Up Before The Bar - San Joaquin County Historical Museum

Up
Before
The
Bar
The story of Sheriff Thomas Cunningham By Kimberly Williams
San Joaquin Historian Vol. 12 No.4· Winter 1998
THE SAN JOAQUIN HISTORIAN QUARTERLY JOURNAL OF THE
SAN JOAQUIN COUNTY HISTORICAL SOCIETY
Volume XII Number 4
Winter 1998
This issue . ..
Daryl Morrison, Editor II,like Henry, Production Editor Published by THE SAN JOAQUIN COUNTY HISTORICAL SOCIETY, INC. Micke Grove Regional Park P,O, Box 30, Lodi, CA 95241-0030 209-331-2055 • 209-953-3460 President.. .......................... Helen Trethewey
Vice Presidents
Immediate Past President. ..Craig Rasmussen
Finance ...................................... Mel Wingett
Publications ........................ Christopher Engh
Secretary ........................ Elsie Austin Forbes
Treasurer...................... Robert McMaster
The Society, a nonprofit corporation, meets the
fourth Monday at 7:00 p.m. in February, April, June,
September, and November. Membership includes sub­
scriptions to the San Joaquin Historian and the monthly
newsletter, news and Notes. Additional copies may be
purchased at the Museum.
The Society operates the San Joaquin County His­
torical Museum at Micke Grove Regional Park in part­
nership with San Joaquin County. The Society main­
tains an office at the Museum.
Manuscripts relating to the history of San Joaquin
County or the Delta will always be considered, The
editor reserves the right to edit and shorten material
based on local interest and space considerations. In­
quiry should be made through the Museum office.
SAN JOAQUIN COUNTY HISTORICAL
SOCIETY AND MUSEUM
MICHAEL W. BENNETT
DIRECTOR
©1999 San Joaquin Historical Society Inc.
Sheriff Thomas Cunningham was recognized as
one ofthe most-outstanding law enforcement officers
in the history ofCalifornia. He was remarkable for his
humanitarian approach for dealing with those under
his authority and his meticulous detail in record­
keeping. His work served as a model for other law
agencies. Certainly, he was one of San Joaquin
County's most notable figures.
Sheriff Thomas Cunningham retired in January
1899 after twenty-seven years of service. It seems
appropriate that we should celebrate his career on this
centennial anniversary of 1999. Our author, Kimberly
Williams, was a student of Delmar McComb's history
class at San Joaquin Delta College when she wrote this
paper in 1991. Williams worked many hours studying
historical resources at the San Joaquin County
Historical Society, the Holt-Atherton Department of
Special Collections at the University of the Pacific,
and private collections to bring together a picture of
Cunningham's career. Her paper builds on several
previous articles including R. Tod Ruse's "Portrait of
Thomas Cunningham-- Man and Sheriff' in Valley
Trails (Stockton Corral of Westerners, December
1966) and Theodosia Benjamin's "Sheriff Thomas
Cunningham" in The San Joaquin Historian, Vol. VII,
No.3, June 1971. [Theodosia Benjamin is the great­
niece of Thomas Cunningham; Cunningham's sister
Elizabeth married Charles DeWitt Benjamin].
Unfortunately, we were unable to locate Kimberly
Williams this year, so we hope she learns that her work
has seen the light of publication, and that her efforts
are appreciated in bringing a significant individual to
our attention once again.
COVER PHOTO: Thomas Cunningham, Sheriff of San Joaquin County
from 1871 to 1899. ca. 1890. (Courtesy ofthe Holt-Atherton Department
ofSpecial Collections. University of the Pacific Library).
The Story of
Sheriff Thomas Cunningham THE OFFICE, THE MAN n January 3, 1899, San Joaquin
County's sheriff, Thomas CUillling­
ham, was ordered to appear in Supe­
rior Court before Judge Budd. Sheriff Cun­
ningham was quickly found guilty and instructed
to approach the bench to receive his penalty. The
judge then pronounced the sentence:
O
... it is the duty ofthe court to impose on
you at the request of the attorneys of this
bar and the county offiCials for the purpose
of showing the high appreciation they al­
ways have had ofyou, and ofthe manner in
which you have discharged your important
duty.l
The court clerk placed a small box on
Cunningham's desk which contained a silver cut­
lery set. On this day, Thomas Cunningham re­
tired after twenty -seven years ofservice as county
sheriff. When handing his pistol over to the new
sheriff, Walter F. Sibley, Cunningham offered this
advice, "I have never had any use for it It is only
to be used ... when your life is in danger or when
you are positive that a prisoner that has commit­
ted a felony is trying to escape." He then handed
over a set of handcuffs to Sibley saying:
These are notfor exhibition, butfor use.
When you arrest a man whom you have
reason to believe will attempt to escape, it
is your duty to put them on him. Other­
wise you hold out an inducement for that
man to kill you and thus commit another
crime in endeavoring to escape. 2
While Cunningham was the sheriff, Stockton
was considered one of the most law-abiding and
orderly cities in the American West. 3 One jour­
nalist wTote after Cunningham's death, "Crimi­
nals soon learn to give the county a wide berth
and few ever escaped from him, once he set out
on their trail. "4
During his years as sheriff, Thomas
Cunningham kept no set hours. Whenever a call
came for him, he would be in the saddle within
minutes. Cunningham even kept a stable of well­
bred horses for himself and his deputies. 5
The type of
handcuff'!
