Person Page - 94

     Cathy (Pope) Peters was buried; ashes scattered. She was born in 1943.¹ She died in November 1990 at San Francisco Co., California.^1,2
     Her married name was Kathy (Pope) Peters Rice. Cathy (Pope) Peters was also known as Cathy Helene Pope.¹

     Marion F. Mecartea was born on 30 January 1855 at Chinese Camp, Tuolumne Co., California.^2,3,4,5,6 He was the son of James Wyatt Mecartea. Marion F. Mecartea married Alice M (Miles) Mecartea, daughter of Mrs. Cordelia Mills, circa 1892.^3,7,6

Marion F. Mecartea died on 4 June 1929 at San Benito Co., California, at age 74.^5,8,9 He was buried on 7 June 1929 at Divide Cemetery Plot 5:136, Big Oak Flat, Tuolumne Co., California.^10,11,5
     Marion F. Mecartea was also known as Marion A. Mecartea. Marion F. Mecartea was also known as Francis Marion Mecartea.^12,2 Marion F. Mecartea was also known as Francis M. McCartea.⁵ He appeared on the census of 1860 at Jamestown, Tuolumne Co., California; 1860 Census of Jamestown, Tuolumne Co., CA
McCarthy
James     36     NJ
Elvira     26     MO
James W.      8     CA
Marion      6     CA
Elias      4     CA
Walter      3     CA
Joseph       9/12     CA. He appeared on the census of 1860 as Marion, a 6-year-old child in the household of James Wyatt Mecartea at Jamestown, Tuolumne Co., California.¹³ Marion A. Mecartea appeared on the census of 1870as a M A McCarty, 12-year-old male in the household of James Wyatt Mecartea and Elvira (Smith) Mecartea at Chinese Camp Post Office, Township 3, Tuolumne Co., California.¹⁴ Marion F. Mecartea appeared on the census of 12 August 1870 at Twp 3 Chinese Camp, Tuolumne Co., California; His age is recorded as 14, suggesting birth date 1855-1856.¹⁵ He appeared on the census of 1880 at Branch, Stanslaus Co., California.¹⁶ ***THIS MAY BE FRANCIS MARION MECARTEA***Salinas Weekly Index; Nov. 12, 1891, p. 3:***Woman Killed -- Officer MECARTEA, of San Juan, Kills Mary FREEON in Attempting toArrest Her --
About 11 o’clock last Saturday forenoon, Constable MECARTEA of San Juan killed Mary FREEON, about 11 miles from Salinas on the San Juan road, while attempting to arrest her on a charge of larceny. He arrived in townshortly after noon and returned to the scene with Sheriff HORTON, Constables METZ and NESBITT, Coroner PARKER and District Attorney SARGENT. They found that the dead woman had been dragged from where she had been shot and had been placed in the wagon and covered with an old quilt, but the boys had gone away. They brought the wagon and remains to town, and a coroner’s inquest was held on the remains at W.M. VANDERHURST’s undertaking parlors Sunday forenoon.

The only evidence before the coroner’s jury, the boys not then having been captured, was that of Constable MECARTEA and W.P. THOMAS. MECATEA testified that THOMAS had procured a warrant charging the parties with house-breaking, and that he left San Juan in pursuit about 9:30 Saturday morning. He arrived at where the parties were camped after a drive of about an hour, and found the woman cooking at a camp fire and 2 small boys in a wagon. He read his warrant, and told the woman that she was his prisoner. She made a grab for a shotgun standing against the wagon, but the officer seized it and took it away from her. She called to the little boys in the wagon to shoot, and one of them dropped out of the wagon with a revolver in his hand. The officer covered the lad and made him throw up his hands. The woman then grabbed an ax, which she commenced to swing in a threatening manner, calling to one of the small boys to go after an older brother, who was away hunting. The officer told THOMAS, who up to this time had remained in the cart, to tie the horse and come to his aid. The officer told THOMAS to disarm the woman or disable her while he waswatching the boys. About this time the larger boys were seen coming over a rise with a shotgun. One of the boys fired 1 shot that did not take effect and came running. The small boy commenced firing with the revolver. The woman was advancing with the ax, and the officer leveled his pistol to shoot her in the arm, intending to disable her, but she wheeled just at that instant and received the charge in her left breast. She fell, crying: "Boys, I’m shot; kill him." There was some firing after the killing of the woman, but the officer was getting out of ammunition, having fired 6 shots in the melee, and concluded to go for assistance. The officer told Mr. THOMAS to stay in the neighborhood and watch the boys, but he did not like so warm a locality and betook himself to a safe distance.

