YUBA COUNTY OBITS
MURDER OF CHARLES WALLER
Marysville Evening Democrat - 7/3/1893, p4
A MYSTERIOUS CASE - Reported to Coroner Bevan by a Young Man from Dobbin's Ranch
A young man who had just arrived in town from the vicinity of Dobbin's Ranch drifted into the office of Forbes & Dinsmore to-day and reported the death of Charles Waller, the aged, sober and industrious watchman at the head gauge on the flume of the Brown's Valley Irrigation Ditch company. The finding of the body in the cellar of his cabin, somewhat swollen and with signs of bruises, savored somewhat of mystery and Mr. Dinsmore advised the young man to tell his story to the Coroner. - Coroner Bevan was notified of the young man's mission and hunted him up. - He was found this afternoon and invited to the Coroner's office. In the presence of a Democrat reporter he told Coroner Bevan the following story. - "Charlie Waller has been the watchman on the head boat of the Brown's Valley Irrigation Ditch Company's Flume for two years. He and I have been close friends. I have been out prospecting and have not seen him recently. On my return yesterday near the Ben Ream place I was surprised to hear of his death. A half-breed Indian asked me if I had heard of Charlie Waller's death. He said the body had been found on Friday or Saturday in the cellar of his cabin considerably bruised and swollen to some extent." - "Chinamen who are mining on the river have been keeping their stock of rice in Waller's cellar and on visiting the place on Friday to secure more rice, they found the body in the cellar. They first supposed him to be asleep but on trying to arouse him they found he was dead. I do not know whether or not an inquest has been held." - Strange to relate Coroner Bevan has not been informed of the case, and the young man's story is the first intimation he had of the discovery. - The Justice of the Peace in each township, distant from the Coroner, is supposed to attend to these cases and report to the superior officer. - Coroner Bevan is anxious to secure the facts in the case and if he finds that the body has been interred, without an inquest being held, he will investigate. - Charles Waller was 56 years of age, and a native of Alabama. He lived in a cabin about six miles from Dobbins' Ranch.
Marysville Evening Democrat - 7/5/1893, p1
HE WAS MURDERED - Our Correspondent Gives Particulars of the Finding of Charles Waller's Body - The Coroner's Inquest
A special correspondent of the Democrat sends the following particulars of the finding of the body of Charles Waller and the result of the Deputy Coroner's investigation, which proves the affair to be a brutal murder and robbery: - On Saturday evening, July 1st, Deputy Coroner, Gwen Owens, of Foster's township, was notified that the dead body of Charles Waller had been discovered under his cabin. Mr. Owens summoned the following jury for the purpose of holding an inquest: Joseph Merriam, William Slingsby, Rody Labadie, Wm. Owens, Tom Labadie and Charles Koch. - The Coroner and jury repaired to the cabin occupied by Mr. Waller, and found that the dead man had been dragged under the cabin feet foremost. On examining the body it was found that the unfortunate man had been shot through the body, the ball entering the left breast four inches above the nipple, passed entirely through the body and made its exit below the shoulder blade on the right side. His hat was missing and could not be found. The jury rendered the following verdict: - "Inquest held on the body of Charles Waller, who was found dead under his cabin at Rolley's Point, near the Yuba river, in Yuba county. - "We the undersigned jurors, find that his name was Charles Waller, a native of Alabama, height, 5 feet 10 inches, light complexion, age about 55 years; that he came to his death from a gunshot wound by some person unknown to the jury; that he was killed for the purpose of robbery, and we suppose he was shot on the 27th or 28th of June, 1893." - The above verdict was signed by all jurors. - From what could be learned of the deceased's former life, he was an old rebel soldier, had fought through the late war and came out without a scratch. He had no relatives in this State as far as known and for the past two years had been living in this neighborhood, during the most of which time he had been in the employ of Directors of the Brown's Valley Irrigation District and at the time of his murder he had charge of the dam and upper portion of the flume. - The two cabins which Mr. Waller occupied belong to the Irrigation District and were built in close proximity to each other on a steep hillside at a place known as Rolley's Point, and just above the flume; in fact there was a platform extending from the door of one of the cabins to the top of the flume. The dead man was accustomed to cook and eat in one of the cabins and sleep in the other. - Being erected on the steep hillside, the lower side of the cabins were three or four feet from the ground and there were steps leading from the door to the ground. - The opinion of the Coroner and jurymen is that Mr. Waller was on the lower steps leading to the cabin in which he slept when the fatal shot was fired. The body was then dragged feet foremost under the cabin and the pantaloons and drawers pulled down below the hips-the murderer evidently expecting to find a belt containing his money and valuables about his waist, as it has been said that Mr. Waller had been in the habit of carrying his money in that manner. But such was not the case and no doubt this false report cost Mr. Waller his life. - Messrs. Slingsby & Gettins, who knew much about his money affairs, say they do not believe the man had a cent about his person or in his cabin at the time of his murder. Last winter he had a certificate of deposit for $500 which he left in care of Slingsby & Gettins, but a few months ago he purchased ten acres in the Juch tract for which he paid the same $500. - Mr. Waller was a good citizen, honest and upright in his dealings and a trustworthy man, liked and respected by all who knew him. - The people in this vicinity are considerably excited over this cold-blooded murder and robbery and should a repetition occur God help the parties on whom suspicion falls as there surely will be a hanging without the formality of a Judge or jury. - It seems to be the universal opinion here that the perpetrator of this last horrible deed is the same party who murdered and robbed a Chinaman a few months ago near Dobbins Ranch. - Deputy Sheriff E. C. Erwin, of this township, has just returned from the cabins where the murder was committed. He reports finding the hat which had been thrown under the platform leading to the flume. He says there is no evidence of a struggle between the murdered man and his assailant and he is of the opinion that Waller died in a very short time after receiving the bullet. Although the officer made a thorough search of the premises he was unable to find any clew as to who the murderer was, and it is supposed to be three or four days since the deed was committed. - Dobbins Ranch, July 2, 1893.
