Nineteenth-century California was a society in turmoil, with a rapidly growing population, booming mining camps, insufficient or nonexistent law-enforcement personnel, and a large number of ethnic groups with differing attitudes toward law and personal honor. Violence, including murder, was common, and legal responses varied broadly. Available now for the first time in paperback, Race and Homicide in Nineteenth-Century California examines coroners’ inquest reports, court case files, prison registers, and other primary and printed sources to analyze patterns of homicide and the state’s embryonic justice system. Author Clare V. McKanna discovers that the nature of crimes varied with the ethnicity of perpetrators and victims, as did the conduct and results of trials and sentencing patterns. He presents specific case studies and a vivid portrait of an unruly society in flux. Enhanced with testimony from contemporary sources and illustrated with period photographs, this study richly portrays a frontier society where the law was neither omnipotent nor impartial.
This fascinating book recounts the compelling stories behind 14 of the most important criminal procedure cases in American legal history. Many constitutional protections that Americans take for granted today—the right to exclude illegally obtained evidence, the right to government-financed counsel, and the right to remain silent, among others—were not part of the original Bill of Rights, but were the result of criminal trials and judicial interpretations. The untold stories behind these cases reveal circumstances far more interesting than any legal dossier can evoke. Author J. Michael Martinez provides a brief introduction to the drama and intrigue behind 14 leading court cases in American law. This engaging text presents a short summary of high-profile legal proceedings from the late 19th century through recent times and includes key landmark cases in which the court established the parameters of probable cause for searches, the features of due process, and the legality of electronic surveillance. The work offers concise explanations and analysis of the facts as well as the lasting significance of the cases to criminal procedure.
In a chilling scene in the film Unforgiven, Clint Eastwood as the gunman stands over a wounded Gene Hackman, the sheriff, aiming a rifle at his head. "I don't deserve this, to die like this," says Hackman. Eastwood replies, "Deserve's got nothing to do with it," cocks his rifle, and fires point blank at his helpless victim. This scenario dramatically brings home to the viewer what historians have long debated and hundreds of other films and books suggest: the turn-of-the-century West was a violent time and place. Ranchers, miners, deputy sheriffs, teenagers and old men, occasionally even housewives and mothers found themselves at the business end of a shotgun or a .38 revolver. Yet, since western historians tend to portray violence as essentially episodic--frontier gunfights, range wars, vigilante movements, and the like--solid data has been hard to come by. As a beginning point for actually measuring lethal violence and assessing the administration of justice, here at last is a detailed and well-documented study of homicide in the American West. Comparing data from representative areas--Douglas County, Nebraska; Las Animas County, Colorado; and Gila County, Arizona--this book reveals a level of violence far greater than many historians have believed, even surpassing eastern cities like New York and Boston. Clashing cultures and transient populations, a boomtown mentality, easy availability of alcohol and firearms: these and many other factors come under scrutiny as catalysts in the violence that permeated the region. By comparing homicide data, including coroner's inquests, indictments, plea bargains, and sentences across both racial and regional lines, the book also offers persuasive evidence that criminal justice systems of the Old West were weighted heavily in favor of defendants who were white and against those who were African American, Native American, or Mexican. Packed with information, this is a book for students and scholars of western history, social history, criminology, and justice studies. Western history buffs will be captivated by colorful anecdotes about the real West, where guns could and did blaze over anything from love trysts to vendettas to too much foam on the beer. From whatever perspective, all readers are sure to find here a well-constructed framework for understanding the West as it was and for interpreting the region as it moves into the future.
This volume of original essays by leading scholars is an innovative, thorough introduction to the history and culture of California. Includes 30 essays by leading scholars in the field Essays range widely across perspectives, including political, social, economic, and environmental history Essays with similar approaches are paired and grouped to work as individual pieces and as companions to each other throughout the text Produced in association with the Huntington-USC Institute on California and the West
In this groundbreaking study, historian Michael J. Alarid examines New Mexico’s transition from Spanish to Mexican to US control during the nineteenth century and illuminates how emerging class differences played a crucial role in the regime change. After Mexico won independence from Spain in 1821, trade between Mexico and the United States attracted wealthy Hispanos into a new market economy and increased trade along El Camino Real, turning it into a burgeoning exchange route. As landowning Hispanos benefited from the Santa Fe trade, traditional relationships between wealthy and poor Nuevomexicanos—whom Alarid calls patrónes and vecinos—started to shift. Far from being displaced by US colonialism, wealthy Nuevomexicanos often worked in concert with new American officials after US troops marched into New Mexico in 1846, and in the process, Alarid argues, the patrónes abandoned their customary obligations to vecinos, who were now evolving into a working class. Wealthy Nuevomexicanos, the book argues, succeeded in preserving New Mexico as a Hispano bastion, but they did so at the expense of poor vecinos.
