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Last week we talked about the California Digital Newspaper Collection and how it is in jeopardy. I continue to urge you to donate to save the archives:
• Write to your State Assembly Person and State Senator (https://findyourrep.legislature.ca.gov/)
• Write to the UC Riverside chancellor: [email protected]
• Donate to the CDNC: https://www.givecampus.com/campaigns/61710/donations/
In line with the importance of the archives, without the California Digital Newspaper Collection, the story of Guiseppe Mariani’s demise, patriarch of the Mariani family, would be lost to us. All of these articles were found in the CDNA holdings and pieced together to tell the story of how this man died.
Almost one hundred and fifty years after this, I was able to sit with his granddaughter (featured in the photo above) and tell her about this. She had always just been told that he was, “in an accident and died at the county hospital.” She loved learning the extra bits about this and how her uncle, GD, had pushed and pushed for conviction. Note that her father was 8 or 9 years old at the time this happened to his father and his mother had just passed away. He was then raised by his older half-brothers.
May 11, 1871, Daily Evening Bulletin, San Francisco
Death from a Careless Blast
An inquest was held last evening by Coroner Letterman in the case of Joseph Mariani, who was killed several weeks ago by rock from a blast exploded at North Point. Following is the testimony:
Dr. M. J. Bolan, sworn- I am resident physician of the City and County Hospital. Joseph Mariani was admitted in the hospital on the 26th of April; he was bleeding from a wound on the right side of the face; found the bones of the lower jaw fractured. The wound extends from the middle of the ear to the chin. He was not conscious, and did not recover consciousness. He died on the 30th of April. After he had been removed to the room I noticed that he bled freely, and I had all I could do to stop the hemorrhage. I think he died from a fracture of the base of the skull.
George Dougherty, sworn- I was the contractor in charge of the blast that was set off at North Point. It occurred two weeks ago to-day. The blast was charged and the fuse lit. My horse was hitched to a fence across the street which is seventy-five feet wide. The moment the match was lighted to the fuse I called out “Fire” at the top of my voice as I always do, and the alarm being given. Mr. Story took my pony and I followed him in a northerly direction from the blast on the line of Bay Street, and when I got n the crossing I faced eastward. I saw Mariani standing on the wharf about half the distance down the wharf. I hollowed as loud as I could to him to go down the wharf and motioned to him to go further down, saying, “For Heaven sake go down the wharf.” I then turned and looked up Bay street, saw two horsemen and said to them “Fire,” and tey stopped. The blast was intended to sprint the rock for the purpose of making it larger. I took the ordinary precaution in this case so that no one should be hurt, or that any damage should occur. I put in about three cups full of powder, and I do not think that more than two carts full of rock was thrown out. I have been blasting there for 18 months, and nothing ever occurred before.
At this point, the enquiry was continued until this evening.
May 12, 1871, Daily Evening Bulletin, San Francisco
THAT FATAL BLAST.
Verdict: No One to Blame
The inquest in the case of the death of Joseph Mariani was resumed last evening by Coronor Letterman:
Leonard Story, Sworn- I was present when the blast was set off. I stood alongside of Mr. Dougherty when the blast was loaded. When he let the blast off he called out “Fire” and I ran across the street and took away his pony. The man who was working for Dougherty ran to the south calling out “fire,” while I ran to the north. The cry was given to warn people. Dougherty ran to the crossing of Bay and Kearny streets and I heard him say to someone whom I did not see, “For God sake get off that wharf, get further away.” I did not see the man because I was looking at some boys in a boat and warning them away. I do not know anything about blasting. I went there out of curiosity to see the blast off. Know Dougherty for one year. Did not know the man who was killed. Think Mr. Dougherty is a careful man. He has set off blasts in the vicinity of my house and if he had not been careful my place would have been damaged. At the time he was loading the hole he put in but very little powder. Asked him if it was all e intended to put in. He said that he only put in enough to blow the hole out. Dougherty is a temperate man.
