Wilhelm Benitz

References in Mexican Era Records

(Last updated: Saturday May 30, 2009)

     In late July, 1845, while Wilhelm was absent a group of brutal rancheros from eastern Sonoma and Marin counties raided Fort Ross.  Following Wilhelm's complaint, the Mexican court at Sonoma reacted quickly, in August of the same year. 

    Per the court records (included below), a number of rancheros were accused of raiding Indian villages in the Fort Ross and surrounding areas taking away by force of arms about 150 Indians to serve as labor.  One of the accusers was William Benetz [sic].  Per the rancheros own testimony, they were brutal.  They killed, raped, and beat up the Indians who resisted.  They broke into Wilhelm's home at Fort Ross, gang-raped his Indian women / servants, and stole his property.

    Though we don't have here the full outcome of the hearings, apparently, the Indians were set free and the rancheros were not punished very severely - if at all.

    It is important to note that had the raid occurred a year later, July 1846, Josephine Kolmer would have been the target of the ranchero's brutality.  Whether they would have attacked a European woman is unknown, but they clearly held Wilhelm in disdain and believed themselves sufficiently remote at Fort Ross to be beyond the reach of the law and censure of civilized society.

Mexican Court Records, Benicia, 1845:

   The original court records of the case were summarized in hand-written colloquial Spanish.  We have not had an opportunity to review the original records; they are now held at the Bancroft Library,  Univ. of Calif., Berkeley, California, USA.  However, we include here a translation of the records into English by Frances R. Conley - Independent Historian, El Cerrito, California.

Deparmental State Papers, Benicia. C-A 39 Tomo V, pp. 383-394

    Letter sent by Mr. Benetz [sic] to Mr. Murphy, 6th of August, 1845.  The original was written in English and didn't need translation:

    The other day on business Antonio Castro, Rafael García, Mariano Smith, Stewart Sebaro, Manuel and Nasario Sais came to the presidio [of Fort Ross], broke open my house, they have abused the Indians which I kept in my charge, and have nearly killed the chief.  They have stolen a number of things from me and have plundered the Indian Village.  The Saises have threatened to shoot me.  I am afraid to leave this place to come and see you.  I should have been in San Rafael.

    I wish you would try to prevent any more molestation from those rascals and you will oblige.

            Yours Truly

            Wm. Benetz

The following is the translated transcript by Frances R. Conley:

1845 = Sonoma

Proceeding against Antonio Castro and associates accused of having abducted by force of arms a number of heathen Indians.

This proceeding began on August 6, 1845 before Juez Superior José de la Rosa, as a result of the appearance before him of citizen Capistrano Juárez, Lic., giving him ample reason to release a number of heathen Indians who had been abducted by Colonel Antonio Castro, of the Locaya tribe, on whose land these Indians could be found doing field work.

Testimony of Witnesses.

José María Treviño said that he was engaged by Rafael García to show him the lands where there were Indians, and in payment he was offered an outfit of clothing which was to be given to him by Don Antonio Castro, who was titled Lieutenant and Commander of the party by order of the government, and that the witness was reluctant to go; but being obligated for various personal services which he had received from García, he acceded.

He left with them from Santa Rosa for Juan Cooper's mill. There he (the witness) took up arms, and they departed at dusk, traveling all night; and on the following day they camped on the ranch of Capistrano Juárez, where they obtained two interpreters who led them to where the Indians were, at two leagues from the ranch. There Castro had the party withdraw, in order to surprise the Indian village at dawn; but having been detected by the Indians as a result of the neighing of a horse, the captain of this village and some other Indians who were with him, came out, and encountering Rafael García, he surprised them shouting to the men of the expedition to assemble,

    . . . that having done so, they fell upon the village who, unarmed and without warning of hostilities, were living in peace as a result of the promises of Don Cayetano Juárez;

     . . . that it must have been about eight in the evening when they surprised the village, and dragging them violently from their homes, they took them with their families to a near-by field where they spent the night;

     . . .that on the following day, when returning, they reached the ranch of Fernando Felix, on whose lands they separated out some of their party in order to go and attack another village in order to capture more people;

     . . . that while still in the vicinity of the village, Desiderio Briones fired at a deer, and the Indians, having been heard it, fled; but as soon as these interested parties saw them, they hurried their march so that they caught the dispersed Indians, and they were taken in the mountains--defenseless;

     . . . that the witness gave over the Indians he was conducting to the rest of his companions, and joined Pablo Briones, in order to go back a second time to the other village to see if they could fmd the rest of the people who had fled.

