Pescadero Memories

Hi June,

The indignation meetings had stirred the local folks up, they had rearrested the defendants, Kinsey, et al, and people were demanding a new trial. The next court business came two weeks later when the case went before a Grand Jury as described in this article from November 29th, 1873 issue of”The Daily Alta,”

“THE PESCADERO TRAGEDY

CASE BROUGHT BEFORE JUDGE WHEELER FOR REVISION

The Pescadero Tragedy, which has been the subject of so much comment, not merely because of the killing of one of the parties, but also by reason of the farce enacted at the trial before Justice Walch (sic), came up before the Nineteenth District Court, yesterday, for a review of the testimony taken before Walch, on a writ of habeas corpus, issued by the Supreme Court. San Mateo appears to be at present sadly in need of judges. Justice Fox, of Redwood City, is disqualified to hear the case, because he assisted in the prosecution in the first trial. The County Judge is absent, the District Judge is ill, and the prosecution refuses to let Justice Walch try his hand again. The difficulty occurred between Alexander McClean, William Dow, Captain Kenzie, (sic) and wife, George Green and Harvey Green, The latter was killed.

McClean and Dow are the only two parties not out on bail, and they are anxious for a new trial. The machinery for the law in San Mateo county being in an unmovable condition, application was made to the Supreme Court for a writ of habeas corpus to bring the prisoners before the Nineteeth District Court for a review of the testimony and a decision thereon.

John Reynolds, of San Mateo, represented the defendants, and the People were represented by District Attorney Nutting and C. N. Fox. It appearing that the testimony, which is voluminous, is not transcribed from the shorthand notes, and that the Grand Jury of San Mateo County will be in session the week from Monday next, the Court declined to interfere, as nothing could be gained by the petitioners if he were to take up the case . He denied the application, and the prisoners were remanded to the custody of the sheriff to await the action of the Grand Jury.”

They were indicted and just two months later an article in the  ”Sacramento Daily Union,” from the January 28, 1874, issue read:  “San Francisco 27th,  In the Twelfth District Court to-day the trial of Kinsey and his wife, the two McCleans, and W. Dow for the murder of Harvey Green, at Pescadero, was resumed. Fox, of San Mateo, appeared on behalf of the people, and is now making the opening speech, stating the circumstances of the homicide. Reynolds and Campbell appear for the prisoners. A large crowd of people are in attendance.”

A week later it was the defense’s turn and as reported in the “Sacramento Daily Union’s,” February 6th, 1874, issue:

“The counsel for the defendants in the Kinsey murder case opened argument this morning in the Twelfth District Court. They will argue on the theory of self-defense, and defensive of the property of Kinsey against deceased Harvey Green and his brother.”

By the next day, it was over and the ”Sacramento Daily Union,” reported in the February 7th, 1874 issue:  “San Francisco February 6th, The trial of Captain Kinsey and his wife, W. Dow and J. and Michael McClean. for the murder of Harvey Green, at Pescadero, last November, was concluded in the Twelfth District Court this afternoon. The jury, after an absence of an hour and a half, returned a verdict of guilty of manslaughter against all defendants. Sentence on the 24th inst. (February)”

convictions for All. Case Closed? Not yet. For just two months later an appeal for a new trial was made as detailed in the May 9th, 1874 issue of “The Daily Alta.”

“THE PESCADERO TRAGEDY

The argument of counsel on motion for a new trial in the murder case of Charles Kinsey and others found guilty of manslaughter in the killing of Harvey Green was concluded on Tuesday afternoon, and yesterday Judge Sharpstein passed upon it. He granted the defendants a new trial, on the ground that a good deal of the testimony admitted was irrelevant; and ought not have been admitted, and the proper question to have gone to the jury was, “Who commenced the struggle and first drew a deadly weapon?” The defendants were released on $5,000 bail.”

A week later, a hung jury caused the prosecutors to throw up their hands and throw in the towel, blood-soaked or not, as reported in an article in the ”Sacramento Daily Union’s” May 18, 1874, issue:

“It is believed that, as the jury on the trial of Kinsey, Dow and McLane (sic) for the murder of Harvey Green, failed to agree on a verdict, a “nolle prosequi” will be entered in the case.”

“Nolle prosequi”is a legal term meaning the prosecution will not continue prosecution in the case. The defendants are released, not to be retired unless new evidence appears. And so it seems this sad case came to a close, at least in itscriminal considerations.

What happened, thereafter, to the cast of characters of this tragedy, from the two week old son of Harvey Green to the McCleans, I can’t say. But, the final fate of the instigator, Captain Kinsey, was partially revealed in an article from twenty years later, that appeared in  the August 6th, 1896, issue of ”The San Francisco Call,” and headlined a small story with:

“SUDDEN DEATH AT SAN JOSE

Captain Charles Kinsey Passes Away and Papers Worth a Fortune are Found in His Trunk

San Jose, Cal, August 5th, Captain Charles Kinsey, a veteran of the late war, died suddenly last evening at the Jefferson Hotel of heart disease. He was a native of Germany and 80 years of age. He served with distinction as a captain in the War and was a member of the Grand Army. He had been a resident of the coast for about twelve years, during which time he resided at Hayward’s, Pescadero and Saratoga. He came to this city about six months ago.

In Kinsey’s trunk were papers showing he was  possessed of property worth $40,000. About $15,000 of his estate consists of cash and in bank in this city and San Francisco, and the rest is in notes and mortgages.

But little is known of Captain Kinsey in this city. He has a daughter, Mrs. Victoria Goldmerstein, in New York City, who has been telegraphed to regarding the disposition of the body.”