The trial, and in particular the execution, of Antonio Garra was the final act in the Indian Uprising of 1851. Having its immediate cause in dispute over the assessment of taxes, the origins of the Indian Uprising of 1851 go much deeper. The Indian Uprising was the native reaction to their way of life changing beyond their control. The natives of the San Diego region saw open revolt as their last chance to halt, in their way of thinking, an intolerable situation forced upon them by newcomers and outsiders.
On the night of November 27, Warner's ranch was attacked and destroyed. Wild reports and rumors that Indians were about to wipe out the whites in angry rebellion were spread. Many, including friendly Indians, fled to the safety of San Diego. Other groups engaged the Indian aggressors. Battles were fought. Men on both sides died. And the Indians were pushed back, while San Diego prepared for assault.
Taken from the pages of The San Diego Herald, late 1850 through early 1851, these accounts describe the events of the Uprising as well as the executions of its members ending with the execution of Antonio Garra, presumed leader of the uprising. I wrote this piece not to discus any new discoveries or revelations. I strongly believe that these primary sources need to be revisited and presented again. So outside of providing basic context, these words will speak for themselves.
As a side note, I wanted to focus on the actual reports, whatever bias the author may have held. Also, I did not include any editorial commentary. Additionally, there were other articles and reports from these issues that I wanted to include in this post; however the microfiche copy of the Herald that I drew from contained many blurred images.
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From The San Diego Herald, November 27, 1851
LETTER OF ANTONIO GARRA, THE INDIAN CHIEFTAIN.
Mr. Jose Antonio Estudillo–
I salute you. Some time past, I told you what I thought, and now the blow has been struck. If I have life I will go and help [...] because all the Indians are invited in all parts. Perhaps the San Bernardinos are now rising and have a man named Juan Beres, tells me that the white people waited for me. For that reason I gave them my word, and be all ready by Tuesday to leave this for the Pueblo. You will arrange with the white people and Indians, and send me your word. Nothing more.
Signed ANTONIO GARRA
The above is a literal translation of a letter directed to Don Juan Antonio Estudillo.
William P. Toler,
Geo. M. Davis.
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THE FORTIFIED CITY.
The inhabitants of old San Diego, in Mass Meeting assembled, have proclaimed Martial Law, and their town now presents the appearance of a fortified camp. Sentinels on duty at every approach to the city, are "pacing their lonely round," –no Indian being permitted to pass without giving a good account of himself. Society is in that condition described by a militia Lieutenant during the Dorr War in Rhode Island. Arraigned for contempt, before his Honor the Mayor of Providence, he defined Martial Law to be that state being wherein every Captain was a Sheriff, and every private a Constable. The Mayor of San Diego, recognizing the people as the exponent and origin of all law, quietly acquiesces in what has been done by his constituents, and has patriotically enrolled himself as a member of the Volunteer company on duty in our city.
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MURDERED.
A rumor has reached us to the effect that some four of our citizens, who left here a short time since, for the Warm Springs in the neighborhood of Warner's rancho, have been brutally murdered by the Indians. We are more and more satisfied, every day of our lives, that there is a concert of action on the part of the Indians residing between Los Angeles and the Colorado, and a determination to exterminate all white residents. Some circumstances have occurred to induce many to believe that a portion of the native Californians are leagued with the Indians. Now that martial law has been declared in our city, we would counsel our inhabitants not to be too precipitate–pause and reflect, before proceeding to execute vengeance upon a people who, speaking a language different from our own, are not enabled to fully explain their position in the present unhappy state of affairs. Davy Crockett's advice is good under all circumstances: "Be sure you're right, before going ahead."
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ALARM OF THE MISSION INDIANS.
