Francisco Felipe Badillo, (1786 - 1859) born in Spanish Nueva España, was a political prisoner sent to Alta California in 1825, after his release he became the owner of a gambling house and a vecino in Santa Barbara. Later he became a ranchero that was granted Rancho Pecho y Islay in 1842 that he then sold in 1844. He also owned a small rancho in the vicinity of modern Carpinteria, California where he was hung by persons unknown with his sixteen year old son on August 24, 1859.[1]: 707 The Badillo hangings triggered a civil disturbance between the native Californio population and the recently immigrated Americans in the county, that would require U.S. Army troops to quell.
Early Life
editFrancisco Felipe Badillo was born about 1786 in San Juan Teotihuacán, Nueva España. According to the 1850 U.S. Federal census, Francisco Badillo was living in Santa Barbara, Santa Barbara County, CA, born about 1787 in Mexico. According to the 1852 California Census he was then age 66, making his birth date in 1786.[2]
Prior to coming to Alta California, Badillo was one of the companions of Vicente Gomez, 'el capador', described by Bankroft as: "a fiend in human form, thief and assassin, who is said never to have spared nor failed to torture any man, woman, or child of Spanish blood that fell into his hands..." [3]: 15–16
Francisco Badillo arrived on the ship Morelos in 1825 with sixteen other criminals. Badillo was sentenced to 10 years of Presidio work in chains, or to be shot without hesitation or formality should he venture to move from the spot where he might be put to work.[3]: 16 [4]: 76 According to his own admission, Badillo had been a highway robber in Mexico, and spoke freely and boastfully of his crimes.[5]
During this time of incarceration, Francisco Badillo married Petra Garcia June 11, 1830, in the Mission Presidio of Santa Barbara. His daughter from his first wife Petra Garcia, was Tomasa Badillo, and she was later married to Pedro Abelar [de Ablar], who was the son in law that was in partnership with him at the time of his death. His first wife subsequently died and he then later married her sister Rafaela Garcia, at the same Mission Presidio. Both of his wives were, daughters of Carlos Garcia and of Maria de Carmen Ayala, related to the influential Carrillo and Ayala Ranchero families of Santa Barbara".[2]
In 1833, while still a prisoner, he had been charged with a new robbery, but escaped punishment and when his time had expired in 1835 he was set at liberty.[3]: 16 [4] Francisco Badillo married the daughter of a well to do family in Santa Barbara, Rafaela Garcia on September 5, 1835.[6] Rafaela received a deed from her mother to the property on the west side of State street, the second lot below Canon Perdido.[7]
In 1852 Francisco deeded "all that lot, messuage or tenement his property with the house and buildings erected thereon, having thirty-five vara frontage on State street.....for and in consideration of the natural love and affection which he, Fancisco Badillo, hath and beareth to his legitimate wife, Rafaela Garcia de Badillo." This may have been where Rafaela was living at the time of the hanging of Badillo and his son as some accounts speak of a party of Carpenterians going to her home in Santa Barbara.[7]
Vecino and Ranchero
editAfter his release Badillo became the owner of a gambling house and a vecino in Santa Barbara. In 1838, Badillo came to the attention of José Antonio Carrillo and Governor Carlos Antonio Carrillo during their attempt to seize Santa Barbara, during the struggle with Governor Juan Bautista Alvarado for control of Alta California in 1837-38. He had a plan for its capture that had found favor with them.[3]: 549 This relationship seems to have paid off when in 1843 he was granted Mission San Luis Obispo lands for the Rancho Pecho Y Islay by Governor Manuel Micheltorena. No sooner had his title been confirmed in 1844, than he sold the Rancho to James Scott and John Wilson that also purchased the Rancho Cañada de los Osos from Victor Pantaleon Linares. The grants were consolidated in the 1845 grant of Rancho Cañada de los Osos y Pecho y Islay by Governor Pío Pico, to James Scott and John Wilson.
