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 f ■ 
 
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 6 
 
THE WORKS 
 
 ov 
 
 IIUBEKT HOWE BANCROFT. 
 
^^?3I5HR« 
 
THE WORKS 
 
 OF 
 
 HUBERT HOWE BANCROFT. 
 
 V 
 
 VOLUME XXXVI. 
 
 POPULAR TRIBUNALS. 
 
 Vol. I. 
 
 SAN FRANCISCO: 
 THE HISTORY COMPANY, PUBLISHERS. 
 
 1887. 
 
I 
 
 I 
 
 I 
 
 F.„t.T.Ml n,-.-..r,Uii« t.^ Aot of ('o>,^t.ss ,n Hm' War 18-7, by 
 
 nrr.Kirr ii r.ANciunT. 
 
 1„ tt.r om.-. f th.' I.il.niii») ..f <^ii.t;n>s, at WaHlunu't-.n. 
 
 .1// Unjlils Uisirtrd. 
 
' ^' 
 
 PREFACE. 
 
 
 During my researches in Pacific States history, 
 and particularly while tracing the development of 
 Anijlo- American communities on the western side 
 of the United States, I fancied I saw unfolding into 
 healthier proportions, under the influence of a purer 
 atmosphere, that sometime dissolute principle of po- 
 litical etliics, the right of tlic governed at all times 
 to instant and arbitrary control of the government. 
 The right thus claimed was not to be exercised except 
 in cases of emergency, in cases where such interfer- 
 ence should be deemed necessary, but it was always 
 existent; and as the people themselves were to de- 
 termine what should constitute emergency and what 
 necessity, these qualifications were impertinent. 
 
 Though liable at times to the grossest abuse, I 
 found this sentiment latent among widely spread and 
 intelligent i:)eoples, but in a form so anomalous that 
 few would then admit to themselves its presence 
 amoncr their convictions. It was a doctrine acted 
 rather tlian spoken, and existing as yet in practice 
 only, never having through formulas of respectability 
 worked itself out in theory. Yet it was palpably 
 present, more often as a regretted necessity, usually 
 denounced in judicial and political circles, though 
 clearly operating under certain conditions to the wel- 
 fare of society. 
 
 (Vii) 
 
yUi 
 
 l*l!KI ACK. 
 
 Fiudinjif on these Pacilic shores, in u dej^rec superior 
 to any elsewhere appearinu^ in the annals of the race, 
 this phase of ai'hitrary power as tlisplayecl by the 
 many JVpular Tribunals liere engendered, I pressed 
 iii([uiry in that direction, and these volumes are the 
 i-csult. It is all history; and tliough herein I some- 
 times indulge in details which might swell unduly 
 exact historical nai'ration, I have felt constrained to 
 omit more facts and illustrations than I have <xiven. 
 These omissions, however, are not made at random, 
 or to the injury of the work, but only after carefully 
 arranging and comparing all the information on the 
 subject I have been able to gather. 
 
 And the material was abundant. Beside printed 
 books, manuscripts, and the several journals of the 
 period advocating the opposite sides of the question, 
 I was fortunate enough to secure all the archives of 
 the San Francisco Committee of Vigilance of 1851, 
 and to obtain free access to the voluminous records 
 and documents of the great Committee of 185G. But 
 this was not all. Well knowing that the hidden work- 
 ings of the several demonstrations could be obtained 
 only from the mouths of their executive officers, I took 
 copious dictations from those who had played the most 
 prominent parts in the tragedies. From one member 
 I learned what occurred on a given occasion at the 
 point where he happened to be; I'rom another, what 
 was taking place at the same time at another point 
 of observation ; and so on, gathering from each some- 
 thing the others did not know or remember. By 
 putting all together I was enabled to complete the 
 picture of what were otherwise a conglomeration of 
 figures and events. 
 
 At first I found the gentlemen of 185G exceedingly 
 
PRKFACK. 
 
 ix 
 
 ipcrior 
 c race, 
 by the 
 pressed 
 iro the 
 " soinc- 
 unduly 
 ined to 
 
 ociven. 
 andom, 
 ircfully 
 
 on the 
 
 printed 
 of the 
 uestion, 
 lives of 
 )f 1851, 
 records 
 G. But 
 )n work- 
 Dbtoincd 
 s, I took 
 the most 
 member 
 II at the 
 er, what 
 ler point 
 cli somc- 
 )er. By 
 )lcte the 
 ration of 
 
 3eedingly 
 
 backward in divulsj^inc: secrets so lonijf licld sacred; and 
 it was only after I had j^iven thcni the most convincing 
 assurances of the strength and purity of my i)urpose 
 that I obtained their united consent to pkice me in 
 possession of their whole knowledge of the matter. 
 Often had they been applied to for such information, 
 and as often had they declined giving it. And for 
 good reasons. They had offended the law; they had 
 done violence to many who still cherished hatred; 
 they had suifered from annoying and expensive suits 
 at law brought against them by the expatriated ; they 
 had disbanded but had not disorganized, and they did 
 not know at what moment they might again be sum- 
 moned to rise in defence of societv, or to band for 
 nmtual protection. From the beginning it was held 
 by each a paramount obligation to divulge nothing. 
 
 On the other hand the questions arose : Are these 
 secrets to die with you ? ^lay not the kno vledge of 
 your experience be of value to succeeding societies? 
 Have you the right to bury in oblivion that experi- 
 ence, to withhold from your fellow-citizens and from 
 posterity a knowledge of the ways by which you 
 achieved so grand a success? And so after many 
 meetings, and warm deliberations, it was agreed that 
 the information should be placed at my disposal for 
 the purpose of publication. 
 
 However I may have executed my task, the time 
 selected for its performance was most opportune. 
 Ten years earlier the actors in these abnormal events 
 would on no account have divulged their secrets; ten 
 years later many of them will have passed away, and 
 the opportunity be forever lost for obtaining informa- 
 tion which they alone could give. 
 
!• 
 
COXTENTS OF IlIIS VOLUME. 
 
 CHAPTER I. "*«« 
 
 ABERRATIONS OF JCSTICK, ANCIEN'l' AM) 5IODERN, 1 
 
 CHAPTER II. 
 
 POPULAR TRIUUNALS AND I'OrULAR GOVERNMENT, -Jl 
 
 CHAPTER III. 
 
 ENOENDERiNM C(JNDITIONS, 40 
 
 CHAPTER IV. 
 
 BIONIFICATIONS OF STORM, til 
 
 CHAPTER V. 
 
 THE HOUNDS ASSOCIATION, 7(5 
 
 CHAPTER VI. 
 
 THE SAN FRANCISCO SOCIETY UF REGULATORS, 88 
 
 CHAPTER VII. 
 
 IE ADVENT OF LAV/, 103 
 
 CHAPTER VIII. 
 
 CHARACTERISTICS OF CRDIE IN CALIFORNIA, 1 l.'J 
 
 CHAPTER IX. 
 
 LAW AND DISORDER, 129 
 
 CHAPTER v. 
 
 MOBOCRACY IN THE MINES, 142 
 
xii (OXTI.NTS. 
 
 CHAPTi:i{ XI. i-^'* 
 
 It r.nir.i! antics or irsiK r. in iiii; idintuy ir.s 
 
 CHAPTKH XII. 
 
 THi; lU lilifK-STlAKT AITAIK I71I 
 
 CHAl'TEIl Xni. 
 
 (IHCAMZATIdN DF Till' SAN IliAM ISCi) ('(JMMITTEE OF ViniLANCK 
 
 OF 1S.")1, .... "JOl 
 
 CHAPTER XIV. 
 
 1 ..IIINP Tin: SCFNKS, -JU 
 
 CHAPT]:H XV. 
 
 JOHN JENKINS, NDI.LNS VOI.KNS ^tlC) 
 
 CHAPTKK XVI. 
 
 Tin: SAN iiiANcisci. Kxr.criivi; ro:\iMiTTi;i: of ISol 240 
 
 CITAPTKI! XVII. 
 
 vic.n.ANci: liixoMr.s a I'<j\vi:k 2.w 
 
 CIIAPTKPi XVIII. 
 
 ENTEll JAME.S STIAKT, 2(17 
 
 CHAPTER XIX. 
 
 EXIT .ia:»ii:s stfakt 280 
 
 CHAPTER XX. 
 
 A lilsV MdN'lII, 21)0 
 
 CHAPTER XXI. 
 
 oi'i'osiTioN in vion.ANi i: ADMiNisTUATioN ;n:{ 
 
 CHAPTER XXII. 
 
 WlHiTAKEll AND JU KEN/IK, ;{.T> 
 
 CHAPTER XXIII. 
 
 THE CinCt'MVENTOHS CIELTMVENTED, 3oO 
 
PACK. 
 
 . . 17'.) 
 
 lILANCi; 
 
 . . . •JDl 
 
 ]\\ 
 
 •2-J(i 
 
 !10 
 
 . -JCT 
 
 •jsd 
 
 'J'.i'.l 
 
 :u:j 
 
 :!:{.*) 
 
 350 
 
 CONTEXTS. xiii 
 
 CHAPTER XXIV. !•*'■= 
 
 MINOR 1{.\SC.VLITIES, "iGT 
 
 CHAPTER XXV. 
 
 TUE INQUISITORS IN COUN'CII,, 380 
 
 ^** CHAPTER XXVI. 
 
 CLOSE OF TUE ITUST CliUS.VUi:, .' 3t)3 
 
 I CHAPTER XXVII. 
 
 4- 
 
 13EF0UE Tin; WOItLD, 407 
 
 CHAPTER XXVIII. 
 
 EXTENSION OF THE VIGILANCE I'lUNCIPLE, 429 
 
 CHAPTER XXIX. 
 
 ^ COUNTRY C'OSniITTEES OF VIGILANCE, 441 
 
 CHAPTER XXX. 
 
 INFELICITIES AND .VI.LEVIATIONS, 515 
 
 CHAPTER XXXI. 
 
 THE POWNTEVILLE TRAGEDY, r)77 
 
 CIIAPTEPt XXXII. 
 
 THE POl'ULAH TRIUUNALS OF UTAH AND NEVADA, oOS 
 
 CHAPTER XXXIII. 
 
 THE I'lil II.AU TRIIUNALS OF OltEGOX, WASIlI.Ni i TON, lUUTISH C'OLr:^!- 
 
 r.IA, AND ALASKA, C)'2'2 
 
 CHAPTER XXXIV. 
 
 TUE I'OITLAR TItlliUNALS OF IDAHO, G.'i4 
 
 CHAPTER XXXV. 
 
 POPULAR TRIUUNALS OF JIONTANA, G7 4 
 
 CHAPTER XXXVI. 
 
 THE POPULAU TKUiUNALS OF ARIZONA, NEW MEXICO, AND MEXICO, 7:22 
 
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 1 
 
 h 
 
POPULAR TRIBUNALS. 
 
 CHAPTER I. 
 
 ABERRATIOXS OF JUSTICE. ANCIENT AND MODERN. 
 
 At Halifax the law so sharpe doth deale, 
 Ihat who3o more than thirteen pence doth stcale, 
 Ihoy luivc a jyn tliat wondrous quick and well 
 bends thieves all headless into heaven or hell. 
 
 Taylor, The Water Poet. 
 
 Popular tribunals, wherein is attempted the ille- 
 gal administration of justice by the people, have 
 become quite prominent among those social parox- 
 ysms incident to rapid progress. The principle in 
 its several phases, and as at present existin<r is 
 essentially a latter-day development. Dan-veroiJ^' or 
 otlienvise, it is the outgrowth of enlightenment, of 
 intellectual emancipation. While the doctrine of the 
 divinity of law, that is of statutory or otlier than 
 natural law, held bound men's minds, there were 
 coni])aratively few examples of illegal justice; but 
 when it came generally to be felt that statutes were 
 no more sacred than the men who made them leo-al 
 impositions and vicious technicalities were less pa- 
 tiently endured. 
 
 Not that antiquity was wholly without its rio-ht- 
 compelhng powers, but they were of a different o?der 
 trom our modern demonstrations. But neither the old 
 nor the new were such as Plato would have chosen for 
 his Kepubhc, or Saint Augustine for his City of God or 
 
 Vol. I. 1 t, } 
 
ABERRATIONS OF JUSTICE. 
 
 
 Sir Thomas More for his Utopia, or Lord Bacon for 
 his New Atlantis. A theorist could scarcely have 
 concocted so paradoxical a proposition as the modern 
 popular tribunal, and the thing was left to concoct 
 itsclt: 
 
 There was government by factions in the olden 
 time, such as in the days of Cicero and Pompey kept 
 Rome for nearly four years in a state of anarcliy. 
 It was Clodius and his hired gladiators who did it. 
 Even as at present, sometimes, assassins were at work ; 
 elections were tampered with, and the senate was 
 overawed. Men talked of military rule, the thought 
 (jf wliich was pleasing to both Pompey and Caisar- ; 
 for strange to say, when backed by strong battalions, 
 the rival allies both loved to reign. How it would 
 have ende^[ it is difficult to say, had not Milo and his 
 jKirtisans, likewise with a patrol of gladiators, opposed 
 and finally overthrown Clodius. But for a time, like 
 the Capulets and Montagues at Verona, the parties 
 of Clodius and Milo walked the streets of Rome, bid- 
 dino- deliance alike to governors and governed. 
 
 In feudal times almost every state had its system 
 of secret tribunals, where judgments, most unex- 
 pectedly to the victims, were passed in darkness and 
 executed in the light. Whereat innocent and guilty 
 alike trembled ; no one could tell when his own turn 
 would come, or when he might be executed for he 
 knew not what. The guilty mind was thus always 
 on the rack, and fortunate was the offender who was 
 not first condemned and then caught. 
 
 During the Middle Age the knights of Germanv 
 formed an independent feudal order, and threw off 
 allegiance to any prince. Their depredations at first 
 were not incompatible with the then existing ideas of 
 respectability, but as they were driven into corners b}' 
 the growth of towns, the order degenerated toward 
 the close of the fifteenth century, until its membe.' ; 
 were nothing less than highwaymen. In 1522 they 
 infested the country round Nuremberg, and took many 
 
 ■■■# 
 
axcip:nt tribunals. 
 
 » 
 
 ])iis()iu)r.s. They liad a, fashion of cutting off* the right 
 liand of those they captured, thereby rendering them 
 helpless in any future encounter. 
 
 There were several terms used in bygone times to 
 denote the process of punishing first and trying after- 
 ward. There was Cowper law, due to a baron-bailo 
 in Coupar-Angus, before the abolition of heritable 
 jurisdiction. We find also the expressions Jedburgh, 
 Jedwood, and Jeddart justice ; also Lynford law, from a 
 fortified town of that name in Devon, where criminals 
 wore confined, before trial, in a dungeon so loathsome 
 that no punishment could be greater. 
 
 Venice had its Council of Ten, a secret tribunal of 
 the republic, instituted subsequent to the conspiracy 
 of Tiepolo. It uas originally composed of ten coun- 
 cillors, arrayed in black. Soon six others in red wuv 
 added, and these together with the doge exercised 
 unlimited power. Temporarily established at first, it 
 was continued for a time from year to year, and finalh' 
 in 13 .15 declared permanent. As late as 1454 we 
 find this tribunal exercising its secret pleasure, in t1i<* 
 name of justice, under the following arrangement: 
 Citizens, chosen by the Council as inquisitors t<» 
 execute its will, must not refuse to serve. The 
 inquisitors might proceed against any person, no mat- 
 tor of what rank; they might pronounce the deatli 
 sentence, or any other; they had chargeof the prisons, 
 and drew money from the treasury of the Council of 
 Ton without question as to its use. The proceedings 
 ( )i'thc tril)unal must bo alu'ays secret ; its members must, 
 wear no distinctive badge; no open arrests should bo 
 made, no public executions, but the condemned of 
 the tribunal should be drowned at night in the Orfano 
 Canal. The relatives of the escaped oflfenders should 
 be puiiishod; any offensive official might be secret! v 
 assassinated. This happy state of things continu(>d 
 until the fall of the republic, in 1797. 
 
 In France there were the Council of the Ancients, 
 and the Council of Five Hundred, and in Spain the 
 
ABERIIATI0N8 OF JUSTICE. 
 
 Council of Caatilo; but these, and many otherH similar, 
 wore bodies advisory of the government, and acted in 
 that capacity, or subject to the regulations of the 
 government, and not in antagonism to it. 
 
 Aragon and Castile boasted their Holy Brother- 
 hood, and for centuries tlieir sovereigns smiled on 
 its important services. In Spain, during the thir- 
 teenth and iburteenth centuries, along the line divid- 
 ing the hostile Goth and Arab, the frontiers of both 
 Spanish and Moslem domination, law was impotent 
 and anarchy mightier than kings. The towns were 
 obliged to league for mutual protection. Associating 
 under the n. ine of Santa TIermandarJ, or Holy 
 Brotherhood, they levied contributions for their sup- 
 port, and organized troops for service. They protected 
 travellers, pursued criminals, and appointed judges who 
 paid little heed to what the lord of the domain might 
 think of it, or to his laws or jurisdiction. They scoured 
 the mountains for robbers, and caught, tried, and exe- 
 cuted them after their own fashion for many scores 
 of years. But here, also, the king gave both favor 
 and support to the association. 
 
 The Vehmgericht of Westphalia has been held up 
 as an institution of wliicli the present popular tribunal 
 is a representation; but there is little in common 
 between them, either in letter or in spirit. The Vehm- 
 gericht was a secret tribunal, established for the 
 preservation of the true faith, the promotion of peace, 
 and the suppression of crime. All its doings were 
 enveloped in mystery. Its secret spies penetrated to 
 the remotest corners of Germany, its judges were un- 
 known, its judgments were swift, and their execution 
 was certain. 
 
 Scotland once gloried in a sort of lynch-law, called 
 burlaw, from the Dutch haiir, a boor, or rustic. In 
 tlio rural districts the people made certain laws to suit 
 emergencies, and appointed one of their number, called 
 the burlaw-man, to see them executed. Two and a 
 Juilf centuries ago tliei-e was what was called Halifax 
 
FRANCK AN'I) KXGLAND, 
 
 the 
 
 eace, 
 
 wore 
 
 ited to 
 
 re un- 
 
 cutiou 
 
 called 
 c. In 
 to suit 
 , <>alled 
 
 and a 
 ialifax 
 
 
 law, whicli coimuitted thieves for execution to the 
 Halifax gibbet, wliicli was a kind of j^uillotine. Robo- 
 s[)i('rre proposed a decree which, in 1793, established 
 a Conunittee of General Security, exercising power 
 superior to the convention. To this was auxiliary 
 the Committee of Public Safety, of which Robespierre 
 likewise was a member. 
 
 An incident is mentioned by M. Hue, which hap- 
 ])ened during his journey through the Chinese Empire 
 in ('(Hnpany with certain Catholic priests, whicli shows 
 how easily intimidated are the subordinates of arbitrary 
 j)ower by a counter display of like pretended power. 
 A Chinese Christian, Tchao by name, zealous in his re- 
 gard for the spiritual ftithers thus unexpectedly visit- 
 ing the country, sent the travellers a present of sonu' 
 (hied fruit, accompanied by a letter. A military man- 
 darin, overwhelmed with curiosity, secretly (opened 
 the package and attempted to read the letter, but 
 was cauLjlit in the act. The missionaries, who woi'o 
 travelling under protection of the emperor, clamoi-od 
 loudly over the insult. They demanded that Tchao, 
 whom the ])refect had ordered imprisoned as a dis- 
 turlier of the ])oace for having thus connnunicated 
 with the travellers, sliould be brought before them 
 for trial; and two foreigners, if we may credit their 
 stor}', did actually s(^ frighten the magistrates that 
 they yielded tlieii" place in the tribunal, and permitted 
 tlie missionaries to try and to acquit the prisoner. 
 
 England in Anglo-Saxon times found a necessity 
 the witena-geni<)t, or great national council, b}' which 
 the king's title must be recoijfnized and his acts rc^xu- 
 lated, and to which all courts of justice were subser- 
 vient. When abolished by William the Conqueror, 
 :'rs were transmitted to parliament 
 
 V 
 
 dy in p 
 
 Such are some of the prominent examples of liis- 
 tory which at various times, and by men not the n) jst 
 thoroughly familiar with the subject, have been cr n 
 pared with the modern Committee of Vigilance, which 
 
ABERRATIONS OP JU8TICK. 
 
 in its liighcr aspect is the highest form of the popular 
 tribunal. If antiquity can furnish us no more perti- 
 nent illustrations than these, then we are safe in say- 
 ing that nothing exactly similar to our present popular 
 tribunal was known to the ancients. If nothing of 
 the kind can be found in Europe, then to America 
 must be given the honor or odium of it. In all the 
 cases cited there is something of government by fac- 
 tion, or of military rule, or of rebellion against the 
 powers that be, or of secret or open tribunals acting 
 iin<lor law, or of legally sanctioned aids to govern- 
 nu'ut, or of revolution, civil war, or highway robbery. 
 Xow whatever our popular tribunal may be, it is none 
 of these ; it has no such ingredients in its composition. 
 As we approach the time of Lynch and lynching, 
 we come nearer our present development, but we do 
 not quite reach it even then. As to the origin of 
 the term lyncli-law, opinion is divided. There was in 
 1493 a mayor of Galway, Ireland, named James Fitz- 
 stcphens Lynch. He w^as in the wine trade, and 
 received cargoes from Spain. Thither he once sent 
 his son with money to buy wine. The son squan- 
 dered the money, but purchased a cargo on credit. 
 A nepliew of the Spanish seller of the wine accom- 
 panied young Lynch on his i-eturn vo3''age, for the 
 purpose of receiving pay for the wine on reaching Ire- 
 land. To hide his defalcation, before reaching home 
 Lynch threw the Spaniard overboard. In time in- 
 formation of the son's crime reached the father's 
 eai The young man was tried and condemned, the 
 fat' er being judge. The family interfered to prevent 
 the execution; but the father, lest the ends of justice 
 sho. d be defeated, with his own hands hanged him 
 fron a window overlooking the street. Hence, as 
 some say, the term lynch-law. Others refer the honor 
 to tl 3 founder of Lynchburg, Virginia; yet others to 
 a Virginia farmer, named Lynch, who once whipped 
 a thief instead of delivering him to the sheriff. In 
 1687 one Judge Lynch, to suppress piracy which was 
 
THE TERM LYNCH LAW. 7 
 
 ininiiiGf coinmorco in Aiuerican waters, is said to havo 
 cxrcutcd justice suininarily, resj^anlless of forms of 
 law. Another aceount makes Joh i Lyneli, a nativt^ 
 of South Carohna, the judge. This man followed 
 Daniel Boone to Kentucky, where he was chosen 
 chief of twelve jurors to try causes infoi-mally. 
 Which, if any, of these accounts is correct is a 
 matter of small moment. What we are to undei'stand 
 at present hv the term is what chieily concerns us. 
 When the Piedmont country of Virginia was the 
 l)ackwoods of America, without law, summary excfcu- 
 tions were common; and the accident which applied the 
 term Lynch to illegal executions will never positively 
 ]j(i known, 'w hatever else it was, in its original use it 
 was not a term of reproach, but a mark of the high 
 character and moral integrity of the people. 
 
 It was on the western frontier of the United States, 
 and during the last half century, that the popular 
 tribunal in its broadest proportions was reached. All 
 that time and before it, beginning just back of the 
 English plantations, this frontier had been shifting, 
 extending farther and farther to the westward, until 
 the valley of the Mississippi was reached. Upon this 
 I (order, as upon the edge of mighty fermentations, 
 accumulated the scum of the commr -^ ealth. The 
 si)irit of evil was ever strong, and government was 
 ^\•oak. Societ}' there was low and brutal, and the 
 lyucliers were not always much better than the 
 lynched. After Missouri and Arkansas for a time 
 hiul constituted the frontier, a leap was made by 
 Mar niid western progress to California, and the pop- 
 ular tribunal, seemingly • purified by the passage, 
 settled upon the newly found gold-fields. Here, 
 at the Ultima Thule of western migration, the in- 
 stitution found itself in an element totally different 
 from any it had ever before enjoyed. The people 
 were active and able; many of them were educated 
 and intelligent; most of them were honest. But there 
 
I'- 
 
 ll ' 
 
 ! 
 
 I 
 
 8 ABERRATIONS OF JUSTICE. 
 
 were some rogues present, else enginery for pun- 
 ishment had never been required. It was then that 
 the popular tribunal assumed respectability and took 
 a new name. The somewhat besmeared terms mob- 
 law, lynch-law, and the like, were discarded, and the 
 more pleasing titles of Regulators, Committee of 
 Safety, and Committee of Vigilance were adopted. 
 
 In Nevada, Utah, Montana, and Idaho, in all fron- 
 tier settlements, before the machinery of territorial 
 legislatures and law courts was in working order, be- 
 fore laws were framed or executed, a tribunal formed 
 of citizens was found necessary to prevent wholesale 
 robbery and murder. Order-loving men, as were they 
 who composed these tribunals, were backward enough 
 in assu . jng the unwelcome duties, usually taking no 
 steps to organize until after a score or two of mur- 
 derers had escaped punishment. Each new western 
 state, as it began to be settled, attracted thither vil- 
 lains of every dye, who kept the community in con- 
 stant fear until it purged itself by the swift and sure 
 executions of mobocracy or vigilance committees. 
 
 What then has the popular tribunal here become? 
 What is a vigilance committee, and what mobocracy ? 
 The terms vigilance committee, mob-law, lynch-law, 
 are not, as many suppose, S3aionymous. In some re- 
 spects they are diametrically opposed in principle and 
 in purpose. The vigilance conmiittee is not a mob; 
 it is to .0 mob as revolution is to i-ebellion, the name 
 being somewhat according to its strength. Neither 
 is a tumultuous rabble a vigilance committee. In- 
 deed, prominent among its other functions is that of" 
 holding brute force and vulgar sentiment in wholesome 
 fear. The vigilance committee will itself break the 
 law, but it does not allow others to do so. It has the 
 higliest respect for law, and would be friendly with the 
 law, notwithstanding the law is sometimes disposed to 
 l)e ill-natured; yet it has a higher respect for itself 
 than for ill-administered law. Often it has assisted 
 
 lis 
 
VIGILANCE COMMITTEES AND MOBOCRACY. 9 
 
 officers of the law in catching offenders, and has even 
 gone so far as to hand insignificant and filthy crimi- 
 nals over to courts of justice for trial rather than soil 
 its lingers with them. 
 
 The doctrine of Vigilance, if I may so call the 
 idea or principle embodied in the term vigilance com- 
 mittee, is that the people, or a majority of them, 
 possess the right, nay, that it is their bounden duty, 
 to hold perpetual vigil in all matters relating to their 
 governance, to guard their laws with circumspection, 
 and sleeplessly to watch their servants chosen to exe- 
 cute them. Yet more is implied. Possessing this right, 
 and acknowledging the obligation, it is their further 
 right and duty, whenever they see misbehavior- on 
 the part of their servants, whenever they sec the 
 laws which they have made trampled upon, distorted, 
 or prostituted, to rise in their sovereign privilege and 
 remove such unfaithful servants, lawfully if possible, 
 arbitrarily if necessary. The law must govern, ab- 
 solutely, eternally, say the men of vigilance. Suffer 
 inconvenience, injustice if need be, rather than at 
 teni])t illegal reform. Every right-minded man 
 recognizes the necessity of good conduct in human 
 associations, to secure which experience teaches that 
 rule is essci>tial. In a free republican form of gov- 
 ciument every citizen contributes to the making ol 
 the laws, and is interested in seeing them executed and 
 obeyed. The good citizen, above all others, insists 
 tliiit the law oi the land shall Ije roi^arded. But to 
 havi! law, statutes must bo enacted by the people; gov- 
 I'liiiiicuts must be administered by representatives of 
 the people; officials, to be officials, must be chosen by 
 th(j ]»oople. Lav; is the voice of tlie ])eople. Now it 
 is not tlic voice of the people tliat vigilance would dis- 
 regard, ))ut the voice of corrupt officials and bad men. 
 Law is the will of the connnunity as a whole; it is 
 therefore omnipotent. When law is not omnipotent, 
 it is nothing. This is why, when law fails— that is to 
 say, when a power rises in society antagonistic at once 
 
10 
 
 ABERRATIONS OF JUSTICE. 
 
 to statutory law and to the will of the people — the 
 people must crush the enemy of their law or be 
 crushed by it. A true vigilance committee is this 
 expression of power on the part of the people in the 
 absence or impotence of law. Omnipotence in rule 
 l)cing necessary, and law failing to be omnipotent, the 
 element here denominated vigilance becomes omnipo- 
 tent, not as a usurper, but as a friend in an emergency. 
 Vigilance recognizes fully the supremacy of law, flics 
 to its rescue when beaten down by its natural enemy, 
 crime, and lifts it up, that it may always be supreme; 
 and if the law must be broken to save the state, 
 then it breaks it soberly, conscientiously, and under 
 the formulas of law, not in a feeling of revenge, or 
 in a manner usual to the disorderly rabble. 
 
 Surely vigilance has no desire to liamper legislation, 
 to interfere with the machinery of courts, to meddle 
 in politics, to alter or overthrow the constitution, or 
 to usurp supreme authority. Its issue is with the 
 mal-administration of government, rather than witli 
 government itself Its object is to assist the law, to 
 see the lav/ righteously executed, to prevent perver- 
 sion of the law, to defeat prostitution of the law, and 
 not to subvert or debase the law. And to accomplish 
 its purpose, it claims the riglit to resort to unlawful 
 means, if necessary. Therefore it is easy to see that 
 the vigilance principle does not spring from disrespect 
 for law. Wherever law has been properly executed 
 there never yet was a vigilance committee. The 
 existence of a vigilance organization is a priori proof 
 of the absence of good government. No well-bal- 
 anced, impartial mind will condemn the existence of a 
 vigilance committee in the absence of properly exe- 
 cuted law; no rifjht-thinkinfj man will for a moment 
 countenance a vigilance organization, could such a 
 thing be, in the presence of good laws, well executed. 
 
 Thus defined, the principle of vigilance takes its 
 ))laoe above formulated law, which is its creature, and 
 is directly antagonistic to the mobile spirit which 
 
THE PRINCIPLE OF VIGILANCE. 
 
 11 
 
 )ple — the 
 \v or be 
 ',e is this 
 pie in the 
 e in rule 
 otent, the 
 3 omnipo- 
 nergency. 
 ' law, ilics 
 ■al enemy, 
 supreme ; 
 the state, 
 md under 
 evenge, or 
 
 cgislation, 
 to meddle 
 itution, or 
 ; with the 
 than with 
 :he law, to 
 snt pervcr- 
 le law, and 
 accomplish 
 ,0 unlawful 
 to see that 
 
 I disrespect 
 y executed 
 ttee. Thf) 
 riori proof 
 o well-bal- 
 istence of a 
 iperly exe- 
 
 a moment 
 aid such a 
 
 II executed, 
 e takes its 
 ■oature, and 
 pirit which 
 
 
 springs from passion and contemptuously regards all 
 law save the law of revenge. While claiming the full 
 right of revolution, it does not choose to use it, be- 
 cause it is satisfied with the existing forms of govern 
 ment. I do not like the term impermm in imperio, so 
 often applied to it. Vigilance is the guardian of the 
 government, rather than a government within a gov- 
 ernment. This, then, is vigilance; the exercise in- 
 formally of their rightful power by a people wholly 
 in sympathy with existing forms of law. It is the 
 same inexorable necessity of nature which civilization 
 formulates in statutes, codes, and constitutions under 
 the terms law and government, but acting unrestrict- 
 edly, absolute will being its only rule. The right is 
 claimed by virtue of sovereignty alone. Under nature 
 man is his own master. As God cannot make a being 
 superior to himself, so society cannot establish rules 
 for its convenience which the central power or ma- 
 jority of the people have not the right at any tim(3 
 or in any manner they see fit to disregard or annul. 
 
 Moreover, between the terms mob-violence or lyncli- 
 law and visrilance committees there is this further dis- 
 tinction: they are often one in appearance, thougli 
 never one in principle. Often the same necessities that 
 call forth one bring out the other ; though in execu- 
 tion one is as the keen knife in the hands of a skilful 
 surgeon, removing the putrefaction with the least pos- 
 sil)le injury to the body politic, the other the blunt 
 instrument of dull wits, producing frequent defeat and 
 disaster. The mobile spirit is displayed no more in a 
 i'es})octablc and well-organized committee of vigilance 
 than in a court of justice. There is no more resent- 
 ment, no more furious desire to destroy a hated object 
 in the one than in the other. Scrutinize as you will 
 the character and conduct of the higher of these tri- 
 bunals, and you fail to discover any of the elements 
 of an uncontrolled mob. Time enough they take for 
 elil)eration, tune enough for conscience and duty to 
 be fully heard; then, with the sacred })rinciples of truth 
 
12 
 
 ABERRATIONS OF JUSTICE. 
 
 
 ? 
 
 [ 
 
 i! ■■ 
 
 and justice before them, feeling that the eye of their 
 maker and of all mankind is upon them, their minds 
 oiade up, they act with cool, determinate courage. 
 
 Again, although vigilance and mobocracy have in 
 principle little in common, they are sometimes found 
 assuming much the same attitude toward law and 
 toward society. Both set up their will in opposition 
 to legally constituted authorities ; both break the law, 
 bid defiance to the law, and if it still stand in their 
 way, snap their fingers in the face of law. The ob- 
 ject of their members in associating is that they may 
 be stronger than the officers of the law; in the eyes 
 of the law both are equally criminal, both are banded 
 brawlers, murderers, traitors. Both tyrannize tyranny, 
 rule their rulers, and become a law unto themselves. 
 Yet tliere are these further differences between them : 
 (3ne aims to assist a weak entrammelled government, 
 whose officers cannot or will not execute the law; thi' 
 other breaks the law usually for evil purpose. One is 
 based upon principle, and the other upon passion. One 
 will not act in the heat of excitement; the other tlir<)\\s 
 deliberation ti:) the wind. One is an orsjanization offi- 
 cered by its most efficient members, aiming at public 
 woll-beini^, and actinc: under fixed rules of its own 
 making; the other is an unorganized rabble, acting 
 under momentary delirium, the tool, it may be, of 
 j)olitical demagogues, tlie victim of its own intemper- 
 ance. Underlying the actions of the one is justici;; 
 of the other revenge. This constitutes tlie difference, 
 and by this standard we may distinguish one from tlie 
 other; wherever we find a bodv of armed memlx)i-s 
 of the connnunity acting contrary to law or in opposi- 
 tion to officers of tlie law, be it composed of the best 
 citizens or the worst, be its existence a necessity, its 
 acts productive of social well-being, or otherwise, if it 
 is an organized band, acting under fixed rules, acting 
 with coolness and deliberation, with good intentions, 
 determined to promote rather than to defeat the 
 ends of justice, such a body is what upon the Pacific 
 
 1 
 
 I?- 
 
 Uk 
 
THE EVILS OF MOB LAW 
 
 1^ 
 
 y^e of their 
 leir minds 
 3urage. 
 y have in 
 mcs found 
 I law and 
 opposition 
 \k the law, 
 id in their 
 The ob- 
 : they may 
 n the eyes 
 ire banded ' 
 ie tyranny, 
 licmsclves. 
 t^een them : 
 3vernment, 
 le law; tlu' 
 se. One is 
 ^sion. One 
 [her throws 
 zation ofti- 
 at public 
 )f its own 
 ble, actinin' 
 lav be, ot" 
 intem})er- 
 is justice; 
 difference, 
 e from tlie 
 memliei's 
 in opposi- 
 f the best 
 cessity, its 
 rwise, if it 
 es, acting 
 ntentions, 
 lefeat the 
 he Pacific 
 
 Coast has become to be known as a Committee of 
 Vio-ilance. Though it may have tiie same object in 
 view, and though it may accomplish the same results, 
 if the body or association be not organized or offi- 
 cered, if it be without constitution, by-laws, rule, or 
 regvdation, acting under momentary excitement or in 
 the heat of passion, careless of the administration of 
 justice, swayed only by resentment, intent on making 
 a (lis)ilay, infuriate, unreasonable, vengeful, it is a 
 mob, though composed of doctors of divinity. 
 
 It was interesting to note when President Garfield 
 was assassinated how many staid, respectable citizens, 
 how many officers of the government, how many 
 women and clergymen, were in favor of taking Guiteau 
 from prison and tearing him in pieces. That was the 
 spirit of mobocracy, a spirit which the true vigilance 
 committee frowns on and is the first to put down. 
 
 Thus we see that in this display of the arbitrary ad- 
 ministration of justice, where some indeed may think 
 they perceive the morto 2>opolarmente of Machiavelli, 
 there are many aspects, not all alike commendable 
 or condemnable. In its highest and most perfect 
 state, its object is to preserve the sanctity of morals, 
 and to vindicate the supremacy of law by the over- 
 throw of lawless law-makers and legally appointed 
 official swindlers, together with the just punishment, 
 after dispassionate examination, of felons who were 
 shielded rather than jiunished by the subverting and 
 inefficient execution of the law. From this higli moral 
 standpoint the modern popular tribunal descends 
 in its severalities through every grade of mingled 
 equity and imposition, until in its consequences it 
 sometimes sinks into the fostering and extenuating of 
 mob-violence, the prostituting of public morals, dis- 
 respect for statutory law and stable forms of gov- 
 ernment, into popular rather than just prosecutions, 
 informal and unfair convictions, barbarous butcheries 
 and public assassinations, and an ever increasing 
 thirst for the blood of victims — in a word, into tho 
 
u 
 
 ABERRATIOXS OF JUSTICE. 
 
 lowest forms of mobocracy. Such are some of the 
 differences between ii telligent and high-minded vigi- 
 lance organizations, whose acts have been carefully 
 considered and conscientiously performed, and the 
 blood-drunken orgies of frontier lynch-law executions. 
 
 The Englishman Wyse, writing of America in 
 1 84G, failed to discover in the highest and purest pop- 
 ular tribunal aught else than the preposterous claim 
 of the low, ignorant, and irresponsible rabble to the 
 control of the government. This is scarcely to be 
 wondered at when we see how easily even error and 
 injustice become things too sacred to be tampered 
 with when enshrined in law. There are few instances 
 in Amer'ca where a mob has sought to usurp the go\- 
 ernment. 
 
 ivir Wyse does not state the case fa'"ly. A mol) 
 composed of a majority of the people, as he puts it, 
 is not a mob. I say, a majority of the respectable, 
 intelligent, order-loving, and law-making portion of 
 the people is not the mobile vulgus, or movable com- 
 mon people, by which name from time immemorial a 
 disorderly crowd convened for riotous purpose has 
 been known. Nor did I ever hear of a riotous major- 
 ity of any people claiming the right to overthrow their 
 own laws for evil purpose, and wage illegal waifare 
 against themselves and to their own destruction. 
 Mobs are not composed of individuals calmly asso- 
 ciating foi' the purpose of self-sacrifice for the benefit 
 of the. community, but rather for those who would 
 sacrifice the cormiunity for self. Government under 
 the banners of liberty and progress is as strong as 
 the people constituting it, and never by any possi- 
 bility can it be stronger until the people go back to 
 their ancient superstition. The government of the 
 United States, in its fundamental principles, Mr 
 Wyse calls weak, because founded on the vacil- 
 lating will of the people. This is fallacy. Only the 
 strong and intelligent can live together under a 
 so-called weak government. In becoming strong and 
 
LAW REFORM NECESSARY. 
 
 15 
 
 me of the 
 
 nded vigi- 
 
 i carefully 
 
 and the 
 
 xecutions. 
 
 merica in 
 
 urest pop- 
 
 'ous claim 
 
 ble to the 
 
 ;ely to be 
 
 error and 
 
 tampered 
 
 instances 
 
 ) the gov- 
 
 A mol> 
 e puts it, 
 spectable, 
 )ortion of 
 able com- 
 emorial a 
 pose has 
 us major- 
 row their 
 1 waifaro 
 truction. 
 nly asso- 
 e benefit 
 10 would 
 nt undei- 
 trong as 
 ly possi- 
 back to 
 t of the 
 ►les, Mr 
 le vacil- 
 3nly the 
 under a 
 ong and 
 
 I 
 
 ^* 
 
 m 
 
 intelligent, men invariably emancipate themselves 
 from the tyrannies of form. I fail to perceive how a 
 government, whose principles are deep-rooted in the 
 hearts of strong men, can be inherently weaker than 
 one overawed by ancient superstitions. The mobs 
 and riots of old countries are usually for the attain- 
 ment of some real or imaginary right denied the 
 people by their rulers; those of new communities 
 spring mainly from the failure of rulers to execute 
 tlie laws. Particularly has this been the case on 
 the frontier of the United States, although wran- 
 glings over African slavery and free-love religion 
 have sometimes been attended by riotous demonstra- 
 tions. As a rule, however, the people of the great 
 republic are and have been satisfied with their laws, 
 and only wish to see them properly enforced. After 
 a senseless tirade against the United States, "in 
 wliose social and political system were deep-seated 
 and early sown the seeds of angry discord, of turbu- 
 lence and crime," Mr Wyse admits "that there may 
 be some excuse, in the absence of law, for men to adopt 
 some rule for their own preservation," which is all the 
 right ever claimed by our system of vigilance. And 
 these of our own people who cry against vigilance 
 oonimittees and call them mobs, their members rioters 
 and insurrectionists, their acts rabble justice, and their 
 executions murder, were it not better they should 
 tiini their attention to the root of the matter and rec- 
 ti ty the necessity that engenders them? Strip from 
 law its trammels, its hypocrisy, humbug, and technical 
 (;liicauery, and mete the evil-doer quick and certain 
 punishment, and the sombre shadow of vigilance will 
 no move darken our portals. It is a standing reproach, 
 both to tlic intelligence and to the integrity of our law- 
 makers and our law-ministers, that a moneyed criminal, 
 by extra-judicial strategy on the part of hired advo- 
 cates, and a species of legal legerdemain, can so suc- 
 cessfully thwart justice and escape punishment. 
 Before there can be any step taken toward moral 
 

 1ft 
 
 ABERRATIONS OF JUSTICE. 
 
 reform, the moral sense of the community must be 
 awakened. Seldom is the moral sense raised against 
 
 • • • 
 
 a bad man, even, until he commits some crime such as 
 the law takes cognizance of and openly jioints out as 
 bad. To detect crime without the aid of laAv must 
 be yet more difficult. What shall we say then, what 
 must be the state of things, the provocation, when in 
 a community of law-loving men not given to j^rudisJi- 
 ness in morals, not given to jealousy of their lulers, 
 dormant moral sense is so roused as to single out crime, 
 and to seize and strangle it despite of awe-inspiring 
 law, and in direct antagonism to officers of the law? 
 Here we see law restraining law-makers in their vir- 
 tuous eftbrts and shielding the lawless. This inter- 
 ference of government in personal affairs, protecting 
 a man against himself while failing to protect liim 
 against others, is one of the anomalies of our political 
 system. 
 
 It is to the San Francisco Vigilance Committee of 
 185G, as distinguished from any other popular up- 
 rising in California or elsewhere, that the principle of 
 vigilance owes its incarnation and recognition; for it 
 is a recognized principle on these Pacific shores, if 
 nowhere else ; it is here a common law of the land. Its 
 existence as a principle is due to that occasion, though 
 its origin was elsewhere, because the leaders of that 
 movement first raised it to and recognised it as a prin- 
 ci})le. Law-breakers and law-exterminators there have 
 been many; but never before in the history of human 
 progress liave we seen, under a popular form of gov- 
 ernment, a city-full rise as one man, summoned by 
 almighty conscience, attend at the bedside of sick law 
 as J laving a right there, and perform a speedy and 
 almost bloodless cure, despite the struggles of the 
 exasperated patient. 
 
 There have not been wanting those of extreme 
 views to come forward and claim, even, that to this 
 movement of 185G jurisprudence owes a new principle, 
 morality a new standard, and mind a new departure. 
 
must be 
 1 against 
 such as 
 ;s out as 
 a.w must 
 en, what 
 when in 
 ]>fudish- 
 ir rulers, 
 ut crime, 
 inspiring 
 the law^ 
 :heir vir- 
 us inter- 
 rotecting 
 tect liim 
 poHtical 
 
 iiittee of 
 
 ular up- 
 
 nciple of 
 
 n; for it 
 
 lores, if 
 
 md. Its 
 
 though 
 
 of that 
 
 ls a prin- 
 
 ere have 
 
 human 
 
 of ijrov- 
 
 oned by 
 
 sick law 
 
 cdy and 
 
 of the 
 
 extreme 
 to this 
 rinciple, 
 parture. 
 
 IN THE SOUTHERN STATES. 17 
 
 If in the forces regulating human activities the move- 
 ment means anything, it points significantly to a nioral 
 and beneficial human power superior to the power form- 
 ulated and restricted by constitutions and statutes. 
 If the movement means anything, if it accomplished 
 anything, if its results remain to-day treasured in the 
 storehouse of valuable experiences, it points signifi- 
 cantly to a morality superior to that of fashion, and 
 to the freeing of mind from another of its fetters. In 
 social ethics room must be made for the principle of 
 vi^i-ilance, and governments must be taught to recog- 
 iiizo it. So some believe ; but it is the tendency of the 
 undisciplined mind to fall into excess. The principle 
 is always existent, in greater or less degree, in all \n'o- 
 gressive peoples; its presence here in higher and holier 
 ])roportions than ever elsewhere displayed is all we 
 can justly claim for it. 
 
 Memphis, Tennessee, with its men of mighty beards, 
 of cowhide boots and bowie-knives, was once famous 
 as a boat-landing where captains stopped to hang 
 offending travellers. In South Carolina many years 
 ago the colonists rose and drove out the unprincipled 
 Seth Sothel, who had misruled them for six years. 
 Texas had its Regulators and Moderators, corre- 
 sponding somewhat remotely to our Vigilance Com- 
 mittee, and Law and Order party, and in the country 
 adjacent to the Sabine River, between 1838 and 1841, 
 they often met in deadly encounter. Kangaroo courts 
 is a later name for the lynching tribunals of this 
 quarter, so designated from the attitude in which the 
 judges fling themselves upon the grass round the 
 culpi-it. 
 