A gentleman direct from San Louis Rey, informs s that the Indian residents of Temacala, a village situated at the base of the mountains, twenty-five miles east of the Mission of San Louis, and on the emigrant road leading from Warner's to Los Angeles, are moving their families and stock to this city; their chief, Pablo, having declined to join Antonio in his foray against the whites. Pablo is an educated Indian, the owner of a fine rancho, and large herds of cattle. He may be expected here this evening. The entire country is alarmed, and without prompt assistance from the North, our situation in a short time may become critical. –The Government depot in this city, containing an immense amount of public property, is entirely unprepared, and of course liable to be destroyed at any moment. We are aware that Gen'l Hitchcock's hands are in a measure tied for the want of troops, but we trust to his well known energy and skill to relieve us in some way from the danger that now threatens us.
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Deputy Sheriff Ryuer, who was dispatched express, a few days since, to the Mission of San Isabel, to collect information touching the movements of the Indians, retuned to town yesterday, and reports Antonio as having established his head quarters at "Agua Calliente," at the head of a strong force. Major Fitzgerald's company of volunteers will leave today for the seat of war, and we doubt not that, should he succeed in bringing on an engagement, that he will be able to give good account of himself.
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ALARMED.
The people resident on ranches south and east of this city, becoming alarmed at the hostile feelings exhibited by the Indians, are flocking to our town for protection. Whilst we regret the necessity that has compelled them to abandon much of their property, we cannot but congratulate ourselves on the addition to our society of so many fair Californian, whose beauty and native accomplishments have long been the theme of praise in our midst.
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The first newspaper featured, the Herald's November 27, 1851 issue, is presented above. Rumors of uprisings and rebellions, fear of murder and actual murder, and how Old San Diego responds, are all reported on here.
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From The San Diego Herald, December 18, 1851
The Hanging of Bill Marshall and Juan Verdugo!
The trial of these men was concluded on Friday evening last; and on Saturday morning it was announced on the Plaza that they would be executed at 2 o'clock the same day. The Fitzgerald Volunteers were ordered to be on duty at that time to conduct the prisoners to the scaffold, which had been erected a short distance out of town, near the Catholic burying ground.
The graves were dug, and all the preparations made, during the forenoon, for carrying out the sentence of the Court Martial. At about two o'clock the Volunteers were under arms, and the people began to gather in considerable numbers about the Plaza and Court House. A Priest was with the prisoners most of the forenoon, and accompanied them to the gallows, where they received final absolution. They were then informed that a short time would be allowed them, if they wished to make any remarks. Marshall was the first to speak. He said that he was prepared to die and he hoped that his friends, and the people around him world forgive him, that he trusted in God's mercy, and hoped to be pardoned for his many transgressions. He still insisted that he was innocent of the crime for which he was about to die. This was about the substance of his remarks, as near as we could learn from those who stood near the scaffold.
Verdugo spoke in Spanish. He acknowledged his guilt and admitted the justness of that sentence passed upon him; said he was ready and willing to yield up his life as a forfeit for his crimes and wickedness. The ropes were then adjusted–the priest approached them for the last time–said some consoling word to them–repeated a final prayer–extended the crucifix, which each kissed several times, when he descended from the wagon, which immediately moved on, leaving the poor unfortunate wretches suspended about five feet from the ground. The fall could not have been more than a foot, at the most, for their necks were not dislocated. Marshall struggled considerably, but the Sonorian scarcely moved a muscle. Both of them were in their shirt sleeves, and neither of them hood-winked. Marshall was quite a small sized man, with regular and rather agreeable features, and a head, indicating, phrenologically, great determination. The other was much stouter, with a frame apparently of great power. He was a shade darker than the average of Californians, and had a most brutish countenance. Their arms were pinioned behind. They vibrated slightly when the cart was driven from under them, but after that not a convulsive movement could be seen, although the physician said that they were not dead for some three quarters of any hour later. Every thing was conducted with the utmost order and quietness. There was no halting or hesitation on the part of those whose painful duty it was to take the laws into their own hands for the protection of the lives and property of the whole community.
The minds of the large assemblage, and especially of the friendly Indians, seemed to be impressed with becoming awe. It was an awful and melancholy sight, to see those bodies swinging about there in the wind, now exhibiting their countenances directly fronting you, and again averting them–with the crows and buzzards hovering over head, as if ready to pounce down upon and devour their meal of human flesh–and one which, we trust in God, we may never be called upon toe witness again.
