Chapter III.

The particular subjects at issue, on each side, were the status of the

Committee, the authority of the Governor to command its disbandment. The

Committee had expressed the desire or the intention to have Casey

committed to their custody, alleging that his escape from the jail was

not unlikely for certain reasons. The Governor at length acceded in

general terms to the propositions of the Committee, and measurably

assured them his support. The Law and Order leaders were amazed,

incensed and disgusted at the weakness of Governor Johnson. He had as

good as surrendered the jail to them, and they had only to go and seize

it, and capture the prisoners. This was known in the city on Saturday,

and the Law and Order body prepared for the expected emergency--the

defence of the jail from the assault of the Committee. Steps were taken

for the defence of the jail by the Law and Order men, who volunteered

for the occasion. The Committee had likewise made preparations.

A digression of amusing nature will not be out of place here: The

steamboats from Sacramento then landed at Pacific street wharf, and

arrived usually about 9:30. The Oakland ferry boat made her last trip

over a few minutes after the Sacramento boat landed her passengers.

Governor Foote had his residence at Clinton. Saturday morning one of his

daughters called at my office and said that her father was at Benicia,

and they expected him home that night. "But," she continued, "you know

what a terrible excitement there is in the city, and how likely father

is to take active part in anything which enlists his sympathies or stirs

his feelings; and we all fear that he will do something imprudent. I

know he will be very strong on the Law and Order side, and it will be

better for us all if he will come directly home and not stay in the city

to get mixed up in these terrible troubles." She requested me,

therefore, to be at the boat that night when she landed, and to prevail

upon her father, if he were otherwise disposed, to take the boat for

Oakland. I promised, and that night I took a hack for the wharf, a

quarter of an hour before the usual time of the boat's arrival. As the

hack turned from Montgomery street into Washington, I noticed a crowd at

the door-way of the Bank Exchange. Calling to the driver to stop a

moment, I entered the saloon. I learned that the boat had already

arrived, a half hour ahead of ordinary time. My disappointment was in a

moment sunk in my surprise. I heard Governor Foote's voice in loud

tones, toward the front of the room. It was a surprise to see him in a

barroom, for he was not addicted to drinking, and except in the Orleans

at Sacramento during the Legislature, when he was candidate for United

States Senator, I had never seen him in a saloon. But that which most

astonished me was the Governor's warmth of approval of the Vigilance

Committee, and his animadversions and regrets in regard to some of his

friends, who had taken active part on the Law and Order side. He stood

the centre figure of the crowd close about him, declaiming with his

accustomed fluency and energy. I left the saloon, dismissed the hack,

and walked to my own quarters, ruminating on the common saying that,

"white man is mighty uncertain." Thence on Governor Foote was a red-hot

"Vigilante."

Sunday morning, May 18th, there were, besides the Sheriff and his

deputies, the officers and guards, a force of 106 Law and Order men,

armed with muskets, inside the County Jail, ready to defend it against

the expected attack of the Vigilance troops. Before noon they came from

every part of the city, several thousand strong. A piece of artillery

was trained in front of the jail entrance, with men to handle it. The

armed force in the jail and upon the wall appeared ready for the

encounter. The Commander of the Committee forces demanded from the

Sheriff the surrender of Casey and Cora. It was refused. There was some

parleying. It ended in the withdrawal of the jail guard, and of the Law

and Order forces also, the admission of the Vigilance officers into the

jail, and the surrender to them of Casey and Cora, who were taken to the

rooms of the Committee, and put in the separate cells prepared for them.

The whole affair occurred within the space of an hour. The State and

City and County authorities had succumbed to the Committee without

resistance, and the law was usurped by the new and self-constituted

power. The Courts were virtually overborne and ignored, if not derided;

and the will of the Vigilance Committee became the supreme law in San

Francisco.

In the County Jail at the time was Rod. Backus, a young man of good

family, cousin of Phil. Backus, an auctioneer of considerable prominence

in mercantile and social circles. Rod. Backus had shot dead a man whose

face he had never seen until the moment before he shot him, a dozen

paces distant. It was in Stout's alley. It was a murder, a wanton

murder, without provocation, excuse, extenuation or palliation whatever.