 During the days of boat-and-mule transit crime was 
 prevalent on the Panamjl Isthmus. On the robbery 
 of a specie train, in September, 1851, the people of 
 Panamil declared strongly in fixvor of a vigilance 
 committee organization for the purpose of clearing 
 the Isthmus of highwaymen. 
 
 Pop. TniB., Vol. I. 2 
 
» 
 
 ABERRATIONS OF JUSTICE. 
 
 i 
 
 In the early days of June, 1858, a vigilance com- 
 mittee was organized in the city of New Orleans, a 
 disturbed and revolutionary condition of society, simi- 
 lar to that which prevailed in San Francisco in the 
 memorable era of 1856, seeming to render the move- 
 ment necessary. The municipal offices were in the 
 hands of corrupt and unscrupulous politicians, and 
 ruffians ruled the day. An allopathic dose of vigi- 
 lance was undoubtedly demanded by the exigency of 
 the case, and the citizens undertook to administer it 
 after the swift and bloody formula that had been 
 adopted by the young city at the Golden Gate. The 
 affair struck the citizens of so old a society as New Or- 
 leans with alarm, and for a time excitement ran high. 
 After some manoeuvring the mayor surrendered con- 
 trol of affairs into the hands of the committee, but for 
 some reason the organization failed to work any material 
 good to the community. The movement was charged 
 upon the American party as a political stratagem — at 
 any rate, after a few days of feverish uncertainty the 
 committee disbanded without having performed any 
 labor further than forcing the mayor to swear in the 
 members of the committee as an extra police force. The 
 city election transpired on the 7th of June, and the 
 result did not seem to indicate that the Vigilants, as 
 I shall take the liberty of calling the men of vigilance, 
 were sustained by the people. 
 
 The Spaniards in Mexico knew little of popular tri- 
 bunals, breaking the law for their own benefit almost 
 at pleasure in early times, and later plotting the 
 downfall of the existing government rather than rally- 
 ing to its aid. British Columbia has witnessed few 
 unlawful demonstrations on the part of the people, 
 law always having been strong on the Fraser, and pun- 
 ishment sure. Other British colonies have not been 
 so fortunate. 
 
 Notwithstanding the well-organized colonial go\- 
 ernment existing previous to and at the time of the 
 discovery of gold in Australia, lynch-law was soon ram- 
 
VIGILANCE IN AUSTRALIA. 
 
 11) 
 
 pant in the Victoria gold-fields, which at first were 
 beyond the immediate influence of the government. 
 The same cau.scs led to the reign of terror there, as 
 Chief Justice A'Beckett called it, that are found in 
 most new settlements — laxity of law and inexorable 
 necessity. With uplifted hands and horror-stricken 
 visage, the English immigrant, having in reverence the 
 wigs and woolsacks of his native island, cries: "God 
 forbid that I should so profane the law." Yet when 
 his cabin is robbed, and there is no minister of justice 
 at hand, he soon learns to catch and hang a thief with 
 as hearty a good will as ever bushman struck boar. 
 
 A vigilance committee organized at Sydney, in 
 order to avoid the stigma attached to the term in 
 motlier countries, proposed to call the associati>^u 
 the Private Watch. This euphemism, adopted for 
 the benefit of sensitive conservatives, did not mei;t 
 the approval of the community. Here is what the 
 Peoples Advocate of New South Wales says of it, 
 February 19, 1853: 
 
 Don ram- 
 
 " Wo would recommcud the good-hearted fellows who are starting this 
 movement to take the name which has already acquired for its cfEcicncy !i 
 world-wide celebrity ; ii name which lias thoroughly purged a great country 
 of its imported vagabonds, and struck terror into the hearts of ruffians who 
 liad braved the tyrainiy of penal settlements and every punishnieut which the 
 law could suggest. There is a meanuig attached to the name of the vigilauci- 
 committee which will carry some weight with it when the Private Watcli 
 would be looked upon with contemptuous, ridicule. It is unnecessary to remind 
 people of the origin of the vigilance committee ; the whole world knows it, l)ut 
 of its ellects few people are fully aware who have not been in California. Botli 
 before its appointment and after its suspension midnight murderers paraded 
 the streets iu defiance of the law. Fire-raising was held to be an almost un- 
 punisliablo offence, because of the difficulty of its detection and the wcakiu'ss 
 of the ann of constituted authority. It was one of the subsidiary stratagems 
 of the Van Dieman's Land and Sydney thieves. Gambling-houses were kept 
 open at all hours of the night ; no hand was uplifted, no voice raised to smite 
 their iniquity. The foul toadstools were suffered, un trampled upon, to pollute 
 society with their pestilential presence, until they became not only hideous 
 deformities, whicli gambling-houses under any restriction must be, but until 
 their iniquity became so great that they were the avowed and recognized 
 harbors of refuge for murderers, robbers, thieves, and every vicious wretch 
 who chose to avail himself of their sanctuary. Constables were defied ; every 
 
80 
 
 ABERRATIONS OF JUSTICK. 
 
 attcnii)t to supprcsa tho common villainy by ordinary means failed. Ncces- 
 aity for mutual protection had at length rccuurso to tho memorable expedient 
 of appointing among themsclvea a committee of the citizens to detect and 
 punish crime ; and these men, taking to tliemselvca tho memorable name of 
 vigilance committee, almost instantaneously cnislied tho atrocious hydra. 
 Tl\c very name of that committee terrified tho ruffians who previously 
 triumphed over society. Their haunts wer*? broken up, their infamous organi- 
 zation was prostrated, and peace at once restored by tho expulsion of tliu 
 scoundrels who an: now in Sydney, and agauiat whom we arc culled upon to 
 act. Robberies of the person are becoming frightfully prevalent, and detec- 
 tion extremely rare; life and property are without protection of any kind, 
 and tlio whole city is at tho mercy of numerous bands of experienced thieves 
 and cutthroats. Under such a fearful state of disorder, it behooves tho citi- 
 zens to bestir themselves ; for if they do not protect themselves, tliero appears 
 to bo no disposition on tho part of tho Executive to do anything in their 
 behalf. It boa therefore become imperative on the inhabitants to organize a 
 vigilance committee for the city. Small bands of volunteers, armed witii 
 revolvers, will purge Sydney of her miscreants. Wo have no hesitation in 
 saying that within a month every villain now at large would be lodged in 
 gaol, or otherwise disposed of so as to be no longer an object of fear or a 
 source of alarm. A vigilance committee for Sydney will be not only necos- 
 sary, bat e£fectual, and its very name will strike where its arm cannot reach." 
 
 Thus in new and intelligent communities, whence- 
 soever their origin and wheresoever situated, we see 
 appearing, as it is needed, this principle of Vigilance, 
 which like a benignant deity delivers its votaries from 
 evil and destruction. 
 
CHAPTER II. 
 
 POPULAR TRIBT7NALS AND POPULAR GOVERNMENT. 
 
 VigiLmtibus, non dormientibus, servit lex. 
 
 Op all the classical abnormities that characterized 
 the gold-gathering age of California, popular tribu- 
 nals \ '^cre the most startling. As long as the aberra- 
 tions of society were confined to individual members, 
 or appeared only in business, religious, or domestic 
 affairs; as long as causations were easily traced and 
 results tacitly accepted, social and commercial irregu- 
 larities, such as undue dissipation, suicide, fires and 
 failures, speculation, gambling, and gold-digging, soon 
 l)ecamo to be regarded as part of the new economy 
 incident to the new life and its strange environment. 
 Even a murder, now and then, or in the mines a hang- 
 ing scrape, was not an object of alarm. Every man 
 carried a pistol; whiskey was fiery; shooting was easy; 
 and it was no wonder that now and then a man was 
 hurt. 
 
 But when crime assumed giant proportions, over- 
 shadowing commerce, intercourse, and industry, and 
 when the whole community rose as one man to put 
 it down, the attitude of affairs &eemed somewhat 
 alannint;'. What was it, this mighty power so sud- 
 denly ap|joaring at this juncture? In our indifference 
 to tradition, and our wanderings from ancient ways, 
 we had cut loose from many of the fashions and for- 
 malities which we had been taught were essential to 
 safety. But here was something that seemed to 
 strike at the very foundation of our social structure, 
 
 (21) 
 
M 
 
 22 POPULAR GOVERNMENT. 
 
 and which mast shiver the fair proportions of that 
 free government which all along the centuries man- 
 kind had been chiselling into form and comeliness. 
 Were we prepared to try anarchical experiments, to 
 throw our young communities into a state of social 
 chaos, and abide the result? Might not so sweeping a 
 principle bring perdition? 
 
 Many thought of these things who never thought 
 before. Many asked for the first time : What is law, 
 what government? Are our forms, our constitutions, 
 our statute-books, and our tribunals, however en- 
 tangled they may become, are they too sacred for pop- 
 ular touch? Or if, through our own folly or neglect, 
 the administration of laws, with the construction and 
 intention of which we are content, falls on incapable, 
 unjust, or iniquitous men; and if these men, for their 
 further enrichment or advancement, weave round 
 themselves such a web of legal technicalities and 
 statutory subtleties as with perjuries, ballot-box stuff- 
 ings, and assistant hirelings to secure them in their 
 positions, must good citizens forever refrain from lay- 
 ing hands on these Lord's Anointed ? 
 
 There are men high in intellect and education, who 
 hold that a law once formally made by the people, can- 
 not rightly be altered or disregarded by the people 
 except through legislative process. In the law itself, 
 and in the creating of it, tlicy say, is the tacit agreement 
 of the people that they will not override or overrule 
 it but by formulas similar to those that brought it 
 into force. They make a law for the punishment of 
 those who break a law. All must abide by the com- 
 pact, no matter what the injustice or emergency. 
 It were sacrilege otherwise. And yet these same 
 persons will tell you that the people are supreme. 
 
 Now if the people are supreme, they cannot cre- 
 ate a power superior to thomselvcs and still remain 
 supreme. They cannot bind themselves to one an- 
 other in fetters so strong that all together, or the 
 
THE JURIST AND THE DIVINE. 
 
 23 
 
 ruling majority, cannot instantly break them. If the 
 Almighty establishes an edict or enters into a com- 
 pact which he cannot immediately annul, he is no longer 
 almighty. It may be righteousness that rules him, 
 but he is ruled. However this may be, all the su- 
 preme powers we are cognizant of make and break 
 at pleasure. 
 
 Ask a jurist if it be right ever under any circum- 
 stances to break a law, and turning from his book he 
 will answer you, " I find it nowhere so written." Ask 
 him if statutes and constitutions are superior to nature 
 and necessity, and the reply is, " The law of the land 
 shall stand forever, or until it be legally annulled or 
 changed ; else there is no security, no safety, nor hap- 
 pini«s or progress; else all is confusion, chaos, a whirl 
 of anarchy and annihilation. Atoms cannot hold to- 
 gether without law; no more can individuals." With 
 lieart and mind still unsatisfied, in your conscientious 
 distress to know the truth, go to the divine, to him 
 who represents the power behind human forms, and 
 ]>ut the question; and he reads you likewise from his 
 hook, " Be subject unto the higher powers ; the powers 
 that be are ordained of God." Ask him if the powers 
 for evil are ordained of God, and he stands before you 
 <Uniib with indignant astonishment at your unhallowed 
 impudence. Now v/e 'iio people, who are neither 
 .juiist nor divine, avo world say that if Ned McGowan, 
 Murray, Terry, and others v/itli whom in due time I 
 will make the reader acquainted, were ministers of 
 justice orda'ned of God, then God ordained some very 
 l)ad men judges in California, and happily he ordained 
 a ])eoplc to rise and drive them out. " I know of no 
 higher power than the constitution of my country," 
 exr\ IS John B. Weller in a burst of anti-vigilauco 
 patriotism — which was unfortunate for Mr Wclior. 
 The constitution is a very good thing, an implement 
 by wliich to regulate delegated social force, for which 
 I entertain profound respect, and before \\1 ich I am 
 
\ 
 
 m 
 
 POPULAll GOVERNMENT. 
 
 prepared to bow in company with all good men who 
 thus recognize the necessity of yielding some portion 
 of their individual will for the benefit of the whole. 
 I respect likewise the steam-engine that carries mo 
 ten miles more quickly than I can walk one. That 
 the people can create a power higher than themselves 
 is a palpable absurdity, which it is idle to discuss. 
 
 Ask a jurist his opinion of vigilance committees, of 
 the morality of such movements, more particularly 
 of the San Francisco Vigilance Committee of 1856, 
 that being the representative organization of popular 
 tribunals in the Pacific States and the only one 
 of which there is much general knowledge, and the 
 answer will be: "Had the people been as ready to 
 assist the law as they were to disregard it, there would 
 have been no necessity for a committee of vigilance." 
 Ask him if, with venal judges, knavish custodians of 
 public prisons, and an atmosphere rank with political 
 corruption pervading courts of justice, it were possible 
 for the people to assist law to the successful punisli- 
 ment of crime, and the answer will be: "Had they done 
 their duty at primaries, at the polls, as jui'or.s, as citizens 
 of the commonwealth, there would have been no cor- 
 rupt officials or foul political airs." Press him further, 
 and ask if, with shoulder-strikers reigning in every 
 ward, with ballot-box stuffers ruling elections, with 
 professionals as jurors, witnesses, and bondsmen, and 
 ma<jcistrates who feared the roiinfhs far more than God 
 or good men, it were possible for the people to do fair 
 duty as citizens, and the answer will be: " It was their 
 own fault, and by reason of their neglect of duty alone 
 that all these evils had come upon them." Pump until 
 doomsday and this is all we shall get from the deep- 
 est wells of leti'al or religious lore. 
 
 A century or two ago and this would have been 
 sufficient, but it is not so now. We cannot but feel, 
 though in the presence of august book-magnates who 
 have garnered the experience of the ages, and upon 
 whom has fallen the spirit of omnipotent intelligeni'o, 
 
 
THE PEOPLE AT FAULT. 
 
 25 
 
 nen who 
 ; portion 
 le whole, 
 brries me 
 e. That 
 emselves 
 cuss, 
 ittees, of 
 rticularly 
 of 1856, 
 f popular 
 only one 
 , and the 
 ready to 
 ere would 
 igilance." 
 ;odians of 
 
 I political 
 ■e possible 
 d punisli- 
 they done 
 IS citizens 
 
 n no cor- 
 
 II further, 
 
 in every 
 
 ons, with 
 
 men, au<l 
 
 han God 
 
 to do fair 
 was their 
 uty alone 
 Limp until 
 ;he deep- 
 
 ave been 
 but feel, 
 ates who 
 md upon 
 elligeii'v, 
 
 -A— 
 
 that we mean one thing while they refer to another. 
 We cannot but feel that these our teachers are either 
 stupidly or wilfully olind; that either they will not 
 see the new light which renders transparent the old 
 tricks of bigotry, or, beholding, they can only stop and 
 stutter. Instead of answering they evade the ques- 
 tion, just as in the practice of their profession they 
 too often feel in duty bound to prefer jugglery before 
 justice. 
 
 The time has come when the instructors of pro- 
 gressive peoples must fortify their time-honored posi- 
 tions or abandon them. Thoughtful men are no longer 
 satisfied with artificial enlargements, thick-soled shoes, 
 and cunningly contrived masks, such as the Greek 
 actors employed in increasing their stature and the 
 volume of their voice. 
 
 The gods themselves once so complained. When 
 ancient rationalists first questioned the existence of 
 the Olympian deities, Jupiter was in heroics; heaven 
 shook with his wrath. "Men are actually discussing," 
 he roared, "whether they shall hereafter worship at 
 all." "It is all your own fault!" exclaimed Momus, 
 the jester of the Olympian conclave; "the gods have 
 brouu^it the trouble on themselves throu<?h a negjlect 
 «if the;-' <!uties." And Momus is rioht. For a lyiiiu' 
 ])re:s-i, ior iniquitous politicians and an ignorant pulpit, 
 I' r «"lit: ;d>surdities of fashion and the injustice of 
 --tnciy, .0]' prostitutioL, for gambling, for thieving, 
 tor th k' uveries of the scheming capitalist, the 
 giiudiugs of monopolists, and the swindlings of corpo- 
 rations, the people have only themselves to blame, for 
 all those enormities spring from the people and exist 
 only on the sufferance of the people. And as he is 
 as lawless who disvegards law as he who overthrows it, 
 s(^ ho is as immoral who fails in his political duty as 
 ';. who breaks some social conventionality. It is a 
 J ' •'non and foolish fashion to denounce government 
 i'v) vils rooted in the people. 
 
 1 admit that the people of San Francisco did not 
 
m 
 
 POPULAR GOVERNMENT. 
 
 their whole duty as citizens; that, absorbed in their 
 money-gettings and careless of the city's future, they 
 avoided the polls and shirked public responsibility. 
 
 But this is not the question. Americans and 
 others, both before and since the time of which I 
 write, have been guilty of like neglect. Adulterated 
 as has been the stream of our progress by enfranchis- 
 ing low foreigners and white-washing ignorant Afri- 
 cans ; prostituted as are our politics by charlatans and 
 demago ^^p, both native and imported, the polls and 
 public dut er few attractions to one whose pride 
 is enlightent liberty alone, and who abhors villainy 
 even when found under the guise of patriotism. The 
 deep abasement of our once so highly prized preroga- 
 tives, however, offers no excuse for the neglect of 
 distasteful duty. That the wicked rule is reason all 
 the more that the righteous should rally. 
 
 Yet another cause existed of the indifference in 
 public affairs manifested by the people of San Fran- 
 cisco during the city's infancy, which was the feverish 
 and unstable character of the community. It is safe 
 to say that prior to 1855 one fourth of the resident 
 population of San Francisco changed every year ; and 
 that of those constitutinof the Vijjilance Committee 
 of 185G, not one in ten had belonged to the Com- 
 mittee of 1851. People were constantly coming and 
 going, settling and selling out. AH was confusion; 
 few thought of or cared for the welfare of the young 
 metropolis. Hence, if the way to determine the right 
 or wrong of the action of the people of San Francisco 
 who in 1856 organized themselves a popular tribunal 
 above and independent of law be in casting blame 
 on some one, on whom shall it rest? On those who 
 wintered there in 1853 or 1855, or on those who hap- 
 pened to be citizens in 185G? 
 
 Again, men will not display the same zeal and 
 activity in public as in private affairs, at least until 
 public affairs are conducted more as are private affairs. 
 They will not volunteer as readily and persevere as 
 
 71 
 
 I 
 
FALLACIOUS TEACHINGS. 
 
 27 
 
 in their 
 Lire, tliey 
 bility. 
 3ans and 
 which I 
 ulterated 
 ifranchis- 
 ant Afri- 
 itans and 
 polls and 
 ose pride 
 s villainy 
 im. The 
 
 preroga- 
 eijlect of 
 'eason all 
 
 3rence in 
 Ian Fran- 
 feverish 
 It is safe 
 resident 
 ear; and 
 )mmittee 
 le Com- 
 ning and 
 onfusion; 
 le young 
 the right 
 t^rancisco 
 tribunal 
 |ig blame 
 lose who 
 ivho hap- 
 
 zeal and 
 ast until 
 he affairs, 
 icvere as 
 
 faithfully when called to assist the authorities, as when 
 acting independently under their own organization. 
 We are all of us so constituted that in order to accom- 
 plish anything well there must be enthusiasm. This 
 absent, and man is but a machine, and a very poor 
 one. It was hardly to be expected that the workers 
 of San Francisco would leave with alacrity their 
 shops, their benches, their banks, and their counting- 
 houses to perform duties which they had already 
 paid public servants to do. More particularly would 
 this feeling prevai i :n the absence of confidence that, 
 when they had spent their time and money in the 
 public service, in hunting criminals and delivering 
 them to the authorities, speedy and impartial justice 
 would be meted. Action springs from anticipation 
 of success; enthusiasm languishes under repeated 
 disappointments. 
 
 But what kind of logic is this of our masters? 
 Whoever before thought of determining public policy 
 by flinging odium on generations gone by? For such 
 were the rapidly revolving years of this pregnant 
 epoch, each a generation, if counted by changes and 
 events. It is as if the shipwrecked mariner imploi'ing 
 assistance from the shore should be told : " Had you 
 not put to sea in a leaky vessel you would not now 
 need help;" or as if a physician called to administer 
 to a blek person should answer: "Had your grand- 
 laiher obeyed the laws of nature you would have no 
 need of medicine." The question was not what might 
 have been done under other circumstances, but what 
 should these citizens of San Francisco do now ; what 
 was right for them to do, who by reason of their own 
 fault, or the fault of those who had been citizens be- 
 fore them, had come to political grief, and now saw 
 crime grinning destruction upon them. 
 
 What says society in other exigencies where the 
 law is impotent or wilfully neglectful ? How stands 
 the matter in regard to the husband who slays the 
 destroyer of his wife's honor, or the father who kills 
 
28 
 
 POPULAR GOVERNMENT. 
 
 the betrayer of his child? They break the law; the 
 law frowns; but there is not a court in America that 
 will capitally convict them. They do murder; but no 
 jury will adjudge them to death, and no judge dare 
 do it. Acting as we do, we might as well look this 
 subject squarely in the face, and then acknowledge, 
 like men, that there is a power, omnipresent, behind 
 and above law, and of which legal forms are but the 
 imperfect expression. This does not degrade law, and 
 is no attempt to abrogate it. The law is the imple- 
 ment of the supreme power for the accomplishment 
 of a purpose. If it works well, it is for the benefit of 
 the people ; if ill, it must be repaired or thrown aside. 
 If this can be done formally, by edicts, legislative 
 enactments, sheriffs, judges, and the like, so much the 
 better; if not, then the ultimate power must do it in- 
 formally, and in its own way. It is perhaps too great 
 a strain on human nature to expect those who live 
 by the law to admit that under any circumstances 
 the law may rightly be broken. What do we say of 
 the man who makes his rule of conduct in life his 
 master and not his servant? That he is a stubborn 
 dolt. So we may likewise say of the people who 
 write their laws in ink so indelible that it is beyond 
 their power to erase them. They are the slaves of 
 their superstition, the idolaters of the calf which they 
 have made. 
 
 In all this I am far from advocating vigilance as a 
 substitute for law. Vigilance is the law's mentor as 
 well as the law's master. It does not wish to over- 
 throw the law, else it is not vigilance, but revolution. 
 To our learned friends upon the bench we might re- 
 verse their standing argument, and with ftir more 
 propriety and pertinency say, if law and government 
 were what they should be, there would never be a 
 vigilance committee. That we may need it no more 
 is the prayer of all good citizens. 
 
 There are others whose teachings are worthy our 
 attention. Saint Paul says: "We know that the 
 
SOME WORDS OF STRONG MEN. 
 
 29 
 
 le law; the 
 merica that 
 der; but no 
 judge dare 
 11 look this 
 knowledge, 
 3nt, behind 
 ire but the 
 de law, and 
 I the imple- 
 uplishment 
 e benefit of 
 rown aside. 
 
 legislative 
 o much the 
 ist do it in- 
 )S too groat 
 le who live 
 cumstances 
 ) we say of 
 
 in life Jiis 
 a stubborn 
 eople who 
 
 is beyond 
 
 slaves (if 
 
 which tliev 
 
 ilance as a 
 mentor as 
 ;h to over- 
 revolution, 
 might i-e- 
 far more 
 overnment 
 lever be a 
 t no more 
 
 v^orthy our 
 that the 
 
 law is good if a man use it lawfully." Plutarch 
 finds the truth in "following the most ancient law of 
 nature, which makes the weak obey the strong, begin- 
 ning with God and ending with the irrational part of 
 creation ; for these are taught by nature to use the ad- 
 vrtiitagfes which their strength gives them over the 
 weak." Blackstone teaches that "no human laws are 
 of any validity if contrary to the law of nature; and 
 sucli of them as are valid derive all their force and all 
 tlu'ir authority mediately or immediately from this 
 (iriginal." Even Machiavelli, prince of princes' ser- 
 vants, is not far behind the rest when he writes: 
 "Perche, cosi come gli buoni costumi, per mantenersi, 
 hanno bisogno delle leggi; cosi le leggi, per osservarsi, 
 hanno bisogno de' buoni costumi." And Favart 
 observes: "Tout citoyen est roi sous un roi citoyen." 
 But strongest of all from him best capable of telling 
 us the truth. "Let men learn that a legislature is not 
 our God upon earth," says Herbert Spencer, "though, 
 l^y the authority they ascribe to it, and the things they 
 expect from it, they would seem to think it is. Let 
 them learn rather that it is an institution servino- a 
 purely temporary purpose, whose power, when not 
 stolen, is at the best borrowed. . . . Nay, indeed, have 
 we not seen that government is essentially immoral? 
 Is it not the offspring of evil, bearing about it all the 
 marks of its parentage ? Does it not exist because crime 
 exists? Is it not strong, or as we say, despotic, when 
 crime is great? Is there not more liberty, that is, less 
 government, as crime diminishes? And must not gov- 
 ernment cease when crime ceases, for very lack of 
 ol)jects on which to perform its function? Not only 
 does magisterial power exist because of evil, but it 
 exists by evil. Violence is employed to maintain it; 
 and all violence involves criminality. Soldiers, police- 
 men, and gaolers; sv/ords, batons, and fetters, are in- 
 struments for inflicting pain; and all infliction of pain 
 is in the abstract wrong. The state employs evil 
 weapons to subjugate evil, and is alike contammated 
 
30 
 
 POPULAR GOVERNMENT. 
 
 by the objects with which it deals and the means by 
 which it works. MoraKty cannot recognize it; for 
 morahty, being simply a statement of the perfect 
 law, can give no countenance to anything growing 
 out of, and living by, breaches of that law." To 
 which Charles Nordhoff adds his weight in these per- 
 tinent words: "Back of all laws and all authority 
 must lie a belief that in the last resort every citizen 
 will defend his own rights. You cannot put a cor- 
 poral's guard at every man's door. The thief or 
 robber at bottom never fears the law and the govern- 
 ment nearly as much as he does the right arm and 
 courage of the man he seeks to injure." What says 
 the corner-stone of liberty, our own Declaration of 
 Independence? "To secure these rights, governments 
 are instituted among men, deriving their just powers 
 from the consent of the governed; that, whenever 
 any form of government becomes destructive of these 
 ends, it is the right of the people to alter or to 
 abolish it, and to institute a new government." 
 Likewise the preamble to the Massachusetts con- 
 stitution in 1780: "Whenever these great objects," 
 namely, liberty and the protection of the body politic 
 in its natural rights, "are not obtained, the people 
 have a right to alter the government, and to take 
 measures necessary for their safety, prosperity, and 
 happiness." So it is elsewhere fifty times maintained. 
 Indeed, it is not the right to alter, but the method of 
 doing it, that is questioned. 
 
 Let us take a look at this thing called law; not 
 alone at the laws made by men for their own govern- 
 ance, and by virtue of which act, were there no other, 
 their superiority over all material things is manifest, 
 but at that subtle force everywhere apparent. It is 
 not .necessary to go to sheep-bound books to find out 
 law. Statutes are form rather than force, or at best 
 force formulated. 
 
 The Ionic philosophers saw one only all-pervading 
 
WHAT IS LAW? 
 
 31 
 
 e means by 
 nize it; for 
 the perfect 
 ng growing 
 law." To 
 1 these per- 
 l authority 
 »^ery citizen 
 put a cor- 
 le thief or 
 the govern- 
 lit arm and 
 What says 
 ilaration of 
 Dvcrnments 
 just powers 
 , whenever 
 ve of these 
 liter or to 
 vernment," 
 isetts con- 
 t objects," 
 ody politic 
 the people 
 to take 
 erity, and 
 aintained. 
 method of 
 
 law; not 
 n govern- 
 no other, 
 manifest, 
 nt. It is 
 ) find out 
 )r at best 
 
 lervading 
 
 -^ 
 
 principle in nature, though personified in the minds of 
 some by one element, and in the minds of others by 
 another. Thus Thales thought it water, Anaxagoras 
 atoms, Anaximenes air, Heraclitos fire. Science and 
 religion now go behind all these ai.'! call this prin- 
 ciple law; the one under title of the forces of nature, 
 the other under that of the will of God. But whatever 
 it is, science and religion see it, feel it, and believe 
 in the same thing, though they call it by different 
 names and numberless sub-names. We feel Gotl in 
 nature and in ourselves; as the blind child, feeling 
 with its fingers the lineaments of the face it loves, 
 reads thus the secrets of the heart behind it. Up- 
 permost in the mind of the jurist are the written 
 rules for the regulation of human societies; in the 
 mind of the moralist the unwritten rules; the broader 
 conceptions of the scientist refer mankind as well as 
 nature to fixed laws. "Les lois," says Montesquieu, 
 "dans la signification la plus etendue, sont les rapports 
 necessaires qui derivent de la nature des choses; et 
 dans ce sens, tons les etres ont leurs lois; la divinitd 
 a scs lois, le monde materiel a ses lois, les intelligences 
 superieurs il I'homme ont leur lois, les betes ont leurs 
 lois, T'lomme a ses lois." 
 
 But when thus or otherwise defined, we are as far 
 as ever from knowing what law is. A reliofionist like 
 Hooker places the seat of law in the bosom of God, 
 wlio chooses himself to be influenced by the laws 
 which he establishes; whence arise law-worship and 
 disputes of various kinds. The law of nature, in its 
 requirements and punishments, is the same whether 
 it comes to us through our senses and our reason, or 
 through pretended revelation. All that the most in- 
 spired can do is to throw it into the same category 
 with all unknowable phenomena, and there for the 
 present leave it. Speculate as we will, the cogito, 
 ergo sum of philosophy is our bound. 
 
 We know that it is, and we know of it little else. 
 Law is everywhere. Sit in your house, there rise 
 
POPULAR GOVERNMENT. 
 
 rouDcl you the unwritten obligations between husband 
 and wife, parents and children, master and servant. 
 Go out upon the street, and at every turn you en- 
 counter some one of the thousand rules which regu- 
 late man's intercourse with man. There arc laws oC 
 health, of business, of fashion, of pleasure. Out upon 
 the sea, out in the wilderness; all things animate 
 and inanimate, all things terrestrial and celestial, all 
 things palpaple and impalpable, are under dominion of 
 law. By law worlds whirl and atoms are held in 
 place. By law suns shine, mountains stand, and seas 
 yield their moisture. By law wands blow", rains fall, 
 flowers bloom, birds fly, fishes swim, beasts growl, 
 and man murders. Under law all that is strong and 
 dreadful lies bound. Law flings lightning about the 
 heavens, cracks the thunder-cloud, melts the shrouds 
 of winter, and swells the buds of spring. From 
 molecule to planet, from invisible mist-particle to the 
 mighty main, from the breath of sleeping infant to 
 the roaring tempest, all observe order, office, place, 
 and form. Even the apparently erratic affairs of 
 men, which until recently were regarded as under 
 the immediate governance of free and reasoning in- 
 telligence, are now, for the most part, referred to 
 laws as the mainspring of their guidance. That most 
 subtile of inspirations, the mind of man, we now per- 
 ceive to be balanced by law. The animate and rational 
 is subservient to the seemingly inanimate and irra- 
 tional, and by obedience to these laws creatures and 
 things alone exist. 
 
 Neither is it alone force, but as it would seem 
 intelligent force that rules this universe. The crystal 
 forms not by the laws of the granite, nor the granite 
 by the laws of the crystal. The plant grows not as 
 the river grows, nor is man made as the mountain is 
 made. Each after its kind fulfils its law. Call it by 
 what name you will, abstract spiritual agenc}^ cosmo- 
 mechanical energy, nature or deity, its inscrutible 
 sympathies and antipathies are manifested no less in 
 
NATURE'S LAWS. 
 
 33 
 
 en husband 
 id servant, 
 [•n you eu- 
 »^liich rcgu 
 arc laws of 
 Out upon 
 rrs animate 
 celestial, all 
 dominion of 
 ire held in 
 id, and seas 
 t% rains fall, 
 ;asts growl, 
 i strong and 
 g about the 
 the shrouds 
 ■ing. From 
 rtiele to the 
 ig infant to 
 office, place, 
 c affairs of 
 d as under 
 masoning in- 
 referred to 
 That most 
 sve now per- 
 and rational 
 te and irra- 
 'eatures and 
 
 would seem 
 The crystal 
 the granite 
 TOWS not as 
 mountain is 
 
 Call it by 
 3ncy, cosmo- 
 
 inscrutiblo 
 d no less in 
 
 blind matter than in enlightened intellect. Whether 
 this power be increate and eternal, or finite; whether 
 it is conceived per sc and exists in se, or is the result 
 of a priori conceptions and exists per alind, it is clear 
 to all that system and design are among its most 
 prominent features. 
 
 Further than this, every person and every tiling 
 imposes laws on every other ])erson and every other 
 thing. Under force exists all; physical force, first 
 (lominator, then moral force, moral force being the 
 legitimate result of physical force, the legitimate and 
 justiliable result, which makes might right, else we 
 should not find it so. Nature is law's logic, law's 
 reas(3n. Whatever in nature man finds stronger than 
 himself he calls right, whatever is weaker he pro- 
 nounces wrong. We do not ask if the air has the 
 right to blow on us, or the water to drown us, or the 
 iiie to burn us; but when human societies commit 
 uncontrollable follies they are anathema, because they 
 are susceptible of improvement. In framing laws for 
 the rejjfulation of nations in their relations one toward 
 another, might is first considered and then right. 
 International law is little else than an attempt to 
 refine barbarisms, not an attempt to eradicate them. 
 Even lawless war has its laws, and the law-breaking 
 duello: likewise lust, and robbery, and all those worse 
 than beastly doings which cause God to blush for man 
 whom he has made, and for the laws which so sadly 
 fail to secure in him decency. 
 
 Follow nature back into the infinite, and, obscure as 
 are its operations to us, w^e yet can see even here a 
 government under mechanical laws. No new force is 
 found which may not have had exi^ *"once from the 
 beginning, and neither force nor mati'^v is distinguish- 
 able in one world which may not be common to all 
 worlds. That is to say, by observation, uniformity of 
 action and regularity in results have been discovered 
 in nature, and have been called laws. The genesis of 
 man is but a sequel to the genesis of nature. So 
 
 Pop. Tmb., Vol. I. 3 
 
it POPULAR GOVERNMENT. 
 
 linked with each other are all the natural sciences, so 
 interwoven are the forces which govern man and 
 nature, that wo can see in the progress of civihzation 
 only a continuation of that process of evolution every- 
 where apparent in the physical world. And this law 
 of naturt! is as far hack as we can go in searching the 
 origin of law. Law is universal and singular; whethei 
 natural or artificial, it is one and the same principle. 
 The forces of nature are diverse, and are held in 
 equilibrium by their antagonisms. Some of them at 
 times appear to act contrary to the interests of man, 
 yet all fa'^or him when duly restricted and directed. 
 Wind and water may be trained to sail ships and turn 
 mills, and the lightning which strikes destruction is 
 bridled to carry messages. Society, .at first free, 
 accepts self-subordination for the purpose of subor- 
 dinating others, which done, it struggles for freedom. 
 This partially achieved, it lapses into yet more strin- 
 gent restraints. 
 
 It appears not a little s' e that of all created 
 things civilized man should nou be able to live in har- 
 mony with his kind without first binding himself in 
 social, political, and theological fetters. In this respect 
 he is more brutish than brutes, more extravagant 
 in his senselessness than inanimate things. As thr 
 heathen by the mouth of Protagoras put it, "Man 
 was overlooked in the original distribution of gifts bv 
 Epimetheus among mortal creatures, and was left the 
 only base and defenceless animal in creation; and 
 though Prometheus strove to remedy his brother's 
 oversight as far as he could by giving him fire and 
 other means of life, still there was no principle of 
 government, and man kept slaying and plundering his 
 brother man; till at last Jove took pity on him, and 
 sent Hermes to distribute justice and friendship, not 
 to a favored few but to all alike." 
 
 Inanimate things and irrational creatures must 
 blindly obey the law of nature, but r/( tional men find 
 
MAN BORN INTO TlOXnA«;E. 
 
 3.-. 
 
 sciences, so 
 man and 
 civilization 
 ition evoi'V- 
 tid this law 
 irching tln' 
 ir; wliethov 
 e principle, 
 arc held in 
 
 of them at 
 sts of man, 
 id directed, 
 ps and turn 
 struction is 
 , first free, 
 se of subor- 
 for freedom. 
 
 more strin- 
 
 ■ all created 
 
 live in har- 
 
 • himself in 
 
 this respect 
 
 extravagant 
 
 s. As thi' 
 
 it ic> 
 
 •Man 
 
 of gifts by 
 jwas left tlu' 
 leation ; am I 
 lis brother's 
 lim fire and 
 [principle of 
 
 indering his 
 |on him, and 
 
 jndship, not 
 
 itures must 
 lal men find 
 
 it necessary to place themselves under restrictions of 
 their own making in order to dwell together in har- 
 mony. In masses of progressive men there {i[)pears 
 to be a mental inaptitude for single and independent 
 self-guidance; and failing the instincts of tiic brute, a 
 code of conduct must be marked out and stamped 
 with some sort of authority. Their well-being left by 
 nature partially free, they must needs fetter it imme- 
 diately or their behavior becomes such as to bring upon 
 tliemsclves destruction. Should man some day become 
 emancipated from the law of nature, he may hope to 
 emancipate liimself from the restrictions which the 
 boon of free-will lays upon him. Even the beasts 
 which when wild might roam at will, tamed must 
 have a halter. So it is with wild and tamed men. 
 Laws are the cords that tie each person in his place, 
 in proportion as private and public intelligence 
 inci'eases the authoilty of rulers decreases. Law 
 jiiises from necessity, and not from the desire of 
 individuals for restraint. Though in everv human 
 jicrrrreijation there must be some sort of subordination, 
 in the earlier and incoherent stages it is verv slight ; 
 eidy with the evolution of society is a complex 
 <n)vernmental svsteni evolved. The animalism in man 
 must be restrained, if not on principles of morality then 
 from expediency. If man were only animal, then bird- 
 law, 01- fish-law, or beast-law would suffice. But man 
 is more than animal, and animal laws do not answ«'r 
 lor tlie regulation of intellectual properties. Tht; 
 normal condition of mankind is progress. To progress 
 belong -"vealth, rights, and mental culture; and for 
 the preservation of these there must be a yielding of 
 some ])ortion of the individual will to the united will 
 of the nation, some regulations or laws which all are 
 bound to obey. 
 
 It is into such bondage man is born. Innumerable 
 laws, twisted into the cable of one great law, bind him 
 at the outset to his treadmill existence. And as if 
 this were not enough he straightway sets about fonnu- 
 
36 
 
 POPULAR GOVERNMENT. 
 
 lating forces which shall place him under new restric- 
 tions, light at first, but made stronger at each step 
 that lifts him above brute existence. Peopling the 
 heavens with dire intelligences, ho passes an epoch of 
 spiritual and political superstitions in which the mind 
 becomes stupefied by an agony of slavish fear. From 
 this despotism, in due time, he awakens, rattles his 
 chains, breaks some of them, but only to find stronger, 
 finer cords with each emancipation. Thus paradox- 
 ical is our freedom when it comes, liberty leading only 
 to greater bondage ; for the more advanced the civil- 
 ization the more powerful the unwritten law. Is it 
 not humiliating, is it not far from high or holy sat- 
 isfaction, the thought that of all animals man alone 
 should require conventional rules immediately he as- 
 sociates in a civilized way; that with his intelligence 
 and reason he should require laws to govern him, 
 when brutes associate in comparative harmony, each 
 with its kind, without the appointment of legislature, 
 governor, judge, or hangman ? Obviously this is the 
 penalty man pays for his reason. It is because he is 
 a reasonable creature that he is forced thus to regulate 
 his conduct according to reason. It is because he is 
 one with the eternal all-ruling intelligence, that intel- 
 ligence is necessary in the direction of his affairs. 
 Yet if we so conclude that in God's stead man rules 
 himself; that nature makes not laws for its creator: 
 tliat man's intelligence is above nature, and nature 
 makes no laws for the intellect of man — still I should 
 say so much the v/orse for an intelligence which so 
 humiliates intelligence, and I should find nothing ad- 
 mirable or worshipful in such domination. 
 
 But however may seem to us the origin of law 
 and the manufacturing of statutes, the necessity of 
 written rules we must recognize. Law we must have, 
 and government, for so it is appointed unto man. And 
 good citizens will obey the law and support the gov- 
 ernment; for it is for them and their children, as 
 
 'if 
 
 i 
 
SUPERSTITIONS OF LAW. 
 
 37 
 
 ao-ainst the wicked, as protection from those who would 
 injure them, that laws are made and governors placed 
 in authority to execute the laws. But to talk of the 
 sacred ness of law, at this day, is to clothe rules and 
 prescriptions with the superstitious veneration which 
 enslirouded them of old. Government is, or should 
 be, the united will of a majority of the people 
 cooperated for protection against that spirit of evil 
 which seems to take possession in a greater or less 
 degree of certain members of every community; 
 and there is nothing honorable, august, or sacred 
 in the office, or in the person of him who exercises 
 delegated power, which is not found in the persons of 
 those who bestow it. Yet mankind are slow to shake 
 off' this superstition; so slow that from the divine 
 right of kings they step to the divine right of legis- 
 lators, and the despotism of monarchy is succeeded 
 by a despotism of democracy. 
 
 The strongest element of social subordhiation is 
 found in that awe in which the masses hold the 
 possessors of power; and those high-sounding titles 
 and imposing pageantries which unduly magnify the 
 actions of officials so foster in the popular mind this 
 spirit of reverence as to make disloyalty the greatest 
 ef crimes. 
 
 The very words and symbols of authority, such as 
 legal verbiage, red tape and seals, and all that clap- 
 tr;i{) of justice of which wigs, gowns, and divers 
 liollow ceremonies are a part, tend to impose upon 
 tlie people and fill their minds with fear as of some 
 solemn mysterious power. When the Athenian leaders 
 ol' pojniLir reform, Pericles and Ephialtes, talked of 
 alxilisliiiig the high court of the Areopagus, ^:!]schylus 
 in lii.s ^reat Triology represented the venerable court 
 as having been founded by Pallas for the trial of 
 Orestes, and so held it up as an institution ever to be 
 revered by every pious Athenian. Up to the year 
 182;], when Mr Black, editor of the Morning C/iron- 
 i'c/e, attacked some of the vices and absurdities of En- 
 
38 
 
 POPULAR GOVERNMENT. 
 
 glisli law, the judicature of England was regarded a 
 model of perfection. 
 
 Not justice alone, but courts of justice, in the eyes 
 of Ignorance, are given us by the gods. The most 
 prominent effort of philosophy to-day is to rescue 
 from empiricism the laws under which human beings 
 aggregate and live. 
 
 From the worship of demi-gods and heroes, from 
 the Hebrew Scriptures or other holy books, from the 
 Caesarian despotism, or from some other source, man- 
 kind became imbued with the opinion that kings, as 
 representatives of divine power on earth, should be 
 implicitly obeyed; nor was it until a comparatively 
 recent period that the theory of original compact be- 
 tween the ruler and his subjects was recognized. 
 Blood revenge was held by the savage a sacred duty, 
 as civilized law to-day is held by certain of its minis- 
 ters a sacred thing. 
 
 The earliest form of government, after the govern- 
 ment of environment, is the authority exercised by 
 the parent over the child. The child is born helpless, 
 and in its rearing and education it must adapt itself 
 to the more experienced will of the parent. The father 
 of tlio family beconnjs the patriarch of an aggrega- 
 tion of families. Posterity deifies his memory, and he 
 takes his place among the gods of the national mythol- 
 ogy. At length the doctrine of uiicestral divinity is 
 applied to the living monarch. Altliough he may not 
 yet be deemed divine, his mission is. Althougli not 
 a god, he has the authority of a god, delegated, it may 
 be, from his tlead ancestors, and later from the cre- 
 ator. He is respected by his subjects as of heaven ly 
 origin. He is addressed in the terms in which tlic 
 creator is addressed, Majesty, Lord. Obeisance is 
 made to him as to God. Men hold their lives and 
 their property subject to his will, submitting to him, 
 as vicegerent of the creator, as they submit to God, 
 their- maker. But witli the elevation of the intellect 
 
DIVINE KINGSHIP. 
 
 39 
 
 egarded a 
 
 a the eyes 
 
 The most 
 
 to rescue 
 
 lan beings 
 
 roes, from 
 , from the 
 irce, man- 
 t kings, as 
 should be 
 paratively 
 impact be- 
 ecognized. 
 cred duty, 
 its minis- 
 
 le govern- 
 
 srcised by 
 
 n helpless, 
 
 iapt itself 
 
 riie father 
 
 aororrejja- 
 
 ry, .and he 
 
 il mythol- 
 
 iivinity is 
 
 e may not 
 
 lough not 
 
 ed, it may 
 
 1 the cre- 
 
 heavenly 
 
 which tlic 
 
 (.'isance i.s 
 
 lives and 
 
 g to him, 
 
 t to God, 
 
 3 intellect 
 
 comes the downfall of the divine theory of king- 
 craft. The monarch is divested of his supernatural 
 robes; he is permitted to rule at the will of the people. 
 Loyalty comes to mean patriotism rather than abject 
 submission. 
 
 Now patriotism is but a reflex of egotism, and re- 
 spect for statutes and constitutions is but another 
 form of loyalty. And as excessive love of country is 
 excessive self-love, so undue worship of forms of law 
 is a part of that superstitious loyalty which of old held 
 to the doctrine of divine kingship. If reverence is 
 anywhere due, whatever good there may ])e in loyalty, 
 in that sentiment which unites individuals under a 
 common head, it is not the power of law wliich should 
 1)0 I'cverenced, but the power which creates and sus- 
 tains law. This doctrine of divine kingship appears, 
 in a sort of inverted form, in the Athenian's creed, 
 wliich hold it dangerous for a man to rise above his 
 fellows— whence ostracism, or oyster-shell voting a 
 too ambitious man out of the country. 
 
