Part 4

Hetherington, who was captured by the police, had been turned over to the Committee by whom he was tried, the Committee going into session immediately after the shooting, found him guilty of murder and sentenced him to be hanged.

We were again called out on the 29th and were stationed so as to command the situation. This time a gallows was erected on Davis street, between Sacramento and Commercial.

Another man, Philander Brace by name, was also to be hanged at the same time, and at about 5:30 in the afternoon of July 29th they were both conveyed in carriages, strongly guarded, to the execution grounds. Hetherington had previously proclaimed his innocence, claiming that the Doctor had shot first and he had simply shot in self-defense, but his previous record was bad, he having killed a Doctor Baldwin in 1853 and had run a gambling joint on Long Wharf, and eye witnesses claimed that he not only provoked but shot first.

Brace was of a different nature, he was a hardened criminal of a low type. The charge against him being the killing of Captain J. B. West about a year previous, out in the Mission, and of murdering his accomplice. He had also confessed to numerous other crimes.

Hanging of Hetherington and Brace.

Thousands of people were on the house-tops and in windows and on every available spot from which a view of the gallows was to be had. The prisoners mounted the scaffold, being accompanied by three Vigilance Committee officers who acted as executioners and a Rev. Mr. Thomas. After the noose had been adjusted, Hetherington addressed the crowd, claiming to be innocent, and ready to meet his Maker. Brace, every once in a while, interrupted him, using terrible and vulgar language. The caps were adjusted, the ropes cut and the two dropped into eternity. They were left hanging 40 minutes, after which the bodies were removed by the Committee to their rooms and afterwards turned over to the Coroner. They were both young men--Hetherington 35, a native of England, had been in California since 1850, while Brace was but 21, a native of Onandaigua County, N. Y.

Ballot Box Stuffing.

The ballot boxes that had been used by Casey and his ilk were of a peculiar construction, having false slides on the sides and bottoms that could be slipped out and thereby letting enough spurious votes drop into the box to insure the election of their man or men. It was claimed that nearly the entire set of municipal officers then holding office had secured their election through this man. They were afterwards requested by the Vigilance Committee to resign their offices, but at the first election that was held on November 4th, they were all displaced by men selected by a new party (the People's party) that was the outcome of the efforts of the Vigilance Committee.

Billy Mulligan.

William Mulligan was shipped out of the State on the steamer "Golden Age" on June 5th, 1856, with instructions never to return under penalty of death. However, after three or four years of absence he returned to San Francisco. He was often seen on the street, but was not molested until sometime in the summer of 1862 when he got a crowd of boys around him on the crossing of Prospect Place and Clay street, between Powell and Mason streets. It was not long before he had trouble with them and shot into the crowd, injuring a boy, however, not seriously. The police were soon on the ground, but Mulligan had made his way into the old St. Francis Hotel on the corner of Clay and Dupont streets which was vacant at that time. The police came and they were directed to the building where Billy could be found. When the police entered they found they were half a story below the floor of a very large room in the second story. Billy was called upon to surrender. He told them that the first one that put his head above the floor would be a dead man, and knowing the desperate character they were dealing with, they thought best to retire and get instruction from the City Attorney, who told them they had a right to take him dead or alive, whereupon they proceeded to arm themselves with rifles and stationed themselves on the second floor of a building on the opposite side of the street from the St. Francis on Dupont street, and when Mulligan was passing one of the windows the police fired. Mulligan dropped to the floor, dead as a door nail. He was turned over to the Coroner and has not been seen on the streets since. Charles P. Duane is another one of twenty-seven men who were shipped out of the State and returned. He shot a man named Ross on Merchant street, near Kearny. I do not remember whether the man lived or died, or what became of Duane.

Black List.

From the book entitled "San Francisco Vigilance Committee of '56," by F. W. Smith, I quote the following, with some corrections and alterations:

"I am informed by an ex-Vigilante that the Committee roll call of '56, just before its disbandment, numbered between eight and nine thousand.

In concluding our history of this society, we will give the names and penalties inflicted on those who came under its eye during the latter year; whose conduct was so irreparably bad that it could not be excused.

Those who suffered the death penalty did so in expiation for lives they had taken. The names of these culprits are familiar to the reader. We also give the names of those who were required to leave the State; all of whom, in the archives of the Vigilantes, fall under the head of the black list:"

