These are actual facts, and I could make the list a long one and still confine myself strictly to the truth. Many a time friends gave us as much as twenty-five feet of stock that was selling at twenty-five dollars a foot, and they thought no more of it than they would of offering a guest a cigar. These were "flush times" indeed! I thought they were going to last always, but somehow I never was much of a prophet.

To show what a wild spirit possessed the mining brain of the community, I will remark that "claims" were actually "located" in excavations for cellars, where the pick had exposed what seemed to be quartz veins—and not cellars in the suburbs, either, but in the very heart of the city; and forthwith stock would be issued and thrown on the market. It was small matter who the cellar belonged to—the "ledge" belonged to the finder, and unless the United States government interfered (inasmuch as the government holds the primary right to mines of the noble metals in Nevada—or at least did then), it was considered to be his privilege to work it. Imagine a stranger staking out a mining claim among the costly shrubbery in your front yard and calmly proceeding to lay waste the ground with pick and shovel and blasting powder! It has been often done in California. In the middle of one of the principal business streets of Virginia, a man "located" a mining claim and began a shaft on it. He gave me a hundred feet of the stock and I sold it for a fine suit of clothes because I was afraid somebody would fall down the shaft and sue for damages. I owned in another claim that was located in the middle of another street; and to show how absurd people can be, that "East India" stock (as it was called) sold briskly although there was an ancient tunnel running directly under the claim and any man could go into it and see that it did not cut a quartz ledge or anything that remotely resembled one.

One plan of acquiring sudden wealth was to "salt" a wild cat claim and sell out while the excitement was up. The process was simple.

The schemer located a worthless ledge, sunk a shaft on it, bought a wagon load of rich "Comstock" ore, dumped a portion of it into the shaft and piled the rest by its side, above ground. Then he showed the property to a simpleton and sold it to him at a high figure. Of course the wagon load of rich ore was all that the victim ever got out of his purchase. A most remarkable case of "salting" was that of the "North Ophir." It was claimed that this vein was a "remote extension" of the original "Ophir," a valuable mine on the "Comstock." For a few days everybody was talking about the rich developments in the North Ophir. It was said that it yielded perfectly pure silver in small, solid lumps. I went to the place with the owners, and found a shaft six or eight feet deep, in the bottom of which was a badly shattered vein of dull, yellowish, unpromising rock. One would as soon expect to find silver in a grindstone. We got out a pan of the rubbish and washed it in a puddle, and sure enough, among the sediment we found half a dozen black, bullet-looking pellets of unimpeachable "native" silver. Nobody had ever heard of such a thing before; science could not account for such a queer novelty. The stock rose to sixty-five dollars a foot, and at this figure the world-renowned tragedian, McKean Buchanan, bought a commanding interest and prepared to quit the stage once more—he was always doing that. And then it transpired that the mine had been "salted"—and not in any hackneyed way, either, but in a singularly bold, barefaced and peculiarly original and outrageous fashion. On one of the lumps of "native" silver was discovered the minted legend, "TED STATES OF," and then it was plainly apparent that the mine had been "salted" with melted half-dollars! The lumps thus obtained had been blackened till they resembled native silver, and were then mixed with the shattered rock in the bottom of the shaft. It is literally true. Of course the price of the stock at once fell to nothing, and the tragedian was ruined. But for this calamity we might have lost McKean Buchanan from the stage.



CHAPTER XLV.

The "flush times" held bravely on. Something over two years before, Mr. Goodman and another journeyman printer, had borrowed forty dollars and set out from San Francisco to try their fortunes in the new city of Virginia. They found the Territorial Enterprise, a poverty-stricken weekly journal, gasping for breath and likely to die. They bought it, type, fixtures, good-will and all, for a thousand dollars, on long time. The editorial sanctum, news-room, press-room, publication office, bed-chamber, parlor, and kitchen were all compressed into one apartment and it was a small one, too. The editors and printers slept on the floor, a Chinaman did their cooking, and the "imposing-stone" was the general dinner table. But now things were changed. The paper was a great daily, printed by steam; there were five editors and twenty-three compositors; the subscription price was sixteen dollars a year; the advertising rates were exorbitant, and the columns crowded. The paper was clearing from six to ten thousand dollars a month, and the "Enterprise Building" was finished and ready for occupation—a stately fireproof brick. Every day from five all the way up to eleven columns of "live" advertisements were left out or crowded into spasmodic and irregular "supplements."

The "Gould & Curry" company were erecting a monster hundred-stamp mill at a cost that ultimately fell little short of a million dollars. Gould & Curry stock paid heavy dividends—a rare thing, and an experience confined to the dozen or fifteen claims located on the "main lead," the "Comstock." The Superintendent of the Gould & Curry lived, rent free, in a fine house built and furnished by the company. He drove a fine pair of horses which were a present from the company, and his salary was twelve thousand dollars a year. The superintendent of another of the great mines traveled in grand state, had a salary of twenty-eight thousand dollars a year, and in a law suit in after days claimed that he was to have had one per cent. on the gross yield of the bullion likewise.

Money was wonderfully plenty. The trouble was, not how to get it,—but how to spend it, how to lavish it, get rid of it, squander it. And so it was a happy thing that just at this juncture the news came over the wires that a great United States Sanitary Commission had been formed and money was wanted for the relief of the wounded sailors and soldiers of the Union languishing in the Eastern hospitals. Right on the heels of it came word that San Francisco had responded superbly before the telegram was half a day old. Virginia rose as one man! A Sanitary Committee was hurriedly organized, and its chairman mounted a vacant cart in C street and tried to make the clamorous multitude understand that the rest of the committee were flying hither and thither and working with all their might and main, and that if the town would only wait an hour, an office would be ready, books opened, and the Commission prepared to receive contributions. His voice was drowned and his information lost in a ceaseless roar of cheers, and demands that the money be received now —they swore they would not wait. The chairman pleaded and argued, but, deaf to all entreaty, men plowed their way through the throng and rained checks of gold coin into the cart and skurried away for more. Hands clutching money, were thrust aloft out of the jam by men who hoped this eloquent appeal would cleave a road their strugglings could not open. The very Chinamen and Indians caught the excitement and dashed their half dollars into the cart without knowing or caring what it was all about. Women plunged into the crowd, trimly attired, fought their way to the cart with their coin, and emerged again, by and by, with their apparel in a state of hopeless dilapidation. It was the wildest mob Virginia had ever seen and the most determined and ungovernable; and when at last it abated its fury and dispersed, it had not a penny in its pocket.

To use its own phraseology, it came there "flush" and went away "busted."

After that, the Commission got itself into systematic working order, and for weeks the contributions flowed into its treasury in a generous stream. Individuals and all sorts of organizations levied upon themselves a regular weekly tax for the sanitary fund, graduated according to their means, and there was not another grand universal outburst till the famous "Sanitary Flour Sack" came our way. Its history is peculiar and interesting. A former schoolmate of mine, by the name of Reuel Gridley, was living at the little city of Austin, in the Reese river country, at this time, and was the Democratic candidate for mayor. He and the Republican candidate made an agreement that the defeated man should be publicly presented with a fifty-pound sack of flour by the successful one, and should carry it home on his shoulder. Gridley was defeated. The new mayor gave him the sack of flour, and he shouldered it and carried it a mile or two, from Lower Austin to his home in Upper Austin, attended by a band of music and the whole population. Arrived there, he said he did not need the flour, and asked what the people thought he had better do with it. A voice said:

"Sell it to the highest bidder, for the benefit of the Sanitary fund."

The suggestion was greeted with a round of applause, and Gridley mounted a dry-goods box and assumed the role of auctioneer. The bids went higher and higher, as the sympathies of the pioneers awoke and expanded, till at last the sack was knocked down to a mill man at two hundred and fifty dollars, and his check taken. He was asked where he would have the flour delivered, and he said:

"Nowhere—sell it again."

Now the cheers went up royally, and the multitude were fairly in the spirit of the thing. So Gridley stood there and shouted and perspired till the sun went down; and when the crowd dispersed he had sold the sack to three hundred different people, and had taken in eight thousand dollars in gold. And still the flour sack was in his possession.

The news came to Virginia, and a telegram went back:

"Fetch along your flour sack!"

Thirty-six hours afterward Gridley arrived, and an afternoon mass meeting was held in the Opera House, and the auction began. But the sack had come sooner than it was expected; the people were not thoroughly aroused, and the sale dragged. At nightfall only five thousand dollars had been secured, and there was a crestfallen feeling in the community. However, there was no disposition to let the matter rest here and acknowledge vanquishment at the hands of the village of Austin. Till late in the night the principal citizens were at work arranging the morrow's campaign, and when they went to bed they had no fears for the result. At eleven the next morning a procession of open carriages, attended by clamorous bands of music and adorned with a moving display of flags, filed along C street and was soon in danger of blockade by a huzzaing multitude of citizens. In the first carriage sat Gridley, with the flour sack in prominent view, the latter splendid with bright paint and gilt lettering; also in the same carriage sat the mayor and the recorder. The other carriages contained the Common Council, the editors and reporters, and other people of imposing consequence. The crowd pressed to the corner of C and Taylor streets, expecting the sale to begin there, but they were disappointed, and also unspeakably surprised; for the cavalcade moved on as if Virginia had ceased to be of importance, and took its way over the "divide," toward the small town of Gold Hill. Telegrams had gone ahead to Gold Hill, Silver City and Dayton, and those communities were at fever heat and rife for the conflict. It was a very hot day, and wonderfully dusty. At the end of a short half hour we descended into Gold Hill with drums beating and colors flying, and enveloped in imposing clouds of dust. The whole population—men, women and children, Chinamen and Indians, were massed in the main street, all the flags in town were at the mast head, and the blare of the bands was drowned in cheers. Gridley stood up and asked who would make the first bid for the National Sanitary Flour Sack. Gen. W. said:

"The Yellow Jacket silver mining company offers a thousand dollars, coin!"