FURTHER PARTICULARS Of the Murder of Charles Waller at Dobbins Ranch
Coroner Bevan returned from Dobbins Ranch last evening and to a Democrat reporter stated that there was but little to add to the particulars of the Waller murder, further than appears in the communication in this issue from Dobbins Ranch. - Mr. Bevan visited the scene of the murder, exhumed the body and located the wound, etc. From what he could ascertain Waller was last seen alive on the 26th of June by a young man who is in the employ of Slingsby & Gettins. But the fact that he changed his signal at the post at the lower end of his beat on the flume Thursday evening after 5 o'clock, establishes the fact that the murder was committed after that time, but it could not have been very long subsequent to that time as the body was badly decomposed when found. - It is also quite certain that the murder was committed during the daylight, as the murdered man's dog was found tied up and it is known that he always kept the dog tied up during the day and turned him loose during the night. - Mr. Bevan states that according to the records in his office this is the ninth murder that has been committed in the vicinity of Dobbins Ranch and no particular efforts have been made to arrest the murderers. According to the records the names of the murdered men are as follows: Gifford, in 1851; Dutch John, in 1852; Nic. Broyles, in 1882; John Schkelengay, in 1856; Chinaman, in 1870; Chinaman, in 1892; One-Armed John, in 1878; Chas. Waller, in 1893.
Marysville Daily Democrat - 7/7/1893, p1
THEY HAVE SEVERAL CLEWS - Inlow and McDaniel Return From Dobbins Ranch - The Rewards
Sheriff Inlow and District Attorney McDaniel returned from Dobbins Ranch last night, having thoroughly investigated the causes that might have lead up to the murder of the aged flume-man, Charles Waller. They found the people of the section immediately surrounding the scene of the murder, greatly excited over the cowardly crime. It is very evident that robbery was the only incentive for the deed. - The report that Waller at all times carried two or three hundred dollars in a belt about his person cost the old man his life. - Dan Gettins and several old citizens openly state they now travel in daily fear of being shot down in a manner similar to the Chinaman of last year and Waller of last week. Collections have to be made in the course of business and unless the country thereabouts is rid of these cowardly assassins a man's life will never be his own. - The citizens about Dobbins Ranch have made up a purse of $50 as a reward for the detection of the murderer; the residents about Brown's Valley have collected $150 for the same purpose and Sheriff Inlow offers $50 from his private income for arrest and conviction of the criminal. The Board of Supervisors offered $250 reward on Wednesday and Governor Markham will, without a doubt, offer $300 on his return to the Capitol. - This makes in all $800 and with several clews that Inlow and McDaniel have in their possession, some arrests should follow. - The people about Dobbins' Ranch are determined to call a halt on the wholesale murders that have been perpetrated in their section in the last seven or eight years.