In 1850-51, Badillo is recoded a paying a business licence to sell liquors at his Monte House. Pedro Manuel de Abelar, Badillo's later business partner and son in law, took out a business licence in 1851.[8]: 80–81
From the city of Santa Barbara Rafaela Garcia de Badillo had bought, for thirty dollars, a tract of land "being situate between the Rancho of Las Ortegas and the Carpenteria, being known as Paraje de Toro" (residence of the bull). A tract of land "east of the Carpenteria stream" was deeded in 1853 to Rafaela Garcia de Badillo for four hundred dollars by Fancisco and Dolores Davis Arias. Land in Carpenteria was also in the name of her husband. In 1853 Fancisco Badillo and Peter Dianblar [this may have been Pedro Manuel de Abelar, who married his daughter, Tomasa, from his first marriage to Petra Garcia] sold for one hundred dollars sixteen acres fronting the Ventura road to Henry McDonohue whose land adjoined it.[7]
Thus it would seem that Badillo had a certain standing in the community that compensated in a measure for his evil reputation.
Per 1852 California State Census Francisco Badillo is living in Santa Barbara County, age 66, born abt 1786 Mexico Head Married Monte-Dealer, spouse name Rafaela.[2]
In 1859, Badillo had a ranch in Carpenteria, a Monte House in Santa Barbara as well as other property. He was also in business with his son in law buying and selling property. He was not a poor man.[9]
Death and its aftermath
editFrancisco Felipe Badillo was found hung at about 4 a.m. in the morning of August 24, 1859 in the woods near his house, in what is now Carpenteria. Also, hung was one of his sons, Eduardo Antonio Badillo, who was only 16 years old. Badillo's body with that of his son were found hanging to a tree with their feet very near the ground. [10] : 482
References
edit- ^ Bancroft, Hubert Howe, History of California, Vol. 2 (1801-1824), A. L. Bancroft & Company, San Francisco, 1885
- ^ a b c The Chaffee's Of the New World Starting With Thomas Chaffe; Badillo, Francisco Felipe
- ^ a b c d Bancroft, Hubert Howe, History of California Vol. 3 (1825-1840), A. L. Bancroft & Company, San Francisco, 1885
- ^ a b Angustias de la Guerra Ord, "Occurrences in Hispanic California", Academy of American Franciscan History, Washington, D.C., 1956
- ^ Recollections of Historical Events in California, 1843-1878(Concluded), William A. Streeter and William Henry Ellison, California Historical Society Quarterly, Vol. 18, No.3 (Sep., 1939), pp. 254-278, University of California Press in association with the California Historical Society, DOI: 10.2307/25160825, for Badillo, see pp.259-261, notes 90-91
- ^ Huntington.org Marriage Records #00205.
- ^ a b c Stockton, Georgia: La Carpinteria: A History of the Carpinteria Valley, Carpinteria Valley Historical Society, 1960. First edition. Octavo. 154pp. Plus Index.
- ^ Mason, Jesse D, History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers, Thompson & West, Oakland, Cal., 1883
- ^ From a report written by the officer, Brevet Major Carleton from Fort Tejon, California, dated 05 October 1859 to W. W. Mackall, Asst. Adjutant General, U.S. Army San Francisco, California.