A tempest of applause followed. A telegram carried the news to Virginia, and fifteen minutes afterward that city's population was massed in the streets devouring the tidings—for it was part of the programme that the bulletin boards should do a good work that day. Every few minutes a new dispatch was bulletined from Gold Hill, and still the excitement grew. Telegrams began to return to us from Virginia beseeching Gridley to bring back the flour sack; but such was not the plan of the campaign. At the end of an hour Gold Hill's small population had paid a figure for the flour sack that awoke all the enthusiasm of Virginia when the grand total was displayed upon the bulletin boards. Then the Gridley cavalcade moved on, a giant refreshed with new lager beer and plenty of it—for the people brought it to the carriages without waiting to measure it—and within three hours more the expedition had carried Silver City and Dayton by storm and was on its way back covered with glory. Every move had been telegraphed and bulletined, and as the procession entered Virginia and filed down C street at half past eight in the evening the town was abroad in the thoroughfares, torches were glaring, flags flying, bands playing, cheer on cheer cleaving the air, and the city ready to surrender at discretion. The auction began, every bid was greeted with bursts of applause, and at the end of two hours and a half a population of fifteen thousand souls had paid in coin for a fifty-pound sack of flour a sum equal to forty thousand dollars in greenbacks! It was at a rate in the neighborhood of three dollars for each man, woman and child of the population. The grand total would have been twice as large, but the streets were very narrow, and hundreds who wanted to bid could not get within a block of the stand, and could not make themselves heard. These grew tired of waiting and many of them went home long before the auction was over. This was the greatest day Virginia ever saw, perhaps.

Gridley sold the sack in Carson city and several California towns; also in San Francisco. Then he took it east and sold it in one or two Atlantic cities, I think. I am not sure of that, but I know that he finally carried it to St. Louis, where a monster Sanitary Fair was being held, and after selling it there for a large sum and helping on the enthusiasm by displaying the portly silver bricks which Nevada's donation had produced, he had the flour baked up into small cakes and retailed them at high prices.

It was estimated that when the flour sack's mission was ended it had been sold for a grand total of a hundred and fifty thousand dollars in greenbacks! This is probably the only instance on record where common family flour brought three thousand dollars a pound in the public market.

It is due to Mr. Gridley's memory to mention that the expenses of his sanitary flour sack expedition of fifteen thousand miles, going and returning, were paid in large part if not entirely, out of his own pocket. The time he gave to it was not less than three months. Mr. Gridley was a soldier in the Mexican war and a pioneer Californian. He died at Stockton, California, in December, 1870, greatly regretted.



CHAPTER XLVI.

There were nabobs in those days—in the "flush times," I mean. Every rich strike in the mines created one or two. I call to mind several of these. They were careless, easy-going fellows, as a general thing, and the community at large was as much benefited by their riches as they were themselves—possibly more, in some cases.

Two cousins, teamsters, did some hauling for a man and had to take a small segregated portion of a silver mine in lieu of $300 cash. They gave an outsider a third to open the mine, and they went on teaming. But not long. Ten months afterward the mine was out of debt and paying each owner $8,000 to $10,000 a month—say $100,000 a year.

One of the earliest nabobs that Nevada was delivered of wore $6,000 worth of diamonds in his bosom, and swore he was unhappy because he could not spend his money as fast as he made it.

Another Nevada nabob boasted an income that often reached $16,000 a month; and he used to love to tell how he had worked in the very mine that yielded it, for five dollars a day, when he first came to the country.

The silver and sage-brush State has knowledge of another of these pets of fortune—lifted from actual poverty to affluence almost in a single night—who was able to offer $100,000 for a position of high official distinction, shortly afterward, and did offer it—but failed to get it, his politics not being as sound as his bank account.

Then there was John Smith. He was a good, honest, kind-hearted soul, born and reared in the lower ranks of life, and miraculously ignorant. He drove a team, and owned a small ranch—a ranch that paid him a comfortable living, for although it yielded but little hay, what little it did yield was worth from $250 to $300 in gold per ton in the market. Presently Smith traded a few acres of the ranch for a small undeveloped silver mine in Gold Hill. He opened the mine and built a little unpretending ten-stamp mill. Eighteen months afterward he retired from the hay business, for his mining income had reached a most comfortable figure. Some people said it was $30,000 a month, and others said it was $60,000. Smith was very rich at any rate.

And then he went to Europe and traveled. And when he came back he was never tired of telling about the fine hogs he had seen in England, and the gorgeous sheep he had seen in Spain, and the fine cattle he had noticed in the vicinity of Rome. He was full of wonders of the old world, and advised everybody to travel. He said a man never imagined what surprising things there were in the world till he had traveled.

One day, on board ship, the passengers made up a pool of $500, which was to be the property of the man who should come nearest to guessing the run of the vessel for the next twenty-four hours. Next day, toward noon, the figures were all in the purser's hands in sealed envelopes. Smith was serene and happy, for he had been bribing the engineer. But another party won the prize! Smith said:

"Here, that won't do! He guessed two miles wider of the mark than I did."

The purser said, "Mr. Smith, you missed it further than any man on board. We traveled two hundred and eight miles yesterday."

"Well, sir," said Smith, "that's just where I've got you, for I guessed two hundred and nine. If you'll look at my figgers again you'll find a 2 and two 0's, which stands for 200, don't it?—and after 'em you'll find a 9 (2009), which stands for two hundred and nine. I reckon I'll take that money, if you please."

The Gould & Curry claim comprised twelve hundred feet, and it all belonged originally to the two men whose names it bears. Mr. Curry owned two thirds of it—and he said that he sold it out for twenty-five hundred dollars in cash, and an old plug horse that ate up his market value in hay and barley in seventeen days by the watch. And he said that Gould sold out for a pair of second-hand government blankets and a bottle of whisky that killed nine men in three hours, and that an unoffending stranger that smelt the cork was disabled for life. Four years afterward the mine thus disposed of was worth in the San Francisco market seven millions six hundred thousand dollars in gold coin.

In the early days a poverty-stricken Mexican who lived in a canyon directly back of Virginia City, had a stream of water as large as a man's wrist trickling from the hill-side on his premises. The Ophir Company segregated a hundred feet of their mine and traded it to him for the stream of water. The hundred feet proved to be the richest part of the entire mine; four years after the swap, its market value (including its mill) was $1,500,000.

An individual who owned twenty feet in the Ophir mine before its great riches were revealed to men, traded it for a horse, and a very sorry looking brute he was, too. A year or so afterward, when Ophir stock went up to $3,000 a foot, this man, who had not a cent, used to say he was the most startling example of magnificence and misery the world had ever seen—because he was able to ride a sixty-thousand-dollar horse—yet could not scrape up cash enough to buy a saddle, and was obliged to borrow one or ride bareback. He said if fortune were to give him another sixty-thousand-dollar horse it would ruin him.

A youth of nineteen, who was a telegraph operator in Virginia on a salary of a hundred dollars a month, and who, when he could not make out German names in the list of San Francisco steamer arrivals, used to ingeniously select and supply substitutes for them out of an old Berlin city directory, made himself rich by watching the mining telegrams that passed through his hands and buying and selling stocks accordingly, through a friend in San Francisco. Once when a private dispatch was sent from Virginia announcing a rich strike in a prominent mine and advising that the matter be kept secret till a large amount of the stock could be secured, he bought forty "feet" of the stock at twenty dollars a foot, and afterward sold half of it at eight hundred dollars a foot and the rest at double that figure. Within three months he was worth $150,000, and had resigned his telegraphic position.

Another telegraph operator who had been discharged by the company for divulging the secrets of the office, agreed with a moneyed man in San Francisco to furnish him the result of a great Virginia mining lawsuit within an hour after its private reception by the parties to it in San Francisco. For this he was to have a large percentage of the profits on purchases and sales made on it by his fellow-conspirator. So he went, disguised as a teamster, to a little wayside telegraph office in the mountains, got acquainted with the operator, and sat in the office day after day, smoking his pipe, complaining that his team was fagged out and unable to travel—and meantime listening to the dispatches as they passed clicking through the machine from Virginia. Finally the private dispatch announcing the result of the lawsuit sped over the wires, and as soon as he heard it he telegraphed his friend in San Francisco:

"Am tired waiting. Shall sell the team and go home."

It was the signal agreed upon. The word "waiting" left out, would have signified that the suit had gone the other way.