Cunningham
handed Walter
Sibley.
(Courtesy of
Tod Ruse).
Early in his career as sheriff, Cunningham
decided never to take a human life unless, in his
own words, "under all circumstances it becomes
absolutely unavoidable." Years later one of
Cunningham's deputies recalled Cunningham
never used a gun to make an arrest. "Mr.
Cunningham just said, 'You come with me,' and
they always came."6
Although Cunningham never found it neces­
sary to shoot a man, he sometimes shot the ani­
mal the fugitive was riding. An example of this
occurred in the Livermore Valley while
Cunningham was searching for an escapee from
San Quentin Prison. Cunningham sported the man
and ordered him to stop, but the man took off on a
horse. CUilllingham loaded his shotgun and shot
the horse. Though the man escaped, Cunningham
returned to Stockton saying he would get the man
in the morning, and he did. 7
Cunningham was the subject of such admira­
tion that upon his death the Fresno Republican
would vvTite that it was "Not saying too much to
declare he was the best sheriff California has
known" and it was not San Joaquin County that
had sustained a loss, but the State of California.
Who was this wild west sheriff with such integ­
rity?8
Thomas Cunningham, the youngest of seven
children, was born in Killashee, Ireland, on Au­
gust 17, 1838. At the age of ten, he and some of
his family immigrated to America. They settled
in Brooklyn, New York, with sisters who had im­
migrated earlier.
While in New York,
Cunningham was apprenticed under his brother­
in-law, as a harness maker. Cunningham devoted
his spare time to night schoo1. 9
Seven years later, Cunningham traveled to
California by way of the Panama Isthmus. On
June 16, 1855, he arrived in San Francisco aboard
the steamer Sonora. He soon settled in Stockton
where two of his sisters, Mrs. Elizabeth Benjamin
and Mrs. Catherine Littebrandt were living. In
Stockton, Cunningham continued to ,vork in har­
ness making. lo
On August 21, 1860, Cunningham became an
American citizen, II and a year later, he married
Catherine Burke. [Editor's note--other sources
list name as Catherine Quirk. The gravestone is
almost illegible, but appears to be Quirk]. On
October 13, 1862, Lillian, the couple's first daugh­
ter, was born. Margaret, the couple's second
daughter was born eight years later on July 25.
1870Y
On March 28, 1875, three years after he took
office as sheriff, Cunningham's wife Catherine
gave birth to their third daughter Katherine. The
happy event was soon followed by tragedy. On
April 4, after fourteen years of marriage. Mrs.
Cunningham died. The cause of her death is listed
in Stockton's Rural Cemetery records as child­
birth. Mrs. Cunningham's funeral was described
as the largest in Stockton, but during the services,
at the Central Methodist Episcopal Church by
Reverend H. B. Heacock, the family pew was va­
cant. The coffin was engraved "Blessed are the
pure in heart, for they shall see God."13 Thomas
Cunningham never remarried.
In 1857 during the Fraser River gold fever,
Cunningham and several prominent Stockton citi­
zens went to Victoria, British Columbia, on the
steamer Pacific. J..l Cunningham did not stay long.
On September 30, 1857, he bought one of his first
pieces ofproperty in Stockton. The property, pur­
chased by Cunningham and Henry F. Horn from
a Richard P. Hammond for $200, was located near
the north,vest corner of California Street on Chan­
nel Street. Three days later Cunningham bought
out Horn for $250. It appears the property was
collateral for a $200 loan from Horn to purchase
the 10tY
In most writings on Cunningham the only
property mentioned as owned by him are lots ten
and twelve on Block One, near the northwest cor­
ner ofEI Dorado Street on Main. A common mis­
representation concerning this property is that
Cunningham purchased it from J. W. Scott in
1860. While the City Directory lists Scott as the
owner of the property in 1860, the property deed
shows Cunningham bought the property in 1866
for $2700 from M.L. Bird on November 20. 16
Over the years Cunningham purchased many
pieces of property. One such purchase was made
in 1885. Cunningham and a few others entered
into a partnership. The partnership was divided
into tenths, with Peter Ellis. saloon keeper; Jo­
seph Fyfe, bookkeeper; William R. Clark, con­
tractor and builder; m.vning two shares each, and
Thomas Cunningham; Chairman of Board ofSu­
pervisors, A. Leitch, also a farmer and stock raiser;
W.F. McLellan; David Young, farmer and manu­
facturer of agricultural implements; and Alonzo
Rhodes. Notary Public, owning one share each.17
The group acquired three pieces of property on
the outskirts of Stockton for a total of $11 ,300. 18
On July 10 two years later, Cunningham
deeded his share of the property to Joseph Fyfe
and A. Leitch for one dollar. Eight months later
on March 11, after buying out all the partners. W.
R. Clark, A. Leitch, Joseph Fyfe, and Peter Ellis
sold the land to the Stockton Street Railroad Com­
pany for $16.000. 19
In 1857 Cunningham was elected to serve as
a member of the Eureka Engine Company Num­
ber Two ofthe Stockton Vol­
unteer Fire Department.
