The Marysville Race Track Murder, and The Hanging of Ah Ben

The following was not written by myself, but is an excerpt from:

"History of Yuba and Sutter Counties California with Biographical Sketches OF The Leading Men and Women of the Counties Who Have Been Identified with Their Growth and Development from the Early Days to the Present"

History by-   Peter J Delay



Life in Marysville, Ca 1878
"Defenders and Offenders" By Buchner (D.) & Company, New York
Race-track Murder 

"About four o'clock on the morning of November 30, 1878, John McDaniel, lessee of the Marysville race-track, now known as Knight's Recreation Park, and upon which the links of the Marysville Golf Club are located, was aroused by his wife, who heard noises as if someone was jimmying a door on the premises. McDaniel started to investigate, and within a foot or two of his bedroom door encountered a Chinese, who proved to be Ah Ben. It is thought that McDaniel, who was a brave man, seized the visitor, having been robbed a few nights before.

Mrs. McDaniel heard a tussle, and presently heard her husband cry out, "Oh, my God, help ! help !" When she reached him, McDaniel and the Chinaman were still struggling. Although fatally wounded, McDaniel was doing his best to secure his murderer. Mrs. McDaniel pulled the Chinese away, and as she did so her husband staggered into the open, fell, and soon expired from a wound he had received in the breast from an inch-and-a-quarter chisel carried by Ah Ben. In the hand of the deceased was found a poniard blade, which, it is supposed, he wrenched from his murderer's hand and used in self-defense. The Chinese showed a stab in the left arm, and bruises on his face, proving that the struggle with his victim had been a desperate one.

 Ah Ben turned upon Mrs. McDaniel, and she was forced to back away from his grasp. About this time, Ah Joe, Chinese cook in the employ of the McDaniel family, rushed out of the dining-room to her assistance. The murderer, at sight of Ah Joe, started to run ; but the cook, at the risk of winning the condemnation of his race, followed and caught Ah Ben. He knocked the murderer down, hog-tied him, and then brought him back to the house, where he was kept until delivered to the custody of Police Officers John Colford and Mike Hogan. Constable Ezra Brow, who lived in the neighborhood, had been sent for, and he helped in the landing of Ah Ben in the city prison. 

That evening an autopsy was held by Coroner George Fronk, assisted by Drs. C. C. Harrington, C. E. Stone, and S. J. S. Rogers, all now deceased. The death-wound was found in the region of the stomach, the chisel having penetrated between the ribs and pierced the liver in its course. Besides his widow, McDaniel left six children, five of whom are still living. They are Mrs. Henry Blue, wife of Councilman Blue, Mrs. Harry S. Day, and Harry McDaniel, all of Marysville, and Mrs. Charles Day, of Berkeley, and George McDaniel, of Stockton. Another daughter, Mrs. George Crossley, died about two years ago.
Rideout and Smith Bank at the Corner of 3rd and Dst,, Thompson & West, 1879

Soon after dark on the evening of the same day, a mob organized on the corner of D and Third Streets. During the day the populace had become aroused because of the cruel murder of McDaniel, who was a popular and esteemed citizen. Some said the community would be disgraced if Ah Ben were allowed to live through the day. 

At dusk the bell-ringer, a darkey who was employed in those days to spread sudden news and announce auction sales, got busy, and through his efforts a crowd of 300 or 400 assembled. A box had been placed at the intersection of Third and D, from which S. L. Howard, an attorney, made a speech calculated to incite the mob and induce it to proceed to the county jail, break down the iron doors, seize Ah Ben, and hang him. 

While the mob was at the height of its fury, Hon. John H. Jewett, Marysville banker, stepped to the box and made an effort to convince the turbulent crowd that they were acting unwisely and imprudently, and should disperse as good citizens. But the crowd manifested true mob spirit by stifling free speech. Jewett was interrupted by such a noise as to render his remarks inaudible. A. C. Bingham, former councilman, and later mayor, endeavored also to address the crowd, with but little better success.

Bingham resented the cat-calls of the crowd, and for a time it looked as if he would mix things with the offenders. Knowing Bingham to be fearless, the mob gave closer attention toward the close of his address, which was along the same line as Jewett's. Howard was again called to the box. He made a speech at this time that rendered him liable to arrest. Finally, the meeting resolved to go to the jail and secure the murderer.

A long rope had been obtained, and this was placed in the hands of Howard. Then there was a call, and a question as to who should be the leader. To the shouts "Who shall lead?" came the reply of all the mob, "Howard ! Howard !" But Howard appeared a better talker than leader of a forlorn hope, and held back. A few men seized him, however, placed him in an express wagon, and ordered the driver to proceed to the county jail at Sixth and D Streets. 
Yuba County Courthouse, at Sixth and D St., Thompson & West, 1879 

"When the crowd arrived in front of the courthouse, they halted; and on looking for Howard, they found he was missing. At this critical moment Mayor N. D. Rideout, early-day banker, took a position on the courthouse steps and briefly addressed the crowd, advising law and order. He told the mob that the jail was strongly guarded, the sheriff firm, and that forcible entry would surely mean the needless loss of valuable lives, which he would regret to see. Mayor Rideout was followed by Sheriff Hank L. McCoy, who appeared on the steps with his chief deputy, Ike N. Aldrich, who later became justice of the peace of Marysville Township. 