The testimony of W.P. THOMAS was that he left his place at Sargent’s station last Friday to go to Gilroy, and on the road met the deceased woman and her boys. When he returned at night, he found his house had been broken open and things scattered about, and Mr. THOMAS felt justified in having a warrant issued for their arrest. He corroborated the statement of the constable as to what took place at the scene of the tragedy. He testified that he had known the woman & boys for about 6 years, they stopping at his place 3 or 4 times a year in their tramps about the country and begging for something to eat.

Upon this evidence the coroner’s jury, composed of L. RODGERS, C. BARBOUR, H.S. BALL, J.E. GRAVES, J.A. LAWRENCE, O. CAYER, M.L. DEXTER, M.HUGHES, T. METCALF, T.J. TRAINOR, found that the deceased "came to her death by a gunshot wound, fired by F.M. MECARTEA, constable of San Juantownship, San Benito county, in the discharge of his official duty and in necessary self-defense." The only corroborative evidence upon which the verdict was found was a slight wound in the hand and leg of Constable MECARTEA, and a hat perforated with shot. The coroner stated to the jury that upon his arrival upon the scene, he found the horse hitched to the wagon and marks in the sand showing that the woman had been dragged about 20 feet to the wagon.

Shortly after the inquest, Eric BERGH arrived in town from Chualar and reported seeing some boys he supposed to be the fugitives at the railroad culvert this side of Chualar. Deputy Sheriff MATTHEWS, Recorder James H. ROBINSON, Eric BERGH and John SMITH of Santa Rita proceeded to the spot, arrested the boys and brought them to town. There are 4 of them, one 17, one 16, and 2 twins, 13 years old. Their story does not differ materially from that of the officer, although they insist that they did not do anyshooting until after their mother had been shot. Only the twins were present at the beginning of the affray, and the other boys appeared about the time their mother was shot. While one of the twins was absent for his brothers the other little fellow was under the bridge and says he saw THOMAS beating his mother with a fence stake.

The funeral took place Monday, and the motherless lads were given an opportunity for a last look at the features of their mother and to accompany her remains to their last resting place. The scene was deeplyaffecting, and was a sublime exhibition of the depth and tenderness of filial love; and many a stony heart declared that the boys did right to fight for their mother under any and all circumstances. Judge WEBB, who saw the boys at the courthouse and on the way to the funeral, had his chivalric nature so moved that he announced to the orphaned children thathe was their friend and would stand by them in the judicial inquiry without fee or reward. He insists that it is a case where the sacrifice of human life could have been avoided, and that this is shown by the case with which the officer withdrew after the shooting. It was not done in the pursuit of a felon or an outlaw, but in attempting to arrest a poor woman charged with petit larceny.

The FREEON family is quite well known in this vicinity. The father was a Frenchman, who formerly followed the business of gathering bones[??] for sugar refineries. He lived at one time near where Wm. LOGWOOD now lives and later, at the outskirts of town, opposite the place of P. ROAN. He afterwards removed to Gonzales, where he died about 8 years ago. The mother was named Mary McDONOUGH. Her father was an Irishman and her mother a native Californian, with a strong mixture of Indian. Since the death of the father, the woman and boys have been roaming about the country between Santa Maria and San Jose, and people along the road have knowledge of the outfit. The oldest girl, now 22, is married to a farmer at Santa Maria. The account given by the boys of their movements is that their journeying have been in search of work. Both the elder boys worked last year on dairy farms, not far from the fatal affray of last Saturday, and were spoken of by their employers as good boys. They state that they have worked this summer at fruit picking near San Jose and were on their way to work on dairy farms at Santa Maria.

Although they have not heretofore been noted along the road for any thieving propensities, the evidence seems pretty conclusive that they did take things from the house of Mr. THOMAS at Sargent’s station. Shortly before the affray with the San Juan constable, John McCULLOUGH, who lives near to where it happened, came to their camp and charged them with stealing a whip and lap robe. They drove him away with a gun, and he came to town and was before Justice HARVEY for a warrant when the later troubles were going on near his premises. The wagon in which they traveled contained a miscellaneous lot of articles, none of any great value, however, which appear to have been picked up along the road. Among them are several dozen pencils, many of them having been used, which would warrant the inference that a schoolhouse had been raided.