James P. Casey, executed May 22nd, 1856. Charles Cora, executed May 22nd, 1856. Joseph Hetherington, executed July 29th, 1856. Philander Brace, executed July 29th, 1856. Yankee Sullivan (Francis Murray), suicided May 31st, 1856. Chas. P. Duane, shipped on "Golden Age," June 5th, 1856. William Mulligan, shipped on "Golden Age," June 5th, 1856. Woolley Kearney, shipped on "Golden Age," June 5th, 1856. Bill Carr, sent to Sandwich Islands, June 5th, 1856, bark "Yankee." Martin Gallagher, sent to Sandwich Island, June 5th, 1856, bark "Yankee." Edward Bulger, sent to Sandwich Islands, June 5th, 1856, bark "Yankee." Peter Wightman, ran away about June 1st, 1856. Ned McGowan, ran away about June 1st, 1856. John Crow, left on "Sonora," June 20th, 1856. Bill Lewis, shipped on "Sierra Nevada,"--June 20th, 1856. Terrence Kelley, shipped on "Sierra Nevada," June 20, 1856. John Lowler, shipped on "Sierra Nevada," June 20th, 1856. William Hamilton, shipped on "Sierra Nevada," June 20th, 1856. James Cusick, ordered to leave but refused to go, and fled into the interior. James Hennessey, ordered to leave, but fled to the interior. T. B. Cunningham, shipped July 5th, 1856, on "John L. Stephens." Alex. H. Purple, shipped July 5th, 1856, on "John L. Stephens." Torn Mulloy, shipped July 5th, 18,56, on "John L. Stephens." Lewis Mahoney, shipped July 5, 1856, on "John L. Stephen,." J. R. Maloney, shipped July 5th, 1856, on "John L. Stephens." Dan'l Aldrich, shipped July 5th, 1856, on "John L. Stephens." James White, Shipped July 21st, 1856, on "Golden Age." James Burke, alias "Activity," shipped July 21st, 1856, on "Golden Age." Wm. F. McLean, shipped July 21st, 1856, on "Golden Age." Abraham Kraft, shipped July 21st, 1856, on "Golden Age." John Stephens, shipped September 5, 1856, on "Golden Age." James Thompson, alias "Liverpool Jack," shipped September 5, 1856, on "Golden Age."

Many others either left of their own volition or under orders to leave the state.

Bulger and Gallagher who had been shipped out of the country on June 5th returned to San Francisco. In their haste the Committee had failed to read their sentences to them and they were not aware of the penalty of returning. They were again shipped out of the country and ordered not to return under penalty of death.

There were 489 persons killed during the first 10 months of 1856. Six of these were hanged by the Sheriff, and forty-six by the mobs, and the balance were killed by various means by the lawless element.

"Fort Gunnybags" 1903.

On March 21, 1903, the California Historic Landmarks League placed a bronze tablet on the face of the building at 215 Sacramento street that had formerly been the headquarters of the Vigilance Committee of 1856, inscribed as follows: "Fort Gunnybags was situated on this spot, headquarters of the Vigilance Committee in the year 1856." Many of the old Committee and Pioneers participated in the ceremonies. The old Monumental bell which had been used those stirring days was also in evidence and pealed out its last "call to arms."

Closing Chapter of Vigilance Committee.

As a closing chapter to the history of the Vigilance Committee of 1856, or at least the immediate cause of its coming into existence, there was sold at public auction in San Francisco on the evening of January 14th, 1913, the very papers that James King, of William, had had transcribed from the records in New York and published in his paper the "Evening Bulletin" showing the record of Casey's indictment, imprisonment and pardon, the publication of which he, Casey, resented by shooting King. In addition to these documents were sold many of the books, papers, etc., of as well as other books and papers relating to the Vigilance Committee that had been collected together by Mr. C. J. King, a son of James King of William.

Vigilance Committee Work In 1849, '50 and '51.

While there has been a great deal said about the Vigilance Committee in California in 1856, there has not been much said about it in '49, '50 and '51. That the reader may know what was going on up to that time, I must now draw largely from previously published accounts for my information, for a condensed statement.

On the 30th day of January, 1847, Mr. Washington A. Bartlet became the first Alcalde of San Francisco, under the American flag. At this time the population numbered 500, including Indians. During '47 and '48 it increased to two thousand, and by the last of July, 1849, it was over five thousand. The condition of the town at this time was terribly demoralized, gambling, drunkenness and fights on every corner. About this this came a class of offscourings of other countries and the curses to California. It was during this dreadful state of uncertainty that the famous Vigilance Committee of 1851 was organized, and it now became known that there was an organized committee for the purpose of dealing with criminals. It was about this time the case of John Jenkins came up and he was arrested and tried by the Committee, and condemned to be hanged. He was then hanged until he was dead. The tragic fate of Jenkins, and the determination manifested to deal severely with the villains had the effect of frightening many away. The steamers to Stockton and Sacramento were crowded with the flying rascals. The Sydney Coves and the more desperate characters remained. At this, time the city served notices on all persons known to be vicious characters to leave the city at once, on fear of being forcibly expelled to the places whence they had come. This was rigidly enforced and had a very wholesome effect.

The next one to come before the Committee was James Stuart, who was transported from England to Australia for forgery. It is not worth while to go into details on account of this man, for he confessed to crimes enough to hang him a dozen times. On the morning of July 11th, 1851, the taps on the bell of the Monumental Engine House summoned the entire Vigilance Committee. The prisoner was then allowed two hours grace, during which time the Rev. Dr. Mills was closeted with him in communion. After the expiration of the two hours, the condemned was led forth under a strong guard. He was taken down Battery street to the end of the Market street wharf, where everything had been previously arranged for the execution. Very soon after the procession reached the spot the fatal rope was adjusted and the condemned hoisted up by a derrick.

The hanging of Stuart seems to have been a very bungling piece of work, but this man's life was given to evil doing, and the great number of crimes confessed and committed by him would seem to say that he was not deserving of any more sympathy than which he got. This was a sorry spectacle, a human being dying like a dog, but necessity, which dared not trust itself to feelings of compassion, commanded the deed, and unprofitable sentiment sunk abashed.