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Collection: Directories and Documents > Pamphlets
Juanita - The only woman lynched in the Gold Rush days (PH 20-9)(1967) (36 pages)
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Page: of 36
As the trial was again commenced, the defense
calleda Mr. McMurray totestify. After being sworn in,
he stated that he saw Cannon stagger, but he didn’t see
who had stabbed him. Healso said he had heard the deceased use a bad word in Spanish, but that he couldn’t
say for whom it was intended. McMurray seemed to be
the sum total of the defense and although it took some
courage to appear on the prisoners’ behalf at all, his
testimony was of little value to José and Josefa.
It seemed to be over now, but as the mob waited
breathlessly for the judge to send out the jury, the defense pulled out its ace-in-the-hole, Dr. Cyrus D. Aiken.
The doctor minced no words and came right to the
point. If Josefa was hanged there would be two lives
taken, since he thought she was enciente—the Latin
word for pregnant. ® He said he believed she was three
months along and that the mob would do well to think
twice before acting rashly.
The prosecution quickly stepped forward to refute
the doctor’s statement. Itwas a trick to thwart justice!
As a murmur of discontent rippled through the crowd,
the counselors agreed that the opinion of other physicians should be sought. Drs. Chamberlin, Hunter and
Hardy agreed to check on the findings of Dr. Aiken and
the four men retired with Josefa to a nearby shack for
the examination.
As word of what was transpiring was passed around
the crowd, the miners became infuriated at the thought
of losing their victim. Cries of “bring her out” and
“hang her” echoed from every corner of the mob. The
rear ranks of the crowd began pushing forward now as
men with clenched fists cursed Dr. Aiken and threatened
to hang him along with Josefa. Just as the mob rushed
the stand, word was brought out that the other three
doctors didnot agree with Aiken and the unruly miners
calmed down again. The judge quickly retired the jury
andinafew minutes they were back with their verdict:
“The jury find that the woman, Josefa, is guilty of
the murder of Frederick Alexander Augustus Cannon,
and that she suffer death in two hours.
“The man Jose is found not guilty, but the jury
earnestly request that Judge Rose advise him to leave
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