Tremendous excitement at Downieville - The Steamer Pacific Star, San Francisco, July 15, 1851

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I've been looking for original reporting of the hanging of Josefa (AKA Juanita) in Downieville, CA in 1851, so that I can separate fact from fiction and, as much as I can, understand what actually happened. In reading the original reporting and later recounts in newspaper archives, an article published in the San Francisco Steamer Pacific Star kept coming up. The Steamer Pacific Star was a very short-lived newspaper. It appears to have been launched in June 1851, one month before: 

THE PACIFIC STAR is the title of a new Democratic paper published in San Francisco, by Messrs. Sutherland, Rust & White, the first number of which was issued on Wednesday last. lts appearance is neat. The editor gives us a specimen of his style by indulging in a pert and coarse remark about Col. Kewen, and wishes all to "remember that a full turn out in California is a Democratic victory." 

Marysville Daily Herald, Volume I, Number 111, 28 June 1851

It ended just as quickly, around September 2, 1851. (confirmed in October, and November) 

In 1851, California was two years into the Gold Rush, three years into statehood, its population was booming and the gold country was exerting its political influence. On Friday, the 4th of July, 1851, an unnamed journalist for the Steamer Pacific Star arrived with two companions in Downieville, there to cover a political convention of the Loco Foco wing of the Democratic party, and gold mining in the region, but because of the killing of "a man named Cannon" he was pressed into the role of court reporter, and his summary of the event was then printed in the Steamer Pacific Star ten days later, in three columns on the front page. I've found many references to this article, which I'll list at the bottom of this blog post, but the original text was not digitally available on the internet. It's significant, because it is the only other, first-hand reporting of the event besides two short articles from the Marysville Daily Herald. The story has been told and retold many times, around the world, but the original accounting has been unavailable to most people. I had not found the Marysville Daily Herald articles on the internet, before I transcribed them and put them on my blog.

I found a record of the Steamer Pacific Star's archive at the California State Library, on the Library of Congress' site. In fact, the library has exactly one issue in their archive, the very one I was looking for, from July 15, 1851, with this story on the front page. Perhaps Josefa's story is that significant. Maybe it was preserved because of her story. I contacted the California State Library and expressed my interest in getting a scan, or digitized copy, and to my surprise I got a reply that, because the original had been encased in Mylar, it could not be scanned. Instead the librarian shared many phone camera images of the front page with me. I was able to edit and assemble them into a single image, representing the page as best I could in a readable format, and I've transcribed the copy below. I was granted permission to share it. 

One of the publications which referenced this newspaper article was The Medicine of Memory: A Mexica Clan in California by Alejandro Murguía, formerly the poet laureate of San Francisco. I recommend reading it. He writes about the racism inherent in the event and its coverage, about how the victim's name is fully documented - first, middle and last names - as well as the names of the judge and jury, but that Josefa's and Jose's last names were intentionally not recorded, as if they were less than human. I've been thinking about that. Am I perpetuating racist thought by sharing these? The same article is also referenced in Unspeakable Violence: Remapping U.S. and Mexican National Imaginaries, By Nicole M. Guidotti-Hernández.

I am a white man, born in the middle of the last century. I came to this story while visiting Downieville, CA, one of my favorite places in the world. I owe my specific curiosity about it to Feather Ortiz, owner of La Cocina de Oro Taqueria on Main Street in Downieville. She and I were talking about a new plaque outside of her restaurant, memorializing Josefa Segovia, as modern researchers have identified her. I offered to share with Feather what I could find. This is why I'm sharing this transcription.

I do think this article provides a clearer picture of what happened, and presents a more coherent and fair depiction of Josefa and her actions, accounting for the biases of the reporter and the hasty and extra-legal court "without the due formalities of law." I'll try to put all the different pieces of the story together, including later witness and second-hand testimony in a future blog post. I'll also address Josefa's last name.

Here is that article, for the first time on the internet:

"Tremendous Excitement at Downieville? a Man Murdered by a Woman? The Murderess Hung by the Populace? Proceedings in the Court of Judge Lynch." Steamer Pacific Star, 1851 July 15. Newspaper.
Courtesy of the California History Room, California State Library, Sacramento, California.
Also available here 


Editorial Correspondence.

Tremendous excitement at Downieville - a man murdered by a woman - the murderess hung by the populace - proceedings in the Court of Judge Lynch.