- ^ Bancroft, Hubert Howe, Popular tribunals V.1, The History Company, San Francisco, 1887
DEFAULTSORT: Badillo, Francisco Felipe}} Category:People of Mexico Category:People of Alta California Category:People of Mexican California Category:Californios]] Category:Land owners from California]] Category:1789 births]] Category:1859 deaths]] Category:People of the Californias]] Category:American people of Mexican descent]]
- 259
- In 1859 considerable excitement prevailed here for several weeks, and trouble was expected between the native population and Americans, owing to the hanging of a Mexican and his son by the name of Badillo. This Badillo[90] was a bad character having been sent here in 1825 by the Mexican authorites as a convict. According to his own admission, he had been a highway robber in Mexico, and spoke freely and even boastfully of his crimes. Another son,
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- 260
- Pedro, who was more familiarly known as Chicuaso by the Californians and Six-toed Pete by the Americans, was obliged to leave the state some time ago owing to his crimes and is now living, I believe, in Lower California. The old mad Badillo owned no stock of any kind and yet he had plenty of fresh meat, and this circumstance, together with the fact that cattle were missed from the bands that grazed near, left little doubt as to the theif. He was even caught in the act. George Nidever[91] met him one day driving one of his cows towards his [Badillo's] house, but let him go, I believe, although he was surely tempted to shoot him. He also stole a cow from Carlos Ruiz, a Californian, and was arrested and proven guilty. A fine of $20 was, I believe, imposed, but Ruiz recieved no pay for his cow. In the month of _____ 18__ I came up from Los Angeles with Father ______. We stopped at Badillo's place. The Father asked him if he did not find it lonesome living there alone and so far away from any neighbors, as he then lived near Carpinteria Creek, and for at least a half mile on either side there was a heavy oak woods and his nearest neighbor was about ____ off. "Oh, no!" he said, "I am perfectly contented here and want for nothing. If I want fish or shell fish , the beach is nearby; if fresh meat, there is cattle all round me; and if I want money," placeing his hand significantly on his pistol, "this will get it for me."
- The old man's career was brought suddenly to an end, however. He was found one morning hanging to a tree near the roadside about a half mile from his house; and by the side of him his son also hung. A party in disguise came to the house in the night and took them away, and the following morning one of the boys found them and notified the neighbors. It was reported to the authorities in Santa Barbara, and a party went down and held an inquest, Dr. Ord being coroner. A posse under Sheriff Chateauneff accompanied them. Different parties were examined, but not the least trace of the perpetrators of this deed could be found. While the posse was there, and shortly after they had arrived, if I am not mistaken, a young man, a nephew and namesake of old George Nidever, came out of the woods by a path from some ranch beyond, and was on his way to____.
- One of the Badillo boys who was with the party cried out, "That is one of them." The posse fired a volley at him and he fell from his saddle almost shot to pieces. While he was leaning against a tree, dying as everyone supposed, a Californian by the name Pancho Leyba would have shot through the breast with his pistol had not the coroner pushed the pistol away, telling him at the same time that he must not shoot a man who had given up. The Nidevers and several Americans among them Coats and McKewen, were arrested on suspicion and kept in jail about eight days. They had no proof against them, and were obliged to let them go. Opinions were rife at the time, and even now, as to the parties who did the hanging and their motives, but I doubt if to this day it is known by any one, excepting the persons who did the deed. The majority of the Califorians attributed it to the Americans,
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- 261
- and particularly to the Nidever family who had suffered from Badillo's thieving propensites, and who were not men that would be imposed upon.
- Accordingly, the natives made threats of retaliation, and would in all probability carried them into execution but for the determined attitude of the Americans. The Nidevers never came to town or, in fact, went away from home without being well armed; and perhaps the majority carried weapons about them and were prepared at all times for an attack. The Californians knew full well the men they had to deal with and wisely refrained from exasperating them.
- Most of the Americans and some few of the natives were inclined to think that Badillo and his son were hanged by their own countrymen. Badillo had been arrested several times, and had said publicly that there were a great many in Santa Barbara no better than he, and that sooner or later he might expose them. There were still many desperadoes in the country, principally Sonorenos, who have always been the disturbing and criminal element in California, that were now keeping quiet through fear of the vigilance committees. Still horses were occasionally stolen and other depredations committed, and it is more probable that all of these bad characters were well known to Badillo.