Cunningham served for eight
years. 20 Soon after his elec­
tion, Cunningham was named
"Foreman." Until 1864. any
man elected to the office of
Chief Engineer of the Stock­
ton Fire Department was a
volunteer and did not receive
any salary. Possibly because
of this, the city was unable to
find anyone willing to take
the position. In fact, the year
before, the man elected re­
fused to serve. Eventually the
question of salary was settled
Cunningham's Colt Revolver. (Courtesy ofTod Ruse).
when the city agreed to pay twenty dollars a month. And so, on October 25, should use a more obscure route to the waterfront.
1864, Cunningham resigned as Foreman of Eu­
He predicted ifthe railroad was kept off of Weber
reka Company, and took on the duties of Chief Avenue, Weber would become a maj or thorough­
fare in the city. He was the only member to reject
Engineer. 21 He served four terms as Chief Engi­
the proposalY
neer in 1864, 1865, 1868, and 1869.21 While Chief Engineer, Cunningham was
In the fall of 1871 Cunningham was named
elected to the Stockton City Council. In 1870,
the Republican candidate for San Joaquin County
Sheriff and was elected by a wide majority on
five years after first serving on the City Council,
March 4, 1872. Many predicted the kindhearted
Cunningham was again elected. It was during this
harness maker would be a disaster as sheriff. His­
term the Stockton & Copperopolis Railroad asked
the City Council for the right of way down Weber
tory demonstrates these doubts were unfounded. 24
A venue to the port. Cunningham felt the railroad
SHERIFF CUNNINGHAM n 1874 two years after Cunningham took
office, Tiburcio Vasquez, one of Cali­
fornia's most feared and notorious Mexi­
can bandits, and two others committed the Tres
Pinos murders. \\lhile robbing a store in Monterey
County, the outlaws murdered the owner and three
others. In response the State Legislature appro­
priated a $5,000 reward for Vasquez. Harry Morse
ofAlameda County wa<; chosen by Governor New­
ton Booth to track down Vasquez. Morse chose
Cunningham and Benjamin Thorn of Calaveras
County to aid him in the pursuit. The three men
trailed Vasquez for several months, and on May
I
13, 1874, near what are today the Hollywood Hills,
Vasquez was captured. Vasquez was tried and
convicted in San Jose and was hung on March 19,
1875 at the San Jose jailY
For his help in capturing Vasquez,
Cunningham was given a grey saddle horse and a
silver-mounted black leather saddle. Cunningham
and this gift soon became a common sight at all
city parades and celebrations. Later, the saddle
was donated by one of Cunningham's daughters
to a raffle during World War I to benefit the Red
Cross. Cunningham's saddle was eventually re­
turned to his relatives who gave it to the San
Joaquin County Historical Museum in 1968,
where it remains today.26
In the manhunt not all of Vasquez's men were
captured. One of these men was Isador Padillo.
During the following year Padillo and his gang
harassed the citizens of California. They report­
edly stole more than $20,000 from Wells Fargo
alone. Wells Fargo responded by suspending ser­
vice to several northern California counties.
Cunningham, Sheriff Ben Thorn, and Jim Hume
from Wells Fargo worked together to bring Padillo
and his gang to justice. An informant finally gave
the lawmen the location of PadilIo's two hiding
places. It was decided to raid both hideouts at the
same time. Cunningham would attack the hide­
out in Doty's Flat while Thorn and Hume stormed
the one near JacksonY
Law officials employed two different
tactics in capturing outlaws...
gain the outlaws' surrender by out­
numbering them, or
a small posse ofgood guns to
shoot it out with the outlaws
Cunningham's favorite raiding method was to
have a massive posse surround the outlaws. When
the outlaws saw that they were outnumbered, they
would surrender without a fight Thorn, on the
other hand, preferred a small posse of good guns
to shoot it out with the fugitives. This time
Cunningham's method proved much more effec­
tive. 28
At 4:00 A.M. on December 22, 1875, Thorn
and his three men left for the hideout near Jack­
son. They were spotted and after an exchange of
gunfire, one fugitive escaped. This man was not
captured for three months. In contrast,
Cunningham and his posse ofwell-armed lawmen
had no trouble surrounding the hideout at Doty's
Flat. The outlaws quickly surrendered without a
fight29
Cunningham believed strongly in his method
of attack. Once he even refused to participate in
an attempt to capture two notorious robbers. The
robbers were known to be in the Fresno area. The
sheriffs of the surrounding counties were asked
to help. Recognizing the dangerousness of the
two, Cunningham proposed that fifty or more men
surround the fugitives forcing a surrender. His
plan was rejected. The adopted plan seemed too
risky to Cunningham, so he returned home. Later
when the small posse surrounded the hideout, the
malefactors decided to take their chances with a
gunfight. The outlaws killed or wounded several
members of the posse and then escaped. The two
were not caught until much later at the cost to the
State of more than $200,000 with more valuable
lives lost. 30
Cunningham used many different variations
of this "attack style" to handle potentially explo­
sive situations. He used one variation during the
Moquelemos Land War. The dispute arose when
the American government denied the validity of
Governor Pio Pico's 1846 Los Moquelemos Land
Grant. The situation was compounded by the gov­
ernment granting some of the land to the railroads.
The railroad then sold offpieces ofland to finance
the laying of track. One buyer was Charles K.