The mock teamster's friend picked up a deal of the mining stock, at low figures, before the news became public, and a fortune was the result.

For a long time after one of the great Virginia mines had been incorporated, about fifty feet of the original location were still in the hands of a man who had never signed the incorporation papers. The stock became very valuable, and every effort was made to find this man, but he had disappeared. Once it was heard that he was in New York, and one or two speculators went east but failed to find him. Once the news came that he was in the Bermudas, and straightway a speculator or two hurried east and sailed for Bermuda—but he was not there. Finally he was heard of in Mexico, and a friend of his, a bar-keeper on a salary, scraped together a little money and sought him out, bought his "feet" for a hundred dollars, returned and sold the property for $75,000.

But why go on? The traditions of Silverland are filled with instances like these, and I would never get through enumerating them were I to attempt do it. I only desired to give, the reader an idea of a peculiarity of the "flush times" which I could not present so strikingly in any other way, and which some mention of was necessary to a realizing comprehension of the time and the country.

I was personally acquainted with the majority of the nabobs I have referred to, and so, for old acquaintance sake, I have shifted their occupations and experiences around in such a way as to keep the Pacific public from recognizing these once notorious men. No longer notorious, for the majority of them have drifted back into poverty and obscurity again.

In Nevada there used to be current the story of an adventure of two of her nabobs, which may or may not have occurred. I give it for what it is worth:

Col. Jim had seen somewhat of the world, and knew more or less of its ways; but Col. Jack was from the back settlements of the States, had led a life of arduous toil, and had never seen a city. These two, blessed with sudden wealth, projected a visit to New York,—Col. Jack to see the sights, and Col. Jim to guard his unsophistication from misfortune. They reached San Francisco in the night, and sailed in the morning. Arrived in New York, Col. Jack said:

"I've heard tell of carriages all my life, and now I mean to have a ride in one; I don't care what it costs. Come along."

They stepped out on the sidewalk, and Col. Jim called a stylish barouche. But Col. Jack said:

"No, sir! None of your cheap-John turn-outs for me. I'm here to have a good time, and money ain't any object. I mean to have the nobbiest rig that's going. Now here comes the very trick. Stop that yaller one with the pictures on it—don't you fret—I'll stand all the expenses myself."

So Col. Jim stopped an empty omnibus, and they got in. Said Col. Jack:

"Ain't it gay, though? Oh, no, I reckon not! Cushions, and windows, and pictures, till you can't rest. What would the boys say if they could see us cutting a swell like this in New York? By George, I wish they could see us."

Then he put his head out of the window, and shouted to the driver:

"Say, Johnny, this suits me!—suits yours truly, you bet, you! I want this shebang all day. I'm on it, old man! Let 'em out! Make 'em go! We'll make it all right with you, sonny!"

The driver passed his hand through the strap-hole, and tapped for his fare—it was before the gongs came into common use. Col. Jack took the hand, and shook it cordially. He said:

"You twig me, old pard! All right between gents. Smell of that, and see how you like it!"

And he put a twenty-dollar gold piece in the driver's hand. After a moment the driver said he could not make change.

"Bother the change! Ride it out. Put it in your pocket."

Then to Col. Jim, with a sounding slap on his thigh:

"Ain't it style, though? Hanged if I don't hire this thing every day for a week."

The omnibus stopped, and a young lady got in. Col. Jack stared a moment, then nudged Col. Jim with his elbow:

"Don't say a word," he whispered. "Let her ride, if she wants to. Gracious, there's room enough."

The young lady got out her porte-monnaie, and handed her fare to Col. Jack.

"What's this for?" said he.

"Give it to the driver, please."

"Take back your money, madam. We can't allow it. You're welcome to ride here as long as you please, but this shebang's chartered, and we can't let you pay a cent."

The girl shrunk into a corner, bewildered. An old lady with a basket climbed in, and proffered her fare.

"Excuse me," said Col. Jack. "You're perfectly welcome here, madam, but we can't allow you to pay. Set right down there, mum, and don't you be the least uneasy. Make yourself just as free as if you was in your own turn-out."

Within two minutes, three gentlemen, two fat women, and a couple of children, entered.

"Come right along, friends," said Col. Jack; "don't mind us. This is a free blow-out." Then he whispered to Col. Jim,

"New York ain't no sociable place, I don't reckon—it ain't no name for it!"

He resisted every effort to pass fares to the driver, and made everybody cordially welcome. The situation dawned on the people, and they pocketed their money, and delivered themselves up to covert enjoyment of the episode. Half a dozen more passengers entered.

"Oh, there's plenty of room," said Col. Jack. "Walk right in, and make yourselves at home. A blow-out ain't worth anything as a blow-out, unless a body has company." Then in a whisper to Col. Jim: "But ain't these New Yorkers friendly? And ain't they cool about it, too? Icebergs ain't anywhere. I reckon they'd tackle a hearse, if it was going their way."

More passengers got in; more yet, and still more. Both seats were filled, and a file of men were standing up, holding on to the cleats overhead. Parties with baskets and bundles were climbing up on the roof. Half-suppressed laughter rippled up from all sides.

"Well, for clean, cool, out-and-out cheek, if this don't bang anything that ever I saw, I'm an Injun!" whispered Col. Jack.

A Chinaman crowded his way in.

"I weaken!" said Col. Jack. "Hold on, driver! Keep your seats, ladies, and gents. Just make yourselves free—everything's paid for. Driver, rustle these folks around as long as they're a mind to go—friends of ours, you know. Take them everywheres—and if you want more money, come to the St. Nicholas, and we'll make it all right. Pleasant journey to you, ladies and gents—go it just as long as you please—it shan't cost you a cent!"

The two comrades got out, and Col. Jack said:

"Jimmy, it's the sociablest place I ever saw. The Chinaman waltzed in as comfortable as anybody. If we'd staid awhile, I reckon we'd had some niggers. B' George, we'll have to barricade our doors to-night, or some of these ducks will be trying to sleep with us."



CHAPTER XLVII.

Somebody has said that in order to know a community, one must observe the style of its funerals and know what manner of men they bury with most ceremony. I cannot say which class we buried with most eclat in our "flush times," the distinguished public benefactor or the distinguished rough—possibly the two chief grades or grand divisions of society honored their illustrious dead about equally; and hence, no doubt the philosopher I have quoted from would have needed to see two representative funerals in Virginia before forming his estimate of the people.

There was a grand time over Buck Fanshaw when he died. He was a representative citizen. He had "killed his man"—not in his own quarrel, it is true, but in defence of a stranger unfairly beset by numbers. He had kept a sumptuous saloon. He had been the proprietor of a dashing helpmeet whom he could have discarded without the formality of a divorce. He had held a high position in the fire department and been a very Warwick in politics. When he died there was great lamentation throughout the town, but especially in the vast bottom-stratum of society.

On the inquest it was shown that Buck Fanshaw, in the delirium of a wasting typhoid fever, had taken arsenic, shot himself through the body, cut his throat, and jumped out of a four-story window and broken his neck—and after due deliberation, the jury, sad and tearful, but with intelligence unblinded by its sorrow, brought in a verdict of death "by the visitation of God." What could the world do without juries?

Prodigious preparations were made for the funeral. All the vehicles in town were hired, all the saloons put in mourning, all the municipal and fire-company flags hung at half-mast, and all the firemen ordered to muster in uniform and bring their machines duly draped in black. Now —let us remark in parenthesis—as all the peoples of the earth had representative adventurers in the Silverland, and as each adventurer had brought the slang of his nation or his locality with him, the combination made the slang of Nevada the richest and the most infinitely varied and copious that had ever existed anywhere in the world, perhaps, except in the mines of California in the "early days." Slang was the language of Nevada. It was hard to preach a sermon without it, and be understood. Such phrases as "You bet!" "Oh, no, I reckon not!" "No Irish need apply," and a hundred others, became so common as to fall from the lips of a speaker unconsciously—and very often when they did not touch the subject under discussion and consequently failed to mean anything.

After Buck Fanshaw's inquest, a meeting of the short-haired brotherhood was held, for nothing can be done on the Pacific coast without a public meeting and an expression of sentiment. Regretful resolutions were passed and various committees appointed; among others, a committee of one was deputed to call on the minister, a fragile, gentle, spiritual new fledgling from an Eastern theological seminary, and as yet unacquainted with the ways of the mines. The committeeman, "Scotty" Briggs, made his visit; and in after days it was worth something to hear the minister tell about it. Scotty was a stalwart rough, whose customary suit, when on weighty official business, like committee work, was a fire helmet, flaming red flannel shirt, patent leather belt with spanner and revolver attached, coat hung over arm, and pants stuffed into boot tops. He formed something of a contrast to the pale theological student. It is fair to say of Scotty, however, in passing, that he had a warm heart, and a strong love for his friends, and never entered into a quarrel when he could reasonably keep out of it. Indeed, it was commonly said that whenever one of Scotty's fights was investigated, it always turned out that it had originally been no affair of his, but that out of native good-heartedness he had dropped in of his own accord to help the man who was getting the worst of it. He and Buck Fanshaw were bosom friends, for years, and had often taken adventurous "pot-luck" together. On one occasion, they had thrown off their coats and taken the weaker side in a fight among strangers, and after gaining a hard-earned victory, turned and found that the men they were helping had deserted early, and not only that, but had stolen their coats and made off with them! But to return to Scotty's visit to the minister. He was on a sorrowful mission, now, and his face was the picture of woe. Being admitted to the presence he sat down before the clergyman, placed his fire-hat on an unfinished manuscript sermon under the minister's nose, took from it a red silk handkerchief, wiped his brow and heaved a sigh of dismal impressiveness, explanatory of his business.

