Thanks,
Bonnie Vent

Source #1
http://ftp.rootsweb.com/pub/usgenweb/ca/sandiego/history/1922/cityofsa/chapterv267gms.txt

Col. Haraszthy went out with a small party and captured the
notorious Bill Marshall, who is said to have ordered the murder of Mr. Slack and
three others at Agua Caliente. [The Mr. Slack was Levi Slack, partner of E. W.
Morse.] This Marshall is said to be from Providence, R. I., and came out to this
country in 1844 in a whale ship, from which he deserted. He married a daughter
of one of the chiefs of this tribe which has committed these depredations, and
is believed to be the chief agent in banding together these hostile tribes of
Indians. He is now undergoing a court-martial trial at Old Town which is not yet
concluded. They have engaged some three days in examining witnesses and have not
yet decided whether they will hang him or not. Colonel Haraszthy is the
presiding judge and the prisoner is defended most ably by Major McKinstry-Judge
Robinson in behalf of the State. The testimony thus far has been very
conflicting, and many persons believe Marshall to be innocent, although the
great majority are for hanging him."

The next issue, December 18, told of Marshall's fate:

"The trial of Bill Marshall and Juan Verdugo was concluded on Friday evening
last, and on Saturday morning it was announced on the Plaza that they would be
executed at 2 o'clock the same day. The Fitzgerald volunteers were ordered to be
on duty at that time to conduct the prisoners to the scaffold, which had been
erected a short distance out of town, near the Catholic burying grounds.

"The graves were dug and all preparations made during the forenoon, for
carrying out the sentence of the court-martial. At about 2 o'clock the
volunteers were under arms and the people began to gather in considerable
numbers about the Plaza and courthouse. A priest was with the prisoners most of
the forenoon and accompanied them to the gallows, where they received final
absolution.

"Marshall said he was prepared to die and hoped to be pardoned for his many
transgressions. He still insisted that he was innocent of exciting the Indians
to murder the whites, the crime for which he was about to die.

"Verdugo spoke in Spanish. He acknowledged his guilt and admitted the
justness of the sentence passed upon him; said he was ready to yield up his life
as a forfeit for his crimes and wickedness.

"The ropes were then adjusted-the priest approached them for the last
time-and said some consoling words to them-repeated a final prayer-extended the
crucifix, which each kissed several times, when he descended from the wagon,
which immediately moved on, leaving the poor unfortunate wretches about five
feet from the ground. Marshall struggled considerable, but Verdugo scarcely
moved a muscle. Both of them were in their shirt sleeves, and neither of them
hoodwinked.

"After being suspended about an hour and a half, the bodies were cut down
and interred in the Catholic burying ground."

Antonio Garra, the Indian chief of the tribe which had been in the vicinity
of Warner's was captured soon after this, was tried and convicted by
court-martial on charges of murder and theft growing out of the uprising. The
Herald in somewhat vivid words describes his execution in its issue of January
17, 1852. The execution was at Old Town, "the sun's last rays were lingering on
the hills off Point Loma" as the firing squad did its work, and "in an instant
the soul of the 'brave' winged its flight to the regions of eternity,
accompanied by the melancholy howling of dogs, who (sic) seemed to be aware of
the solemnity of the occasion-casting a gloom over the assembled hundreds."

The Fitzgerald Volunteers were a company so named in honor of its commander.
Major G. B. Fitzgerald, an army officer. With him served Cave Johnson Couts as
Captain, Agostin Haraszthy, Robert D. Israel, Philip Crosthwaite, Henry Clayton,
George P. Tebbetts and other well known San Diegans of the time; as Editor Ames
has said, nearly all the men from San Diego went out with this force, determined
to strike a punishing blow on the Indians. Col. J. Bankhead Magruder was in
command of the American troops quartered at the old Mission, but he had only a
few men, and the equipment of guns was poor. He lent some guns to the
volunteers. Marshall was caught by a scouting party. Garra was given up by an
Indian chief, whom he tried to win over from sympathy with the whites. Manv
Indians were killed in this "cleaning-up" work of the volunteers and regular
troops, and this retaliation had such an effect that after that time there was
no other serious outbreak in this section. There were murders, marauding and
pillaging, but no real warfare. In and near San Diego the Indians sometimes got
intoxicating liquor, with the usual results, and there were many stabbing and
cutting affrays. Vigilante parties took care of the situation from time to time,
official authority being apparently slow in action.

_________________________________

Kuneyaay history is pretty much the same.