- His threats of exposure would naturally convince them that their own safety demanded that he should be put out of the way. Complaints against Badillo had been repeatedly ignored or insufficiently satisfied by the justice and judges, and Badillo and other disreputable characters were harbored and protected by the De la Guerra's for political or other purposes. For this reason they were indirectly responsible for acts of these men. In 18__ a vigilance committee was formed and Pablo de la Guerra was summoned before one of their meetings and warned against retaining in his employ certain Californians or Mexicans who were known to be bad characters. [1]
8-24-1859 in Carpinteria, Santa Barbara Co., CA Birth: ABT 1789 in San Juan Teotihuacán, Mexico, Nueva España
- ID: P5789
- Death: 08-24-1859 in Carpinteria, Santa Barbara Co., CA
- Birth: ABT 1789 in San Juan Teotihuacán, Mexico, Nueva España
- Burial: The small cabin which Francisco lived in was located north of Carpenteria Avenue, off Lindan Avenue, in Carpenteria. Per burial register #1517 SBMAL Padre Jaime Vila gave a "church" burial to Francisco & Eduardo Badillo. Unknown grave location. 08-25-1859 Mission Santa Barbara Cemetery, Santa Barbara Co., CA
- Name: Francisco Felipe Sr. Badillo
- Sex: M
- Note:
- Per 1850 U.S. Federal census Francisco Badillo is living in Santa Barbara, Santa Barbara, CA, born abt 1787 Mexico
- Per 1852 California State Census Francisco Badillo is living in Santa Barbara County, age 66, born abt 1786 Mexico Head Married Monte-Dealer, spouse name Rafaela
- Per the Marriage Certificate of Francisco Badillo and Rafaela Garcia, translated and researched by Alex Grzywacki, volunteer for the Santa Barbara County Genealogical Society & Vice Commander (Graves Registration Officer) Sons of Union Veterans of the Civil War, William T. Sherman Camp #28 Santa Barbara County, California and Project Researcher for the lost graves of the men who served during the Civil War with the 1st Battalion Native California Calvary, Company C:
- "Mission Presidio Santa Barbara Marriage #205 states Francisco Badillo, widower and Rafaela Garcia, single. On the 5th of September 1835, having presided at the presentation of the involved people and the information for the council seriously/solemnly having given dispensation for impediments for the bonds of affinity in the first degree*, by R.P. President Fr. Narcisco Duran and not having other impediments to the lawful union and in condsideration of this by the President, Francisco Badillo, native of [San Juan Teotiguacan], widower of Petra Garcia; and Rafaela Garcia, single, daughter of Carlos Garcia and of Maria de Carmen Ayala. Witnesses: Jose Maria Roxo and Alta Garcia." [* "afinidad en primer grado por copula licita"]"
- Per Huntington.org Marriage Records, http://missions.huntington.org/MarriageData.aspx?ID=206: Francisco Badillo married Rafaela Garcia 05 September 1835 Mission Presidio Santa Barbara #00205. Francisco's information not stated. Rafaela's information not stated. Franciso's previous wife stated as Petra Garcia [sister], baptized Mission Presidio Santa Barbara #00468X, death Mission Presidio Santa Barbara #00291X. Rafaela's father is stated as Carlos Garcia, baptized Mission San Carlos Borromeo #00428X and mother is stated as Maria del Carmen Ayala, baptized Mission Presidio Santa Barbara #00052X. Sacrament Witnesses are Alta Gracia Garcia and Jose Maria Roxo. Officiant and Recoreder is Antonio Ximeno.
- Per Badillo family descendant Ellen Allen: "Francisco Badillo was a political prisoner when he first came to California. He then married and started a business and bought land. He married twice. He married sisters; Maria Petra Garcia (which was my ggg grandmother) and Maria Rafaela Garcia. I am from his daughter from his first wife Petra Garcia. Her name was Tomasa Badillo, and she was married to Pedro Abelar [de Ablar], who was the son in law that was in partnership with him. He was a merchant, and there was also something going on with his death and what happened to his estate. I have been researching, but I have not found any connections yet with the two. He was married to Rafaela Garcia when the incident [hanging] happened. Also, hung was one of her sons, Eduardo Antonio Badillo, who was only 16 years old, and it was witnessed by the other younger children. They were hung on the morning [4 a.m.] of August 24, 1859 in Carpenteria. His wives were related to the Carrillo and Ayala families of Santa Barbara".