He choked, and even shed tears; but with an effort he mastered his voice and said in lugubrious tones:

"Are you the duck that runs the gospel-mill next door?"

"Am I the—pardon me, I believe I do not understand?"

With another sigh and a half-sob, Scotty rejoined:

"Why you see we are in a bit of trouble, and the boys thought maybe you would give us a lift, if we'd tackle you—that is, if I've got the rights of it and you are the head clerk of the doxology-works next door."

"I am the shepherd in charge of the flock whose fold is next door."

"The which?"

"The spiritual adviser of the little company of believers whose sanctuary adjoins these premises."

Scotty scratched his head, reflected a moment, and then said:

"You ruther hold over me, pard. I reckon I can't call that hand. Ante and pass the buck."

"How? I beg pardon. What did I understand you to say?"

"Well, you've ruther got the bulge on me. Or maybe we've both got the bulge, somehow. You don't smoke me and I don't smoke you. You see, one of the boys has passed in his checks and we want to give him a good send-off, and so the thing I'm on now is to roust out somebody to jerk a little chin-music for us and waltz him through handsome."

"My friend, I seem to grow more and more bewildered. Your observations are wholly incomprehensible to me. Cannot you simplify them in some way? At first I thought perhaps I understood you, but I grope now. Would it not expedite matters if you restricted yourself to categorical statements of fact unencumbered with obstructing accumulations of metaphor and allegory?"

Another pause, and more reflection. Then, said Scotty:

"I'll have to pass, I judge."

"How?"

"You've raised me out, pard."

"I still fail to catch your meaning."

"Why, that last lead of yourn is too many for me—that's the idea. I can't neither-trump nor follow suit."

The clergyman sank back in his chair perplexed. Scotty leaned his head on his hand and gave himself up to thought.

Presently his face came up, sorrowful but confident.

"I've got it now, so's you can savvy," he said. "What we want is a gospel-sharp. See?"

"A what?"

"Gospel-sharp. Parson."

"Oh! Why did you not say so before? I am a clergyman—a parson."

"Now you talk! You see my blind and straddle it like a man. Put it there!"—extending a brawny paw, which closed over the minister's small hand and gave it a shake indicative of fraternal sympathy and fervent gratification.

"Now we're all right, pard. Let's start fresh. Don't you mind my snuffling a little—becuz we're in a power of trouble. You see, one of the boys has gone up the flume—"

"Gone where?"

"Up the flume—throwed up the sponge, you understand."

"Thrown up the sponge?"

"Yes—kicked the bucket—"

"Ah—has departed to that mysterious country from whose bourne no traveler returns."

"Return! I reckon not. Why pard, he's dead!"

"Yes, I understand."

"Oh, you do? Well I thought maybe you might be getting tangled some more. Yes, you see he's dead again—"

"Again? Why, has he ever been dead before?"

"Dead before? No! Do you reckon a man has got as many lives as a cat? But you bet you he's awful dead now, poor old boy, and I wish I'd never seen this day. I don't want no better friend than Buck Fanshaw. I knowed him by the back; and when I know a man and like him, I freeze to him—you hear me. Take him all round, pard, there never was a bullier man in the mines. No man ever knowed Buck Fanshaw to go back on a friend. But it's all up, you know, it's all up. It ain't no use. They've scooped him."

"Scooped him?"

"Yes—death has. Well, well, well, we've got to give him up. Yes indeed. It's a kind of a hard world, after all, ain't it? But pard, he was a rustler! You ought to seen him get started once. He was a bully boy with a glass eye! Just spit in his face and give him room according to his strength, and it was just beautiful to see him peel and go in. He was the worst son of a thief that ever drawed breath. Pard, he was on it! He was on it bigger than an Injun!"

"On it? On what?"

"On the shoot. On the shoulder. On the fight, you understand. He didn't give a continental for any body. Beg your pardon, friend, for coming so near saying a cuss-word—but you see I'm on an awful strain, in this palaver, on account of having to cramp down and draw everything so mild. But we've got to give him up. There ain't any getting around that, I don't reckon. Now if we can get you to help plant him—"

"Preach the funeral discourse? Assist at the obsequies?"

"Obs'quies is good. Yes. That's it—that's our little game. We are going to get the thing up regardless, you know. He was always nifty himself, and so you bet you his funeral ain't going to be no slouch —solid silver door-plate on his coffin, six plumes on the hearse, and a nigger on the box in a biled shirt and a plug hat—how's that for high? And we'll take care of you, pard. We'll fix you all right. There'll be a kerridge for you; and whatever you want, you just 'scape out and we'll 'tend to it. We've got a shebang fixed up for you to stand behind, in No. 1's house, and don't you be afraid. Just go in and toot your horn, if you don't sell a clam. Put Buck through as bully as you can, pard, for anybody that knowed him will tell you that he was one of the whitest men that was ever in the mines. You can't draw it too strong. He never could stand it to see things going wrong. He's done more to make this town quiet and peaceable than any man in it. I've seen him lick four Greasers in eleven minutes, myself. If a thing wanted regulating, he warn't a man to go browsing around after somebody to do it, but he would prance in and regulate it himself. He warn't a Catholic. Scasely. He was down on 'em. His word was, 'No Irish need apply!' But it didn't make no difference about that when it came down to what a man's rights was—and so, when some roughs jumped the Catholic bone-yard and started in to stake out town-lots in it he went for 'em! And he cleaned 'em, too! I was there, pard, and I seen it myself."

"That was very well indeed—at least the impulse was—whether the act was strictly defensible or not. Had deceased any religious convictions? That is to say, did he feel a dependence upon, or acknowledge allegiance to a higher power?"

More reflection.

"I reckon you've stumped me again, pard. Could you say it over once more, and say it slow?"

"Well, to simplify it somewhat, was he, or rather had he ever been connected with any organization sequestered from secular concerns and devoted to self-sacrifice in the interests of morality?"

"All down but nine—set 'em up on the other alley, pard."

"What did I understand you to say?"

"Why, you're most too many for me, you know. When you get in with your left I hunt grass every time. Every time you draw, you fill; but I don't seem to have any luck. Lets have a new deal."

"How? Begin again?"

"That's it."

"Very well. Was he a good man, and—"

"There—I see that; don't put up another chip till I look at my hand. A good man, says you? Pard, it ain't no name for it. He was the best man that ever—pard, you would have doted on that man. He could lam any galoot of his inches in America. It was him that put down the riot last election before it got a start; and everybody said he was the only man that could have done it. He waltzed in with a spanner in one hand and a trumpet in the other, and sent fourteen men home on a shutter in less than three minutes. He had that riot all broke up and prevented nice before anybody ever got a chance to strike a blow. He was always for peace, and he would have peace—he could not stand disturbances. Pard, he was a great loss to this town. It would please the boys if you could chip in something like that and do him justice. Here once when the Micks got to throwing stones through the Methodis' Sunday school windows, Buck Fanshaw, all of his own notion, shut up his saloon and took a couple of six-shooters and mounted guard over the Sunday school. Says he, 'No Irish need apply!' And they didn't. He was the bulliest man in the mountains, pard! He could run faster, jump higher, hit harder, and hold more tangle-foot whisky without spilling it than any man in seventeen counties. Put that in, pard—it'll please the boys more than anything you could say. And you can say, pard, that he never shook his mother."

"Never shook his mother?"

"That's it—any of the boys will tell you so."

"Well, but why should he shake her?"

"That's what I say—but some people does."

"Not people of any repute?"

"Well, some that averages pretty so-so."

"In my opinion the man that would offer personal violence to his own mother, ought to—"

"Cheese it, pard; you've banked your ball clean outside the string. What I was a drivin' at, was, that he never throwed off on his mother —don't you see? No indeedy. He give her a house to live in, and town lots, and plenty of money; and he looked after her and took care of her all the time; and when she was down with the small-pox I'm d—-d if he didn't set up nights and nuss her himself! Beg your pardon for saying it, but it hopped out too quick for yours truly.

"You've treated me like a gentleman, pard, and I ain't the man to hurt your feelings intentional. I think you're white. I think you're a square man, pard. I like you, and I'll lick any man that don't. I'll lick him till he can't tell himself from a last year's corpse! Put it there!" [Another fraternal hand-shake—and exit.]

The obsequies were all that "the boys" could desire. Such a marvel of funeral pomp had never been seen in Virginia. The plumed hearse, the dirge-breathing brass bands, the closed marts of business, the flags drooping at half mast, the long, plodding procession of uniformed secret societies, military battalions and fire companies, draped engines, carriages of officials, and citizens in vehicles and on foot, attracted multitudes of spectators to the sidewalks, roofs and windows; and for years afterward, the degree of grandeur attained by any civic display in Virginia was determined by comparison with Buck Fanshaw's funeral.