Rod. Backus was a frequent visitor at a house of the demi-monde in the

alley, and one Jennie French was his favorite. As he came to visit her

one evening, at dusk, she was standing in the doorway, at the head of

the iron stairway which led to the entrance on the second floor. On the

opposite side of the alley, walking slowly toward Jackson street, was a

man of ordinary appearance. As Rod met her on the top platform, Jennie

said to him: "Rod, that fellow has insulted me; shoot the ----." At

the word Backus drew his pistol and fired. The man fell. He had turned

his face the moment Backus fired. It was an instantly fatal shot. Backus

had influential friends among business men and politicians. The Coroner

held an inquest. A jury to hold Backus blameless had been secured, but

they overshot their mark--the thing was too transparent, too

bare-faced. The murdered man was a German much respected by his

countrymen. They determined to press the matter to justice. Backus was

indicted, tried, convicted of murder and sentenced to death. None of

just mind questioned the righteousness. But his case was appealed, and

at last he had his crime reduced in degree, and received sentence of a

short term--three or five years in San Quentin prison. This easy

let-off did not satisfy him; he wanted a verdict of acquittal, and

expected still to get it. Accordingly he again appealed his case, and

while in the County Jail awaiting the action of the Supreme Court upon

his appeal, the Committee had seized and taken away Casey and Cora. He

was not molested; nevertheless, his fear of consequences impelled him to

withdraw his appeal, submit to his sentence, and serve his term at San

Quentin. He even begged to be taken there at once, and he was. The

explanation made by the Committee leaders for not taking Backus was that

the law had already passed judgment in his case, and the Committee was

not disposed to interfere with the judgments of the Courts. The

explanation was puerile and inconsistent with their action in the case

of Cora, who was also in the hands of the Court and was awaiting another

trial. A portion of the jury, among this portion Front street merchants

and other respectable business men, had held him to be not guilty; and

surely this was more than any juror had expressed in the case of Backus.

Moreover, Backus had himself demonstrated his dissatisfaction with the

very mild verdict in his last trial, and was, the same as Cora, awaiting

the issue of another trial. The common belief was that Backus owed his

exemption from the grasp of the Committee and from the dread penalty

which Casey and Cora suffered, not to any doubt as to his guilt, but

solely on account of his relationship and his social standing. He had

been boon companion of many of the young men of the Committee before he

committed the murder in Stout's alley.

Now, as to Casey: he has been described as a ruffian and villain of

irredeemable depravity--desperate to the last degree. James P. Casey

was a young man of bright, intelligent and rather prepossessing face,

neat in his person, inclined to fine clothes, but not flashy or gaudy in

his attire. He was of low stature, slender frame, lithe and compact,

sinewy, nervous, and very agile. His eyes were blue and large, of bold

expression. His voice was full and sonorous. He had served as Assistant

County Treasurer for two years, handled a large aggregate of money in

that capacity, and his accounts squared to a cent when he handed over

the books to his successor. He was twice Supervisor. His record in that

office will favorably compare with that of any who have succeeded him.

During his lifetime in San Francisco he was never accused of crime;

never suspected of criminal offence. Ballot box stuffing was charged to

his account; also fraudulent counting in elections. Doubtless there was

foundation for each charge. But there were members of the Executive

Committee who had been associated with him in these gross wrongs, and at

least one of them had gained place and profit therefrom; and these

equally or more guilty men voted to hang their former associate in evil

deeds. It may be remarked, further, that in the face of the colossal

frauds of Returning Boards and Canvassing Boards within the last dozen

years, in States South and in the States North, by which the people were

defrauded of their choice for President on two occasions, the offences

of Casey in the comparatively small matter of a municipal election, are

better left unmentioned. Even now, in San Francisco, how many are there

in local office who can with clear conscience declare their innocence of

crookedness or corruption, or fraud in elections? When it comes to

throwing the stone at the staked sinner, conscience palsies the arm of

many who feel disposed to throw it. Casey was once in the city prison

for riotous conduct. At a very hotly contested democratic primary

election, in the early fall of 1855, between the Broderick and Gwin

wings of the party, Casey got into trouble. The polls were on Kearny

near Pine street. Toward the close nearly all on each side who had

participated in the election were in inflamed condition. Casey had gone

to the polling place to ascertain the result. He carried no weapon.

Immediately he was set upon by five of the wing, to which he was

opposed--Bob Cushing, J. W. Bagley, and three others, all armed with either

knife or pistol--two of them with both. Casey did not know fear; he was

game from crown to toe. One ball grazed his forehead on the right side,

another the occiput just behind the left ear, and shot off his hat. His

shiney bald head made that a conspicuous mark, but the range was too

short and the shooters were too excited for accurate aim. Casey had been

taken by surprise, but the slight creasing of the bullets, abrading the

skin and stinging, instantly impelled him to rapid and desperate action.

He rushed upon one of his assailants and wrested a knife from his grasp.