On my arrival at this place, I determined to furnish you a full and complete description of my journey, the scenery, and the way they dig gold in Downieville, but circumstances of greater moment have induced me to defer until another day, a history of this interesting journey.

On the evening of the 4th, we - that is, Mr. E----, Mr. T----, and myself, arrived here, somewhat dilapidated ‘tis true, from the effects of our journey, but the sight of the stars and stripes and a multitude of people each fired with patriotism in commemorating the anniversary of our nation’s birth, soon gave us new energy, and caused us to forget the fatigues and hair-breadth ‘scapes of the day, and to join, as heartily as the best Downievillian of them all, in re-baptizing, by IMMERSION, the memory of our glorious ancestors, and bringing fresh before us their wonderful achievements. Thus sped the night, nor did we cease our patriotic labors until the small hours of the morning of the 5th admonished us that the glorious 4th was numbered among the things that were.

On rising in the morning at about seven o’clock, I was startled by a mad cry from the populace from without, and on enquiring the cause, learned that a murder had been committed by a Mexican woman upon the body of one of the miners, by stabbing him to the heart. On descending to the street I found that the entire town was in commotion, and that Judge Lynch was about to ascend the judgement seat. The murderess, together with her paramour - such was her character - was speedily secured and placed in the custody of two or three stalwart men, and steps promptly taken to convene a court of the people.

At about 9 o’clock the court was organized as follows:

John Rose, Esq., of Rose’s Ranch, judge; and E. Hyde, L. Williams, A. S. McMillan, F. A. McCamly, G. Underhill, E. Blecker, A. L. Brown, A. R. Burr, C. F. Mattison, E. D. Ferrin, W. B. Reed and Albert Woodruff, jurors.

The judge and jury above named were selected by a committee appointed by the populace, and Wm. S. Spear, Esq. undertook the prosecution for the people. On the prisoners being brought to the stand, the question was put, shall the prisoners be allowed counsel, which was decided in the affirmative, and Messrs. Picket (formerly from our city) and Brocklebank were appointed.

At this stage of the proceedings, I was invited to take a seat upon the stand for the purpose of hearing and reporting the testimony.

The name of the murdered man, I learned, was Frederick Alexander Augustus Cannon; the names of the prisoners, Jose and Josefa.

The man Jose was a quiet, inoffensive sort of man, if his appearance was a good indication of his character; the woman, Josefa, was rather low of stature, stout built, with raven tresses, black eyes, teeth regular and of pearly whiteness. She might well be called pretty, so far as the style of swarthy Mexican beauty is considered. She seemed perfectly calm and collected, was dressed with considerable attention to taste, had her hair flowing freely over her neck and shoulders, and, in short, presented more the appearance of one who would confer kindness than one who thirsted for blood; but the propensity of her race was truthfully developed not only by the entire testimony, but by her own statement and that of her paramour.

A gentleman by the name of Thayer, a lawyer, late from our city, appeared upon the stage, and protested against the trial progressing, when he was assured, positively, by the parties having the prisoners in charge, that they would not only be tried but dealt with in accordance with the finding of the jury, and he was further advised that if he consulted his safety, he would retire. This he did at the time, but more of him anon.

The case was now opened by Mr. Spear, who in a brief address to the jury, informed them that they were called upon to hear the testimony in a case which involved life and death, and that too without the due formalities of law, but it was deemed by the people that the exigencies of the case formed an ample excuse for taking the matter into their own hands.

The jury now proceeded to hear the testimony, but as it is somewhat verbose we will omit it in our letter of tomorrow.

Editorial Correspondence.

Proceedings in the Court of Judge Lynch at Downieville - continued.

At the commencement of the trial, the crowd, so far as I was able to judge, numbered about six hundred, but I might as well here remark that the numbers rapidly increased, so that at the close of the tragedy there could not have been less than two thousand souls on the ground. Previous to the organization of the tribunal, there was considerable impatience manifested, and cries of “hang them!” “give them a fair trial and hang them!” were frequently heard. The excitement, however, subsided to a great extent, when it was known that the examination was commenced.

TESTIMONY.