Bailey who bought 160 acres. Later, homestead­
ers, thinking the land was open, settled and sowed
crops, including Daniel Murray who settled on
forty acres of Bailey's land. 31
Early in July of 1884, Cunningham was sent
with a writ to attach the grain grown on the land.
The writ was issued in the case ofL. W. Goodwin
of Mokelumne Hill against Bailey, to recover a
$2,400 promissory note. It was rumored that
Bailey asked his friend Goodwin to sue him, and
attached the grain, hoping to force the squatters
off his landY \Vhen Cunningham arrived, the
settlers refused to allow him to take the grain. As
a compromise the settlers offered Bailey a quarter
of the grain as rent Cunningham relayed the of­
fer to Bailey, but it was refusedY
Cunningham surmised that mediation was now
out of the question. He recognized the potential
for trouble and returned to Stockton for backup.
The Stockton and Emmet's Guard, under Briga­
dier-General James A. Shepherd, was called out
The call to report went out by 2:00 A.M. on July
9. 3-1 By 3:30 A.M., while the ninety-two men of
the guard were readying to leave, Cunningham,
still hoping to avoid a conflict, headed for
Moquelemos. Twenty minutes later the guard left
Stockton. 35 Cunningham arrived shortly before
the army and advised the sixty armed men guard­
ing the harvested grain of the militia's imminent
arrival. The settlers, who had planned to resist,
backed down when the soldiers came into view. 36
The army set up camp and readied for trouble.
The following afternoon blood was accidentally
spilt. When one of the guard's tents burned and a
box of shells inside exploded, Corporal L. F.
Salbach was hit just above the sole on his right
foot, and William Gibbons was struck on the left
forefinger. In the end the militia occupied the area
for ten days with no other crisis. 37 After many
years of court battles Bailey eventually won and
many of the settlers lost everything. 38
CUNNINGHAM'S STYLE unningham is credited with changing
many law enforcement techniques.
He tried to get California lawmen to
work together. To accomplish this he supplied
lawmen with a book which listed the names of all
officers in the State of California. In the 1893
eleventh edition, Cunningham explained the rea­
son for publishing the list
C
... believing that we might thereby more
easily communicate H'ith one another,
and in our official relations render that
assistance, the one to the other, that will
make us more efficient in the discharge
ofthose duties that the people elected us
to perform. I thereby be5peak your
earnest cooperation with all Peace
Officers in all their efforts for the
apprehension ofpersons charged
with crime, andfor the strict and
impartial enforcement ofthe penal
laws ofthe State and the recovery
and restoration to the owners of
all property taken in violation
ofsaid laws.
Respectfully yours,
Thomas Cunningham,
Sher iff 9
Another method Cunningham used to share
information to capture criminals who left the area
was to send out postcard warrants all over the state.
Cunningham was a pioneer in the science ofcrimi­
nology' he studied habits, methods, and motiva­
tions, and compiled volumes of news clippings
and other data on American crime. His rogues'
$25.0Q:J~,EYVARD.
:/)'" .~. ):~':,
8tolt'll, ill thi.:i t:il~', III( dle I!i~ht (if_"J~I.l~ ,'I,lh, 1M~!3. ,HlC fblllbkr ui('ydl",
I"H!\lmulit: til't>, wood rim, :,;t\,lt· 14 •.:so. ,j.3~:~ \l;1it'h i .. l'!C:dt'ti ,HI [lit:' r,;;lr fr.\1II~·
jn~t uetuw s,hldle'po::-t ,;t't'i!e;e\~:,' i:o~~d:.bo~ilOlit;V" h:tIldlt>-u.tr,., G .\: .T. ~.,dJI~);,O"
:1. 1~!1"". lliek~l.pl:lt€'r1 iron Iled;ll'8;'h~ A"mall ~ece of aiJ.llg!lLH irull Oll the tllld<:r
sir1e of M,tflle tIl f;i$len Ii tlllb)' :ileilt 10, the l'l)pper plHft:! "11 the front pUrl 1)1' t'r,ltlle
h:lo!! beeo 'H:hlt~hetl t:on~idt'I";l.hl.r; ~'!:l new hicycle. only ht'!;,l1 u:-"C'J a IJI.)LlliJ.
I will pur lin' tlh\}n~ re\~'ard 1~lr :\rr..~t and t:'Hwidi"n 1)1' thi,,;!" ,llId rt-\,iI'I"l'ry ,,(
the property. I r t'q\lll'J, ,;lrn.."t .md tt'le:~r;lph lilt', I h,,:.[ ",lrr.IllI; ('hud" :.!:I';li"!
ttrN'uy.
TIlO~.
(T""r:-C;fLDf,
One of Cunningham's postcard warrants. (Collrtesy of
Tod Ruse).
gallery was one of the largest in the nation and by
the time he retired, had cost him personally
$20,000. The collection, known as The Sheriffs
Museum, held nearly 42,000 photos and more than
1,000 weapons and other items from California's
criminal history. 40
On September 1, 1889, Cunningham donated
his collection to the people of San Joaquin County
and named the County Board of Supervisors as
trustee. The collection was kept in the County
Courthouse in one of the rooms reserved for the
sheriiI. The collection gave mute testimony to
Cunningham's career. 41 It is believed the collec­
tion was dismantled and disposed of in the 1930's.
