MURDER of  BERRY KESTERSON of Oakland County CA

Born 13 January 1903 -  Died 30 September 1935 submitted by Rosemary Reeves, transcribed by C. Walters

Berry Kesterson, an Oakland man, killed in a prospectors feud at American River Canyon, had a premonition of death. This was revealed today by his sister, Mrs. Frank Burghart of 3515 Porter Street. "One day when my husband and I were visiting Berry at his mine he said he would like to be buried in the Canyon if he should die there."

 

But the prospector's wish will not be fulfilled by relatives who feel his statement might have been prompted by the difficulties of the dangerous trail leading out of the rock-walled canyon. His body will be brought back to Oakland by his older brother, George Kesterson, who l eft on this m ission this morning.

 

The Oakland prospector, 32 at the time of his death, was the youngest of a family of six, all California residents, though only two live in this city, Mrs. Burghardt said. Kesterson, an interior decorator, had devoted a large part of his time in the last three years to placer mining in the canyon where he was recently killed. He had been quite successful there his sister said.

Contributed by Rosemary Reeves - from an Oakland Newspaper 1935

Placer Herald Oct 4 1935:
MURDER AT IOWA HILL
While Earl Bud Kimball was on his way to Folsom Prison last Monday for the murder of James C Kennett, another murder was committed near Iowa Hill. Sheriff Gum and several deputies were with Kimball when the telephone message came from Mrs. Macey of Iowa Hill. Deputy District Attorney C.E. Tindall, Deputy Sheriffs Tom Stanley and Charlie Dolce, photographer Wallace Polson and Deputy Coroner Francis West and Pete Wamsley of Colfax hastened to the scene. The shooting happened down on the American River Canyon above Iowa hill and toward Glant Gap. Berry Kesterson, George Fischter and Andy Fennimore were walking along the trail toward John Weaver's cabin. They suspected Weaver of posting some "Keep off" signs on some mining claims they were working. They wanted to see what was the matter. Before reaching the cabin, Weaver appeared from out of the brush and fired, killing Kesterson. A second shot hit Fischter in the leg. Weaver then ran toward his cabin and Fennimore fired at him. Fischter's wound was not serious. Fennimore made his way to Iowa Hill to spread the alarm. He said he thought he hit Weaver. When the Auburn officers arrived they went down the steep trail and found Weaver sitting up against a tree with a gunshot wound in the side. He was very weak. They carried him to Iowa Hill, and later he was brought to Colfax and to the County Hospital at Auburn. It is believed that Weaver is responsible for the several dynamite plants made last week in the same part of the country. He refused to talk or answer questions, except to say he was going to die. LATER: (but how much later?) Weaver died yesterday morning..

The wound, in the right side, was inflicted by Andy Fenimore, who, with Kesterson and Fischter, was fired upon when they went to Weaver's cabin to question him about eviction orders said to have been posted by Weaver at Kesterson's claim.

Is Believed Dying.

Word of Weaver's capture was brought here by Fenimore and C.E. Tindall, Assistant district attorney, posseman, who returned here with Kesterson's body. They said the posse found the man (Weaver) 200 yeards from his cabin, propped against a tree near the river. He had removed his shoes and socks. They say he is near death. "Let me alone boys, I don't think I'll last long." Tindall quoted the slayer as saying "My feet are numb now."

 

Found Shotgun
Tindall said the posse first found Weaver's shotgun where he had dropped it and further on came across his blood-stained trail. The man became delirious. Weaver was expected to be carried on a stretcher to the highway where Francis West of Colfax was waiting in the ambulance to take him to Colfax. The wounded man was given first aid treatment by W.W. Polson of Auburn, who served on first aid duty in the World War. Fenimore, until the discovery of the wounded man, believed he had missed him in yesterday's exchange of bullets. He had tried to stop im by firing at his legs with a 30-30 caliber rifle. "I was afraid to kill him" Fenimore said. "I thought both Kesterson and Fischter were dead and if I kileld Weaver I might be accused of three murders and hanged."

 

Accused of Dynamitting
Fenimore and Joseph Bender of the Truro Mine both accuse Weaver of setting three death traps within the past few months, one of which early in September cost Hugo Hoskisto, now in the county hospital, the sight of an eye, and nearly cost the lives of Fischter and Fenimore. "Fischter stepped on a spring trap as we walked along the trail, returning from a visit to Bender's cabin. The terrific blast that followed blew branches from the trees overhead. I am confident Weaver set this trap. I also think he attempted to blow Bender's cabin up and that he put the explosives in the stove wood which might have blown my cabin up".

 

Discovered Death Trap
"I am certain Weaver placed a charge of explosives under my anvil." said Bender. He stated four and one half sticks of dynamite had been placed in a hole drilled under his anvil at the Truro Mine September 21st. After Fenimore shot at Weaver, he went to Iowa Hill, arriving at 2:45 P.m. He told Mrs. Waldo Macey of the incident. She notified the sheriff's office. Sheriff Gum, about to start for Folsom with Earl Kimball, condemned murderer, delegated Deputy Sheriffs Thomas Stanley and Charles Dolce to take up the search for the man.

 

Both Shot in Stomach
Fischter also recovered sufficently to make his way to Iowa Hill. He was taken to Colfax for hospitalization. Both he and Kesterson were shot in the stomach, but Kesterson received the full force of the shot. The officers, along with Tindall, Deputy Coroner Francis West and Pete Wamsley, met Bender and Fenimore and made a detailed investigation.

 

Found Notice
The three men told of finding the following notice on Kesterson's property last Sunday: "This property is not open to location. Claims owned by Gould and Jordan consolidated claims comprising Warren Griffen, Kinder, Ford's Bar and Big Betsy. Signed , Kruger Wilkie, Merguerite Clopton, heirs to estate of S C Jordan."

