The Evening News. November 7, 1916

31. Lynching An Innocent Man

After the murder of Don Jose Berryessa by Fremont's men at San Rafael the family became known as the unhappy Berryessas. Madness, war with squatters, poverty, bloodshed followed each other rapidly. One of the brothers, Francisco, was mortally stabbed at his house near the New Almaden mine in 1856 by a Chileno named Lanta, who was found hiding in the house under the bed of Berryessa's sister.

In 1854, Santiago Berryessa, a brother of Don Jose Berryessa, was living quietly at the family adobe house on the ranch near New Almaden. Another younger brother, Demasio, but recently married, was also a member of the family. Like all the Spanish-Californians, the Berryessas fought continually to protect their property from squatters.

One of the squatters on the Berryessa ranch was a man named Alexander McClure. Santiago Berryessa warned McClure against building a fence on the Berryessa land. Every night McClure without fail built his fence. Every morning Berryessa destroyed it. Great was the bitterness in the heart of all Gringoes because of the murder of their brother Jose and their cousin, the de Haros. Santiago himself had been imprisoned by the Gringoes at San Rafael. They, like most Spanish-Californians, believed that Gringoes were dishonest and cruel. He feared them. Berryessa warned McClure that if he built the fence again that he would kill him.

McClure did not take the warning. Santiago Berryessa shot McClure the next day. Then he went into the adobe house and said to his family, "I've shot that Gringo. I am going to Mexico for safely."

There was great commotion, and Demasio, a devoted younger brother, said "Santiago, take my new gun. It is better than yours."

Santiago took Demasio's new gun, left his own worn weapon with which he had committed the murder, and never again came back to California. Demasio's generosity caused his own death.

McClure did not appear among his friends. It was feared that he had met death in an encounter with a bear. A party was organized in San Jose to look for him.

About one hundred and fifty yards from where he had been shot was found his body in a decomposed state, his breast pierce by a bullet.

It was known that there was ill-feeling between McClure and the Berryessas. The truth was suspected. A Vigilance Committee was organized in San Jose. One of the important persons connected with it was Dr. Corey, the first physician in San Jose. The committee went to the house of Berryessa in the night and charged Demasio with the crime. He protested his innocence, but no self-respecting American ever believed a Spaniard. The Vigilance Committee searched the Berryessa house and found the gun of Santiago, who had fled to Mexico. The size of the bullet hole was precisely that of the bullet in McClure's body. Vainly Demasio Berryessa pleaded with the Vigilance Committee. Vainly did his aged mother protest his innocence. Vainly did the young wife weep. In the night the Vigilance Committee tore young Demasio away from his family.

The representatives of law and order were on horseback, but they gave Demasio no horse. Barefoot, he was dragged over the rough road, compelled to keep pace with the horses. Demasio's mother, who was born a Bernal, was a woman of great feeling and depth. After the Vigilantes she ran, she and Demasio's young wife, pleading for a life of a man. All the way to San Jose the women ran, crying "Demasio is innocent. Save him!"

But the Viligantes believed that Demasio was guilty, and they believed, also, in punishing murder with murder. The Vigilantes disappeared from sight of the women, but they did not give up, they did not cease crying "Demasio in innocent!"

Demasio Berryessa had no trial. After all, he was only one of the despised, conquered race. In the night he was hanged by several men to an old live oak tree in William street, not far from Tenth street.

Demasio's mother and his wife wandered about the streets of San Jose calling for him, moaning that he was innocent, but not till morning did they find him. Then so limp was he hanging from the tree that he seemed only a scarecrow of rags.

Demasio Berryessa was left hanging to the tree till his wife and his mother cut down his body. Then the mother took him in her arms, and for hours the weak woman, so strong in love, carried the heavy body of her son through the streets of San Jose moaning and lamenting, "Demasio Is innocent."

Only with difficulty was Mrs. Berryessa torn from her son's body.

Among the American the lynching of Demasio Berryessa produced great satisfaction. Justice had been satisfied. Law and order prevailed.

The oak tree where the tragedy occurred was always a trysting place for lovers. About a year ago the tree was cut down.

Transcribed by Kitty LaFavor, for the Santa Clara Co. CAGenWeb Project. 2008