Cunningham performed his first hanging one
year after taking office. On March 3, 1873, John
J. Murphy, convicted ofthe murder of his brother­
in-law, was executed by his friend of eighteen
years, Thomas Cunningham. 42 In his efforts to
make county executions (the duty he abhorred
most) more efficient, Cunningham refined the
technique and apparatus. He de­
vised a double trap door gallows.
The single door gallows tended to
slide out from under the con­
demned person causing the body
to swing in the air, making an aw­
ful scene worse. Cunningham's
double doors dropped straight
down, thereby eliminating most of
the swing. Another innovation
was to have other weighted ropes
keep the doors from banging
against the sides of the platform,
when the rope which opened the
doors was cut. His improvements were copied
around the country . .13
On June 29,1886, Cunningham conducted the
last legal hanging in the county, when convicted
murderer
French was hung. The following
year the state legislature passed a law requiring
all executions be carried out in state prisons.
Cunningham \'vas never forced to employ his in­
vention again ..j.1
The executions had been carried out at the sec­
ond jail built in San Joaquin County. The first
jail had been built in 1853. The inmates were re­
located from rented quarters in the basement of
the MacNish Building. Sixteen years later the jail
\vas tom down and a new one built on the same
site. The jail was located on Market Street be­
tween Hunter and San Joaquin Streets, now the
site ofthe south end ofthe Fox Theater. The two­
story brick building served as both the city and
county jaiL-l5 While Cunningham was in office,
his Chinese cook prepared the prisoners' meals in
the Cunningham home located on Market Street,
between American and Stanislaus. Every holi­
day all prisoners received a complete turkey din­
ner..J6
As time passed and Stockton grew in size, the
conditions in the Market Street Jail consistently
declined. By using chain gangs, Cunningham
eased the overcrowding. But as time passed, the
need for a ne\v jail became more apparent. In July
188 La ne\v jail designed by David Salfield, unThe Sheriff'S iUuseum (Courtesy ofTod Ruse).
Photograph ofthe iUarket Street Jail. (Courtesy of
Tod Ruse}.
Cunningltam's Castle (tlte San Joaquin COl/llty
Jail), 1890. (John Pitcher Spooner,
photographer. Courtesy ofthe Holt-Atlterton
Department ofspecial Collections, University of
the Pacific Libral)~.
der Cunningham's direction, was planned by the
city to replace the old facility. Cwmingham's son­
in-law, the owner of the S. Confer Company. won
the contract to build the new jail. Construction
began in 1891. After continued funding problems,
the county took ever the project on September 10,
1892. The jail was finally completed in 1893, at
the cost of more than $90,000Y The new build­
ing was regarded as the finest prison in the coun­
try. The jail had its own gas well which supplied
fuel for heating and cooking. Cunningham's
Castle, as it became known, was located on the
northwest corner of San Joaquin and Channel
Streets.-I8
THE DEATH OF TERRY ne of Cunningham's most scrutinized
actions was his handling of the kill
ing of his friend and advisor of sev­
enteen years, California's dueling judge, former
California Supreme Court Chief Justice David S.
Terry. -19 The shooting resulted from a feud be­
tween Terry and United States Supreme Court
Justice Stephen J. Field. also a former state chi~f
justice. The feud began when Sarah Althea Hill,
who later became Terry's \vife, hired Terry as a
lawyer. The case dragged on for four years until
Field, riding circuit judge, gave an unfavorable
ruling, and the Terrys started a fray in the court­
room. David Terry threatened Judge Field.
Because of the threats Field, again riding the
circuit, \vas assigned a bodyguard, Deputy Lnited
States Marshall Dave Neagle. Neagle was a
O
former chief ofpolice of Tombstone, Arizona. On
August 14, 1889, the train Field was riding on
stopped for breakfast at the depot in Lathrop. Field
and his bodyguard got offto eat. The Terrys were
also on the train and left the train to eat. David
Terry saw Field eating breakfast and approached
the table. Terry slapped the judge twice in the
face and Neagle, wearing a belly pistol, shot Terry
twice. Terry was dead before he hit the floor.
Neagle was placed under arrest at the scene and
taken to San Joaquin County Jail. Sarah Terry
s\vore out a warrant for Field's arrest. The war­
rant was given to Cunningham to serve. 50
Cunningham's commitment to duty was such
that, even though he questioned the legality ofthe
charges against Field, he carried out his assign­
ment. The next day Cunningham went to San
Francisco. He arrived at the Palace Hotel and
found it packed with reporters, judges, laVv'Yers,
and police officers. Visiting Field in his hotel
suite, Cunningham apologized profusely and ad­
vised the justice of the reason for his visit. The
two agreed they would meet the next day to ex­
ecute the warrant. On the arranged day
Cunningham went to the Federal Building and met
Field in his private office. Doing his duty,
Cunningham arrested Field who already had his
bail arranged. Cunningham had saved Field a trip
to jail.
