Sounds of summer night, Santa Rosa 1907: Crickets, someone’s barking dog, lowing of cattle in the stockyard, a freight train whistle, the blamma-blamma of two guys shooting away at each other at close range outside a popular downtown restaurant. Note to the next Broadway producer who revives “The Music Man:” Clue us in that most of the respectable citizens in those cute little nostalgic towns usually carried loaded pistols.
In one of the most sensational events of the year, 31 year-old barber Andy Carrillo was out late Friday night and discovered his wife drunk, apparently flirting with another man. Carrillo socked him in the face and drew blood; the man stumbled back into the restaurant. A friend of the bleeding man charged outside and hit Carrillo who drew his pistol, shooting this man in the chest. Carrillo fired a second shot that broke a window and grazed the cheek of Frank Miller, yet another man inside the restaurant. Miller charged outside with his own gun drawn. He and Carrillo fired at each other at point blank range, but mirabile dictu, neither of them were wounded, and the man shot in the chest was not seriously injured. Carrillo fled with Miller still firing away. Police arrived and began searching for Carrillo, who they found hiding in his bed as if nothing were amiss.
Carrillo was out the next day on $1,000 bail, which was paid in part by saloon man Jake Luppold. It was decided he would appear in Superior Court on charges of assault with a deadly weapon. His wife Jennie, meanwhile, was sentenced to 30 days in jail “as a result of being drunk the night in question.”
When the case came to trial, no details were disputed except that the man allegedly hit in the face by Carrillo testified “he was not certain who had struck him.” But after three ballots the jury could not decide on guilt, although the votes always leaned heavily towards acquittal.
Why Carrillo was able to shoot someone in the chest yet even not be found guilty of assault is a mystery. Also odd is that his wife served a month in jail for drunkenness, while the usual sentence at the time was 10-14 days. Another woman arrested for public drunkenness paid $5.00 and no jail time, according to the October 29 Republican, and a man arrested the same day was sentenced to five days in jail because he could not pay the $5 fine.
FIGHT DUEL AT EARLY HOUR ON THIRD STREET
Andy Carrillo Engages in Desperate Battle
W. N. Hall Shot in Breast and Frank Miller in Face During Melee Resulting From Attack on Charles MajorsAndy Carrillo who had just shot W. N. Hall fought a pistol duel in front of the Campi restaurant [on Third street, near the corner of B -ed.] shortly before one o’clock this morning with Frank Miller. Both men marvelously escaped injury and although Carrillo escaped from the scene quickly and hid at home he was captured by Officers Yeager and Lindley and locked up in the county jail within half an hour.
There had been a banquet in progress at the Campi, which about 45 members of the Bricklayers and Plasterers’ Union were attending. Mrs. Jennie Carrillo, who was under the influence of liquor, had been hanging about the place trying to interest some of the men without result. Finally Charles Majors went out to go home, but discovered that his wheel had been stolen. He reported the loss to the men inside and returned to the walk. Mrs. Carrillo was talking to him when her husband came around the corner and seeing them together walked up and struck Majors a brutal blow in the face, laying open a great gash in his cheek.
Majors rushed back into the restaurant with blood streaming from his face, and when his companions were told of the assault they rushed out with W. N. Hall in the lead. When Hall reached the sidewalk he was met by Carrillo who he struck for assaulting Majors. Carrillo jumped back, drew his revolver and fired at Hall, the bullet striking him just over and dangerously near the heart [then] crashed through the window in the restaurant, imbedding itself in the wall. Hall jumped behind a tree and the others not being armed rushed back. Carrillo fired another shot which passed through the window grazing Frank Miller’s cheek.
Miller, who was back in the restaurant, was forcing his way to the door and in an instant was face to face with Carrillo. Seeing him with a weapon Miller pulled his and the two fired almost instantaneously. That one or both were not hit seems marvelous, as they were right upon one another. Carrillo turned and ran up Third street and Miller again fired at him without effect.
Officer Yeager was standing in front of Germania Hall at the time and rushed to the scene of the shooting at once. Officer Lindley and Skaggs were eating supper in the Boston restaurant and were on the scene within a few moments. Their first effort was to capture Carrillo, and taking the direction of his disappearance a hurried run was made up through First, Second, and Third streets as far as E and back. Then Yeager proposed that Carrillo’s home be examined. He and Officer Lindley went to the house, where after some delay the door was opened. Carrillo was found and placed under arrest and taken to the county jail where he was locked up.
Dr. Jesse was called and arrived on the scene in his auto within a few minutes. He took Majors and Hall to his office where he dressed their wounds. Neither are dangerously injured, but it was a close call for Hall. The bullet struck him a glancing blow which saved his life. He remained at the restaurant for some time after the affair discussing it with other members of the union. Miller’s face was cut by the bullet which narrowly missed ending his life before he left the restaurant.
– Press Democrat, July 28, 1907
CARRILLO IS FACING JURY
Charged With Assault With a Deadly WeaponAndy Carrillo, charged with assault with a deadly weapon, was brought to trial Wednesday before Judge Emmet Seawell and a jury. The jury is composed of…
…The first witness was Charles W. Majors, who narrated how he had been banged in the face when he started out of the restaurant where the shooting occurred on the night of the alleged offense. Majors declares he was not certain who had struck him. He returned to the restaurant with blood streaming from his face, and this sight broke up the banquet which was being enjoyed there.
Fred Forget, the second witness, testified to being at the banquet. He saw Majors come in covered with blood, and with other rushed out to the front door of the restaurant. Outside the witness saw Andy Carrillo standing with his hands in his pockets. Walter Hall forged ahead of witness and Carrillo raised his hand containing weapon, and with a string of oaths began firing. Hall need no air breaks [sic] to stop the speed at which he was traveling toward Carrillo. He reversed himself quickly and sped into the restaurant. He had walked right out, turned right around and run back in again.
Hall followed Forget in the narrative being give the jury, and his version of the affair tallied exactly with that of Forget.
Officer I. N. Lindley and Chief of Police Fred J. Rushmore testified to the arrest of Carrillo and the finding of the weapon with which the shooting had been done. Rushmore testified the weapon was still warm when he picked it up in Carrillo’s room on First street.
– Santa Rosa Republican, December 11, 1907
THE CARRILLO JURY FAILS TO AGREE
Discharged by Judge Seawell Thursday Night–Stood 10 for Acquittal, 2 for ConvictionThe jury in the case of the state against Andy Carrillo failed to reach a unanimous verdict in Judge Seawell’s department of the Superior Court and was discharged by the court in the evening when the jurors had announced that it would be impossible for them to agree.
The first ballot taken by the jurors after they had retired was eight for acquittal and four for conviction. Then it was nine for acquittal and three for conviction. Then it went to ten for acquittal and two for conviction, and this is how the jury hung.
The case went to the jury after arguments by District Attorney Clarence Lea and Attorney T. J. Butts, and the instructions of the court, about half past three. The jurors asked to have certain portions of the testimony read to them, and for this purpose were brought into court twice. When supper time came they were taken to the California Oyster Market for supper, accompanied by Deputy Sheriff Don McIntosh. After supper they returned to court and remained in their room until discharged.
– Press Democrat, December 13, 1907