- The following article was written by Michael Redmon, Director of Research at the Santa Barbara Historical Society[1]:
- "Santa Barbara's transition from Mexican pueblo to American town during the 1850's was not always an easy one. As the American segment of the population grew, tensions increased between the new arrivals and the Californios, tensions exacerbated by hotheads on both sides. At the end of the decade, violence and, for a time, law and order virtually disintegrated. A number of contentious issues separated Americans and Californios. The former resented the political power of the majority Californios. Differences between Catholic and Protestant were also bones of contention. Language was a flashpoint. The city's only newspaper, The Gazette, urged that school be conducted in English only, a suggestion to which the Californios took offense. In response, steps were taken that effectively drove The Gazette out of business. Bandit activities had further sown suspicion and had led to short-lived attempts at vigilantism in mid-decade. Tensions had reached a dangerous level. On August 24, 1859, local officials received word [by two of Badillo's young sons] that one Francisco Badillo, who lived in the Carpenteria Valley, and one of his teen-aged sons had been hung the night before. The coroner, mayor and ex-sheriff [Russell Heath*
- NOTE: In 1858 Joaquin De La Guerra was appointed to fill out Heath's term. In 1859 Albert A. Chateauneuf, a Ventura resident, was elected - but only held that office for half the year. For the latter part of 1859 to 1862 Thomas Dennis was the Sheriff]
- with a party of around 20 riders set forth to investigate. They discovered the two bodies dangling from an oak tree near the Badillo home. Badillo had an unsavory reputation as a suspected horse thief and cattle rustler. Two of Badillo's younger sons told the party what they had seen the previous night: A party led by John Nidever and his three sons had committed the lynching. Just then, one of the Nidever sons, George, was spotted riding nearby. Part of the party broke away, rode Nidever down, and proceeded to shoot, stab, and beat him almost to death. The testimony of the two Badillo sons led to the arrest of John Nidever, one of his sons, and three accomplices. Charges were then brought against the men accused of assaulting George Nidever. In early September, a grand jury was impaneled to investigate the charges against both groups of men. The grand jury consisted of eight Americans and eight Californios. The result, reported on September 14, was predictable--the jury split right down the middle over the convictions of the two groups, and all parties were released from custody.
- This, of course, satisfied no one. A few days later, John Nidever had an altercation with Badillo's widow and one of her grown sons. The shouting match was quelled by a constable. Nidever also had a run-in with one of the men accused of wounding his son George. Nidever threatened to shoot him, and the man escaped by jumping off a small cliff. Emotions were now at a fever pitch. On September 25, a large group of Americans confronted one of the town's leading Californios, former state Senator Pablo De la Guerra. The Americans demanded that three of the men acquitted in the attack of George Nidever, along with Mrs. Badillo's son, leave town or face dire consequences. For their safety and head off the possibility of further violence, De la Guerra convinced the four to leave. By this time, local government was in a shambles. The offices of the mayor, district attorney, and sheriff were all vacant. For a time, County Judge Charles Fernald and De la Guerra seemed to be the only voices of law and order.
- The situation was such that federal troops from Fort Tejon were called in to ensure peace. The appearence of troops headed off further trouble and gradually tensions subsided. In his report, the troop commander, James H. Carleton, criticzed both sides. "Both classes seem to have lost sight of the fact that they are American Citizens in common--having equal rights and bearing equal responsibilities." The crisis had passed, but the antagonisms would linger." Michael Redmon, What Is the History of the Badillo Affair? Tensions Erupt Between Californios and the New American Arrivals, Santa Bsrbara Independant, Sunday, October 4, 2009
- According to a book "Occurrences in Hispanic California", written by Angustias de la Guerra Ord in 1956 [Acadamy of American Franciscan History], page 16: "Those on the island [Santa Cruz], being there some time, lost what they had by fire. We saw the flames from here. A long time passed before succor could be sent to them because the schooner which was used to carry supplies to the islands had not arrived. The convicts made some rafts and came here on them. Some landed at Carpenteria or the Rincon and were taken and confined in the guardhouse. Corporal punishment was ordered inflicted by rods or lashes---2 or 3 were very badly treated. Later the Comandante was obliged to send for the rest. They all came to Santa Barbara and complaint was never made of them. Some were sent to Monterey. Before this convict expedition arrived, there had been another from Mexico to Monterey in which came Francisco Badillo and others whose names I do not mention because they have left respectable descendants or relatives whom I should not disgrace. I cannot give the reason for all this because I was a very young girl at the time and it was the custom in those days among the adult Californians not to say anything in front of the children about wickedness except in a very general way, never referring to particular persons not only to avoid "opening their eyes" but that they might not at any time point out any family which had the disgrace to be related to some individual who had been a criminal."