George F. Goldsmith, Sworn- I am the dockman at the Merchants’ dry dock. I was on the wharf when Mr. Mariani was injured. I was within thirty feet of the hole when it was charged; do not know anything about blasting and cannot say if this one was properly made; do not know Mariani; have seen him several times on the dock, but never spoke to him. Mariani was about two hundred and sixty feet from the hole. Did not hear any alarm given. I ran away as soon as the charge was loaded. I was about forty feet from where the man fell, around the corner of the office on the wharf; did not hear any alarm given. After the blast was over I saw Marian lying on the wharf, and went to his assistance. There were eight persons on the wharf at the time. Curiosity led me to go and see the hold loaded. The office is about one hundred yards from where the blast was set off. On rock passed within eighteen inches of my head and struck the string piece of the wharf. Blasting has been going on at that place for a year, and this is the first accident I know of.
THE VERDICT
The Jury returned the following verdict: “We, the undersigned jury, impaneled to inquire into the cause of the death of Joseph Mariani, do find that the deceased was a native of Switzerland, aged fifty six years, and that he came to his death from injuries received from having been struck by a piece of rock in the City and County of San Francisco on the 26th of April, 1871, and died on the 30th of April, and that the death was accidental.”
March 26, 1872, Daily Evening Bulletin, San Francisco
Fifteenth District Court.
…DAMAGES BY A BLAST- The case of G.D. Mariani, administrator of estate of Guiseppe Mariani, deceased, vs. Geo. And John Dougherty, was on trial to-day. The suit was brought to recover $50,000 damages resulting from the death of deceased, caused by a blast which the defendants fired on the westerly side of Kearny street, between Bay and Francisco streets, on April 26, 1871. The deceased was passing at the time, and was struck on the head by a large rock…
March 28, 1872, Daily Evening Bulletin, San Francisco
Fifteenth District Court
…THE FATAL BLAST- The case of G.D. Mariani, deceased, against George Dougherty, et al, to recover $25,000 for being killed by a blast fired at the corner of Kearny and Francisco streets, was this forenoon argued and submitted. The jury, after two hours’ absence, returned a verdict for$200…
October 17, 1872, Daily Evening Bulletin, San Francisco
A MOCKERY OF JUSTICE
Ridiculous Verdict- Was it a Joke?
Some time since, G.D. Mariani, in his capacity of administrator of the estate of Guiseppi Mariani, sued George Dougherty and John Dougherty, to recover compensation in the sum of $50,000 for the death of Guiseppi. It was alleged in the complaint that on or about April 26, 1971, the defendants, who were contractors, exploded a blast on the westerly side of Kearny street, between Bay and Francisco, and that without any fault or negligence on his part, Mariani was struck on the head by a large stone thrown by the blast, and received injuries which caused his death soon afterwards.
The case was tried in the Fifteenth District Court before a jury, which returned a verdict in favor of the plaintiff for $200, which, under the law, would have to be paid in currency, and therefore, amount to about $180 in gold. The plaintiff moved for a new trial, on the ground that the evidence was insufficient to sustain the verdict. Judge Dwinelle today granted the motion. He said the jury had found the defendant, George Daugherty, guilty of neglect in preparing and discharging the blast, and that the fatal result was not occasioned by any neglect of the deceased. The death of plaintiff’s ancestor was thus caused, and the Court declared that it required no argument to convince any man of sense that $200 in currency would not be an adequate compensation for the loss of a father, and it seemed a mockery of justice to assess such and insignificant sum as a just and fair compensation, or for damages resulting from the reckless taking of human life. Judge Dwinelle concluded by saying that if the jury simply intended to indulge in facetiousness, the point of their proposed joke was not appreciated. The taking of human life was too serious a matter to be trifled with, and the Court would not join with the jury in their seeming merriment over the untimely death of a human being. A new trial was therefore granted.
In the years since, I have stood where he stood and looked out at the ships imagining what he saw in his last visions and even painted what he may have seen. I’ve found what happened to all of his descendants and have learned that the name does not live on. Even though I can’t bring their name back, I can be sure their stories live on forever. Newspapers and the written word are one way to do that. Again, please help save CDNC:
• Write to your State Assembly Person and State Senator (https://findyourrep.legislature.ca.gov/)
• Write to the UC Riverside chancellor: [email protected]
• Donate to the CDNC: https://www.givecampus.com/campaigns/61710/donations/
Helpful Links
Events: https://www.californiaancestors.org/events-and-education/
Special Interest Groups: https://www.californiaancestors.org/special-interest-groups-for-members/
Calendar view: https://www.californiaancestors.org/cgs_calendar/
Tips & Talk: Oakland FamilySearch Center Family History Classes: https://www.familysearch.org/en/centers/oakland_california/classes