Scotty Briggs, as a pall-bearer and a mourner, occupied a prominent place at the funeral, and when the sermon was finished and the last sentence of the prayer for the dead man's soul ascended, he responded, in a low voice, but with feelings:

"AMEN. No Irish need apply."

As the bulk of the response was without apparent relevancy, it was probably nothing more than a humble tribute to the memory of the friend that was gone; for, as Scotty had once said, it was "his word."

Scotty Briggs, in after days, achieved the distinction of becoming the only convert to religion that was ever gathered from the Virginia roughs; and it transpired that the man who had it in him to espouse the quarrel of the weak out of inborn nobility of spirit was no mean timber whereof to construct a Christian. The making him one did not warp his generosity or diminish his courage; on the contrary it gave intelligent direction to the one and a broader field to the other.

If his Sunday-school class progressed faster than the other classes, was it matter for wonder? I think not. He talked to his pioneer small-fry in a language they understood! It was my large privilege, a month before he died, to hear him tell the beautiful story of Joseph and his brethren to his class "without looking at the book." I leave it to the reader to fancy what it was like, as it fell, riddled with slang, from the lips of that grave, earnest teacher, and was listened to by his little learners with a consuming interest that showed that they were as unconscious as he was that any violence was being done to the sacred proprieties!



CHAPTER XLVIII.

The first twenty-six graves in the Virginia cemetery were occupied by murdered men. So everybody said, so everybody believed, and so they will always say and believe. The reason why there was so much slaughtering done, was, that in a new mining district the rough element predominates, and a person is not respected until he has "killed his man." That was the very expression used.

If an unknown individual arrived, they did not inquire if he was capable, honest, industrious, but—had he killed his man? If he had not, he gravitated to his natural and proper position, that of a man of small consequence; if he had, the cordiality of his reception was graduated according to the number of his dead. It was tedious work struggling up to a position of influence with bloodless hands; but when a man came with the blood of half a dozen men on his soul, his worth was recognized at once and his acquaintance sought.

In Nevada, for a time, the lawyer, the editor, the banker, the chief desperado, the chief gambler, and the saloon keeper, occupied the same level in society, and it was the highest. The cheapest and easiest way to become an influential man and be looked up to by the community at large, was to stand behind a bar, wear a cluster-diamond pin, and sell whisky. I am not sure but that the saloon-keeper held a shade higher rank than any other member of society. His opinion had weight. It was his privilege to say how the elections should go. No great movement could succeed without the countenance and direction of the saloon-keepers. It was a high favor when the chief saloon-keeper consented to serve in the legislature or the board of aldermen.

Youthful ambition hardly aspired so much to the honors of the law, or the army and navy as to the dignity of proprietorship in a saloon.

To be a saloon-keeper and kill a man was to be illustrious. Hence the reader will not be surprised to learn that more than one man was killed in Nevada under hardly the pretext of provocation, so impatient was the slayer to achieve reputation and throw off the galling sense of being held in indifferent repute by his associates. I knew two youths who tried to "kill their men" for no other reason—and got killed themselves for their pains. "There goes the man that killed Bill Adams" was higher praise and a sweeter sound in the ears of this sort of people than any other speech that admiring lips could utter.

The men who murdered Virginia's original twenty-six cemetery-occupants were never punished. Why? Because Alfred the Great, when he invented trial by jury and knew that he had admirably framed it to secure justice in his age of the world, was not aware that in the nineteenth century the condition of things would be so entirely changed that unless he rose from the grave and altered the jury plan to meet the emergency, it would prove the most ingenious and infallible agency for defeating justice that human wisdom could contrive. For how could he imagine that we simpletons would go on using his jury plan after circumstances had stripped it of its usefulness, any more than he could imagine that we would go on using his candle-clock after we had invented chronometers? In his day news could not travel fast, and hence he could easily find a jury of honest, intelligent men who had not heard of the case they were called to try —but in our day of telegraphs and newspapers his plan compels us to swear in juries composed of fools and rascals, because the system rigidly excludes honest men and men of brains.

I remember one of those sorrowful farces, in Virginia, which we call a jury trial. A noted desperado killed Mr. B., a good citizen, in the most wanton and cold-blooded way. Of course the papers were full of it, and all men capable of reading, read about it. And of course all men not deaf and dumb and idiotic, talked about it. A jury-list was made out, and Mr. B. L., a prominent banker and a valued citizen, was questioned precisely as he would have been questioned in any court in America:

"Have you heard of this homicide?"

"Yes."

"Have you held conversations upon the subject?"

"Yes."

"Have you formed or expressed opinions about it?"

"Yes."

"Have you read the newspaper accounts of it?"

"Yes."

"We do not want you."

A minister, intelligent, esteemed, and greatly respected; a merchant of high character and known probity; a mining superintendent of intelligence and unblemished reputation; a quartz mill owner of excellent standing, were all questioned in the same way, and all set aside. Each said the public talk and the newspaper reports had not so biased his mind but that sworn testimony would overthrow his previously formed opinions and enable him to render a verdict without prejudice and in accordance with the facts. But of course such men could not be trusted with the case. Ignoramuses alone could mete out unsullied justice.

When the peremptory challenges were all exhausted, a jury of twelve men was impaneled—a jury who swore they had neither heard, read, talked about nor expressed an opinion concerning a murder which the very cattle in the corrals, the Indians in the sage-brush and the stones in the streets were cognizant of! It was a jury composed of two desperadoes, two low beer-house politicians, three bar-keepers, two ranchmen who could not read, and three dull, stupid, human donkeys! It actually came out afterward, that one of these latter thought that incest and arson were the same thing.

The verdict rendered by this jury was, Not Guilty. What else could one expect?

The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury. It is a shame that we must continue to use a worthless system because it was good a thousand years ago. In this age, when a gentleman of high social standing, intelligence and probity, swears that testimony given under solemn oath will outweigh, with him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who will swear to their own ignorance and stupidity, and justice would be far safer in his hands than in theirs. Why could not the jury law be so altered as to give men of brains and honesty and equal chance with fools and miscreants? Is it right to show the present favoritism to one class of men and inflict a disability on another, in a land whose boast is that all its citizens are free and equal? I am a candidate for the legislature. I desire to tamper with the jury law. I wish to so alter it as to put a premium on intelligence and character, and close the jury box against idiots, blacklegs, and people who do not read newspapers. But no doubt I shall be defeated —every effort I make to save the country "misses fire."

My idea, when I began this chapter, was to say something about desperadoism in the "flush times" of Nevada. To attempt a portrayal of that era and that land, and leave out the blood and carnage, would be like portraying Mormondom and leaving out polygamy. The desperado stalked the streets with a swagger graded according to the number of his homicides, and a nod of recognition from him was sufficient to make a humble admirer happy for the rest of the day. The deference that was paid to a desperado of wide reputation, and who "kept his private graveyard," as the phrase went, was marked, and cheerfully accorded. When he moved along the sidewalk in his excessively long-tailed frock-coat, shiny stump-toed boots, and with dainty little slouch hat tipped over left eye, the small-fry roughs made room for his majesty; when he entered the restaurant, the waiters deserted bankers and merchants to overwhelm him with obsequious service; when he shouldered his way to a bar, the shouldered parties wheeled indignantly, recognized him, and —apologized.

They got a look in return that froze their marrow, and by that time a curled and breast-pinned bar keeper was beaming over the counter, proud of the established acquaintanceship that permitted such a familiar form of speech as:

"How're ye, Billy, old fel? Glad to see you. What'll you take—the old thing?"

The "old thing" meant his customary drink, of course.

The best known names in the Territory of Nevada were those belonging to these long-tailed heroes of the revolver. Orators, Governors, capitalists and leaders of the legislature enjoyed a degree of fame, but it seemed local and meagre when contrasted with the fame of such men as Sam Brown, Jack Williams, Billy Mulligan, Farmer Pease, Sugarfoot Mike, Pock Marked Jake, El Dorado Johnny, Jack McNabb, Joe McGee, Jack Harris, Six-fingered Pete, etc., etc. There was a long list of them. They were brave, reckless men, and traveled with their lives in their hands. To give them their due, they did their killing principally among themselves, and seldom molested peaceable citizens, for they considered it small credit to add to their trophies so cheap a bauble as the death of a man who was "not on the shoot," as they phrased it. They killed each other on slight provocation, and hoped and expected to be killed themselves —for they held it almost shame to die otherwise than "with their boots on," as they expressed it.

I remember an instance of a desperado's contempt for such small game as a private citizen's life. I was taking a late supper in a restaurant one night, with two reporters and a little printer named—Brown, for instance—any name will do. Presently a stranger with a long-tailed coat on came in, and not noticing Brown's hat, which was lying in a chair, sat down on it. Little Brown sprang up and became abusive in a moment. The stranger smiled, smoothed out the hat, and offered it to Brown with profuse apologies couched in caustic sarcasm, and begged Brown not to destroy him. Brown threw off his coat and challenged the man to fight —abused him, threatened him, impeached his courage, and urged and even implored him to fight; and in the meantime the smiling stranger placed himself under our protection in mock distress. But presently he assumed a serious tone, and said:

"Very well, gentlemen, if we must fight, we must, I suppose. But don't rush into danger and then say I gave you no warning. I am more than a match for all of you when I get started. I will give you proofs, and then if my friend here still insists, I will try to accommodate him."