After the members of the jury had severally declared that they had no personal bias that would prevent their rendering an impartial verdict, a lad, apparently of age, called Frank, was called to the stand, and after an examination by the Judge, that all he stated should be the truth, the same as though he were a sworn witness before a Court - the same statement was made to each witness - stated substantially as follow:

“I saw the wound inflicted. Deceased was standing in front of the door of the man Jose. Some conversation was had in the Spanish language between deceased and the prisoner Josefa, which I did not understand; saw her step to the side table, take from it a knife, approach deceased, who was standing at the door and plunge it into his breast. The deceased did not seem angry, but rather the reverse; the prisoner seemed very angry and determined.”

Dr. Hunter was next called. “I live next door to the prisoner. Deceased came to my office about seven o’clock in the morning and asked for medicine. While there the Spaniard Jose came in and charged deceased with having broken down his door, and said he should hold him responsible for the damage. Deceased left his office in company with Jose, and on going out was met by the woman Josefa, who appeared very much excited. After a few angry words on the part of the woman, with naught but pleasant rejoinders from deceased, the woman returned into the house. A few moments after, deceased was brought into my office mortally wounded. I knew deceased well, he was a remarkably athletic, but peaceable man. He frequently came to my office.”

Mr. Lawson was next called. “I was in company with Mr. Cannon, the deceased, when the affray occurred. Jose charged Cannon with having broken down his door, which Cannon denied. Jose put his hand to his bosom as if to draw a weapon, when I entered and told him not to draw, as I would knock his head off. At this juncture the woman Josefa came out in great apparent anger, and spoke to deceased in the Spanish language. She evinced a great deal of temper and determination. Deceased on the contrary, was in a perfect good humor, and seemed striving every way in his power to conciliate her. They both spoke in Spanish, so that I did not fully understand them. After a brief conversation, the prisoner returned to the house, and deceased approached the door, at the same time speaking, apparently, in the kindest manner. At the moment he approached the door, the prisoner met him and stabbed him in the breast. Upon receiving the wound, deceased staggered and fell back in my arms exclaiming, “see how the woman has cut me.” I immediately conveyed him to Dr. Hunter’s office, assisted by another man (name not known,) where in a few moments he expired. I saw the blow struck; the woman Josefa struck the blow. I did not see the knife; it was all the work of an instant.

Chas. Getzler was next called - “Deceased had a difference with a companion some four months before, they met on the previous evening, when Cannan remarked, This is the Fourth of July, had we not better drink and be friends? The other party agreeing, champagne was called in and they drank and sang songs until morning, when they took a turn round town, stopping at different places and drinking. While opposite the door of the Spaniard Jose, deceased fell against the door and it gave way, and he fell into the room, the door being very frail. While there, he picked up a cloth and on coming out put it round his neck, saying, See what I have got! I told him to put it back, which he did. There were no hard words used. After the door had been broken in, I discovered that there was a woman in the house, and called out to the boys to come away, which they immediately did, replacing the door, which had been carried across the street.”

Joe, a lad of fifteen or sixteen, employed in a restaurant nearly opposite, “heard a noise, and on going to the door, saw the woman, Josefa, retiring into the house, at which time she said to deceased, Come on, come on, bueno! Deceased approached the house as far as the door, when the woman came up to him and struck him. Did not see a knife. At the time the blow was inflicted, Jose was standing in another portion of the room with his back towards the woman. The prisoner, Josefa, is the woman who struck the blow.”

Mr. McDonald, a citizen was sent to examine the door, and reported that it was very frail, and that he could find no fastenings. [I believe this is William McDonald. - MF]

Mr. Knowles, - Deceased was my partner; we had come down to the Forks for provisions; was looking for him in the morning; when I found him talking with the Spaniard Jose, who appeared to be angry; deceased seemed in a perfect humor; Jose put his hand to his bosom as if to draw a weapon, when Mr. Lawson said to him, if you draw a weapon I will knock your d-----d head off; deceased seemed desirous of making up the difficulty; the two prisoners now present retired into the house together, when deceased walked up to the door; a moment after he saw a blow struck; saw the hand that inflicted the blow, but not the body of the person; the women sic on going into the house looked very angry and determined; on receiving the blow deceased turned round and exclaimed “see, she has stabbed me!” The prisoner, Josefa, is the woman.”[It's possible Knowles is Frank M. Knowles. - MF]

Richard H. Martin - My room was adjoining that of the Spaniard’s. After the company left in the morning, overheard the two prisoners in conversation. The conversation was in the Spanish language, but I understood some portions of it.

