California Newspaper Items - presented by Genealogy Trails History Group

The Alta California September 15, 1850
(From the Stockton Journal)
Murderers of Smith and Foster
It will be recollected by our readers that but a few weeks since we published accounts and reports tending to the probable murder of John R. Foster and Erastus L. Smith. These reports and accounts were based on the long absence of Smith and Foster, and the finding of articles on the plains belonging to them, which were besmeared with blood, and other evidences fro such supposition. When these two men started away from camp, they were accompanied by Marrianna Hernandez and his servant, Salvider Neta, (both Spanish)( on whom, after the finding of these things, suspicions rested, and by the efficient exertions of James D. Savage, they were caused to be arrested and brought to Mariposa county for trial. Nothing of course very definite could be elicited against them, but still sufficient to put them under bonds. Marrianna Hernandez was able to give bonds and go at large, but his servant, failing to do so, was kept in custody. Since his confinement, and probably with the promise of escape from punishment, he has been inducted to confess the guilt of Marrianna and himself in the murder of Smith and Foster! The following is a copy of the confession.
That the said Salvidor Nets, who was a servant, as he states, to Marrianna Hernandez, left the camp of James D. Savage, along with his master, the said Hernandez, in company with the above named Foster and Smith, on the morning of the 3d of May last past; that after proceeding a few miles on their roots towards the San Joaquia river, the said Herrandez proposed to him, the said Nets, to murder their two companions, to which the said Nets made no reply. A few miles further on their route Hernandez again proposed to kill the men immediately, as the spot was then favorable to their purpose. To this the said Nets objected, as being too early in the day, and, besides, that the two men might prove too strong for them. A few miles from this spot they encamped for the night, when the parties supped and smoked together with the utmost seeming friendship. Some time in the night, when the said Smith and Foster were asleep, Hernandez came to the said Neta and touched him, stating that he was then going to kill the men with the knife which he held in his hands, and that he wanted Neta's assistance; that immediately thereafter he, the said Hernandez, stabbed the sleeping men, one instantly after the other, and, so soon as they were dead, he, the said Neta, aided Hernandez is carrying the bodies to a short distance, in different directions from the place of their murder. They then immediately mounted and ore all night, taking with them the three horses of the murdered men, together with a pair of rawhide saddle bags or sacks, containing bags of gold dust and other things. About sunrise they threw away the rawhide sacks, after taking out the gold bags; they also threw away some articles of clothing, a six shooter pistol, a saddle, and some other things. They then proceeded on their journey toward day, with the three horses, and when he overtook Meta, some hours afterwards,t he horses were not with him; said Neta does not know wheat became of them. They crossed the river Mercedes, and a few miles beyond it, at a tent, they overtook Hernandez's son. Neta and the son then proceeded to the river Tuolumae, to look after some horses. Hernandez, in company with a man by the name of Manuel Iscarro, went down the river Mercedes, and Neta again met them beyond the river San Joaquin, on the road to San Jose. Neta states that Hernandez was to have paid him three thousand dollars to keep silence touching the murder - which sum, he says, he never received, nor any part of it.
I hereby certify that the foregoing is the sum and substance of the confession made by the above named Salvidor Nets, upon his examination before me.
Given under my hand seal, this 2d day of September, A.D. 1850 (Signed) John A. Veatch, J.P.
Besides what is embraced in the confession, we are informed by Mr. Savage, that in private detail which Salvidor Neta gives him of the matter, that Foster died from the effect of the first stab of the fatal knife; but in the stabbing of Smith the knife struck a rib and glanced - he awoke, arose, and made resistance, but Marianna caught him by the hair and held his head down, stabbing him in the side until be fell. Salvidor Neta accompanied tow or three in search of the bodies, and found them exactly as he asserted in his confession, as the following affidavit, with which we have been furnished, will show:
(Affidavit)
On this 2d day of September, A.D. 1850, personally came and appeared Paul Sweet, who being by me duly sworn, did depose and say, that on the day and date above named, he was present when Salvidor Neta did go and voluntarily show the places where two human skeletons were deposited, which he, the said Salvidor Neta did acknowledge and declare to be the bones of John Foster and Erastus L. Smith, who were murdered by Marianna Hernandez, on the night of 3d day of May, A.D. 1850; the said Salvidor Neta declaring that he aided the said Marianna Hernandez in placing the bodies where the skeletons were found, immediately after their murder, and that he, the said deponent, verily believes the said Hernandez did murder the said Foster and Smith, and therefore prays that the said Hernandez be arrested to answer to the above charge.
(Signed) Paul Sweet
Sworn to before me on this day and date above written
(Signed) John A. Veatch, J.P.
Immediately after receiving this confession Mr. Savage, with the same indomitable perseverance which he has shown throughout the whole of this matter to bring it to light and have the guilty, ?, proceeded again to the Pueblo San Jose and again had Marianna Hernandez arrested. This time on the positive charge of murder! He was lodged in jail and manacted, and, as Savage supposed, made sure of, to be conducted to Mariposs County for trial on the next day.
Marianna, as it seems, was a witness in a case then pending, or about pending before some court at the Pueblo, and his deposition was very necessary before his being taken away to answer the charge against him. By somebody's order his manacles were taken off, and he taken out of confinement in the night, to go to some attorney's office and make his deposition on the case aforesaid! And while being conducted there he made his escape!
Now, although the authorities and others have been on the alert, he has not again been arrested. There is something about this matter that looks wrong, woefully wrong! We are not ready to accuse any one of accepting a bribe; or to insinuate that the officers of justice, or an one else, aided in any wise Marianna's final escape! But the requirement of a deposition which might have been taken at the jail, we should think, is a poor apology indeed for the escape of this prisoner. Where was the necessity of his handcuffs being taken off, and he escorted from his place of confinement to some office to give his deposition, and, as we are informed, at a late hour of the night? and by who's authority was it done?