The table we were sitting at was about five feet long, and unusually cumbersome and heavy. He asked us to put our hands on the dishes and hold them in their places a moment—one of them was a large oval dish with a portly roast on it. Then he sat down, tilted up one end of the table, set two of the legs on his knees, took the end of the table between his teeth, took his hands away, and pulled down with his teeth till the table came up to a level position, dishes and all! He said he could lift a keg of nails with his teeth. He picked up a common glass tumbler and bit a semi-circle out of it. Then he opened his bosom and showed us a net-work of knife and bullet scars; showed us more on his arms and face, and said he believed he had bullets enough in his body to make a pig of lead. He was armed to the teeth. He closed with the remark that he was Mr. —— of Cariboo—a celebrated name whereat we shook in our shoes. I would publish the name, but for the suspicion that he might come and carve me. He finally inquired if Brown still thirsted for blood. Brown turned the thing over in his mind a moment, and then—asked him to supper.

With the permission of the reader, I will group together, in the next chapter, some samples of life in our small mountain village in the old days of desperadoism. I was there at the time. The reader will observe peculiarities in our official society; and he will observe also, an instance of how, in new countries, murders breed murders.



CHAPTER XLIX.

An extract or two from the newspapers of the day will furnish a photograph that can need no embellishment:

FATAL SHOOTING AFFRAY.—An affray occurred, last evening, in a billiard saloon on C street, between Deputy Marshal Jack Williams and Wm. Brown, which resulted in the immediate death of the latter. There had been some difficulty between the parties for several months.

An inquest was immediately held, and the following testimony adduced:

Officer GEO. BIRDSALL, sworn, says:—I was told Wm. Brown was drunk and was looking for Jack Williams; so soon as I heard that I started for the parties to prevent a collision; went into the billiard saloon; saw Billy Brown running around, saying if anybody had anything against him to show cause; he was talking in a boisterous manner, and officer Perry took him to the other end of the room to talk to him; Brown came back to me; remarked to me that he thought he was as good as anybody, and knew how to take care of himself; he passed by me and went to the bar; don't know whether he drank or not; Williams was at the end of the billiard-table, next to the stairway; Brown, after going to the bar, came back and said he was as good as any man in the world; he had then walked out to the end of the first billiard-table from the bar; I moved closer to them, supposing there would be a fight; as Brown drew his pistol I caught hold of it; he had fired one shot at Williams; don't know the effect of it; caught hold of him with one hand, and took hold of the pistol and turned it up; think he fired once after I caught hold of the pistol; I wrenched the pistol from him; walked to the end of the billiard-table and told a party that I had Brown's pistol, and to stop shooting; I think four shots were fired in all; after walking out, Mr. Foster remarked that Brown was shot dead.

Oh, there was no excitement about it—he merely "remarked" the small circumstance!

Four months later the following item appeared in the same paper (the Enterprise). In this item the name of one of the city officers above referred to (Deputy Marshal Jack Williams) occurs again:

ROBBERY AND DESPERATE AFFRAY.—On Tuesday night, a German named Charles Hurtzal, engineer in a mill at Silver City, came to this place, and visited the hurdy-gurdy house on B street. The music, dancing and Teutonic maidens awakened memories of Faderland until our German friend was carried away with rapture. He evidently had money, and was spending if freely. Late in the evening Jack Williams and Andy Blessington invited him down stairs to take a cup of coffee. Williams proposed a game of cards and went up stairs to procure a deck, but not finding any returned. On the stairway he met the German, and drawing his pistol knocked him down and rifled his pockets of some seventy dollars. Hurtzal dared give no alarm, as he was told, with a pistol at his head, if he made any noise or exposed them, they would blow his brains out. So effectually was he frightened that he made no complaint, until his friends forced him. Yesterday a warrant was issued, but the culprits had disappeared.

This efficient city officer, Jack Williams, had the common reputation of being a burglar, a highwayman and a desperado. It was said that he had several times drawn his revolver and levied money contributions on citizens at dead of night in the public streets of Virginia.

Five months after the above item appeared, Williams was assassinated while sitting at a card table one night; a gun was thrust through the crack of the door and Williams dropped from his chair riddled with balls. It was said, at the time, that Williams had been for some time aware that a party of his own sort (desperadoes) had sworn away his life; and it was generally believed among the people that Williams's friends and enemies would make the assassination memorable—and useful, too—by a wholesale destruction of each other.

It did not so happen, but still, times were not dull during the next twenty-four hours, for within that time a woman was killed by a pistol shot, a man was brained with a slung shot, and a man named Reeder was also disposed of permanently. Some matters in the Enterprise account of the killing of Reeder are worth nothing—especially the accommodating complaisance of a Virginia justice of the peace. The italics in the following narrative are mine:

MORE CUTTING AND SHOOTING.—The devil seems to have again broken loose in our town. Pistols and guns explode and knives gleam in our streets as in early times. When there has been a long season of quiet, people are slow to wet their hands in blood; but once blood is spilled, cutting and shooting come easy. Night before last Jack Williams was assassinated, and yesterday forenoon we had more bloody work, growing out of the killing of Williams, and on the same street in which he met his death. It appears that Tom Reeder, a friend of Williams, and George Gumbert were talking, at the meat market of the latter, about the killing of Williams the previous night, when Reeder said it was a most cowardly act to shoot a man in such a way, giving him "no show." Gumbert said that Williams had "as good a show as he gave Billy Brown," meaning the man killed by Williams last March. Reeder said it was a d—-d lie, that Williams had no show at all. At this, Gumbert drew a knife and stabbed Reeder, cutting him in two places in the back. One stroke of the knife cut into the sleeve of Reeder's coat and passed downward in a slanting direction through his clothing, and entered his body at the small of the back; another blow struck more squarely, and made a much more dangerous wound. Gumbert gave himself up to the officers of justice, and was shortly after discharged by Justice Atwill, on his own recognizance, to appear for trial at six o'clock in the evening. In the meantime Reeder had been taken into the office of Dr. Owens, where his wounds were properly dressed. One of his wounds was considered quite dangerous, and it was thought by many that it would prove fatal. But being considerably under the influence of liquor, Reeder did not feel his wounds as he otherwise would, and he got up and went into the street. He went to the meat market and renewed his quarrel with Gumbert, threatening his life. Friends tried to interfere to put a stop to the quarrel and get the parties away from each other. In the Fashion Saloon Reeder made threats against the life of Gumbert, saying he would kill him, and it is said that he requested the officers not to arrest Gumbert, as he intended to kill him. After these threats Gumbert went off and procured a double-barreled shot gun, loaded with buck-shot or revolver balls, and went after Reeder. Two or three persons were assisting him along the street, trying to get him home, and had him just in front of the store of Klopstock & Harris, when Gumbert came across toward him from the opposite side of the street with his gun. He came up within about ten or fifteen feet of Reeder, and called out to those with him to "look out! get out of the way!" and they had only time to heed the warning, when he fired. Reeder was at the time attempting to screen himself behind a large cask, which stood against the awning post of Klopstock & Harris's store, but some of the balls took effect in the lower part of his breast, and he reeled around forward and fell in front of the cask. Gumbert then raised his gun and fired the second barrel, which missed Reeder and entered the ground. At the time that this occurred, there were a great many persons on the street in the vicinity, and a number of them called out to Gumbert, when they saw him raise his gun, to "hold on," and "don't shoot!" The cutting took place about ten o'clock and the shooting about twelve. After the shooting the street was instantly crowded with the inhabitants of that part of the town, some appearing much excited and laughing—declaring that it looked like the "good old times of '60." Marshal Perry and officer Birdsall were near when the shooting occurred, and Gumbert was immediately arrested and his gun taken from him, when he was marched off to jail. Many persons who were attracted to the spot where this bloody work had just taken place, looked bewildered and seemed to be asking themselves what was to happen next, appearing in doubt as to whether the killing mania had reached its climax, or whether we were to turn in and have a grand killing spell, shooting whoever might have given us offence. It was whispered around that it was not all over yet —five or six more were to be killed before night. Reeder was taken to the Virginia City Hotel, and doctors called in to examine his wounds. They found that two or three balls had entered his right side; one of them appeared to have passed through the substance of the lungs, while another passed into the liver. Two balls were also found to have struck one of his legs. As some of the balls struck the cask, the wounds in Reeder's leg were probably from these, glancing downwards, though they might have been caused by the second shot fired. After being shot, Reeder said when he got on his feet —smiling as he spoke—"It will take better shooting than that to kill me." The doctors consider it almost impossible for him to recover, but as he has an excellent constitution he may survive, notwithstanding the number and dangerous character of the wounds he has received. The town appears to be perfectly quiet at present, as though the late stormy times had cleared our moral atmosphere; but who can tell in what quarter clouds are lowering or plots ripening?