Later the murder charge against Field was
dropped at the direction of Governor Robert
Waterman. Neagle's case went all the way to the
to arrest everyone involved. A well-known legis­
lator tried to reason with him. Cunningham sim­
ply said, "Senator, wipe that statute offyour books
and your men may gamble all they please. I have
to enforce the laws." The threat of arrest worked
and the games were canceled. 52
Cunningham's compassion for crime victims
was also well known. One account describes the
help he gave a young English emigrant. After
\vorking for three years, the young man took his
entire earnings to San Francisco to deposit in the
Hibernia Bank. Before he could deposit the
money, he was drawn into a game of chance by a
local gambler and lost all his money. The situa­
tion was brought to Cunningham's attention. On
his next trip to San Francisco,
Cunningham visited a friend, a cap­
tain in the San Francisco detective
force. Cunningham and the captain
paid a call on the gambler.
Cunningham's fame was such that,
when the detective told the gambler
of Cunningham's interest in the case,
the gambler willingly returned the
man's money. 53
Cunningham was not only will­
ing to go out of his way to right a
wrong, but he often went out of his
\vay to keep a wrong from occurring.
One such incident occurred during the
depression of 1894. Cunningham's
Cunningham (seated at center desk) in his office in San Joaquin County,
wise and judicious handling ofa gang
ca. 1895. (Courtesy ofthe Holt-Atherton Department ofSpecial Collections,
of unemployed workers earned him
University ofthe Pacific Library).
much praise and admiration. Many
United States Supreme Court where, in a land­
members of the group were victims ofthe depres­
sion. They intended to meet in Sacramento and
mark decision, it was ruled that local authorities
then join Coxey's Army in their march to Wash­
could not prosecute a federal officer for actions
ington, D.C. After gathering, many never left for
taken in the line of duty. Cunningham's handling
Washington, instead they lived for several months
of his duties spared him the criticism which fol­
on the city's charity. When Sacramento's gener­
lowed many of those who were involved in the
incident. 51
osity wore out, the crowd headed toward Stock­
ton. Cunningham, hearing of their approach, ap­
Cunningham did his duty and dealt with all
peared before the County Board of Supervisors
law breakers no matter what their status in the
and successfully requested a small sum of money
community. He displayed this attribute one year
to try and avoid a problem.
during the district fair. A group of leading citi­
The group had also heard of Thomas
zens issued gambling permits for games at the fair.
Cunningham. Fearing a hostile reception, the mob
When Cunningham heard about it, he threatened
Cunningham retiring after 26 years and 10 months of continuous service, January 2, 1899 witlt his entire force of
deputies. Top row left to right: George Black, General Outside Deputy; William O. Wall, Clerk and General Deputy;
Thomas Cunningham, Sheriff; .4fark Smith, Court Deputy; Bemard Cassidy, Court Deputy. Bottom row: Jos. M.
Long, Under Sheriff; Thomas A. Benjamin, Jailer; R. J< Hauks, Assistant Jailer. (J. Pitcher Spooner, photographer.
Courtesy ofthe Holt-Atherton Departmellf ofSpecial Collections, University ofthe Pacific Library).
neared the county warily. Cunningham shocked
them all. He met the group at the county line and
escorted them to Banner Island where he hosted a
banquet. Afterward, a tug and two barges arrived
to carry the group to San Francisco. This was
greeted with cheers. In less than a day,
Cunningham was able to get the crowd out of San
Joaquin County, in good spirits, and without even
a single adverse event. A prominent Stockton citi­
zen expressed the feelings ofmany when he said,
"Sacramento may have her railroad shops and her
state capitol, but Stockton has her Tom
Cunningham. "54
THE END OF AN ERA t the age of sixty, Thomas
Cunningham, after twenty-seven
years (with only one week off) had
earned a rest. On January 3, 1899, Cunningham
left the office of Sheriff. After his retirement
Cunningham campaigned on behalf of the Repub­
licanParty. In November 1900, following the elec­
tion, Cunningham left Stockton for Angels Camp
as the guest of W. C. Ralston, president of the
Melones Mining Company and the Republican
Assemblyman Elect of Calaveras County.
Cunningham had been persuaded to attend a Re­
publican celebration. The day before Cunningham
left, he returned from San Francisco complaining
of being tired. On the morning of the trip,
Cunningham's daughter Lillian woke him and af­
ter breakfast he left stating that he might not be
back. 55
Cunningham was accompanied by Samuel M.
Shortridge. The trip from Milton to Angels Camp
was enjoyable. Shortridge later said Cunningham
appeared lighthearted and in the best of health.
The two reached Angels Camp early Saturday af­
ternoon and attended the RepUblican celebration
that evening.
On Sunday the men traveled to the Melones
Mining Company, near Robinson's Ferry, to rest
before heading to Sonora. Before turning in,
Cunningham made plans to catch an early train to
Stockton. At sunup, he ate well and talked cheer­
fully, saying he felt fine, but business called him
home. Ralston, bothered by a severe cold, did not
take Cunningham the eight miles to the station
but sent his driver, A. Barlow, instead.
Barlow stated, about two miles from
Robinson's Ferry, Cunningham complained he
was having trouble breathing and asked Barlow
to hurry to Tuttletown, where he hoped to see a
doctor. As they approached Tuttletown,
Cunningham weakened and needed Barlow's help
to stay erect. After reaching Tuttletown,
Cunningham got out of the buggy but seemed dis­
oriented. Barlow assisted Cunningham to a seat
on the hotel's porch and went for help. When
Barlow returned, he found Cunningham had fallen
from his seat. Cunningham was helped onto a
A
lounge in the hotel's parlor, and the doctor was
called from Robinson's Ferry. Cunningham did
not speak again and died before the doctor arrived.