- Page 76: "The island to which they were sent was Santa Cruz. Because of this episode, the location to which they were sent is known today as "Prisoners Harbor". Francisco Badillo arrived on the ship MORELOS in 1825 with 16 other criminals. Eight or nine of these had definite sentences, while the others were simply banished to California. Badillo was sentenced to 10 years of Presidio work in chains. When his time had expired he was set to liberty."
- Per documents at the Mission Santa Barbara Mission Archive-Library & the Carpenteria Historical Society regarding the hanging incident: "During the time of unrest between the Californiano's and American's, there was a large riot in Santa Barbara and the military had to be brought from Fort Tejon to stop the fighting between the Americanos and the Californianos . There is a document in the Santa Barbara Archives which is the report written by the officer, Brevet Major Carleton from Fort Tejon, California, dated 05 October 1859 to W. W. Mackall, Asst. Adjutant General, U.S. Army San Francisco, California; Bancroft Vol. XXXVI Vol. 1 Grand Jury Report 17 September 1859] in charge at the time and the report also states that John Nidever, at least one (there were three reported) of his sons, Ebenezer Nidever, William Callis [step-brother to Martha Jane Callis, who married John Marion Nidever II], M. Coates and John McKeon were involved in the hanging of a man named Francisco Badillo and one of his sons, Eduardo Antonio, age 16, on 08-23-1859 in Carpenteria. He was over seventy years old, had a ranch in Carpenteria, a Monte House in Santa Barbara as well asother property. He was also in business with his son in law buying and selling property. He was not a poor man. He was accused of stealing a cow." [NOTE: Besides Ebenezer J. Nidever, the other two Nidever sons riding with their father possibly were David Allee and John Marion Nidever II - twc 2009]
- The following is from a book "La Carpenteria - A History of the Carpenteria Valley," which was sent to me from the Carpenteria Historical Museum: "The years of the 1850 decade saw Carpenteria Valley's American population well established, and on the the increase. History gives little detail of the period, it is easy to assume that all was peaceful and that the Spanish and Americans lived amicably together. While the Spanish felt resentment towards the Americans, regarding them as intruders, most of them were busy acquiring and developing their holdings in the valley, the men transacting necessary business and the women busy at home. The barrier of language was the chief obstacle to understanding. However, in 1859 occurred an incident which roused all the old animosity among the Spanish and set off a train of suspicion and accusations that reached into public offices and courts in Santa Barbara and received wide notice in state newspapers.
