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

   KILLING OF CHRISTIAN SMITH.—The following article is from the Contra Costa
Gazette of July 9, 1881:—

   "Last Monday morning, July 4,1881, about eight o'clock, when the jail cells
were unlocked to let the prisoners out into the corridor for breakfast, Henry
Grosser, awaiting trial on charge of murder for the killing of Christian Smith,
on Marsh creek, in May, did not come out with the others, and one of them
looking into the cell discovered his body hanging from the center ventilating
grating in the ceiling, or crown sheet. All warmth had left the body, and from
facts afterward learned it is supposed to have been hanging there from about
midnight. A jury of inquest was immediately organized by Deputy-Coroner
Livingston, and inquiry as to circumstances of the suicide proceeded with. It
was ascertained by examination that the deceased had knotted a flour sack, of
the fifty pound size, tightly around his neck, and, the ends being short, after
first crossing, to complete the knot, had been laid back and wound with twine to
fasten them. Through the collar thus formed the leg of a pair of drawers had
been inserted, the ends passed up between and brought down over the grating bars
and tightly knotted, the deceased standing upon an empty candle box to do this,
then pushing the box away with his feet and leaving himself suspended, to die by
suffocation, as there was no fall sufficient to break the spinal column, and,
although the hands being free, had there not been great determination to effect
the purpose, he could have reached up and unloosed the knot, as there might have
been an inclination to do for relief from the choking sensation. But it is not
probable that such attempt was made, or some sound of it would have been heard
by the occupant of the adjoining cell, who was awake and heard the noise made by
the box when, as is supposed, it was pushed from under him upon the iron floor.
On hearing this noise the prisoner called to Grosser and enquired if he was
awake, but got no response and heard no further sound. When found in the
morning, the arms were hanging close to the body and the feet within two or
three inches of the floor.

   "Grosser was a German by birth, about fifty years of age, but in appearance
ten years or more older. After having been some years in this country he
returned to Germany, where he married, and came back with his wife about twelve
years ago. They have since had four children, three girls and one boy, the
eldest child is about twelve, and the youngest about one year of age. They have
been living upon Marsh creek some three years, and have been well thought of by
their neighbors, as people of good character and hard-working, industrious
habits. Before moving to that neighborhood they had, either as share partners or
employes business relations with Smith, for the killing of whom Grosser was to
have been tried on charge of murder. The land upon which they lived was
purchased by Smith, and a deed for one-half of it was afterwards made to Mrs.
Grosser, in consideration, as the Grossers claim, of a lot of sheep sold or
transferred in exchange to him. The business of farming and stock keeping on the
place at Marsh creek appears to have been engaged in upon some partnership basis
or understanding between the Grossers and Smith, and there has, within the past
year, grown up difficulties about settlement of the business between them.

   "Smith's family lived at Oakland, but he was frequently at Marsh creek, and
spent considerable of his time at Grosser's. A short time before Smith was shot,
Grosser said his wife had informed him that he had made grossly improper
proposals and approaches to her, which greatly shocked and enraged him. He then
resolved to resent a repetition of such insults should they be offered, and on
Smith's next visit to the ranch he armed himself with a pistol, procured for the
purpose, and seeing him enter the milk cellar, he followed to find that he had
seized and thrown Mrs. Grosser upon the ground; he thereupon fired; the shot
missed, and Smith ran out, but, as he passed, he fired again, shooting him in
the arm. Smith continued running until he fell on receiving another shot in the
body, from the effects of which he died two days afterward. Grosser, after
calling to a man near by and telling what he had done, ran to a neighboring
house, which he entered in a frenzy of excitement and said he had killed Smith.
Neighbors were quickly gathered, who removed Smith to the house, and found Mrs.
Grosser upon the milk cellar floor in a swoon, with her lower limbs exposed
below the knees. It was half an hour before she became conscious and was able to
relate the circumstances of the assault until the moment of being thrown upon
the ground, when she swooned, and became unconscious. The statements of the
circumstances made by Grosser and his wife were accepted as the truth by the
neighborhood generally. But rumors soon gained currency that an improper
intimacy, known to Grosser, had subsisted for some time between his wife and
Smith, and that the story of the assault upon her had been invented to furnish a
reason for killing him in the hope of thus being able to avoid payment of what
they owed him. It was upon such testimony as was offered in support of the
charge or theory of such a design that Grosser was held for trial on the charge
of murder, the case having been set for Tuesday next.