At the inquest in Tuttletown, the doctor stated
Cunningham died of heart failure, though none of
Cunninghanl's friends ever recal led him mention­
ing any heart trouble.
When Barlow returned with the news, the
coroner in Sonora was notified at once, and word
was sent to Cunningham's family. The inquest
was hurried along and Cunningham's remains
were soon on their way to Jamesto\vn where a
special train was waiting. The train left shortly
after 1:00 P.M., but was delayed when it derailed
near Cooperstown. 56
The morning of Cunningham's death, Mr. S.
D. Woods related the tragedy in Superior Court
before Judge James Budd and Judge Jones. Woods
made a touching speech describing Cunningham
"as gentle as a woman and as brave as a lion." He
then proposed a committee be selected to make
burial plans, and that in Cunningham's honor, the
court be dismissed. Woods' proposals were agreed
upon. Before the court adjourned, Judge Budd
gave a short eulogy stating he felt that he had suf­
fered a personal loss. Tears were seen in every
eye in the courtroom. 57
Sentiments following Cunningham's death
were described in the Stockton Independent as "A
deeper sensation than any similar occurrence has
ever produced." The funeral was the largest in
San Joaquin County history and was attended by
law officers and prominent people from all over
the state. Many ofthose unable to attend sent tele­
grams. One such telegram was received from
William Pinkerton head of Chief Detective Bu­
reau of United States in Chicago, to John D. Gall,
Stockton Chief of Police:
Please convey to family of ex-sheriff
Thomas Cunningham my heartfelt
sympathy in the great loss which has come
upon them.
The services in the Cunningham home were
conducted by Reverend Dr. W. C. Evans of the
Central ~lethodist Episcopal Church. The pro­
cession got under way about 12:30 P.M., with at
least five hundred marchers. During grave side
services the sun broke through the overhanging
clouds offog. Cunningham's marker reads:
Today Thomas Cunningham rests in the Stock­
ton Rural Cemetery in the family plot with his
\vife and t\vo daughters. His third daughter
Katherine Boggs, rests yards away in the Boggs
family plot.
Faithful toiler, thy work all done,
Beautiful soul, into glory gone;
Virtuous life, with the crown now won,
God giveth thee rest.
LARGER THAN THE LEGEND or more than forty-five years Thomas
Cunningham called Stockton home. and
anything for its betterment received his
support. His life was full of deeds of charity. His
kind sympathy for even the most hardened crimi­
nal (once he submitted to Cunningham's author­
ity) was well known. 60 For all but two ofhis forty­
five years in Stockton, Thomas Cunningham
served his community. As a fire fighter, and as
sheriff, he risked his life to protect the lives and
property of the citizens of San Joaquin County.
He made himself available no matter the time or
the occasion.
Cunningham constantly used his wits to avoid
trouble and upheld his promise of never taking a
human life unless there was no other recourse. His
actions were based on the situation and the per­
sons involved. Cunningham's handling of the
Moquelemos incident was based on a belief that
the settlers did not really want a \var. He seems to
have chosen the proper style for each incident.
showing he \;vas either a good judge of character
or extremely lucky.
Cunningham not only performed his duties as
sheriff, he also developed many teclmiques that
allowed these duties to be more efficiently and
etTectively conducted. He was one ofthe first law­
men to deserve the title "peace officer." Before
F
Cunningham became the sheriff, San Joaquin
County had a reputation of lawlessness and as a
refuge for fugitives. Alameda County Sheriff
Harry Morse enjoyed saying to criminals he ar­
rested "Why the devil didn't you go to San
Joaquin? You \vould be safe enough there~" Two
years after Cunningham's election, Morse in a full
turnaround, asked Cunningham to aid him in the
capture ofTiburcio Vasquez. Cunningham caught
so many outlaws that he became renowned as "the
ThiefTaker of San Joaquin."6J
Many of CUlmingham's innovations helped to
bring California law enforcement into the twenti­
eth century. But the twentieth century seems to
have forgotten his contributions, and because most
of Cunningham's collections were scattered, re­
search into the innovations noted in this paper is
difficult. Today the only item on display \vhich
once belonged to Cunningham is the saddle he
was given following Vasquez's capture.
If Cunningham's collection could be reas­
sembled, the citizens of San Joaquin County could
learn about one ofthe most influential lawmen of
the late 1800's, and be proud that Thomas
Cunningham called San Joaquin County home.
Thomas Cunningham could then receive the rec­
ognition he deserves.
SPECIAL NOTE:
Kimberly Williams decries the loss of the
Cunningham's Sheriff records and artifacts and
suggests that a better understanding of Thomas
Cunningham's contributions could be made \vith
the return of materials to a public or mu­
seum setting. A response was asked of Mike
Bennett, Director of the San Joaquin Histori­
cal Society.
Director Mike Bennett responds:
It would be wonderful if we could say that since, 1850, all historically significant government
records and government property was carefully screened for historical significance and preserved
in a proper depository. Unfortunately we can't. Some historically significant records and property
have been distributed in the market place and through private trading and are no longer accessible
to the government departments who wish to preserve and interpret their history. As historians we
hope that eventually these objects and records will be recognized by interested citizens and placed
in the proper museum, library, or other depository for preservation and public access.
