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Anaheim Police Department History: 1870

1870's

Photo of David 'Dye' DaviesLAW ENFORCEMENT

The first elected City Marshal for this new township was David "Dye" Davies, winning the election by a three vote majority on August 16,1870. Davies was paid $50 a month to keep the town quiet, even though not much happened in this small community. Davies was also chosen to be the tax collector for the Common Council. The Common Council first met at a schoolroom in an old Indian adobe-lodging house owned by the Anaheim Water Company. Although the Common Council was able to use this room rent free, an office located in the rear of this same building was leased as a jail for five dollars a month, payable in advance. According to the Anaheim Gazette of November 5,1870, this jail was not considered to be a secure facility.

The newspaper reported; "During the week three prisoners confined in the City Calaboose, got free from their manacles, broke down the door and fled during the night."

Later that same year, the Common Council erected a new city hall. Although the land was donated by a generous local citizen, the total cost of building this 16' x 26' wide building came to a total of $654.00. In the back of the new meeting facility were two jail cells. One of these cells was 10' x 10', and the other cell was six feet by ten feet. The floor of the jails were doubled and the walls were six inches thick, fastened with 1,500 pounds of nails.

During his term, Marshal Davies had two part-time constables. One was Jas. D. Byrd and another now known only by the last name of "Hawkins." Constables Byrd and Hawkins were responsible for removing squatters and auctioning off property of people who failed to pay their taxes. On occasion, they were called upon to escort prisoners from Anaheim to the Los Angeles County Courthouse, which was located on Spring Street between Court and Franklin streets in the City of Los Angeles.

Law enforcement for Davies in these early years was relatively quiet. During the month of May 1871, his statistics comprised of one arrest for insanity, two arrests for disorderly conduct and two arrests for violations of city laws: tethering animals on public streets.

Davies served as Marshal from 1870 to 1871. He was defeated in the next election, but continued to serve the township of Anaheim as a Constable/Deputy City Marshal for many years.

Davies is described as a very picturesque person. He was often very quiet and reserved, but, if the need arose, he could be very strict at enforcing the laws. He was also said to be a "frontier gunfighter and gambler to whom the element of danger was unknown."

In 1872, the Germans of the Anaheim Township sought to celebrate the victory of Prussia over France by making a large public bonfire. At the time, it was illegal in Anaheim to have a bonfire on public land, so Davies refused to allow the bonfire during the celebration. The townspeople took their case to the
Mayor and asked for an exemption. The Mayor allowed for an exemption to the rule, but Dye Davies still refused to allow the bonfire, saying "the first man who touches a match to that kindling is my prisoner!"

A man known as "Fritz" came up and threw his match in the pile of wood. As a man of his word, Davies kept his promise and cold-cocked the man with his heavy walking cane. The man was carried off to jail on a stretcher. Davies instantaneously became an unpopular man, surrounded by citizens who threatened to arm themselves and injure anyone who interfered with their celebration. A sailor named Jeff Davis took up the cause of the Germans, attempting to strike Constable Davies with a pitchfork. Davies pulled his revolver and announced to the excited crowd that he would kill the first man who approached him. After being disarmed, the sailor was allowed to leave town.

During this same period, Davies had an encounter in which he had to shoot a suspect. Details of the incident are now sketchy, but it us believed that Constable Davies was accused of forcing a suspect to the point where the suspect had to draw his pistol and try to shoot Davies. Davies drew and fired first to protect his own life, bringing up the question of "if and when" the Marshal and his deputies should use their guns.

It was also in these early years that Davies shot and killed "an Indian who had maltreated a lady." The details of the assault are unclear, but approximately one month after being assaulted, the lady was walking on Center Street when she recognized the Indian who was carousing with a number of other intoxicated companions. She notified Constable Davies, who in turn went to the place where the Indians were drinking. As the Indian suspect resisted arrest, Davies shot him with his revolver. The Indian died a few days later.

The Anaheim Gazette reported, "a Mexican horse thief entrenched in Soquel Canyon was Davies' next victim." The Marshal organized a posse and went in pursuit of the thief. Upon being confronted by the law officers, the suspect opened fire from behind a barricade. His body was filled with Winchester bullets.

In another incident, Davies headed a posse in search of a horse thief in Santiago Canyon. After apprehending the thief, Davies was bringing him back to town when the suspect tried to escape. It was during the escape that Davies' gun "accidentally went off and the horse thief was buried to save the county expense."

1871-1872 - TALTON T. HILL


On May 1, 1871, a city election was held in which David Davies tried to retain his position as Town Marshal. Davies lost the position to Talton T. Hill, who defeated Davies by receiving 56 votes over Davies' 52 votes. Marshal Hill served for one full electoral year with the assistance of his two Constables, "Dye" Davies and Charles F. Lehman. These law enforcement officers maintained a relatively quiet and peaceful town with the exception of the usual intoxication problems and bar fights.

1872 - CHARLES F. LEHMAN


Township Constable Charles Lehman was elected to the job of Town Marshal on May 6, 1872 but his victory was short lived, serving as Marshal for only two months.

