YUBA  COUNTY

Crimes & Criminals

(pre 1924)

CHARLES WILLIAMS

            Shortly after noon on June 2, 1868, Hank L. McCoy and Jim Leaman, members of the Marysville force, went  to the lower section of the city to arrest Charles Williams, alias “Mountain Scott,” who was wanted for the murder of a man named Ritter at Michigan Bar, and who was suspected of the killing of a Marysville policeman, “Butch” Dobler, a short time before.  On turning the corner of B and First Streets, the officers espied “Mountain Scott” seated in front of an Italian store.  When the fugitive observed the officers coming, he immediately started to run across the levee, the officers in pursuit.  When he reached the top of the embankment, he turned and fired a shot at his pursuers, which went wide of the mark.  When Leaman returned the fire, the man ran down the levee to the corner of First Street and California Alley, now Chestnut Street.  McCoy then opened fire, and his aim proved good at two attempts.  “Mountain Scott” dropped, and died almost instantly.  He had taken two shots at McCoy, however, before he fell, and officer Leaman had resumed shooting.  It was later ascertained that the deceased was a noted criminal, wanted for several offenses; that he was a native of Jamaica, aged thirty years; and that his correct name was Charles Williams.

History of Yuba and Sutter Counties, Historic Record Company, Los Angeles

MURDER OF DR. GRAY

            On the evening of July 4, 1868, while firecrackers and pistols still were popping in celebration of the nation’s natal day, a shot was fired which went unnoticed amid the uproar, and because unnoticed gave the killer of Dr. J. B. Gray, prominent Marysville physician, time to make a get-away, which, however, proved short-lived.

            While Dr. Gray was standing near the door of the Magnolia saloon, afterward known as Foster’s Bar, talking with a friend, Rufus Swett, former resident of La Porte, Plumas County, and of St. Louis, Sierra County, approached and engaged Dr. Gray in conversation in a low tone.  Friends of Dr. Gray who were standing near testified at the coroner’s inquest that the first words they heard from Dr. Gray were, “Get away from me; I don’t want to have anything to do with you.”  To which Swett replied:  “I am a big enough man for you.”  The next instant a shot rang out, and then Dr. Gray moved toward the curb, saying, “He has shot me through and through!”  Swett ran up D Street to Third, over Third to E, across E diagonally to the corner of E and Third, thence to Commercial Alley, down to the Yuba River levee, and up the river to the bridge, which then crossed the river at E Street and was known as the “Hawley Bridge.”  Twenty or thirty citizens, aroused by cries of “Stop the murderer!” and “Go to the bridge!” followed after Swett.  The one to reach him first turned back when Swett leveled his pistol at him.  Search for Swett that night proved futile, though citizens and police kept strict vigil.

            The next morning, at 10 o’clock, William Elliott reported seeing Swett at the corner of Fifteenth and Yuba Streets, and also reported that a mare belonging to J. Joy was stolen soon after Swett was seen there.  Thinking that this was a plan to throw them off the scent, the officers paid but little attention to the story.

            That night city Marshal Nightingill, police officer Dan Derrickson, Deputy Sheriff Hewitt, and a man named John Stincer, armed with shotguns, proceeded to the home of William Totman, a friend of Swett, on Yuba Street, and lay in wait, having worked out a theory that Swett would call there.  Soon Swett appeared and was ordered by Derrickson to throw up his hands, which he reluctantly did, at the same time assuring Derrickson that his pistol was empty.  Derrickson called the other officers and soon had Swett marching toward the city, arms upraised.  As the party passed the Totman house, Swett asked permission to go in and get a drink, but this was refused him.

            As a train of cars standing on the track at A and Sixth Streets was passed, Swett suddenly dodged behind the last car and took to his heels.  Although Derrickson tripped and fell, he recovered soon enough to fire, the charge taking effect in Swett’s left forearm.  It was then an easy matter to land Swett at the city jail.  Here a crowd of citizens assembled and demanded that Swett be hung, but the mob was soon subdued with assurances that the law would mete out justice in the case.

            Swett told the officers that he did not fire the first shot, and did not dream of violence on Dr. Gray’s part.  He said the difficulty arose out of Dr. Gray’s betraying Mrs. Swett.

            The coroner’s jury was made up of Fred N. Pauly, D. H. Harney, E. W. Whitney, Emmett Brown, Fred C. Chase, W. C. Swain, L. T. Crane, and J. T. Dickey.  Their verdict held Swett accountable for the slaying.  Dr. R. H. McDaniel, father of the present superior judge, Dr. E. T. Wilkins and Dr. L. Lasvigne were witnesses at the inquest.  A. Suss, merchant, Thomas McDermott, then familiarly known as “Mac, the Baker,” and A. Lloyd testified as eye-witnesses to the shooting of Dr. Gray.  The funeral of Dr. Gray was largely attended, as he was very popular in the community and had many friends throughout the State.