Marysville Daily Democrat - Tues, 5/22/1894, p1
WHO MURDERED WALLER? Frank Labadie, The Man Accused of The Crime by His Brother-in-law, on The Rack - Some Positive Testimony
The preliminary examination of Frank S. Labadie, the man who is accused by his own brother-in-law of being the perpetrator of the foul murder of Charles Waller at his cabin on or about the 29th of last June, was commenced before Justice Samuel Garber in the old courtroom at the Court-house at 9 o'clock this morning. The limited space was early packed by curious ones eager to hear the testimony and the sharp cross-examination which they expected would be a feature of the proceedings. - District Attorney McDaniel and E. A. Forbes appeared for the People and W. H. Carlin was present to look to the prisoner's interests. - Labadie appeared in custody of Under Sheriff Crane and was not as cool as the proverbial cucumber. He was more than slightly nervous. He was accompanied by his wife and two sisters-in-law, Richard's sisters. - District Attorney McDaniel announced that Mr. Slingsby, of Dobbin's Ranch, by whom he wished to prove the death of Waller had not arrived. - Attorney Carlin asked that a bench warrant for Bill Tom, Fannie Tom and Bill Gorbett be issued, they not being present. - Isaac Richards, the accusing brother-in-law, was the first witness called by the prosecution. He testified that his name is Isaac Richards and resided at Browns Valley for 21 years. Knows defendant Labadie. Know where Waller's cabin is in this county, been there two different times. Was there on the 29th of last June. Saw Frank Labadie there. Saw trouble there. Labadie and I left his place that morning together. We went hunting through the hills for hogs. We crossed behind Martin Ruth's place and separated many times on our walk. On nearing the Waller cabin Labadie said to me, "You go up and around the hill and if I scare up any game you will get a shot at it." - "I went around the hill and soon grew tired and sat down on a rock to rest. Pretty soon I heard the report of a gun and on looking about and toward the cabin I saw a man fall and saw another man with a smoking gun in his hand at the top of the steps of the cabin. The man on the steps rushed down the steps; (I could hear the patter of his feet as he descended.) That man was Frank Labadie, the defendant in this case. He stooped over when he reached the ground and I could see him no more. I ran away as I feared Labadie would also shoot me. Waller fell back toward me. Labadie's gun was a Springfield army rifle. I think it was 50-calibre. I have been to the Waller cabin once since that time-last Friday. Am not positive as to the distance I was away from Waller's cabin when the shot was fired. I think it was about 68 feet. It has been measured since the time of the murder. When Labadie came home he asked me if I heard him shoot. I told him I did and saw the smoke of his gun and what he did. He then said to me: 'If you ever breathe a word of this, or mention it to anyone, you are my meat.' The next morning in the garden he came to me and repeated the same threat." - On cross-examination Richards repeated that he had been seared ever since witnessing the murder. He denied ever seeing spooks or ghosts. The picture of the deed he witnessed on June 29th last had often came back to him. It came back easily to him. When asked why he did not come down to Marysville when the two Indians were on trial he replied that he was afraid of Labadie. He came when Labidie [sic] was locked up. Witness admitted that Lon Colton and Tom Callaghan got him drunk but denied that they threatened to hang him if he did not tell the story of Waller's murder. Witness denied that he was crazy; he might be. he would let the court judge of that. He was never crazy when he worked for Johnie Woodward herding sheep. Could not tell the exact calibre of Labadie's gun. He simply judged by his knowledge of other guns. Did not shoot Waller. I do not know that Waller was killed by a small bore gun. I was so frightened that I do no recollect the day or date of the murder which I witnessed. I wore police shoes when we left Labadie's cabin and Labadie wore heavy shoes. Labadie did not mention Waller's name on the trip. We did not walk the flume that day. We would walk two or three hundred yards together and then separate. I kept the left hand side of the ridge as we neared the cabin. Did not go down to Waller's cabin on a trail, did not notice a trail there. Did not know there was such a man as Charles Waller in the country before the murder. - Often visited the Slingsby & Gettins store at Dobbins. Did not hear of flume-tenders while in that section. Never visited the flume to closely view it. Did not ever hear of a man named Waller carrying a belt with $400 on his person. Have heard of it since the murder. Do not know if Frank Labadie knew it. - At this point Carlin cross-examined witness with regard to the scenery and general surroundings of Waller's cabin. Witness testified that he reached home at sundown on the day of the murder. When the murdered man fell his right arm was thrown up. Could not describe the murdered man's clothing accurately. The victim had a black hat on, and I think a gray coat and blue overalls. Did not attend the inquest over Waller's body. Did not know it was being held and I stayed at Labadie's house. Heard the inquest talked about at Dobbins Ranch store afterward and walked away after listening to some of the talk. - I was standing at a point directly in front of the cabin steps when the murder was committed. Labadie could have seen me if he had looked up. Was about 70 feet away. I could see his face plainly and he looked directly at his victim after the shot. Labadie fired but one shot and I can point out the spot where the bullet might have lodged. No one saw me on the way to the cabin from house, except Labadie; nor on the return to Labadie's house did any one see me that I know of. - Was home twenty minutes before Labadie. When I saw Labadie on the side hill it occurred to me that he might draw a bead on me. Slept at Labadie's house that night. Did not sleep well that night nor for several afterward. Did not eat supper with Labadie that night. Left my gun where it was handy. Did