McCoy assured the mob that if Ah Ben were taken from the jail it would not be without bloodshed. At this the mob returned down street, and generally dispersed. They decided that the sheriff meant every word he uttered. Up to a late hour that night, however, there was a disgruntled crowd of twenty or thirty assembled near the end of the D Street bridge, loath to give up ; but they, too, dispersed about midnight. 

Ah Ben was tried before Judge Phil W. Keyser and a jury; he was convicted, and sentenced to be hanged in the courthouse yard, as was then the custom. 

On Friday, March 14, 1879, the murder of McDaniel was expiated on the gallows before a throng that crowded the courtyard. Many a lad played truant from school, in hope of getting a glimpse of the execution, which many did from the treetops and housetops in the neighborhood of the courthouse. The hanging was well planned and successfully executed. 

In an interview with a newspaper man before his execution, Ah Ben, an ignorant individual, declared he would kill McDaniel again under like circumstances. Drs. R. H. McDaniel, David Powell, C. C. Harrington, A. B. Caldwell, and B. Phillips comprised the coterie of physicians who pronounced Ah Ben dead. "

The hanging of Ah Ben, a Chinese immigrant, who murdered John McDaniel, owner of the Marysville Race Track, on the night of November 30, 1878. The hanging took place on Friday, March 14, 1879. Sheriff Hank L. McCoy appears on the right and Deputy Ike N. Aldrich on the left.  Source Archive.Org

Fun Fact: The Location of this Hanging is now the location of City Hall in Marysville



Chinese immigrant convicted of murder found swift justice
By Gertrude Cable, Source; The Appeal Democrat

"He had paid his penalty on March 14, 1879. At 1:35 p.m., the sheriff had touched the spring on the gallows and Ah Ben was launched into eternity. Ah Ben fell 7 feet and after seven spasmodic convulsions, died within two minutes.

Doctors McDaniel, Powell, Harrington, Dobbins, Caldwell and Phillips commenced to feel the pulse of the criminal. After an anxious 12 minutes, Ah Ben was officially pronounced dead. His body was lowered into a coffin and formally delivered to Coroner Fronk."

The man known as Ah Ben, a Chinese immigrant who was convicted of killing a Marysville business man, was the last person legally hanged in Yuba County. That event is described in Gertrude Cable's book, "Mama Came to California." Cable told the story of her relative, Sheriff Henry "Hank" McCoy, who served as a peace officer in Marysville for 17 years and then was sheriff of Yuba County for four terms, before dying in 1885.

McCoys' son, Charles J. McCoy, later served as a police officer in Marysville, a deputy sheriff and city marshal before being elected sheriff of Yuba County, a position he held from 1914 until 1926. In Cable's book, the exploits of the murderous Ah Ben, his subsequent demise at the end of a length of rope and Sheriff "Hank" McCoy's role are detailed for the curious reader of today.

Sheriff "Hank" McCoy told the story of Ah Ben while traveling with several relatives, who had come to California from their home on the East Coast, while traveling by train from Roseville to Marysville.

John McDaniel owned a saloon in Marysville and was the lessee of Marysville Park at the time of his murder. He was awakened at about 4 a.m., Nov. 30, 1878, by his wife who said she heard a noise. When McDaniel investigated, he encountered Ah Ben. "A desperate struggle ensued and Mrs. McDaniel heard her husband cry out, 'Oh my God! Help! Help!'," Cable wrote. "Hearing her husband's death scream, Mrs. McDaniel rushed to his aid. She saw the two struggling, and although Mr. McDaniel had received his death wound, he was undoubtedly doing his best to secure the murder."

After pulling Ah Ben from her dying husband, Mrs. McDaniel was attacked by Ah Ben, only to be saved by her servant, Ah Joe. "The murderer, at the sight of Ah Joe, started to run off to escape, but Joe followed, caught him, and while lying on the grass, tied his hand with the his cue," Cable inked.


Ah Ben was then turned over to the custody of Officers Colford and Hogan and Constable Brown, who took the perpetrator to jail. After the murder of McDaniel was discovered, a crowd of about 400 angry citizens gathered at the corner of Third and D streets rushed to the jail, desiring to hang Ah Ben themselves.

"All citizens believed in hanging the murderer of John McDaniel, but orderly people wished that Sheriff McCoy should do the job," Cable wrote. "Ah Ben was then speedily tried, a gallows built in the courtyard and Ah Ben, requesting just prior to execution, a drink of whiskey, was speedily executed."



"Thus, justice was done."



Gertrude Cable's book is available at the Yuba County Library in Marysville, as well as Amazon.

Nevada State Journal
Reno, Nevada
Wednesday, December 4, 1878
Source: Find a Grave

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