 From this divine king-worship have sprung many of 
 the courtesies of modern society, expressions of fear, 
 awe, propitiation, submission, as well as political sub- 
 oidination. Form of some kind is necessary. I have 
 said that the forces of nature are In Id in e(juilil)rium 
 l)V their antao'onisms. Throutrhoul. the universe we 
 see two great contending powers, attraction and re- 
 ])ulsioii, both of which are essential to devel(»]>ment, 
 nay, to life itself It is the action and reaction of 
 tlieso opposing forces tliat give form and life to niattci', 
 tliat underlie all development, that sepai'ate the chaos 
 of nebula) into systems of worlds, and systems of vege- 
 table aufl animal organisms. So it is in society. It 
 is the tendency of opposing forces toward an e(|ui- 
 libriuiu that constitutes progress. If wealth an<l cul 
 tiu-e and rank and power had, from the beginning, been 
 given in eijual parts to every individual, there would 
 he no activity, no struggle, no progress. The laws of 
 man and the laws of matter are correlative. 
 
40 
 
 POPULAR GOVERNMENT. 
 
 As refinement and good morals assert dominion 
 crime diminishes, and thus the penalty that the com- 
 munity must pay for the evil which is done in it is 
 lessened. What will quicker arouse the spirit of 
 liberty than despotism, of order than anarchy? How 
 could we value virtue but for vice? Civilization may 
 have been dearly purchased at the cost of so much 
 suffering and wickedness, but without war, bigotry, 
 murder, tyranny — in short, without the combined evils 
 incident to humanity, the very existence of progres- 
 sional phenomena is unthinkable. Nevertheless, each 
 new blessing only opens the door to new bondages. 
 
 Between the forces of society and the laws by 
 which those forces act there is a vast difference, a 
 difference not always recognized by legislators and 
 jurists. Often law is mistaken for force, and force for 
 law. If I toss a ball into the air, the law of gravita- 
 tion is not subverted, though its force may be. When 
 laws antagonistic both to tlie forces that movts society 
 and to the laws that govern such forces are placed 
 on the statute-book, they are certain to be eithei' 
 annulled or to stand inoperative. Without the sup- 
 port of the people, I s.iy, statutes arc the stolidest oi" 
 dead things. Solon was well aware that his law.s 
 were not the best that could be made, but they were 
 the best the Athenians would receive. Self-preserva- 
 tion and all other instincts arc forces, and their behavior 
 under given conditions reveals to us the la'vs under 
 \N"Jiieh they act. Social forces make for themselves 
 sociological laws; statutory laws are neither the one 
 nor the other, but to remain in force they must bo 
 consistent with both. Many say that popular tribu- 
 nals are good in theory but wrong in practice. Now 
 iijnorance alone affirms of a thino: that it mav be cor- 
 rect in theory, and at the same time impracticable. 
 Nothing true in theory can be untrue in practice; it' 
 a plan fails in its ap])licat5on, then clearl}'^ the hypotli- 
 esis is at fault. 
 
 Often we hear remarked of an enactment, It is ;i 
 
THE RIGHT OF REVOLUTION. 
 
 41 
 
 : dominion 
 ,t the coni- 
 )ne in it is 
 D spirit of 
 hy ? How 
 zation may 
 3f so much 
 ir, bigotry, 
 ibined evils 
 of progrcs- 
 leless, each 
 tondages. 
 le laws by 
 ifference, a 
 jlators and 
 nd force for 
 of gravita- 
 be. When 
 lOVG society 
 are placed 
 be eithci- 
 at the sup- 
 stolidest of 
 it his laws 
 they weit-- 
 f-preserva- 
 ir behavioi' 
 a'vs under 
 themselves 
 ler the one 
 y must b<: 
 ular tribu- 
 ice. Now 
 nay be cor- 
 iracticablt'. 
 practice; ii" 
 le hypoth- 
 
 nt, It is ;i 
 
 good law, but impossible of execution. How absurd ! 
 A law impossible of execution, or that otherwise falls 
 far short of its purpose, is not a good law, is worse 
 than no law at all. Stupidly we look to legislation as 
 an infallible panacea for every social ill, and never 
 cease alternately to beseech and curse the demi-gods 
 who sit in council to make our laws. Thus endless 
 expectation waits on endless disappointment. 
 
 This doctrin*^ of the divine right of kings and passive 
 obedience on the part of the people never obtained in 
 Anglo-Saxon America, and least of all in California. 
 So sovereign in thought and feeling were the people 
 of this new commonwealth, that traditional forms and 
 conventional restraint were for the most part thrown 
 aside. At the first every mining district made its 
 own laws and regulated its own affairs. As in sav- 
 agism, government, which according to the modern 
 ideal, is the protection of life and property and the 
 punishment of crime, was absent. And indeed they 
 did very w^ell without it, for there was little property, 
 8a^■e that of a portable kind, and every man defended 
 liis own life or left it without defence. He punished 
 crimes committed against himself, if he was able ; if not, 
 lit- It' ft thoni unpunished. Later came that loyalty 
 which springs from social compact, a compact which 
 (k'lcnates certain rights of the individual to society 
 on condition that society shall protect him in otlier 
 linlits, tlic conscience as well as the person gradually 
 l)ti-oiiiing bound l)y it. But when established forms 
 aiv warped for vile ])urposes by a dishonest minority, 
 then thu principle of self-preservation comes in, which 
 our laws and our constitution, as well as every in- 
 stinct of our nature, hold to be first. 
 
 The whole matter — that is, the right of vigilance, 
 not the expediency or the manner of its execution- 
 turns after all on the right of revolution, a right which 
 a pi'tori few deny, howsoever one complains when in its 
 
42 
 
 POPULAR GOVERNMENT. 
 
 iiicipiency it may tread on one's interests or preju- 
 dices. I say the morale of that class of social erup- 
 tions which in California took the name of vigilance 
 committees turns on one's view of this right of revo- 
 lution and on one's general conceptions of law and 
 ethics. Were Luther, and Cromwell, and Washing- 
 ton right? Were Coleman, and Dempster, and Truett 
 wrong? And if it be true that under sufficient provo- 
 cation a number of persons possess the right to rebel 
 against their rulers, then we might enquire how much 
 provocation is necessary to render rebellion justifiable, 
 and how many robbers, or murderers, or disturbers of 
 the public peace must band before their acts shall be 
 raised from the category of crime to the dignity of 
 insurrection. ' 
 
 I do not mean to say that the vigilance committees 
 in California, and elsewhere in the Pacific States, 
 were revolutionary in their character. They were 
 not. It was no part of their purpose in any instance 
 to overthrow the government, to usurp political 
 power, or to clog the machinery of legislation or of 
 law. The principle involved, however, is the same. 
 It is the act, rather than the motive, that the law 
 judges. The question is, not whether it is right to 
 break the law in order to accomplish a good purpose, 
 but whether it is ever right to break the law at all. 
 
 On this question the ablest minds, not alone in 
 California, but throughout the world, as before inti- 
 mated, were at issue. Though tacitly admitting thu 
 right of revolution, there were those who denied tlu; 
 exercise of that right. And diflferences of opinion 
 have existed, and do still exist, both as to the right 
 and the policy of an arbitrary a^.Jumption of adminis- 
 trative power by the people under any circumstances. 
 Better, some say, that virtuous citizens should throw 
 their weight into the balance with legislature and law 
 Cv)urts, and so achieve the right unstained by lawless 
 bleed. To sanction the doinij of evil that good niav 
 come IS to tread on dangerous ground, and estal' 
 
THE TWO PARTIES. 
 
 43 
 
 5 or prcju- 
 jocial erup- 
 )f vigilance 
 ;ht of revo- 
 of law and 
 i Washing- 
 , and Truett 
 jient provo- 
 ^ht to rebel 
 e how much 
 1 justifiable, 
 listurbers of 
 icts shall be 
 e dignity of 
 
 5 committees 
 ,cific States, 
 They were 
 any instance 
 iirp political 
 dation or of 
 IS the same. 
 ,hat the law 
 is right to 
 ood purpose, 
 law at all. 
 not alone in 
 . before inti- 
 idmitting the 
 lo denied the 
 !S of opinion 
 to the right 
 u of adminis- 
 ircumstances. 
 should throw 
 ature and law 
 ed by lawless 
 lat good lUiiy 
 J, and ostali- 
 
 lifsh a precedent which some day may recoil on its 
 authors with terrible effect. Where the law ends, 
 tyranny begins; the cure is worse than the disease. 
 Such and many other like maxims are brought for- 
 ward in defence of obedience to the existing laws of 
 the land under any and all circumstances. 
 
 On the other hand the right of revolution is main- 
 tained as the dearest right of a free people. Law is 
 the servant and not the master of men. When the 
 law, made by a majority of citizens, becomes dead or 
 inutile, it is not only the privilege but the duty of the 
 majority to adopt new rules for the governance and 
 protection of society. As a rule the minority con- 
 tend that the state as a political organism embodies 
 sovereign power, and that the power of the state 
 is superior to the power of the people, while the 
 majority maintain that the people are sovereign. 
 If the laws and constitution are contrary to the 
 will of the majority, then the minority rule; if a 
 majority of the people possess the sovereign power, 
 it seems paradoxical to allege that they can commit 
 tieason against themselves. Respect for the law, 
 obedience to righteous law, these are the questions 
 involved. Manifestly it is the duty of every individual 
 [to heed and obey the laws; thus far both sides agree, 
 and thus far there may be a tincture of divinity in 
 [the existing laws, for statutory law is supposed to 
 Iciubody most of the divine and moral laws. But it 
 lis not that species of divinity attributed to law from a 
 study of the law's mystical technicalities by the high 
 f)ii( sts of its idolatry, which makes form superior to 
 substance, and bows before the ski leton long after 
 the soul has departed. 
 
 Hence arose two parties, the Law and Order party, 
 [and the Popular Tribunal party. Both sides agreed 
 [that the laws of the land should be obeyed, but in 
 practice there was this difference : The popular ))arty — 
 that is t(^ say the people, the masses, of which com- 
 niittees of vigilance are always composed — were as a 
 
44 
 
 POPULAR GOVERNMENT. 
 
 rule industrious, orderly, God-fearing, and law-abiding- 
 men. They were the class that laws are made to pr« •- 
 tect and not to punish. The law and order party, aftci- 
 including a certain class of lawyers and officials, was 
 composed in a great measure of the lawless and order - 
 less, habitual law-breakers, who lived not by honest 
 labor, but by subverting and distorting the law so that 
 they might fatten on the labor of others, and who 
 estimated the justice of the judge by their own 
 villainy ; and it was seemingly fit that those who lived 
 by the breaking of laws should thus band for mutual 
 support. This was the class the laws were made to 
 punish; but in their hands, and in the hands of their 
 masters whom they had elevated to office, it con- 
 stituted a safe protection for them, and was made to 
 punish those only whom it should have protected. 
 It was wholly an anomalous condition of things, and 
 to judge the action of early Californians by the ruk'> 
 of older societies is wrong. No wonder these men 
 saw divinity in law; it was the only kind of divinity 
 many of them were ever able to discern ; the divinity 
 of tlie ballot-box, of jails and city halls; that devilisli 
 divinity which affords protection from lawful penalties 
 incurred by promiscuous robbery and murder. 
 
 I say it is absurd to charge the members of the San 
 Francisco Vigilance Committee with disrespect fn 
 the laws. Their deference was not displayed in loud 
 protestations of patriotipm, in fanatical adoration of 
 the capped and gowned goddess of liberty, or in 
 lung-splitting reverence for a piece of starred and 
 striped bunting; these were the sounding brass and 
 tinkling cymbal of the law and order party. Tlic 
 deference of the mercantile and industrial classes for 
 law was manifest in practice rather than in profession. 
 Their daily life was a standing commentary on 
 their respect for and obedience to the laws of God 
 and the laws of their country, even if they did some- 
 what roughly handle the law in rescuing it from tlie 
 elutches of wicked men. 
 
VIGILANCE IS NOT THE ENEMY OF LAW. 
 
 45 
 
 law-abidiiiL;' 
 made to pr« •- 
 r party, aftoi- 
 Qfficials, was 
 IS and ordoi - 
 it by honest 
 B law so that 
 rs, and who 
 
 their own 
 se who hved 
 I for mutual 
 ere made to 
 nds of their 
 fice, it con- 
 vas made to 
 3 protectefl. 
 
 things, and 
 by the ruk> 
 • these men 
 
 of divinity 
 the divinity 
 hat devihsli 
 ul penalties 
 der. 
 
 3 of the San 
 respect fn 
 yed in loud 
 deration of 
 erty, or in 
 tarred and 
 • brass and 
 >arty. Tlu' 
 
 classes fnr 
 
 profession. 
 lentary on 
 LWS of God 
 Y did some- 
 it from tlk' 
 
 
 Not disrespect for the law, nor a denial of the 
 human and divine right of law to be obeyed ; not the 
 absence of a necessity for law ; not a lack of due def- 
 erence to judges, governors, and administrators of the 
 law when such deference was their due, when it was 
 not the deference of subjects to a master but the 
 del'orence of freemen for the instrument which for 
 the time embodied their common rule of conduct, 
 wliic.^li would result in the greatest good to the greatest 
 niunber — nothing of this kind can rightly be charged 
 on members of vigilance committees. It was the 
 right of a majority of the people to suspend the 
 action of the law, or to change the existing form of 
 law or of government by the surest and most direct 
 method, whenever they deemed it essential to the 
 well-being of society to do so — and this, if necessary, 
 without waiting the slower, less effectual, and less 
 certain means provided by constitution or statute. 
 In short it was the right of revolution which they 
 claimed; a right more divine than the divine right 
 of law; a right stoutly sustained as the bulwark of 
 all our liberties, from the days of John, king of En- 
 gland, to the present time; a right which cannot be 
 denied without stopping the wheels of progress and 
 sending mankind back into the Dark Age. 
 
CHAPTER III. 
 
 ENGENDERING CONDITIONS. 
 
 There is what I call the Amcricou idea. 
 
 Theodore Parker. 
 
 For the further elucidation of the subject, I propose 
 to give a historical sketch of Popular Tribunals in i\\v. 
 Pacific States, more particularly in San Francisco, 
 covering a period of thirty years from their inception. 
 
 And first of all, a glance at the several phases of 
 early society throughout this territory, with special 
 reference to such causes and conditions as stimulate 
 or retard the displays of irregular administration here 
 engendered. 
 
 The conquerors of Central America and Mexico, 
 and those who followed in their wake as settlers, were 
 not subjected to the same species of anomalous justice 
 that later influenced the loose-minded pioneers of 
 Anglo-Saxon heritage. For this two causes may be 
 assigned: First, the Spanish settlers were colonists, 
 under the immediate rule of a despotic governor aj)- 
 pointed by a jaalous sovereign. In most instances this 
 governor exercised over his subjects the power of life 
 and death ; standing in the king's stead, he was respon- 
 sible for his acts only to the crown. His government 
 was military as well as civil, and irregularities, if not 
 committed by himself, were grave offenses. Moreover, 
 loyalty was so inbred in the Spanish character, so 
 part of that superstition which constitutes the second 
 cause why vigilance committees could not exercise 
 their sway under Spanish rule, that to oppose their 
 
 (46) 
 
SPANISH SOCIETIES. 
 
 47 
 
 ! Parker. 
 
 ct, I propose 
 )unals in the 
 n Francisco, 
 )ir inceptioii. 
 al phases of 
 with special 
 as stimulati 
 itration here 
 
 lid Mexico, 
 
 sttlers, wert> 
 
 ilous justice 
 
 pioneers of 
 
 ises may ho 
 
 e colonists, 
 
 ovornor a]>- 
 
 istancGS this 
 
 ower of hfi' 
 
 was rcspoTi- 
 
 tjovernment 
 
 ities, if not 
 
 Moreovei', 
 laracter, so 
 
 the second 
 ot exercise 
 ppose their 
 
 (46) 
 
 will to that of the sovereign or liis deputy, was an act 
 HO sacrilegious as to be entertained only by the most 
 abandoned. To the uttermost ends of the earth the 
 wrath of heaven would pursue the disobedient. And 
 whatsoever element of society there might be not un- 
 der the complete dominion of secular power, the church 
 was sure to hold in subjection. The Spanish colonists 
 were not their own masters. They could not go ami 
 come as they pleased; they could not explore, subdue, 
 and occupy except by permission. Unless thoroughly 
 loyal to (jiiurch and state, they were not fit subjects 
 for colonization; they were not Spaniards; they were 
 heretics, worse than Moslem or Jew, and fit only for 
 death and perdition. They could act in any direction 
 only by permission of the creator himself, as spoken 
 by his vicegerents, who were in temporal aflairs 
 the king of Spain or his deputy, and in spiritual 
 mutters the pope of Rome or his deputy. Later, 
 when both church and state by their sottish inanity 
 lost much of their power, and the yoke of Spain fell 
 from the necks of the colonists, society split into in- 
 numerable opposing factions, which have been uniting 
 and dividing and fighting each other much of the 
 time since. All the while crime was rampant. Few 
 were too good to steal. The rich were forced to con- 
 trilmte of their wealth to the support of the party in 
 ])o\ver; the officers of the government were seldom 
 zealous except under the stimulus of a bribe ; justice 
 was bought and sold, and there was little difterence, ex- 
 ce]it in outward appearance, between the professional 
 highwayman and the peculator in office. Meanwhile 
 there spawned a hybrid race, brute-low in stupidity ; 
 and these, poor and priest-ridden, were glad to eat and 
 sun themselves in peace, careless of all things else. 
 People, in our Anglo-American sense of the word, 
 there were few; surely it is apparent enough that 
 there was not here the material for a vigilance com- 
 mittee. Of banditti there were always plenty. High- 
 way robbery was here raised to a science. Instead 
 
48 
 
 ENOENDKRINO CONDITIONS. 
 
 O 
 
 f taking the road and keeping it, thereby stoppinj; 
 travel and ruining the business, the marauders would 
 migrate irregularly, so as always to have some part of 
 their iield lying fallow. But alternately almost every 
 section was visited, and at such times every highway 
 sA\'arnied with robbers. The criminal statistics of re- 
 publican Mexico show some twenty thousand arrests 
 annually, beside which those of California, even durinij 
 her periods of most stringent reform, seem tanii' 
 enough. And the guard was sometimes even more 
 dangerous than the outlaw; it was th^" proper thing for 
 a hired escort to do, to flee at the approach of banditti, 
 if indeed they did not assist in the pillage. Convicts 
 wei'o sometimes bound in couples by means of iron 
 girdles, sometimes with chains six feet in length, and 
 put to work on the highway. The jails of Sonora 
 were poor affairs; and as for police. In many parts 
 they were unknown. Banditti became so bold at 
 times as to enter a town and rob 1 store in open 
 day; if they confined their operatioj^s t(^ the road and 
 to strangers, the authorities were not quicK to molest 
 them. 
 
 The constitution of Sonora provided a tribunal of 
 justice composed of three chambers with letrados, that 
 is to say, three judges and Si fiscal; the letrados to b(' 
 chosen by non-professionals. These were appointed 
 every four years by congress. Magistrates were 
 selected under special laws which defined their power; 
 some were appointed by the governor with approval 
 of congress. Frequently judges were placed in offico 
 expressly to be used as the tools of those electing 
 them, even as under governments of more pretensions. 
 Few were learned in jurisprudence, and many could 
 not read or write. 
 
 An old Mexican living in the robber-infected region 
 of Jalisco called together the neighboring ranchcros 
 and made war in a body on the banditti. Soon the 
 district was cleared of them; but in their zeal tlie 
 armed corps did not stop there. Whenever any sus- 
 
SONORA AND LOWKR CALIFORNIA. 
 
 4!» 
 
 picious-looking persons were seen lounging about, they 
 were shot ilown without waiting to undergo the forms 
 and uncertainties of law. When asked if in this way 
 it dill not sometimes happen that the innocent were 
 punished with the guilty, the old man answered : "Oli, 
 
 es; but the average on the right side is sure to be 
 
 cpt up !" 
 
 ■i 
 
 The northern part of Lower California has been 
 much of the time in a disorganized state, the orders 
 of the supreme government being unknown; and, in- 
 [deod, had they been known they would not have been 
 regarded along the frontier, some claiming to be 
 under the government of Alta California and some 
 [professing to belong to Baja California, which was 
 equivalent to being under the jurisdiction of neither. 
 It was held to be a very wicked thing to kill a 
 priest; more wicked than to kill a man less sure of 
 seraphic glories. In 1805 a woman murdered Father 
 Surroca in his bed because she had been dismissed 
 ifrom the padre's house. What Surroca had done to 
 [her is not stated. The order for the execution of the 
 |w(jman, together with two natives, was passed by the 
 [auditor of war on the last day of the year afore- 
 said. The auditor recommended hanging, if an ex- 
 jcutioncr could be found; if not, shooting would do. 
 In either event, the head and right hand of the 
 'omau were to be spitted in the most public place 
 11 Santo Tomds, and those of the others in other, 
 mitable places. 
 
 The 10th of June, 1849, Agustin Mancilla y Gram- 
 )oa writes from San Francisco Javier to his brother 
 it San Diego complaining of the insecure condition of 
 )roperty, and the absence of any administering of 
 justice. Among other outrages, he speaks of the rob- 
 )ery of the church of Santo Tomds and the sale of 
 the articles to some men trading toward San Diego„ 
 md asks for their arrest. J. Ross Browne testifies 
 that in 1866 the country was well governed, thougk 
 
 Pop. Tbib., Vol I. «, 
 
50 
 
 kxoexdkuint; conditions. 
 
 betwoeii the yeai's IK51 and 18()1 tlie Peninsula was 
 infested witli runaway -ascalsfroni Mexico and Call 
 f'ornia, many <>t' whom '• \d to be sliot as a warnin;^. 
 And notwithstandiniij the frequent revolutions, BrowiK 
 asserts that Lower California is a peaceful country, 
 and that rol)l)ery and murder arc infrequent. 
 
 Here, as elsewhere under ^Eexican I'ule, the custoiu 
 was prevalent of advancing supplies to miners; that 
 is, of ])ayini:4' them, usually in merchandise at exorlii- 
 tant ])riccs, for some time in advance, trustiui^- to tlu 
 hold law and custom gave upon the jiorson of such 
 debtors to get back their expenditure, with a [)rotit. 
 in the services of those thus Ifouiid to them. A 
 mining superintendent neai" Santo Tonuis in Januarv, 
 1858, havino- distributed the weeklv I'ations as usual. 
 found oiii' morning that advantage had been taki i. 
 of the circumstance ])y two miners, who had <lr- 
 cann)e(l during the night, amply supi)lied with fotid, 
 .Vs soon as the discovery was made, the su])erinteii<l- 
 ent sent an American to the alcalde at Santo Tonuh 
 to obtain an order for the arrest of the fugitives. It 
 was iui'iiished at once, conmiissioning the American^ 
 to bring them back living or dead. The alcalde nl>' 
 sent three ^[exicans with him to assist in the exocii 
 tion of his order. They were successful in the jmr 
 suit, retui'ning to the alcalde before dusk with \\u 
 jirisoners, who, declaring themselves innocent of tlu 
 charsfc. were not confined in the calaboose. The iirxt 
 morning the alcalde went to the mines, ordering tin 
 prisoners to i'ollow in about half an lioui". Trust In- 
 to their honor, thev were allowed to come without ;i 
 guard, l^pon the opening of the court, the superin 
 tendent of the mines appeared as prosei'uting attorii<'\ 
 Testimony was heard from all tlie witnesses witlxni; 
 any administering of oath. The court, unwilling t' 
 take the responsibility of deciding the case, propn>ii 
 that the plaintiff and defendants should choose homfn' - 
 huenos, and that the case be adjourned until the urW 
 day, which was done. The liombres buenos are ptm 
 
•oninsula was 
 
 ico and Call 
 
 as a warning. 
 
 tions,Bro\vn( 
 
 •cful country, 
 
 lent. 
 
 lo, the custom 
 
 miners; tliat 
 ise at exorl>i- 
 fusting to till 
 ^rson of sue! I 
 with a profit, 
 to them. A 
 is in Januaiv. 
 tions as usual. 
 1(1 Ijeen ta1v> i. 
 wlio had <li - 
 ied with food. 
 su])erintcu(l- 
 
 Santo Touifh 
 
 fugitives, h 
 ;ho Ameri(.-aib 
 ic ak-alde al- 
 
 in the execu 
 Lil in the pur 
 
 usk with tli> 
 moccnt of tli' 
 jse. The 111 xt 
 
 , ordering tin. 
 
 »ur. Trust in.; 
 
 rule without ;i 
 
 ■t. the superiii- 
 
 itingattoriiov. 
 
 nesses witli""' 
 , unwilhng t' 
 case, propnMii 
 
 choose A"<»'"" 
 until the lu'M 
 
 lenos arc pi *^i' 
 
 iVLOXO TIIK MEXICAN FRONTIER. 
 
 61 
 
 ^\\av to .Mexican judicature, differing from associate 
 Jjudges, arbitrators, or jurymen, but approximating 
 Howard all these. I'pon the presentation of the tes- 
 .'tiuumy to this tiihunal they decided to act on the 
 ^ungestion of the superintendent, and condemned the 
 vprisonoi-s to work out the value of the rations with 
 Kvliich they had absconded, and to pay tlie costs of 
 
 ;CiUU't. 
 
 Tlie execution of some twelve criminals by law in 
 
 ^]S()0, murderers of Governor Castro and others, 
 
 ;within a ])erio(l of five months, brought upon Es])arza, 
 
 lie <Tovernoi", a swarm of vermin friends of the exe- 
 
 uted, threatening his life and that of all those having 
 
 i^any hand in the executions. 
 
 When Dtivalos was governor of Lower California, 
 
 ^^in isr^', wishing to increase his revenue while giving 
 
 gratilication to his people, he permitted during the 
 
 Christmas holidays a three days' indulgence in the 
 
 favorite hut interdicted same of monte. The fourth 
 
 day. desirous of seeing in person how his order for the 
 
 disci iiitiimance of the amusement had l)een obeyed, he 
 
 entered a saloon in company with an officer, and each 
 
 drawing a pistol, more in play than in earnest, ]X)inted 
 
 [till' weapons at a party seated at a monte table, and 
 
 rdeied their surrender. Unfortunately the gov- 
 
 riKir's pistol was accidentally discharged, hilling an 
 
 id and respected citizen of La Trincliora, Don Jose 
 
 lan'a ^[endoza, a looker-on. After whicli the jrov- 
 
 rimr, fearmg assassination at the hands of the 
 
 ir'ouiiMcr nieinbers of the Mendoza family, dared not 
 
 cnture ahroad save under cover of a )>ody guard of 
 
 en men. 
 
 In Xoveinber, 1875, small squads of Sonoran 
 
 anditti camped in Lower California just south of the 
 
 inc. The Americans on the San Diego side of the 
 
 1*1*1 ^ 
 
 line did not ri'gard their piesencc so near their fam- 
 ilies with favor, and so they drove them away. Tlie 
 SOtli of this month two men, Lcclaire and Sosa, were 
 killed, as was supposed, by Lopez' gang. An alcalde 
 
;)•_' 
 
 KNGENDERINfi ( ONDITIOXS. 
 
 of Lower California united with the slieriff of San 
 Diego to arrest and bring the offenders to justice. 
 
 Until a comparatively recent period, Arizona, in 
 common with northern Mexico, was in the hands nf 
 the savages. Wide ranges of country were not in- 
 habited by white men ; and to pass through the count ly, 
 unless prepared for battle, was attended with great 
 danger. There were sections rich in precious metals, 
 but to develop tlioin was impossible. The arid Sdii 
 offered few attractions for agriculturists; vast unin- 
 habitable deserts isolated settlers ou the fertile spots, 
 and afforded secure retreat for marauding aboriginals. 
 These same deserts, however, were not favorable hi 
 civilized ruffians; there were too few hiding-jdacc-, 
 and if not soon run down and cai)tured, hunger or 
 thirst would drive the flying criminal back upon his 
 aveno'ers. Xovertheless in due tiniu civilization di- 
 veloped some first-class scoundrels, who met their 
 dues at the hands of the popular tribunal. 
 
 Before the establishment of the Mexican repuMic 
 justice in New Mexico issued directly or indircellv 
 from the civil or military comandante. There wer. 
 minor courts for petty causes, but important cases woi« 
 decided for the most part by the governor. Affair^ 
 were still worse after the oru'anization of the federal 
 government at the city of ^lexico. The only tril>unal 
 then in New Mexico was the alcalde's court. Under 
 certain restrictions appeals were carried to the supreim 
 couit at Chihuahua, but few could afford the d».'lav 
 and expense. The routine of law courts was unknown, 
 and the distance to the audiencia of Mexico was su 
 great as to impede the adjustment of rights. 
 
 The forms of litigation in New Mexico were quite 
 sinijile. The complainant appeared in person am! 
 made a verbal statement before the alcalde, wh' 
 ordered him to summon the accused, which was dow 
 by using the words, *Le llama el alcalde,' the plain- 
 
ARIZONA AND XKW >rKXICO. 
 
 licrift* oi' San 
 to justice. 
 
 i, Arizoiica, in 
 the hands ui 
 were not iu- 
 h the country, 
 3(1 with great 
 ecious metals, 
 The arid s^i! 
 ts; vast unin- 
 c fertile spots, 
 isjf aboriiTjinals, 
 t favorable tn 
 liiding-[»lac(>, 
 cd, hunger i>r 
 back upon hi- 
 ;iviHzation di- 
 ho met thoii' 
 lal. 
 
 xioan repullie 
 r or indirccllv 
 
 There wlt. 
 ■ant cases woii 
 rnor. xVffalr- 
 of the fedoial 
 oonly tril)Uiial 
 ;ourt. Under 
 to the suprcnu' 
 brd the dolav 
 was unknown, 
 lexico was so 
 ghts. 
 
 ico were quito 
 a person am! 
 
 alcalde, avIv 
 hich was d«nii 
 de,' the plain- 
 
 tiff thus acting as coniplainant and constable. The 
 defendant failing to appear in answer to the verbal 
 (Bununons of the plaintiff, the alcalde caused to eb 
 ierved on him the regular process of the court, which 
 Was a huge cane, called the htiston de jvsticia, an or- 
 dinary walking-stick, having sometimes cut upon it a 
 'f^ross, l)ut distinijuished from a common cane chieflv 
 
 «' y a black silk tassel peculiar to this stick of justice. 
 loth litigants luing present, each gave his invn version 
 pi the case. Sometimes witnesses wore sununonod 
 %ntl sworn on the cross cut on the baston de justicia. 
 
 tttener, however, a cross formed by the finger and 
 uinb was used in administering oaths. It was a lazy, 
 lyiiig sort of justice. Very frequently tliere WDuld l»e 
 Dei I her witness nor oath in the case, which indeed 
 Wa- often just as well. The alcalde would hear and 
 ^determine. It Mas all law, and tlu^ magistrate was 
 fer ahovc fallible man. Trial by jury was not prac- 
 ised, but in ])lace ol" juries tliere were the hombres 
 Hienos hetore mentioned, to whom cases were (jften 
 }rerred foi- decision. 
 
 In judicial }>roccedings, little attention was paid to 
 )des or forms. Indeed, alcaldes learned in the law 
 K'le extremely lare, many of them m;vej' in theii- 
 ivo ha\iug looked between the covers of a law-l)ook. 
 their iiroceedings when not warped by cori'Ujttion 
 jeie controlled by the prevailing customs of the 
 >untry. Justii-e was administeretl undei- three di.s- 
 '•t and privileged jurisdictions, known as J'licros: 
 Fii-t. the (v/csidsticu, which ordained that no mem- 
 Bter ot the clergy above the I'ank of curate should be 
 M-rai-iK-d hefore a civil trihunal, but should be tried 
 the superiors of his order: second, the intllfar, 
 hich made similar jirovision in favor not tjnly of 
 Hnnussioued officers, but of connnon soldiers; third, 
 le civil or ordinary courts for all cases in which the 
 letendants were laymen. "These fueros," says ( Jregg, 
 ive hitherto maintained the ecclesiastic and mili- 
 y classes in perfect independence of the civil 
 
wi 
 
 54 
 
 ENfJEXDERIXG COXDITIOXS. 
 
 authorities. The c-ivil, in tart, reinains in some 
 tlcijfroo subortlinat(3 to the other two fueros: foi- it 
 can under no circumstances have any jurisdictiun 
 Avhatever over them, while the hiy phiintitt', in the 
 })rivile:L^e(l tribunals of these, may it' unsuccesslVil, 
 have judgment entered against him, a consequeiKv 
 that could never follow the suits of the ecclesiastical 
 or military ordei's before the civil tribunals." 
 
 The decisions of the alcalde were seldom in strict 
 accordance with the mei-its of the ciise, and bribery 
 "Was fre(juent. Indeed, lie who liad not the moiicv 
 Avith wliich to bribo the alcalde was almost sure to 
 lose his case. The injustice and coi'mption of couit- 
 of law constituted one of tlu' most painful features nf 
 this demoralized society. In a judicial contest will 
 the wealthy the poor stood little chance, for if judi 
 and Avitnesses were not directly bought with moii 'V 
 tlieir iniluence carried sutticient weight to ncutrali/t 
 ])lebeian testimony if ottered against them. A ]iei'»';i 
 of iniluence could keep a prisoner in the i^a Injur... 
 almost at jileasure; on the other hand witliout wealth 
 or intiueuce justice was beyond reach. 
 
 In X(;w Mexico ]»unis]unent was administen.il 
 neither in ))roportion to the malignity of the otfein >, 
 nor having prominently in view the vindication "( 
 outraged law, nor th*; I'eformation of the evil-doi i 
 Shoukl the creditor express a willingness to a])ply tli' 
 services of a (lei)tor on account of the judgment o!i- 
 tained, the debtor was not imprisoned; but from tiu' 
 low wages allowed it was easy, in most cases, for the 
 credito]', by making fuitlu>r a<lvances from tinn' t" 
 time, to reduce the debtor to a state of peonagi' ami 
 hold him in l)ondage for life. For debt, theft, ainl 
 murder, the customary sentence was the same, ';'i l;i 
 ciircel,' and the offender was likidy to remain about 
 as long ilirough inability to pay an insignificant >\m 
 of money as for the gravest of crimes, always pro\ iJi'l 
 that notl ing was forthcoming for pur[»oses of bi-iln iv 
 
 The mode of punishment was fine and impri-nii 
 
MORMON JUSTICK. 
 
 55 
 
 LUIS in some 
 fueros; for it 
 y jurisdiction 
 uiutirt', iu tlic 
 uusucoessl'al, 
 L consequoiK'o 
 c ect'lesiastiral 
 mils." 
 
 Idom iu strict 
 0, and l)rilKiy 
 ot the nionrv 
 dinost sure to 
 ption of couits 
 iful features of 
 il (.-ontest wi'li 
 CO, tor if jui!.; 
 .it with moiiyy 
 .t to neutrali/i 
 em. A pei'>>';i 
 u the cdluli"'-- 
 without wealth 
 
 iuhuinisten.il 
 
 of the ott'euiv. 
 
 vindication "f 
 
 the evil-doti 
 
 jss to a|)ply tho 
 
 judgment oli- 
 
 ;'but fi'om thf 
 
 t cases, for tli*' 
 
 from tinii' t" 
 
 f peoiia<4'e :iu4 
 
 [cht, tlie'ft, aii'l 
 
 the same, ':i ';' 
 
 reniain ahoiit 
 
 si<4niticant sum 
 
 d ways pro vi<K'l 
 
 tsesof brilii'i'} 
 and iniprix'" 
 
 I.) 
 
 [) 
 
 ment, which in a society so dull, oivcn to such sensual 
 ,L;ratiiications as lav witliin tlieir reach, was by no 
 means the most awe-inspirin_ij;' or etfeetual. Fine could 
 not be exacted wliere the otlender possessed nothing; 
 and ini|)ris()mnent implied shelter and food, comforts 
 not always within the reach of all. 
 
 iiodily infliction, though open to the charge of 
 brutality, is after all, in some form, the only ])unish- 
 nu lit capable of holding crime in check. Some abhor 
 wliij)[iing from the })ain it brings, others from the 
 disgrace attending it; all fear death. As for tlie 
 relative brutality of corjKjral [tunishmcnt and im- 
 prisonment, I think under analysis the sentiment 
 w oiild signify a caprice of fashion rather than a vital 
 ditlere!ice. To cage a human being like a wild beast, 
 t>v to chastise him and give him his liberty, there is 
 nil this ground little choice. 
 
 In L tall religious fanaticism aljsorbed all sense of 
 )u>-tice. To dis(jl)ey the church was never so much 
 a> thought of among its followers. For any number 
 of Mormons to assume attituiles antagonistic to their 
 leadei's, or to divine revelation, was scarcely deemed 
 l>ossihle. The MomKni theocracy left no place for 
 <|Uestioning ; where (lod himself inuuediat el v governed. 
 
 then 
 
 nu 
 
 leed. 
 
 was law 
 
 ^acrof 
 
 I tl 
 
 HIIL!', 
 
 Tl 
 
 lere was 
 
 little need (»f judicial mechanisms, c<nirt jugglerie- 
 
 toi'ni:- 
 
 or 
 
 furbel 
 
 ows. (lod's will was law; that will 
 
 as made known by the mouth of his pr(»phet 
 
 that the voice of the church itself was la 
 
 w 
 
 IJn.l 
 
 el' 
 
 suc!i a regime, the little pimishnit'iit little children 
 re(|uire(l was easily administered, and the s|)irit of law 
 and order iirought these blind and ignorant worshi[)- 
 pers to their knees, and held them there in'bi'eathless 
 awe. I ncKr a theocratic government, no less than 
 un(Ur a strong despotic government, we shall look in 
 vaiu for the jtopular tribunal. The necessity lor such 
 an (jrgani/.ation could not exist, or if it did, the 
 material ( om|)o>ing it could not bo found; for if such 
 
50 
 
 ENUENDERI\(i CONDITIONS. 
 
 principles obtained there would no longer be any 
 theocracy. Utah cannot boast of a single respectable 
 mob, if we exclude from such category, as certainly 
 we must, troubles Avith natives and with gentiles. 
 
 In California the case was different. Unlike the 
 tribes of Arizona, New Mexico, and northern Mexico, 
 tlie natives of the great valley drained l)y the Sacra- 
 mento and the San Joaquin were weak, defenceless, 
 peaceable. The attention of the miners was not ab- 
 sorbed, their interests were not welded by fear of the 
 savages. The poor creatures aboriginally inhal)itiiin 
 the Sierra Foothills were little disposed to retaliate 
 the insults and outrages heaped upon them; should 
 the}"^ now and then attempt to right a wrong, a 
 hundred lives for one was regarded j^oor paynn^nt, 
 and such impious justice soon swept them away. 
 
 Utah had much law and few people; California had 
 many peojde and little law. I do not speak as in 
 relative numbers, but as to the relative intelligence, 
 force, and capabilities of the people. California wa- 
 little cursed by superstition; probably there never 
 were assemlded from all nations a greater number 
 whose minds weie so enfranchised from the tyranny 
 of ancient traditions, and whose thouglits wore s<i 
 free. In such a society we may confidently look lj(jtli 
 for evil-doers and for those possessed of will and 
 strength enough to punish them. The true followci> 
 of the prophet could never do wi'ong; they were not 
 endowed with wit, wisdom, and energy sutheient for 
 the achievement of great wickedness. Tliis, however, 
 applies oidy to the earlier immigrants, whose miiid- 
 were at first dazed under the illumination of tin 
 bright skies of Utah, bein^ so suddonlv transformed 
 thither from the dark places of Euroi)e and America 
 It cannot be truthfully saiil of the people of Utah 
 that they were long non-progressive. Behold even 
 now, as their vestments ai-e becoming somewhat 
 <;leansed of the ditch-water of England and Germa?iy 
 bv the pure springs of their American oasis, do they 
 
EARLY SOCIETY OF NEVADA. 
 
 «7 
 
 rer be any 
 respectable 
 as certainly 
 rentiles. 
 Unlike tin' 
 crn Mexico. 
 y the Sacra - 
 defenceless, 
 was not ab- 
 f fear of the 
 y inhabitin<4 
 [ to retaliate 
 leni; should 
 a wrong, u 
 )or payment, 
 n away, 
 'alifornia liad 
 spi-ak as i'> 
 ! intelligence, 
 'alifornia was 
 there never 
 niter inunber 
 the tyranny 
 rrhts were so 
 itly look both 
 of will ap'l 
 rue follower^ 
 ley were net 
 sutheient fur 
 'his, however, 
 whose mind- 
 lation of tin 
 transforniei'l 
 and America 
 Dple of XJtali 
 Behold even 
 ig somewhat 
 aiul German V 
 oasis, do they 
 
 .^ not keep faithful vigil over what they deem the 
 m liighest and holiest gifts that ever deity delivered to 
 1 man? And is not their material improvement to 
 I some extent the outgrowth of their steadfast devotion 
 to their religion? 
 
 In society and morals the early days of Nevada 
 were a counterpart of the early days of California. 
 As illustrative of the attitudes of law, when law with 
 slow step and solemn demeanor drew nigh, and that 
 ])0])ular sentiment which in border communities seizes 
 so (|uickly the throat of a difficulty, there is told a 
 story of one of Nevada's governors, who had pardoned 
 a ))erson whom the citizens had voted a rope, and had 
 refused to pardon another who had shot hi.'-' man, 'only 
 ill play like.' This did not at all suit the jtopular idea 
 of propriety. So the people of Virginia, wlio by this 
 time had acquired the name of the 'cussedest ciowd 
 in Christendom,' and who regai'ded It as not un- 
 reasonable to expect from their landlord every morning 
 'a dead man foi* breakfast,' came indignantly together 
 to fjee what should be done. After discussing the 
 natter potationally and at length without arriving at 
 nv salisfactorv conclusion, one of their number arose, 
 nd witliout saying a word, cut from a new rope a 
 ieee several inches in length, and labelling it, '*For 
 is Excellency/' despatched it to the govei-nor. This 
 as sufficient; the meeting adjourned .satislicd. 
 For some time after the acquisition of the country 
 oin Mexico by the United States Government, under 
 eatyof Guadalupe Hidalgo in 1848, Nevada formed 
 art of the territory of Utah, from wliich it was 
 l»arated by Act of Congress approved March 2, 
 8(;i. Jkit as early as 1857 the inhabitants of 
 evada had endeavored to sever their connection 
 P'ith ]\Iurnion rule. Delegates to Washington urged 
 'le establisliing of a separate government. Mean- 
 le the discovery of silver at Vir^jcinia in the sum- 
 ner ot 18G9 Ijrought in a large mixed class, rougher 
 
58 
 
 ENGENDERING CONDITIONS. 
 
 and inoro reckless, if })ossiblc, than that composing 
 the Calitornian Inferno. 
 
 A district judge apjxtinted for Utah was assigned 
 tliis portion of the territory, and began his duties in 
 18G0, but confusion and insecurity were httle lessened 
 thereby. Finally, on the .'jlst day of October, 18G-I, 
 Nevada was admitted as a state; but several years 
 elapsed before efficient courts of Justice succeeded 
 in intimidating crime, ^[eanwhilc the peo[)le wer^ 
 obliged to administer punishment in their own way or 
 give the land over to desperadoes. 
 
 As early as 1848 a few families, mostly Mormons, 
 settled in the valleys of Carson and Washoe. In 
 answer to the mandate issued from Great Salt Laki' 
 in 1855 for the faithful everywhere who would escajn' 
 the destruction shortly to fall uj)i)n the gentile world 
 to gutlier beneath the many-wived shepherds' wings 
 at the city of the Saints, sacrilicing their homes, 
 with alacrity they obeyed; after which time the ch;ii- 
 aracter of the settlers of that ])ortion of the territoi v 
 changed. A more lawless class occupied the fariii^ 
 which the Mormons had cultivated, antl the e\il 
 clement was increased l)y the overland travel which 
 dropped among them an occasional ruffian of the 
 hiirliest attainments. 
 
 I 
 
 The progress of settlement in the tcri'itory of Oregi ii 
 was slow in comparison with that of almost all otlui' 
 portions of tlie west, but it was sure and ]X'rmaneiit. 
 The arts and usages of civilized society introduced l>v 
 the Hudson's ]^ay Company and continued by thf 
 Northwest Company were simple and crude; and 
 those of the agricultural settlers who succeeded the 
 fur-hunters were but little better. 
 
