Monday, April 13, 2015

The Misfortune of Urbano Garcia

Urbano’s unfortunate incident began over beer.  " I would be a cabrone if I did not pay you the four bits I owe."  This rebuttal is not enough for the bar keeper Juan Fiero who grabs Urbano by the collar refusing him both beer and credit.  Urbano Garcia the saddle maker is drinking before noon in a New Almaden saloon. He needs another beer, but he's out of money. A scuffle ensues. Fiero, the proprietor, orders Urbano out, or he “will pull him out by his tongue.”

Hot heads. Hot words followed. An hour later Garcia and Fiero draw pistols in the street. Fiero fires the first shot. Urbano ducks, the shot misses. Urbano returns fire. More than a dozen bullets fly in the street in front of the saloon. Urbano walks away leaving Fiero bleeding in the road.

Urbano is charged with shooting the barman on December 7, 1885, and then released on a $1,000 bond. Things get worse when Fiero's wounds turn critical.   Urbano is rearrested. His bond is raised to $10,000.   Fiero dies a few days later of his gunshot wounds. Now Urbano is really in trouble. He faces a new charge of murder.

Urbano Garcia hires attorney W.G Lorigan as his defender. Unable to raise the bond money Urbano languishes in jail.   Here Urbano spends Christmas, New Years and Valentines Day. Not until March 11 1886 does his trial begin. The San Jose Evening News Reports about "The Almaden Shooting" in a series of articles:


On March 12 the paper asks: "Was it Self Defense?"  The account of Urbano’s trial proceedings are published in the San Jose Evening News. It begins: 

“On Trial for Murder: The Story of the Death of Juan Fiero at Almaden The trial of Urbano Garcia, charged with murder, commenced before a jury in Judge Belden's Court to-day.”  Here is the full account:







Apparently Urbano appeared a remorseful and sympathetic young man. Perhaps it was the sympathetic testimony of Urbano’s witnesses Marcello Soto, Juan Hernandez, and Librado Hijar in testimony to his good character. The attorney Lorigan pleaded his case. Perhaps it was the skill of his lawyer that saved his neck. Mr. Lorigan was a new trial lawyer when he took Urbano’s case, but he went on to become “one of the best lawyers in the city” and eventually a judge. Or maybe the jury was hungry and wanted to go to lunch. Whatever the reason the jury retired at twelve o’clock and returned after a few minutes with the verdict of “Not Guilty.”

Urbano’s young wife Mary Reymunda Luera Maltos, must have breathed a sigh of relief. Not only had Urbano dodged Fiero's bullets, be he also dodged a murder conviction. The San Jose paper reports “Fiero’s Slayer Free.”  This headline was not exactly a celebration of his innocence, reporting Urbano Garcia free and now tainted with the label “Slayer.”

The next year records Urbano the saddle maker living in San Francisco’s North beach on the same street as his in-laws. Perhaps “Slayer” was too heavy a title to carry around in a small town like New Almaden. Whatever his reasons Urbano left Almaden and his troubles behind to try his luck in the big city.


San Jose Evening News, March 13, 1886









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