   "All day Friday, Saturday and Sunday were spent by Mrs. Grosser at the jail
in company with her husband, and she seemed deeply distressed by the reports
reflecting upon her character and the charges of plotting the murder of Smith.

   "About ten o'clock Sunday night Grosser called to Robert Lyle, in an
adjoining cell on one side of his, and asked if he could lend him a pencil. Lyle
replied that he could, and threw his pencil up through the ventilating grating
in such a way that it fell through the grating of Grosser's cell. With this
pencil" he is supposed to have concluded a writing, covering four or five sheets
of note paper, commencing with a date of 'July 1.' This writing was found
between the pages of a magazine or pamphlet in the cell. It is somewhat
disconnectedly written, and is without signature. In substance, with immaterial
omissions, it is as follows:

   " 'I herewith make a statement. From what I hear, they are making numerous
charges against me and my wife. About the larceny of sheep, when under
attachment, I had no reason to suppose I was doing wrong in moving them over the
county line. Mr. White and others knew all about that matter. I was attending to
the sheep for Smith, and always thought he was a respectable man until of late.
The horses and stock were assessed to me and my wife by Smith's request, as he
said it would be better to have the taxes all paid together. A year ago last
Fall Smith requested me to sell the cattle if I could get $25 per head for them
all round. I told him it would be impossible, they were too poor, and he then
told me to do the best I could with them. When he came back from Europe he was
well satisfied with what I had done. I told him about the crop and everything.
He thought it best not to sell the grain until it would bring a better price. I
gave him an order on Charles Clayton to sell, and understood him to say he had
sold, but don't know as yet what he got, but told me he had the account.

   " 'When we undertook to settle I knew I owed him. I proposed to let him have
the growing crop. He said he would rather not take it, as there was no telling
what it would he. I know he has paid out money for lumber and other things. I
would have settled with him but he would not pay half the store bill as he had
agreed. He had boarded with us most the time last Winter, and I had kept no
account of it. I had also boarded all the men chopping wood, and had hauled it
for him to Brentwood.

   " 'When we commenced farming together I was to have half his horses, two of
them valued at $150 and three others at $60. I had two cows, one died, and the
other was with calf. I let him have that one for another from which I raised a
calf until it was a cow. I let them run with his. He had a great many and I was
to have the pick of two from the lot, but he took away all the calves and said
he would make it all right. When we first started with sheep I had $700 coming
to me for which I and my wife had worked and which I took in lambs at $2 a head.
I then turned them over to him and went to work for him at $30 per month. My
wife was cooking for herders and shearers when the sheep were sheared at the
place where we lived, and sometimes at other places. I worked for him until I
moved over to Marsh creek.

   " 'In regard to this affair, most any other man would have done the same. I
am satisfied my wife never had any improper intercourse with Smith or any other
man. I was never inside a jail until now. I never spent money unnecessarily. All
I had I got honestly. I hear they are trying to make out that my wife is a
prostitute, which I can't listen to no more—that hurts my feelings so much that
I am tired of living.' "

   Then follows a statement of small sums due, from Smith and himself together,
to various individuals, and the writing concludes as follows:

  " 'I never, never thought of getting in this trouble a day or two before it
happened. I often walked from place to place. I did not know what I was looking
for. I am indebted to Mr. Welch $12 for that pistol. I think I am going to a
better world. I forgive everybody the same I would take myself. I was too easy
(or accommodating) for my own good.'"


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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