     . . . that, having gone into the village again, they found only two old people who had been left free because of their uselessness:

     . . . that then they went back to join their companions, and having left the mountain, they came upon an Indian mortally wounded by a shot which had removed his left cheek, a dagger wound below his chest, and his head opened by a machete blow in his forehead with the brains spilled out;

     . . .that Pablo Briones said to the witness, "If there were any water around here, I would baptize him so that he would not die a heathen." And that since this difficulty did exist, the second said to the first that to prevent further suffering by the dying man, he would finish him off, which thing he did with a rifle shot:

     . . . that the witness, with his companion Briones, left for Sr. Cooper's mill where their companions were waiting for them:

     . . . that this happened on July 29.

Asked if he knew who wounded the dying Indian whom he and Pablo Briones found, he responded that he knows that Seberiano Castro injured him because he himself told the witness in the presence of Pablo Briones, Desiderio Briones, and Mariano Castro, Victorico García, and a one-eyed Frenchman whom he does not know by name.

Told that if he knows whether other Indians were killed on this occasion, he should tell what he knows about the affair. He answered that Severiano Castro, in the presence of the same individuals spoke of having killed an old man whom he found in the field:

    . . . that Mariano Castro likewise mentioned having killed another Indian in an arroyo; the reason was that this same Castro took by force a woman whom he found in the same arroyo, and that an Indian man came out to defend her, throwing darts, and for this reason he killed him according to the account of this same Mariano Castro, he himself showing the dagger covered with blood and bishop's weed.

Asked if they were at war with any village of Indians, he responded that they fought with none, that on the contrary they were at peace, and none had done harm to Don Antonio Castro or to the party:

    . . .  that the witness is sure that if the Indians had wanted to, they could have done away with the whole party because there are in that place thousands, and thousands. and thousands of men.

Asked who the individuals were who went with the party, he replied: Don Antonio Castro, Don Rafael García, the witness, Pablo Briones, Desiderio Briones, Mariano Castro, Seberiano Castro, Paquico, the one-eyed Frenchman, Victorico García, a young Mesa, and some Indians who belonged to the other side:

    . . . that a dispute arose at the mill because the members of the party wanted to divide up the people among themselves; and Don Antonio not wanting to do this, a quarrel resulted and they came to blows:

     . . . that Castro gave 12 or 13 men with their families to Rafael García, whom the witness took to García's ranch; and that Castro took the rest of the people, who constituted about 150 persons, by way of San Rafael, and an Indian girl who was given to Don Luís Luce [Leece?], and one family for Don Victor Prudón;

     . . . that the witness returned from García's ranch after leaving the Indians there at San Antonio Lagoon, where he met Don Cayetano Juárez, who informed him in the name of the Senor Comandante that he should present himself immediately at Sonoma.

 . . . . . . . . . . . . . . . . . . . .

On August 15, 1845 the witness Nazario Sais was examined, and he said:

     . . . that on the fourth day Don Antonio Castro, Rafael García, Sebero A1viso, Manuel Sais, and the one-eyed Frenchman arrived at the witness' ranch adjoining Ross:

     . . . that from there the witness and Mariano Elizaldi met on orders from Don Antonio Castro, and headed for Ross.

     . . . that Don Antonio Castro told them that his object was to take some of the people for his own labor force, and some foundlings or orphans;

     . . . that having arrived, the crowd of Indians took itself off to the mountain, and only those in the villages near the plaza remained. Two captains were tied up, the first by Rafael García, hitting him repeatedly with the butt of his musket. The second escaped, and Don Antonio Castro ordered the witness to chase him and catch him, which he succeeded in doing, catching him with his horse on the run--taking him by the tuft of hair on the top of his head:

     . . . that catching up with him, the animal collapsed and the Indian fell:

     . . . that then Don Antonio Castro arrived and hit him several times with the sword he carried in his belt:

     . . . that the two chiefs were tied together, and Don Antonio Castro told them that if they would give over their people he would release them; otherwise he would take them to the Monterey presidio as criminals:

     . . . that in fact the Indians promised that they would go and get the village, and they were turned loose, never coming back again.