not tell my sister anything. Did not wish to tell her anything and that is the reason I went into the garden. She was alone when I got home. Labadie was carrying his gun when I saw him coming home. He did not carry boots, sugar or meal. He came into the garden and asked me if I heard him shoot. I told him yes and that I saw the smoke of his gun. He then said to me "If you mention this, or breathe or murmur it, you're mine." Worked for nine or ten days for Labadie after this. He did not pay me but gave me a sow and nine pigs for my labor. He and I never discussed the Coroner's inquest, the missing provisions or the belt since the murder. Frank Labadie was down to my place several times since the murder but he never said a word about the crime to me. I did not give him a show. I always kept in company of some one else. Did not even ask him if he got money off the dead man. - Told Lon Colton the story last fall while I was drunk. Lon Colton, Tom Callaghan and I will not receive any of the reward offered for Waller's murderer-that is I do not want any. I simply want to get this off my mind. Was arrested for this crime and when I told all I knew about it was released. We have not been hounding him nor trying to have his wife leave him. All our family are on speaking terms with Labadie save one. Never saw anything about Labadie's house that I thought came from Waller's cabin. Colton and Callaghan never threatened to prosecute me if I did not tell the story. I have told the truth and nothing but the truth. - At this junction the noon recess was declared. Attorney Carlin requested that the witness, Richards, be placed under arrest during the noon hour. - Judge Garber said that that would be an unusual proceeding and refused to make the order. - Richards As A Witness - Richards proved a splendid witness. In the early part of the examination Attorney Carlin tried his mesmeric influence on him without effect. The attorney was a dire failure as a hypnotist. His stare and Richard-the-third posture did not make the slightest impression on the uncouth witness. His prophesy that he "would knock Isaac Richards' testimony into smithereens" has not come to pass, and Richards has convinced everyone who heard his testimony to day that the reports of his being weak-minded is without foundation. - Mr. Carlin's conduct was at times anything but professional. Several sarcastic and insinuating remarks which he made were stricken from the records at the request of the attorneys for the prosecution. - Only one witness was allowed in the room at one time. - This Afternoon's Proceedings - Richard's cross-examination was continued this afternoon. - He testified that he got a gun from Aleck Labadie two or three days prior to going on the hog hunt. Returned it to Aleck about the Fourth of July. Shot squirrels with the gun; also shot some with Frank Labadie's gun. Aleck Labadie furnished me a bullet mould with his gun; I bought lead at Dobbin's Ranch and made bullets with it. Saw different things in my sleep after the murder. Do not believe in ghosts. I never saw anything in my sleep only what I saw on the day of the murder. The thought of it is before me all the time. In fever I have seen many things. I wanted to tell my sister of the murder but I was afraid to. Don't remember ever telling Tom Callaghan of the murder. I might have told him when on a "jam." - Last Friday for the first time I learned that there are six bunks in Waller's cabin; also small warming stove. Told Manuel Binninger in the presence of his family that I believed a white man in the vicinity of Dobbins committed the murder. Do not remember telling George Smithurst that I believed a certain young man, suspected of murdering a Chinaman, guilty of Waller's murder. - Wm. Slingsby was the second witness called. He testified to knowing Charles Waller during his lifetime. Learned of his death on the morning of the first of last July. Saw his body decomposed and half bared on that day. The Coroner's inquest decided that Waller came to his death from a gunshot wound. The bullet entered at a point higher on the body than the point of exit. - A board at the foot of the steps contained a great amount of blood. Could not judge of the size of the bullet. The wound was not much larger than a common lead pencil's diameter. Waller's boots have never been found. - The prosecution then announced that they rested. - T. D. O'Neil, the newest member of the bar, here arose to move that the defendant be discharged from custody. He reviewed the evidence and it must be said to his credit, his maiden effort in Court was one to be proud of. - The attorneys for the prosecution announced that they would not reply to an argument made outside of the record and Judge Garber overruled O'Neil's motion. - The defense then called Alonzo Colton as their first witness and were busily engaged in trying to impeach him at the hour of going to press.
Marysville Daily Democrat - Wed, 5/23/1894, p1
LABADIE MUST ANSWER - He is Held Without Bonds and an Information Charging Him With the Murder of Charles Waller - Will Be Filed Against Him
Frank S. Labadie must appear before the Superior Court of this county to answer to the awful charge of murder. - Judge Garber, sitting as a committing magistrate, so ordered last evening after listening to the preliminary evidence introduced and to the arguments of attorneys on both sides. He refused to give the prisoner his liberty on bonds and Labadie must linger in the county jail until the time for his trial, which will very likely take place at the conclusion of the Hugh Buchanan trial in July. - The Democrat's report of the examination closed last evening with Alonzo Colton on the stand for the defense. Attorney Carlin called this witness to have him admit that he forced Richards, by threatening hanging and violence, to tell the story against Labadie. In this he failed as he did with the witness that followed, Thomas Callaghan. Lee Gorbert when called to the stand told of a conversation he had with Mendal Potts concerning a $400 belt which Waller wore. Potts suggested "that they rob him." - The argument of counsel occupied about an hour's time and grew quite warm at intervals.
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