 Far different froni the hot-house development I'f 
 California, Idaho, and Nevada was that of Oregon ninl 
 Washington, if we except the comparatively smnll 
 mining districts within these territories. While the 
 former were rioting in their easily acquired wealth, 
 
THK NORTH PACIFIC COUNTRY. 
 
 sg 
 
 t compoHinj;" 
 
 ^vas assigned 
 his duties in 
 ittle lessened 
 L'toher, 1804, 
 several years 
 20 succeedei I 
 people weri' 
 r own way tn' 
 
 ly Mormons. 
 ^Vaslioe. Ill 
 at Salt Lake 
 would escajii' 
 ovntile worlil 
 )herds' win,L;>^ 
 their homes, 
 ime the chui- 
 the territoiv 
 ed the I'ariu- 
 uid the evil 
 travel whi<li 
 Liftian of till' 
 
 orvof Orea'«'ii 
 iiost all otlu I' 
 
 I permanent. 
 
 ntroduced liv 
 
 inued by 11 if 
 
 crude; and 
 
 uccoedcd the 
 
 velopment I'f 
 t' Orejxon .'ind 
 
 11 
 
 ativcly sni.iU 
 Wiiile Ihc 
 uircd wealtli, 
 
 o-and.liiin-, drinkinir, speeulatino-, flin^nng their big bags 
 of g(jld-(hist hither and thither as if it was of all things 
 the least valuable, tlu; territories north were }tlo\ving 
 tluir tough acres and plodding over their severe task 
 of subjugating nature. Little foothold erime had 
 tliere. TliLie was nothing to steal. Cattle were not 
 worth much; the ground could not be carried away; 
 au<l houses were so far a}iart, and savages so bad, that 
 thi' horse-thief would be more likely to starve than to 
 get ;i\\;iv safely with his jdunder. So that during the 
 time the mining states were suifering so severely from 
 the inroads of crime, tlie agricultural states of the 
 Pacific were almost wholly exem[)t. Nevertheless 
 iitful s])asms of arbitrary justice broke forth at in- 
 tervals in the staid cold-water state. 
 
 fdaho belongs to what was once po])ularly called 
 the I'ppei' Country, aboriginally occupied by dusky 
 rices which tji" :t l)ecame l<nown to I'^uropeans througli 
 the adventurous trapj)ers who ]>enetrated those wilds. 
 Ijv the magic ])ower of gold, discovered on the banks 
 of the Pen d'Oreille Kiver by a French Canadian in 
 I s j'J ; discovered in yet greater (|uantities at Oro Fino 
 by a ])artv of eleven men in the summer of 18G0, this 
 wilderness was opened to civilization. 
 
 l'\)llowing the discovei-y of gold at Oro Fino, 
 twenty-live j)ersons wintered at that }>lace, cut oft* 
 from all intercourse with the world without. The 
 s[)ringof 18(!l saw two individuals on their way to the 
 new gold-lields, and emigration led to the linding 
 of rich placer mines at Florence, on the tributaries of 
 Salmon River, at Warren's Diggings, and elsewheie. 
 By the 1st of January, 18(13, twenty-five hundred 
 men had found their way into Boise Basin, the largest 
 and richest placer-mining region discovered up to this 
 time outside of the limits of the valley of California. 
 To the first town established in Boise Basin was given 
 the elegant and euphonious name of Hog'em, after- 
 ward changed to Pioneer City. In Boise Basin are 
 
60 
 
 ENGENDERING CONDITIONS. 
 
 hil! 
 
 \U,i' 
 
 likewise the towns of Centruville, Placerville, and 
 Idaho City, at first called Bannock City. About 
 thirty miles south-west from Idaho City, on the Boise 
 River, is Boise City. In the southern part of the 
 territory were the quartz and placer mines of Owyhee 
 County, discovered in the spring of 18G3 by a pros- 
 pecting party from Boise Basin under one Gordan. 
 In the Owyhee district were Silver City, Ruby City, 
 and Boonville. 
 
 Up to the beginning of 18G3, Idaho, as a territorial 
 division of the United States, had no existence; but 
 drawn bv its newly found wealth to the attention of 
 ])olitical aspirants by act of congress approved the 
 3d of March, 1 8G3, the territory of Idaho was created 
 from contiguous i»ortioiis of Washington, Dakota, and 
 Nebraska. It is a wild, mountainous region — the 
 term Idalio signifies Gem of the ISIountain-r-well fitted 
 for wild, roving men, but rich enough withal in those 
 metals that civili:^ation covets to set wrangling and 
 blood-lotting a goodly number of the lovers of disorder. 
 
 As early as 18G2 the people of Lewiston effected a 
 regular and comjilete vigilance organization. Books 
 were ojioned for the enrollment of the names of such 
 as desired to become members of the association. 
 Tlie list ra})idly swelled, and the Lewiston Vigilance 
 Committee proved a most efficient institution for the 
 punishment and suppression of outlawry. In other 
 localities, also, the people found it necessary to organ- 
 ize for mutual protection almost as soon as they had 
 come too-ether. 
 
 Montana was once a part of Idaho, and nowhere 
 were popular tribunals more necessary or their execu- 
 tions more numerous. Colorado, likewise, during the 
 earlier develojnnent of her mineral resources per- 
 formed anew the noM- stereotyped tragedies of the 
 Pacific States. 
 
 But we must go to California if we would examine 
 these extra-judicial phenomena in the freshness of 
 their first appearing. 
 
f 
 
 erville, and 
 ty. About 
 ,n the Boise 
 part of the 
 \ of Owyhee 
 J by a pros- 
 )nc Gordan. 
 Ruby City, 
 
 i a territorial 
 istence; but 
 attention of 
 pproved the 
 I was created 
 Dakota, and 
 region — the 
 1— well fitted 
 thai in those 
 rangling and 
 s of disorder, 
 on effected a, 
 :ion. Books 
 ames of such 
 
 association, 
 on Vigilance 
 ution for the 
 y. In other 
 :iry to organ- 
 
 as they had 
 
 ind nowhere 
 
 their execu- 
 
 !, during the 
 
 ^sources per- 
 
 edies of the 
 
 3 
 
 uld examine 
 freshness of 
 
 CHAPTER IV. 
 
 SIGNIFICATIONS OF STORM. 
 
 Cada uno C3 como dios lo hizo, y auii poor muchaa voces. 
 
 Don Qnijote. 
 
 In the absence of that vis vltce which crowds out- 
 ward and onward progressive intelligence, there can be 
 no groat demonstrations of evil, except as it appears 
 in the form of fanatical fermentations. A comnuinity 
 too lazy or too stupid to improve breeds few skilled 
 villains. 
 
 There is scarcely an instance on record wlitn^e the 
 Hispano-Californians, before the advent of foi.igncr.s, 
 indulged in popular tribunals. The liijoH del pah, as a 
 rule, were in favor of letting the law, as well as every- 
 thing else, take its own course. Xevertheless, revolu- 
 ti<ju was chronic here as elsewhere throusrhout the 
 
 1 • • • • 
 
 donunion of republican Mexico. Bad governors sent 
 among them they resisted, and usually with success; 
 but their political integrity- vindicated, they left the 
 administration of justice to legitimate authorities. 
 ()l>udlonee to the laws was taught them as a religious 
 .duty; and as they were superstitious in their religion, 
 So Were i\\Qy in their obedience to law. I find on 
 [record an incident that occurred at San Diego the 
 2Gth of March, 1833, which was a military move- 
 ment rather than a popular demonstration, thougli 
 frequently the two terms were synonymous. Antonio 
 Alipjls, private of the presidial company of Loreto, 
 was under arrest at the guard-house at San Diego, 
 when, between six and seven o'clock in the evening, 
 
 (61) 
 
^ 
 
 m 
 
 SIGNIFICATIONS OF STORM. 
 
 B-ll-.' 
 
 Tnocencio Arhallo, corporal of tlio same company, with 
 seven privates, all armed and mounted, rode up to ^lic 
 LMiard- house and demanded of the seiufeant com- 
 niaiidini^ the delivery of Alipsis. The sei'^^eant re- 
 fusing, the soldiers forced the guard-house and took 
 the [irisoner with them. 
 
 From 1810 to 184(!,tliat is to say during the entire 
 j)eriod of ^Fe'-xiean domination under the I'einiMic, 
 there were but six munh^s among the whiti^s in all 
 California. .\s in tlu; golden reign <»f iOngland's good 
 King Alfri'd, a log cabin could hold all the criminals 
 in the country. There were tlien no jails, no juries, 
 no sherilfs, law ])rocosses, or courts; conscience and 
 public opinion were law, and justice held an evenly 
 balanced scale. During the seven years succeeding 
 1850 there were in Los Angeles countv alone some 
 tifty murdi'is, without taking Indians into the account. 
 What was the cause of it.'' The native Calil'oinians 
 were niost of all horrilied at the change, and yet tlie 
 native Califoi'nians, witli the assistance and under the 
 tutorage of their brethren of Sonora and other parts 
 of northern Mexico, did mo.st of the robbing and 
 murdering. They M'cre horrified that 'society had 
 so changed, not thinking that they had changed. 
 The advent of foreigners, some of whom were evil- 
 minded, was the signal for a new departure. The 
 Californians were excellent horsemen; they knew all 
 the retreats and passes of the mountains; throughout 
 the entire rcij^ion the settlers were their relatives and 
 friends, mIio spoke their language. ]\Iany of the 
 Americans treated them badly; retaliation was natu- 
 ral and escape easy. Such is the origin of the matter. 
 
 From original documents in my possession I take 
 the following account of the doings of what may safely 
 be called the first committee of vijjilance in California. 
 It is, moreover, the only instance of summary illegal 
 jtroceedings in this territory under Mexican rule; 
 and this, I might say, was almost wholly an affair of 
 the cstraiKjerits. 
 
mpany, with 
 >ile uj) to ^lio 
 •ijft'ant com- 
 sergeant re- 
 st' ami took 
 
 ig the ontiiv 
 he I'opilMic, 
 vhitus in all 
 ghuid's good 
 he crimiiials 
 s, no juries, 
 isfienee and 
 d an evenly 
 1 succeeding 
 
 alone some 
 the account. 
 Calilornians 
 and yet the 
 d under the 
 
 other parts 
 obl)in<»' and 
 society had 
 d changed. 
 
 I were ovil- 
 rture. The 
 ?y knew all 
 throughout 
 jlatives and 
 inv of the 
 
 II was natu- 
 tlie matter, 
 sion I take 
 : may safely 
 L California, 
 nary illegal 
 xican rule; 
 an affair of 
 
 ,i 
 
 
 r,0.\HI> OF I'URUC SKCURITY. 01 
 
 To certain foreigners jnesent at the time, Temple, 
 rnidon, and others, rather than to the llispano- 
 ("idilonuans themselves, this trilmnal and its calm 
 iind oi'drrly carriage was due. Left to the super- 
 stitious \vorshipi)ers of church and state, the })opular 
 dfUionstration had not been; or if it had occurred, 
 it would have Ijeen attended by gro.ss excesses, 
 .sucli liiiiig the character of blindness and bigotry — 
 cowMidicc Hrst, then insane savagery. 
 
 Oil tlu' ii«th of March, l8o7, J)omingo Foliz, a 
 pool' raiichiro, but a man of good repute, while on his 
 way from Los Angeles to his rancho, and acconi pained 
 by his wife, ^Faria del llosario Villa, was attacked 
 and slain by ( Jci'vasio Alipas, a man of notoriously bad 
 character, aided and abetted by tlie woman. 1^'or 
 some two years previous to this tinier tlui murderer 
 had been living in shamelessly open adultery with the 
 woman, and oiilv the dav bcl'ore the nuu'der had her 
 liusband, invoking the aid of the alcalde, been able to 
 se])arate lier I'rom her paramour, who swore to take 
 speedy vengc>ance. A committee of citizens was sent 
 hy the alcalde to fetch the corpse. Horror and in- 
 • lignation took possession of all minds, and while for 
 the murdered man the mercy of God was imploivd, 
 c\cni])larv jtunishment for his nnu'derers was debated. 
 
 Tliat night Alipils and the woman were securely 
 lodged in jail. Some were desirous that the criminals 
 should b(j innnediately executed ; but their ardor was 
 re-trained by the greater prudence of (others, who 
 reminded them that such proceedings could only bo 
 I'xcused on the ground of necessity, and when canied 
 out; with coolness and in accordance with the rides 
 and ])iinciplcs of strict justice. 
 
 The wisdom of these suggestions was acknowledged, 
 and the threatened outbreak checked. On the aoth 
 the iuueral of Feliz took place, and the occasion gave 
 rise to a renewal of the popular clamor. Nothing 
 but the assassination was talked of, and the sentiment 
 was fully ajiproved that an example was necessary to 
 
64 
 
 SIGNIFICATIONS OF STORM. 
 
 prevent the possible occurrence of similar crimes. 
 But holy week was at hand, and it was thought it 
 would be tantamount to sacrilege were the blood of so 
 foul an assassin to stain the remembrance of that most 
 solemn of tragedies. Therefore the first work-day 
 after caster, which would be the 6th of April, wa> 
 fixed on as that of the execution. A heavy storm 
 which raged during the whole of that day made post- 
 ponement necessary, but on the 7th, at an early hour, 
 the most respectable men of all classes of the com- 
 munity assembled at the house of John Temple. 
 A Junta Dcfensova de la Segundad Puhlica, or 
 Board of Public Security, was organized. Victor 
 Prudon, by birth a Frenchman, but a naturalized 
 citizen of Mexico, was chosen president. Manuel 
 Arzaga, ex-secretary of the town council, was elected 
 secretarv, and a retired officer of the arniv, Francisco 
 Araujo by name, appointed military commandant. 
 
 On taking the chair Prudon said that the aims 
 of the junta were laudable and beneficial, just as 
 well as necessary; that they had their origin in 
 the groat underlying priiiciple of natural law, self- 
 preservation ; that oven the government must acknowl- 
 edge that tliis action wan a necessary compliance with 
 duty; while the result might be the establishment in 
 the territory of what tlie people had earnestly and 
 repeatedly asked for, a superior tribunal clothed with 
 full powers to supplement thorough investigation by a 
 final sentence in all grave cases of crime. He con- 
 cluded by recommending order, the preservation of 
 which was their chief end, since they were defenders, 
 not ofl^enders. Speeches were also made by the 
 military commandant and others, and lengthy reso- 
 lutions, embodying sentiments akin to the above, 
 unanimously adopted. It was then determined that 
 both the man and the woman should be shot. The 
 junta was declared to be in permanent session until 
 such time as the object which called it into beinuj 
 should be accomplished, and measures to that end 
 
ACTION OF THE JUNTA. 
 
 68 
 
 ilar crimes, 
 thought it 
 blood of .so 
 
 f that most 
 
 it work-day 
 April, was 
 
 leavy storm 
 made post- 
 early liouv, 
 
 3f the coni- 
 
 hn Temple. 
 
 Piihlica, or 
 
 ed. Victor 
 naturalized 
 
 it. Manuel 
 was elected 
 
 y, Francisco 
 
 Liandant. 
 
 it the aims 
 
 ial, just as 
 
 r origin in 
 1 law, selt'- 
 
 istacknowl- 
 liance with 
 ishmcnt in 
 
 mostly and 
 
 othed with 
 
 gation by ii 
 
 He con- 
 
 orvation of 
 
 defenders, 
 
 dc by the 
 
 gthy reso- 
 
 the above, 
 
 lined that 
 
 hot. The 
 
 ssion until 
 
 into beini,^ 
 
 that end 
 
 rcTC after discussion unaniinousl 
 two oVloek a sub-committoi 
 
 V concurred m. 
 
 At 
 
 itl 
 
 f th 
 
 ■-* 
 
 )e, with a copy ot tne 
 resolutions, waited on the alcalde, who tliereupon 
 Iconvened the town council. At three o'clock, no 
 Iconnnunication liaving been received from the al- 
 caMe, a message was sent by tlie junta to that official, 
 inotifving liim that the time allowed for his action had 
 Relapsed, and iufornung him that the resolutions of the 
 uiita were about to be carried into oT-.'ct. No answer 
 ,vas returned; but the second alcalde, accompanied 
 iby the treasurer and another member of the council, 
 ppeared bifore the junta and desired to be informed 
 if that Ix^dy I'ccognized the legally constituted author- 
 ties, and if so, wliat might bo the significance of this 
 llegal assembly of armed men. The former question 
 as answered in the affirmative, and the answer to 
 he latter, the magistrate was Informed, was contained 
 in the resolutions which had been sent to the first 
 alcalde. 
 
 At liair-])ast three, by order of the junta, peaceable 
 
 possession of the guard-room of the jail was taken. 
 
 No answer had yet been received from the first alcalde, 
 
 it hough he had sent a mend)er of the council to invite 
 
 he president of the junta to a conference, to which 
 
 t'i|uest answer was made to the eU'ect that, apart from 
 
 he Junta, the pros! lent was not at liberty to enter 
 
 nto negotiations. At four t)'eloek both alcaldes made 
 
 heir a]i[)eaiancc before the junta; a resolution of the 
 
 ouiicil ('ondemnatory of the proposed illegal action 
 
 ts rrad, and an attempt made to dissuade the junta 
 
 roiu its puri)ose. Convinced that their efforts' were 
 
 •less, the authorities withdrew, after enjoining on 
 
 linsu jiresont the preservation of order, anil receiving 
 
 he assurance that all measures necessary to that end 
 
 lad been taken. 
 
 Hepeated messages requesting his presence for 
 piritual i)urj)oses in this connection at Los Angeles 
 lad been sent to Father Cabot of San Fernando,'^ but, 
 although he promised so to do, he did not come. 
 
 Toi'. Tmi)., Vol. I. 6 
 
) 
 
 66 
 
 SIGNIFICATIONS OF STORM. 
 
 The junta would wait no longer; the confession of 
 the criminals must be dispensed with. 
 
 The military commandant was more compliant 
 than the alcaldes; he caused arms to be given to tlic 
 firing party, and gave orders necessary to the occcosion. 
 At halt-i)ast four the president of the junta ordered 
 Alipas to be brought forth for execution. Already 
 his irons had been filed so deeply that a single blow 
 of the hammer released his hands. The man was 
 then shot, and after him the woman. Thus solemnly 
 was j)erformed this first summary act of justice in 
 California. 
 
 Mr John S. Hittell, as related in his Iliston/ of S(i,> 
 Frdncisco, was informed by Jacob P. Leesc that early 
 in 1836 one Verdugo applied to the alcalde of ].(;s 
 Angeles for an order to recover a deserted wife. Tlir 
 order was grantetl and the wife recovered. On th 
 way to his rancho Verdugo was murdered by the wife 
 and lier paramour. The nmrderers were taken, triid. 
 and executed by the people, the alcaldes, Maiiud 
 Ile(]U(!na and Abel Stearns, intcr})osing no objections. 
 Probably Mr Leesc referretl to the same affair the 
 account of which I have ju.st given. 
 
 Although gold was found by ^Marshall at tlio 
 Coloma saw-mill in January, 1848, it was not until 
 midsummer that the people of California would Ik- 
 lieve the discovery worthy their consideration. AVhcn 
 fully alive to its importance they dro}>ped their several 
 occupations and set out for the Sierra Footliill- 
 Everybody went. First the settlers and immigrants: 
 fur-hunters turned to hunting gold, and the Monn(iii> 
 paid Mannnon their respects for the moment. TIkii 
 Benicia, Sonoma, San Francisco, San Jose, .nul 
 ]Monterey were quickly depopulated. And as the 
 ti(Ungs travelled southward, ami bags of the wor^liip 
 ful dust were displayed to the gaping crowds, Inn- 
 (jf diggers were formed from more distant pLtres. 
 Many of these persons were known to each otlar: 
 
Tin: cm: AT gold discovkry. 
 
 67 
 
 confession of 
 
 irc complianl 
 ; given to tlie 
 ) the occasion, 
 junta ordered 
 ion. Alreaily 
 a single blow 
 The man was 
 rhua solenuilv 
 ; of justice in 
 
 niston/ of S(t,i 
 2eso that cavly 
 ilcalde of Lis 
 ted wife. Tli< 
 cred. On th 
 •ed by the wife 
 re taken, tried, 
 paldes, Mamal 
 no objections, 
 anie alVair tho 
 
 irshall at the 
 was not until 
 lia would loc- 
 ation. ^VlK•n 
 <l their sovi'ial 
 rra Footliill>. 
 id immigrants; 
 the Monu<ni> 
 onient. Tlun 
 an Jose, Mini 
 
 And as tlio 
 f the worshii'- 
 
 crowds, lini> 
 iistant pliirt's. 
 :o each otlar: 
 
 fw ((f tliem were wholly unknown; most of them 
 
 were resjKctaltle. They wore not thieves, but honest 
 
 nieii, who had come into this bright wiMcniess to dig 
 
 fill- gold, and not to defraud their neighbors. Peace- 
 
 nltlv ami in the primitive way cacli for himself i)icked 
 
 the ]»reeiou.s suhstance from river-beds and crevices, 
 
 washed it from the sands that lined the streams, or 
 
 ifcoiight a spot in which to dig tor it, with no desire to 
 
 ■cneroach on ground chosen by another. Rights w^ere 
 
 respected; theft was unknown. A pick or shovel 
 
 thrown upon the ground, sticks driven into the earth, 
 
 or a written and posted notice to the effect that a 
 
 ■certain spot was elaimod, was sufficient to secure it 
 
 against all comers. Miners lived nuich in the open 
 
 ail-, in cloth tenements, or under bushes, or in rude 
 
 huts, yet they left tiieir goUl-dust in bags or bottles 
 
 miguai'ded in their tiMit or cabin. The merchandiso 
 
 of the trader was secured only by walls of cloth which 
 
 might b(.' opened with the greatest ease at night by 
 
 means of a pocket-knife. Goods stacked up by the 
 
 roadside, miles from any mining-camp, remained un- 
 
 Misturhcd for weeks or months. Horses and cattle 
 
 ;wi'ie safe on ranehos or by the roadside. So in tlie 
 
 I tow lis wliich sjn-ang suddenly into existence, the 
 
 irig'.its of projierty were respected, with no thought of 
 
 penalties. After the winter rains had ceased and 
 
 watei- for washing gold had disappeared, in certain 
 
 localitit^s piles of rich dirt were thrown up, like garden 
 
 b (Is. to he washed out when rain should come again. 
 
 Till High often the result of great labor, and containing 
 
 iiiueli wealth, these heaps lay undisturbed throughout 
 
 the summer, and when autumn came fell to their 
 
 fright I'll! owners. Differences of opinion were settle«l 
 
 by 'leaving it to the crowd.' The ima^e of a }>atron 
 
 saint was nut more safe from desecration at the hand 
 
 ot its tlevoteo than was the property of miners from 
 
 rohhcry hy brother miners. "Men have frequently 
 
 al)out their ])ersons thousands of dollars' worth of 
 
 this gtdd," writes General Mason in his official report, 
 
fiiilf) 
 
 il'lii^!' 
 
 flt SIGNIFICATIONS OF STORM. 
 
 "and it was to mo a matter of surprij>c that so pcaco- 
 i'ul and (juiut a state of things should continue to 
 exist." And so it was tlie first comers found luiv 
 less discord than existed anywhere else in Christen- 
 dom. Would all men were honest; would that ser- 
 pents had never cre[)t into this Eden I 
 
 .Vt the seaport vessels arrived faster than tluir 
 eargt)es could find accommodations on shore, a?id giciii 
 (luantities of merchandise of all kinds was discluugtil 
 and piled up ;dong the beach, all around Yerha B'i< iia 
 Cove, from Clark Point to Kincon Point. Much (■!' 
 this mercluiadise Avas valuable, and all of it wholly tx- 
 [tosed. Yet all this time there w'as scarcely a luck 
 on the door of any dwelling, store, or warehouse iu 
 the town of San Francisco. JJuriu; >• this trulv "-oldeii 
 a<:fe of lair intcijrity it seemed never to occur to these 
 honest folk that tlx.^re W(!re any in tlie world \\]\i> 
 wanted wrongfully to take IVom tliem their jtrojieity. 
 A resident assures me th'it tlieio was but one case 
 of theft at San Francisco prior to ()ctt)ber, lM-19. A 
 Mexican stole some Maiikets from Pollard & ]>;i!i- 
 dalTs yard, on Clay street, for which he was publicly 
 whipped on the plaza. 
 
 Vet earlier than, this San Jos«j struck a niiini; 
 blow for legitiniato jusftice. Thomas Fallon, in 
 coming down from the mines to San Jose, canlul 
 t\vent\-iive hundred dollars in gold-dust secntr.l 
 about his person and seven oui\ces in his pocket^ 
 On the '22d of .December, 1848, he camped near Sai; 
 .loso Mission with three Americans, whose a]»|n;i> 
 a nee he thought suspicious. He talketl with them iii 
 a confidential way and told them lie liad been von 
 successful in mining; that ho had started with fiii- 
 sideraljle gold, ijut a few days before had sent :i 
 man forwa?-d with all his money to i)Uy cattle. T!i<^ 
 traded horses, Fallon giving them six out <n tli' 
 seven ouiict?s which tlu^y supposed t(» be all he Iki'I 
 The Americans or 
 
 rocee( 
 
 led on tiieir wav au'l oveitnoK 
 
 tw(j (jl^vruuius with iiuht tluAisand dollars, whom tin.' 
 
 o 
 
 W"i' 
 
 ^^ 
 
ABSENCE OF LAW. 
 
 fi 
 
 that so peaco- 
 1 continue \'< 
 rs fouiul lifiv 
 . in ClirisUn- 
 auld that sd- 
 
 xr than tluiv 
 lorc, and gn^t 
 ^vas (hrtchar;4t "l 
 LlYcihaB'Mia 
 )int. Miu-U nf 
 jf it wh(illy fx- 
 scarcely a I'hk 
 r warehouse iu 
 lis truly goldi-'U 
 
 occur to thua' 
 the world wIk' 
 
 1 their itr(.]>city. 
 ftf3 hut ono »'.'>'■ 
 toher, 1H40. A 
 Pollard & H;'i> 
 he ^^as puhluly 
 
 struck a maui; 
 iiuxrt Fallon, i" 
 an Jose, carvii'l 
 l-dust secvrtv.l 
 in his pockot' 
 anipcd near Sai; 
 whoso a]i]";i' 
 h1 with tht'iii ;.' 
 had hocn vi"' 
 tartod with •" ''• 
 ore had sriit ;i 
 uy cattle. Tlu^ 
 six out <>i ''■ 
 t,, !,o all hv 1':"' 
 vav and ovevtn' '^ 
 ilars, whoia l!i^}\ 
 
 shct, killini^ one, the other, though wounded, escaping 
 to San Jose. He re])orte(l his adventure, and searcli 
 J^'iis at once made for the rohhcrs, who were caught 
 Jwitliin a lew days. They were taken to the alcalde's 
 couit. wluro one of them confessed numerous crimes, 
 »i<l said lliat Fallon saved his life hy misleading 
 hem to the l»elief tliat in the horse-trade he had used 
 tli<' money that ho had left. They were all hange<l 
 Ml the plaza three days later, in January, 18-Jl). 
 ^vnn this time crime a!>out San Jose increased, and 
 ixtM'iitiMiis there hccan\e numerous. 
 
 Dining the autumn of 1848 tliore were no such, 
 lings iiiong the Sierra Drainage as government, law, 
 iv.-courts, statutes, constitutions, legislaturt!s, judges, 
 icrili's, tax collectors, or other otiicers of the law. 
 Jl were ithsohitely free; all were thrown upon their 
 )(•(( hc.JHiAior. And here appeared in its fullest ap- 
 llication the socioh)gical law of non-resistanco in the 
 bseuco of restrnint. Coercion implies antij>osition. 
 It is wliCM placed under lock and key that tlie stiougi.st 
 icsiii' to t.'scape is manifest, (.'oiitinc the insane and 
 jiey an; frantic; unlock the doors and knock off their 
 ^ttt-rs, and nine tenths of those most uiu'uly under 
 ;straint heccane tractahle. Crime is lessened, n«^»t as 
 imisiinunt is severe, hut as it is certain. French 
 ^hncl-lioys tmdtjr a system of esoioiiage become ti'icky, 
 [hile Engli.sh boys who are less governed beliave 
 jttci'. Debts of honor are usually preferretl to tlioso 
 \v paynniit of which may be legally enforced. When 
 )1«1 was the cuirency of California and legal-tender 
 a (liscitiiiit, indebtedness to sona; extent was })vyond 
 ^e icach of law and the courts, and the instances 
 M'' (wn paratively rai'e vv'hcrc an account was can- 
 tlied wuli the dejtrcciatcd currency. The jiencil 
 Mnoianda of mcnd)ers of the stock boanl are as 
 nding as theii- Mritten, signed, and scaled obligation, 
 these earlier ijold-huntinu' davs .strauLjers met as 
 most iurii, and a i'cw hours' acquaintance often 
 irliet'd to estahlish contidencc\ In the absence of 
 
! 
 
 m 
 
 !i 
 
 
 ill 
 
 i,:''- 
 
 70 
 
 SIGNIFICATIOXS CF STOR^^. 
 
 written law the higher law of probity governed inter- 
 course. Nevertheless, as it pleased the Almighty tn 
 make with the good men some few deserving i\w 
 halter, it is meet these latter should have it with tin 
 least possible ceremony. 
 
 However all this maybe, it so happened about tlii> 
 new society that with Law came Satan. Alcalde 
 courts were continued in the larger towns atUr 
 American occupation, and in the mines local justici 
 and constables were choson. But the diufj^ers luiil 
 little heed to them. They were preoccupied aiul 
 migratory; let the devil look to his own. Even tli 
 merchants of San Fi-ancisco seem never to liav 
 thought of bolts and bars, until one day James Xoali 
 iished up a lot of old locks sliipj)cd by a shrew; 1 
 Englishman on board a vessel whicli broui,dit to 'lui 
 shores a score or two of Australian convicts. AVIh :i 
 j)eople began to lock their doors, thieves began 1 1 
 steal. Wiiy were goods bolted in, they might ask, 
 if thcv were not to be stolen; and what were loelv? 
 for if not to be broken by thieves? 
 
 This coming of the rascals — I su])pose it mui-^t K 
 talcen in common with everything else that is, as Ini 
 the best. Their influence on California, on lli 
 clinracter of the men wlio made society, was mar';" 1 
 and perpetual. Good men are made stronger by tl: 
 presence of bad men; else the kingdom of evil Imi 
 been long since overthrown. 
 
 Criminals and convicts, as wo have seen, vv^cre nut 
 the first to come. Thcv were not among tlie iiiit>t 
 intelligent or enterprising of those wlio heard of {\w 
 wonderful disco\'ery, and lience were not the iirst t" 
 move. ]^ut in due time it dawned U})on their iniinr 
 that a gold-yielding wilderness without jail or gallow- 
 nnist be the very paradise of thiexes. And as ii 
 preiaeditated villainy might hv sanctified by nuniluis. 
 with the nmltitudes of honest and Drderduving uku 
 hither came in crowds from the purlieus of criim. 
 
SOCIETY IX THE MIXES. 
 
 ^ 
 
 from convict colonies, human reptiles, ci!iptyin<]f cities 
 of their shun, and trailing their slimy course through 
 lour lair \ alleys and into the newly occu})icd canons, 
 ready to sacrilice the here and the hereafter, if need 
 I be, so they might, like Ethan Brand, achieve the 
 unpardonable sin. In their simplicity the previous 
 I occupants of the Foothills might have asked with old 
 I Nestor, "Pray, friends, are you pirates?" But there 
 was plenty of gold in the gulches to be had for the 
 "athcring. When it could be picked from crevices 
 and river-beds, and washed from bars and banks, what 
 inducement v/as there to steal it? All the same, the 
 better-minded leai'ued all too soon that there Avere' 
 those ill the world who loved to steal, even when 
 ll()^e^;ty beiter served their avarice. There was 
 enticement in the thought, excitement in the effort, 
 j;»y-tinglings attending success, and in case of fail- 
 ure — wliy the best of us have soon to make our final 
 reckoning with ^^ime. 
 
 With the classic days of 1840 came new jiilgrims, a 
 thousand ship-loads of them, by sea and land. So 
 that midsununer saw in the towns which had so 
 f^uddenly assumed pretentious pro])orti()ns, and in the 
 long line of mining-cam))S which had risen like Jonah's 
 goui'd aloJig the Sierra JJrainage, hordes of eager njen 
 (tf every nation, color, ami caste under heaven. There 
 wwe honest men and knaves, pious men and blas- 
 ]ilie!ners, learned and ignorant, rclined and l>rutish, 
 humane and merciless. Every trade and profession 
 w;is represented — lawyers, doctoi-s, and preachers; 
 thieves, iimrdercys, and gambliTs; bakers, liar-keeju'rs, 
 and butchers; loafers, highwaymen, and pi'i/.e-lightei-s; 
 lioisi-iockeys, bankers, pedtllers, grocers, and black- 
 smiths -a human mess which even Mercury would 
 doselv eve before i)itc!iing them into Charon's boat; 
 
 these. nia(K' sj)icy by a sprinkle of female frailly, 
 com|)riseil the population. Jhit by i'ar the hiiger 
 ))art were order-loving men of pronouncx'd morals 
 Add to these those of passable iiiten- 
 
 and inte<nitv 
 
i 
 
 ufi 
 
 I 
 
 ,1". • 
 
 li 
 
 72 SIGXmCATIOXS OF GTOIIM. 
 
 tlonR and ctllhy lionosty, who never take what they 
 cannot roach, nor indulge in drink stronger than 
 strychnine vvhi.skey, nor bet more than a dollar at 
 nionte on Sunday; who attend church when houses 
 of ill -lame are closed, and whose word is as g(jod as 
 their bond because neither is worth anything — throw 
 into the scale on the side of virtue this \av*fo i)ur<j:a- 
 torial element of soi-disant good men, and the genuine 
 lirst-class villains of the true metal and clear ring were 
 comparativel}' few. 
 
 ]>ut these caused trouble enough. Landing at Sail 
 Francisco, they usually first made the tour of t!ie 
 mines and there formed the acquaintance of otluf 
 gentlemen of their profession, whose projects they 
 were by this time quite ready to join. And in this 
 new Held of enterprise everything seemed to favor 
 them. Besides congenial companionshij), and the ab- 
 sence of strong government, the physical as[)ect of 
 afilurs was all that the most ambitious could desire. 
 The nature of the wealth for which all were strivin;^, 
 gokUMi; the constant moving from place to place of 
 miners and traders, and the intermixtures of strangeis, 
 all tended to vliscourage inquiry, to facilitate tli'i 
 operations of outlaws, and allow them to move quickly 
 from [)lace to place without exciting suspicion. In 
 particular, the lonely and exposed condition of tl)j 
 roads throuuhout California, and the lan>'e amounts 
 of treasure constantly ]>assing over them, oft'eiid 
 alluring opportunities for highway robbery; and while 
 tliesti opportunities were not wliolly neglected, yet I do 
 not know that tliis crime has at any time prevailed to 
 a greater extent here than in any other sjiarsc ly 
 settled countiv. Stage-robbiiig as jiractised by the 
 j)roiossi()n in California, win iiither a chivalrous occii- 
 ])ation; the gentlmnen of the road risked their li\i';; 
 for whatever ha{)pcnc;d to be in the express-box, and 
 if no opposition was made tUey generally c(jntenti>l 
 themselves v.-itli this, and neither robbed nor insulli J 
 the [)assengers. 
 
 1 1 ft 
 
;c what tlicy 
 troiigor than 
 1 a dollar at 
 when houses 
 is as ^<K)il as 
 :hing — thn)\v 
 lai-go jmi'i^i- 
 1 the j^eiiuiiii! 
 oar ring wore 
 
 inding at Saii 
 
 tour of t!iL' 
 
 nc'o of otlui" 
 
 [)rojcots they 
 
 And in this 
 
 incd to favor 
 
 ), and the al>- 
 
 [cal as[)oct nl' 
 
 couhl dosir'. 
 
 ^veru striviu'j,', 
 
 to place nl' 
 
 ', of strangcis, 
 
 facilitate tli'^ 
 
 move quiclcl y 
 
 iis])icion. la 
 
 dition of tlu 
 
 irt>e amounts 
 
 hem, olfeitil 
 
 y; and wlii'o 
 
 cted,yet I <!i' 
 
 ) prevailed lo 
 
 her sparsely 
 
 •tised by t!i« 
 
 valrous occu- 
 
 m1 their livrs 
 
 •ess-l)ox, and 
 
 ily content 1*1 
 
 nor iuiiidltJ 
 
 CKIMIN.VL QUARTHUG. 73 
 
 Along these roads, during the heavy winter rains 
 of 1841> ;")(), were hundreds of mired wagons, laden 
 with supplies for the miners. Such was the nature 
 of the soil, so cracked with dryness in the sunnner 
 and so spongy soft in winter, that in the absence 
 of a beaten track a loaded wagon would sink to the 
 hubs almost anywhere about the skirts of the Foot- 
 hills. 
 
 1 fence arose two causes stimulating crime; the 
 mining-camps were short of provisions, and the sup- 
 ])lies intended for them were left exposed as a tempt- 
 ing bait to the hungry and forlorn. Add to this that 
 by I'eason of the extreme wetness of the season the 
 streams were so swollen that miners were driven from 
 their elaims, so that thousands, 'dead-beat and broke,' 
 as thi'V would sav, were obliijed to take rel'ui'e in the 
 towns and ijet thronu'li the winter as best thev could. 
 The epoch of crime in the interior may be said to 
 (lute from this time, and to have originated in a great 
 measure from these causes. 
 
 Sometimes in the spiiit and with the grace of 
 young bull-dogs, these adventurers of evil would 
 beM-iu tjieir grnibols iinmetliately they came ashore; 
 watching, for examj)le, the landing of their ca[)tain, 
 vJio liad incurred their disi)leasure during the Noyage, 
 Seizing and (lucking and beating him, if indeed they 
 idid not kill him outright. 
 
 The lOnglish convicts from Australia, who from the 
 jspi'ingof isp.) to the sunnner of 1852 were the worst 
 Uliiieiit intesting the ccmununity, made their head- 
 (jiiaiteis in San Francisco, at the base of Telegraph 
 llill, neai' the foot of Broadway. On one side rose the 
 hill, broken and rugged, thr(3wing out spurs in various 
 '(hreetioiis, and presenting in ])laces to the ripi^ing tide 
 a lt»{ty hhitl" on wliese sunnnit even the S(juatter ha 1 
 not yet ventured to perch his eyry; round the base 
 and up the little ravines were huts and tents not nuich 
 larger than kennels, and divers -fashioned dw« Uinga 
 
74 
 
 SIGNIFICATIONS OF STORM. 
 
 Jfa 
 
 huddled or scattered indiscriminately among low caba- 
 rets, and dance and drinking houses. 
 
 The rendezvous of the thieves, in the heart of this 
 district, was called Sydney Town. South-west of 
 Sydney Town was Little Chile, and farther yet in the 
 same direction China Town; the Hispano- Americans 
 cijngregating about Dupont, Kearny, and Pacitic 
 streets, and the Chinese at the intersection of Sacra- 
 mento and Dupont streets. Although Little Chile 
 supplied the comnmnity some criminals, the Hispaiio- 
 Americans were more a worthless and vagabond pjopk 
 than a vicious people. They were the early victims of 
 evil-minded Americans and the men of Sydney. In 
 Sydney Town during the day schemes were concocti;! 
 to be worked out during the night. The meetiiins 
 had their orators, and the pillaging parties thuii 
 leaders. Singly or in pairs they would perambulate 
 the unlighted and unwatched streets, robbing, du- 
 molishing, or murdering, as passion or fancy dictated. 
 They had a way of enticing or forcing their victims to 
 some eminence bordering the Bay, and thence hurliiii: 
 them to their death. The beach round the nortluiii 
 point of the peninsula was at one time little belter 
 tlian a golgotha, for the human bones washed uji there 
 by the tide or buried by the sand. 
 
 After the fire of May 4, 1851, more than ten 
 thousand dollars' worth of stolen property was re- 
 covered from these dens. Such a conflaLifration to tlie 
 thieves was like the finding of a carcass to vultures: 
 from their cesspool of corruption they swarmed in to 
 take advantage of the misfortune of otheng, to pluck 
 the unfortunate of the few eft'ects they had been able 
 to save. 
 
 And at the country towns it wcs proportionately 
 bad. These same malefactors, or others, would meet 
 in some suburban tent and there conspire against the 
 well-being of a society preoccupied, unorganized, ami 
 unprotected. 
 
 Upon the surface of society there did not all at 
 
ADVENT OF CRIME. 
 
 75 
 
 once ajipoar the feriiR'ntatiou fining on beneath. And 
 vlien i'l'oni tlie nuiss <(as-bubl)Ie.s were seen to rise, 
 they wei'e lij^jlitly re<.jarde(l as the monientary caprice 
 of liannlcHS (/nidnnnci. Gradually however the sac- 
 charine suhstance in this element of society iiudor- 
 went ( •hanL,^e,and the alcoliol and acid of open villainy 
 was only too soon apparent. 
 
 If we except a few irregularities in various parts 
 of the countrv, we mav date the advent of violence 
 in niidsuinnier, 1S40. The won^'or is that it did not 
 apjiear sooner; that the widely diverse and hetero- 
 j^eneous inj^redients of this mixture did not sooner 
 act on each other; that ignition and explosion did 
 not more (piichly follow. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
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 IM IIM 
 
 IIIIIM IIIIIZ2 
 
 IM ^ 
 
 Ilia 11 2.0 
 
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 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. M5B0 
 
 (716) 8724503 
 

 (/. 
 
 
 :\ 
 
 \ 
 
 6^ 
 
 A^ 
 
CHAPTER V. 
 
 THE HOUNDS ASSOCIATION. 
 
 Prince Henry. Where shall wc take a purse to-morrow, Jack? 
 
 FiU'ilrijf. Where thou wilt, lad; I'll make one; an I do not, call mo 
 villain and baftlc me. 
 
 Pr'ufa lleiiry. I see a good amendment of life in thee; from praying to 
 pursc-takiug. 
 
 Fuldiiff. Why, Hal, 'tis my vocation, Hal; 'tia no sin for a man to labour 
 in hia vocation. 
 
 King Ilcnry IV. 
 
 Every problem of humanity is but a display of 
 some now combination of those primary elements 
 of human nature which, like the elementary principles 
 governing matter and force, underlie all activities. 
 Common salt will not crystallize on the same system 
 as sulphate of soda; so units of human societies in 
 their intermixtures behave differently according to 
 character and combination. Yet man -particles, in 
 their aggregations and evolutionfj, act no less under 
 fixed laws than do matter-particles. 
 
 Not the least unaccountable of human phenomena 
 is that manifestation of brute force which breeds 
 tyranny. That men should love to beat, and l)atter, 
 and bruise one another, not to secure some good, but 
 in spite of those evils which such conduct is sure to 
 bring upon them, is unaccountable, save as an ele- 
 mental quality of the evil principle inherent in nature 
 human. The propensity in man for killing is insane 
 as compared with tlic same propensity in the brute. 
 Tlie latter could give a reason if it would; man has 
 none. The reasoning faculties given him by whicli to 
 guide his conduct in ultimate appeal he flings aside, 
 
 (70) 
 
ORGANIZATIOX OF VILLAIXY. 
 
 11 
 
 dehumanizes himself, and no matter how far advanced 
 in hohncss of living or in intellectual culture, he 
 thrusts his fingers into the latest invented claws fur- 
 nished him by science, and straightway falls to flesh- 
 tearing on such a scale as puts to blush the efforts of 
 the tiger and the bear. 
 
 The brute creation man kills for food and clothing — 
 material comforts; his fellow man he kills for pride, 
 for glory, for hate, for religion — ideal comforts. War 
 is waged with equal fervor by savage and civilized, by 
 heathen and Christian. It is an element alike of the 
 most degraded passion and the most exalted piety. 
 In mediaeval times the attention of mankind was 
 divided not unequally between the arts which cherish 
 life and the arts which extinguish life. One's whole 
 duty lay in preserving one's own life and in striving to 
 take the life of one's neisxhbor. So lonjx as tliese 
 efforts were evenly balanced, and their necessity fell 
 alike on all, no great progress could be made in the 
 arts of war, or advancement in the arts of peace. 
 Whensoever for a time peace reigned rejoicing, the 
 arts of war were pluralized, so that with them if he 
 would man could achieve a yet more substantial peace. 
 
 So it is with regard to the supremacy of justice. 
 But mankind will not yet have unadulterated peace 
 or justice. There is in every one of us an inquisitor. 
 Where is the patriot who would not tyrannize if he 
 could? Where is the zealous religionist who would 
 not, possessing the power, and left to the impulses of 
 his own fanaticism, make every man of his fiiith or 
 creed? else he would for Christ's or Maliomet's sake 
 nominally, though in truth for his own sake, kill him. 
 Evolve man if you will from matter; that which dis- 
 tinguishes him from any lower form is this unanalyii- 
 able intermixture of deity and deviltry. 
 
 The memorable year of 1840 had not yet dawned 
 when it was whispered that villainy was banding in 
 California. Strange to say, its first appearance here 
 
 liri 
 
 1^ 
 
 
n 
 
 THE HOUNDP. ASSOCIATION. 
 
 was in the liabilimcnts of charity. That delectable 
 troop, the regiment of New York volunteers, was 
 made u[) to a great extent of the riffraff' of eastern 
 cities. Of no value at home, they were brouglit liither 
 at ))ublic expense to fight Mexicans, or Californians; 
 v/]iich being found unnecessary shortly after their 
 arrival the company was disbanded. Having no occu- 
 ])ation, and averse to labor, naturally many of them 
 fell back on their old pastime of pilfering. 
 
 The opportunity, however, to season their rascality 
 with a little sentiment was too good to be lost. Had 
 they not shared as brothers the dangers of the deep ? 
 Were they not brave men, soldiers, heroes, though they 
 had never fired a gun; and did not the country owe 
 them a debt of gratitude which sanctified any villainy? 
 So tliey organized themselves into a kind of benevolent 
 association, a self-protection and relief society, and 
 called themselves the 'Hounds,' which was a very 
 appropriate name. They were likewise known as tlio 
 'Boys,' after the fashion of the New York Bowery, 
 wliero many of them used formerly to sun themselves. 
 
 Criminal intent does not appear as a part of their 
 original purpose; indeed, as the alcalde Leavenworth 
 testifies, some of them had been employed by him to 
 assist in carrying out the ends of justice. Previous 
 to the forming of that acquaintance which led to 
 villainous vows of friendship and fidelity, and nothing 
 loth to wear for a time the garb of respectability, 
 many of them at first engaged in various occupations, 
 such as mining, blacksmithing, hotel and saloon keep- 
 ing, but they were not long content to work for that 
 which they fimcied they could more easily steal. 
 Indeed, one of their fundamental principles, practised 
 before it was formulated, and the first and broadest 
 plank in their platform, was that others should feed 
 and clothe them. The workingmen of California, the 
 honest and industrious, should furnish them shelter, 
 with strong drink, tobacco, and other luxuries. In 
 return for which support, did California desire the 
 
THE TENT OF TAMMAXY. 
 
 interloping^ 'Greasers' annihilated, they "were the 
 boys to do it." Or lacking such patronage they would 
 exercise their club diplomacy somewhat on their own 
 account. Like bulls infuriated over red, they had their 
 mad color. Black was bad enough, but copper- hue 
 they liated, whether in the form of Mexican, Chilean, 
 or Chinaman. They were soon joined ))y the men of 
 Sydney, who now began to appear upon the scene, 
 and by low politicians from the eastern states, besides 
 the newly arriving shoulder -strikers and deserters. 
 Here was the scum of diverse foreign socioties uniting 
 amidst the ebullitions of our new society as naturally 
 as impure particles unite upon the surface of boiling 
 liquid. 
 
