The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-24
Men Convicted Of
Murder Assert
Innocence.
F. Gilkey and Tobias
Richards Hope for
Liberty.
Lie in Jail Twenty Years for
Alleged Staying of W.
Bergel.

After spending twenty-one years in San
Quentin for a crime of which they claim
they were innocent, Frank P. Gilkey and
Tobias Richards are anxiously waiting
for the day that will give them their
freedom. Both the men are life terme-s.
convicted on circumstantfaI evidence OF
the murder of an aged German named
William Bergel in Sonora. Gilkey was
sentenced TO life Imprisonment in San
Quentin. Richards. realizing that the
same fate awaited him. pleaded guilty
and was given a similar sentence. James
T. Booker, formerly constable of SOnoma,
who is at present in this city, is satisfied
that both Richards and Gilkey are inno-
cent and is doing all in his power to in
terest the Governor in their behalf
Armed with affidavits. which conclusively
show that the men are not guilty Of the
murder charged to them. Booker con-
hdently expects that they will soon be
liberated.
One of the afidavits is sworn T. by
Mrs. Spooner, formerly the wife q
Charles Tubbs, who at the time Of the
murder was well known in Sonora She
swears that Tubbs on the night OF the
murder returned home in a drunken con-
ditiOn. Before retiring he took from his
pocket a dirk knife, the blade Of which
was covered with blood. and hid it I'M
der the mattress of the bed Shortly at
ter the conviction of the two men Tubbs
disappeared and has not been seen since.
The other afidavits are sworn to by
James NJ. Watson and his wife Ella Both
these afidavits were filed. along with
other papers. with the Governor in May
last, but were subsequently Withdrawn.
The affidavit of Mrs. SpoOneg BROKER
believes. will materially assist in estab-
fishing the innocence Of Richards and
Gilkey.
MURDER OF BERGEL.
In February. 1881. William BergeI who
kept saloon on the Sonora and Mono
road. about two miles from Sonora, and
who was supposed to have considerable
money. was murdered some time during
the night. His body was found the next
day in the rocks back of the building. He
had been stabbed through the neck and
there was sheet tied tightly around his
neck.
Frank Gilkey, who lived about a mile
above BergeTs place, found the body.
Gilkey and Bergel had been fast friends.
Gilkey acted as chief mOurner at the fu-
neral and was principal witness at the
COroners inquest. Three days later Sher-
if McQuade, now deceased, arrested Gil
key on suspicion. That night Gilkey
pleaded with the Sheriff to let him go
out home and see his wife on important
business. After considerable persuasion
on Gilkey's part. McQuade saddled Gill
keys horse, which was in the jailyard,
brought II to the front of the jail and
let Gilkey go directing him to take a
circuitous route so as not to go through
the city. McQuade had also saddled his
own horse and when Gilkey had started
he followed him. Gilkey went to neigh
boris house and called him up. McQuade
erawIed up close enough to hear part OF
the conversation.
RETURNS TO JAIL.
When Gilkey was ready to return, Nc
Quade rode home and shortly afterward
Gilkey reappeared at the jail. He asked
McQuade If ne had followed him. Nc
Ouade replied NO. GiIkey replying,
well somebody was pretty close to me,
as my horse warned me-" Next day At
Gibson, the person Gilkey interviewed,
was arrested and held as a witness and
Tobias Richards. who had gone 10 the
lower part of the county. was also ar
rested. Gilkey was found guilty Of muir
der in the first degree and sentenced to
San Quentin for life. Richards pleaded
guilty with the understanding he was TO
receive the same sentence. They are still
in San Quentin. At the trial the jury
stood IL for murder in the first degree
with the death penalty, but one Juryman
held out for recommending life sem
tence which was finally adopted. Gilkey
was a married man and had two sons.
His wife has since married and resides in
Sonora at this time
GILKEY TELLS HIS STORY.
Gnkey arrived at San Quentin Prison
a March II. 1852. His supposed accom-
plice. Richards. dOnned the prison stripes
on April s, 1852. Gilkey was % years old
when he arrived and Richards four years
his senior After being deprived Of their
/ liberty for more than a score Of years
the continual brOoding over their trouble
during this long period and the vehement
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