After being suspended about an hour and a half, the bodies were cut down and interred in the Catholic burying ground.
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Confession of Antonio Garra.
We noticed in our last number the capture of the notorious Indian chief. He has since made a confession, of which the following is a copy. We have no time for comments this week.
Rancho Del Chino, Ca.
Dec. 13, 1851.
Statement made by Antonio Garra, in presence of Capt. Lovell, U. S. A., Gen. Bean, Col. Williams, Major Myra Norton, and W. H. Rand.
"I am a St. Louis Rey Indian; was baptised in Mission of St. Louis Rey, and from my earliest recollection have been connected with the St. Louis Indians. Have had authority over only a portion of the St. Louis Indians. Never had any connections with the Cahuillas. Was appointed by Gen. Kearney, U. S. Army, commander-in-chief of the St. Louis Indians, in the year 1847. Capt. Chapulgas and Capt. Vincente, Cahuillas, came to my rancheria and insisted on my going immediately to take command of the people and Juan Largo (Hon. J. J. Warner.) told me that the Americans would come in a few days and kill all he Indians. I excused myself to them by saying that I was sick, and the responsibility would all fall upon me. My people, in company with a party of Cahuillas from Los Coyotes, started on Saturday, Nov. 23rd, to rob Juan Largo's rancho. I stayed at home. They robbed the rancho of all the cattle, and killed three Americans. Three of my people were also killed by Juan Largo. The Sonorian boy who was in the employ of Warner, is now held a prisoner by my people, at Los Coyotes. The two men named Bill Marshall and Juan Verde, had nothing to do with the transaction. I concealed them on purpose to keep them from the knowledge of it. Neither have those men taken any part in the hostilities practiced towards the Americans. – They were entirely ignorant of what has been done. I was advised by Joaquin Ortego and Jose Antonio Estudillo, to take up arms against the Americans. They advised me secretly, that if I could effect a juncture with the other Indian tribes of California, and commence in attack upon all the Americans wherever we could find them, that the Californians would join with us, and help in driving the Americans from the country. They advised me to this course that I might revenge myself for the payment of taxes, which has been demanded of the Indian tribes. The Indians think the collection of taxes from them to be a very unjust measure. This advice was given to me by Joaquin Ortego, in his (Ortego's) rancho. No other person was present at the time. I afterwards saw Antonio Estudillo, who advised me to the same effect, assuring me of the co-operation of the Californians throughout the country.
"My men under arms, have never exceeded 30 or 40 at any one time. I, myself, have had no communication with any other tribes than the Yumas and Cahuillas. – The former agreed to join with me, but they subsequently refused. I only know of the readiness of the other tribes to combine and kill the Americans, from what Ortego told me. The reason that the Yumas did not stick to their contract was, because of a quarrel about the division of the sheep, which we had taken conjointly from the five Americans whom we killed. In the affair with the men with the sheep, ten of my men were killed by he Americans. The party with the sheep were killed this side of the Colorado. I know of no murders committed by my people other than those of the men with the sheep, and those at Agua Caliente. Know nothing about the killing of the Ferrymen."
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Bill Marshall, it will be borne in mind, denied on the gallows, most emphatically, that a he was guilty of the crime for which he was to suffer death; but in his confession, he acknowledged that he knew the four men were to be murdered, and did not make the slightest effort to save them–which he might easily have done. His Father-in-law, who was arrested with him, confessed that he know all about the affair, but that he was too old to take a part in it. He was discharged.
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WHIPPED. –A boy who formerly lived with Hon. J. J. Warner, was convicted of giving false testimony during the trail of Bill Marshall and was sentenced to receive twenty-five lashes on the bare back. The poor devil stood the flogging like a christian, and, when he had received his compliment, shrugged his shoulders, muttering that it hurt some, but he was glad to get off so.
