Contra Costa County CA Archives History - Books .....Killing Of James Fergusson 1882
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Book Title: History Of Contra Costa County, California

   KILLING OF JAMES FERGUSSON.—A stranger named James Fergusson, on his way from
Gilroy, where he had been employed in the redwoods, to his home at Windsor,
Sonoma county, arrived at Martinez too late to cross the ferry on the evening of
Sunday, June 4, 1873, and met a violent death between midnight and Monday
morning, under circumstances of a peculiarly painful nature. The deceased was
accompanied by three sons, aged respectively eighteen, thirteen and ten years,
and being obliged to remain over night at Martinez put up their horses in the
stable of the Alhambra Hotel, where he and his two younger lads at a later hour
made camp beds, the eldest boy at a still later hour going to his bed in their
wagon, which stood in the stable yard. During the evening Fergusson had been
drinking pretty freely, and obtained from George Gordon Moore, Senior, a sum of
one hundred and seventy-five dollars, which deceased had given him to take
charge of. This money was not found on his body. At about 8 o'clock P. M. he
went to the saloon of Francisco Saurez, and there remained until one o'clock on
Monday morning, leaving at the same time as did Alexander Naghel, William
Higgins and K. W. Taylor. The first of these, whose testimony is the most
important relative to material facts, stated at the inquest that while there,
Taylor playing on a guitar and Saurez on an accordeon, deceased jumped up and
began talking about soldiering, saying that he had had command of fifteen
hundred men. Not much attention was paid to what he said, and after a little
they all drank together. The deceased then began showing the sword and fist
exercises with his cane and fists, most of them joining in the play. Deceased
then asked Taylor to take the stick (for attack) and he would defend himself
with his fists. After one or two passes Fergusson said to Taylor: "There! I
could have hit you, so and so." Taylor replied: "I could have knocked the
knuckles off you," etc. After a general "skylarking," Taylor handed the stick
back to deceased, who in flourishing it dropped it on the floor, then giving it
a kick that sent it over the screen. Saurez picked the stick up and told the
deceased he would keep it until he went away. After this Taylor and Saurez
played the guitar and accordeon, and deceased wanted them to p]ay "Dixie," and
they complied, playing and singing, Fergusson joining in the chorus. Negro and
Irish songs were then sung. Then Higgins asked for a Union song. The deceased
said: " Anyone that will sing a Union song is a d___d son of a _____." No reply
was made to this remark by any one. Taylor sang one or two more songs, and then
sang a Union patriotic song. After more singing, Saurez said: "Let us all go to
bed." Taylor said: "Let us all take a drink." All drank except the deceased, who
got up and said he "had a boy twelve years old in his wagon over there, and he
had made that boy fetch his man." Taylor said there was no use in talking about
that now, the war was over. Deceased then began talking about one Southerner
being equal to five Yankees. Taylor and Saurez were at this time looking over
the accounts of the latter, and while thus employed, and while the deceased was
bragging about being able to whip five Yankees, Higgins, who was sitting on the
billiard table, came forward and proposed that all should go home. Taylor said:
"We will all go home if Saurez will treat." Saurez treated, and all drank,
including deceased. Taylor, Higgins and Naghel then went out of the saloon and
started towards the bridge. The deceased started at the same time, but turned
back to enter the saloon, when Saurez ejected him, telling him to go home and go
to bed, as he wanted to shut up. Naghel further stated that he left Taylor in
order to go down the street; that the deceased walked up against Taylor, who
then turned aside and tried to avoid him. Naghel then walked back to where they
were. Deceased again walked up against Taylor, who said: "Go away from me; I
don't know who you are, and don't want you to follow me. Go about your
business." At this time Taylor gave him a shove and he fell backward. After he
got up Naghel told him he had better go away, but he would not, and persistently
thrust his society upon them. Naghel then asked him where his wagon was? He
pointed in the direction where it stood, and he was told to go to it. He started
in the direction, Taylor, Higgins and Naghel walking after him towards the
residence of the first-named, deceased walking on the sidewalk and they in the
middle of the street. When deceased reached Wittenmyer's corner he halted and
turned back, still walking on the sidewalk, and went around the corner towards
Sturges' Hotel The three then remained talking for a short time in the middle of
the street, and opposite the thoroughfare leading to Bent's warehouse. While
standing there, Fergusson came back from the direction of the Alhambra Hotel,
and approached in the middle of the street within about fifteen steps, when he
dropped on one knee with a gun pointed in the direction in which they stood.
Naghel remarked to his companions, "He has a gun; look out!" They all thereupon
concealed themselves in separate places of safety, and the deceased got up to
follow. Naghel ran again in the direction of Bent's warehouse, but did not
notice where the other two went. He saw, however, deceased drop on one knee as
before, and saw the flash of a gun. About a couple of seconds after, he heard
Taylor call: "Brown!" Naghel then went back to Brown's porch. He (Sheriff Warren
Brown) brought out a carbine and gave it to Taylor, cautioning him to be "very
careful, for it would go off easy," and "not to shoot if he could help it," or
words to that effect. In the meantime Naghel was dispatched for Mr. Gift to
arrest the man. Taylor then took up his position by the railing near the end of
the bridge. He now saw deceased approaching, holding his gun as if ready to
fire, and searching about him for some one. Seeing Higgins, he pointed the
weapon towards him. At this moment, Taylor stepped to the end of the bridge and
ordered him to hold up his gun. He immediately wheeled round and pointed it at
Taylor, when he (Taylor) fired and killed him. Taylor then handed himself over
to the Sheriff, who had now come up. The jury found a verdict that deceased was
killed by K. W. Taylor, the shot being in self-defense.

Additional Comments:
Extracted from:

HISTORY OF CONTRA COSTA COUNTY,
CALIFORNIA,
INCLUDING ITS GEOGRAPHY, GEOLOGY, TOPOGRAPHY, CLIMATOGRAPHY AND DESCRIPTION;
TOGETHER WITH A RECORD OF THE MEXICAN GRANTS; THE BEAR FLAG WAR; THE MOUNT
DIABLO COAL FIELDS; THE EARLY HISTORY AND SETTLEMENT, COMPILED FROM THE MOST
AUTHENTIC SOURCES; THE NAMES OF ORIGINAL SPANISH AND MEXICAN PIONEERS; FULL
LEGISLATIVE HISTORY OF THE COUNTY; SEPARATE HISTORY OF EACH TOWNSHIP, SHOWING
THE ADVANCE IN POPULATION AND AGRICULTURE;
ALSO,
Incidents of Pioneer Life; and Biographical Sketches
OF EARLY AND PROMINENT SETTLERS AND REPRESENTATIVE MEN;
AMD OF ITS TOWNS, VILLAGES, CHURCHES, SECRET SOCIETIES, ETC.
ILLUSTRATED.
SAN FRANCISCO: W. A. SLOCUM & CO., PUBLISHERS
1882.


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