- Earlier histories have taken for granted the fact the Badillo was a criminal, some stating that he was one of a company of prisoners exiled by the Mexican government to Santa Cruz Island. They say that fire destroyed their island camp and that Badillo and his two sons floated to the mainland near the mouth of the Carpenteria creek on a raft made of sheepskins stretched between poles. There seems to be no doubt that Badillo had a past. William W. Streeter of early Santa Barbara wrote in an article for the California Historical Society that Badillo had come to to Santa Barbara with a sentence of ten years of Presidio work in chains for crimes committed father south. Records seem to point that Badillo had come as a prisoner directly to the Presidio, perhaps for political mis-doings. One may presume that he was a likeable character with a large amount of persuasiveness, for although his prison term was not strictly enforced -- he was permitted to go at large on occasions and was charged with robbery during those intervals -- he was freed in 1835 when his sentence expired. Badillo married Rafaela, a daughter of Carlos Garcia, whose father, Francisco, had come from Spain and married Maria Luisa Ortega. Rafaela's mother was Maria de Carmen, a daughter of a well to do family in Santa Barbara. Rafaela received a deed from her mother to the property on the west side of State street, the second lot below Canon Perdido. From the city of Santa Barbara she had bought, for thirty dollars, a tract of land "being situate between the Rancho of Las Ortegas and the Carpenteria, being known as Paraje de Toro" (residence of the bull). A tract of land "east of the Carpenteria stream" was deeded in 1853 to Rafaela Garcia de Badillo for four hundred dollars by Fancisco and Dolores Davis Arias. Land in Carpenteria was also in the name of her husband. in 1853 Fancisco Badillo and Peter Dianblar [ this may have been Pedro Manuel de Abelar, who married his daughter, Tomasa, from his first marriage to Petra Garcia] sold for one hundred dollars sixteen acres fronting the Ventura road to Henry McDonohue whose land adjoined it. In 1852 Francisco deeded "all that lot, messuage or tenement his property with the house and buildings erected thereon, having thirty-five vara frontage on State street.....for and in consideration of the natural love and affection which he, Fancisco Badillo, hath and beareth to his legitimate wife, Rafaela Garcia de Badillo." This may have been where Rafaela was living at the time of the hanging as some accounts speak of a party of Carpenterians going to her home in Santa Barbara. Thus it would seem that Badillo had a certain standing in the community that compensated in a measure for his evil reputation. Streeter tells of coming from Los Angeles with one of the Mission priests. They stopped at Badillo's cabin and the priest inquired if he did not find it lonely living thus. Badillo replied with a show of bravado that approached insolence that he was contented and wanted for nothing. If he wanted fish the beach was nearly; if he wished fresh meat, there were cattle at hand; if he needed money -- he patted the pistol in his belt. It was a known fact that he killed cattle for his own use; George Nidever found him driving one of his cows away from the herd; Carlos Rodriguez had him arrested for stealing a cow but did not prosecute him.
- But Badillo pushed his luck too far, and on the morning of August 24, 1859, his young son [two young sons] arrived at the ranch of ex-sheriff Russell Heath with the news that his father and brother had been dragged from their cabin by a group of men and hung. Russell Heath and the coroner, Dr. Ord, accompanied by a posse went to the spot where the bodies hung, surrounded by a crowd of Spanish and Americans. The Badillo boy accused one of the Nidevers, who was arrested along with men by the names of McKeon, Coates and William Callis. After a trial in Santa Barbara which lasted two days the grand jury brought in a verdict of "no bill" and the men were set free. This caused a new wave of indignation to sweep the Spanish population of the town. The mayor, Antonio de la Guerra, resigned as did the sheriff, leaving only the clerk and treasurer in the county's offices. They appealed for state troops to keep order and twenty-six dragoons from Fort Tejon were stationed in Santa Barbara for more than two months. Public opinion, especially among the Spanish, still directed suspicion toward the men accused of the hanging and we are told that, for a long time, those men never appeared without being fully armed. They and many other Americans of the period were men who had crossed the plains, had met and dealt with hostile and thieving Indians as they felt they deserved. They regarded Badillo and his stripe as being in the same class and my have taken the law into their own hands. The Californios felt that the process of law had been ignored, and that justice had been outraged by these Americans who had invaded their territory. One cannot help wondering why Francisco Badillo chose to live the life of an outlaw when he seems to have owned enought property at different times to provide for himself and his family. Perhaps he found the life of an ordinary citizen a bore, and preferred the isolation of his cabin on the bank of Carpenteria creek. There was an element among the cooler-headed Americans who thought Badillo might have been murdered because he knew too much of the activities of Sonorans who were operating in and around Santa Barbara, some of them said to be in the employ of the best Santa Barbara families and their crimes ignored by county and city officials who profited through them, politically or personally. Streeter writes of a vigilance committee formed in Santa Barbara to wait upon one of the city officials to warn him against retaining certain notorious characters in his employ. Altogether it was a period of turmoil in the mannner of best TV westerns, and Carpenteria was the point of contact where the whole fair was set off. Time took the edge off the affair in the memories of the valley's Spanish, although it was many years before they ceased to use the contemptuous term "bluebellies" in speaking of Americans. Later generations, who have heard the story from their parents, agree that probably Francisco Badillo received his deserts, but the mob should not have hung the boy who "if he had stolen cattle had just done what his father told him to do."