"McKanna takes to task Arizona Territory's justice system during the 1880?90s." ?True West"A stark, sharply critical, and edifying look at the iniquities of false justice." ?Midwest Book ReviewThough trials in open court suggest impartiality, White Justice in Arizona reveals how, time and again, the judicial system of nineteenth-century Arizona denied Apaches justice. The Captain Jack, Gonshayee, Apache Kid, ?Carlisle Kid,? and Batdish murder cases offer a sad, compelling commentary on injustice for Native Americans.That these trials all ended in Apache convictions, Clare V. McKanna Jr. argues, proves the unfairness of applying the American legal tradition to a culture that lived by very different social and legal codes. Conquered and forced from their lands by white outsiders, Apaches found their customs and methods of maintaining social control dramatically at odds with a new and completely alien legal system, a system that would not bend to integrate Apache or any other Native American culture.Through case studies of these very different murder trials, White Justice in Arizona probes the federal and state governments? treatment of America?s indigenous populations and the cultural clashes that left justice the greatest casualty.?Clare V. McKanna Jr. analyzes the matrix of race, criminal law, and justice in nineteenth-century Arizona and finds fair trial for Indians absent. This is an important book advancing our understanding of race and justice in the American West by one of our most insightful historians.? ?Gordon Morris Bakken, editor of Racial Encounters in the Multi-Cultural West
One of the great lawmen of the Old West, Bob Paul (1830–1901) cast a giant shadow across the frontiers of California and Arizona Territory for nearly fifty years. Today he is remembered mainly for his friendship with Wyatt Earp and his involvement in the stirring events surrounding the famous 1881 gunfight near the OK Corral in Tombstone, Arizona. This long-overdue biography fills crucial gaps in Paul’s story and recounts a life of almost constant adventure. As told by veteran western historian John Boessenecker, this story is more than just a western shoot-’em-up, and it reveals Paul to be far more than a blood-and-thunder gunfighter. Beginning with Paul’s boyhood adventures as a whaler in the South Pacific, the author traces his journey to Gold Rush California, where he served respectively as constable, deputy sheriff, and sheriff in Calaveras County, and as Wells Fargo shotgun messenger and detective. Then, in the turbulent 1880s, Paul became sheriff of Pima County, Arizona, and a railroad detective for the Southern Pacific. In 1890 President Benjamin Harrison appointed him U.S. marshal of Arizona Territory. Transcending local history, Paul’s story provides an inside look into the rough-and-tumble world of frontier politics, electoral corruption, Mexican-U.S. relations, border security, vigilantism, and western justice. Moreover, issues that were important in Paul’s career—illegal immigration, smuggling on the Mexican border, youth gangs, racial discrimination, ethnic violence, and police-minority relations—are as relevant today as they were during his lifetime.
Brian Behnken offers a sweeping examination of the interactions between Mexican-origin people and law enforcement—both legally codified police agencies and extralegal justice—across the U.S. Southwest (especially Arizona, California, New Mexico, and Texas) from the 1830s to the 1930s. Representing a broad, colonial regime, police agencies and extralegal groups policed and controlled Mexican-origin people to maintain state and racial power in the region, treating Mexicans and Mexican Americans as a "foreign" population that they deemed suspect and undesirable. White Americans justified these perceptions and the acts of violence that they spawned with racist assumptions about the criminality of Mexican-origin people, but Behnken details the many ways Mexicans and Mexican Americans responded to violence, including the formation of self-defense groups and advocacy organizations. Others became police officers, vowing to protect Mexican-origin people from within the ranks of law enforcement. Mexican Americans also pushed state and territorial governments to professionalize law enforcement to halt abuse. The long history of the border region between the United States and Mexico has been one marked by periodic violence, but Behnken shows us in unsparing detail how Mexicans and Mexican Americans refused to stand idly by in the face of relentless assault.
Until recently, histories of the American West gave little evidence of the presence?let alone importance?of African Americans in the unfolding of the western frontier. There might have been a mention of Estevan, slavery, or the Dred Scott decision, but the rich and varied experience of African Americans on the Great Plains went largely unnoted. This book, the first of its kind, supplies that critical missing chapter in American history. ø Originally published over the span of twenty-five years in Great Plains Quarterly, the essays collected here describe the part African Americans played in the frontier army and as homesteaders, community builders, and activists. The authors address race relations, discrimination, and violence. They tell of the struggle for civil rights and against Jim Crow, and they examine African American cultural growth and contributions as well as economic and political aspects of black life on the Great Plains. From individuals such as ?Pap? Singleton, Era Bell Thompson, Aaron Douglas, and Alphonso Trent; to incidents at Fort Hays, Brownsville, and Topeka; to defining moments in government, education, and the arts?this collection offers the first comprehensive overview of the black experience on the Plains.
Captain Bill McDonald's (1852-1918) admirers rank him as one of the great captains of Texas Ranger history. His detractors see him as an irresponsible lawman who precipitated violence, hungered for publicity, and related tall tales that cast himself in the hero's role. This title seeks to find the true Bill McDonald and sort fact from myth.