Submitted to Genealogy Trails by Dena Whitesell

Gold is not the only large product of California. One of the natives is noted as the father of thirty-six children, twenty of whom were the product of his first marriage, and sixteen of his last. Mr. Hartwell, the government translator, has a family of twenty-one children. Senior Ambrego, who has been married twelve years, already counts as many heirs. Several other couples in San Francisco have from twelve to eighteen. [January 02, Wednesday, Knoxville Journal, Knox county, IL. published in 1850. Submitted by Foxie Hagerty]

Daily Evening Bulletin
1879-10-13
Early California Marriages

There has been considerable controversy among the interior journals upon the question in which county the first marriage occurred after California was admitted into the union. A claim was put forward that the first marriage was celebrated in Placer County in October 1851. The El Dorado entered a protest denying that this was anything like the first marriage that took place after September 9, 1850 the date California's admission into the union. El Dorado laid claim to the honor of having celebrated the first marriage in the State of California, on account of a marriages in that county toward the close of October, 1850, nearly twelve months earlier that the Placer County marriage referred to. But one Sacramento Journal records several marriages in California during the months of September and October, 1850. Since these reminiscences of early days are always interesting, the following record of marriages during the latter part of September, and October, 1850, is reproduced.

At Fremont, Yolo County, September 25, 1850, by Judge Macquain, Charles B. Sterling of New Orleans to Lucinda Stuart, daughter of Abel Stuart of Fremont.

At Sacramento, on Sunday evening, September 29, 1850, by the Rev. D.D. Pollock, Mr. Thomas J. Hannah of Vicksburg, Miss. to Miss Sarah Williamson, daughter of Captain John Price, formerly of Woodville Miss.

At San Francisco on the 3rd of October, 1850, by Rev. Samuel H. Willey, Mr. Henry Ames and Miss Eliza Jackson, both of this city.

In Stockton by the Rev. James Winn, Mr. Charles Peck, formerly of New York to Miss Lucy Jane, daughter of G.D. Dickenson, Esq., of Stockton.....Published in Sacramento Transcript, October 16, 1850

At the Bryon House, San Francisco, 14th October, by Judge Brown, Alonzo H. Hubbard, of Bowe's Olympic Circus, to Miss Ann Harney of Dover, N.H.

On Sunday, October 13th, by Rev. O. Jarriman, Mr. Hill Brockway to Miss Mary Ann Hammond of Brooklyn, N.Y.

In Colusa County by Hon. John D. Potts, on the evening of the 19th of October, R.A. Weber of Framville, VA. to Miss Mary C. Hall.

In San Francisco, on the 22d of October, Mr. George W. Moore of St. Louis, Mo. to Miss C,C, McCormick of Rutland Vt.

In San Francisco on the 28th of September, by Rev. M. Taylor, Mr. William T. Horton of Nattituck, Long Island, N.Y. to Miss Ann Adams of Sydney, N.S.W.

Submitted to Genealogy Trails by Barbara Ziegenmeyer