Reeder—or at least what was left of him—survived his wounds two days! Nothing was ever done with Gumbert.

Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate. Not less than a hundred men have been murdered in Nevada—perhaps I would be within bounds if I said three hundred—and as far as I can learn, only two persons have suffered the death penalty there. However, four or five who had no money and no political influence have been punished by imprisonment—one languished in prison as much as eight months, I think. However, I do not desire to be extravagant—it may have been less.

However, one prophecy was verified, at any rate. It was asserted by the desperadoes that one of their brethren (Joe McGee, a special policeman) was known to be the conspirator chosen by lot to assassinate Williams; and they also asserted that doom had been pronounced against McGee, and that he would be assassinated in exactly the same manner that had been adopted for the destruction of Williams—a prophecy which came true a year later. After twelve months of distress (for McGee saw a fancied assassin in every man that approached him), he made the last of many efforts to get out of the country unwatched. He went to Carson and sat down in a saloon to wait for the stage—it would leave at four in the morning. But as the night waned and the crowd thinned, he grew uneasy, and told the bar-keeper that assassins were on his track. The bar-keeper told him to stay in the middle of the room, then, and not go near the door, or the window by the stove. But a fatal fascination seduced him to the neighborhood of the stove every now and then, and repeatedly the bar-keeper brought him back to the middle of the room and warned him to remain there. But he could not. At three in the morning he again returned to the stove and sat down by a stranger. Before the bar-keeper could get to him with another warning whisper, some one outside fired through the window and riddled McGee's breast with slugs, killing him almost instantly. By the same discharge the stranger at McGee's side also received attentions which proved fatal in the course of two or three days.



CHAPTER L.

These murder and jury statistics remind me of a certain very extraordinary trial and execution of twenty years ago; it is a scrap of history familiar to all old Californians, and worthy to be known by other peoples of the earth that love simple, straightforward justice unencumbered with nonsense. I would apologize for this digression but for the fact that the information I am about to offer is apology enough in itself. And since I digress constantly anyhow, perhaps it is as well to eschew apologies altogether and thus prevent their growing irksome.

Capt. Ned Blakely—that name will answer as well as any other fictitious one (for he was still with the living at last accounts, and may not desire to be famous)—sailed ships out of the harbor of San Francisco for many years. He was a stalwart, warm-hearted, eagle-eyed veteran, who had been a sailor nearly fifty years—a sailor from early boyhood. He was a rough, honest creature, full of pluck, and just as full of hard-headed simplicity, too. He hated trifling conventionalities—"business" was the word, with him. He had all a sailor's vindictiveness against the quips and quirks of the law, and steadfastly believed that the first and last aim and object of the law and lawyers was to defeat justice.

He sailed for the Chincha Islands in command of a guano ship. He had a fine crew, but his negro mate was his pet—on him he had for years lavished his admiration and esteem. It was Capt. Ned's first voyage to the Chinchas, but his fame had gone before him—the fame of being a man who would fight at the dropping of a handkerchief, when imposed upon, and would stand no nonsense. It was a fame well earned. Arrived in the islands, he found that the staple of conversation was the exploits of one Bill Noakes, a bully, the mate of a trading ship. This man had created a small reign of terror there. At nine o'clock at night, Capt. Ned, all alone, was pacing his deck in the starlight. A form ascended the side, and approached him. Capt. Ned said:

"Who goes there?"

"I'm Bill Noakes, the best man in the islands."

"What do you want aboard this ship?"

"I've heard of Capt. Ned Blakely, and one of us is a better man than 'tother—I'll know which, before I go ashore."

"You've come to the right shop—I'm your man. I'll learn you to come aboard this ship without an invite."

He seized Noakes, backed him against the mainmast, pounded his face to a pulp, and then threw him overboard.

Noakes was not convinced. He returned the next night, got the pulp renewed, and went overboard head first, as before.

He was satisfied.

A week after this, while Noakes was carousing with a sailor crowd on shore, at noonday, Capt. Ned's colored mate came along, and Noakes tried to pick a quarrel with him. The negro evaded the trap, and tried to get away. Noakes followed him up; the negro began to run; Noakes fired on him with a revolver and killed him. Half a dozen sea-captains witnessed the whole affair. Noakes retreated to the small after-cabin of his ship, with two other bullies, and gave out that death would be the portion of any man that intruded there. There was no attempt made to follow the villains; there was no disposition to do it, and indeed very little thought of such an enterprise. There were no courts and no officers; there was no government; the islands belonged to Peru, and Peru was far away; she had no official representative on the ground; and neither had any other nation.

However, Capt. Ned was not perplexing his head about such things. They concerned him not. He was boiling with rage and furious for justice. At nine o'clock at night he loaded a double-barreled gun with slugs, fished out a pair of handcuffs, got a ship's lantern, summoned his quartermaster, and went ashore. He said:

"Do you see that ship there at the dock?"

"Ay-ay, sir."

"It's the Venus."

"Ay-ay, sir."

"You—you know me."

"Ay-ay, sir."

"Very well, then. Take the lantern. Carry it just under your chin. I'll walk behind you and rest this gun-barrel on your shoulder, p'inting forward—so. Keep your lantern well up so's I can see things ahead of you good. I'm going to march in on Noakes—and take him—and jug the other chaps. If you flinch—well, you know me."

"Ay-ay, sir."

In this order they filed aboard softly, arrived at Noakes's den, the quartermaster pushed the door open, and the lantern revealed the three desperadoes sitting on the floor. Capt. Ned said:

"I'm Ned Blakely. I've got you under fire. Don't you move without orders—any of you. You two kneel down in the corner; faces to the wall —now. Bill Noakes, put these handcuffs on; now come up close. Quartermaster, fasten 'em. All right. Don't stir, sir. Quartermaster, put the key in the outside of the door. Now, men, I'm going to lock you two in; and if you try to burst through this door—well, you've heard of me. Bill Noakes, fall in ahead, and march. All set. Quartermaster, lock the door."

Noakes spent the night on board Blakely's ship, a prisoner under strict guard. Early in the morning Capt. Ned called in all the sea-captains in the harbor and invited them, with nautical ceremony, to be present on board his ship at nine o'clock to witness the hanging of Noakes at the yard-arm!

"What! The man has not been tried."

"Of course he hasn't. But didn't he kill the nigger?"

"Certainly he did; but you are not thinking of hanging him without a trial?"

"Trial! What do I want to try him for, if he killed the nigger?"

"Oh, Capt. Ned, this will never do. Think how it will sound."

"Sound be hanged! Didn't he kill the nigger?"

"Certainly, certainly, Capt. Ned,—nobody denies that,—but—"

"Then I'm going to hang him, that's all. Everybody I've talked to talks just the same way you do. Everybody says he killed the nigger, everybody knows he killed the nigger, and yet every lubber of you wants him tried for it. I don't understand such bloody foolishness as that. Tried! Mind you, I don't object to trying him, if it's got to be done to give satisfaction; and I'll be there, and chip in and help, too; but put it off till afternoon—put it off till afternoon, for I'll have my hands middling full till after the burying—"

"Why, what do you mean? Are you going to hang him any how—and try him afterward?"

"Didn't I say I was going to hang him? I never saw such people as you. What's the difference? You ask a favor, and then you ain't satisfied when you get it. Before or after's all one—you know how the trial will go. He killed the nigger. Say—I must be going. If your mate would like to come to the hanging, fetch him along. I like him."

There was a stir in the camp. The captains came in a body and pleaded with Capt. Ned not to do this rash thing. They promised that they would create a court composed of captains of the best character; they would empanel a jury; they would conduct everything in a way becoming the serious nature of the business in hand, and give the case an impartial hearing and the accused a fair trial. And they said it would be murder, and punishable by the American courts if he persisted and hung the accused on his ship. They pleaded hard. Capt. Ned said:

"Gentlemen, I'm not stubborn and I'm not unreasonable. I'm always willing to do just as near right as I can. How long will it take?"

"Probably only a little while."

"And can I take him up the shore and hang him as soon as you are done?"

"If he is proven guilty he shall be hanged without unnecessary delay."

"If he's proven guilty. Great Neptune, ain't he guilty? This beats my time. Why you all know he's guilty."

But at last they satisfied him that they were projecting nothing underhanded. Then he said:

"Well, all right. You go on and try him and I'll go down and overhaul his conscience and prepare him to go—like enough he needs it, and I don't want to send him off without a show for hereafter."

This was another obstacle. They finally convinced him that it was necessary to have the accused in court. Then they said they would send a guard to bring him.

"No, sir, I prefer to fetch him myself—he don't get out of my hands. Besides, I've got to go to the ship to get a rope, anyway."

The court assembled with due ceremony, empaneled a jury, and presently Capt. Ned entered, leading the prisoner with one hand and carrying a Bible and a rope in the other. He seated himself by the side of his captive and told the court to "up anchor and make sail." Then he turned a searching eye on the jury, and detected Noakes's friends, the two bullies.

He strode over and said to them confidentially:

"You're here to interfere, you see. Now you vote right, do you hear?—or else there'll be a double-barreled inquest here when this trial's off, and your remainders will go home in a couple of baskets."