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The second newspaper featured, the Herald's December 18, 1851 issue, is presented above. This issue gave a detailed account of the execution by hanging of Bill Marshall and Juan Verdugo. Very little was reported on, concerning the trial. Included was the confession of Antonio Garra printed in its entirety. Garra described his involvement in certain actions and non-involvement in others.
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From The San Diego Herald, January 17, 1852 Saturday
Trail of Antonio Garra, The hostile Indian Chief.
A Militia Court Martial, consisting of Maj. Gen Bean, Maj. M. Norton, Maj. Santiago E. Arguello, Lt. Hooper, and Lt. Trighman, assembled on the 8th inst. for the trial of Antonio Garra. The Court met pursuant to orders, whereupon Capt. Cave J. Couts was appointed Judge Advocate, Hon. J. J. Warner, interpreter. Maj. McKinstry, U.S.A., at the request of the Court and prisoner, consented to act as counsel for Garra. The prisoner was then arraigned on the following charges:
1st. Treason. - Specification, That he, Antonio Garra, did levy war against the State of California, this during the month of November and December, 1851, at and in the vicinity of Agua Caliente county San Diego, State of California.
Charge 2d. Murder. - Specification, That the said Antonia Garra did aid and abet and order the attack of the Agua Calientes and Warner's Rancho on or about the 23d of November last, resulting in the killing of Ridgley and others.
Charge 3d. Robbery. - Specification first, That Antonio did aid and abet in the stealing of certain stock, cattle, & c., from the rancho of J.J. Warner, and in burning his house, destroying property, household furniture, & c., to a large amount; this on or about 23d Nov. 1851. Specification second, That said prisoner did aid and abet in robbing and stealing a certain number of sheep, at or near the Rio Colorado, from a party of Americans, most of whom were murdered to accomplish the robbery; this on or about November , 1851, county San Diego State of California.
To all of which, the prisoner plead as follows:
Charge and specification 1st, Not Guilty.
Charge and specification 2d, Not Guilty.
Charge and specification 3d, Not Guilty.
Specification 2d of charge 3d,Guilty.
Hon. J. J. Warner, witness for prosecution sworn, testifies as follows:
That he knows of nothing that can tend to criminate the prisoner of the charges of treason, but all I do know of him as regards the charge, is, that war has been levied; but as far as concerning the prisoner I know nothing. On Saturday morning , Nov. 23d, about sunrise, I was awoken by the war-whoop, and having has cause to suspect, I ran to the door and met my Indian boy, who said the Cahuillas are on us, and then I saw two horses made fast, and which they succeeded in getting loose, and upon presenting myself at the door, gun in hand, immediately they secreted themselves, when I succeeded in killing one, and shortly afterwards shot another, while running from my house to an outhouse. Near me were at least twenty Indians. There was no person in my house but myself, a sick mulatto boy and an Indian boy. I returned to the house and procured another gun, and succeeded in getting a house saddled, and made my Indian boy an interpreter, to inquire of them what they wanted and he ran away and joined them. I then returned to my house and found it stripped of everything, but the Indians had all retired. The great body of them, I think were about two miles off. While riding I overtook an Indian who had some of my property, when I ordered him to return them to my house, he dropped his load and attempted to draw and arrow, when I shot him. I was subsequently one of a number who were at Agua Calientes, and there I saw the bodies of Ridgley, Slack and Fidler, and although they were much disfigured, yet I recognized them. My work horses were not stolen, neither were my breeding mares, that day.-- There may have been some 100 or 150 Indians. 'Can your give the names of any Indian or Indians who made the attack upon your house?' 'No.' 'Do you know Juan Baptista?' 'I do.' 'Were you fired upon first?' 'I was.' 'Were any mounted?' 'None that I saw." 'Who is looked upon as chief of the party that made the attack upon your house?' 'Antonio Garra. I know nothing further of the Agua Calientes murder, except that I saw the dead bodies. I believe those who attacked me are of the San Louis Rey Indians, of whom the prisoner is chief.'