With this he turned upon Cushing, plunged it in his body just above the

lower ribs, and as Cushing was sinking to the ground, he turned the

knife and cut upwards with such power as to cleave the rib the blade

struck against. One of the five had become so nerveless at the sight,

that he dropped his pistol. Casey leaped and secured it. He shot at

Barley and the ball penetrated his breast. As he fell, Casey likewise

secured his pistol. The two others were game, but confused and shot

wildly. The bullets went through Casey's coat and vest, riddling each in

a dozen places; but not one of them did so much as to graze his skin.

The third man had been paralyzed with fright after the first clash.

After emptying their revolvers ineffectually the two others left the

ground; Casey remained the master of it. Not for long, however. A

policeman who had watched the affray from a safe distance then rushed

up, arrested Casey, took him to the City prison, and booked him for

assault with a deadly, weapon. That evening I met Colonel Baillie

Peyton, Colonel Jo. P. Hoge, and Colonel Ed. Beale on Kearny street.

They had been told of the encounter, and expressed the desire to see

Casey to compliment him for his bravery, and congratulate him upon his

miraculous escape. Accordingly we visited the prison and saw Casey, with

his clothes shot to shreds from the left shoulder pit down to his waist,

and no wounds other than the slight creases upon his forehead and

occiput, neither of these so deep as to draw blood. All of us expressed

surprise that the policeman had arrested him--attacked and fighting for

his life in clear self-defence, as he had been--and letting his

assailants go free. Colonel Hoge and Colonel Peyton volunteered to act

as counsel for him in Court; and bidding him go good-night, whit hearty

shake of hands, we all came away. Next morning no one appeared to

prosecute him, and Casey was discharged.

It will serve to state the offence for which Casey was sentenced to

State Prison in New York, before he left for California. He had, the

same as many other young men, taken up with a girl of loose character,

whose chastity had been spoiled by another, and hired and furnished an

apartment for her. The two lived as man and wife--much as too many live

in that same relation, for they quarreled and separated. In his hot

temper one day, he saw her upon the street, and instantly the thought

flashed upon his mind that he would go to her apartment and have the

furniture taken from it. He still kept a key to the door. He hired a

wagon, and carried out his determination. The landlady supposed it to be

all right. He had paid the rent in advance and she was that much the

gainer. He took the furniture to a second-hand furniture dealer, sold it

and kept the money. As he bought it, he felt that it was his to sell. On

the return of the girl, the landlady told her what had occurred. In

taking the furniture, he had also carried away some articles which

belonged to the girl. She hurried to the police Court, made charge

against him, and he was arrested. He made no defence and was convicted.

The sentence was eighteen months in Sing Sing prison. He served his time

and came to California. This was the damning record which James King of

William had threatened to publish in his Bulletin. He did not publish

the facts of the case; but only the fact of the indictment, the

conviction, the sentence and imprisonment. King had been told all this

by a man who had been clerk to the District Attorney, and was cognizant

of all the facts. He was a prominent Broderick man, hated Casey for

having left that wing of the party and joined the other wing, and

adopted this means to blast him in reputation. Casey was morbidly

sensitive on the subject. He had been apprised that King intended to

publish the matter; and early in the afternoon of the day of the

shooting he called upon Mr. King in his office, and warned him to desist

from the publication. King gave no heed to the warning; the matter

appeared in the Bulletin that day. Casey was exasperated to madness. He

armed himself, watched for King on Montgomery street, but he did not

conceal himself. It was King's invariable custom to leave his office in

the small one-story brick building which so long obstructed Merchant

street on the east side of Montgomery, soon after the Bulletin was

issued, walk to the cigar store on the north-west corner of Washington

and Montgomery streets, and thence out Washington street homeward. He

usually wore a talma of coarse fabric, loose and reaching to his hips.

It was sleeveless, concealing his arms and hands. As he came out of the

cigar store, Casey hailed him. The distance between the two was about

forty feet. Casey shouted to him, "Prepare yourself!" and fired. King

tottered and sunk upon the sidewalk. He had frequently made notice in

his paper that any whom he denounced in its columns had the privilege of

adopting their own mode of recourse; stated the route he usually took to

and from his office, and with the significant hint, "God help any one

who attacks me," defied that method of redress. Casey took him at his

word. King was borne to the room in Montgomery block, in which he died a

few days afterward. The ball had penetrated his body from the left side

of his breast, just below the line of the arm pit, and ranging upward

and outward to the back of the left shoulder. The surgeons pronounced it

a dangerous but not a mortal wound. Dr. Beverly R. Cole was

Surgeon-General to the Committee brigade, and a member of the Committee.

Months afterward he declared in a public statement of the case that King

died from the unskillful treatment of the surgeons, and maintained that

with proper treatment he would have recovered. Still it was the wound

which superinduced his death; and Casey had fired the ball which made

it.

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