The San Francisco call., 1905-03-09

The Supreme Court made the start
ling discovery yesterday that Superior
Judge John E. Raker of Modoc County
was holding Office while under sem
tence for contempt, and that the JUS
tices of the States highest tribunal
had been collecting their salaries ille-
gally for more than three years be-
cause they had not decided the appeal
from contempt proceedings within the
three months prescribed. Consterna-
ton reigned on the seventh floor of the
PARROT building for several hours and
at closing time last night the jurists
were in a dilemma as to what should
De done about the matter. 1t is ex-
pected that some order which will
solve the perplexing problem will be
made to-day.
This legal difficulty is direct result
or the historic lynching of five people
near Lookout, Modoc County, on May
81, 1901. The victims were Calvin.
Frank, James and Martin Hall and B..
d. Yantis. Their offenses amounted
TO nothing more than nocturnal raids
upon clotheslines and woodsheds. But
the residents of Lookout and its vi
c1nlty became enraged. There seemed
no absolute proof that the suspected
Hall family was guilty of the petty
crimes and yet there was no one in
the neighborhood but that believed
them responsible. When the suspicion
grew to be moral certainty the male
population organized to put stop to
The evil.
After some argument by night rash
counsel prevailed aid it was decided
to lynch the suspects. The father of
the family had married a squaw and
the progeny was of the half breed
type. Yantis was not blood relation,
but had Joined his fortunes with those
of the Halls. 1t was never disputed
that the whole outfit was of no use
to itself and a positive detriment to
the community.
HANG FIVE ON BRIDGE.
At midnight the ranchers gathered
at the grocery store owned by the JUS
tice of the Peace. Every man covered
his face with a mask. With rope in
hand the crowd marched on the Hall
abode. The five disreputable members
of the family were found at home.
They were summarily dragged from
their beds, half clothed, and hurried
out into the night. The younger VIC
Tins pleaded piteously for. their
escape from what they thought was to
be merely a beating or a coat of tar
and feathers. Until the last they fail
ed to realize the grim purpose of their
captors.
The crowd hurried away from the
town, dragging the fear-stricken vic
TINS or urging them on with curses
and blows. Down the shaded road
the strange assemblage disappeared
from the sight of the few women bold
enough to venture out into the night
and of the men who dared not take
part in the dastardly crime.
When a bridge over a gorge had
been reached the party halted. A
moose, previously prepared, was
placed around the neck of Calvin Hall.
72 years of age, the other end of the
rope was strung around a Stringer of
the bridge and the old man, tottering
with his years and fright, was pushed
off to his death. Frank and James
Hall and Yantis were murdered, one
by one. 1t is related that one of the
Hall boys, seeing the awful fate of his
associates and knowing that death i'm
pended, made a heroic fight for life.
His skull was smashed in by one of
the lynchers and the lifeless body was
then dangled at the end of rope.
BOY GETS NO MERCY.
The last of the family to be sent into
eternity was Martin Hall, thirteen
years of age. One or two Of the mask
ed criminals suggested that the child's
life be spared, but the others were in
exorable. While the little fellow pray
ed for mercy, the strong-armed ranch
ers of Lookout twisted the hemp about
his neck and kicked his frail body
from the bridge. The work was done
and the murderers returned to their
homes contented.
Next day the strange spectacle of
five bodies swinging from the bridge
told to the world the story of an awful
crime. Modoc County was aroused
from one end to the other. Some said
Il
ed an investigation and the punish
ment of the murderers. After several
weeks the authorities arrested nineteen
suspects. Whether these men were
guilty or not has never been settled
Attorney General Ford sent deputy
to assist the prosecution. Detective
Thomas Gibson of the municipal police
force was also at Alturas, and at Look
out to aid the peace officers. Ex-Su-
perior Judge G. F. Harris and John
Raker, the present Superior Judge,
were engaged by the defendants as
counsel.
LAWYERS ARE SENTENCED.
The attorneys for the prisoners pre-
pared petitions for writs Of habeas
corpus which Judge Harrington de-
cided were contemptuous. He senten-
ced them to pay fines of $500 each, with
the alternative of five days in Jail.
1dTIlS spent three days DenlnQ the
bars, while Raker FASTENED to San
Francisco to ask the Supreme Court
for a writ of habeas corpus in behalf
of his colleague. An alternative writ
was issued and dates were set for the
filing Of briefs. There the matter end
ed so far as was shown by the records
up to yesterday.
Forgetful of the proceedings before
the Justices once temporary stay had
been granted. Judge Harrington enter
ed upon the hearing of the lynching
cases. A few days after the trial had
begun, two OF the suspects made what
were alleged by the Attorney General
to be bona f1de. and by Attorneys Ra-
ker and Harris to be fraudulent, con-
fessions. The trial resulted in a dis
agreement, and as no new jurors could
be obtained in Modoc County, the case
was dropped and the prisoners were
released The two men who had con-
fessed disappeared. 1t is reported that
one died and that the other went crazy.
Judge Harrington, who tried the
case, disappeared from sight when his
term of Office expired. Attorney Raker,
in the face of tremendous opposition