Mariposa Historical Express
An Affray at Coulterville:
Justifiable Homicide
Mariposa county was the stage for several racially motivated crimes in the 1850s, the Coulterville and Maxwell's Creek diggings being a case in point. In April, 1856 a correspondent of a Monterey area newspaper enumerated sixteen known casualties in one incident in which "foreign" miners were chased by organized groups of Americans and slaughtered like cattle. Mexican, Peruvian, Chinese and Chilean alike were mercilessly shot and left to rot wherever encountered--in the brush, on the road and in their cabins. The local constable opted to look the other way, fearing retribution from members of the temperamental mob.
For an individual to intervene in the case of an unjust act, risking his own life in the process, was rare. But Jim Shimer, a well known Coulterville resident, proved to have been a man of exceptional courage A popular and liked figure in the diggings, many hot summer afternoons were spent in the shade of Shimer's blacksmith shop conversing with customers and friends.
About sundown one sultry day in October, 1855, Shimer was talking to his brother Ezekiel and his friend Thomas Scott. Upon hearing the approaching voice of former justice Decatur.C. Powell, they paused, listening intently. Speaking in another tongue, an agonized voice responded to Powell in a pleading, remonstrative tone.
Suddenly Powell appeared at the corner of the building where a fearsome scene unfolded. Powell was viciously beating a half-naked male Indian whom he prodded before him with a cane. The poor man was repeatedly clobbered in the face and kicked like an animal.
Addressing the elder Powell by name, Ezekiel Shimer insisted that he not abuse the man. Powell just glowered at Jim Shimer and Thomas Scott as they approached the prisoner.
"You can't prevent me from taking this Indian," Powell growled stubbornly. No sooner were the words uttered when a desperate struggle was made to extricate the captive from Powell's grasp. The native was finally freed and speedily conveyed up the street in the direction of the magistrate's office.
"Goddamn you people for interfering in my business! I didn't give the rascal any more than he deserves! You can all go to hell, and Coulterville can too!"
Fully enraged by this time Powell had drawn a knife and made a lunge at Jim Shimer, who sprightly avoided the thrust. A bystander handed Jim a pistol which he pointed at Powell. In the act of stepping backwards Jim tripped and fell hard on the dusty street. Ordinarily this would have given his adversary a 'leg up,' but before landing Shimer managed to squeeze off a shot which struck Powell. With unaccountable strength he closed on the prone Shimer and had poised his dagger only three inches from his breast in readiness to filet poor Jim!
Fate smiled on Jim as Ezekiel Shimer caught Powell by the arms and threw him back. This enabled Jim to arise, six-shooter leveled.
Powell stood there a moment, unsure of what to do. He then retreated about four feet when Shimer fired a shot which took effect in the former's back. Powell frantically ascended the porch of the Eagle Hotel, threw his left arm around a post and swung around to face his enemy.
Shimer raised his weapon and fired again.
Powell felt the effect of the pistol ball, crying out, "That was the shot that killed me!" Powell then entered the building, and exited the rear. In the back yard Powell--Coulterville's first Justice of the Peace--fell mortally wounded.
Jim Shimer was examined before Justice of the Peace Scott to determine whether or not to charge him with Murder. After interviewing several witnesses to the affair no sufficient cause was found to indict Shimer, and Justice Scott released him. The smithy had not only fought bravely in defense of his life, but acted swiftly and courageously on his conviction to see justice done.
Table of Contents
posses, indian outlaws, coulterville, shootouts, duels, ghost towns, 49ers, mariposa, california history, mariposa history, legends, bandits, outlaws, lawmen, desperadoes, mariposa county, mariposa county history, mariposa legends, peace officers, historical express, gold rush history, gold rush bandits, california gold rush, california, mother lode country, mother lode legends, gold rush stories, wild west tales, the