            Investigation into Swett’s past showed that he left La Porte after arousing suspicion that he had committed burglary.  He also had gained an unenviable reputation at Conner Creek and St. Louis.

            On October 14, the grand jury of Yuba County returned an indictment accusing Swett of the murder of Dr. Gray.  The true bill was signed by J. H. Roberts as foreman of the jury.  R. R. Merrill, as district attorney, and Barney Eilerman, as county clerk, took the usual part in the proceedings.  S. M. Bliss was the county judge before whom the indictment was presented.

            Swett employed J. G. Eastman, Marysville attorney with a State-wide reputation, to defend him.  Eastman challenged the indictment upon the grounds that the grand jurors were not drawn and empaneled in accordance with the law, and that all the jurors empaneled had formed an opinion  that Swett was guilty of the crime.  This demurrer availed the defendant nothing.

            One week after the grand jury indictment was returned against Swett – October 22, to be specific – the prisoner took leave of the county jail by night.  He was locked in an iron cell as usual on the previous evening.  In the morning the jailer found the cell door open, a hole cut through the east wall of the jail, and steps made from the staves of a bucket forming an ingenious stairway up the outside wall overlooking the yard.  When the news of the escape was broadcasted, the citizens of Marysville, especially the friends of Dr. Gray, were far from complimentary of Sheriff A. P. Spear, who had ignored warnings that he should keep a night watch at the jail during the  incarceration of Swett, and take other precautions.  It was openly charged that the sheriff connived at the escape.  A reward of $300 was offered for the capture of Swett.

            On December 30, at the request of the district attorney, District Judge I. S. Belcher issued a bench warrant for the rearrest of Swett, who was reported as having been seen in South America; but he was never retaken.

History of Yuba and Sutter Counties, Historic Record Company, Los Angeles

DECKER – JEWETT

            The latter half of the year 1873 provided enough excitement for the officials of the city of Marysville and the officers of Yuba County to offset a season of quiet that for some time had prevailed.  It was in that period that the futile attempt to rob the Decker-Jewett Bank, then located at First and High Streets, was made.

            About 3 o’clock in the afternoon of July11, 1873, John H. Jewett was standing behind the counter of the bank acting as cashier, and the late A. C. Bingham was engaged in a curtained counting room of the bank near by, out of public view.  Supposing that Jewett was alone, a man slipped up and leveled a six-shooter at his head, saying, “Don’t you move!”  Jewett, quickly comprehending the situation, crouched down and moved behind a desk, exclaiming at the same time, addressing Bingham, “The gun!”

            There were four double-barreled shotguns in different places in the bank.  Jewett seized the nearest, not far from where he had taken refuge.  The robber passed inside the railing and grappled with Jewett, just as he was grasping the gun, and struck him on the head with his revolver.  Bingham, rising from his seat, fired a shot at the robber with a pistol.  The stubborn resistance from the bank officials, coupled with the fact that he was receiving no assistance from his accomplices, determined the robber to retreat.  But before he made his exit, Bingham, from over the curtains of his desk, fired both barrels of a shotgun loaded with buckshot point blank at the retreating robber.  Jewett also fired once with his shotgun.  The man staggered through the door and fell on the sidewalk.  Jewett followed, and was about to shoot again, when the man begged to be spared, saying, “Don’t, I am dying.”

            John A. Toney, the partner of the dying man, unhitched the wounded robber’s horse, standing in front of the bank, and mounting the animal, rode rapidly toward E Street, and on to Yuba City.  The wounded robber proved to be James Collins, alias Frank Whipple, and best known in the section as “Big Frank.”  He was as fine a specimen of man as can be imagined, those who knew him say.  When he was carried to the police station, doctors found that twenty buckshot had entered at the small of his back, two were found near the crown of his head, and one in his neck.  He died that night in the jail, after suffering great agony.

            Before dying, Collins implicated P. W. Winkley, who had served the city both as city marshal and chief of the fire department, as the master brain in the plan to rob the bank.  He had during his death agony, earlier in the day, asked A. C. Bingham, who called on him, if Winkley had said anything to him about the plan to rob the bank.  Bingham assured him that Winkley had not done so.  Bingham’s suspicions were at once aroused; and it afterward transpired that the plot was framed in Winkley’s saloon in Yuba City, two days before, between “Big Frank,” John A. Toney and Winkley.  Winkley was to take a station at the corner of First and D Streets and give the necessary signals.  He was to take off his hat and replace it when he thought the time ripe to act.  It was then recalled by citizens that Winkley was seen hastening from the vicinity of the bank when the shooting began, something quite unlike anything he was ever before known to do at a time of peril and public excitement, as he was a brave fellow, according to his police record. Winkley was arrested, and was convicted of complicity in the attempted robbery.  He served a term in the penitentiary.