Prior to his election as Anaheim's top law enforcement officer, Charles Lehman served as an Anaheim Constable and Deputy City Marshal from September 9, 1871 until May of 1872 when he was elected to the position of Marshal.

Lehman did not have the same type of colorful background while serving as Marshal as his predecessor, but unfortunately, he obtained his notoriety through his death. On July 21, 1872, two months after assuming office, Charles Lehman was called to handle a disturbance at the rear of the Anaheim Brewery on Center Street. The disturbance involved two men arguing about a card game. One of the men was Deputy City Marshal David Davies, the other man now known only as "Horton."

Lehamn arrived on the scene and tried to intervene in order to quell the disturbance. As Lehman was arriving, a gunfight between the two original combatants began. Marshal Lehman was caught in the gunfire and was shot. On July 23, 1872 at 7:30 p.m., Marshal Charles F. Lehman died at the age of 44, becoming the first Anaheim Law Enforcement Officer to die in the line of duty.

The "Southern Californian" newspaper of July 27, 1872 reported the details of this tragedy:

OFFICER KILLED IN EARLY DAY TRAGEDY

"A dark and bloody tragedy has stained the fair name of our usually quiet town. A man has been killed-an officer-shot down in the faithful discharge of his Duty, in endeavoring to preserve the public peace. A citizen, a husband and a father has been hurried out of existence, as the result (in the most charitable view we can take of it) of the disreputable quarrel of two men over the game of cards.

David Davies, a constable of this township and a man giving his name as Horton were playing cards last Sunday at the Anaheim Brewery. About 6 P.M. a dispute arose as to the winnings. Horton took the checks and Davies seized the money. Horton immediately grabbed Davies revolver and the latter as promptly secured another. The parties commenced firing and the fight was transferred to the street and thence to the vacant lot between the brewery and Macy's harness shop. Here Chas. F. Lehman, also a constable of this township and late marshal of the city, interfered as a peace officer to quell the disturbance and received a fatal shot through the body, the ball entering in front an inch below the sternum and ranging downwards, passing through the left lobe of the liver and the cardiac muscle of the back about two inches to the right of the spinal column, where it was found and extracted soon after.

Horton ran away and was pursued by an excited crowd who soon captured him in Mr. Lorenz's vineyard and lodged him in jail. Mr. Lehman was taken into the drugstore of Dr. Higgins, and thence to the residence of Mrs. Brown where he expired of 7:30 P.M. Tuesday, the 23rd. It had been generally supposed that Horton fired the fatal shot, but Mr. Lehman declared that Davies shot him and remained firm in his statement up to the time of his death. On Wednesday, the 24th, at 11 A.M., an inquest was held upon the body by John W. Clark, Esq., acting coroner, with the following results:

Verdict of the Coroner's Jury - We, the undersigned, the jurors summoned to appear before the corner at 11 A.M., on the 24th day of July 1872, to inquire into the cause of death of Charles Lehman, having been duly sworn according to law having inspected the body and being present at the postmortem examination of Messrs. D'Assonville and Hardin, physicians of Anaheim, each and all do say:

That we find the deceased was named Charles F. Lehman, was a native of Dantzic, in Prussia, was aged about 44 years; that he died on the 23rd of July about 7:30 o'clock P.M. from the effects of a pistol shot received on the 21st of July, at about 6 o'clock P.M., near Goldstein's saloon, in Anaheim, during the discharge of his official duties of constable; the fatal shot having been fired by one if the two parties named - Horton and Davies, who are not under arrest and in court for examiner. All of which we duly certify by this inquisition in writing, by us signed the 24th day of July 1872. John Fischer, foreman, Peter Richards, J.B. Stone, L. Jandee, J.C. Hill and C.H. Smith.

A postmortem examination was at the same time held by Drs. D'Assonville and Hardin, revealing the nature of the wound as above stated."

To the surprise of many, Lehman, while on his deathbed, gave his infant daughter Mary to the unmarried daughter of his friend, explaining that he felt that his wife was too young to care for their child.

Horton was placed under arrest and Davies was placed under guard during the investigation of the shooting. An investigation of this murder later pointed to implicate Constable David Davies as the suspect firing the fatal shot. David Davies was taken to Los Angeles to stand trial for the manslaughter of Marshal Lehman. The trial was attended by many of Anaheim's citizens. Davies was acquitted of the charges and returned to Anaheim. After the trial, Davies resumed serving the Anaheim Township as a law enforcement officer for many years. Marshal Davies passed away on May 10, 1885 and was laid to rest in the city of Los Angeles.

Historical accounts do not indicate who replaced Marshal Lehman at the time of his untimely death. It is believed that one of the town constables assumed the duties temporarily with the assistance of the Sheriff of Los Angeles County.