 

Suspected Weaver
They met Monday and decided to interview Weaver, whom they suspected of posting the notice. Arriving at his cabin, two miles from the posting, they halted outside, according to Fenimore, and called to Weaver to come out. They got no response and were preparing to advance, when Weaver emerged from some

nearby bushes and covered them with a 12-gauge shotgun.

 

Pleads With Slayer
"For God's sake, John, don't shoot," said Kesterson. In reply Weaver shot, killing Kesterson and wounding Fischter, but missing Fenimore. Fischter corroborated Fenimore's story about Weaver being the first to shoot.

 

Death Traps Feared
Fear that Weaver may have other death traps scattered throughout the hills, resulted in the delay of the hunt until morning.

 

The Doctors at the county hospital,however, say he will live. His wound is in the right side. He lost much blood but no vital organs were hit.

 

Refuses To Answer
Efforts to question Weaver by the district attorney's office brought only snarls or silence. He refuses to give his name, previous addressesor make any statements in connection with the fatal shootin gof Kesterson and wounding of George Fischter. He broke his silence this morning in a profane demand for food.

He was found yesterday morning propped against a tree near the river, a scant 100 yards from where the posse spent the night and less than 200 yards from the spot he fired upon Kesterson, Fischter and Fennimore on Monday when the three men came to his cabin to question him about ane viction notice posted at Kesterson's claim.

 

Carried Four Miles
His blast from a shotgun killed Kisterson instantly, and wounded Fischter. Fennimore returned his fire and the man fled, Fennimore shooting low because he believed his companions were dead and if he killed Weaver he might be suspected of a triple murder. in fact Fennimore was uncertain whether he hit Weaver until he was found yesterday.

 

The possemen carried Weaver for more than fourmiles up the precipitous slope of the canyon to reach Iowa Hill. Wallace W Polson of Auburn, who was in the ambulance corps during the World War, went into the canyon earlier and gave the man first aid treatmen. An ambulance driven by DDeputy Coroner Francis West of Colfax met the possemen at the top of the ridge and brought the man to the hospital, arriving at 11:30 P.M.

 

Delays Inquest
Coroner Elliott Broyer will conduct an inquest in Colfax. The date will depend upon the recovery of Weaver. District Attorney Lowell L Sparks yesterday questioned Fischter. He says Fischter told substantially the same story as Fennimore. Sparks also says Fischter's wound is superficial, the buckshot lodging in his thigh instead of his stomach, as first reported.

 

Accused of Dynamiting

Prospectors in the canyon regard Weaver as eccentric. They accuse him of setting dynamite traps one of which exploded and blinded Hugo Koskito in one eye. The same blast nearly trapped Fennimore and Fischter. Another dynamite trap was found before it was exploded in the blacksmith shop of Joe Bendere at the Truro Mine.

 

His widow, Mrs. Albertha Kesterson of Long Beach, to-day said her husband was a native of Pittsfield, Ill., and had lived in Long Beach from 1924 until three years ago when, because of hard times, he decided to try his luck at prospcting. She said she had not seen him since he went to Northern California.

He has a brother, George, at Huntington Park., Calif., and other relatives in Oakland and Porterville, Calif, and Hannibal Mo.

 

District Attorney L.L. Sparks of Placer County yesterday afternoon abandoned efforts to interview the slayer, following the physicians report. He also obtained a postponement of the inquest into Kesterson's death, which had been scheduled for last night at Colfax.

 

Sparks was informed yesterday by R.W. (Doc) Murch, member of the rescue party that brought Weaver out of the American River Canyon, that he recognized the mans as John W Martin, a former resident of Sheridan. Murch states he knew Martin when he resided in the Placer County Town.

 

He died without talking. His death was caused by gangrene setting in a wound inflicted by Andy Fennimore, a wound which touched no vital spot, but became infected because Weaver lay unattended all night in the brush, hiding from a posse.

 

WAS PERIOD OF TERROR
His death, according to Placer County Peace officers probably closes a sanguinary period of terror in the canyon, except for the formal inquests into his death and that of Berry Kesterson, 32, slain by Weaver.

First reports of a miners feud reached the officers several weeks ago, mostly in the form of vague rumors, at a time when they were taxed, with clearing up anothe rmystery, the werewolf slayings of Earl (Bud) Kimball in Fulda Flats.

 

TRAP IS EXPLODED
The first casualty came on a Friday September 18th when three men unwittingly walked into a dynamite trap placed along a trail. Fennimore and George Fieschter were knocked down but otherwise were uninjured. Hugo Koskito the thrid member of the party, was severely hurt. He lost the sight of his left eye and still is in the hospital in a room a few feet from the one in which Weaver died.

About two weeks later Joe Bender, a blacksmith at the Thuro Mine, discovered a oddly arranged dynamite trap, set to explode if he struck his anvil or attempted to operate his forge.

 

FIRED ON TRIO
On last Sunday notices were found, said to have been posted by Weaver at Kesterson's mining claim, warning him to vacate. On Monday Kesterson, Fischter and Fennimore went to Weaver's cabin to question him. When they arrived in range Weaver, without a word, raised a shotgun and fired a load of buckshot in Kesterson, killing him instantly. The same charge dropped Fischter with a flesh wound in his thigh. Fennimore returned the fire, but Weaver fled.

A posse, not knowing Weaver was wounded, halted their operation that night because of the combined necessity of ministering to the wounded, caring for the dead and the dual disadvantage of running into an ambush or possibly another dynamite trap in the darkness. The next morning they found weaver, weak from his wound.    He surrendered with no show of opposition. His only words to the posse were prophetic. He Said: Let me alone boys, I don't think I'll last long.