 Whatever may have been their intention originally, 
 elements like these joined under such conditions could 
 not long exist without evil results. Soon it was under- 
 stood that lawlessness and crime were the primary 
 purpose of the association, and by the spring of 1841) 
 subordinate societies with a common grip and pass- 
 word were scattered throuijhout the entire mininir 
 district of California. Here was a great power for 
 evil, with its fangs already at the throat of our infant 
 community. 
 
 As might be expected, the Hounds directed their 
 early attention to politics. It is by such as these 
 that our country is in too great a measure governed. 
 It is such as these that San Francisco to tliis day is 
 forced to support and serve. It is such as these 
 that too often are our rulers; we make them such, 
 fools that we are. 
 
 The Hounds made their headquarters in a large 
 tent, later known as Tammanv Hall, standing where 
 now Commercial street crosses Kearnv. Such was 
 their strength, that with unblushing impudence they 
 would bring to this so public a place the spoils taken 
 at night, and there eat, and drink, and sleep through- 
 out the day, with none to make them afraid. There 
 were other places where they used to congregate; the 
 
 j: 
 
to 
 
 THE HOUNDS ASSOCIATION. 
 
 City Hotel near by, and the Shades Saloon whose 
 keeper's name was Patterson. Their harem was the 
 valley called the 'Hollow,' near, or formin<T part of 
 the Chilean quarter; and the dusky nymphs thei-e 
 denizened by no means helped to quench the fires of 
 hate already burning in the breasts alike of their 
 countrymen and of their fairer-hued lovers. 
 
 Their time was chiefly divided between catinjjj- 
 houses, saloons, and clothing-stores, which were pil- 
 Inged for corporeal neceH;sities, and the huts of foreign 
 emigrants, which weie sacked and destroyed upon 
 princi[)lc. Their attacks were confined chiefly to 
 strangers, whose friendless condition forbade defence. 
 
 During the wliole period of their administration it 
 was the custom of these chemlicrs crindnstrie to 
 parade the streets on Sunday in fantastical attire, but 
 until toward the latter part of their term, if we omit 
 occasional fights and street br-awls, no open outrages 
 Tvere committed, though private thefts, and even 
 darker deeds, were frequent. 
 
 Besides their regular Sunday divertiscment. in 
 which they aflbctcd a sort of military discipline, 
 marching with flying colors, their leaders in military 
 uniforms, to the music of fife and drum, they some- 
 times improvised pranks and antics for the amusement 
 of the public. For a time, as I have intimated, the 
 actuating motive seems to have been a silly love of dis- 
 ])lay rather than open violence. Yani ty , hcnvever, often 
 leads to villainy. Said Sheridan once to Lord Ht)l- 
 land: "They talk of avarice, lust, ambition, as great 
 ])assions. It is a mistake; they are little passions. 
 A^anity is the great commanding passion of all. It is 
 tliis that produces the most grand and heroic deeds, 
 or impels to the most dreadful crimes." 
 
 In the evening after their public gambols it was 
 usual for the Hounds to scatter about the little metrop- 
 olis and throw out gentle hints, or more peremptory 
 tlemands, for whatever they happened to want. Like 
 the tiger's whelp which chases the sheep at first only 
 
SOME OF THEIR DOIXGS. 
 
 for the sport of seeing them run, but once tasting 
 blood becomes ravenous for more, so these young 
 human Hounds began their play upon the people, 
 scarcely knowing what they did, but coming to grief 
 full quickly enough, however, as they thought. For, 
 growing more and more boisterous in their displays, 
 with increasing numbers, they began, toward the end 
 of their career, first to intimidate, then to assault, and 
 finally they did not scruple to try open robbery and 
 nmrder. 
 
 Under some ridiculous plea they would sally forth 
 from their tented Tammany, and with threats of vio- 
 lence extort money or goods from whomsoever they 
 thought prudent to attack. They would invade 
 saloons and call for drink, enter restaurants and hotels, 
 and rudely demand food, after receiving which they 
 would walk away without offering pay. On one occa- 
 sion they fed from the tables of Jules Rousson, keeper 
 of the United States restaurant, and gave in payment 
 an order on the alcalde, which the latter refused to 
 pay. At another time they broke down Rousson's 
 doors and helped themselves to food. Stores they 
 would enter, and selecting such goods as they fancied, 
 carry them away, or help themselves to whatever 
 they required from exposed piles of merchandise ; and 
 so strong had they now become that no one durst say 
 them nay. 
 
 Though their outrages were directed chiefly 
 against foreigners, they did not hesitate to attack 
 Americans if offended by them. Indeed they be- 
 came quite enterprising at last, even philosophic, 
 and seemed to think with Socrates that there is 
 something in this world nobler than mere ease and 
 personal safety. 
 
 A gentleman informs me that as he was passing 
 the Parker House one day, he saw a negro entering 
 the office, and a lieutenant of the Hounds just behind 
 him. The negro turned and accidentally touched the 
 rowdy with his elbow, when the fiery young knight 
 
 tov. Tbid., Vol. I. 
 
 m 
 
 ■J 
 
 . i 
 
 II 
 
 n 
 
 
82 
 
 THE HOUNDS ASSOCIATION. 
 
 whipped out his bowie-knife and cut oft' the black 
 man's ear. 
 
 One morning two gentlemen entered the coffee- 
 rooms of an old Frenchman, situated on Kearny 
 street, opposite the plaza, on the site since occupied 
 by the Jenny Lind theatre and the old city hall, and 
 called for breakfast. Presently in came thirty-five or 
 forty of the foul fraternity, hungry as cormorants, and 
 ordered food. Pounding the table, they callcil loud 
 and constantly, "waiter!" "waiterl" hurrying the poor 
 garcon hither and thither until he was half dead with 
 fatigue and fright. Meanwhile the two gentlemen 
 could get nothing to eat. At length the craving of 
 the rabble company being satiated, their leaders rose, 
 and stepping up to the counter, turned their backs to 
 it, and called out : "Fall in I Right about face I" Then 
 turning to the restaurateur, one of them demanded: 
 
 "How much is to pay?" 
 
 "Two dollars each," was the reply. 
 
 "Charge it to the Hounds," he said. "Left facel 
 Forward, march 1" and out of the door they went, 
 never paying a dime for what they had eaten. 
 
 Lsaac Bluxome landed in San Francisco from the 
 bark Madonna early in July, 1849. He brought out 
 with him the frame of a wooden building which he set 
 up in Sacramento street, between Montgomery and 
 Sansome, being the third house erected in that street. 
 Scarcely had he opened business when he was brought 
 face to face with that phase of crime of which he was 
 so soon to be the scavenger. A queer-looking customer 
 entered one day and began to price his goods. He 
 was little more than a boy, rather below medium 
 height, slightly built, with a pale, sinister face, and 
 dressed in a red woolen shirt, buff" pantaloons tucked 
 inside his boot-tops, a well-mashed slouched hat, and 
 hanging at a leather belt a pistol and a butcher-knife. 
 Picking up a plug of tobacco, he said : 
 
 "What do you ask for this?" 
 
 "Two dollars," said Bluxome. 
 
AMONG THE SHOPS. 
 
 8S 
 
 "Tliat is too much; you must not charge so much." 
 
 "That is my price; you can take it or leave it." 
 
 "Do you know who I am?" 
 
 "No, and I don't care who you are." 
 
 "I am captain of the Hounds." 
 
 "The devil you are," answered Bluxome. "Well, 
 you look like a hound." 
 
 The fellow did not like Bluxome or his words, and 
 after eyeing him for a moment he walked away with- 
 out further remark. 
 
 There was little system in trade at that time, either 
 in the kind of goods kept b}^ the merchants or in the 
 prices asked for them. Each dealt in whatever 
 happened to fall into his hands, and asked whatever 
 price he pleased, irrespective of that of his neiglihors. 
 Entering a tent store one day, where a great variety 
 of merchandise lay exposed for sale, a quiet, modest, 
 undemonstrative Hound picked up a pair of fancy 
 patent-leather gaiters, which he thought would set off 
 his somewhat small and well-shaped feet to the l)est 
 possible advantage. They M'ere wholly worthless, but 
 little stronger than paper, cost probably in New York 
 a dollar or two, but being brightly polished they had 
 caught the gentleman's eye, and as business had been 
 good of late he determined to indulge his vanity to 
 that extent. Besides, his order was coming into no- 
 tice more and more every day; parades were more 
 frequent, and it was but meet he should make a be- 
 coming appearance. 
 
 Seating himself on a box he took off his shoes, and 
 giving them a fling which sent them over behind some 
 goods at the other side of the tent, he took up a pair 
 of the glittering gaiters, drew them on his feet, and 
 rising and putting his hand in his pocket, demanded: 
 "How much?" 
 
 "An ounce," was the reply. 
 
 The dust was promptly paid down, and the nice 
 young man walked away no less satisfied than the 
 store-keeper. Next day returned his houndship. On 
 
84 
 
 THK HOUNDS ASSOCIATION. 
 
 his ralni features tlierc was not visible the shghtest 
 sliade of annoyance, ill-temper, or disgust. Threading 
 his way quietl}' round the piles of merchandise stacked 
 upon the Hoor, he fished out his old shoes, seated him- 
 self on the same box, drew from his feet the shining 
 gaiters, now l)urst open in several places, put on his 
 old shoes, and walked away without saying a word. 
 
 There was one way in which these Honnt's were of 
 service to society. I had como near unwittingly doing 
 them an injustice. They were ever ready as jurors. 
 He who had suffered wrong, and who, remembering 
 the high privilege of an American citizen, sought the 
 remedy, might here have trial by his peers. They 
 were also good as witnesses, always ready faithfully 
 to testify in whichsoever direction they were paid. 
 They were good to drive oft* from lands squatters, or 
 rightful owners; it made no difference to them in 
 whom the title was vested. They were useful at the 
 polls on election -day, voting early and often them- 
 selves, preventing others from voting, and at sunset 
 guarding the ballot-box while it was being stufl*ed. 
 If you wanted a house fired, a man beaten, or a mur- 
 der, done, they were always at hand to servo you for 
 a consideration. 
 
 Nor were they without their worship and their 
 benefactions. If the image of Mercury, the god of 
 thieving craft and cunning, was not set up in their 
 Tent of Tammany, none the less was his spirit there 
 adored. Of all the world could give, this was the life 
 they loved. Opportunity and environment were to 
 them as sword and steed to the cavalier, or wine to 
 the lieavy of heart ; their tent was the temple of their 
 god, and their traffic better than winning souls. And 
 it was wonderful their influence on the unanchored 
 element then drifting on the flood-tide into this port. 
 What do we see in crossing the Plains? The most 
 stupid clod of a horse, half- starved and fagged with 
 travel, when suddenly surrounded by a band of wild 
 mustangs quickly becomes as unmanageable as they. 
 
what: is evil, they ask. 
 
 85 
 
 Even tlie culture of intellect is the result of absorbed 
 vice, while the cftbrts of j)lo(iding virtue flow off like 
 water from a smooth stone. 
 
 It is bv no means certain that the advent of vice in 
 this infantile form was not the best thinj' which could 
 have happened to this young community at this time. 
 California were not California had her battles with 
 ini(|uity never been. Men who aim at respectability 
 become so absorbed in their moncy-gettings as to be 
 little better than machines, turning aside for nothing, 
 for neither Christ, their country, nor the devil. It 
 needs an enemy threatening their })et passion to unite 
 them. They would form no brotherhood of virtue 
 until driven to it by a brotherhood of vice. 
 
 Whence then the evil, these wicked ones might ask, 
 and of what do you pious people complain ? To make 
 a world nature rushes from one extreme to another; 
 from the extremes of heat to the extremes of cold; 
 from an age of fire, of volcanic lava-formations and 
 rivers of molten rock and skies of mineral smoke, to 
 an age of snow, and ice, and canon-carving glaciers. 
 So it is with the formation and retininjj of human 
 societies. It is the equalizing of extremes that 
 brings one ever nearer to one's rest. Then why war 
 with evil if it so befriend you? What is evil, oh 
 ye saints of prudery and conventional creeds! Can 
 you not see with all your stupidity and bigotry that 
 evil is not a concrete entity, but only a measure 
 denoting the absence of good, as cold is but the 
 absence of heat? There is no such principle in 
 humanity as abstract good aside from evil, any more 
 than in a mass of molecules attraction can exist apart 
 from repulsion. We are as necessary to you, })rim 
 fools, as you are to us. Every thing, every force, 
 power, quality, principle, element, or idea has its an- 
 tithesis, exists in duality, is twofold in its entity 
 and action. Like the repulsive force in matter, this 
 negative soul -principle acts among individuals, im- 
 pregnating every germ, arranging into form the 
 
 •11 
 
M THK HOUNDS ASSOCIATION. 
 
 inolof'ulcs of society, slmpinj^ outlines and slmrpcn- 
 in<^ aniilos, puwhing hither and thither, l)y ini))ulses 
 imperceptible, individuals and grouj)S of individuals 
 according to the great plan of our one and universal 
 master. 
 
 The normal condition of humanity is a state of 
 well-being, else there is a speedy end to all. But 
 the mass needs leaven, else it is Hat and ui.profital>lc. 
 The princi[)le of evil dropped into it by an incom- 
 prehensible Almighty, the tendency of humanity is 
 ever after toward an equilibrium. None but baljes in 
 intellect talk of an indei)endent, self-existent power 
 or principle antagonistic to omnipotence. 
 
 When we understand the nature of heat, then we 
 can tell what cold is; when we comprehend the prin- 
 ciple of good, we will be able to understand the 
 l)henomona of evil. Whatever good is, the tendency 
 of everything is in that direction. What means 
 otherwise the gradual disaj)pearance of savagism, 
 the progress of the intellect, of morality, of religion? 
 Therefore if evil tends to disappear, and is surely 
 century after century becoming less, we may safely 
 conclude that with time it will be totally extin- 
 guished. 
 
 Now- it is well known that there is no such possi- 
 bility in nature, or in the imagii? tion of man, as the 
 total extinction of a * concrete entity. If therefore 
 evil is extinguishable as a concrete principle, it does 
 not exist. Evil as an entity does not exist; good 
 does. The w^orld acts upon this principle, wdietlier it 
 is believed in or not. 
 
 What force underlies the underlying force that 
 drives steamships and manufactories, the main- 
 springs of commerce? What is the chief stimulant 
 of progress? Not love of knowledge, patriotism, 
 philanthropy; all these are puny in their efforts at 
 progress. What then are the mighty powers that 
 move mankind? Avarice, vanity, the desire to kill 
 your neighbor and keep yourself from being killed; 
 
AVARICE ALMIGHTY. 
 
 87 
 
 these are the god-like doings that bring to birth your 
 boasted brotherhoods, your acts and industries, and 
 wliich overspread the tliorny path with coverlets of 
 Christian charity. So might have reasoned these 
 human Hounds in their Tent of Tammany. 
 
 ft 
 
 .■: 
 
CHAPTER VI. 
 
 THE SAN FRANCISCO SOCIETY OF REGULATORS. 
 
 Lo, when two doga are fighting in tlie streets, 
 [ With a third dog one of the two dogs meets, 
 
 I Witli angry teetli ho bites him to the bone, 
 
 And this dog smarts for what that dog nas done. 
 
 Fielding. 
 
 With increased numbers and opportunities, the 
 Hounds Association put on new dignities. Becoming 
 somewhat ashamed of their canine appellation, they 
 changed their name to that of the San Francisco 
 Society of Regulators, and organized and officered 
 their body after the usual respectable models. 
 
 Let it not be inferred from the name, however, 
 that the Hounds had become guardians of the public 
 weal, or that this was a popular tribunal proper, or a 
 committee of vigilance. By no means. It was tho 
 good men and their affairs that this band proposed 
 to regulate, and not the evil-minded and profligate. 
 And to their assistance came now demagogues and 
 aspiring politicians of greater bulk than their pre- 
 decessors, and of more sweeping pretensions. With 
 settled policy and defined purpose they would go forth 
 conquering and to conquer. The one phenomenon 
 was but the natural sequence of the other. The first 
 association was the boyish play of vice, while tho 
 second walked boldly forth in the full manhood of 
 concrete villainy. 
 
 Wickedness the Regulators saw was in the ascend- 
 ant. No one appreciated better than themselves the 
 fertile field of opportunity. Already the seed had 
 
 Hit 
 
SOME OF THEIR RULES. 
 
 80 
 
 been sown by the young imps, who seemed to lack the 
 ability to harvest the crop. It was for wiser heads 
 to utiHze their redundant resources, to give object and 
 direction to their knavish procHvities. The general 
 laxity of morals, the inefficiency and venality of law- 
 courts, and the apparent indifference of the best men 
 to the welfare of the state, all encouraged their aspi- 
 rations. 
 
 That affairs needed regulating was clearly apparent 
 to all; and the indifference manifested by business 
 men as to how or by whom they should be regu- 
 lated, emboldened the loafing element to assmiio that 
 duty. The first fraternity was still to fm-nish the 
 material. The municipal government had not hesi- 
 tated to use the Hounds in order to secure the 
 ends of justice; the Regulators now did not hesitate 
 to use the same instrument to defeat the ends of 
 justice. Thus against Justice, besmeared by evil com- 
 panionship, were turned her ministers, who caught 
 her in her own trap; as the wily wanton Vivien, 
 knight-hater of King Arthur's court, seduced from 
 Merlin his secret charm, and straightway Merlin, her 
 first victim, lay in a hollow oak as dead. 
 
 To the benefits offered by the Hounds in associ- 
 ating, the Regulators added political favors or emolu- 
 ments. Beside assuming knightly honors and sotting 
 themselves up to be redressers of pubHc wrongs, whose 
 mission it was to defend the national soil against en- 
 croachment, they proposed likewise to relieve Amer- 
 icans of the burdens of government, save only the 
 little matter of taxation, which should not be severely 
 felt, the people having their whole time at their dis- 
 posal. 
 
 An initiation fee of ten tloUars was paid on entering, 
 and in return each member was to bo cared for in case 
 of sickness, supported when penniless, and extricivted 
 from any trouble which by chance he might fall into. 
 No qualification as to character was requisite to 
 membership, except that it should not be painfully 
 
 t 
 
«0 
 
 THE SOCIETY OF REGULATORS. 
 
 bright. The declared principles of the association 
 were originally easy and free enough, and in action 
 vhcy became more so every day. 
 
 It was a model system of vagabondage, a Platonic 
 republic for vagrants and blackguards, and might most 
 truthfully have beei: named a Society for the Pro- 
 motion of Vice, or a veritable Hell-fire Club. Half 
 a day's work at that time would secure the initia- 
 tory ten dollars; or if that was too much trouble, 
 the aspirant for membership might steal it. Once in, 
 happiness was forever secured. Bois tortu fait feu 
 droit. Protection, shelter, good-fellowship, and light 
 scruples; what more could profligacy ask even in 
 California? "It is all one to a stone," says Marcus 
 Antonius, "whether it be thrown upward or down- 
 ward." 
 
 There was little difficulty in their regulating elec- 
 tions, ordinances, and jurisprudence; population was 
 not so permanent then as now ; men were coming and 
 going, hurrying hither and thither, few manifesting 
 any interest in the welfare of the community, and 
 those few scarcely distinguishable. The young me- 
 tropolis was good for nothing but to be fleeced, and 
 should any person object, they must be regulated. 
 This so early political party in California was char- 
 acteristic of the times. It was the pestilential quagmire 
 of society; nor is the pool wholly translucent now. 
 
 For five or six months, namely, until the middle of 
 July, 1849, this band of ruffians exercised their terror- 
 isms over the community. Tlieir ways were dark at 
 first, and their councils secret. They were without 
 organization for a time, but rapidly into evil eminence 
 there rose from the ranks of this gang certain ruling 
 spirits, with one Samuel Roberts as chief, who worked 
 them up into a state of sucli efficiency that soon the 
 entire city was laid under contribution. There is little 
 doubt that many of their acts were countenanced by 
 the alcalde, Leavenworth. 
 
 One of their number, Joseph T. Downey, asserts 
 
DECLARATION OF RIGHTS. 
 
 dl 
 
 that tlie origin of the organization was a physician's 
 bill against one or two of the Hounds, amounting to 
 some" wo hundred dollars. Having neither the money 
 nor the inclination to pay, they determined to declare, 
 among themselves at least, their position, which was 
 that tiio public must support them. They would be 
 public servants; they would pay no bills. It was 
 necessary that they should have more money than the 
 initiation fee yielded them. From rendering assistance 
 to the alcalde and sheriff in their deplorable attempts 
 at municipal government, the Regulators undertook 
 to administer justice on their own account. Cer- 
 tain of their number had been called upon to inflict 
 the punishment of whipping on a sailor sentenced 
 by the alcalde for drawing a knife on his captain. 
 Thereupon they undertook to whip by order of them- 
 selves. When the sheriff found it difficult or im- 
 possible to collect bills placed in his hands for that 
 purpose by real-estate owners, merchants, and others, 
 he recommended the claimants to give such accounts 
 for collection to the Boys, who had a way of their 
 own, swifter and surer than that of the alcalde, for 
 the settlement of differences. From the seizing of 
 property for the satisfaction of a debt to the seizing 
 1 of property for the satisfaction of themselves was but 
 a step, and unblushing imposition was the natural 
 consequence. 
 
 Thus, like the giant Caligorant, justice was caught 
 in its own net. Scarcely had the mines been opened, 
 when a strong feeling sprang up against foreigners. 
 Citizens of the United States deemed their rights 
 superior to those of foreigners, who were allowed 
 equally with themselves to gather gold and carry it 
 from the country. The soil was theiis, they said; 
 their brethren had fought fur it and their govern- 
 ment had paid for it. tip to this time there had been 
 no outbreak, although the determination was daily 
 becoming stronger and more universal to resist en- 
 croachment and expel foreign vagrants from the mines. 
 
 
03 ' THE SOCIETY OF REGULATORS. 
 
 Against the mongrel class from Chile, Mexico, and 
 the other Spanish- American states north and south of 
 Panamd, this sentiment was most united, and so unsafe 
 became the situation of these foreigners that during 
 this summer the roads were full of them returning 
 from the mines. And with them came many of their 
 persecutors. 
 
 Upon this platform then the Society of Regulators 
 ■was finally organized, with C. R. V. Lee as president; 
 W. Anderson, vice-president; J. T. Downey, secre- 
 tary; J. A. Patterson, treasurer; and J. C. Pullis, 
 steward. The aforesaid Samuel Roberts was chief 
 rioter and master of the military. California should 
 feed and clothe them, and pay them well for their 
 outrages. They proposed to live. They would assist 
 at any time the impotent authorities, if the authori- 
 ties wished their aid and would pay them; and they 
 would just as readily break the law, and defy the 
 authorities, if such a course best suited their pur- 
 pose. With the coolest impudence they asserted their 
 determination to protect American citizens against 
 Spanish-speaking foreigners, and sometimes claimed 
 to have instructions from the alcalde to extirpate the 
 Mexicans and Chileans. 
 
 Thus things stood when, on the night of Sunday, 
 the 15th of this same July, occurred an affair which 
 brought matters to a crisis. It appears that one 
 George Frank, a merchant, held a claim of five hun- 
 dred dollars, for certain commissions attendinof the 
 purchase of a lot on Montgomery street, against a 
 Chilean named Pedro Cueto, who refused to recog- 
 nize the obligation or pay the amount. Frank gave 
 the bill to the sheriff for collection. Cueto told the 
 sheriff he would not pay it, and the sheriff reported 
 to Frank. 
 
 Now it so happened that the sheriff was none other 
 than J. C. Pullis, who was likewise steward of the 
 Regulator Society. This was the worst feature in 
 the case, and shows how interwoven were crime and 
 
MiVKING COLLECTIONS. 
 
 punishmnnt, when an officer of the law and an officer 
 of the lawless were one and the same person. 
 
 "If you will get the Boys to assist you," said 
 Frank to the hound-sheriff, PuUis, "I will give you 
 half the amount collected." Accordingly the bill was 
 handed to Roberts, who, pretending to have been sent 
 by the alcalde, called on Cueto and quietly informed 
 him that unless he came down handsomely, say witli 
 three or four hundred dollars, he would speedily be 
 upon him with forty men. Cueto declining to pay, 
 the Regulators proceeded to the avenging of justice 
 after their own fashion. 
 
 And here I can but call attention once more to the 
 singular state of law and administration which al- 
 lowed an officer of the law to deputize a notorious 
 band of desperadoes for the lawless enforcement of an 
 unproven claim. Of a truth it would be difficult to 
 say which had reached the lowest depth, law or 
 villainy ! 
 
 On the Sunday afternoon mentioned, at about one 
 o'clock, the Regulators paraded in full force, with 
 drum, fife, and banner, and epauletted officers. There 
 were about one hundred of them. They were just 
 returned from a marauding excursion to Contra Costa, 
 and they determined to finish the day with deeds long 
 to be remembered. So swollen by hatred and excite- 
 ment had become the purpose of the Hound dictators, 
 that the matter of Frank's bill was almost lost sight 
 of. Their intention now was none other than to drive 
 all Spanish- Americans from the city as they were 
 being driven from the mines, and the final blow was 
 to be struck .u^t afternoon or evening. 
 
 Sam Roberts commanded ; and it was noticed that ho 
 was more than usually grave in his demeanor, and con- 
 cerned as to the condition and movements of his men. 
 Supper was taken at a restaurant, where an eye- 
 witness says that Sam behaved badly; that from his 
 former reserve he broke into angry impatience, and 
 to give more forcible expression to an order for a gin* 
 
 1 |r 
 
 rr, 
 
 m 
 
 fit'' 
 
 m 
 
94 
 
 TI:E society of REaULATORS. 
 
 cocktail appetizer, he kicked over a table and broke a 
 few glasses. 
 
 The company then proceeded to get up steam for 
 the grand assault. This was accomplished by enter- 
 inn; vai'ious saloons and demanding; drink and cijifars; 
 if not instantly and cheerfully produced, the rioters 
 would go behind the bar, help themselves and their 
 associates, then smash a few decanters and mirrors 
 as a gentle admonition that politeness sits as grace- 
 fully on a saloon-keeper before society servants as on 
 Belisarius befjorinor an obolus. Sam's men would 
 have it made simple to these knights of Bacchus 
 that, in the absence of awe-inspiring lex scripta, there 
 was nothing left but to fall back upon the lex non 
 scripta, the unwritten or common law which underlies 
 all law, the which failing there was yet the lex tcdionls, 
 or law of retaliation, a practical illustration of which 
 was now before them. Expediency should be their 
 motto, as it is the motto of all who seek to do the 
 jiublic good. There is a time to pipe, and a time to 
 dance; a time to promise, and a time to perform — 
 except for politicians. The fear of God should ever 
 be before the eyes of the people, and respect for 
 rulers, though from necessity or expediency they 
 are for the time bcinij denominated Resfulators. Fear 
 God; but only God manifest in the flesh, not the holy 
 spiritual God beyond the sky. Tempori scrviendum est. 
 Bow to the powers that be; bow to the sovereign 
 Regulators of the people; bow to the devil if so be 
 glorious exaltation shall follow. When personal am- 
 bition stalks abroad, let principle give place; Cicero 
 nuist choose between Pompey and Ca)sar. 
 
 There was yet another wrong which this night's 
 ■work should right. In one of their marauding ex- 
 cursions some time previous, it happened that a 
 Chileno had the hardihood to defend his property 
 and family honor from brutal assaults, and in doing 
 so had accidentally killed a bystander named Beatty, 
 an American, though not a member of the band. To 
 
ATTACK ON THE CHILEAN QUARTER. 9I 
 
 seize, confiscate, and sell to the highest bidder the 
 tent and efleots of one who had dared to strike a 
 blow in self-defence was not enough. The blood of 
 their murdered countryman called from the ground 
 for vengeance. This night should see his inquiet 
 shade pacified. 
 
 Sam drrnk sparingly that day; the potations of his 
 men he sought to regulate according to their several 
 capabilities. The time having arrived, armed with 
 pistols, knives, and clubs, and with patriotic enthu- 
 siasm and liquid fire, they filed off and marched rapidly 
 down the street to the Chilean quarter. In answer 
 to the question, "What are you going to do?" they 
 unhesitatingly replied, "We are going to whip and 
 drive out every damned Chileno in town." 
 
 Rousing with blasphemous yells and pistol-shots 
 the peaceful inhabitants of this then somewhat remote 
 vicinity, they attacked the unoffending foreigners as 
 they crawled from their dwellings, struck them down, 
 and beat them with clubs, stoned and kicked them 
 while lying half senseless on the ground, and finally, 
 drawing their pistols, they began a promiscuous 
 shooting, which resulted in one killed and several 
 wounded, not to mention those bruised with clubs and 
 cut with knives. The tents were torn down, house- 
 hold effects and merchandise stolen or destroyed, and 
 the women and children turned into the street. It 
 was in truth a disgraceful scene ; blood flowed freely, 
 and the cries of the defenceless mins-led with the oaths 
 of the assailants. Several mounted horses and chased 
 the Chilenos through the town and up Telegraph Hill, 
 firing on them as they ran. The tent of Domingo 
 Cruz, at Clark Point, remained unmolested until half 
 past nine, when twenty of the gang entered it witli 
 drawn pistols and demanded drink. Then the}' fell 
 to breaking bottles and beating the inmates, saying 
 they had an order from the alcalde to destroy every 
 Chilean tent in town. From the tent of Domingo 
 Alegria, after wounding the inmates and destroying 
 
 If 
 
M 
 
 THE SOCIETY OF REGULATORS. 
 
 such property as they could not carry away, they 
 secured two thousand dollars in coin, and jewelry to 
 the value of fifteen hundred dollars. Then they de- 
 molished the tent and departed. After the first grand 
 assault the company split into detachments of about 
 twenty men each. These would make raids in diifer- 
 ent directions, then retire to the plaza or thereabout, 
 whence after a short respite they would sally forth 
 
 again. 
 
 During the turmoil Sam was ubiquitous. While 
 in the heat of the fray, battering heads and tearing 
 tents most lustily, from a distant part of the field the 
 cry was frequently heard: "Where are the Hounds?" 
 "Where is Sam ?" And the answer would come, 
 "Here I ami" Then they would fall to with new 
 
 vigor. 
 
 Thus during the whole afternoon and evening of 
 that Sunday, and all through the night until the 
 following morning, these desperadoes continued their 
 unblushing villainies without any interference from 
 officer or citi?:cn, extending their operations to other 
 parts of the city wherever a Chilean tent could be 
 found. They made no attempt to cover their crimes ; 
 daylight and darkness were one to them. Indeed there 
 was nothing to fear. The law was powerless; there 
 was no police; the alcalde was quiescent; the sheriff 
 was a member of the gang; and the merchants and 
 mechanics of the town were either attending to their 
 business, or enjoying a sacred rest, dreaming of dollars, 
 and creeping all the earlier to their beds as the 
 sounds of brawls and rioting fell upon their ear. 
 
 When the young metropolis awoke next morning 
 and rubbed its eyes, a new light seemed to break in 
 on its citizens. Their situation was unique; never 
 had they seen such sights, or heard such words, or 
 thought of such things as now dawned upon them. 
 Were they indeed where no law was? What were 
 these spawn of Hecate who in the name of protection 
 committed pillage and murder? The white owl of the 
 
THE PEOPLE PROTEST. 
 
 OT 
 
 north is well-nigh invisible in the snow; so it may 
 approach its prey unseen. In the opaque congeries 
 of character heaped round Yerba Buena Cove, liow 
 shall we distinguish the human qualities hidden be- 
 neath the orthodox woolen shirt and bushy beard? 
 Many a whilom saint is now a sinner ; many a whilom 
 thief sleeps in our warehouses. The ways of human- 
 ity in its new combination are past finding out. Circe, 
 the bright-haired daughter of the Sun, in her en- 
 chanted isle oi'JEaea amidst her fawning spell-softened 
 wolves and lions, was not more treacherously lovely 
 when with her wand she changed the companions of 
 Ulysses into swine, than was audacious roguery, 
 lapped by flush California, to the brainless adventurer. 
 Whether vice 's a disease or not, it is no less epi- 
 demic than small-pox or cholera; in this heterogeneous 
 human mess, if we are to know our bedfellow, give 
 us a new university with professors of the passions, 
 doctors of intemperance, analysts of licentiousness, 
 and curators of crime. 
 
 Young San Francisco was fairly aroused. Fear 
 took hold on the money-makers, and indignation; 
 they swore in their hearts that these things should 
 not be. Monday morning bright and early saw them 
 bent on a new business, which was nothing less than 
 to regulate the Regulators. And they went about it 
 with their characteristic energy. They had but little 
 time to waste at that kind of thing ; and after all a . 
 hundred Hounds were not many. 
 
 On the Monday following the Sunday's outrages, 
 at the corner of Clay and Montgomery streets Samuel 
 Brannan mounted a barrel and addressed the people. 
 As the crowd increased and the streets became so 
 filled with eager listeners that many could not get 
 near the speaker, a motion was made to adjourn to the 
 plaza, which was done. There Mr Brannan took his 
 stand on the roof of the one-story building occupied 
 by Mr Leavenworth, the alcalde — opposite the plaza 
 on Clay street, in the rear of the City Hotel — and 
 
 :1 . 
 
 
 Si: 
 
 u 
 
 Pop. Tbib,, Vol. I. 7 
 
 ■■L \ 
 
 'Mi 
 
 m 
 
i)8 
 
 THK SOCIBITY OF REGULATORS. 
 
 there continued liis speech. After he had finished 
 Frank Ward addressed the meeting. 
 
 It was in very deed putting the law under their 
 feet ; this taking a stand upon the top of a court of 
 justice, and crying to the community to purify the 
 court and mete out justice irrespective of inefficient 
 formulas. It was significant of the times, and of the 
 people. That little tenement of legal fustian was 
 scarcely a feather in the way of those who now 
 grappled the evil which they proposed to cure. Frank 
 Ward was a fearless little fellow, a perfect catamount 
 of courage when aroused, and as pompous and ranting 
 as king Cambyses. Brannan, too, at this time was 
 full of courage and bravado. While he was speak- 
 ing, he was informed that the Hounds were moving 
 among their adherents, and threatening to burn his 
 property. 
 
 The eflfect of this statement on the speaker was to 
 make him denounce the thieves the stronger. Pale 
 with anger and excitement he stood before them. 
 They were a dangerous clement; they deemed them- 
 selves invincible; in their opinion they were mightier 
 than the law. They were now assailed from a new 
 -f|uarter, and their very existence depended on prompt 
 action; so that it was dangerous to force them to the 
 wall. Brannan, however, was thoroughly aroused. 
 Certain voices of the rabble grew louder, and presently 
 pistols appeared with demonstrations of shooting. 
 Perceiving which, Sam hurled on them a torrent of 
 his choicest invective, meanwhile baring his breast 
 and daring them to fire. 
 
 The speaking finished, the people collected were 
 formed into four companies of one hundred men each. 
 Captain Spofford was appointed chief marshal; and 
 of the companies Hall McAllister, Isaac Bluxome, Jr., 
 A. J. Ellis, and F. J. Lippitt were chosen captains. 
 Lots were then drawn by the captains to determine 
 which company should first stand guard, the duty 
 being to watch the city and hunt the Hounds. The 
 
HUNTING THE HOUNDS. 
 
 lot fell on Bluxome. Stationing detachments in va- 
 rious parts of the city, with ten men he proceeded to 
 an adobe building, corner of Broadway and Powell 
 streets, where he was informed Sam Roberts slept. 
 Breaking in the door which did not open to his knock, 
 ho learned that Sam was not there, but that he 
 had pitched his tent some way out on the Presidio 
 road. Thither Bluxome proceeded, but the captain 
 of the Hounds was not there. Others went in other 
 directions. Roberts was hunted everywhere. Tam- 
 many Hall was likewise invaded ; the nest broken up, 
 and several of the gang taken prisoners. 
 
 Meanwhile a number of gentlemen visited the al- 
 calde and requested that steps might be taken for 
 the restoration and maintenance of public peace. 
 Thereupon a proclamation was issued calling a meet- 
 ing of the citizens at three o'clock that afternoon, at 
 which time appeared upon the plaza the largest gath- 
 ering California had yet seen. The people were pro- 
 foundly moved. W. D. M. Howard was called to 
 preside, and Victc J. Fourgeaud chosen secretary. 
 At the close of loud and lengthy public discussion a 
 subscription for the relief of the sufferers by the riot 
 was opened at the Parkei' House. Two hundred and 
 thirty citizens then enrolled their names for police 
 service, and formed themselves into six companies 
 for immediate action. The Regulators, watching 
 these proceedings, now began to scatter, but before 
 sunset seventeen of them were arrested and secured 
 on board the United States ship Warren. Roberts, 
 the redoubtable, found snugly stowed in the hold of 
 the schooner Mary bound for Stockton, was arrested 
 by Hall McAllister, and his comrade Curley was 
 picked up at the Mission. 
 
 Another citizens' meetinor was held at Portsmouth 
 Square the same day, at which two associate judges, 
 William M. Gwin, and James C.Ward, were chosen to 
 assist the alcalde and share in the trial of the prisoners. 
 Horace Hawes, Hall McAllister, and others were 
 
100 
 
 THE SOCIETY OP REGULATORS. 
 
 appointed to act for the people, and P. Barry and 
 Myron Norton for the accused. Twenty-four citizens 
 met the day followinf,' as a grand jury, and the 
 prisoner's were re<^ularly indicted and charged with 
 conspiracy, riot, robbery, and deadly assault. Samuel 
 Roberts and eighteen others were thus called upon to 
 defend themselves. 
 
 The trial began on Wednesday, was conducted in 
 the ordinary legal forms, and lastetl until the following 
 Monday. Witnesses were examined on both sides; 
 and the evidence of deeds done in the light of open 
 day, to the men who now had the management of 
 aftairs, did not seem difficult to obtain. Notwith- 
 standing which Roberts proved his alibi as a matter 
 of course; Peter Earl, a Parker House watchman, 
 swore that he put Sam to bed Sunday night, and 
 William Jackson knew him to have been in bed at 
 the time. Put it would not do; Sam was found 
 guilty of every charge, and eight others of one or 
 more counts of the indictment. 
 
 After the conviction of the captured Regulators 
 the question arose how they should be punished. 
 Some were for having them hanged, others for having 
 them whipped upon the public plaza and banished, 
 and others simply for having them banished and 
 given to understand that if they ever returned they 
 would bo executed. Roberts was first sentenced to 
 ten years in some penitentiary, wherever the terri- 
 torial governor of California should direct, and the 
 others were ordered punished by fine, and imprison- 
 ment of various ai \ounts and terms. The infliction 
 of the several pc^ Ities being found impracticable, 
 and the people h ing gone about their business, 
 some of the prison ^s were shipped away and the 
 others discharged. ^he gang however was broken 
 up, and crime for the moment checked. Many of the 
 Regulators took their departure for the mines, some 
 of whom there met the fate which they so richly 
 deserved. The miners had a shorter path from mur- 
 
WAR ON FORKIfJNKRS. 
 
 101 
 
 dor to the gallows than tlio San KranciHco merchants 
 had yet found. 
 
 This outrage of the Regulators was not an ordinary 
 riot perpetrated in a moment of excitement, hut a 
 coolly planned conspiracy against a peaceahlo and 
 peace-loving community. Under the existing laws 
 of the United States, foreigners had tlie same rights 
 in California as American citizens, and wantonly to 
 injure them was in tlie highest degree criminal. Not 
 that any special sympathy is due the class against 
 whom their wrath was kindled. The Chileans and 
 Peruvians who infested the towns and riHed the 
 Foothills of their tren^'ures were low enough in the 
 scale of humanity; by instinct and association they 
 were lazy, ignorant, and deceitful, and they seldom 
 scrupled at any crime they might with certainty cover. 
 With the lewd women brought hither by them, ami 
 who were little better than chattels, they lived on 
 infamous earnings: their tents were dens of iniquity; 
 and if the Hounds had extirpated them, and had tlien 
 themselves been hanged for it, society would have been 
 the gainer. 
 
 But these foreigners were human beings, and as 
 such entitled to humane treatment at tlie hands of 
 professedly humane men. The lower their estate, 
 the less tamely fair-minded and honorable citizens 
 would stand by and see them wantonly maltreated. 
 That they were the scum of other societies and a 
 curse to ours; that their touch was jiollution and 
 their presence moral disease, and that their absence 
 would be a blessing, were perhaps among the reasons 
 why the Society of Regulators enjoyed so lengthy an 
 existence. But the persecution of a class was a very 
 different matter from the punishment of criminals; 
 the former was based on rank injustice, which would 
 certainly recoil alike on innocent and guilty, and 
 it must end. Right nobly did the people of San 
 Francisco thus early vindicate their integrity and 
 fair fame, rallying to the help of dc vvn-trodden justice. 
 
 f 
 
 ilii 
 
 m: 
 
 lii. 
 
 !!' 
 
 Ji. 
 
102 
 
 THE SOCIETY OF REGULATORS. 
 
 In this, the foreshadowing of that determined sense 
 of truth and equity, that pointed swiftness of action 
 so characteristic of California committees of vigilance, 
 the primary power of society seated itself on the bench 
 beside limp and inept law, and grasping in one hand 
 the criminal and in the other the constable, it swore 
 perpetual divorce from public villainy. 
 
 c 
 1 
 1 
 a 
 
 w 
 to 
 wi 
 kii 
 tol 
 
CHAPTER VII. 
 
 THE ADVENT OF LAW. 
 
 Thou say'st an undisputed thing 
 In suuh a solemn way. 
 
 OUixr Wendell Holmes. 
 
 Although the American flag was hoisted by Cap- 
 tain Montgomery in the plaza of Ycrba Buena the 
 9th of July, 1846, two days after it had been raised at 
 Monterey by Commodore Sloat, it was not until after 
 the cession of California by Mexico to the United 
 States, about the time of the gold discovery, that 
 much was said or thought about government. The 
 thriving little hamlet that bordered the Cove, in 
 January, 1847, dropped its modest name of Yerba 
 Buena for the original and more pretentious one of 
 San Francisco, made famous by the ISIission, Presidio, 
 and Bay. This town and the mission settlements 
 southward boasted their alcalde or justice of tho 
 peace, and some of them an ayuntamiento or town 
 council, while the country at large was held by a 
 military governor, \'hose rule, however, amounted to 
 little, even along tlie seaboard, and was felt scarcely 
 at all by the scattered and erratic gold-hunters. 
 
 Says the first number of the California Star, pub- 
 lished at Yerba Biiena January 9, 1847: 
 
 "We hear the inquiry almost ovcry liour during tho day, 'What laws aro 
 wo to bo governed by?' Wo have invariably told those who put tin; qtiestion 
 to us, 'If anybody asks you, tell thoni you don't know,' becauae we wens un- 
 willing to express an opinion in relation to tlio laws in foi'cc in this territory, 
 knowing as wo did that probably during tho day the same persons would 1k5 
 told at the alcalde's ottice or elsewhere that ' no particular law is in force in 
 
 ( io;i ) 
 
 ,1 i 
 
 m 
 m 
 
lOi 
 
 THE ADVENT OF LAW. 
 
 Ycrba Buena, though there may be in other places in the territory, and that 
 all suits are now docided according to the alcalde's notions of justice, without 
 regard to law or the established rules governing courts of equity.' The 
 written laws of the country can easily be obtained and published, and for the 
 convenience of the peoiile it ought to be done at once. The people are now 
 in the situation of the subjects of the tyrant who had his laws written, l>ut 
 placed them so high that they could not 1)C read by tlie people, consequently 
 many ignorantly violated them, and lost their lives and property. Commodore 
 Sti )cktou having been clotlied with power to organize a territorial government 
 in California, his 2>roclamation settles the law in this country fur the present, 
 and ought to be regarded as the paramount law by all our courts." 
 
 This rambling statement signifies little beyond the 
 rambling conceptions which even an editor then enter- 
 tained of the laws under which he lived. When he 
 speaks of the existence of written laws, he must refer 
 first to the laws of Spain and Mexico, and secondly to 
 the laws of England and the United States, for he 
 must surel>' have known that neither the alcalde of 
 Yerba Buena, nor the whilom government at Mon- 
 terey, nor Commodore Stockton, had any local laws 
 fit for the regulation of present affairs in California. 
 In a word, like the world in the beginning, law was 
 without form and void. 
 
 Until the war should terminate, it was to be ex- 
 pected that the commandant of the military district 
 would act as governor; and though his authority was 
 vague and anomalous, it was cheerfully recognized by 
 all except those whom it was intended to restrict or 
 punish. 
 
 But military rule was utterly of no avail in pre- 
 venting or punishing crime throughout the country. 
 It could not even maintain its own integrity, or over- 
 taJve deserters from its ranks. It could offer rewards 
 for human heads: but lawlessness was not thus to 
 be restrained. As well might the military governor 
 of California expect by such means to win souls from 
 purgatory as that his feeble proclamations would stay 
 the wild orgy of the Inferno. The military and naval 
 commandants recognized in the people a right, nay, 
 enjoined it as a duty, to choose magistrates and pro- 
 
MILITARY RULE. 
 
 105 
 
 vide themselv es a government ; but this was frequently 
 coupled with a recommendation for delay until it could 
 be ascertained whether congress had concluded or was 
 about to conclude the long-looked for organization. 
 
 It will be remembered that when gold was first 
 discovered Colonel Mason ruled at Monterey. In 
 anticipation of the failure of congress to provide a 
 government, a call was made for the people to come 
 toward and discuss matters relative to their anomalous 
 situation. By a treaty of peace the country had been 
 ceded to the United States, and the president had 
 I'ccomnjended to congress the extension of the laws 
 of the United States over the newly acquired domain, 
 but that recommendation had not yet been acted on, 
 and at the time of the gold discovery the people of 
 California were without the court machinery neces- 
 i-^ary for the protection of their lives and ]">roperty. 
 Crime was on the increase; hordes were hurrvinij 
 hither confusedly, which a well organized government 
 with a perfect police system would fintl difficulty 
 enouo'h in restraining;. What then would the ruffians 
 not do if left to themselves, and what was to become 
 of citizens and the country generally? The people of 
 California could not account for this ill-timed neu'lect 
 on the part of congress to provide them a government, 
 until they found the black man at the bottom of it. 
 