David FREEON, one of the sons of the dead woman, appeared before Justice HARVEY Tuesday and entered a complaint charging Constable MECARTEA and W.P. THOMAS with murder. Upon this complaint a warrant was issued, and the whole question will thus come up for judicial investigation. MECARTEA came in from San Juan yesterday and gave himself up, and Constable NESBITT has gone for THOMAS. The preliminary examination of the FREEON boys on the charge of an assault to commit murder is set for today.

Salinas Weekly Index Thursday, 12 Nov 1891**Woman Killed -- Officer MECARTEA, of San Juan, Kills Mary FREEON in Attempting to Arrest Her --About 11 o'clock last Saturday forenoon, Constable MECARTEA of San Juan killed Mary FREEON, about 11 miles from Salinas on the San Juan road, while attempting to arrest her on a charge of larceny. He arrived in town shortly after noon and returned to the scene with Sheriff HORTON, Constables METZ and NESBITT, Coroner PARKER and District Attorney SARGENT. They found that the dead woman had been dragged from where she had been shot and had been placed in the wagon and covered with an old quilt, but the boys had gone away. They brought the wagon and remains to town, and an coroner's inquest was held on the remains at W.M. VANDERHURST's undertaking parlors Sunday forenoon. The only evidence before the coroner's jury, the boys not then having been captured, was that of Constable MECARTEA and W.P. THOMAS. MECARTEA testified that THOMAS had procured a warrant charging the parties with house-breaking, and that he left San Juan in pursuit about 9:30 Saturday morning. He arrived at where the parties were camped after a drive of about an hour, and found the woman cooking at a camp fire and 2 small boys in a wagon. He read his warrant, and told the woman that she was his prisoner. She made a grab for a shotgun standing against the wagon, but the officer seized it and took it away from her. She called to the little boys in the wagon to shoot, and one of them dropped out of the wagon with a revolver in his hand. The officer covered the lad and made him throw up his hands. The woman then grabbed an ax which she commenced to swing in a threatening manner, calling to one of the small boys to go after an older brother who was away hunting. Theofficer told THOMAS, who up to this time had remained in the cart, to tie the horse and come to his aid. The officer told THOMAS to disarm the woman or disable her while he was watching the boys. About this time the larger boys were seen coming over a raise with a shotgun. One of the boys fired one shot that did not take effect and came running. The small boy commenced firing with the revolver. The woman was advancing with the ax, and the officer leveled his pistol to shoot her in the arm, intending to disable her, but she wheeled just at that instant and received the charge in her left breast. She fell, crying: "Boys, I'm shot; kill him." There was some firing after the killing of the woman, but the officer was getting out of ammunition, having fired 6 shots in the melee, and concluded to go for assistance. The officer told Mr. THOMAS to stay in the neighborhood and watch the boys, but he did not like so warm a locality and betook himself to a safe distance. The testimony of W.P. THOMAS was that he left his place at Sargent's station last Friday to go to Gilroy, and on the road met the deceased woman and her boys. When he returned at night he found his house had been broken open and things scattered about, and Mr. THOMAS felt justified in having a warrant issued for their arrest. He corroborated the statement of the constable as to what took place at the scene of the tragedy. He testified that he had known the woman and boys for about 6 years, they stopping at his place 3 or 4 times a year in their tramps about the country and begging for something to eat.