     . . . that Don Antonio Castro wanted to go back to the hills to follow the Indians, but not being able to find them, he set about playing Mantilla with Rafael García, Sebero and Manuel Sais on the hill.

     . . . that the witness went to the mountain and was gone until very late;

     . . . that when he returned he found Rafael García sleeping in Mr. Benitz' house with a loaf of bread beside him, and that the one-eyed Frenchman invited him in.

     . . . that Antonio Castro arrived just after the witness and began to eat some bread, so they went in together; and he asked how they got in, and the one-eyed Frenchman answered that he had picked the padlock to Benitz' room with a little stick.

     . . . that then García saw an opening overhead in the ceiling and asked the witness to investigate it, and he did so, and after some effort he saw the arm of an Indian woman--very frightened; and he grabbed her, taking her by the waist.

     . . . that he was doing this when Rafael García arrived and began to talk with Mr. Benitz' Indian girl, discussing the situation with her; and that he was about to rape her when the witness went downstairs in order not to be present, and that García stayed with her a long time, until he gave out,

     . . . that, having come down, the woman said to Antonio Castro, "Look at what a prize cock this princess has won;" and Manuel Elizaldi took her by the hand and went out with her to the next room in which the first had raped her; Manuel Sais later, Antonio Castro after Sais, then the witness, and finally Sebero who, had played with her a lot;

     . . . that Antonio Castro still wanted to fool around some more.

     . . . and he saw an Indian cowboy who struggled with the woman, and she fought him off saying: "Get out of here. You're an Indian and have nothing to do with civilized people. "

     . . . that then the Indian girl said that there was another woman, so they brought her--sending Antonio Castro to her in a room, saying, "Senores, here begins the fun. And he played with the new one and raped her for a long time, because the first one was worn out after the rape of Sebero.

     . . . that Sebero, Elizaldi, García, and the one-eyed Frenchman were in the Indian villages, and that the latter took to about 50 good cigars which the witness saw, and that he saw nothing more of importance, and Sebero a cheap cigar.

     . . . that he saw no more then until their return. Having taken the Indian girls to the witnesses' ranch, one slept with Elizaldi, the other with Manuel Sais, and some of them with Rafael García;

     . . . that as to Antonio Castro, he doesn't know whether he slept with any of them, but it was likely that he chose one because the man was positively fiendish.

     . . . . that the Indian girl told Antonio Castro that she wanted to stay on the ranch of the witness, and not with Mr. Benitz, because she was afraid of him.

. . . . . . . . . . . .

 The Witness Rafael García said:

     . . . that on the fourth day he was in the Russian presidio along with Don Antonio Castro and others; and that when he arrived, Castro ordered an Indian to open the gate to the plaza, which was closed, and he stationed there a one-eyed Frenchman whom he had brought along.

     . . .  that the witness, after returning from the hills, went into Mr. Benitz' living room, where the Frenchman was eating bread and meat, that he invited the witness in, and then he lay down to sleep on a box which was there:

     . . . that he does not know who opened the door of the house:

     . . . that when he awakened he heard shouting from above the ceiling, and he went up to see what was happening, and he found Nazaro Sais with Mr. Benitz' woman, and the witness took her away and did with her as he pleased for his pleasure, and later went down to sleep where he had been sleeping before:

     . . . that later he knew that all the others had taken their pleasure with the Englishman's woman; but that he did not see them.

Asked if he knows whether the Englishman Benitz' house and the Indian's villages had been robbed, he said that he doesn't know any more--that they stole some deer skins, and parts of traps, and a cigar that Sebero took.

Asked why they whipped and tied up the Indian chiefs, he said that it was done on express orders of Don Antonio Castro, who was the commander of the party:

. . . that as regards the entire expedition, the witness worked under orders from Castro, and nothing more.

. . . . . . . . . . . . . . . . . . . .