The Murder of Marysville's Own, Dr. Gray

The following was not written by myself, but is an excerpt from:
History Of Yuba County, Page 77

"Marysville's first private hospital was known as Gray's City Hospital,
and was conducted by Dr. J. B. Gray, who advertised that he had leased for
hospital purposes the "large new house of Dr. Warfield on the corner of
Third and A Streets." 

Gray, Dr. John B. "Vaccine Physician", was located on the west side D St. between Second and Third, 2nd floor, at Brandamour Drug store.

Marysville Daily Herald, Number 2, 9 August 1853. "Maiden Lane" is what is now known as "Oak St", in Marysville.

Murder of Dr. Gray

The Following has been sourced from:
File contributed for use in USGenWeb Archives by: Joy Fisher
Book Title: History Of Yuba And Sutter Counties
"CHAPTER X CRIMES AND CRIMINALS"

"On the evening of July 4, 1868, while firecrackers and pistols still were popping in celebration of the nation's natal day, a shot was fired which went unnoticed amid the uproar, and because unnoticed gave the killer of Dr. J. B. Gray, prominent Marysville physician, time to make a get-away, which, however, proved short-lived.

Appx Location of Magnolia Saloon on Dst.
This area is what is now the "Mervyn's paking lot,
opposite of the State Theater, which is where the Marysville
Theatre sat 

While Dr. Gray was standing near the door of the Magnolia saloon, afterward known as Foster's Bar, talking with a friend, Rufus Swett, former resident of La Porte, Plumas County, and of St. Louis, Sierra County, approached and engaged Dr. Gray in conversation in a low tone. Friends of Dr. Gray who were standing near testified at the coroner's inquest that the first words they heard from Dr. Gray were, "Get away from me; I don't want to have anything to do with you." To which Swett replied: "I am a big enough man for you." The next instant a shot rang out, and "then Dr. Gray moved toward the curb, saying, "He has shot me through and through!"
Swett ran up D Street to Third, over Third to E, across E diagonally to the corner of E and Third, thence to Commercial Alley, down to the Yuba River levee, and up the river to the bridge, which then crossed the river at E Street and was known as the "Hawley Bridge." Twenty or thirty citizens, aroused by cries of "Stop the murderer!" and "Go to the bridge!" followed after Swett. The one to reach him first turned back when Swett leveled his pistol at him. Search for Swett that night proved futile, though citizens and police kept strict vigil.

Advertisement for the Magnolia Saloon
Marysville Daily Appeal, Number 94, 19 October 1867

The next morning, at 10 o'clock, William Elliott reported seeing Swett at the corner of Fifteenth and Yuba Streets, and also reported that a mare belonging to J. Joy was stolen soon after Swett was seen there. Thinking that this was a plan to throw them off the scent, the officers paid but little attention to the story.

That night city Marshal Nightingill, police officer Dan Derrickson, Deputy Sheriff Hewitt, and a man named John Stincer, armed with shotguns, proceeded to the home of William Totman, a friend of Swett, on Yuba Street, and lay in wait, having worked out a theory that Swett would call there. Soon Swett appeared and was ordered by Derrickson to throw up his hands, which he reluctantly did, at the same time assuring Derrickson that his pistol was empty. Derrickson called the other officers and soon had Swett marching toward the city, arms upraised. As the party passed the Totman house, Swett asked permission to go in and get a drink, but this was refused him. 

As a train of cars standing on the track at A and Sixth Streets was passed, Swett suddenly dodged behind the last car and took to his heels. Although Derrickson tripped and fell, he recovered soon enough to fire, the charge taking effect in Swett's left forearm. It was then an easy matter to land Swett at the city jail. Here a crowd of citizens assembled and demanded that Swett be hung, but the mob was soon subdued with assurances that the law would mete out justice in the case.

Swett told the officers that he did not fire the first shot, and did not dream of violence on Dr. Gray's part. He said the difficulty arose out of Dr. Gray's betraying Mrs. Swett. 

The coroner's jury was made up of Fred N. Pauly, D. H. Harney, E. W. Whitney, Emmett Brown, Fred C. Chase, W. C. Swain, L. T. Crane, and J. T. Dickey. Their verdict held Swett accountable for the slaying. Dr. R. H. McDaniel, father of the present superior judge, Dr. E. T. Wilkins and Dr. L. Lasvigne were witnesses at the inquest. A. Suss, merchant, Thomas McDermott, then familiarly known as "Mac, the Baker," and A. Lloyd testified as eye-witnesses to the shooting of Dr. Gray. The funeral of Dr. Gray was largely attended, as he was very popular in the community and had many friends throughout the State. 

Investigation into Swett's past showed that he left La Porte after arousing suspicion that he had committed burglary. He also had gained an unenviable reputation at Conner Creek and St. Louis.
On October 14, the grand jury of Yuba County returned an indictment accusing Swett of the murder of Dr. Gray. The true bill was signed by J. H. Roberts as foreman of the jury. R. R. Merrill, as district attorney, and Barney Eilerman, as county clerk, took the usual part in the proceedings. S. M. Bliss was the county judge before whom the indictment was presented. 

Marysville Daily Appeal, Number 14, 18 January 1872

Swett employed J. G. Eastman, Marysville attorney with a State-wide reputation, to defend him. Eastman challenged the indictment upon the grounds that the grand jurors were not drawn and empaneled in accordance with the law, and that all the jurors empaneled had formed an opinion that Swett was guilty of the crime. This demurrer availed the defendant nothing. 

One week after the grand jury indictment was returned against Swett — October 22, to be specific — the prisoner took leave of the county jail by night. He was locked in an iron cell as usual on the previous evening. In the morning the jailer found the cell door open, a hole cut through the east wall of the jail, and steps made from the staves of a bucket forming an ingenious stairway up the outside wall overlooking the yard. When the news of the escape was broadcasted, the citizens of Marysville, especially the friends of Dr. Gray, were far from complimentary of Sheriff A. P. Spear, who had ignored warnings that he should keep a night watch at the jail during the incarceration of Swett, and take other precautions. It was openly charged that the sheriff connived at the escape. A reward of $300 was offered for the capture of Swett. 

On December 30, at the request of the district attorney, District Judge I. S. Belcher issued a bench warrant for the rearrest of Swett, who was reported as having been seen in South America; but he was never retaken."

Articles:

An article written on July 7th, 1868 says" While at this business Swett was the custodian of miners purses, which invariably fell short on delivering to their owners, .row brings us to the year 1865 or 1866, in which this desperado made a trip to California and back. Soon after returning to Montana he was compelled to leave and came to Marysville in the fall of 1867, where he has been engaged at various kinds of business. During high water last winter he was engaged in running a ferry at the Simpson Bridge, and seemed te be possessed of a mania for killing, declaring at different times that he must kill somebody before he left the city, threatening the lives of several of eur citizens. unfortunately relecting our worthy citizen, Dr. Gray, for his victim."

The following article was posted in Marysville Daily Appeal 7 July 1868

That article repeats itself often, think an editor may have been a good idea...

Reward offered after Rufus escapes, 

Sacramento Daily Union, Volume 36, Number 5484, 23 October 1868

Marysville Daily Appeal, 

Number 98, 23 October 1868

Marysville Daily Appeal, Number 121, 19 November 1868
Come November, the Reward got larger.

Marysville Daily Appeal 30 December 1868 - There is an article which says that Swett is SUPPOSEDLY (sounds real confident) captured. But as we know from the above story, he was never "retaken". 

Sacramento Daily Union, Volume 44, Number 6812, 1 February 1873
Still on the lookout in 1873, and this ad runs throughout February, but we don't see anymore after that.