The San Joaquin County Historical Society & Museum is the official depository for County
Historic Records and works with the staff of the County Records Center, City Governments and
special districts in the selection and preservation of historic government records and objects. The
Society & Museum is an active member of the museum community of California working to
repatriate significant historical materials. If you have questions about possibly significant govern­
ment records, property, or artifacts you are welcome to call the San Joaquin County Historical
Society & Museum at 331-2055.
Endnotes­
1. "Up Before the Bar," The Stockton Evening
Mail, January 3, 1899.
2. Ibid.
3. Elizabeth Chapman McKnight, "The Back
Road," Stockton Record, June 23,1967.
4. Theodosia Benjamin, "Sheriff Thomas
Cunningham," San Joaquin Historian,
VII, June, 1971), page 1.
5. James M. Guinn, and George Henry
Tinkham, History ofthe Slale ofCalifor
nia and Biographical Record ofSan
Joaquin County, (Los Angeles: Historic
Record Co., 1909), page 216.
6. Benjamin, "Sheriff Thomas," loco cit.
7. "Ex-sheriff Cunningham Drops Dead
Today," Stockton Record, November 26,
1900.
8. Fresno Republican, November,28, 1900.
9. Telephone interview with Theodosia
Benjamin in Stockton, California on
October I, 1990.
10. Benjamin, "Sheriff Thomas," loco cit.
11. Stockton City Records, City Clerks
Office, Stockton California, Index of
N alural izalion.
1 Stockton Rural Cemetery Records.
13. News item in the Stockton Independent,
April 7, 1875.
14. "Thomas Cunningham Gone to his Rest,"
Stockton Independent, November 27,
1900.
15. BookA ofDeeds, (County Records, San
Joaquin County Hall of Records, Califor
nia), Volume 8, pages 132-3, and 194.
16. Ibid., Volume 16, page 492.
17. Stockton City Directory, 1884-85.
18. BookA, op, cit., Volume 57, pages 106­
108 and 167-169 and Volume 59,
page 208.
19. Ibid., Volume 59, page 339, and Volume
60, page 147.
20. Guinn,op, cit., page 213.
21. Stockton Fire Department, (Holt-Atherton
Department of Special Collections, Uni
versity of the Pacific Library, Stockton,
California), Manuscript Collection 50,
box 1, files 20-21.
22. George Henry Tinkham, HistOlY of
Stockton, (San Francisco: W.M. Hinton
and Co., 1880), pages 228-229.
23. Guinn,op. cit., page 214.
24. Benjamin, loco cit.
25. George Henry Tinkham, California Alen
and Events, (Record Publishing Co.,
1915), pages 306-307.
26. Benjamin, "Sheriff Thomas," op, cit.,
page 2.
27. John Boessenecker, Badge and Buckshot,
(University of Oklahoma, c. 1988), pages
11 0-111.
28. Ibid.
29. Ibid., pages 111-112.
30. McKnight, loco cit.
31. Olive Davis, "Land War on Los
Moquelemos Was Bloodless Affair,"
Stockton Record, November 22, 1970.
32. Boessenecker,op. cit., pages 117-118.
33. Ne\vs item in the Stockton Independent,
July 8, 1884.
34. Davis, loco cit.
35. News item in the Stockton Independent,
July 9, 1884.
36. Boessenecker,op. cit., page 118.
37. News item in the Stockton Independent,
July 12, 1884.
38. Boessenecker,op, cit., pages 117-118.
39. Thomas Cunningham, Peace Officers of
the State ofCalifornia, (Stockton: The
Daily Independent Print, 1893).
40. Boessenecker,op, cit., pages 109-109.
41. "The Man and the Officer," Stockton
Record, December 31, 1898.
42. "Death on the Gallows," Stockton
Indpendent, .\larch 3, 1873.
43. "Uzza French Hanged," The Stockton
Evening Alail, June 29, 1886.
44. Ibid.
45. Guinn, op. cit., page 297.
46. Interview with Theodosia Benjamin on
October 1, 1990.
47. Jay Bukowski, "Cunningham's Castle,"
A Study ofHistory, Volume 9 (Stockton:
1981), pages 4-7.
48. Guinn, op. cit., pages 299 and 302.
49. "Gone to his Rest," loco cit.
50. Boessenecker,op. cit., pages 121.
51. Ibid., page 122.
52. McKnight, loco cit.
53. Guinn,op, cit., page 216.
54. Benjamin, "Sheriff Thomas," op. CiL,
pages 2-3.
55. "Gone to his Rest," loc, cit.
56. Ibid.
57. "Drops Dead," loco cit.
58. "Remains of Honored Dead Laid to Rest,"
Stockton Independent, November 30,
1900.
59. Ibid.
60. Guinn,op. cit., pages 215, 217.
61. Boessenecker,op. cit., pages 108-110.
California Sesquicentennial Wagon Train visits Micke Grove Park and the San Joaquin County Historical Museum Saturday • June 26, 1999 Activities include: Western Music • Cowboy Poetry Roundup and Springtime on the Farm
Farm Life
Demonstrations
Address correction requested
San Joaquin County
Historical Society and Museum
P.O. Box 30
Lodi, CA 95241-0030
Entertainment
Food
Non-Profit Organization POSTAGE PAID Permit No. 48 Lodi, CA 95241