Upon this evidence the coroner's jury composed of L. RODGERS, C. BARBOUR, H.S. BALL, J.E. GRAVES, J.A. LAWRENCE, O. CAYER, M.L. DEXTER, M. HUGHES, T. METCALF, T.J. TRAINOR, found that the deceased "came to her death by a gunshot wound, fired by F.M. MECARTEA, constable of San Juan township, San Benito county, in the discharge of his official duty and in necessary self-defense." The only corroborative evidence upon which the verdict was found was a slight wound in the hand and leg of Constable MECARTEA, and a hat perforated with shot. The coroner stated to the jury that upon his arrival upon the scene he found the horse hitched to the wagon and marks in the sand showing that the woman had been dragged about 20 feet to the wagon. Shortly after the inquest, Eric BERGH arrived in town from Chualar and reported seeing someboys he supposed to be the fugitives at the railroad culvert this side of Chualar. Deputy Sheriff MATTHEWS, Recorder James H. ROBINSON, Eric BERGH and John SMITH of Santa Rita proceeded to the spot, arrested the boys and brought them to town. There are 4 of them, one 17, one 16, and 2 twins, 13years old. Their story does not differ materially from that of the officer, although they insist that they did not do any shooting until after their mother had been shot. Only the twins were present at the beginning of the affray, and the other boys appeared about the time their mother was shot. While one of the twins was absent for his brothers, the other little fellow was under the bridge and says he saw THOMAS beating his mother with a fence stake. The funeral took place Monday, and the motherless lads were given an opportunity for a last look at the features of their mother and to accompany her remains to their last resting place. The scene was deeply affecting, and was a sublime exhibition of the depth and tenderness of filial love; and many a stout heart declared that the boys did right to fight for their mother under any and all circumstances. Judge WEBB, who saw the boys at the courthouse and on the way to the funeral had his chivalric nature so moved that he announced to the orphaned children that he was their friend and would stand by them in the judicial inquiry without fee or reward. He insists that it is a case where the sacrifice of human life could have been avoided, and that this is shown by the ease with which the officer withdrew after the shooting. It was not done in the pursuit of a felon or an outlaw, but in attempting to arrest a poor woman charged with petty larceny.The FREEON family is quite well-known in this vicinity. The father was a Frenchman, who formerly followed the business of gathering bones for sugar refineries. He lived at one time near where Wm. LOGWOOD now lives and later at the outskirts of town, opposite the place of P. ROAN. He afterwards removed to Gonzales, where he died about 8 years ago. The mother was named Mary McDONOUGH. Her father was an Irishman and her mother a native Californian with a strong mixture of Indian. Since the death of the father, the woman and boys have been roaming about the country between Santa Maria and San Jose, and people along the road have knowledge of the outfit. The oldest girl, now 22, is married to a farmer at Santa Maria. The account given by the boys of theirmovements is that their journeyings have been in search of work. Both the elder boys worked last year on dairy farms not far from the fatal affray of last Saturday, and were spoken of by their employers as good boys. They state that they have worked this summer at fruit picking near San Jose and were on their way to work on dairy farms at Santa Maria. Although they have not heretofore been noted along the road for any thieving propensities, the evidence seems pretty conclusive that they did take things from the house of Mr. THOMAS at Sargent's station. Shortly before the affray with the San Juan constable, John McCULLOUGH, who lives near to where it happened, came to their camp and charged them with stealing a whip and lap robe. They drove him away with a gun, and he came to town and was before Justice HARVEY for a warrant when the later troubles were going on near his premises. The wagon in which they traveled contained a miscellaneous lot of articles, none of any great value, however, which appear to have been picked up along the road. Among them are several dozen pencils, many of them having been used, which would warrant the inference that a schoolhouse had been raided.

David FREEON, one of the sons of the dead woman, appeared before Justice HARVEY Tuesday and entered a complaint charging Constable MECARTEA and W.P. THOMAS with murder. Upon this complaint a warrant was issued, and the whole question will thus come up for judicial investigation. MECARTEA came in from San Juan yesterday and gave himself up, and Constable NESBITT has gone for THOMAS. The preliminary examination of the FREEON boys on the charge of an assault to commit murder is set for today.- - -. He and Alice M (Miles) Mecartea appeared on the census of 1900 at San Juan Twp., San Benito Co., California.¹⁷ Francis M. McCartea and Alice M (Miles) Mecartea appeared on the census of 1910 at San Juan Twp, San Benito Co., California.¹⁸ Of Marion Mecartea Dr. Clair Weast wrote, "In his old age, Marion was almost totally blind but still lived alone (with the exception of a pet donkey who shared the house)."¹⁹ Francis M. McCartea and Austin N. Mecartea appeared on the census of 1920 at Big Oak Flat, Tuolumne Co., California.²⁰

     Caroline Wright was buried at Forest Lawn Cemetery in Glendale, California. She married an unknown person in 1886 at Tulare Co., California; Marriage Record for Marcus Rowland
Spouse: Caroline Wright
Date: 1886
B/G: Groom
County and State: Tulare Co. CA
User-Added Notes (click here to add a note):

James Rowland kilty@earthlink.net 2005-06-23 13:12:45
Caroline Wright was the second wife of Marcus Rowland. She is burried with Marcus at Forest Lawn Cemetery in Glendale, CA.
     As of 1886,her married name was Mrs. Carolyn Wright Rowland.

