Page:California Historical Society Quarterly vol 22.djvu/124

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California Historical Society Quarterly

faces of the prisoners during divine services. This laudable sociological purpose found favor with both the recorder and the minister. The visitors were admitted. The prisoners were ushered into the courtyard, which was well shielded from the world by a tall plank fence.^^ Services began.

During the prayer there was a knock at the door.^^ The guard sang out that none would be admitted, but the door burst open as a mob of sixty grim- faced men poured into the yard.^^ The half dozen authorized visitors had already leapt into action and had both Whittaker and McKenzie in their clutches. Before astounded Judge Waller could blink an eye, the trembling criminals were whisked outside to a waiting carriage.^*

In the curtained carriage the two miserable wretches were hustled through the littered streets to the Committee's rooms on Battery Street and up the stairs to face trial. The Monumental bell up on Brenham Place gave tongue suddenly to the summons of the Committee, and a great crowd closed in on Battery Street from every side. Less than fifteen minutes after the prayer of the Reverend Mr. Williams had been interrupted, furtive little McKenzie and world-weary Whittaker were standing out in front of the headquarters. Around their necks were two ropes, which dangled from two beams jutting out from the second story above them. The men were pulled up off the ground with such speed and efficiency that not once did they fall.^^ The improvement in the Committee's hanging technique since Jenkins had been liquidated was noticed by all, but it is doubtful that Judge Waller was among the onlookers. He had had quite enough for one day.

Despite the deplorable conduct of his fellow citizens. Judge Waller re- tained his faith in their ultimate redemption. Whether he declined to run for a second term or was crowded out is not clear. In January 1852 he was succeeded by George W. Baker, 36 who subsequently had his courtroom in Room No. 6 on the lower floor of the New City Hall (the former Jenny Lind Theatre) on Kearny Street opposite the Plaza. 37 Royal H. Waller returned to his law practice, opening offices in Bolton and Barron's Building on Merchant Street near Montgomery. He moved his offices to the Montgomery Block a few years later. His partner was Henry L. Dodge." 38

On January 26, 1853, the Church Session of the First Presbyterian Church was increased by the installation of Judge Royal H. Waller and Messrs. Thomas Hopkins and Thomas C. Hambly .39 The next year the judge be- came a ruling elder,40 which he remained until his death more than ten years later. Toward the latter part of 1853 Waller became United States commissioner for Ohio, 41 an appointment which he retained for a number of years.

It was in 1854 that Mrs. Waller became one of the managers of the San Francisco Ladies Orphan Asylum Society, which by that time had erected a building of its own, costing about $25,000, and housing twenty-four orphans. 42 Five or six years thence Mrs. Waller would become president of this society. 43