Antonio Garra was then questioned, and said that the Indians who attacked Warner's rancho were of the tribe of Cahuillas. He was asked why he stopped at San Tsicho when his people went to Agua Calientes and killed the Americans; to which he replied, that he was sick, but the Cahuillas forced him to go: that he never ordered nor commanded that with which he was charged. 'When you stopped at San Tsicho did you ask Bill Marshall and Juan Bero if the Cahuillas were coming?' 'Yes, but they did not come by my orders. Why, said they, are you going to back out now that everything is arranged?' When you were asked, "why do you not go with us, now that you are compromised?" what did you say?'
"I replied, You do this to have the blame fall upon me, but I have nothing to do with it.'
The Court then adjourned till 4 o'clock, when the Hon. J. J. Warner was called upon to testify in relation to other matters of little interest.
Maj. McKinstry, by request, gave his opinion that the prisoner could not be considered a citizen of the United States, and could not be legally tried on a charge of treason, whereupon the Court adjourned, to meet next day at 9 A.M.
A.M., Jan. 10. Session resumed. Present all the members.
Pedro Carillo sworn as interpreter. The Judge Advocate, the announced that he would read the confession of Bill Marshall. The Court deemed it unnecessary to multiply evidence, therefore the reading of the confession was dispensed with.
Lieut. Hamilton sworn. -- I was a member of a council of war that investigated the Indian difficulties. Francis Necate testified before that tribunal, that Antonio Garra visited his house on the evening before the murder of the Americans at Agua Caliente. He sent for Bill Marshall and Juan Bero and some others. Bill and Bero answered the summons. Antonio Garra then ordered the murder of the Americans at Agua Caliente. Bill and Bero started to carry out the order into execution. Garra did not appear to have confidence in them, and directed an Indian Jacobo to follow them and see that his orders were properly executed.-- Jacobo retired and returned early next morning, and reported to Garra that the Americans had been killed. He also stated, that during the night Garra had issued orders to attack Warner's ranch, and threatened to kill any one who failed to comply with his orders. The order was executed with the assistance of Panito and Razon's people, Chapale directing the attack. Jacobo, when examined, denied the statements of Francisco, and that Garra did all in his power to prevent the murders, but was too late. The Council of War, however, convicted Jacobo of being a participator in both affairs. Louis, the Alcalde of Agua Caliente, testified before the same tribunal, that Antonio visited his house on the night of the murders, and told him that it was his father's orders that the Americans should be killed; that no one need entertain fears about assisting him (Antonio), because he and his father would take the responsibility . Three other witnesses testified to the same thing. Francisco denied all knowledge of Garra's plans for carrying on the war. He stated, that after the commission of the murders Garra gave orders to his people to flee to the mountains. The following morning, Jacobo returned and asked the people why the murders had been committed. They replied that such a question came with a good grace from him. Jacobo said that the orders were to flee to some remote point. Antonio's heart failed him previous to the attack on Warner, but Panito stated that they had assembled for that purpose, and that they would do it whether Garra direct it or not. This was on the 23d of November. The Council of War was held at the Cayotes on the 23d of December. There were no papers found at the Cayotes, except a few old Mexican patents--nothing was found tending to criminate any one.
Gen. Bean was sworn for the defense, after which Major McKinstry addressed the Court in a long and able argument, denying the right of the Court to take cognizance of the offenses charged against the prisoner, and contending that it was an absurdity so glaring , that he trusted the Court, in deference to their own standing as sensible men, would throw out the charge of Treason. That the prisoner owed no allegiance to the State of California, and here fore, under no circumstance, could be guilty of the crime of treason. He claimed that the prisoner was a prisoner of war, and adduced an array of authorities in support of the position he had assumed, and in conclusion, demanded, in the name of an outraged community, that Mr. Ortega should be confronted with the prisoner, who desired to make certain revelations seriously affecting that gentleman.
The Court was then cleared for deliberation, and found the prisoner guilty of murder and theft, and sentenced him to be shot to death.
