The San Francisco call., 1896-08-09
Spurred by Jealousy TO Take
the Life of His Wife's
Brother.
NARROWLY ESCAPED LYNCH1Ne
A Fortune Spent in His Defense
in the Famous Trial
of 1874

UKIAH, CAL, Aug. S.-J. W. Burke
is dying in his cabin, four miles south
of town, which he has occupied for the
last ten or twelve years. Burke is a
pioneer of this county, and his death
would recall to those who were asso-
ciated with him in the early seventies a
tragedy in which "Bill, " as they affection
ately called him, figured, and from the
effects of which he never fully recovered.
Burke married daughter OF ''old man"
Owens, who resided about twenty miles
from this place, near what is now known
as Singley's Springs, on the road between
Ukiah and Bonneville. After Burke and
his wife had been married about year
the former developed very jealous d1spo-
sition, which was manifested toward all
whom his wife had any dealings or with
whom she came in contact.
Ond day, in the fall of 1874, Mrs. Burke
expressed a desire to visit her parents at
their home. Burke consented. and ]. B.
Owens, brother of the lady, agreed to
take his sister to her parents. Burke
had been drinking more or less during the
day, and in the miodle of the afternoon
returned to his home. There he saw
young Owens and his sister sitting on
the porch chatting, while the various
mem bers of Burke's family, his parents
and sisters and brothers, were in and about
the house. AS he rode up he made some
remark which boded i'll for Owens, but the
latter paid no attention to it.
Burke got off his horse, strode onto the
porch and there began abusing Owens.
Owens became frightened at the careless
manner in which Burke handled his shot
gun and started to leave, running up the
county road towards this place. He had
reached Robinson Creek, $50 yards from
the house, when Burke got onto his horse
and followed him. Owens pressed on and
crossed the creek, which was some five feet
deep at its deepest, and probably fifty feet
wide. Just as he emerged on the opposite
bank Burke caught up with him and
placing the barrel of the shotgun not two
feet from Owens left temple fired both
barrels, discharging the contents into the
young mans brain. The unfortunate
man lived about six hours.
Burke took to the hills and while there
was furnished with food and supplies by
friends in the valley. A posse, led by
doc" Standley, at that time Sheriff OF this
county, was close on his trail, and mem
Der of that posse, a young law student
named Marstella, clerk in the Office of
District Attorney L. l.. Carothers, was the
man who captured Burke. He was brought
to town and placed in the County Jail.
Murders had been so frequent and many
had been committed in such wanton cold
bloodedness and with such willful pre-
meditation that mob violence was feared.
The officer received word that a mob
iaIl 70
the EIGHT men who were at that time its
inmates, each awaiting trial for murder.
County Judge I. B. Bond made an order
transferring the prisoners under arrest for
murder to Sonoma County for safekeep-
ing. and about midnight ole dark night
the eight prisoners, closely guarded, were
loaded into q thoroughbrace and driven to
Santa Rosa.
When Burke's trial came up he was
represented by Hon. r. McGarvey, the
present Superior Judge of this County,
Hon. ]. B. Lamar and Hon. N. Greene
Curtis of Sacramento. The latter made
the defense in this case the effort of his
life, and so great was the strain upon him
that at the close of the trial he was speech
less from exhaustion. 1t is said that Cur
tbs tried but one case after this one, that
being the case of the People VS.. Laura d.
Fair, wherein he defended that lady on
her second trial for murder.
Burke's attorneys moved for change of
venue on account of the bias and preju.
dice OF the community, and this was
granted. The case was sent to Sonoma
County and tried before Hon. w. C. Wal
lace, at that time District Judge for the
Ninth Judicial District. The prosecution
was conducted by Hon. T. L.
Carothers, at that time District Attorney
of Mendocino County, assisted by Hon.
Barclay Henley, District Attorney OF So
noma County. The trial occupied week.
and every point was bitterly contested.
When the case had been submitted the
jury was not long in bringing In a verdict.
finding the defendant guilty of murder in
the first degree, with recommendation
that he be incarcerated in the peniten-
tiary for life.
The main witness on behalf of the neo.
pie was an old Indian, by name Suisas
who sat on the bank of the creek and saw
the whole proceeding = the pursuit of
Ovens by Burke and the shooting.
Burke was sent to San Quentin for life
but owing to the fact that he met with an
accident whereby his foot was crushed his
term was commuted by Governor William
Irwin to ten years, and, with his credits
which he had earned, Burke was soon a
free man. He returned to his place here.
only to fnd. that during his incarceration
ms wife had secured divorce from him
and left the country. Shortly after Burke
married a daughter of D. Erwin OF this
place. and they have child.
At the time of the killing Burke was re-
puted to be worth in the neighborhood of
SIS. 600 or SIC, 600, but the expense of his
trial was so great and the money neces-
sary to secure his release from State prison
SO enormous that he is practically penni-
less, HIS cabin is within short distance
OF the place where the shooting of Owens
took place. Owens at the time OF his death
was a young man about 25 years of age. a
widow and one child survived him. His
widow subsequently married Isaac Cris-
pin, a rancher of Manchester, in this
county, and his daughter is school
teacher near this place.
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