Here the witness explained what the conversation was, which it is unnecessary to repeat, as it was obscene. He knew the meaning of the language used, he said, from having been informed by the prisoner Josefa. On this explanation, in broad language, the prisoner seemed highly delighted and laughed heartily.

Here the testimony for the people closed, when Mr. Picket, for the defence, asked that the prisoners be permitted to make their statement, which was granted.

JOSE’S STATEMENT

Deceased, in company with several others, broke down the door to my room. On meeting deceased in the morning, and asking him for payment, he used insulting language, called me a liar and a s– of a b—. He then drew back his fist as if to strike me, when I stated to him that I did not wish to fight; he was a large and I a small man. At this time the woman, Josefa, came forward and told him to strike her. She also was insulted. He called her his dear, and after that a w----r. She went into the house at my solicitation. When in, she took a knife from the table, and as the deceased was about to enter, still calling her bad names, both in English and Spanish, she stabbed him. Only one hinge of the door was broken, the top one had been previously broken. The door was fastened with two staples, one of which was pulled out when the door was forcibly entered.

JOSEFA’S STATEMENT

The only difference in the statements of the two prisoners was the following:

“I took the knife to defend myself; I had been told that some of the boys wanted to get into my room and sleep with me; a Mexican boy told me so and it frightened me so that I used to fasten the door and take a knife with me to bed; I told deceased that was no place to call me bad names, come in and call me so, and as he was coming in I stabbed him.”

After some conversation as to the previous character of the prisoners it was decided to adjourn until 1-2 past one o’clock P. M., in order that the defense might have an opportunity to procure testimony.

At half past one o’clock the gong sounded, when the crowd which by this time, had reached some two thousand, assembled as if by magic.

Mr. McMurray - “I saw the deceased standing at the door of prisoners house, saw him turn round sluck; sic did not see the knife or the hand that struck the blow; I heard the deceased use a bad word in Spanish, do not know to whom it was addressed.”

Dr. Aikin called - “Believed the prisoner to be enciente, thought she was three months gone.”

Here a consultatioe sic was called for, and Drs. Chamberlin, Hunter and Hardy of Marysville, with Dr. Aikin, proceeded to a private room with the prisoner for the purpose of an examination.

At this period, the crowd which had before been orderly, became perfectly infuriated, and cries of bring her out! hang her! resounded from every portion of the dense throng. Epithets not very complimentary to Dr. Aiken were freely indulged in, and by many it was considered extremely doubtful whether his person would be safe. The crowd rushed to the stand, and were about, as was supposed, to commit violence, when it was rumored that the committee of doctors had failed to agree, or at least those last called in did not agree with Dr. Aiken, whereupon the jury retired, and after a brief absence, returned with the following verdict:

“The jury finds that the woman, Josefa, is guilty of the murder of ------- Cannan, and that she suffer death in two hours.

Amos L. Brown

Foreman

The man, Jose, is found not guilty, but the jury earnestly request that Judge Rose advise him to leave the town within twenty-four hours.

Amos L. Brown, Foreman.”

After hearing the verdict of the jury, the prisoner, Josefa, was taken into close custody by persons specially selected to guard her, and any friends she desired were permitted to visit her. The crowd then dispersed to await the final scene, arrangements for which were promptly made. The gallows was erected on a bridge which crosses the river at the lower end of town, and there, at the appointed time, the populace again assembled.

THE EXECUTION.

At the time appointed for the execution, the prisoner was taken to the gallows, which she approached without the least trepidation. She said, while standing by the gallows, so I was informed, that she had killed the man Cannan, and expected to suffer for it; that the only request she had to make was, that after she had suffered, that her body should be given to her friends, in order that she might be decently interred. This request was promptly complied with; when she extended her hand to each of the bystanders immediately around her, and bidding each an Adios, Seignor, voluntarily ascended the scaffold, took the rope and adjusted it around her neck with her own hand, releasing her luxuriant hair from beneath it so that it should flow free. - Her arms were then pinioned, to which she strongly objected, her clothes tied down, the cap adjusted over her face, and in a moment more the cords which supported the scaffolding had been cut, and she hung suspended between the heavens and the earth.

It will readily be believed that many a stout heart throbbed painfully, and many an eye unused to the melting mood moistened, when this young girl so heroically met her fate, and for my part I sincerely trust that I may never witness another similar scene. 

References to this article, in chronological order:

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