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The Execution
ANTONIO GARRA, the Indian chieftain, who was convicted of murder and theft, before the Militia Court Martial, of which Gen. Bean was President, was executed pursuant to his sentence, on Saturday evening last. About 3 o'clock on the afternoon of that day, it was officially announced to him that he must die, and Padre Juan remained with him from that time till the moment of his death. At half past 4, the preparations for his death being completed, the execution party, ten in number, commanded by Capt. G. B. Fitzgerald, paraded before the cell of the condemned, and the Provost Martial announced to Antonio that his hour had come. The prisoner took his place at the head of his executioners, and marched to his grave evidently determined to show his captors that an Indian brave could died like a man. No unbecoming levity marked his conduct, but his whole deportment evinced the brave man prepared to meet his fate. Upon arriving at his grave, the prisoner placed himself at its head, an only after the repeated solicitations and command of his father confessor, was he induced to ask pardon of the large crowd assembled, which he did after his own manner.-- Lifting his eyes, with a smile denoting contempt, he said in a loud and clear tone, devoid of all tremor, "Gentlemen, I ask your pardon for all my offenses, and expect yours in return." Then suffering his eyes to be bandaged, he kneeled at the head of his grave, when the Provost Marshall, turning to his troops, commanded Ready! Aim! Fire! The sun's last rays were at this moment lingering on the hills of Point Lobos, when the bells of the neighboring church chimed vespers. In an instant, the soul of a truly "brave" winged its flight to he regions of eternity, accompanied by the melancholy howling of dogs, who seemed to be aware of the solemnity of the occasion--casting a gloom over the assembled hundreds, who, whilst acknowledging the justness of Antonio's fate, failed not to drop a tear o'er the grave of a brave man and once powerful chieftain.
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Last week we promised to give certain comments upon the defensive letter of Don Joaquin Ortega. We have been saved that trouble by the receipt of the following opinion, given by the Court Martial that tried Antonio Garra, which will completely confute any slanders that have been circulated against on of our most worthy citizens.
OPINIONS.
The Court Martial cannot refrain from expressing publicity, an opinion on the subject of the accusations of allegations made against our citizens, Don Jose Antonio Estudillo and Don Joaquin Ortega by Antonio Garra.
Everything that has come before the Court shows conclusively, that Antonio Garra is himself the author of this slander; that no papers were found in the Coyotes confirmatory of the connections of any Californians with the Indians (as published in the San Diego Herald) and that these gentlemen now stand in our community, as they have always, in our highest estimation; and that this opinion be published in the "Alta California," the "Los Angeles Star," and "San Diego Herald."
J. H. Bean, Maj. Gen. and Pres't.
Cave J. Couts, Capt Fitzgerald Vol., Judge Advocate.
Myra Norton, A. Ass't Adj't Gen'l.
S. E. Arguello, Aid d'Camp.
G. B. Fitzgerald, Capt. Cal. Rangers.
G. F. Hoopler, Lt. San Diego Fitzgerald Vol.
Thos. H. Tieghman, Lt. Fitzgerald Vol.
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The Third and final newspaper featured is the January 17, 1852 issue of The San Diego Herald. It is the most dramatic and emotionally charged of the three issues here. It gives a detailed report of both the Court Martial and the execution of Antonio Garra. Regarding the Court Martial, the newspaper account goes into some detail, listing the charges laid against Garra, and who would act as the counsel for the accused. Testimony of various witness were presented as well as a statement from the defendant. In the end, Garra was found guilty and sentenced to be shot.
The second half of the above document details the events leading up to as well as the execution itself. Decorum and form were followed. Marched to he head of his own grave, Garra spoke and forgave his executioners and asked for their forgiveness as well. After, those assembled acknowledged the passing of a brave man.
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The executions of Marshall, Verdugo, and, in particular, Garra broke the back of the Uprising. The threat was over. Unfortunately for the Indians, their struggle had really just begun.
The details and particulars of the Indian Uprising of 1851 and its conclusion are presented above. This event, especially through these primary accounts, should be revisited. Because only by returning to the past and to those who shaped it and striving to understand the forces that drove them to act in the way that they did, can we then hope to achieve a better understanding of the forces that drive us today.
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