Since Anaheim was no longer an incorporated city, the primarily law enforcement responsibilities were transferred to Los Angeles County Sheriff William R. Rowland. Among his other duties, Sheriff Rowland visited Anaheim periodically to collect taxes, much to the dislike of the Anaheim townspeople. Sheriff Rowland had a large territory to cover and was unable to patrol the town properly. Although the unincorporated town of Anaheim could not elect a Marshal, the people of Anaheim were able to continue electing Constables/Deputy /Sheriffs to assist Sheriff Rowland in keeping peace. Elisha A. Pullen and Jas. D. Byrd were two of the townspeople elected to serve as Constables in 1872.

The year 1875 brought many people aspiring to obtain the job of town Constable. Among the candidates were J.H. Short, E.A. Pullen, Louis Wartenberg, David Davies and Richard Barham. Not listed on the ballot was E.H. Johnson, who won the September election with 176 votes. Also selected to serve as constables were Richard Barham and David Davies. Although not elected, E.A. Pullen was appointed to assist and serve as an officer of the police force. Louis Wartenberg, a coal miner who was unhappy with the election results, circulated and submitted a petition to the Los Angeles Board of Supervisors asking to be appointed as constable. The board rejected the petition and denied the request. Sheriff Rowland's busy schedule prevented him from visiting Anaheim often, but his monthly scheduled visits to collect taxes were widely publicized. One example of his rare visits was reported in the Anaheim Gazette in November of 1975. The Anaheim Gazette reported "We would again remind our readers that Sheriff Rowland will be in Anaheim on the 19th and 20th to collect taxes. Get your coins ready."

Although hundreds of Anaheimers waited in line for hours to pay their fees, not everyone was able to take care of their financial responsibilities with the Sheriff during his short visits.

On November 9,1875, Rudolf Bohn began his career as the town night watchman. Bohn was paid the total of $10 a month by the town, but the remainder of his compensation was received from local merchants in return for watching their businesses during the nighttime hours.

This plain-clothed minion of the law made his nightly rounds accompanied by his faithful dog. One night, a group of fun loving individuals chose to keep Bohn active and alert on his nightly rounds. The scoundrels tied tin cans to the tail of Bohn's canine companion. During the night, the dog ran around the downtown area creating a ruckus, with Bohn in foot pursuit. The embarrassed night watchman worked feverishly to find out who was responsible for the prank.

Although he believed and boasted that he was hot on the trail of the culprits, the suspects were never apprehended.

Bohn added to his income by charging 50 cents a week to walk men home who had to work late into the evening hours. During the rainy season, Bohn was know to find refuge at a sundry store downtown where he could warm his insides with "a beaker of juice" from the Gambrinus Brewery.

1876 - ANAHEIM REINCORPORATED

On December 6, 1876, the town of Anaheim, with its population at still approximately 881 people, was incorporated for the second time under an act of the Los Angeles County Board of Supervisors. The incorporation was finally validated by the State Legislature on March 18, 1878. Local townspeople found themselves in need of selecting new town officers. An election was held during the same month, resulting in the appointment of Louis Wartenberg as the new town Marshal. The territory no longer came under the jurisdiction of the Los Angeles County Sheriff. Marshal Wartenber was a man with many hats. His law enforcement duties ranged from catching local boys skinny dipping in irrigation ditches to the handling of an occasional murder. The Marshal also served as the Town Tax collector. In 1877, Town Trustees passed a motion reminding Wartenberg that he was also ex-officio Public Pound Keeper, having to take care of all strays taken up within the town of Anaheim. Wartenberg was instructed to enforce the dog license law and hire someone to catch unlicensed dogs. The Marshal was given 50 cents for every dog taken in. As the health officer, Wartenberg received orders to abate nuisances. For all of this, Marshal Wartenberg received a salary of $25.00 a month.

His salary was supplemented by one-dollar compensation for every person arrested at night. This dollar fee was provided conditionally; the prisoner had to be convicted. It was later raised to include the amount of money given to constables according to state law. As the city jailer, Wartenberg had to care for and feed his prisoners. Wartenberg also added to his income by establishing and operating a stage coach line in 1878.

In the winter of 1877, a large fire broke out in the area of Los Angeles Street (now Anaheim Boulevard) and Chartres Streets, spreading rapidly and causing considerable damage to local buildings, including the F. & J. Backs Furniture Store and destroying the Anaheim Gazette building. The Anaheim Fire Company was merely a volunteer hook and ladder company at the time. Firemen had not met in many months and were unprepared to battle the blaze. Although many citizens and the Los Angeles Herald newspaper found fault with the fire department, the editor of the Anaheim Gazette publicly placed blame on the night watchman Rudolph Bohn. According to the Gazette, if Bohn had been more alert; the fire would have been discovered before it got out of control. As a result of this fire, the Fire Department was reorganized. The new fire department consisted of a Hook and Ladder Section, Engine and Hose Section and a Reserve Section. The Reserve Section was actually an auxiliary police group made up of responsible citizens under the leadership of foreman John P. Zeyn and his assistant George C. Knox. The members of this new special unit acted as special police officers at scenes of fires, protecting property removed from burning buildings, apprehending thieves and other suspicious characters.