 Meetings were held at San Josu the 1 1th of De- 
 cember, 1848, at San Francisco ten days later, and at 
 Sacramento the Gth of January, 18-49, to take into 
 consideration the propriety of organizing a provisional 
 government for the so-called ter-ritory of California, 
 A day was fixed for the election of delegates to a 
 convention for the adoption of a territorial or state 
 constitution, which was to be submitted for ratifica- 
 tion to the people and sent to congress for approval. 
 Disagreements arising, however, proceedings were dis- 
 continued. 
 
 By the California, the first steamship to enter San 
 
 
 I 
 
 f\ I. 
 
 Wi - 
 
10») 
 
 THE ADVENT OF LAW. 
 
 Francisco Bay, arrived General Persifer F. Smith 
 the 28tii of February, 1849, who immediately assumed 
 command. He was succeeded the 1 3th of April fol- 
 lowing by General Riley. It was now time, the 
 people thought, that civil law should be established 
 in this territory. The time of war, during which 
 alone the president possessed the constitutional right 
 to govern a territory by the simple mandate of a 
 military officer, was over, and a forcible, practical 
 government was nowhere on earth more needed. 
 While congress was disputing over the vexed ques- 
 tion of slavery in the new territory, the people grew 
 first impatient, then indignant. 
 
 So eager for office and its spoils were the polls 
 manipulators that in January, 1849, there were in 
 San Francisco no less than three town councils at one 
 time. In the absence of state legislation or federal 
 regard, it was sometimes difficult for the municipali- 
 ties to tell who were the rulers if any such existed. 
 The old council of 1848 held over on the ground that 
 its term had not expired. Of those opposed to it, 
 one clique affirmed that its time expired the 27th of 
 December, 1848, and another the loth of January, 
 1849, and they elected men who took their seats 
 accordingly. A month later the citizens met and 
 petitioned both of the newly elected councils to resign, 
 which they did. A district legislative assembly and 
 three justices of the peace were then elected. On 
 the 4tli of June General Riley issued a proclamation 
 declaring the election of the district legislature illegal, 
 and reinstating the ayuntamiento of 1848. 
 
 General Riley did what he could to soothe and 
 smooth. He said that congress did not mean to neg- 
 lect California, nor did the president then regard the 
 territory as subject to military rule. The old Mex- 
 ican law then recognized in California, he explained, 
 in the absence of a properly appointed governor by 
 the supreme government, vested authority in the 
 military commander of the department, a secretary, 
 

 GOVERNOR, LEGISLATORS, AND JUDGES. 
 
 107 
 
 a territorial legislature, a superior court consisting of 
 four judges, a prefect, sub-prefect, and judge of first 
 instance for each district, and alcaldes and ayun- 
 tamientos for the towns. M?.ny of these offices were 
 now vacant, and he recommended that they should 
 be filled by an election to be held the 1st day of 
 August, 1849. He recommended, furthermore, the 
 choosing of thirty-seven delegates to a constitutional 
 convention from the ten districU into which the 
 territory was divided for election purposes. Amidst a 
 general apathy on the part of the voters the election 
 was held as appointed, and the convention met at 
 Monterey the 1st of September following. 
 
 In the absence of a state legislative body the alcalde 
 and ayuntamiento of San Francisco claimed supremo 
 authority in that district, and it was expected that 
 all their legitimate acts would be sanctioned by the 
 acting governor and confirmed by future legislation. 
 The treasury being empty, the new municipal officei's 
 applied themselves to fill it. 
 
 The first money received was appropriated for the 
 purchase of a dismantled brig, called the Euphcmia, 
 then lying in the Cove about where now is Front 
 street. The object of this purchase was to convert 
 the vessel into a prison, so that the town might have 
 a place in which to confine its criminals. This was 
 early in August; and the vessel was turned into a 
 jail, which was then the only prison the town could 
 boast. California desired admission at once into the 
 federal union. 
 
 The 13th of November, a state constitution was 
 adopted, and a governor, judges of the supreme court, 
 and other state officers elected, and state and federal 
 legislators chosen. Party politics in this state was 
 first manifest at this election. The business of the 
 alcalde of San Francisco increasing, a tribunal called 
 the Court of First Instance was established early 
 in December, with William B. Almond as judge. 
 This court was held in an old school-house on the 
 
 
 
108 
 
 THE ADVENT OF LAW. 
 
 plaza, and decided cases involving not less than one 
 hundred dollars after a fashion of i'; s own. 
 
 The first California legislature, surnamed the Legis- 
 i;»ture of a Thousand Drinks, met at San Jose one 
 niontii ?fter election and continued in session four 
 months. General Riley immediately placed in the 
 hands of the newly eleched governor the territorial 
 archives, and surrendered to him the administration 
 of civil affairs. Though not yet a state, California 
 was very sure, as she tt.ought, soon to become one, 
 and adopted measures accordingly. The legislature 
 proceeded at once to bMsiness as if congress had al- 
 read} acted on her admission. A judiciary was estab- 
 lished and all the offices required by the constitution 
 were created. Foreigners who had not become natu- 
 ralized citizens were required to pay a license be- 
 fore working the mines, a measure productive of 
 more trouble than profit. The penalty of murder 
 alone was death ; and for sending or accepting a chal- 
 langQ to fight a duel there should be fine and im- 
 prisonment. The state was divided into counties; the 
 incorporation of towns and cities was authorized, and 
 to San Francisco was given a charter. 
 
 The first election of officers for the county oi San 
 Francisco took place on the 1st of April, 1850, when 
 a sheriff', judge, recorder, surveyor, treasurer, and 
 other officials were chosen. The manner of this elec- 
 tion was characteristic of the times, and shows to 
 what leniyth candidates for office then went to secure 
 their election. For the office of sheriff there were 
 three candidates — J. Townes, whig; J. J. Bryant, 
 democrat; and John C. Hays, independent. All 
 were on an equality in having the title of 'colonel' 
 prefixed to their names. Bryant kept a liotel and 
 had money; Hays was a dashing Texas ranger and 
 had friends; Townes had nothing and was early ort 
 of the contest. Immediately he was nominated 
 Br3^ant decorated liis tavern with flags, placed a band 
 of music ujx)!! the balcony, served free lunches in the 
 
JACK HAYES, SHERIFF. 
 
 100 
 
 saloon, and distributed drinks ad infinitum. This was 
 continued daily with prospects of the most flatterini^ 
 success uj) to the day of election. There were en- 
 thusiastic meetings with eloquent speakers and fine 
 parades, torch-light processions, illuminations, horses, 
 carriages, transparencies, banners, and all the para- 
 phernalia of the hustidgs. The people were c s full of 
 enthusiasm as the candidates; it being to them a 
 matter of vital importance under wliich of these two 
 gentlemen the city should be bled. 
 
 As the time drow nigh, the Hays party became 
 despondent. The combined power of those miglity 
 elements, money and rum, were beyond the puny 
 efforts of man to combat. At the polls Bryant and 
 his partisans were more than ever elated. Tlie day 
 was theirs beyond question. All was lost with Colonel 
 Jack. But hold! What is this? What new deviltry 
 has the Texan concocted? For suddenly amidst the 
 excited throng that gathered in and around the plaza 
 appeared a mounted horseman, in the character of a 
 Texan ranger. The clean-limbed fiery steed was 
 brilliant black and richly caparisoned; the rider sat 
 erect, with uncovered head, and performed a succession 
 of difficult feats with consummate grace and skill. 
 The rabble crowded round in senseless admiration. 
 Drums beat, trumpets sounded, and loud acclamations 
 arose from the delighted multitude. The horse be- 
 coming excited, at length cleared himself from the 
 crowd, and dashed down the street at full speed. 
 This was enough. No better proof of the fitness of 
 the candidate for high position and important trust 
 was possible. What wonder that officers so elected, 
 and by such electors, should look lightly on puritan 
 principles and scrupulous justice as compared with 
 well-filled pockets, champagne suppers, and happy 
 harlotinffs! At the election ordered bv Governor 
 Riley the 1st of August, Horace Hawes had been 
 chosen prefect. It was an office of his own creating, 
 and the duties of the incumbent were subsequently 
 
no 
 
 THE ADVENT OF LAW. 
 
 of his own defining. The duties of a prefect he 
 declared were "to take care of pubHc order and 
 tranquilHty; to pubHsh and circulate, without delay, 
 observe, enforce, and cause to be observed and en- 
 forced, the laws, throughout their respective districts; 
 and for the execution of these duties they are clothed 
 with certain powers, which are clearly specified and 
 defined. They are particularly enjoined to attend to 
 the subject of public instruction, and see that common 
 schools be not wanting in any of the towns of their 
 respective districts. They are also required to pro- 
 pose measures for the encouragement of agriculture, 
 and all branches of industry, instruction, and public 
 l)eneficcncc, and for the execution of new works of 
 public utility and the repair of old ones. They con- 
 stitute the ordinary channel of communication between 
 the governor and the authorities of the district, and 
 arc to communicate all representations coming from 
 the latter, accompanied with the necessary informa- 
 tion." 
 
 There is but one remove, it is said, between a phi- 
 losopher and a fool; and tall, gaunt Horace Hawes 
 could play the one or the other, as occasion required. 
 He was the most foolish philosopher and the most 
 philosophic fool San Francisco has ever supported. 
 His intellect was clear, his logic practical, his argu- 
 ments conclusive, as the following incident testifies. 
 
 When Benjamin Burgoyne was town treasurer, 
 Hawes presented for payment a bill which he had 
 held for some time waiting the appearance of funds 
 in the usually empty municipal money-box, and 
 said: "Burgoyne, I want you to pay that bill." The 
 money was counted out and the treasurer remarked: 
 " Mr Hawes, will you please sign this voucher?" 
 Hawes complied, and started off; but turning back, 
 as if struck by a sudden thought, he exclaimed: 
 " Burgoyne, let me see that paper." The treasurer 
 ] landed him the bill and the voucher which he had 
 signed, when Hawes thrust them into his pocket with 
 
CHEAP OFFICIALS. 
 
 Ill 
 
 the money which ho had received. Said Burgoyne, 
 " That bill is mine." Straightening himself to his full 
 height, and twisting his features into a terrible scowl, 
 Hawes exclaimed: "I am prefect, sir, and ex officio 
 custodian of all papers!" 
 
 I shall have occasion to mention the name of Mr 
 Hawes again in this work ; but I will say here, that 
 notwithstanding his peculiarities, he was one of the 
 best and purest legislators the country ever had. 
 
 California's admission into the Union, the 9th of 
 September, 1850, was the occasion of great rejoicing 
 in San Francisco and throughout the state. Indeed 
 HO elated were the members of the two boards of 
 aldermen that they voted themselves each a beautiful 
 gold medal as a present from the city of San Fran- 
 cisco. 
 
 Thus nominally the law spread its aegis over the 
 communities of California. But there was no great 
 benefit in it. The chief towns responded freely to 
 gubernatorial calls, but little attention was i)rtid by 
 the lesser camps to the adoption of a constitution, the 
 organization of law-courts, or the meetinu' of logisla- 
 tive assemblies. Little by little the garment of con- 
 ventionality was thrown over these new communities, 
 but it was ill-fitting, ill-adapted to those social abnor- 
 mities which it was never made for, and hence was 
 for the most part thrown aside as useless. Although 
 the people were patriotic enough, none but the more 
 worthless would deny their gold-gathering proclivities 
 for the gratification of political honor. It was easy 
 to find men to fill the liisflicr offices of srovernmeut, 
 such as governor, judge, or receiver of public funds; 
 there were plenty of men too lazy to work, and with- 
 out sufficient wit to live upon, who for salary or per- 
 quisites would accept office, but intelligent honest 
 men to fill the place of inferior functionaries at paltry 
 salaries w^ere not forthcoming. The pay of a member 
 of congress was then but eight dollars a day, and a 
 
112 
 
 THE ADVENT OF LAW. 
 
 California ffold-disjijer would abandon in disdain a 
 claim that did not yield him twice as much. 
 
 Loni;' before good government and law-courts could 
 be established there the Foothills were Hooded by 
 a gold-thii'sty humanity. In the absence of good 
 laws well administered the people of the mining dis- 
 tricts were obliged to make laws for themselves. 
 This tlicy did in the simplest manner and with a view 
 to the immediate attainment of justice. Thefts and 
 murders were quickly followed by whipping or hang- 
 ing. These crude self-constituted tribunals were soon 
 the terror of evil-doers, who thereupon became aware 
 that it was better to work and be honest than to steal 
 and 1)0 hanged. 
 
 Tlio community being thus purged of its criminals 
 in the absence of law, law" next biicomcs criminal 
 and scourges the people through the medium of its 
 ministers. Every member of society was amenable 
 to the law except officers of the law and their friends. 
 Plutarch tells us that " when Anacharsis heard what 
 Solon was doing, he laughed at the folly of thinking 
 that he could restrain the unjust proceedings and 
 avarice of its citizens by written laws, which he said 
 resembled in every way spiders' webs, and would, like 
 them, catch and hold only the poor and weak, while 
 the rich and powerful would easily break through 
 them." After the trial and conviction of Socrates his 
 judges turned to him, according to the custom at 
 Athens, and told him he might bid for his life; so in 
 these early San Francisco courts at almost any stage 
 of proceedings the defendant might buy an acquittal 
 with money. And here as in Rome, false accusations 
 were sometimes made against good men, such as 
 Pliny complained of in Regulus, who of all two-footed 
 creatures was called the wickedest. 
 
CHAPTER VIII. 
 
 CHARACTERISTICS OF CRIME IN CALIFORNIA. 
 
 Ay, do despise me. I 'm the prouder for it ; 
 I like to be despised . 
 
 Bkhcrxtaff. 
 
 Obviously the peculiarities of crime in California 
 arose from the peculiarities of conditions. Bees 
 make their cells cylindrical, but mechanical pressure 
 gives them a liexagonal form. So it is with crime and 
 criminals; the villain lays his i)lans smooth and roun«l, 
 but circumstances press them into other shapes. 
 
 Physicists tell us not only that molecules exist, but 
 that every molecule has its individuality; and this 
 whether atoms are born of and developed from ])re- 
 existing forms, whether matter is or is not self-existent 
 and eternal, or whether matter may or may not be 
 reduced to force alone. As different phases of matter 
 in the body act chemically when brought together so 
 as to produce different kinds of substance, so phases 
 of mind, or constituent qualities, acting under the 
 chemistry of human nature, yield their several moods 
 .and affections. There are two liquids which united 
 become solid; there are two cold substances wliich 
 united produce heat; there are two evils which make 
 a good. There is nothing that crushes manhood 
 and keeps mind debased like ancient forms and super- 
 stitions. It is among the conservative elements of 
 state, church, and society that we find fashion domi- 
 nating sound sense and good principles, that we find 
 form more esteemed than godliness or sweet charity. 
 And it is not necessary, in older to be sustained in 
 
 Pop. Tmb.. Vol. I. 8 
 
 (U3) 
 
 ! ! 
 
 •M 
 
114 
 
 CIIAnACTKRISTICS OF CRLMi: IN CALIFORXIA. 
 
 tliiw aiitiqiio iiiunimery, to make of tluj creator a r^v^<♦ 
 e,r movliiiKi, who may l»y human exiiostulatioiis suHi- 
 c'iuiitly loud or lo^jical be iiuhicod to iiitorfen* in tlio 
 workinijfs of tlie laws which ho has made: ho in order 
 to he rid of the tyramiy it is not necessary to deny 
 the possibiUty of unexpected fortunate occnirences. 
 There was other escape fi"om this mental incubus in 
 the year of «jfi-ace 1849, which was to encamp amonj^ 
 the Sierra Foothills. 
 
 In the melodrama now beini^ played the scones 
 wore dramatic beyond descri[>tion. The actoi's and 
 their parts were as varied as human nature and 
 anomalous circumstance could produce. Comedy was 
 tragic, and tragedy comic; on the same lK)ard in 
 simultaneous declamation were hero, clown, and 
 heavy villain, who with the plodding people as a proy 
 presented a ])erformance fascinating in the extreme. 
 
 Not that California was particularly bad; not that 
 there was less good than evil abroad; not that San 
 Francisco was worse than any other seai)ort city, or 
 worse then than now. The times were fi'esher then, 
 and the lately unfettered nature of the ))eople was 
 more pnmounced; but for looseness of morals, |)olitical 
 and social, for unjirincipled cunning on all sides, un- 
 blushing rascality in high ]>laces, a lavish expenditure 
 of money by the wealthy in order to demoralize law 
 and defeat the ends of justice, connnend me to tho 
 present time. Tho tyrannies of feudalism were tame 
 as compared with the inftxmies of the political and in- 
 dustrial magnates of to-day; for, as Thucydidcs says, 
 "it is more disgraeefa) for men in high office to 
 improve their private forxunc by specious fraud than 
 by open violence. Mjgl\t makes right in tho one case ; 
 while in the other, man throws over his proceedings 
 the cloak of despicable cunning." 
 
 In tho earlier social fermentations, the wickedness 
 innate in every community was more visibly apparent 
 upon the surface. The men composing the commu- 
 nity were for the most part, as I have before observed. 
 
 of 
 
HIDDEN AND OPEN VICE. 
 
 115 
 
 from tlu' better walks of life, mon of intollinfeiiro aiul 
 fair traininLj. Their instincts and tlieir aspirations 
 were as a rule nol»le. Tiie |ie<'uliaritv of ti>eir j)osi- 
 tion lay ehieily in the faet that they were without law 
 or j;overninent. They were n«>t wild beasts o!" sav- 
 n^^es; therefore they neeiled rule. In the absence of 
 indiiujenous institutions, in the heteroi^eneous charaetei* 
 of tills social coni|>oun(l, in the <liversity of thoui^ht and 
 customs, and in the varieties of opinion here min<;led, 
 if ever stronji^ rule was needed it was over this con- 
 glomeration of civilized men living almost in a state of 
 
 savagism. 
 
 In the absence of a ruler every man was his own 
 despot; each did what wa.s good in his own eyes. 
 There were not even those social restraints so essen- 
 tial to good behavior, and which are indeed stronger 
 than the strongest law. Hence it was that misbe- 
 havior wa« unblushingly open. It makes a vast dilfer- 
 ence to refino<l civilization, even to aisthetic; religion, 
 whether breaches of conventionalisms be hidden or 
 o])en, whether the senator has seven mistresses in 
 Washington, or the .saint an many wives in Salt Lake 
 City. 
 
 The superabundant wickedness of to-day we hide 
 away, and aft'ect not to see it. We pass laws against 
 gambling, against prostitution, against all the more 
 rc])ulsive forms of vice, and then with pious prudery 
 make the bare mention of such obnoxious evils profane 
 to ears polite. Meanwhile, nursing our secret sins, 
 lying in wait for opportunity of advantage ov^er our 
 neighbor, hardening our heart to the misfortunes of 
 others, do we not, under cover of decency and respecta- 
 bility, indulge in all the lusts and passions which we 
 so sanctimoniously condenm in open offenders? In 
 society everywhere we see certain of the moderately 
 wicked execrated, while others infinitely more wicked 
 are lightly blamed. The forms that hide the hideous- 
 ness of vice cover brutality, and put on the appearance 
 of virtue. There is a drapery beneath which shame 
 
 It! J 
 
 h 
 
 If 
 
116 
 
 CHARACTERISTICS OF CRIME IN CALIFORNIA. 
 
 will not creep. Neither religion, morality, nor law is 
 tlio most powerful lever of oar present social mechan- 
 ics; make sin unfashionable if you would eradicate it. 
 Break all the moral laws you please, but beware how 
 you tread upon the toes of society. Do you wish to 
 steal? Do it legally and successfully, as a railway or 
 land monopolist, and you will be adulated in your ill- 
 gotten wealth. There are more refined ways of 
 killing than with knife or pistol ; affection, character, 
 ambition may be slain, leaving the skeleton of de- 
 parted hopes to stalk the earth as in the pale moonlit 
 streets of a ghostly city; and though such deeds be 
 dastardly, society does not heed them so long as they 
 are not ungenteel, or bunglingly done. Some may 
 bo governed more or less by an abstract sense of right, 
 based on moral or religious ideals, but these form a 
 small part of any community. Many more think 
 their actions are regulated by some such sentiment 
 when it is really not the fact. . 
 
 Every age and nation has its individuality, has 
 some leading form of virtue or rudimentary excellence, 
 ])osscssing which, in the eyes of society, the individual 
 is virtuous and excellent, and lacking which he is 
 anathematized. The standard of excellence may be 
 at one time courage; at another, religion, birth, caste, 
 learning, patriotism, and the like: each in its turn 
 takes its place as the moral ideal. And this ideal 
 is constantly undergoing change. For example, the 
 virtues essential in Spain, four centuries ago, are not 
 the essential virtues of Christendom to-day. Then 
 obedience was the superior charm of woman; now it 
 is chastity. Then blind loyalty best became the good 
 citizen; now there are men of good conduct and 
 character who question the immutability of any one 
 set of civil or ecclesiastical forms. 
 
 Similar forms in character may be generated from 
 different causes. Thus one nation is conscientious 
 and honest from habits inculcated by a life of labor 
 
RELATIVE MORALITIES. 
 
 117 
 
 and deprivation ; another from religious or superstitious 
 motives. A long life of painful self-sacrifice or devo- 
 tion to a cause may spring from a desire to please God, 
 or from a desire to please one's self But whatsoever 
 its gene'sis, it is this moral ideal that gives concretion 
 to society and force to form. 
 
 The law takes little cognizance of the relative good- 
 ness and badness of human nature. In its eyes a man 
 is wholly good or wholly bad. It draws a line, and 
 all who happen to be on one side are doomed to jails 
 and penitentiaries, while those on the other side may 
 go free. The greater part of the human family hover 
 near this line. The good are not very good nor the 
 bad very bad. The law shows little discernment in 
 its separations. There are many on either side who 
 rightly belong on the other. Often a little more 
 villainy would save one from the gallows, and a little 
 more benevolence would send many an uncondemned 
 criminal thither. 
 
 Back from the line some distance we find the ex- 
 tremes. Take one each of these, place them side by 
 side, the greatest saint and the greatest sinner; then 
 compare and analyze. Many qualities we find com- 
 mon in both, such as patience, application, knowledge, 
 skill, courage, self-denial, affection, and a hundred 
 more. The difference in their natures may be very 
 slight, so slight, indeed, that a pennyweight more or 
 less of this prejudice or passion, oi of that bent of 
 intellect or strength of physi ^ue, was all that stood 
 originally between the paths that later led to a prison 
 and to a pulpit. As in nature, so in man, the product 
 depends entirely on the mixture of elemental prin- 
 ciples and the incidents generated therefrom by envi- 
 ronment. 
 
 A life of crime j^er se is seldom chosen by the worst 
 man. Cr' • is generally the result of ignorance or 
 passion, ine consequence is either not known or not 
 considered. Aggregations of men may do that with 
 impunity fw which individuals so offending would 
 
 H 
 
 ! I 
 
118 
 
 CHARACTERISTICS OF CRIME IN CALIFORNIA. 
 
 bo severely punished. What is war but wholesale 
 murder? How differs corporation from individual 
 swindling? In early California personal surroundings 
 were so different from any hitherto experienced that 
 one found one's self in the midst of a thousand tempta- 
 tions. And yet California made very few men bad; 
 most bad men were such before coming hither. Every 
 one was here with an avowed object, the accumulation 
 of wealth; hence the one who scraped together the 
 most gold was the best man. This passion being of 
 the baser sort, in the absence of those restraining in- 
 fluences usually attending individuals so far advanced 
 in culture as these, their baser part appeared upon 
 the surface, mingled with their better part in a 
 degree unparalleled in tlie gr<3wth of communities. 
 They would have money; morality was a difterent 
 and comparatively insignificant matter. The power 
 of wealth was all the rcspectabilitj' necessary. They 
 would indulge their passions as they pleased, some in 
 one way and some in another; and as long as a man 
 paid his debts he was not open to serious censure. 
 Thus in the association of these heroes of the golden 
 calf, with the attendant elements of pugilistic chivalry 
 and brute force, was seen what we might call a modem 
 age of antique intermixtures, a combination of the 
 golden age, the heroic age, and the stone age, with 
 latter-day liberalized modifications. 
 
 Crime here had an individuality not less pro- 
 nounced than the peculiarities of the people. In 
 cliaracter and quality it partook of the nature of the 
 times. Its origin was as often vanity and liot blood 
 as it was cool, calculating cupidity. Tliere was a chiv- 
 alrous l^caring and dash about it which to many was 
 enticing. The danger of it was charming; the field 
 for atrocious ambition was vide ; murderers delighted 
 in the magnitude of their achievements, notclihig the 
 number of their victims on tlie hilt of knife or pistol. 
 Theft was base, unworthy a true knave-errant. When 
 
THEFT AND MURDER. 
 
 119 
 
 men did steal, it was in a sort of magnificent style, 
 such as highway robbery, unearthing bags of buried 
 gold-dust, or for revenge. There was glory even in 
 failure; the captured criminal was for the time a Iiero, 
 the observed of all. !Men eyed him ; women talked 
 of him; editors wrote of him. Business was dropped, 
 and whiskey drunk, and court-rooms were filled, and 
 briefs written, all for him. Jails were opened for him 
 and free accommodations furnished. He was the 
 guest of the town. For him sheriffs bustled, juries 
 sat, lawyers ranted, judges looked grave; and even 
 if he was hanged there was something flattering in 
 the punishment. 
 
 There was a subdued audacity in the fighting men 
 '^f California. The blustering Ensflishman had not 
 his counterpart here, nor the wild Irishman, nor the 
 half-crazed Frenchman, nor the border ruffian of Kan- 
 sas or Mis,'!)issippi. There was much of tlie gentleman 
 about them, in many much that was chivalrous. The 
 true Californian desperado was a mild-mannered man, 
 gentle in demeanor, not given to much drink, and 
 though about to cut you in pieces, he greeted you with 
 a smile of sardonic sweetness. As a rule he patronized 
 the barber, sported a white shirt and neatly fitting 
 and well polished French boots; and when carrying 
 the houors of a fresh murder he sometimes indulyfcd 
 in kifl liioves. 
 
 S Aiii'l'ng, the Lilliputians punished more severely 
 Hr u ' !!(;ft, because it was easier, they said, to protect 
 tiif'ir pcupi^rty from thieves than from cunning and 
 unprliic >1' 1 persons who peri>etrated their villainies 
 within the pale of law. In like manner the Calilor- 
 nians punished theft more than murder, because men 
 carried their lives about with them, and miglit defend 
 them, but property left to itself was defenceless. 
 The easy, open, self-reliant disposition of the peoj)le; 
 th jir fondness for harsh words, though so often acconi- 
 yiii' !od by gentle deeds, their hot blood and hatred 
 ioi •■: !'atsoever in appearance was craven, the exposed 
 
 1 1 
 
 H 
 
 ^i 
 
 
 j1 
 
120 
 
 CHARACTERISTICS OF CRIME IN CALIFORNIA. 
 
 condition of men and money, the free use oi" strong 
 dr'.nk, and the necessity felt of always going armed, 
 ware among the chief causes of bloody affrays; and 
 when woman came, as ever in the history of the race, 
 she was a new and fruitful source of deadly encounter. 
 
 Thus it was that crimes against the person were 
 more general than crimes against property; and one 
 cause of it may be traced to the grand opportunity 
 for the evolution of avarice which was oftered by 
 gambling. In professional parlance, the dead-broke 
 man could almost always, by borrowing, or working a 
 little, raise a staki\ ad thus find gratification for 
 that covetous greet " ■ h, without this opportunity 
 and excitement, must I to schemes of darkness. 
 
 Moreover, where ever^ man was obliged to defend 
 himself, and in a measure to right his own wrongs, 
 greater license was allowed in the employment of 
 deadly weapons. When rifles, revolvers, and bowie- 
 knives were the fashion, when no one was supposed 
 to be decently dressed without them, it were a little 
 singular if one should never be allowed to use them. 
 Hence it was that crimes of violence, the result of 
 excited passion arising from strong drink, gambling, 
 fancied wrong and insult, were more common and less 
 severely punished than crimes displaying iimat mean- 
 ness. There was no necessity for stealing; food was 
 plentiful and easily obtained, very little clothing was 
 necessary, life in the open air was delightful, and work 
 was honorable; on the face of earth there walked, in 
 his opinion, no man more noble than the honest miner, 
 even though his woollen shirt \yas never washed ; and 
 to sf nke a hearty, maidy blow for whiskey or opinion's 
 sake, even though somebody died in consequence, was 
 quite different from the sneaking meanness of the 
 Mexican cattle thief On the other hand, those very 
 causes which diminished theft increased personal 
 violence. Freeness of life and manner, stimulating 
 drinks, stimulating air, absence of social restrictions, 
 all tended to the turning loose of passion, and to that 
 
INFLUENCE OF DEADLY WEAPONS. 
 
 121 
 
 gratification of appetite which breeds licentiousness 
 and blows. Hence it was that in the earlier stajjea 
 
 1 • • • • • 
 
 of arbitrary justice the thief was hanged while the 
 murderer was left to run at large. 
 
 In 1875 the carrying of deadly weapons without 
 special permission was forbidden in San Francisco; 
 since which time hundreds of applications for such 
 permission have been made and granted. It has 
 been questioned whether under this law the safety 
 of the citizen or of the robber is the better secured. 
 Men of nocturnal occupations, and those living in 
 lonely suburbs, dc( I'^od it necessary to go * heeled,' 
 as hoodlums say; but the permits issued became so 
 numerous as to include many whose intentions were 
 assault rather than defence. Coercive laws, such 
 as restrict the innocent action of responsible men; 
 sumptuary laws, laws against intemperance and im- 
 morality, never will regenerate society. Ho who 
 desires to do murder will not hesitate to break the 
 lesser law against carrying weapons. 
 
 As in savagism ornament precedes dress, so in 
 border communities deadly weapons precede the im- 
 plements of legal justice. Everybody, dimng the 
 Inferno, the disreputable and the respectable, deemed 
 it a necessity to carry weapons. This shows how 
 blinding is fashion. 13ccause hung to every man's 
 belt were glittering implements for the losing of 
 human life, it was taken for granted that no life was 
 safe without such implements. Surely the applica- 
 tion of a little thought and common sense to the 
 subject would have shown them that exoe})t in ex- 
 traordinary cases, even in a community of rough fire- 
 eaters, he who went unarmed was less liable to be 
 attacked, less in danger of losing his life, than ho 
 who always went armed to the teeth for purposes of 
 defence. Weapons invite violence. They are as bad 
 playthings for men as for children. In California 
 they were as dragons' teeth sowed broadcast along 
 
 I 
 
 1 
 
122 CHARACTERISTICS OF CRIME IN C^VLIFORNIA. 
 
 the Foothills, which sprang up each to the other's de- 
 struction. Not less than ten millions of dollars of the 
 precious metal taken from the mines of the Pacilic 
 States has gone to pay for guns, pistols, and knives 
 with which the people might butcher each other, and 
 without which all would have been better off. 
 
 Quarrels between the rascals themselves were 
 promptly settled by bowie-knife or revolver. As a 
 rule they died with their boots on, as they expressed 
 it — that is to say, violent deaths ; indeed they expected 
 nothing less. Ancient belligerents, each having sworn 
 to kill his enemy on sight, would stroll alx)ut the 
 street with eyes and ears on the alert, with hand on 
 pistol-hilt, and on coming together both would draw 
 and fire as rapidly as possible, neither of them speak- 
 ing a word. Duels were in order; of the one hundred 
 fought in California about one third were fatal to one 
 of the combatants. Althounfli our law makes duelling: 
 a felony, no one has ever been properly punished for 
 this offence; yet public opinion is against it, and a 
 duel now is of rare occurrence. The quiet citizen the 
 ruffian seldom molested, except in cases of robbery. 
 At no time in the history of the country need any 
 well-behaved man, minding his own business and 
 avoiding drinking-saloons, have greatly feared for his 
 life. 
 
 I have said that there were different deixrees and 
 methods of punishment. A warning to leave the 
 camp, or town, or city, or country, was the mildest 
 form; whipping was not unusual, but hanging was 
 most common. In a country where all was turmoil 
 and confusion, and where a liberated criminal would 
 be as free as ever to commit now crimes in another 
 camp or district, capital punishment seemed the only 
 effectual cure. Suspected and disorderly persons were 
 driven away. 
 
 Hanging was done in various ways — by shoving 
 the criminal from the door of a loft while a rope 
 suspended him by the neck to a beam above; by 
 
METHODS OF PUNISHMENT. 
 
 12S 
 
 running him up to the bough of a tree, a number of 
 men having hold of the rope and sharing in the 
 execution ; by mounting him on a box or cask under 
 a tree, and when all was ready knocking the support 
 from under; by mounting the condemned on a horse 
 or mule, tying his neck to the limb of a tree, and 
 driving the animal out from under him. Sometimes 
 one of the miners would be appointed executioner, at 
 other times all would join in the unwelcome work. 
 
 A fourth punishment — hanging, exile, and whipping 
 being the first three — was one no less effectual than 
 novel. It was the custom of committees of vigilance 
 when they had in their possession a Imd character 
 against whom there existed strong suspicion but not 
 sufficient evidence for conviction, before setting at 
 liberty such an one to cause his likeness to be tal;en, 
 that all villain-hunters might thenceforth know liim. 
 The Chinook of tlie Columbia, in the enjoyment of 
 his aboriginal phantasy, would sooner die than have 
 his other or intrinsic self, or soul, transfixed iu liglit 
 and shade, or imprisoned on the canvas to be carried 
 hence, stolen, and forever lost to him. So tliese 
 worse than savages, wlio preyed upon their kind, 
 would ofttimes have preferred corporal punishment, or 
 exile, to tlie infliction of the daguerreotype. 
 
 There is more virtue in the lash for criminals than 
 many suspect. Bound to the wliipping-post, tlieir 
 backs bared to the sun, the performance which follows 
 is not sentiment alone. Prisons the expert malefactor 
 does not mucli fear. Even though doomed to dis- 
 appointment, hope of escape never deserts him. But 
 the whipping-post is an abomination, attended as it is 
 with pain as well as disgrace. 
 
 Yet however overwhelmed a mining-camp may have 
 been by cunning Ic naves and unprincipled miscreants, 
 by desperadoes newly made, and the spawn and outcast 
 of old societies; liowever crude the justice of these 
 uniledged civilizations, and however passionate and 
 insane the populace in the execution of a popular 
 
 
 ^ I 
 
124 
 
 CHARACTERISTICS OF CRIME IX CALIFORNIA. 
 
 verdict, mixed with the general mass there was always 
 enough of leaven in tho shape of inherent n()l)leness 
 of character, love of right, and practical good sense 
 in the maintenance of order and respectability, to save 
 the place from final destruction. This element of re- 
 spectability and a care for appearances was greatly 
 strengthened by the presence of woman, wlien slie 
 came, as well as of churches, schools, lyceums, and 
 piano-fortes; and while the quick-thinking and quick- 
 acting people were sometimes overcome of impatience 
 from laggard justice, officers of the law became more 
 and more respected, and were less interfered with iu 
 the discharge of their duties. 
 
 Early in 1850 some few began to think of remaining 
 permanently in the country, and accordingly sent for 
 their families. But even later the great mass of the 
 people intended only to secure a little fortune and 
 then hasten from these wild, and to many detestable, 
 shores. Some thought of a longer stay in connection 
 with political preferment or professional adv^ancement, 
 but even these looked forward in the hope of a return 
 eastward after a five or ten years' exile. Hence it 
 was that men, even of cultivated abilities and ma- 
 ture character, who under other circumstances would 
 have taken a lively interest in assisting to lay the 
 foundation of the political and social institutions of 
 the new commonwealth, were careless of the welfare 
 of the country, and took little interest in society. 
 Clusterincr round their heart-strinijs were the old 
 home affections, and many were the high aspirations 
 finally smothered in the hopes of return. They were 
 good men, and respected the dignity of government 
 and social order, but they did not come hither for 
 personal distinction, or for any other purpose but 
 fortune. 
 
 Where money was plenty and manners were free, for 
 the popularity of the thing, those even who intended 
 soon to leave the country forever might countenance 
 propositions tending toward public good, and might aid 
 
HISTORIC BELLS. 
 
 125 
 
 in the establishing of schools and churches, hut the 
 heart was not in it. 
 
 Overlooking since 1850 the upper side of Ports- 
 mouth Square, early San Francisco's historic centre, 
 is the Monumental Engine House. Many and varied 
 have been the doings witnessed from its windows, for 
 in this plaza there used to congregate men of every 
 color, of every phase of intellect, of every quality of 
 aspiration. Thence have been seen crimes of every 
 sort, and some displays of slow and of swift retribu- 
 tive justice. Assassinations the Monumental windows 
 have seen, and riotings, robberies, and hangings; the 
 tented foreigners in their low licentiousness, and the 
 gaudy saloon, and blazing, music-sounding betting- 
 shops; the grandest of early theatres, tlie Jenny Lind ; 
 the custom-house; the post-office, with its long line 
 of anxious letter -seekers on the arrival of every 
 steamer; these, beside mobs, elections, political dis- 
 plays, citizens' meetings, peddlers' cries, street preach- 
 ing, and a thousand other enlivening scenes. 
 
 There were not many bells in California then, but 
 the Monumentals had a bell on their engino-lKJUse 
 when churches were obliged to do without. Fire 
 was king, and could command what it would. There 
 were other flames beside the flame of fire tliat often 
 raged within hearing of this bell— flames of passion, 
 and the blazing of those lusts which so often bum to 
 cinders both body and soul. All the time those fires 
 of hell were flaming in the bodies of men, who were 
 constrained to fight them liourly or die. Men's passions 
 were always ablaze; but when property was on fire 
 the Monumentals struck their bell, and the alarmed 
 citizens roused themselves from their beds to the 
 rescue. It may not be out of place to monti du here 
 that the bell of the Monumentals was the official 
 organ of the terrible tribunal of 185(5, when first 
 convened, and rang to their death those most able 
 and gentlemanly scoundrels of the ballot-box stuffing 
 epoch: yet it was not the first to sound the note of 
 
 
 i 
 
CITARACTEPJSTICS OP CRIME IX CALIFORNIA. 
 
 warning to vicc-riddcn San Francisco. That lienor 
 bclinigH to tlio California Company's bell, which was 
 sounded with a billet of wood by Mr Oakcs, standing 
 on the ground — which was hainnicred by that gentle- 
 man when he wished to rouse the pco])lo to the trial 
 of Jenkins, in the sunmier of 1851. Later, the first 
 tribunal employed the bells of both these conijianies. 
 Likewise was seen from the same windows of the 
 Monumentals the chain-gang at work on the plaza 
 and public streets — a novel spectacle in America — 
 twenty or thirty hardened offenders, pallid through 
 long confinement, clanking their chains to the move- 
 ment of pick and barrow, and warning the novice in 
 crime of the fruits of evil doiniy. In older societies 
 such displays are rightly regarded as barbarous and 
 debasing; but here some more public and severe 
 punishment seemed necessary than the latest refined 
 and philanthropic methods. It was not the money 
 saved to the city, if indeed there was any such sav- 
 ing, but the moral effect that alone justified the 
 
 measure 
 
 The police court, or recorder's court, as it was 
 called before the passage of the consolidation act, 
 was the medium by which the moral ulcers of the 
 city were opened. The prisoners there every morn- 
 ing arraigned were mostly foreigners, and interpreters 
 of every civilized language under heaven were found 
 necessary. And the religion of these scoundrels, and 
 that of their friends, must be duly regarded, for the 
 vilest and most ignorant are often the most relijjious. 
 Herein was still greater diversity. Each witness was 
 sworn by whatever pecuhar sentiment of fear en- 
 vironment had placed his imagination under — the 
 Chinaman, for example, by holding in his fingers 
 a piece of burning yellow paper, symbolical of the 
 burning of his soul should he fail to tell the truth. 
 I regret that faithfulness enforces me to add that, 
 notwithstanding this solemn invocation of spiritual 
 fire which threatened to strew the path to paradise 
 
COURTS OF JUSTICE. 
 
 127 
 
 with the ashes of his soul, John did sometimes most 
 wickedly lie. 
 
 The lirst number of the San Francisco Ilcrdhl, 
 issued June 1, 1850, calls the attention of its readers 
 to tlie open and perscverinj^ attempts at incendiarism, 
 alHrming that there was then an organized gang of 
 ruffians devoting their time to the disturbance of the 
 public peace, and to maturing plans of burning and 
 robbing. Two or three attempts to lire tiie town 
 were somethncs made in a sinjjle nifjht. The jjancr 
 was composed chiefly of Sydney convicts, and corre- 
 spondence was carried on between the principal cities 
 of the state. Great difficulty was experienced by the 
 authorities in frustrating their schemes, reckless and 
 desperate as they were, and practised in all the arts 
 of villainy. A law was passed by the legislature to 
 deter the coming of convicts, but up to this time it 
 had not been enlcrced. 
 
 Courts of justice during those days were frequently 
 assailed by the press, but they had their defenders. 
 Writing December 13, 1850, the editor of the San 
 Francisco I'Jvening PicaijuncssiyH: "We have not been 
 indifferent, as we have shown on frequent occasions, 
 to the unwarrantable and disgraceful attacks upon our 
 courts, and upon those who preside over them, by one 
 of our morning journals. Wc deprecated, at the earliest 
 moment, the appearance of a seditious and disorgan- 
 izing spirit, but were told that all the talk in which 
 it indulged about the overthrow of the only defences 
 of our rights and liberties was all nonsense, and we 
 had concluded so to regard it. We have no fears for 
 the stability of the tribunals Avhich the people h^vc 
 created, and we have had no suspicions of any a ■ ; it 
 of the purest integrity in the judges that sit in them. 
 But we have looked with inconceivable displacency 
 upon the license that has been assumed, both to con- 
 trol and traduce them. We are glad to see that our 
 contemporaries have, some of them, given a strong and 
 manly utterance to a just, but wc fear useless, rebuke." 
 
 i 
 I 
 
128 
 
 CHARACTERISTICS OF CRIME IX CALIFORNIA. 
 
 This tended only to stir up all the more ordcr-lovinj^ 
 citizens, who continued to curse tlie courts because 
 they would not jiunish crime. At last the people of 
 California were awake, wide awake. 
 
 If they were to remain here but a week they did 
 not wish to be robbed or burned in the mean time. 
 Then grumblinij became chronic. Men com|)laincd to 
 each other, and came together in mass meetings, and 
 swore these things should not be. If crime had its 
 characteristics, so had those determined to eradicate 
 it. Knavery of all kinds was looked after — the owners 
 of steamers, that they should not carry more passen- 
 gers than the law allowed, no less than those who 
 would cut throats or burn buildings. Speculators who 
 caused flour to rise to twice or thrice its value were 
 openly and manfully denounced. While in all this 
 tlicre was much talk, there was some action, as we 
 shall see before the end of these volumes is reached. 
 
 In regartl to the spasmodic course of crime, I do 
 not know that it is more particularly so in Californir 
 than elsewhere. I think not. But here at all oven 
 its character has been clearly apparent. For a time 
 all would go on smoothly and quietly in the line of 
 villainy; then suddenly there would appear a shooting 
 mania or a house-breaking mania, or a mania for solf- 
 nmrder, and for a week or a month the columns of 
 the daily journals would present a stirring calendar. 
 Murder incites murder; blood begets blood. Like 
 every wave of fashion, crime undulates in common 
 directions. The force of example is no less strong in 
 suicide than in silks; ninety-nine hundredths of all we 
 do is done because wo see others do so. Readinj; the 
 reports of rascality, and the warnmgs against iniquity 
 in moral reform books and journals, engenders a morbid 
 immorality. When all books of a demoralizing tend- 
 ency are burned, our Sunday-school libraries will be 
 cleared of half their contents. 
 
CHAPTER IX. 
 
 LAW AND DISORDER. 
 
 Gcsotz iat miichtig, niiiciitiger die Noth. 
 
 Goetlif, 
 
 With the rise of legislative assemblies, the adoption 
 of a constitution, and the election of state and county 
 officers, the administration of affairs in the more settled 
 parts was taken from the hands of the merchants, me- 
 chanics, and miners, and placed under the direction 
 of the several officers of the law and legal tribunals. 
 Then the wicked took heart. Hitherto there had 
 been an absence of those legal and political juggleries 
 which primarily are devoted to defeating the ends of 
 justice. Now might crime weave round itself the 
 threads of law, as the larva spins the protecting cocoon. 
 Most strange and paradoxical was it that the eleva- 
 tion of law should have subverted legal authority, and 
 that the cultivation of morals should have so demoral- 
 ized the community. 
 
 I say the establishing of courts tended to encourage 
 crime rather than to prevent it. By manipulating 
 primary elections, and managing the polls, unprincipled 
 demagogues were placed upon the bench, and ruffians 
 made court officers. The most notorious offenders, by 
 giving straw bail, by producing two or three members 
 of their fraternity to swear an alibi, or by unblushing 
 bribery, were sure of acquittal or escape. In one year,, 
 for two hundred murders committed, there was but a. 
 single legal execution. Police officers connived with 
 professional house-breakers and shared the spoil. 
 
 While it was easy to hang a thief, it was difficult 
 
 Pop. Tbib., Vol. I. 
 
 (129) 
 
 
130 
 
 LAW AND DISORDER. 
 
 to convict of murder before the juries of the interior. 
 There were so many excuses which those could allow 
 who had themselves indulged in a little shooting, that, 
 oven when in the early part of 1854 juries began to 
 convict, they generally softened before leaving their 
 .seats and sent in a recommendation to mercy. 
 