Source #2 http://www.kumeyaay.com/history/article_detail.html?id=55

Fitzgerald's Volunteers left San Diego on December 27 reached Agua Caliente and burned the village of the Cupeño Indians, and proceeding to the site of Warner's store, found nothing but ruins and the bodies of two Indians. Haraszthy went out with a small party and took Marshall and two Indian companions into custody and delivered them to San Diego for a court martial headed by himself. The principal evidence against Marshall came from Indians but it was decided that their testimony could not be accepted before a legal tribunal. Justice was pre-ordained. Gallows were erected before the trial began.

The court martial made quick work of Marshall and one of the two Indians captured with him, whose name has been variously given as Juan Verdugo, or Juan Verde or Gerde. The San Diego Herald reported on December 18:

The trial of these men was concluded on Friday evening last; on Saturday morning, it was announced on the Plaza they were to be executed at 2 o'clock the same day. The Fitzgerald Volunteers were ordered to be on duty at that time to conduct the prisoners to the scaffold, which had been erected a short distance out of town, near the Catholic burying grounds. The graves were dug, and all the preparations made, during the forenoon, for carrying out the sentence of the court martial. About 2:00 o'clock the Volunteers were under arms, the people began to gather in considerable numbers about the Plaza and Court House. A Priest (Fr. Juan Holbein) was with the prisoners most of the forenoon and accompanied the men to the gallows, where they received final absolution. They were then informed that a short time would be allowed them, if they wished to make any remarks. Marshall was the first to speak . . . He said he was prepared to die and he hoped that his friends, and the people around him, would forgive him, that he trusted in God's mercy, and hoped to be pardoned for his many transgressions. He still insisted that he is innocent of the crime by which he was about to die . . .

Verdugo spoke in Spanish. He acknowledged his guilt and admitted the justice of the sentence passed upon him; said he was ready and willing to yield up his life for forfeit for his crimes and wickedness. The ropes were then adjusted, the priest approached them for the last time . . . repeated the final prayer, extended the crucifix, which each kissed several times, when he descended from the wagon, which immediately moved on, leaving the poor unfortunate wretches suspended about five feet from the ground.

The hanging took place on December 13, 1851. The site of the executions may have been near the new Catholic church being erected on a site across the river, and burial was in an adjoining cemetery. Warner's Indian servant boy was found guilty of giving false testimony and sentenced to receive twenty-five lashes.
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Actual I feel the opposite. I think the hanging of Yankee Jim Robinson on the grounds where Whaley House now stands is part of the folklore and was used a very long time ago to explain the activity and perhaps to bring in more visitors. Most likely during the 60's with the "Certified Haunted" stuff. Think about it, what criteria would the government use? The story goes that is was the Dept of Commerce that put out a list by reputation, not fact, that was used for this so called certification. The fact is that the department of commerce is about generating business, they are not in the haunted house certification business and no certification ever took place. It is a good sounding story until you take about 2 seconds to think about how silly it is.

I do however feel that Yankee Jim haunts Thomas Whaley both in life and in death. Thomas Whaley when alive made several comments about Yankee Jim haunting his house. Thomas Whaley (in spirit) informed me that he could have prevented Yankee Jim's death and he regrets not taking action. When you look at the history you will find that Thomas Whaley's business partner Crosswaite (sp) was the person who arrested Yankee Jim. Thomas Whaley could have had an influence based on the history. It is very odd that Yankee Jim was put to death when his 2 partners in crime received a one year sentence at San Quentin. According to the San Diego Historical Society Yankee Jim Robinson was hung in the Plaza,close by, but not Whaley House grounds.

All of Old Town has seen a lot of death and tragedy. It is not just Whaley House and grounds that have activity. I have a sense that at least one person is buried over by the Derby Pendleton house but I have no solid proof.

Historically people where hung in a town square or plaza. This is where the jails and courthouses were located. It would seem in this case that they performed the sentences right next to (hangings) and in the graveyard (firing squad). Not very civilized but I guess more convenient.

Once again if you have different information please post it here and state your source. Just having read something somewhere is not evidence, it needs to come from a reliable source. There is a lot of bad information out on the internet. Don't assume the person did any fact checking before posting it.

The people who currently operate the house do have a "control the message policy". If you want the truth you must look for it yourself. Try asking them where Thomas Whaley's personal journals are located as well as the rest of the "Whaley Family Papers". They were at the house before the current caretakers took over, but now they are supposedly missing. You would think that they and the County would be trying to locate them, but they are not. This make me question whether they are missing or part of the control the message policy. There is more truth in those personal papers than you will ever get from a history book.