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

   KILLING OF SILVERIO MONJAS.—Of this affair the Contra Costa Gazette of July
8, 1871, has the following: "During the past week or more, the people of the
central portion of the county have been intensely excited by occurrences growing
out of the disputed ownership and possession of a certain portion of the Moraga
grant, about which there has been much litigation and contention for several
years. The land in question is claimed on one side by Isaac Yoakum, and on the
other by members of the Moraga family. Some two months or more ago the Sheriff,
by writ of the District Court, was directed to put Yoakum in possession of the
lands then occupied by a portion of the Moraga family, but he had, as is
claimed, no authority in executing the writ, to remove and dispossess such of
the Moraga children as were not named in the instrument, and he refused to do
so. Yoakum, or his agent, as is said, refusing at the time to accept possession
unless all the Moragas and their personal effects were removed. Yoakum
subsequently, however, went into occupancy of the portion of the premises to
which the writ entitled him; and the Moragas remained in possession as the
Sheriff had left them, of a portion of the land claimed by Yoakum, and to which,
as we understand, he would have been entitled under the judgment of the Court,
but for an error of omission in the complaint in action, upon which the judgment
was rendered in his favor. From this situation of affairs, both parties claiming
and believing they had legal and equitable rights which they were justified in
asserting and defending, much heat and bitterness of feeling has arisen, and
several serious collisions have occurred to the imminent peril of life on both
sides. Some time early in May several rifle shots were fired at one of the
Moragas, and the horse he was riding was killed by a man in the employ of
Yoakum, named William Steele, who was at that time, together with one of the
Yoakum boys, under one thousand dollar bonds to answer before the Grand Jury of
the county.

   "Since that time the temper of the hostile parties has not improved, and
threatening demonstrations and preparations have been made on both sides, with
no very serious results, however, until last Saturday (July 1st) when Silverio
Monjas, one of the Moraga party, was shot by William Steele, as he affirms, in
self-defense. On the previous day there had been a collision between the parties
and a good deal of shooting. In the melee, one of the Moraga girls was struck
with a gun and severely hurt by Mr. Yoakum, and the horse he was riding was
fatally shot. Reports of these occurrences spread rapidly about the county, and
created a degree of excitement and manifestations of indignation seldom produced
in our usually quiet and moderate community; and the excitement and indignation
reached a higher pitch on Saturday, after the shooting of Monjas, threatening to
culminate in a vengeful outbreak against the Yoakum party. In the heat of the
excitement many intemperate and improper charges and threats were made, which a
cooler judgment and a fuller knowledge of facts would not justify.

   "Sheriff Brown was on the ground shortly after the shooting of Monjas, on
Saturday, and on the information of Yoakum, found and arrested Steele. Yoakum
voluntarily offered to surrender himself to the Sheriff for examination before
any competent magistrate, upon any charge that might be preferred against him,
and accompanied the Sheriff to Walnut Creek, where, on finding Justice Slitz was
absent, they proceeded to Pacheco, and on reaching that place, found that
Justice Ashbrook was also from home. Yoakum here declined to accompany the
officer farther, though he offered to give his word or bond for appearance,
whenever, and for whatever purpose, required. As the Sheriff had no warrant or
authority whatever for detaining him, he was allowed to go; and the Sheriff has
been highly censured therefor, but, so far as we can see, without the slightest
good reason."

   Monjas, who was shot by Steele, died about three o'clock on Saturday morning,
and a Jury of Inquest, summoned and sworn on Sunday by Justice Allen, continued
their inquires until Monday evening, when the inquest was adjourned to ten
o'clock, Saturday morning at Walnut Creek.

   Steele was brought before Justice Ashbrook for examination on Thursday; the
People in the conduct of the case were represented by District Attorney Mills,
and the defendant by Judge Blake, of Oakland. The examination was concluded on
Friday afternoon, and Steele was held to answer for murder without admission to
bail.

   The Jury of Inquest found: Isaac Yoakum to be accessory to the killing of the
said Silverio Monjas.

   He was brought before Justice Ashbrook of Pacheco on July 10th to answer to
the charge of assault with a deadly weapon, with intent to commit bodily injury
upon the person of Gunecinda Moraga in Moraga valley on June 30, 1871. On motion
of Judge Warmcastle, acting for District Attorney Mills, the charge was modified
to one of assault and battery. The defendant, contrary to the expressed desire
of the Court and the prosecution, objected to trial of the charge by jury, and
in deference to his objection the case was tried without a jury. The trial
occupied the greater part of the 10th and 11th. The defendant conducted the
casein his own behalf, assisted by a young lady, his daughter, who wrote out the
testimony as given in by the witnesses. The evidence produced clearly sustained
the charge, and established that the defendant had proved an aggravated assault
upon the Moraga girl, striking her twice with his gun and inflicting severe
hurts upon her person, while, at the request of his herder, she and her sister
were assisting him to drive the defendant's sheep away from the inclosure held
by the Moraga family. Yoakum was found guilty and fined five hundred dollars,
but gave notice of appeal.

   On the charge of being accessory with William Steele in the killing of
Silverio Monjas, Isaac Yoakum was brought before Justice Wood of Danville on
July 24th, being continued till the 27th, and at the conclusion of the
examination was held upon bail of three thousand dollars to answer to the charge.

   The case of George Steele was tried in Alameda county, before the Third
District Court, whose term commenced February 19, 1872. The case was transferred
for trial on the motion and affidavits of the prisoner's counsel to the effect
that existing prejudice would prevent an impartial trial in Contra Costa county.
The case was set for March 4, 1872, and on that date he was acquitted. He was
then held on the charge of an assault to murder, with bail bonds fixed at two
thousand dollars.


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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