 Juries were summoned from the hangers-on about 
 c()urt-rooms, men fit for nothing else, scarcely able to 
 live by their wits, and yet too lazy to work. Old 
 familiar faces were they, blossoming under the genial 
 influence of strong drink; old pensioners they seemed 
 to regard tlicmselves, as they did nothing but sit in 
 the jury box, the same person sometimes serving 
 several times in one dav. Thus the courts had always 
 at hand an acceptable, stereotyped jury of retired 
 Peter Funks from the puilieus of Long Wharf, petty 
 liucksters, perhaps, or sham bidders at Cheap John 
 auction rooms. 
 
 Murderers were our con^jressmen, and shameless 
 debauchees our senators. Qui' legislators were repre- 
 Hontatives of the sediment of society, and not of 
 worthy citizens. An ex-governor of the state, John 
 IVU'Dougal, was arrested for election frauds shortly 
 after his return from the east, in September, 1856. 
 Cowliiding affairs, in whicli a woman was either an 
 actor or tlie cause, and politicians parties to it, were 
 of common occurrence. Affrays between attorneys 
 in court, in the name and under the nose of justice, 
 and duels in whicli an editor, judge, or politician was 
 •r^iirc to figure, were frequent. 
 
 "There is scarce an officer intrusted with the exe- 
 cution of our state government," writes the editor 
 of the J'Jrcniuf/ Picaijune as early as August, 1850, 
 "scarce a legislator chosen to frame the laws under 
 wliich our interests and tlie interests of those who are 
 U) come after us are to be regulated, scarce a judicial 
 officer from the bench of the supreme court down to 
 the clerk of a village justice of the peace, scarce a 
 functionary belonging to the municipal administration 
 
RECORDS OF CRIME. 
 
 131 
 
 of our cities and incorporated towns, who has not 
 entered upon his duties and responsibilities as the 
 means of making money enough to carry him home. 
 His devotion to the well-being and advancement of 
 the community whose confidence he has sought and 
 won is measured by the dollars and cents to be acquired 
 by fidelity and industry in his place, rather than l)y 
 any prospective regard to the influence wliicli liis 
 official career may have upon the destinies of the 
 conmiunitv of which he has no intention to become 
 permanently concerned. " 
 
 From the criminal records of 1855 I find that in 
 California five hundred and thirty-eight persons met 
 their death by violenct^ Of these three hundred and 
 seventy were white, one hundred and thirty-three 
 were Indians, thirty-two Chinese, and three were 
 negroes. The most inoffensive, it may ho noticed, 
 suffered the least. The record can scarcely be correct, 
 however, as regards the aborigines, for liundreds of 
 them were slain by the dominant race, the murders 
 beinof never made known. Duriui? this same year 
 forty-seven persons are said to liave been executed 1)y 
 mobs, and nine by legal tribunals; ten were killed ])y 
 sheriffs or police-officers, and six by collectors of 
 foreign miners' licenses. Twelve perished in fights 
 about mininy: claims, and eicfht over the cfami no-table. 
 Prior to 1855 homicide was at least as frequent. 
 The district attorney of San Francisco asserts that 
 durinfj the years 1850-n inclusive there were twelve 
 hundred murders and only one legal criminal con- 
 viction. Though I do not vouch for the correctness 
 of this statement, it was, to say the least, a terrible 
 condition of things. 
 
 Helper in his LiCind of Gold makes a startling 
 statement, which I give for what it is worth, lie 
 affirms the loss of life by violence in California during 
 the years 1849 to 1854 inclusive to have been as fol- 
 lows: murders, 4200; suicides, 1200; insanity, 1700; 
 wrecked, or the victims of disease on the voyage 
 
132 
 
 LAW AND DISORDER. 
 
 hither by sea, 2200; perished, or killed by Indians 
 on the overland route, IGOO; perished in the mines, 
 and in prospecting for gold, for lack of care, or 
 scarcity of food, and by Indians, 5300. Total, 1G,400. 
 Life was cheaper than under Anglo-Saxon law, when 
 for killing a churl the murderer had to pa}^ ten 
 pounds, though for sixty pounds one might kill a king 
 and 2:0 free. Had Herod, for the slaughter of the 
 Innocents, been brought before a San Francisco jury 
 at that time he vrould have been acquitted. Judas 
 Iscariot amongst the California Christians would 
 have passed unscathed so long as any part of his 
 thirty silver pieces remained with him. Scores of quid- 
 nuncs, political Paul Prys, soi dlsant patriots, hung 
 round every drinking-saloon. As Plato said of the 
 Athenians, "It is dreadful to think that half the 
 people we meet have perjured themselves in one of 
 the numerous law-courts." Thus the moral perspec- 
 tive of society was anything but pleasing. 
 
 Time was when the personage wliom no one knew, 
 called Man in the ]Moon, was employed to negotiate 
 bribes. But no such clap-trap was necessary in the 
 present instance. In every precinct was a politician- 
 shop, where third and fourth rate wares from Ireland, 
 and old rotten relics from the eastern states, newly 
 veneered and varnished, were palmed off on the people 
 of California as sound and genuine. 
 
 The YQ\m\ of order following the demolition of the 
 Societv of Rejyulators was of short duration. The 
 disease which had fastened itself on this infant so- 
 ciety with such virulence was not eradicated, but only 
 scattered. Further indications of popular determina- 
 tion were visible during the midsummer of 1850, 
 and although the climax was not reached until six 
 years after, the main issues were seldom lost sight 
 of In the mad race of money-getting, office-holders 
 as well as others were troubled with the itching 
 palm. Gold dust was abundant; every one appeared 
 to be getting rich; business men were not always 
 
AN EXPENSIVE LUXURY. 
 
 133 
 
 over-scrupulous in the means employed for the ac- 
 quirement of wealth; San Francisco was a mighty 
 metropolis in embryo; why should not her othcers 
 make money with the rest? So they voted them- 
 selves larije salaries, built and bouo'ht extcnsivL-lv, 
 let contracts to supporters at double current rates, 
 stole the public lands, imposed heavy taxes on the 
 people, and swelled the public debt until the young 
 city groaned beneath the weight. They were not only 
 sordid in their craving for Ljain, but indecent in tlieir 
 sordidness. There were now those present wbo looked 
 upon San Francisco as Lneir future home, wlio liad 
 the city's true interests at heart, and these regarded 
 with no favoral)le eye the doings of political leeches. 
 
 Like everything Californian, when government set 
 in, it was with a vengeance. Following the approval 
 by the people of the city chai'ter, ^[ay 1, 1 850, it 
 became necessary for a eity of liiteen tliousand in- 
 habitants to pay a mayor, a i-ecorder, a comptroller, a 
 city marshal, and a city attorney, each a salary of 
 51510,000 ])er aimum. There was a board of aldcnncii, 
 and a lioard of assistant aldermen, sixteen members 
 in all, at a salary of sG,000 each ; a treasuier at ii>('),000, 
 and a tax collector at i?l 8,000. When the othcials 
 voted this Vi'ai'ly expenditure of !^170,000, and other 
 like exorbitant sums, out of the })eo])le's })ockets into 
 their own, under the usual caption, 'The })eoplc of the 
 city of San Francisco do ordain,' it was tirst thouglit 
 to be a joke, though a sorry one, and it was su))pose(l 
 the ordinance would be immediately rescin(K'd. Such 
 was not the case, liowever, and it soon became a])parent 
 that tlie citizens would not sul)mit to it. 1'he city 
 was already heavily in debt, and no provision liad been 
 made for the [)ayment of obligatit>ns long since (Uie. 
 Such a course was blighting to lier pj'os])ccts, ruinous 
 to her credit, and calculated to drixc awav settlers 
 and ca[)ital. 
 
 On tile ;}d of June a call was made to attend a 
 primary meeting at tlie ^[erchants Exchange, [ire- 
 
 ^' 
 
184 
 
 LAW AND DISOKDRR. 
 
 paratory to a mass meeting to be lield for ilio i)urpose 
 of adopting prompt and efficient measm*es for retreneli- 
 nient and reform. The meeting was well attended by 
 the most intelligent and influential men of the city. 
 But this was not all. So general was the indignation 
 felt toward tluj common council for its late unwar- 
 rantable conduct, that without concert several sinud- 
 taneous meetings had been projected by different 
 parties of citizens. "We are willing," said they, "to 
 submit to just and equal taxation. t(^ pay our munici- 
 pal otHccrs who devote their time to public affairs a 
 reasonable salary, but tlie ignorance, together witli 
 the lack of enersiy and abilitv manifested by the new 
 council in extricating the city from tinancial dilH- 
 culties, requires imme<liate action on the part of the 
 people." 
 
 At eio'lit o'clock a laroe and entliusiastic meetinijf 
 was held in the plaza, the cheers and groans from 
 which every now and tlien fell with electrical effect 
 on the ears of the aldermen in session near bv. ( )n 
 the evening of the 5th a still larger meeting, the 
 largest ever yet assembled in Portsmouth Square, 
 opeidy avowed the principle that the j'oople should 
 not tamely suffer wrong at the liand of their rulers. 
 There was no thought of disorder, or of inflaming the 
 public mind, or of rousing themselves into a passion. 
 Violence, either in word or deed, was condemned. 
 "We do not intend to mol) them," said ( roneral Wil- 
 son, who presided; "we come here to give forth the 
 voice of this comnumity." The great public heart 
 was aroused, and the [teople had resolved, cahuly but 
 decidedly, to tell their evil-minded offlcials to chanufc 
 their course or resign. 
 
 A committee of twenty-five was appointed to wait 
 on the council and make known the will of the people, 
 wliicli was, "to abandon the scheme of high salaries, 
 and remodel the schedule of oppressive taxation; and 
 unless willing to do so, to resign, and give place to 
 more efficient and patriotic men." The council re- 
 
PATIENCE OP THE CITIZENS. 
 
 135 
 
 ceived this reproof coldly, and laid it. on the tahle. 
 This was heaping insult on injury. The people 
 had placed the councilnien in power; they had a 
 right to meet to comment upon their acts, and to 
 demand that those in office should not misrepresent 
 them. 
 
 On the 12tli of June another mass meeting was 
 held, and the same committee, with power to increase 
 its number to five hundred, was authorized to present 
 the same resolutions before the common council, in 
 such form as the committee sliould think proper. ( )\' 
 this committee J. L. Folsom was chairman. After 
 having added the authorized five hundred to their 
 number, the committee resolved to march in pro- 
 cession to the council chambers, and tliere demand 
 obedience to the people's wishes. The evening of 
 Juno I'tth was the time fixed for this second visit, but 
 on that day one of the great fires swept the city, 
 and furtlier action was delayed. The result of tliese 
 meetings, howevei, M'as to check the extravaganc(! of 
 the ofiicials, and oive them wholesome warnin<r. 
 
 These facts are important as showing the mildness 
 and forbearance of the citizens of San Francisco under 
 aggravating wrongs. Far from beino- riotous or dis- 
 orderly, they were lovers of law and tjuiet; and never, 
 until all other means liad failed, anil time had worn 
 patience to a film, and the actual salvation of the city 
 de[)ended on it, did they resort to arms. Notwith- 
 standing their nerve, judgment, and decision, there 
 never was a more orderly and peace-loving people; 
 otherwise how should they have staked their- all ^ov 
 order and peace? Surely they might Iiave rioted 
 witli the rest, ha<l they so chosen. 
 
 Xot until the lOtli of December, 1852, did the first 
 capital execution under sentence of a lawful tribunal 
 take place in the county of San Francisco. The name 
 of the person laying claim to this distinction was .lose 
 Forner, and his crime the murder of a IVEexican in 
 Pleasant Valley on the 13th of SeptenJjer. The 
 
13G 
 
 LAW AND DISORDER. 
 
 execution took place on the slope of Russian Hill, 
 about three quarters of a mile from the county jail. 
 
 At Sacramento matters were no better. Not satis- 
 fied with attempting to overawe the people, the self- 
 a})})ointecl regulators of society sought to suppress 
 ])ui)lic opinion. In a certain is.suo of the Sacramento 
 Times the editor, Mr Lawrence, had called the atten- 
 tion of the city authorities to a drinkinix-saloon, called 
 The Branch, nnmediately opposite his office, where 
 daily and nightly orgies were held of a noisy and dis- 
 reputable cliaracter. For this, about 'J o'clock on 
 Sunday night, the 13th of April, 1851, as he was 
 jjassing tlie place on his way liome from the theatre, 
 he was set upon by a gang of hangers-on, some 
 twenty or thirty in number, knocked down, and beaten 
 into insensibility. And tliey threatened with like 
 punishment any editor who dared question their yile 
 proceedings. This dastardly attack upon a worthy 
 man for doing nothing but his duty roused the indig- 
 nation of the peoi)le, who thereupon issued a circular, 
 signed l)y about a thousand of the best men, in which 
 they declared their alarm at the growing indications 
 of crime in their midst. "We had hoped," said they, 
 "that the summary j)unishment which has already 
 been inflicted upon a number of the villains who have 
 been detected in crime would admonish the balance, 
 and free us from any further inroads upon our laws, 
 our rights, or our lives. We, therefore, having heard 
 that they design an attack upon the various editors 
 of the eitv, and in their own lani»'uaije to make a clean 
 sweep of them, do liereijy pledge ourselves to sustain 
 evei'v paper in Sacramento in reprobating to the full 
 extent of their power the outrages of these scoundrels 
 in inifjuity. .Vnd we furthermore assure the editors 
 and })ublishers of our city, sepai-atelv and collectively, 
 that if any or the slightest injury be inflicted upon 
 one or any of them in consequence of such a course 
 editorial being jtursued, we will inflict upon the parties 
 
 I ' 
 
INCENDIARISM. 
 
 137 
 
 SO injuring a punishment from which they will never 
 
 recover. 
 
 To return to San Francisco. The first of December, 
 1850, affairs stood thus: Highway robbery, hitherto 
 confined to the outskirts of the city and perpetrated 
 only at night, had entered the town and was practised 
 in tlie daj'time. Crime st Jked bold!}' in the puUic 
 thoroughfares. Attempts at incendiarism, with a ^"iL^v 
 of profiting by the confusion and securing plunder, 
 were frequent. It was ascertained beyond (jucstion 
 that another organization existed, and that its agents 
 were in every part of the city engaged in divers oecu- 
 l)ations that their nefarious schemes might thereby 
 the better be covered. Thev had spies who usuallv 
 assumed the role of peddlers, and under pretence of 
 disposing of their wares examined prcmisi'.s marked 
 for robber}'. The police force was small and ineffieieut. 
 In case of an arrest tlie law was powerless; false wit- 
 nesses were suborned, and straw bail given, and not 
 more than one in ten was ever convictetl. Crimes 
 were classified and systematically parcelled out to 
 adepts. A large number of boys from ten to .sixteen 
 years of age were emj^loyed; these, trained by their 
 superiors in crime, displayed marvellous dexterity. 
 Females also belonged to the band; and there were 
 houses of refuge, and places where tlieir im[)lements 
 were concealed. Says one of the journals of the day: 
 ''We believe it to bo the dutv of everv citizen to arm 
 and hold himself in readiness to act in tlie ca])acity 
 of guardian of public safety at any moment. There 
 should be a simple machine of wood erected on tlie 
 plaza, with a rope attached, and some five or six 
 examples should be made which would strike terror 
 into the rest." 
 
 A fire which occurred on the night of the 1 4th 
 of December, evidentlv the work of an incendiarv, 
 lighted in the iron building of Cooke Brothers and 
 Company on Sacramento street between Lcidesd<jrff 
 
 I 
 
138 
 
 LAW AND DISORDER. 
 
 I '■ 
 
 
 and ^Tontgomery, for the purpose of burning the 
 Pacific Mail Steamship Company's office near by so 
 as to seize the treasure left there for shipment, called 
 forth similar plain expressions from the Ilerahl, whoso 
 editor, as we shall see, was ruined by opposition to the 
 Vifjilance Committee of 1856: "We do not advocate 
 the rash and vengeful infliction of summary punish- 
 ment on any person against whom the proof is not 
 positive of his connection with those crimes; but 
 although opposed to capital punishment in old com- 
 munities, where the execution of the law is so per- 
 fectly systematized that justice seldom fails of its 
 victim, we nevertheless liclieve that some startling 
 and extraordinary correction is necessarv in Sau 
 Francisco to arrest the alarming increase of crimes 
 against property and life, and to save the remainder 
 of the city from destruction." 
 
 William Wilson was caught stealing a shirt and 
 vest in Middleton and Hood's crowded auction room, 
 in San Francisco, in Fel)riiary. This kind of thing was 
 becoming too common. AVith one accord the buyers 
 present stopped their Indding, and turning upon tlie 
 wretcli beat him with fists and clubs and iron hoops 
 until well scarleted with his own blood, when they 
 handed liim over to a policeman. 
 
 The I)th of March, 1S5I, witnessed an indignation 
 meeting on the plaza. The Herald was then the 
 champion of the people's reform party, as it was in 
 185G the ultra organ of the law and order party. 
 William Walker, one of its editors, for some time past 
 had been endeavoring to rouse the people from their 
 letliargy in regard to social disorder, and in so df)ing 
 had indulged in severe strictures on 'the masterly 
 inactivity of the courts. This displeased Judge Levi 
 Parsons, of the district-; court, who requested the 
 grand jury to pronounce the press a nuisance, and 
 punish its plainness of speech. The Herald retorted. 
 Walker was arrested, brought into court, and fined 
 five hundred dollars for contempt, which he refused to 
 
THE CASE 0*' SLATER. 
 
 130 
 
 pay and so was sent to prison. Four thousand people 
 met and said the thing should not l)e ; four thousand 
 people condoled with Walker in prison, and requested 
 Parsons to resign. A writ of habeas covjms from 
 the superior court liberated the imprisoned editor. 
 Under popular censure, more fully expressed by the 
 state legislature then convened, the power of the irate 
 judge withered, and not long afterward he resigned. 
 
 The last day of this same month, while the exam- 
 ination of William Slater for the murder of Elijah 
 M. Jarvis was in progress at the court-house on the 
 plaza, as tlie officers were conveying the prisc»iier 
 from the court-room to prison, a party of twenty 
 horsemen from ^lission Dolores made a dash at tluan, 
 for the purpose of seizing Slater, taking him to the 
 Mission, and hanging him. The niurder liad been 
 committed under the mcjst aggravating eircumstaiices, 
 and the people knew of no earthly power from which 
 they might seek redress. Followed 1)V an excited 
 crowd, tlio otHcers hurried their prist)ner along Kearny 
 street, and secured liim in tlie statiou-liouse, although 
 they were well-nigh tram[)led by the horsemen. Tlius 
 foiled, the Mission men were furious. After an un- 
 fruitful eilbrt to excite a raid upon the prison, with 
 loud oaths they retired. 
 
 As if the combined misdeeds of the othf-ers of the 
 law and tlie legitimate dealers in hunum blood v ere 
 not enougii to exhaust the patience of the lionent and 
 industrious of San Francisco, a new order of yet 
 more aggravating villainy was now brought forward. 
 This was nothing less than a determination on tin- 
 part of the vultures to burn the city, for the oppor- 
 tunity it would otler for pillage. Fire is the devil's 
 natural element; and if now of the merchandise and 
 buildings of the city, the products of extraordinary 
 toil and privations, a grand bonfire could be made, 
 the emissaries of Satan might at one sweep avenge 
 all past attempts of retributive justice, and hold a 
 hellish jubilee. 
 
140 
 
 LAW AND DISORDER. 
 
 The great fire of the 4th of May, 1851, occurring 
 on the anniversary day of the great fire of May 4, 
 1850, was supposed to have been the work of the 
 miscreants. It started in a paint-shop, the owners 
 of which claimed to have exercised their usual pre- 
 cautions. Be this as it may, eleven days after, 
 almost before the smoke of the great conllagration 
 liad wholly cleared away, there was another attempt 
 made to fire the city about which there is no ques- 
 tion. Some infiammable substance was ingeniously 
 arranged in a store-room of the Veranda saloon, 
 corner of Kearny and Washington streets, to which a 
 slow-match had been applied. It was extinguished 
 before it had spread. The next night, the IGth of 
 ^lay, the city hospital then filled with patients was 
 fired by placing a burning lamp under a straw bed. 
 The flames were blazing brightly when discovered, 
 and the buildii.g narrowly escaped. 
 
 This was not all. ()n the night of the 3d of 
 June, one month al'tei' the last great annual May fire, 
 two attempts were made to burn tlie city. A pile 
 of shavings was found ignited under the stairway of 
 a now house on Commercial street, where a few 
 minutes before certain suspicious persons had been 
 seen lurking. 
 
 The same night one Benjamin Lewis, a Sydney 
 convict, was arrested for firing a house on Long 
 Wharf. During the preliminary trial a cry of fire 
 was raised. Though the alarm was false, the excite- 
 ment was so great that the officers were conn)elled to 
 I'einovc the prisoner to another lOom. When the 
 judge announced that the pi-isoner- would l)e com- 
 mitted for trial, and ordered the sheriff to bring him 
 in, from the door- way cries were heard, "Hang himl" 
 "Lvnch him!" "Bring him outl" Fast fillins: the 
 street was a tumultuous mob gathering. The mayor 
 ordered the California and Washington guards t(j 
 hold themselves in readiness, and mounting the upper 
 balcony, essayed to quiet the people. Meanwhile the 
 
 I 
 
SAFETY OF THE CITY THREATENED. 
 
 141 
 
 prisoner was secretly removed to a safer place; anrl 
 on the assurances of the mayor and marshal that he 
 should have a prompt trial the crowd dispersed. 
 
 Fire was kinilled simultaneously in several places 
 on California-street wharf, where were quantities of 
 hay and lumber, on the 7th of June. The flames 
 were discovered and quenched. Next morning the 
 Aha California came out in a strong editorial urging 
 the people to unite and adopt measures for saving the 
 city. The day of reckoning was at hand. 
 
CHAPTER X. 
 
 MOBOCRACY IX THE MINES. 
 
 Ell io cho di mirar mi stavii inteao, 
 Vidi fj'cnti fangosc in qiu'l piiiitano, 
 Ignudo tutte, ;■ cow semljiauto offeso. 
 Questo «i peicoteuii, iioii pin- con niano, 
 Ma con la testa, c col potto, o cu picdi, 
 Ti'oncandosi co 'deuti a brano a brano. 
 
 Dell 'Inferno. 
 
 While San Francisco was thus being stirred by 
 the spirit of evil, let us look at other parts of the 
 state and see liow matters were progressing there. 
 
 In the great \alleys of the San Joaquin and Sacra- 
 mento, during the year 1849, the halcyon days of the 
 previous year for the most part continued; neverthe- 
 less there were short, quick spasms of justice among 
 the miners, which as a faithful recorder of events I 
 cannot pass umnentioned. Although drop[)ed into 
 the concretions of the new societies as a hisus naturw, 
 they nevertheless, to a calm observer, were significant 
 of what woul • speedily follow. 
 
 From the time of the Greek voyager Ulysses to 
 that of the English philosopher Shaftesbury, dissimu- 
 lation has been regarded as an indispensable quality 
 in governing. Without art and policy, without intrigue 
 and overreaching, no man or set of men might rule. 
 Qui ncscit dii^sumi/arc, nesck regnare. The moral code 
 of almost every age and nation recognizes deceit as a 
 fair weapon to be used against an enemy. 
 
 In this respect the morals of the Californian miners 
 were far purer than those of the Machiavellian school. 
 They would shoot their enemy, or hang the enemy 
 
 (1*2) 
 
 \ 
 
 I 
 C 
 V 
 U 
 
 o 
 
MORALS OF THK MINERS. 
 
 143 
 
 of their camp, but they would not deceive liini. Tliey 
 found II way to rule themselvcH and their little societies 
 without Jesuitical cunning. They were the sons of 
 their father Adam whose eyes had been opened to 
 know good and evil, mid when they saw wickedness 
 coming into camp, warned hy the folly of their primo- 
 genitor, they lifted their heel and crushed it. 
 
 Foote thinks that with the greatest }jro})riety we 
 may laugh at him who affects to be what he is not, or 
 who strives to be what he cannot. Far less than the 
 subtle diplomatist who scorns the sim})lc methods of 
 honest men; far less than tlie politician who jireys on 
 the j)atriotisni of honest men; far less than the ruler, 
 or legislator, or law-manij»ulator, who wouhl tlu'ottle 
 honest men sooner than permit them to })unisli crime 
 if such action is to disturb the slumber of his sacred 
 form — far less than these, to whom dissimulation is 
 bread, do the miners of California, in their adminis- 
 tration of justice, subject themselves to the derisive 
 smile of any one. Simple, honest, earnest, they afiectetl 
 nothing, and in the direction of self-government, at- 
 tempted nothing which they failed to accomplish. 
 Here was a people who might give Solon oi- Jus- 
 tinian a lesson in the method of executing justice. 
 Some one has said that their practical cast of intellect 
 made the Romans the great law-givers of all at^es. 
 With equal propriety we might observe that the Cali- 
 fornian miners, by their cast of circumstances, have 
 shown to the world moie than any other peo})le who 
 ever lived how civilized men may live without law at 
 all. Their code was as far as possible removed from 
 that of society morals, which is founded in the main 
 on the malum prohibitum rule, that makes a thing 
 wrong because it is forbidden. It was most catholic, 
 most simple. Let every man do what best pleases him, 
 only he must not injure his neighbor; if he docs, he 
 will be put where he cannot. The forty thousand vol- 
 umes or so of sage decisions issued by the bewigged 
 of divers nations contain no more law than this. 
 
144 
 
 MOBOCRACY IN THE MIXES. 
 
 , • 
 
 I ; 
 
 It is the duty of the government, if there be any 
 government, to protect the people; if not, of a surety 
 the people, if they be not dolts, will protect themselves. 
 The Hundred Court of ancient England was bound 
 to pay all loss by robbery unless it captured the 
 felon. It may be that we expect too nmch of 
 government; but if so, does not government expect 
 too much of us? How then shall imperfect man make 
 for himself a perfect government? Dull, obstinate, 
 and irrational in its units, how shall aggregated 
 humanity display moral and intellectual wisdom? But 
 for the so-called evils which are forever whipping 
 us into rectitude, we should straightway fall upon 
 destruction. 
 
 To Placerville belongs the honor of the first popular 
 tribunal of the placer-mining epoch. Distant but nine 
 miles from Colonia, where gold was first discovered, 
 the spot where now stands the town was early 
 occupied by diggers. Placerville, however, was not 
 the original name of the camp. It was first called 
 Dry Diggings; afterward, for the reason w^liich we 
 shall presently see, Hangtown. 
 
 It was not a pleasing spectacle, this first display of 
 unchained justice among the miners; but what could 
 they do? Five men, one night about the middle of 
 January, 1841), had entered the sleeping-room of a 
 Mexican gambler named Lopez, and had attempted 
 to rob him. One of them had placed a pistol at the 
 head of the gambler, while the others seized his 
 effects. Before they could escape Lopez had suc- 
 ceeded in giving the alarm. Roused by his cries, the 
 miners had ruslied in and arrested the whole gang. 
 
 Again I ask, what could they do? Stand there 
 holding the thieves until a jail was built, or until 
 congress should send sheriff and judge? They must 
 either turn them loose to further and instant crimes, 
 their numbers quickly multiplied by the absence of 
 punishment, or they must themselves do justice, God 
 
HANGTOWN AND ViaNITY. 
 
 i4o 
 
 liclping them, as best they might. So they selected 
 from amongst their number twelve, who ordered the 
 culprits to receive each thirty- nine lashes; which 
 having been well laid on, with due energy and 
 decorum, three of the five, Garcia and Bissi, French- 
 men, and Manuel, a Chileno, were further charged 
 with robbery and attempted murder on the Stanislaus 
 the autumn previous. The charge was easily enough 
 proved; the men, lying exhausted from their late 
 punishment, were unable to stand or speak during tliis 
 second trial "Wliat shall be done with them?" the 
 improvised judge asked of the two hundred assembled. 
 "Hang them," said one. E. Gould Buftiim was there, 
 and mounting a stump begged them, in the name of 
 God, humanity, and law, to desist from their meditated 
 action. But the miners, now warmed with drink, 
 would not listen to him. The prisoners were bad 
 men, and this thing must be stopped at once. So 
 with ropes round their necks, the three condeunied 
 were driven in a wagon under a tree, and there 
 lianged; after which they were cut down and buried 
 ill their blankets. And thereupon the place which 
 before this was known as Dry Diggings was for a 
 time called Hangtown. 
 
 Amongst the many Edcns of this early epoch none 
 were more radiant than Rose Bar, where two hundred 
 miners were encamped in October, 1849. Of many 
 another Eden, and of all the country round. Rose Bar 
 was tlie envy, for it enclosed its Eve, a white one, 
 called by courtesy Mrs Mace, being the ijuasi spouse 
 of a New Orleans captain of that name. With rocker 
 and (juicksilver, returns were from one to six ounces 
 a day, and life was as high as the labor-returns. Life 
 was high, but it was soft and heavenly, for a woman 
 was there, a white one. Not far from her (,'abin was 
 a nice nest of Mississippi River poker-players, sar- 
 donically smiling in answer to pet names, such as Blue 
 Peter, Dungaree Jack, and Arkansaw Pike. Between 
 
 Pop. Tmb., Vol. I. 10 
 
140 
 
 MOBOCRACY IN THE MINES. 
 
 such rare delights the captain was a spirit blest, for 
 he loved the company of the poker -players, and left 
 with them many an ounce ; until at length Mrs Mace, 
 declaring herself competent to do wickedness for the 
 family, left her lord and marched away to San Fran- 
 cisco, where she opened a house of unquestionable 
 entertainment. Nor could Rose Bar ever entirely 
 recover from the refining effects of the female presence. 
 Aside from this, it was an exceedingly moral place. 
 There were no lawyers there, no doctors, and but 
 one thief, Woolly Mike, who rose early one morn- 
 ing, and taking from his company's claim the gold 
 left in the quicksilver over night, went and hid it. 
 Suspected, searched, Mike gave the secreted amalgam 
 a fling which scattered it in the chaparral behind his 
 tent. But the glittering mercury betrayed him. He 
 was lightly punished with twenty -five lashes, twenty 
 minutes being given him afterward in which to walk 
 away. 
 
 And now from the close of this year of 1849, be- 
 hold the august mobs improvised as occasion required 
 in every camp and canon of the Sierra Drainage, the 
 quiet oaks meanwhile tasselled with the carcasses of 
 the wicked 1 There were mobs of every quality, and 
 for every emergency; tumultuous routs for the regu- 
 lation of a carouse; displays of brute force for the 
 promulgation of vulgar sentiment; violent tyrannies 
 for the attacking of homely prejudice and the harass- 
 ing of sanctimonious piety — mobile masses moulded 
 by wild environment to extravagant opinion. There 
 were mobs to establish a fight, and to settle every 
 species of dispute ; mobs to hang, to whip, to tar and 
 feather, to duck, to drive from town; mobs to guide 
 itinerant gamblers on their way, gently to set re- 
 volving run-down, erring woman, to direct the brawl- 
 ings of belligerent drinkers, to christianize with clul).s 
 celestial heathen, to assist at the shrinkings and ex- 
 pansions of valuable mining-claims, to dampen the 
 
 i ! 
 
VARIETIES OF MOBS. 
 
 147 
 
 enthusiasm of Mexican miners, to light free negroes 
 from the sacred precincts of the immaculate color. 
 
 Clothed with God-given intelligence and power, 
 and filled with devil-distilled whiskey, they were ripe 
 alike for gentle ministrations or mad extravaganzas, 
 for sharing their last bread and bacon with the needy, 
 or for administering the hempen fate to those whose 
 characters chance had colored. Cases there were v^^hen 
 a victim was required to appease the wrath of an un- 
 fortunate miner who had lost his gold dust, or of a 
 teamster whose cattle had strayed, one would answer 
 as well as another, and woe betide the suspicious- 
 looking stranger who falls into their hands while in 
 such a humor. Unless he can give a satisfying 
 account of himself, better had he never been born. 
 It must be admitted that somotimes the matter wus 
 determined before the trial, that sometimes the ac- 
 cused was hanged first and tried afterward, if indeed 
 he was tried at all. Neither did he who played the 
 part of hangman stop to consider his fee, nor did lie 
 expect anj^thing from the person executed, as once 
 would have been the ease in England. 
 
 "On my way to Marysville," writes Mr Coke, in 
 1850, "I stopped a couple of days at Sacramento. 
 The weather was beginning to be cold. I had been 
 ramblinoj all the morninof throu^^h the town, and was 
 just returned to my hotel, and sat ruminating over a 
 large stove in the bar-room, thinking Sa(Tameuto 
 about the most comfortless place in the world. In 
 the course of my walk I had observed a crowd col- 
 lected round a large elm-tree in the horse- market; oii 
 inquiring the cause of this assembly, I was told that 
 a man had been lynched on one of the lower bouglis 
 of the elm at four o'clock this morning. A newspapci- 
 containing an account of the affair lay on a chaii- 
 beside me, and having taken it up, I was perusing the 
 trial, when a ruffianly-looking individual interrupted 
 me with, 'Say, stranger, let's have a look at that paper, 
 will you?' 'When I have done with it,' said I, and 
 
I4S 
 
 MONOCRACY IX THE MINES. 
 
 continued readinu. This answer would liavu satisfied 
 
 •» 
 
 most C'hristians endowed with any moderate degree 
 
 of patience ; but not so the ruftian. 
 over the back of my chair, j)ut 
 
 He leaned himself 
 one hand on my 
 shoulder, and with the other held the paper so that lie 
 could read as well as I. 'Well, I guess you're readin' 
 about Jim, ain't you?' 'Who's Jim?' said I. 'Him 
 as they hung this morning,' he answered, at the same 
 time resuming his seat. 'Jim was a particular frieml 
 of mine, and I helped to hang him.' 'Did you?' said 
 I; 'a friendly act; what was he hanged for?' 'When 
 did you come to Sacramento City?' 'I arrived only 
 this morning, and have not yet heard the particulars 
 of this case.' 'Oh well I I reckon I'll tell you how it 
 was, then. You see, Jim was a Britisher; that is, 
 he come from a place they call ]^otany Bay, which 
 belongs to Victoria, but ain't exactlv in the old 
 country. I believe when he first come to Californy, 
 about six months back, he wasn't acquainted none 
 with any boys hereaway, so he took to digging all by 
 hisself. It was up at Cigar Bar whar he dug, and I 
 haj^pened to be a digging there too, and so it was we 
 got to know one another. Jim hadn't been here a 
 fortnight before one o' the boys lost about three hun- 
 dred dollars that he'd made a cache of. Somehow 
 suspicions fell on Jim. More than one of us thought 
 he had been digging for bags instead of dust, and the 
 man as lost the money swore he would have a turn 
 with him, and so Jim took my advice and sloped.' 
 'Well,' said I, 'he wasn't lynched for that, was he?' 
 ' 'Tain't likely,' said the ruffian; 'for till the last week 
 or ten days nobody knowed whar he'd gone to. Well, 
 when he come to Sacramenty this time, he come with 
 a pile, and no mistake, and all day and all night Jim 
 used to play at faro, and roulette, and a heap of other 
 games. Nobody couldn't tell how he made his money 
 last so long, nor whar he got it from, but certain sure 
 everybody thought as how Jim was considerable of a 
 loafer. Last of all, a blacksmith as lives in Broad 
 
COKE'S STORY. 
 
 149 
 
 street said he found out the way he done it, and asked 
 me to come with him to show up Jim for cheating. 
 Now whether it was that Jim suspected the black- 
 smith I can't say, but he didn't cheat, and lost his 
 money in consequence. This riled him very bad, and 
 so, wanting to get quit of the blacksmith, he began to 
 quarrel. The blacksmith was a quick-tempered man, 
 and after a good deal of abuse could not keep his 
 temper any longer, and struck Jim a blow on the 
 mouth. Jim jumped from his seat, pulled a revolver 
 from his pocket, and shot the blacksmith dead on 
 the spot. I was the first man that laid hold of the 
 murderer, and if it had not been for me, I believe the 
 people in the room would have torn him to pieces. 
 "Send forjudge Parker!" shouted some. ''Let's try 
 him here," said others. " I don't want to be tried at 
 all," said Jim; "you all know damned well that I shot 
 the man: and I know bloody well that you'll hang 
 nio. Give me till daylight, and then I'll die like a 
 man." But we all agreed that he ought not to be 
 condemned without a proper trial, and as the re])ort 
 of the pistol had brought a crowd to the place, a jury 
 was formed out of them that were present, and three 
 judges were elected from the most respectable gentle- 
 men in the town. The trial lasted nearly a couple of 
 hours. Nobodv doubted that lie was Quilty, or that 
 he ought to be liangcd for murder; l)ut the question 
 was whether he should die by lynch-law or be kept 
 for a rc<xnlar trial before the judges of the criminal 
 court. The best speakers said that lynch-law was no 
 law, and endangered tlie life of every innocent man; 
 but tlie mob would liave it that he was to die at once; 
 so as it was just then about daylight they carried liini 
 to the horse-market, set him on a table, and tied tlie 
 rope round one of the lower branches of a big elm- 
 troe. All the time I kept by his side, and when he 
 was getting on the table he asked me to lend him 
 my revolver to shoot one of the jurymen, who had 
 spoken violently against him. When I refused, he 
 
ISO 
 
 MOBOCRACY IN THE MINES. 
 
 1 s 
 
 asked me to tie the knot so as it wouldn't slip. "It 
 uin't no account," said I, "to talk in that way, Jim, 
 old fellow; you're bound to die, and if they didn't 
 hang you, I'd shoot you myself." "Well, then," said 
 he, "give me hold of the rope, and I'll show you how 
 little I care for death." He seized the cord, pulled 
 himself in an instant out of the reach of the crowd, 
 and sat cross-legged on the bough. Half a dozen rifles 
 were raised to bring him down, but refle ing that ho 
 could not escape, they forbore to fire. He tied a 
 noose in the rope, put it round his neck, slipped it up 
 till it was pretty tight, and then stood up and ad- 
 dressed the mob. He didn't say much, except that 
 he hated them all. He cursed the man he shot; he 
 then cursed the world ; and last of all, he cursed him- 
 self; and with a terrible oath, he jumped into the air, 
 and with a jerk that shook the tree, swung backwards 
 and forwards over the heads of the crowd.'" 
 
 Clarence King elaborates in the following language 
 a burlesque of the popular tribunal before the inception 
 of the vigilance organization: "Early in the fifties," 
 he says, "on a still, hot summer's afternoon, a certain 
 man, in a camp which shall be nameless, having 
 tracked his tw^o donkeys and one horse a half mile, and 
 discovering that a man's track with spur-marks fol- 
 lowed them, came back to town and told the boys who 
 loitered about a popular saloon that in his opinion 
 some IMexican had stolen the animals. Such news 
 as this naturally demanded drinks all round. 'Do 
 you kno\v, gentlemen,' said one who assumed leader- 
 ship, 'that just naturally to shoot these greasers ain't 
 the best way? Give 'em a fair jury trial, and rope 
 'oil) np with all the majesty of law. That's the cure.' 
 SucJi words of moderation were well received, and 
 they drank again to 'Here's hoping we ketch that 
 greaser.' As they loafed back to the veranda, a 
 Mexican walked over the hill-brow, jingling his spurs 
 l)lcasantlv in accord with a whistled waltz. The ad- 
 v«)cate for law said in undertone, 'That's the cuss.' 
 
BURLESQUES. 
 
 ISl 
 
 
 A rush, Ji struggle, and the Mexican, bound hand 
 and foot, lay on his back in the bar-room. The camp 
 turned out to a man. Happily such cries as 'String 
 him up I' 'Burn the doggoncd lubricator!' and other 
 equally pleasant phrases, fell unheeded upon his 
 Spanish ear. A jury, upon which they forced my 
 friend, was quickly gathered in the street, and despite 
 refusals to serve, the crowd hurried them in behind 
 the bar. A brief statement of the case was made by 
 the ci-devant advocate, and they shoved the jury into 
 a commodious poker-room, where were seats grouped 
 about neat green tables. The noise outside in the 
 bar-room by and by died away into complete silence, 
 but from afar down the canon came confused sounds 
 as of disorderly cheering. They came nearer, an<l 
 again the light-hearted noise of human laujjhter 
 mingled with the clinking glasses around the bar. 
 A low knock at the jury door; the lock burst in, 
 and a dozen smiling fellows asked the verdict. A 
 foreman promptly answered, ' Not guilty.' With a 
 volley of oaths, and ominous laying of hands on pistol- 
 hilts, the boys slammed the door, with: 'You'll have 
 to do better than that I' In half an hour the advocate 
 gently opened the door again. 'Your opinion, gentle- 
 men?' 'Guilty!' 'Correct! You can come out. We 
 hung him an hour ago.' The jury took their seats ; 
 and when, after a few minutes, the pleasant village 
 returned to its former tranquillity, it was allowed at 
 more than one saloon that 'Mexicans'll know enough 
 to let white men's stock alone after this.' One and 
 another exchanged the belief that this sort of thinuf 
 was better than nipi»ing them on siglit. When, be- 
 fore sunset, the bar-keeper concluded to sweep some 
 dust out of his poker-room back door, he felt a nio- 
 nientary surprise at finding the missing horse dozing 
 under the shadow of an oak, and the two lost donkeys 
 serenely masticating playing-cards, of which many 
 Itushels lay in a dusty pile. He was reminded then 
 that the animals had been there all day." 
 
108 
 
 MOBOCRACY IN THE MINES. 
 
 Bret Harte gives a similar travesty, concluding it 
 in words to the effect that the crowd becoming im- 
 patient at the lengthy deliberation of the jury, the 
 ring-leader put his head in at the door and asked them 
 if they had agreed upon their verdict. 'No,' replied 
 the foreman, sharply. 'Well, gentlemen,' said the 
 mob man, 'take your time; but remember, we want 
 this room to lay out the corpse in.' 
 
 Punishment was inflicted in the same liberal off- 
 hand manner that characterized everything Californian 
 in those days. There was less splitting of hairs than 
 of heads. Sometimes the most trivial incident would 
 determine whether a culprit should be whipped or 
 hanged. While multitudes of minor offenders suffered 
 capital punishment, no more could be inflicted upon 
 the worst criminals. Lynching for cattle-stealing ob- 
 tained throughout the whole country, and even round 
 San Francisco Bay, as late as 1855. A criminal affair 
 was often made a sort cf pastime, which might be 
 prolonged or shortened according to the appetite of 
 the crowd, or the time at their disposal. 
 
 It was the Hispano-Californians, they said, wlio 
 stole the cattle about the Bay; but these being the 
 possessors of the cattle, and the lately arrived Yan- 
 kees needing beef, it would seem to be a question who 
 did the stealing. Old man Murray, as he was called, 
 lost at one time twenty-five American cows, wortli 
 four thousand dollars, and liis neighbor Fallon one 
 hundred animals, worth six thousand dollars. Two 
 Frenchmen at San Antonio, since called Brooklyn, 
 and East Oakland, caught butchering stolen cattle, 
 were tried by the people and hanged. Two other 
 men, Leonard and Moran, slaughtering back of Blaiz' 
 restaurant, near the bridge, narrowly escaped with 
 their lives. 
 
 When in July 1850 four Americans detected four 
 Mexicans in the act of burning a tent and two dead 
 bodies at the Green Flat diggings, not far from 
 
SUSPECTED BODY-BURNERS. 
 
 l.-)3 
 
 Sonora, summary executions had not yet become 
 fashionable in those parts, though the people were 
 strongly tempted to hang the body- burners. The 
 Mexicans affirmed that they did not kill the men, 
 but found them there in a state of decay, and follow- 
 ing the custom of their country, they burned them 
 with their effects. It was an act of pious charity, not 
 an atrocious deed. There was no evidence against 
 them; nevertheless the miners longed to play judge 
 and hangman, but the time was not yet ripe for it. 
 
 At Sonora, incarnadine was the temper of the 
 time. On Sunday the diggers from every near and 
 distant camp came flocking in, each bringing his share 
 of general entertainment in the form of accounts of 
 robbery or murder, and the one who told the best 
 story was the best man. Thus history is made; the 
 positive of one becomes the comparative of another, 
 and the superlative of a third, the latest historian 
 always striving to tell the largest story. The Sunday 
 following the body-burning at Green Flat, over three 
 thousand men gathered at Sonora, and many rumors 
 of dark deeds were afloat. Twenty nmrders In 
 twenty-five days, they counted up, and robberies in 
 proportion. Men were bad, and women were bad. 
 lender the influence of rich deposits and the inspira- 
 tion of rivulets of rum, three or four flabby-faced, 
 l>lcared-cycd females, of the kind called virtuous, had 
 l)eou brought to Sonora, and made the nucleus of re- 
 Hiiod society. They used to marry quite often. One 
 married anew the day after her husband left for Stock- 
 ton; another married anew the third da}' after her 
 husband was hanged. And now they were present in 
 this crowd, speculating in their minds as to their 
 next change, when crack! a pistol-shot is heard, and a 
 stalwart miner bites the dust. So dry and tinder- 
 like was passion then, that men could not even meet 
 to take measures for the suppression of murder with- 
 out a little killing. 
 
 As the afternoon wore away, the air became preg- 
 
IM 
 
 MOBOCRACY IN THE MINES. 
 
 I 'I 
 
 ; ! 
 
 nant with suppressed vengeance. The Mexicans were 
 seized and handed over to the judge of the district. 
 Xcxt morning eighty riflemen marched through the 
 streets, bearing before them the American flag. These 
 Averc soon joined by three hundred miners, an embassy 
 from the scene of burning, with knives and pistols orna- 
 menting their belts, determined to sec punishment 
 inflicted on the burners. After some little parade, 
 the captain of this company waited on the judge, and 
 informed him that his men would brook no delay in 
 the trial of the prisoners; the matter must come up 
 before nightfall. The judge replied that that could 
 not be, as there was no grand jury impanelled, mean- 
 while warning them not to do violence. 
 