The caution was not without fruit. The jury was a unit—the verdict. "Guilty."

Capt. Ned sprung to his feet and said:

"Come along—you're my meat now, my lad, anyway. Gentlemen you've done yourselves proud. I invite you all to come and see that I do it all straight. Follow me to the canyon, a mile above here."

The court informed him that a sheriff had been appointed to do the hanging, and—

Capt. Ned's patience was at an end. His wrath was boundless. The subject of a sheriff was judiciously dropped.

When the crowd arrived at the canyon, Capt. Ned climbed a tree and arranged the halter, then came down and noosed his man. He opened his Bible, and laid aside his hat. Selecting a chapter at random, he read it through, in a deep bass voice and with sincere solemnity. Then he said:

"Lad, you are about to go aloft and give an account of yourself; and the lighter a man's manifest is, as far as sin's concerned, the better for him. Make a clean breast, man, and carry a log with you that'll bear inspection. You killed the nigger?"

No reply. A long pause.

The captain read another chapter, pausing, from time to time, to impress the effect. Then he talked an earnest, persuasive sermon to him, and ended by repeating the question:

"Did you kill the nigger?"

No reply—other than a malignant scowl. The captain now read the first and second chapters of Genesis, with deep feeling—paused a moment, closed the book reverently, and said with a perceptible savor of satisfaction:

"There. Four chapters. There's few that would have took the pains with you that I have."

Then he swung up the condemned, and made the rope fast; stood by and timed him half an hour with his watch, and then delivered the body to the court. A little after, as he stood contemplating the motionless figure, a doubt came into his face; evidently he felt a twinge of conscience—a misgiving—and he said with a sigh:

"Well, p'raps I ought to burnt him, maybe. But I was trying to do for the best."

When the history of this affair reached California (it was in the "early days") it made a deal of talk, but did not diminish the captain's popularity in any degree. It increased it, indeed. California had a population then that "inflicted" justice after a fashion that was simplicity and primitiveness itself, and could therefore admire appreciatively when the same fashion was followed elsewhere.



CHAPTER LI.

Vice flourished luxuriantly during the hey-day of our "flush times." The saloons were overburdened with custom; so were the police courts, the gambling dens, the brothels and the jails—unfailing signs of high prosperity in a mining region—in any region for that matter. Is it not so? A crowded police court docket is the surest of all signs that trade is brisk and money plenty. Still, there is one other sign; it comes last, but when it does come it establishes beyond cavil that the "flush times" are at the flood. This is the birth of the "literary" paper. The Weekly Occidental, "devoted to literature," made its appearance in Virginia. All the literary people were engaged to write for it. Mr. F. was to edit it. He was a felicitous skirmisher with a pen, and a man who could say happy things in a crisp, neat way. Once, while editor of the Union, he had disposed of a labored, incoherent, two-column attack made upon him by a contemporary, with a single line, which, at first glance, seemed to contain a solemn and tremendous compliment—viz.: "THE LOGIC OF OUR ADVERSARY RESEMBLES THE PEACE OF GOD,"—and left it to the reader's memory and after-thought to invest the remark with another and "more different" meaning by supplying for himself and at his own leisure the rest of the Scripture—"in that it passeth understanding." He once said of a little, half-starved, wayside community that had no subsistence except what they could get by preying upon chance passengers who stopped over with them a day when traveling by the overland stage, that in their Church service they had altered the Lord's Prayer to read: "Give us this day our daily stranger!"

We expected great things of the Occidental. Of course it could not get along without an original novel, and so we made arrangements to hurl into the work the full strength of the company. Mrs. F. was an able romancist of the ineffable school—I know no other name to apply to a school whose heroes are all dainty and all perfect. She wrote the opening chapter, and introduced a lovely blonde simpleton who talked nothing but pearls and poetry and who was virtuous to the verge of eccentricity. She also introduced a young French Duke of aggravated refinement, in love with the blonde. Mr. F. followed next week, with a brilliant lawyer who set about getting the Duke's estates into trouble, and a sparkling young lady of high society who fell to fascinating the Duke and impairing the appetite of the blonde. Mr. D., a dark and bloody editor of one of the dailies, followed Mr. F., the third week, introducing a mysterious Roscicrucian who transmuted metals, held consultations with the devil in a cave at dead of night, and cast the horoscope of the several heroes and heroines in such a way as to provide plenty of trouble for their future careers and breed a solemn and awful public interest in the novel. He also introduced a cloaked and masked melodramatic miscreant, put him on a salary and set him on the midnight track of the Duke with a poisoned dagger. He also created an Irish coachman with a rich brogue and placed him in the service of the society-young-lady with an ulterior mission to carry billet-doux to the Duke.

About this time there arrived in Virginia a dissolute stranger with a literary turn of mind—rather seedy he was, but very quiet and unassuming; almost diffident, indeed. He was so gentle, and his manners were so pleasing and kindly, whether he was sober or intoxicated, that he made friends of all who came in contact with him. He applied for literary work, offered conclusive evidence that he wielded an easy and practiced pen, and so Mr. F. engaged him at once to help write the novel. His chapter was to follow Mr. D.'s, and mine was to come next. Now what does this fellow do but go off and get drunk and then proceed to his quarters and set to work with his imagination in a state of chaos, and that chaos in a condition of extravagant activity. The result may be guessed. He scanned the chapters of his predecessors, found plenty of heroes and heroines already created, and was satisfied with them; he decided to introduce no more; with all the confidence that whisky inspires and all the easy complacency it gives to its servant, he then launched himself lovingly into his work: he married the coachman to the society-young-lady for the sake of the scandal; married the Duke to the blonde's stepmother, for the sake of the sensation; stopped the desperado's salary; created a misunderstanding between the devil and the Roscicrucian; threw the Duke's property into the wicked lawyer's hands; made the lawyer's upbraiding conscience drive him to drink, thence to delirium tremens, thence to suicide; broke the coachman's neck; let his widow succumb to contumely, neglect, poverty and consumption; caused the blonde to drown herself, leaving her clothes on the bank with the customary note pinned to them forgiving the Duke and hoping he would be happy; revealed to the Duke, by means of the usual strawberry mark on left arm, that he had married his own long-lost mother and destroyed his long-lost sister; instituted the proper and necessary suicide of the Duke and the Duchess in order to compass poetical justice; opened the earth and let the Roscicrucian through, accompanied with the accustomed smoke and thunder and smell of brimstone, and finished with the promise that in the next chapter, after holding a general inquest, he would take up the surviving character of the novel and tell what became of the devil! It read with singular smoothness, and with a "dead" earnestness that was funny enough to suffocate a body. But there was war when it came in. The other novelists were furious. The mild stranger, not yet more than half sober, stood there, under a scathing fire of vituperation, meek and bewildered, looking from one to another of his assailants, and wondering what he could have done to invoke such a storm. When a lull came at last, he said his say gently and appealingly—said he did not rightly remember what he had written, but was sure he had tried to do the best he could, and knew his object had been to make the novel not only pleasant and plausible but instructive and——

The bombardment began again. The novelists assailed his ill-chosen adjectives and demolished them with a storm of denunciation and ridicule. And so the siege went on. Every time the stranger tried to appease the enemy he only made matters worse. Finally he offered to rewrite the chapter. This arrested hostilities. The indignation gradually quieted down, peace reigned again and the sufferer retired in safety and got him to his own citadel.

But on the way thither the evil angel tempted him and he got drunk again. And again his imagination went mad. He led the heroes and heroines a wilder dance than ever; and yet all through it ran that same convincing air of honesty and earnestness that had marked his first work. He got the characters into the most extraordinary situations, put them through the most surprising performances, and made them talk the strangest talk! But the chapter cannot be described. It was symmetrically crazy; it was artistically absurd; and it had explanatory footnotes that were fully as curious as the text. I remember one of the "situations," and will offer it as an example of the whole. He altered the character of the brilliant lawyer, and made him a great-hearted, splendid fellow; gave him fame and riches, and set his age at thirty-three years. Then he made the blonde discover, through the help of the Roscicrucian and the melodramatic miscreant, that while the Duke loved her money ardently and wanted it, he secretly felt a sort of leaning toward the society-young-lady. Stung to the quick, she tore her affections from him and bestowed them with tenfold power upon the lawyer, who responded with consuming zeal. But the parents would none of it. What they wanted in the family was a Duke; and a Duke they were determined to have; though they confessed that next to the Duke the lawyer had their preference. Necessarily the blonde now went into a decline. The parents were alarmed. They pleaded with her to marry the Duke, but she steadfastly refused, and pined on. Then they laid a plan. They told her to wait a year and a day, and if at the end of that time she still felt that she could not marry the Duke, she might marry the lawyer with their full consent. The result was as they had foreseen: gladness came again, and the flush of returning health. Then the parents took the next step in their scheme. They had the family physician recommend a long sea voyage and much land travel for the thorough restoration of the blonde's strength; and they invited the Duke to be of the party. They judged that the Duke's constant presence and the lawyer's protracted absence would do the rest—for they did not invite the lawyer.