            Officers Hank L. McCoy, father of Charles J. McCoy, the present sheriff of Yuba County, and Mike Hogan took up the pursuit of Toney, the trail leading through Sutter County and into Colusa County.  In the territory now known as Glenn County, a constable apprehended Toney.  Handcuffing him, he placed him on the robber’s own animal, a racer, and mounting one of his own, rode alongside. The start was made for Marysville.  Reaching a watering-trough at a small town, the constable decided that the horses needed water; but no sooner had he dismounted for the purpose of watering the horses than Toney gave his horse the spurs and was off at lightening speed.  He made a clever get-away, and found security for a time in the Lava Beds in the northern part of the State.  Hank McCoy did not quit the chase, however.   Suspecting the direction Toney had taken, he followed on horseback, and was rewarded by coming upon his man.  There was a gun battle in which Toney received a broken arm.  He then gave up, and was returned to Marysville by McCoy.  He paid the same penalty as Winkley.

History of Yuba and Sutter Counties, Historic Record Company, Los Angeles

DENNIS DUFFICY

            Marysville was thrown into a state of excitement on the evening of Saturday, August 1, 1874, about 5:30 o’clock, when it became known that Dennis Dufficy, of the firm of Rohr & Dufficy, furniture dealers on D Street between Fourth and Fifth, had been stabbed, perhaps fatally, by his brother-in-law, John B. Rohr.  Soon the store and the street held a crowd of excited persons, seeking the details of the affray.

            It developed that the only persons present at the cutting were Dufficy, his father-in-law and partner, and his brother-in-law.  The eldest Rohr and Dufficy had a disagreement over business matters, during which, it was alleged, Dufficy used improper language toward his father-in-law and slapped him in the face, whereupon John B. Rohr, who was employed in the store, resented the treatment of his father, saying he would not see him abused and struck.  At his juncture, Dufficy turned upon young Rohr and knocked him down. Rohr, on recovering himself, drew his pocket-knife, which had a long, sharp blade, and warned Dufficy to let him alone.  Paying no heed to the warning and drawn knife, Dufficy approached Rohr and endeavored to strike him with a high chair, or stool.  It was then Rohr used the knife, inflicting a wound on the left side of the abdomen, severing the intestine.  Dufficy ran to the street, followed by Rohr, who carried his knife in his hand.

            On meeting Oscar Stone and David Kertchem, Dufficy informed them that he was mortally wounded, and asked that a doctor be called.  Ex-Sheriff Matt Woods, who happened along, took Rohr into custody and delivered him to police officers McCoy and Murphy at the station.  Dufficy was taken to the drug store of Scott & Fllint, where he was examined by Dr. S. J. S. Rogers, and given first aid.  According to the physician Dufficy’s condition was made highly alarming because of the fact that he insisted that he was going to die from the wound, which, in the opinion of the doctor, was not necessarily fatal.  Dufficy died two days later, on August 3.

            At the October term of the grand jury, A. B. Crook, foreman, an indictment was returned by that body charging Rohr with the murder of Dufficy.  E. A. Davis, who later became the judge of the joint superior court of Yuba and Sutter Counties, introduced the testimony, as district attorney.  On May 7, 1875, Rohr secured his dismissal upon the grounds of self-defense.

            To those acquainted with the present-day language of a grand-jury indictment and a court complaint, the reading of the “true bill,” returned against Rohr will prove of interest.  The indictment, in part, used this language:

                        “The said John B. Rohr, on the first day of August, 1874, with force and arms in and upon the body of Dennis Dufficy, then and there being, feloniously and willfully did assault and, with a certain knife, which the said John B. Rohr in his right hand had and held, the said Dennis Dufficy in and upon the belly of the said Dennis Dufficy, then and there did feloniously and willfully strike and thrust, giving to said Dennis Dufficy then and there and with the knife aforesaid, in and upon the belly aforesaid, one mortal wound, of which said mortal wound the said Dennis Dufficy, from the first day of August, 1874, until the third day of August, 1874, did languish and languishingly did live, on which third day of August the said Dennis Dufficy did die of said mortal wound.”

            The warrant of arrest in his case issued form the mayor’s court and was signed by William Hawley, the then mayor of Marysville.

History of Yuba and Sutter Counties, Historic Record Company, Los Angeles

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