According to The Works of HUBERT HOWE BANCROFT (1887) - Vol. XX Chapter "History of California", page 16: "One of the companions of [Vicente] Gomez: "a fiend in human form, thief and assassin, who is said never to have spared nor failed to torture any man, woman, or child of Spanish blood that fell into his hands"] bore the illustrious name of Fernando Cortes, 'de muy mala fama en toda la republica,' but of whose Californian experience nothing is known. Another was Joaquin Solis, 'principal agente de Gomez, de muy mala conducta, voz general ser ladron,' who acquired fame as leader of a revolt in 1829, described in chap. iii. of this volume, as did also in lesser degree in the same affair another companion, Antonio Avila, condemned to death for murders and robberies in Puebla, but pardoned on condition of exile to California. Another of the band was FRANCISCO BADILLO, sentenced to 10 years of presidio work in chains, or to be shot where he might be put to work. In 1835, the time having expired, Badillo was set at liberty, but remained in the country. (Dept St. Pap., Ben. Mil., MS., lxxvi. 20-2) In 1833 he had been charged with a new robbery. (Id., lxxiv.44) He was married in 1830 to his mistress at Santa Barbara. (Carrillo (Jose), Doc. Hist. Cal., MS., 26) He at one time kept a monte bank at Santa Barbara, and Manuel Castro once found him concealed under the table, and stealthily reaching out to steal his own money, merely, as he said, to keep in practice! After a long career as cattle thief, he was finially lynched about 1860, his body with that of his son being found one morning hanging to a tree with the feet very near the ground. A little granddaughter wept bitterly because the cruel Americans allowed her grandpa to die when a little earth under his feet would have saved him! Another son known as Six-toed Pete [Pedro "Pete" Mathias Badillo from his first wife Petra] escaped across the frontier. (Alvarado, Hist. Cal., MS., ii. 251-3; Streeter's Recol., MS., 159-63)"
According to The Works of HUBERT HOWE BANCROFT (1887) - Vol. XXXVI Popular Tribunals Vol. I, page 482 [Country Committees of Vigilence] : "On Tuesday, the 23rd of August, 1859, at midnight, two men were executed in the woods of Santa Barbara. They were FRANCISCO BADILLO, aged eighty, and his son, fourteen years of age. Their horse-theiving achievements were notorious, but the course pursued by the mob was strongly censured. On the following day the coroner and jury proceeded to the spot where the bodies were hanging and received the testimony of Badillo's sons, eleven and thirteen years old. An excited crowd of native Californians had gathered, and threats of vengeance were muttered against the Americans. George Nidever, a crippled youth riding by, was suddenly pointed out by the younger of Badillo's boys as one of the murderers, when the enraged law-abiders stabbed, shot, and clubbed the poor fellow until he lost conscousness. Several persons were arrested for assaulting Nidever, but were acquitted, as were also George and John Nidever, and others arrested on suspicion of the death of Badillo."
- The Montecito Cemetery I
- According to historian David Myrick’s book on the history of Montecito, there was a cemetery near the original Mt. Carmel Church of 1857, which was in the same location as the present day church. N 34 26' 10" W 119 38' 28"
- ^ Recollections of Historical Events in California, 1843-1878 (Concluded), William A. Streeter and William Henry Ellison, California Historical Society Quarterly, Vol. 18, No. 3 (Sep., 1939), pp. 254-278, University of California Press in association with the California Historical Society, DOI: 10.2307/25160825, Stable URL: http://www.jstor.org/stable/25160825 for Badillo, see pp.259-261, notes 90-91