     Mary Jane Tilton was born on 27 April 1858.¹ She was the daughter of Thaddock Tilton and Mrs. Jane Tilton.¹ Mary Jane Tilton died on 1 March 1862 at Big Oak Flat, Tuolumne Co., California, at age 3.¹

     Thaddock Tilton married Mrs. Jane Tilton before 1858; presumed marriage based on obituary of daughter.²
     Thaddock Tilton lived in 1858 at Big Oak Flat, Tuolumne Co., California.²

     Mrs. Jane Tilton married Thaddock Tilton before 1858; presumed marriage based on obituary of daughter.²
     Mrs. Jane Tilton lived in 1858 at Big Oak Flat, Tuolumne Co., California.²

     Ann Elizabeth (Frederick) Smart married Capt. W. S. Smart.² Ann Elizabeth (Frederick) Smart was born circa 1800 at Montego, Jamaica.¹ She was the daughter of William Frederick.¹ Ann Elizabeth (Frederick) Smart died on 5 February 1862 at Jacksonville, Tuolumne Co., California.¹
     As of circa 1800, Ann Elizabeth (Frederick) Smart was also known as Ann Elizabeth Frederick.¹

     Capt. W. S. Smart married Ann Elizabeth (Frederick) Smart, daughter of William Frederick.¹ Capt. W. S. Smart died after February 1862.¹

     Julian Smart was born between 1820 and 1840; Guesstimate -- obituary states there were two sons, but named only Julian. Obituary says Ann lived most of her life in and around New Orleans, suggesting her children were born there.¹ He was the son of Capt. W. S. Smart and Ann Elizabeth (Frederick) Smart.¹

     Unnamed Smart was born between 1820 and 1840 at New Orleans, Louisiana.¹ He was the son of Capt. W. S. Smart and Ann Elizabeth (Frederick) Smart.¹

     Dr. C. V. Williamson lived in 1856 at Big Oak Flat, Tuolumne Co., California.¹

     Richard B Robinson was born on 1 July 1821 at Kentucky.^4,5 He was the son of William L Robinson and Augustina Biddle.^2,3 Richard B Robinson married Mrs. Elizabeth Tomberlin Robinson on 19 April 1864 at Tuolumne Co., California.¹ Richard B Robinson died "from B.P." On 4 February 1897 at Long Beach, Los Angeles Co, California, at age 75.⁶ He was buried at Modesto Citizens Cemetery, Modesto, Stanislaus Co., California.⁶
     Richard B Robinson was also known as R. B. Robinson.⁷ As of 1854, Richard B Robinson and David V. Robinson lived at Big Oak House, Big Oak Flat, Tuolumne Co., California.⁸ Richard B Robinson and Michael Gilbert were There was a single property sale from the two Robinsons to Michael Gilbert. on 8 December 1854 at Big Oak Flat, Tuolumne Co., California.⁹ R. B. Robinson was a witness to Settled on lot @ Polk & Pine St

R.B. Robinson's house and P. Grants store are on plot map. with Flemming Amyx on 9 October 1855 at Big Oak Flat, Tuolumne Co., CA. Richard B Robinson lived in 1856 at Big Oak Flat, Tuolumne Co., California.⁷ He appeared on the census of 1860 at Big Oak Flat, Tuolumne Co., California.¹⁰ He and Mrs. Elizabeth Tomberlin Robinson appeared on the census of 1870 at Empire Twp, Stanislaus Co., California.¹¹ Richard B Robinson and Mrs. Elizabeth Tomberlin Robinson appeared on the census of 1880 at Modesto, Stanislaus Co., California.⁴

     Jas. Shepherd lived in 1856 at Big Oak Flat, Tuolumne Co., California.¹

     Mr. (?) Donnelly died on 13 April 1862 at Sonora, Tuolumne Co., California.¹

     Mr. D. Donovan died before 30 January 1862.¹

     William Frederick died before 1810.¹

     J. B. Green lived in 1856 at Big Oak Flatl, Tuolumne Co., California.¹

     David Hunt was born at Missouri.¹ He died in October 1859 at Gentry's Gulch, Tuolumne Co., California.¹

     Unknown Gerken was buried at Our Lady of Mt. Carmel Cemetery, Big Oak Flat, Tuolumne Co., California.²

     John L. Brown was born in 1821 at England.^1,2 He married Bridget (Doyle) Brown.¹ John L. Brown died on 21 June 1895.¹ He was buried at Our Lady of Mt. Carmel Cemetery, Big Oak Flat, Tuolumne Co., California.¹
     He appeared on the census of 1860 at San Francisco, San Francisco Co., California; Is this John (age 28) and Bridget (age 27) couple, both shown as born Ireland, with their 1 year old son John born in California, who appear in the 1860 census as barkeepers in San Francisco's 9th District, the same couple who appear in Tuolumne Co. 1870-1900? He and Bridget (Doyle) Brown appeared on the census of 1880 at Township 4, Tuolumne Co., California.²