 Tuesday there were not less than two thousand men, 
 with muskets and rifles, marching the streets. One 
 would think that every gun in Tuolumne had been 
 brought into requisition. Men who left their digging 
 to shoulder a gun showed their earnestness. At three 
 o'clock on that day the trial of the four body-burners 
 for murder began in the district court. The place 
 was thronged within and without the court-room. 
 The [)risoners were arraigned, and pleaded not guilty. 
 At this juncture one of the guard standing on a 
 bench dropped his gun, the hammer of which, striking 
 on a box, sent off the charge with a loud explosion. 
 This was enough. Hundreds of weapons instantly 
 sprang from their sheaths, and a rush was made by 
 the inmates of the court-room for the door. The 
 scene that followed was terrible. Confinement and 
 the uncertainty as to what was coming seemed to 
 madden them. Another accidental shot brought 
 forth a cry of alarm, and renewed the struggles of the 
 inmates to reach the open air by way of door and 
 windows. Outside the court-room walls there was a 
 little shooting in earnest, but no one was killed on 
 that occasion. Quiet was finally restored, and after 
 watching the proceedings in court for a time, the 
 miners finally retired, and let justice take its course. 
 
WHIPPING AND HANGING. 
 
 155 
 
 The demonstration had been made in a spirit of 
 mobocracy; and yet I have never known another so 
 largo and so .'otermined a mob lay down their power 
 so gracefully when assured by the judge that justice 
 would be done. The four Mexicans were not criminal. 
 
 Two boys, Hendricks, kept the Colusa Hotel in 
 1850. About the premises were some twenty wood- 
 choppers and regular hangers-on, among whom was a 
 boy named Johnson. The hotel cash was kept on a 
 shelf in a sardine-box; that is, such of it as was not 
 stolen by some unknown hand. Johnson was sus- 
 pected, and whipped into a confession of guilt. Mean- 
 while a mob gathered which did more whipping, and 
 talked of branding; but certain humane boatmen 
 interfered, and saved the lad from further brutality. 
 The sequel pointed to the innocence of the boy; and 
 it was thought he confessed to a crime nf which he 
 was not guilty in order to escape punishment ; for his 
 tormentors had assured him if he would confess he 
 should not be whipped further. But though pcrha])s 
 innocent of pilfering the Hendricks' sardine-box, it is 
 very certain if the boy had not been known as bad 
 he never would have been suspected or whipped. 
 
 An Englishman, named Sharp, formerly a sea- 
 captain, on Christmas day, 1850, shot to death a man 
 near Auburn. Sharp surrendered to the sheriff, but 
 was taken by the people, tiied, and executed. 
 
 Irish Dick, as the gambler Richard Cronin was 
 called, although but twenty-one years of age, was 
 known to have killed a man in a street fight, a friend, 
 whom he had mistaken for an assailant. When a 
 short time afterward he shot a newly arrived emi- 
 grant in a saloon, he was instantly seized and tried 
 by those present. Guilt was easily proved, and im- 
 mediate execution determined upon. Placed beneath 
 a tall tree, a rope was put round his neck, the other 
 
lo6 
 
 MOBOCRACY IN THE MINES. 
 
 ; '■ 
 
 end of which \villiu<^ hands seized. Dick begged 
 to be allowed to climb the tree and jump from the 
 limb above, but this request was denied him. His 
 bravado lasted throughout the trying scene, which 
 was witnessed by ten or fifteen hundred people. 
 Dick assured them if he onl}^ had his knife, with 
 freedom to use it, he would like nothing better than 
 to fight the crowd. 
 
 Another account of this execution is given by 
 Saint Amant, French consul at Sacramento in 1851. 
 Allowance must be made for discrepancies in these 
 statements, as, writing the incidents of the time for 
 publication in France, historical accuracy would be 
 liable to be sacrificed to the making of a good story. 
 According to Amant's account, when the mob had 
 brought Cronin to a tall tree which had been chosen 
 for his execution, it was found that there was no 
 ladder for the hangman to climb up by. This diffi- 
 culty, however, was soon overcome. One end of the 
 rope was placed in a noose round Cronin's neck; the 
 (jtlier was placed in his hand, and he was told to climb 
 the tree, monkey-fashion, while those below would 
 direct him, pointing out the particular limb to which 
 the cord should be attached. 
 
 The condemned was allowed time to smoke a cigar, 
 which lie asked as a particular favor might be a real 
 Habana. Having knotted the rope to the branch 
 designated, he was then permitted to make his fare- 
 well address, whicli proved to be the story of his life. 
 He told of much wickedness, and seemed comforted 
 thereby. He would have continued talking for an 
 indeiiuite time, and so have postponed the end of 
 tliat recital which was to begin his eternity; but the 
 jiatience of his hearers being exhausted, the foreman 
 »jf the jury that had tried him gave the signal agreed, 
 and without a word further, the gambler threw him- 
 self from the limb on which he stood. The fall was 
 arrested by the avenging hemp, and the soul sped 
 (juickly hence. 
 
TRIAL BY WHIPPING. 
 
 1.-.7 
 
 A trunk was broken open in a room of a public 
 house at Johnson's Ranch in Octol)cr, 1850, and four 
 thousand dollars were stolen from it. A man and his 
 wife, named Ilewsters, cooks employed in the house, 
 had occupied the room, and on them sus})icion was 
 fastened. They protested their innocence. With the 
 woman they did nothing; but as the increasing crowd 
 increased its potations, its members saw through the 
 case more and more clearly, until they concluded to 
 whip the facts out of the man. Tying him to a tree, 
 they laid bare his back, and cut it raw with a bundled 
 lashes. Still the man protested his innocence, and 
 the brutal crowd soon arrived at the same conclusion. 
 Commenting on the outrage, the Placer Times remarks : 
 "If the man is really innocent, the violators of his 
 person should be severely dealt with." It is by such 
 shallow logic we are taught politics and morals. Any 
 school-boy might know, did he take the trouble to 
 think, that the perpetrators of this deed were equally 
 in error, whether the man was innocent or guilty. 
 
 New York of the Pacific was the name of an em- 
 bryo metropolis of magnificent expectations in 1850 
 and 1851. It boasted a hotel called the Kennebec 
 House, into which three men forced their way one 
 night, and amused themselves by opening trunks and 
 carrying off the contents. Arrested by citizens, they 
 were tried, whipped, and branded on the hip. To 
 escape hanging, which one of them greatly feared, 
 he endeavored to kill himself by severing an artery. 
 That comfort, however, was denied him; for though 
 he cut his arm nearly oft", he was saved for milder 
 punishment by his whippers. 
 
f: 
 
 CHAPTER XI. 
 
 FURTHER ANTICS OF JUSTICE IN THE COUNTRY. 
 
 f 
 
 
 Now by Saint Paul the work goes bravely on. 
 
 Colly Gibber. 
 
 Long before high carnival was held in the canons of 
 the Sierra Drainage, the petty sovereignty of Sutter 
 liad inaugurated a system of jurisprudence, of the 
 Swiss captain's own invention. When an Indian com- 
 mitted an oft'ence against any of the white inhabitants 
 of Sutter's Fort, the commander of the fortress iuin- 
 sclf judged and executed judgment. Cahnly and iairly 
 as one who would secure the confidence and maintain 
 the respect of the natives, Captain Sutter examined 
 tht' cases which came before him, pronounced judg- 
 ment in accordance with the evidence and with the 
 dictates of his own conscience, and then ordered tlu- 
 culprit whipped or shot, accorriing as lie deserved. 
 This was the course of procedure where the accused 
 was one of his own Indians and the injured one of 
 his white retainers. 
 
 When a white man otleniled a white man in his em- 
 ploy, all the white men of the Fort, were summoned 
 to sit in judgment on the case. In such trials Captain 
 Sutter presided as cliief, and the others as associates, 
 or jurors, and by the tribunal so organized, the penalty, 
 if guilt was found, was lixed and exacted. 
 
 For criminal cases arising among the natives them- 
 selves, Captain Sutter arranged for them a court of 
 their own. He as monarch nominated the judge and 
 appointed the officers. Having a military organization 
 
 (168) 
 
JURISPRUDENCE AT SUTTER'S FORT. 
 
 169 
 
 composed entirely of his own native adherents, it was 
 not unnatural or difficult for him to ori^anize a tribunal 
 in which they might try their own causes, and by their 
 own officers execute judgments. 
 
 No sooner was gold discovered, however, than this 
 ingenious method of .administering justice to the 
 satisfaction of all concerned, in common with every 
 other means for the benefaction of the natives in those 
 parts, was crushed under the heavy heel of gold-thirsty 
 adventurers. 
 
 Then l)egan in and round the Fort, buneatii the 
 very eyes of the occu|)ants, and indeed, in many cases, 
 by the occupants themselves, every species of depre- 
 dation, until the poor Swiss, his mills unbuilt, his 
 manufactories abandoned, his cattle stolen, and his 
 grand enterprise for the settlement and ])aciiication of 
 that valley forever blighted, sought refuge at liock 
 Farm, where he thought to die in peace, though oven 
 that blessing was denied him. 
 
 Samuel Brannan, at an early day, kept a store with- 
 in the walls of Sutter's Fort, and there learned his 
 first lessons in popular jurisprudence. To hini resorted 
 new-comers lro)ii the Bay, and miners from the 
 mountains, so that he possessed an excellent ojipor- 
 tunity for seeing and judging all. Ilis ^[oi'nu>n llock, 
 on whom he kept a fn.ihcrly eye, particularly on their 
 gold-gat her in 'j:s of which he did not decline to re- 
 ceive a [Portion worked on an island of the river near 
 by; but these gave little trouble. Indeed, as wo 
 havi! seen, there was a [)ei'iod of reniurkaljle quiet 
 about that time; but both before and after the reign 
 of righteousness in the mining districts, Brannan saw 
 and learned enough to be of value to him for tlu) 
 three decades which followed. 
 
 As at San Francisco, before a jail was built at Sac- 
 ramento, a dismantled brig lying in the river was em- 
 ployed for prison purposes. Many strange tales that 
 old craft could tell. It answered the purpose fairly — 
 
 ' 
 
160 
 
 ANTICS OF JUSTICK IN THE COUNTRY. 
 
 that is to sa}' for the rogues. Escape from it was 
 easy, so it was said, especially after the fetters were 
 unlocked witli money. 
 
 One issue of the Sacramento Placer Times and 
 Transcript, in July, 1850, contains accounts of crimes 
 conuuitted as follows: Twcnty-fiNO miles below the 
 city the body of a nmn was found with a lariat twisted 
 round the left wrist, neck, and shoulders, ji de(;p i;ash 
 over the left eve, and another under tlie left ear, the 
 feet tied with a black silk handkerchief, and all the 
 pockets turned inside out. Another body was dis- 
 covered tied to the limb of a tree. Xot far from Yuba 
 River the body of a murdered man was found. At 
 Nevada a lioi'se-thief had been whipped by the 
 people and put to work at five dollars a day until 
 eleven ounces of stolen »j:old-tlust should be returned. 
 Lastly, a dispute arising between a Xevada monte 
 dealer and a })erson betting, the latter drew a ])istol, 
 and firing missed his mark, but wounded three others. 
 Xo notice was taken of this affair by the horse- 
 thief whippers. The San Francisco l^acijic Xeics of 
 August 1, 1850, contains accounts of several guerilla 
 bands in southern California, di!mi-savago outlaws 
 drifted in on the tide of emiuration from the south: 
 also the news of a nunxler near Grayson; notice that 
 the citizens of Jamestown and Sonora had organized 
 a night ])atrol round their j'cspective towns ; an account 
 of the robbeiy of a monte bank at Sonora wliile the 
 dealer's back was turned; of another at Jamestown, 
 theiMii^f seizing a ba'j; containinsx oioht hundred 
 dollars before the eyes of all congregated about the 
 talde and making his escape with it; and so on. In 
 the last mentioned instance a comrade of tin; thief 
 was hanged to a rafter of the saloon, as an accomjdice, 
 but his I'riends paying tlie amount stolen he was let 
 down. The gambler put the money thus returned to 
 him in his box, and in less than an ]i(^ur it was again 
 emptied. This time the thief was instantly detected, 
 the rope fastened to his neck and again thrown over 
 
CURTIS CREEK AND FOSTER BAR. 
 
 IGl 
 
 the rafter. After bolnj^ half liangcd and wliippcd ]\v. 
 was turned loose. Tlius it was that from small 
 l)L'gInnings, petty thefts, and fatal fights in which it 
 was impossible to determine who was most ci'imijiai, 
 the slayer or the slain, wickedness went on assuming 
 a yet more belligerent attitude, and })unislimcnt was 
 t'(|ually beastly — instance the hanging of one Jjowcn 
 in a slaughter-house at (^U'tis (.'rec.-k, January "J*!, 
 IS.')!, for the killinjj of Alexander Boss's. 
 
 Vt a gaming-tal)le at Sacramento two men quai-- 
 r.llod the 2()th of February, 18.11, and stepped into 
 the street to iinish their tight. A third })erson, flyers, 
 passing, expostulated, wh(jrou})on one of the comba- 
 tants, Frederick J. lioe, an Englisliman, turned on him 
 and exclaimed, "What the devil havi- vou to sav'"' 
 at the same time drawing a [»istol and shooting him 
 through the head, lioe was arrested and taken to 
 ilie calaboose, round wliich a crowd oathered. crvin>'-: 
 'Hang him!" "Hang liimi" The people were at 
 length quieted by spi-eches from the better <ntizens, 
 will formed themselves into a tribunal, and repairing 
 lo the Orleans I[ot(-'l proceeded to try the prisoner'. 
 ( J rowing more and more excited as the trial progressed, 
 the people in the street insisted that the investigation 
 rooni should be cleared of lawvers, and atlirmed 
 tliat it mattered little to them what conclusion the 
 tiihunal arrived at, they would hang the prisonei- 
 ill any event. Nothing was done, however, till tlie 
 niunk'rer was pi'onounced guilty by the tribunal. 
 The crowd tluMi made an attaciv on the pi'ison, but- 
 were kept at l>ay l)v the .sherilf and his po.ssi! for an 
 lioui'. The ofiicer htnng overcome at last, the door 
 was broken in, and the pi'isoiu'r seized and hanged 
 IVom an oak-tree then standing on the corner of Sixth 
 and K streets. About the same time tliree nun, 
 surprised while stealing hor.ses at Foster Bar, were 
 ca])tured; one was shot in attempting escape, and 
 tile other two were innnediately hanged. 
 
 Top. TniTi., Vul. I. 11 
 
 
I ! 
 
 (. 
 
 i n 
 
 1# ANTICS OF .irSTICE IN THK COUNTRY. 
 
 Two lULii, Now Englaiidci's, caught with stolen 
 liorscs in their corral on the ( 'osumncs, were on the 
 7t]i of ^larch, IRfil, condcnined l>y a{'<-linnation and 
 liani4vd on tlu,' .s])ot, all witliin half an liour. A jury 
 ti'ial was d(?nicd them. Another horsc-thicf was 
 hanu'ed about tlic sanio time on the Yuha. The 2'M 
 of IMarcli an att('ni|tt was made at San l-'ranciseo to 
 l)low Ml) a new hnilding near liincon P<jint. An eij^ht- 
 [)ound eanistei' of powder placed in a I'ooess in th(^ 
 wall was ignited, causin;^' a report as loud as tliat of 
 a cannon. An amiaole and niuch-])eloved man, I''. M. 
 .larvis, wliile walkiu''" with liis wife near tlie Mission, 
 
 oi 
 
 I the niulit of the 2Gth of ?ilar<]!, was stal)l)ed i 
 
 o 
 
 death by one Slater. It appears Jarvis liad incense<l 
 
 Slat 
 
 er a tew (lavs previous 
 
 '}■ I 
 
 )!'! 
 
 'VculiriLi" a ii'-ht in 
 
 wliich the latti'r liad a hand. One day during' the 
 tlaal, winle Slater was beinii' coiKhicfcd bv the otHcers 
 to the prison, an attempt was mad<' l)y s(Mne niounted 
 iiicii iVtiUi tile Mission to seize and hang him. as has 
 been more fully descrilx'd in a [irevious cha[)ter, but 
 their effoi-t was frustrated bv th.e (»llic( I's and r.u-t wiili. 
 
 the disa])p)-oval of tlie ]»eoph\ IT 
 await his (j-i.d in thf district court. 
 
 e was coniiju 
 
 tted t 
 
 o 
 
 T] 
 
 uis matters stood when the 
 
 ••I'eat 
 
 o. 
 
 in 
 
 F 
 
 raneisco 
 
 fire of the ith (if May for the fifth time laid \.\io city 
 in ashes, annihilated busin(>ss, and liopeles.sly mined 
 thousands of hitherto pros[)erous m(Mi. sending despair 
 to their hearts and misei'V to thtir homes. This was 
 exactly what t1n; enibohlcued mi.screants so Inng uii- 
 v.hipped of justice liad sworn to do, that tliey would 
 be aveMgcd on the citie- whos*^ pcoph- would n<t 
 permit theia to nnnvler ;;ud plunder at 'pleasure. 
 Instead of i)lan)ing tlic.se sutleiNTs for hanging, the? 
 wonder is how the}' could h;ive r(;mained patient so 
 l<»ng. This was the work of incendiaries, as several 
 
 )een, ami as was 
 
 the 1 
 
 >urnni>,r 
 
 ei' 
 
 louse was 
 
 fired 
 
 u 
 
 of the previous fires had be 
 
 of Stockton two (lays lat 
 
 Sa"rameiito at the .same time, and Nevada was liurned 
 
 but a i'ew weeks previous. All this was but one grand 
 
AXTOXIO PACTIECO. 
 
 k;:; 
 
 scIkjihc concocted by tlio rascals in convention as- 
 Hcinbled for tlio simultaneous annihilation ol' the chief 
 cities of nortliern California. 
 
 h. 
 
 i 
 
 Tliere was a desperate hand of horsc-thievi's in I lie 
 iieighhorhood oi' ^NFonte ]3iahlo in 1851, and a sou of 
 Antonio I?aclieco, twenty years of ai^e, was suj>[)o>ed 
 to he one of the number. On the ITtli «)f h\'liruarv 
 youn_!^ Pacheeo ^^'as detected \\i tin,- art ol' stealiii;^' a 
 ])air of lioots from a store in Martiue/. Tho citi/LUs 
 determined to make an example of him, and althou^It 
 liis till her ))ei>'cred liis liberation, oddiiiLr t/arnestness to 
 liis prayers by an oiTor of two thousand dollars foi' liis 
 reli-ase, lliey Ixiund him t'> a tree and administered 
 oiH,' Iniudreil lashes witli a whip of six e(jrd'-. It was 
 ]'eportt'd that Paeheeo's frieiids, to tlie number < i" 
 eighty, liad t]ir<}ateni3d to ride into INiartiiiez and bu.'i 
 tlie place. The citi/.tuis, alarmed at the t lireat, remo\ ( . I 
 their papers aJid other valuables to Benicia f rr salV 
 i^C'cpiug, but nothing further came of the wrath of 
 
 r 
 
 aeheeos. 
 
 I) 
 
 Til/.; ueighl>orh(»od of Heading Springs an.d Secret 
 
 
 had 
 
 iiei 
 
 II \ isited b\' horse-thie\es iu t!i 
 
 s[)ring of lsr>l, and one man, Spoiford, was known to 
 ha\('. stolen a large numl)<-r of horses. At leng'h 
 Uradford, MeKissoek, and othei's went in pursuit -I 
 Spoftbrtj. They came upon him in the woitds skinning 
 a!i aiiteloj)e; ]>radibi'd (ired a;:!! killed him. Th« y 
 reeoNored nioi'e than Ibrtv stolen hor^-es. 
 
 T 
 
 tl 
 
 wo tnie\'es. 
 
 with a band of mules and hoi'ses whieli 
 
 thev had stolere most of them from the ranch 
 
 O ' u 
 
 ( 
 
 »a<re an( 
 
 1 Al 
 
 mon( 
 
 I, wiiile erossin-'' tin; (*osunmes wiih 
 
 their booty the 7th of ^^a^•(■li, were an*ested. (Utilt, 
 was so pal]>able that proof seem(.><l unuer-essary; iie\ ( i- 
 theless the two men were arraii'.ned, and a motion 
 
 w 
 
 \ . 
 
 IS made to t)T them by a |)e(»[ile's judgv and jui 
 As tidings of the atlair tUnv fro(n < laim to claim, the 
 diggers came pouring in. When they heard the farts 
 and Hie [)roposal, they laughed at the idea of trial 
 
I 'I' 
 
 I! I* 
 
 it: 1 
 
 104 
 
 ANTICS OF .TUSTICi; IX TIIK COUNTRY. 
 
 uiidfi' the circumstances. What shcjiild the}' trv 
 theiii Ibr^ There were \hs thieves; there was llio 
 stolen property. Trial? Bosh! Well, then, han;^ 
 Iheni at once. This sentiment suited better their 
 temper. The men were Yankees, one giving his name 
 as James Baxter, from Maine, and tlio other Charli.'s 
 Sinnnons, of Mas.sa<'husetts. When told that tliev 
 were to die in half an hour they heiX'jfed to l)e 
 iteruiitted to live a little lonj^er. This he-iutiful jjfreen 
 and golden earth, the all-glorious sun and sweetly 
 distilled air, tlu; mingletl enj<jymcnt of soul and sense 
 absorhing jjidpitating life, they seemed now just to 
 l)i-gin to enjoy, l^ut it was too late; sueh beauties 
 wi.re not made ibr horse-thieves. They .should die; 
 and they did die with the ex})iration of the hali- 
 liour. Duiing the season a hundi'ed thousand dollai's' 
 Avorth of stock had been stolen from that section, and 
 ihe peojjle were tired of it. Onl}' the day before one 
 Orville Hamilton, a horse-thiel', made his escape while 
 the jury wore deliberating on his case. Sage, an 
 acccjiuplice of Hamilton, received thirty lashes for 
 his .^hare. 
 
 A quarrel took place at Shasta City on the 'JOth 
 of March between a drunken man and his partner; 
 the latter was killed, and the former attem[)ted 
 c.sf'i»|x\ but was captured and tried l)y the mob. 
 The trial lasted but a few minutes before doom was 
 l)ronourj'ed; he sh<nild 1)e hanged at four o'clock 
 th;it Sunday afternoon. The man took the matter 
 very coolly. He had entertained no ill-will townrd 
 his partnei-; they had been always the best of friend-. 
 But the deed was don< ho «ii'eply regretted it, Init it 
 could not now be helped. He dcsf-rved to die, and 
 ihere was the end of it. Eating n hearty dinnei', he 
 talked as usual until the time appointed, when he 
 mounted the platl'orm with a firm step and quiet 
 demeanor. The i'o])e adjusted, he was given perniis- 
 -ion to speak. He warned all pi-eseut against drink; 
 lliat alone was now to cost him his life. He would 
 
MOKF.LU.MXE HILL. 
 
 ]r,3 
 
 like to write a letter to his wife, but supposed ho had 
 not time. As the thinjj before him was somethinsr 
 that must be done, ho might as well be about it. So 
 saying, he leaped into the air and came down witli a 
 jerk that settled his earthly affairs forever. 
 
 McEvoy and Williams were two friends living at 
 Mokelumnc Hill in the spring of 1851. They were 
 out of employment, and decided to begin business by 
 conducting a montc table. Tliey needed capital i'ov 
 the purpose, which they determined to obtain by 
 stealing horses. Their plans were well laid, but were 
 early frustrated. A horse was stolen, and IMcEvoy 
 was just in the enjoyment of the proceeds of tlie sale, 
 >.ixty dollars, when ho was arrested, taken out of 
 town, and given twcnt^'-five lashes. 
 
 ^Ir Baker, of Brown Bar, Weber Creek, was a 
 (|uiet, gentlemanly person, and much respected. His 
 [)tirtiu'r, .Vndrew Scott, an unprincipled villain. liccanif 
 incensed at some trivial ofl'ence, and on the .')tli of 
 A})]'il kiiktl Bakei', stabbing him five or six tinirs. 
 Tt was generally known that Soott had niui"d< iid 
 two or three otlier men, among tlieni one ^^(•^^anus, 
 <>r Missouri. This killing of BakiM" excited intense 
 fedin''- amoni^st the miners, 1)ut tlu'V relVained tVoin 
 violent measures, and gave Scott the benetit of a fair 
 trial, witli a jury of twelve men. who found him guilty. 
 Then he was proni].lly hanged. 
 
 ^FcMurtrie and .Ih'uthersat Mokelumne ITill missed 
 some gold dust iVoni their store in April, and, acting 
 on their sus])i('i(tiis, they <.nticed a young man into 
 a scchuled spot in tlie wocnls, where they accused li:n) 
 of the theft. Ills denial exasperated them, and tlicy 
 lashed liini w ith a I'ope and switches two hunilred and 
 lil'ty tiin»\s, determined to ext(»rt a confession. This 
 t'\|K(lient proved unavailing, and they returned to 
 town, wheri' a more thorouu^h search for the lost 
 treasure was made. It was discovered in the >|iot 
 where they afterward remendjcred that they had 
 secreted it. Thei]' \ictim was then released, and for 
 
 i^,:i 
 
 
 m 
 
 iiiJii 
 
166 
 
 ANTICS OF JUSTICK IN THE COUNTRY. 
 
 11^ 
 
 fear of like punishincnt being awarded them by the 
 indignant nuners the}' left the place innncdiatcly. 
 
 A liorsc-thief, named Gatson, captured in Nevada 
 City on tilt! 20th of May, after a trial by the people, 
 feceivcd thirty-nine lashes, wliicli M'ere administered 
 by a man whom he Mas permitted to select. On the 
 21)tli, ( reorge Baker was hanged by the people, just 
 beyond the limits of the city of Stockton, for a 
 crime connnitted six months before. The execution 
 was bunglingly done, and the bystanders surfeited of 
 horror. 
 
 Sometime in May a notorious robber named Jen- 
 kins was condemned to die by the citizens o^ El 
 Dorado. He made his escape, but was reca})tured 
 near Sacramento, where he received one hundred 
 lashes, was branded on each cheek with an K, and 
 then (lelivcn^d over to the authorities of Sacranu^nto. 
 
 Between the piiople (jf Napa and tlie people of 
 Beniria in May, I8.VI, there were open and declared 
 hostilities, and \\\r cause was not a woman. The Napa 
 [)eo[)ledid not like it because a Benician named Cooper 
 came to their town witli a jietition lo the governor 
 for the final release of a nnu^kivr vrhicli lie pui'[)osed 
 
 to circulate for siu:natui' 
 
 es. 
 
 Tile man killed had been 
 
 their most worshiplul justice of th; peace, and the 
 man who lulled him was now their 'meat, 
 
 as with 
 
 th 
 
 th 
 
 th 
 
 d it. ''Petition 
 
 more lorce llian elegance lliey e\[)ressec 
 us no ])t'titions," they said, "'and governor us no gov- 
 ernors; let every town attend to its own atVairs." 
 Bnt this docti'ine did not Just then suit Coo[)er. 
 
 1 UK I 
 
 _'ir. 
 
 Me("aule\, foi- that was the mur<lerer 
 
 iuaii\' iriends, anion 
 
 ig wh 
 
 tl 
 
 lom Mas iiK! irovernor nnnsc 
 
 s name, 
 h 
 
 'i'lie go\eriior was christened .lolm McDougal, but i:i 
 ])()lilical |)ud(lles he was familiarly called 'I d<>hn,' such 
 being the words begliniiug his sometimes ludicrous 
 iroclamations. John lUiih r. anotlier <i-overnor, could 
 ay claim to the same distiiuttioii. The governor and 
 th(> murderer wei'e friends, because the murderer had 
 
 ii ■ ii 
 
NAPA ANT) BENICIA. 
 
 107 
 
 voted for tlu' i^ovornor, and l»ad induced others to 
 vote lor him. '1, Jolm,' was a «^ood j:><)V('i'nor to tliose 
 who murdered, oi' who wished to murder, ]iro\idi(I 
 they voted for him often eiiou^di; but for thi- sake of 
 those weak in their faitli in him, lie would ]iave it 
 soihid as tlie voice of his pi;o})le whicli sai<l to liim, 
 'LoosfU tliis l)loodh(mnd.' Hence it was that ('oo|>i.'i' 
 a[)peared at Napa, the scene of the slau^iiler, with 
 this [»etition: not that there was any need of a 
 ]>etition so far as 'I, Jolm' was concerned, but for 
 the relk'X infkiencc of such prayer upon the peopK; 
 themselves. 
 
 'file men of Xapa, howe\er, did not want McCauley 
 (hscharjTjed; he had killed their justice ol' the i)eace, 
 and tlu'V WQYv lunv L;oinij; to kill him. Thercfoi-e they 
 would none of McJ)ougal, noi' of Cooper, noi' of the 
 petition. ( allin;^*' a meetin«»; of citizens, a ctjnnnittee 
 was a})pointed to wait on Mr Cooper and reipiest him 
 to depart. ]Mr Cooper declined. They ordered him 
 to 'j^o. Mr Cooper refusetl. Tiien they took him to 
 the W'lry and thrust him across, warnint^ him that 
 i'urther attempts in that direction would insure hiu) 
 a covering' of feathered tar and a free ride on a i-ail. 
 The i)eople of Xajia, in connnon with those of otliei' 
 l)arts of the state, were becoming tired of pai'dons ex- 
 tended by the gcjvernors to nnu'derers who elected 
 them to otii(;e. \t the ]\[arch term of the N;i]>a 
 court of sessions this man. Hamilton ^[cCaulev, had 
 liet«i tried for the murder of one Sellei's, numici])ai 
 judge, and condemne<l to death, the execution to take 
 l>lace on the l.Mh of ^lay, and they determined thnl, 
 repi-ieved or not, the felon should (Wv, and on the ^\■ay 
 iijipointed. 
 
 He was a gentleman -villain, was ^IcCauley; an 
 adhei'ent of southern chivalry, and a man of friends 
 uid famil}'. He Avas not the kind of nuu'derer that 
 laws were made tbi'. Liki'wise he was an honest 
 \illain: to him (opinions were principles, and his had 
 l»een handed down from anct;stors of revered uieinory, 
 
I 
 
 1 1 
 
 1 y 
 
 
 ' 1 
 
 i 
 
 i 
 
 ii 
 
 ■ ''■ 
 
 '{ 
 
 j 
 
 fi ! 
 >{ 1 
 
 
 ;i 1 
 
 I' Hi 
 
 I' .1 : 
 III 
 
 !ii 
 
 f: 
 
 108 
 
 ANTICS OF JUSTICE IN THE COUNTRY. 
 
 juid inculcated during his youthful days. But ho was 
 wrong; liis principles wore erroneous, thougii honestly 
 entertained; moreover, he was passionate; and for his 
 princij)les lie must die, not the death of a martyr, 
 liowever, hut that of a murderer. And for such law- 
 Itroakers laws were not made. 
 
 It was all done in a moment; hut though not pre- 
 meditated, tlie killing was unjustifiable; it was the 
 • 'tlect of an outbuist of passion, or a fit of tem)»oraiv 
 insanity, as gentle Mrs Fair's counsel would call it. 
 
 The way it ha])i)ened was thus: One day at Xapa, 
 for womo real or fancied offence, McCauley attempted 
 to chastise a black man. In days gone by he and his 
 sympathizers had often whipped * niggers,' but that was 
 where the colored man was chattel, and dare not strike 
 back. It was consistent in those days with chivalrous 
 courage to strike a man who c(jukl not strike back. 
 The sentiment was similar in this instance, but tlio 
 action and result were ditferent, from the fact that 
 the assailed might retaliate, and the black man Ixing 
 the better of the two, the white one was badly 
 beaten. 
 
 Xot long after a [)arty of village politicians, amongst 
 wliom were McCauley and Sellers, assembled in a 
 store, liajipeiied to be discussing the question of slavery, 
 wlu.'H Sellers, who was opposed to ^TcCauley in o})in- 
 ioii, ini[)nidently alluded to McCauley 's defeat in his 
 recent encounter with the black man. Scarcely were 
 tilt' words out of his mouth when the bowie-knife of 
 M( Caulcy was !)urietl in the breast of Sellers. 
 
 Thei-c was talk of instant hanging; but aside from 
 the objections of the law, McCauley had many friends, 
 and the}' succeeded in })rotectiiig him. Symj)atliy in 
 a great measuie turned on the slavery agitation, 
 which van high here as elsewhere in those days. It 
 so lia[)pened that in sentiment Benicia was mostly 
 sontliern, and Xapa northern; so that the former was 
 for ^Ii;Cauley and the latter against him. The tw(» 
 towns confronted each other, angry and belligerent. 
 
CAPT:UN lUXTKU'.S ACTIVITY 
 
 It;!) 
 
 At this time it wa.s (IceiiK'd dangiirous for a citizen 
 of either place to be found in the otlier. We have 
 seen liow Cooper wa.s treated, but then his mission 
 was not one pleasing to them. On the other hand, 
 il. L. Kilburn, of Xapa, visited Benicia, when he was 
 assaulted and would iiave been badly injured but for 
 the interference of his friends. A party from Napa 
 were awakened from sleep one night by a shower of 
 stones which poured through the window of their 
 room at the Benicia Hotel. One was severely injured, 
 and all were glad to escape under cover of the night. 
 
 Before daylight in the morning of the day named 
 for the execution, the sheriff of Solano county, with 
 a posse of ten armed and mounted men, was on iiis 
 way from Benicia to Xapa with tlic reprieve in his 
 pocket. He would have gone the night before by a 
 little steamboat, of which Baxter was captain, wlilch 
 tlien plied between the two places. But Baxtri- was 
 not in sympathy with the men of Benicia; so when \\v 
 learned that the governor had signed the reprieve lu; 
 sli|)ped away before the usual hour and conveyed the 
 tidings to Napa. There was no hesitation l)y the men 
 ul" Napa as to wliat they \vould do. Napa lliver \v;i> 
 then crossed by means of a ferry-boat. Tlie unjust, 
 jiardou was coming — was, indeed, at liand. WliLii 
 tlie sheriff's party arrived at the ferry, strange to say, 
 the boat was on the other side. Lustily oflicial lungs 
 shouted for tlie ferryman, but there was no answei'. 
 All was (juiet; not a soul to be seen; and there was 
 notliing to be done l)ut to jiroceed u|> tla; river to 
 soiiK! point which could be forded. The delay thus 
 involved was exasperating in the extreme; but hurry- 
 ing forward, in due time the ])arty arrived within 
 tlie town. There also all was (juiet; few were .istir. 
 Al)out the jail notliing peculiar was observed, nothing 
 more than might be expected on the morning of any 
 ordinai'v execution. After all, thou<jfht the sherilf. 
 We are in good season. Everytliing is safe; nothing 
 could be better for our purpose. But stop! What 
 
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 170 
 
 ANTICS OF JUSTICE IN THE COUNTRY. 
 
 ominous-looking hemp is that which stretches from 
 tiic prison-door in the second story down the stair- 
 way to the ground? Following the rope up the stairs 
 and into the prison, they found attached to the end 
 of it, drawn tightly up to a beam in the ceiling, all 
 that remained of Hamilton McCauley. 
 
 The month of June, 1851, was prolific of popular 
 tribunals all over the country. It was now that there 
 was beinjT formed at San Francisco the first Com- 
 mittee of Vigilance, to which we refer in the chapters 
 followinij. But first a few more words touchinij: 
 affairs in the country. 
 
 The tent of a Chinaman in the southern mines 
 was entered by three men, who attacked him wliile 
 sleeping and attempted to rob him. He gave the 
 alarm, and tlie burglars were caught in the act, but 
 two of them effected their escape. The one remaining 
 was immediately punished by the crowd, being sus- 
 pended to a tree for some minutes, but released before 
 death ensued. Another was captured the next morn- 
 ing, and received one hundred lashes. The third 
 successfully evK:^ed his pursuers. 
 
 At Melone, by the decision of a popular tribunal, 
 two men were executed in midsummer, one for the 
 assassination of Lyon, at Sonora, and the other for 
 stabbing Acklin. The unfortunates were both Mexi- 
 cans, and the tribunal that judged them was composed 
 of Mexicans and Americans. 
 
 One Augier, a trader at Pleasant Springs, dis- 
 covered bogus specimens of gold in the dust paid him 
 by a Chileno who had been trading with him. The 
 man was arrested on suspicion and taken to other 
 tents, whose occupants identified him as one who had 
 attempted the same trick with them. Efficient and 
 energetic men then took the knave, gave him twenty- 
 five lashes, and l)ado him go and return no more. 
 
 A Chinaman, while mining at Drytown, in Amador, 
 was shot and killed l)v a Mexican, who made an in- 
 
AFFAIR OF GEORGE SNOW. 
 
 171 
 
 cfFectual attempt to shoot several others. The miners 
 oau2rht the Mexican and han";ed him without trial. 
 Although the crowd favored his execution, but few 
 were sufficiently callous to cany out the sentence. 
 As no suitable rope was at hand, a log -chain was 
 fastened to the limb of a tree, with just enough rope 
 for a noose. This was placed over the man's head, 
 not without difficulty on account of his struggles; 
 but at last the execution was achieved, though in a 
 
 disijustinoc manner. 
 
 I have spoken several times of the existence 
 of large and small organizations for the conducting of 
 systematic swindling operations, but I have only one 
 instance where an honest man was approached with 
 an offer for his services in that direction at a fixetl 
 salary. This occurred at Nevada City, California, in 
 July, 1851, and a gentleman of veracity living there 
 at that time vouches for the truth of the statement. 
 
 A friend of this gentleman, a wild, frolicsome 
 young fellow, but wholly void of evil intentions, said 
 to him one day : 
 
 "I am offered seven hundred dollars a month to 
 enffasjc in stealing cattle and horses." 
 
 "Indeed!" was the reply, "that is a good salary; 
 why do you not accept?" 
 
 "Sir," he exclaimed, "I am not a thief I" 
 
 It appears that the ungovernable spirit and reckless 
 bearini; of the vounji' man had drawn this offer from 
 those who followed cattle-stealing as an occupation 
 and hired helpers at a fixed salary. It should be 
 loiuembered that in the days previous to the gold- 
 discovery and shortly following it, cattle were branded 
 by their owners and left to run at large, and that 
 tliero were immense droves of them running about, 
 particularly in the southern portion of the state. 
 
 Among the early ari"ivals at Sonora was George 
 Snow, of Maine. He worked industriously at the 
 
I 
 
 17-2 ANTICS OF JUSTICE IX THE COUNTRY. 
 
 mines, until he had amassed quite a httle fortune, 
 enough to excite the cupidity of some Chilenos in liis 
 employ, who determined to kill and rob him. In 
 order to facilitate their design they purchased of him 
 a long- torn on the 24th of June, 1851, which they 
 agreed to pay for next day, if he would call early 
 in the morning at their cabin for the money. The 
 Chilenos lived in a sequestered spot at Dragoon 
 Gulch, where they thought to effect their purpose 
 without detection. To perfect their plan they dug a 
 grave for their intended victim in the ground beneath 
 their bed, and then awaited his arrival. Snow had 
 scarcely entered the cabin before one of the Chi- 
 lenos snatched the gold dust from his belt, while the 
 others attacked him with knives. Severely wounded, 
 with extraordinary effort he reached the opening in 
 the tent and called for help. His cries were heard 
 by some men working at a distance of two hundred 
 yards from the cabin; the Chilenos fled as soon as 
 they saw their failure. Snow survived his injuries 
 but a short time. Search was made for the Cliilenos, 
 and two of them were subsequently capturoil and 
 taken to Shaw Flat, Snow's late residence, wliero 
 trial by the people awaited them. Although the 
 road in that direction was thronixed, there was no e-x- 
 tvaordinary excitement. It was noticed that most of 
 the miners carried double their usual arms, and aboMt 
 them was an air of quiet determination not favorable 
 to the assassins. Two juries were impanelled, one 
 for each case; evidence was brought up of such con- 
 vincing weight tliat each jury unhesitatingly jiro- 
 nouneed a verdict of guilty. The younger of the 
 two, Antonio, had been identified by Mr Snow, in liis 
 dying breath, as the man who held the gold dust 
 while the others wei'e stabbing him. Antonio con- 
 fessed that he had been aware of the intentions of 
 his comrades for a fortnight, and knew of their 
 digging the grave, but did not think he was amenable, 
 as he did not commit the murder. The elder man 
 
SONORA AND CAMPO SECO. 
 
 173 
 
 was sulky, and would make no confession; his visage, 
 marred by crime, was indicative of the worst of pas- 
 sions; he was large and athletic, while xVntonio was 
 (juite young and small of stature. Two other Mexi- 
 cans who escaped were said by Antonio to be guilty 
 of the murder; they, he said, had already murdered 
 three Americans, and had planned to kill another. 
 .Vll these villains had lived together for some time at 
 Di-ay-oon Gulch. 
 
 After the verdict was pronounced, the will of the 
 people was demanded by the chairman. In accord- 
 ance v/ith their vote the men were taken to the scene 
 of the murder, and there on Sunday afternoon at 
 four o'clock they were hanged, and buried in the 
 grave they had dug for their victim. Fully a thou- 
 sand persons accompanied the condemned men to 
 their place of execution and burial. 
 
 During the same morning, at Sonora, a serious 
 uielde occurred on the street. Marshal McFarland 
 liad arrested a Chilean, and was taking him to jail, 
 when the officer was fired on by a Mexican. The 
 marshal returned the fire, when the Mexican lUshed 
 upon him with his knife. Again the marshal fired, 
 and the Mexican fell dead; other Mexicans then 
 undertook to rescue the Chilean and aven<je their 
 tomrade's death, but reinforced by a constable, the 
 marshal overpowered the party, wounding three of 
 the assailants, and one fatally. 
 
 One Saturday night early in June five men lay 
 sleeping in the store of Bemas and Company, at 
 Campo Seco. About midnight eight burglars entered 
 the store without waking the occupants. Five of 
 I hem, each with drawn bowie-knife and cocked pistol, 
 [ook their stations over the five sleepers, while the 
 other three proceeded to rob the store. Presently 
 the sleepers awoke, and were obliged to remain the 
 unwilling witnesses of the rifling of the premises. 
 At length, while the robbers were carrying away an 
 iion chest, one of the men belonging to the store 
 
11 
 
 174 
 
 AXTICS OF JUSTICE IN THE COUNTRY. 
 
 managed to slip away and give the alarm. The town 
 was raised and the robbers pursued. The chest was 
 found about four hundred yards away, but the plun- 
 derers escaped. 
 
 One day a man of villainous aspect dropped upon 
 Oregon Bar. He said his name was Walden ; that he 
 was without money, hungry, and thirsty. The miners 
 gave him food and drink, and after lying about the 
 place for a day or two he departed. Xo sooner was 
 he gone than the camp doctor missed from his cabin 
 a Q-old-dust has*' coutainino- two hundred dollars, and 
 some fresh meat cut ready to stew for dinner. The 
 vagrant was instantly pursued, brought back, tried, 
 and sentenced to be hanged; but as there was posi- 
 tively no testimony against him, not even sufficient to 
 hang a man already condemned before trial. It was 
 tacitly understood that the man should not be stran- 
 gled to death, but only choked into a coafessiou. 
 NYalden, though he swore ho stole nothing, apparently 
 did not object to be hanged, and indeed he nearly 
 brought on his own death, for making a desperate 
 kick at the bungling miner who adjusted the i-ope in 
 such a way as to hurt his neck, the other foot slipped, 
 leaving him danji^lino'. Before the miners could cut 
 him down life was nearly e.x.tinct, but by strenuous 
 efforts he was resuscitated. Tlie man would confess 
 nothing, and either more testimony must be obtained 
 or he must be discharged. A happy thought struck 
 the doctor. Administering to the culprit a power- 
 ful emetic, soon there was brought to light pieces 
 of meat, which the doctor thought on a pinch ho 
 mii^ht swear to be the same stolen from him. After 
 a little more choking, however, Walden was liberated. 
 As he proceeded on his way he was narrowly watched, 
 the miners thinking if he had really stolen the gold 
 dust he would take it from its place of concealment 
 and carry it away with him. But the man walked 
 straight along the road, turning neither to the right 
 hand nor the left. The miners coneluded to make 
 
WALDEN OF OREGOX BAR. 
 
 178 
 
 ouo more trial before letting him go, and if possible 
 frighten him into a confession. Coming up to him 
 they told him they had found some fresh evidence, 
 and that he must come back and be hanged. " Well," 
 replied Walden, "hang me if you want to, Init d<^ it 
 speedily and respectably, without humbug, harangue, 
 or torture." Finding him so much more ready to die 
 than to confess, they told him he might go. " Then," 
 said Walden, with the most perfect nonchalance, "give 
 me something to drink, and trouble me no more!" 
 which was done. 
 
 Sunday morning, the 20t]i of June, a young man 
 entered a complaint to the sheriff at Sonora that, 
 while in the house of a Mexican woman, another 
 man wrenched from him his pistol, struck him over 
 the head with it, and then snapped it at him. The 
 pistol missing fire his life was spared. The sheriff 
 and his deputy proceeded to the house and searched 
 it, but finding no one there they started to go, when 
 on looking under the bed they discovered the man, 
 covered with clothes. He was armed with two re- 
 volvers, a double-barrelled gun, and a bowie-knife, 
 only. Dragging him forth they looked at him, and 
 finding the resemblance to the description of one of 
 the Campo Seco robbers so striking, they committed 
 hiui to prison, sent word to that place, and soon 
 lie was identified. 
 
 The prisoner's name was David Hill. Next day ho 
 was taken by the people to Campo Seco, and tried and 
 condemned to death. It was agreed that the execution 
 should take place in an hour and a half ^Meanwlnle, 
 as the prisoner expressed a wish to make some dis- 
 closures, a committee of five was appointed to attend 
 him for that purpose, who soon reported that they 
 deemed the proposed confession of sufficient im- 
 portance to delay the execution till the next day, 
 which proposal was acceded to. The confession was 
 made as promised, and it led to the arrest of others 
 of the gang. They then proceeded to execute the 
 

 V '/< 
 
 176 
 
 ANTICS OF JUSTICl-: IX THli COUNTRY. 
 
 sentence which had been pronounced upc»n him. 
 "About six o'clock," says the Sonora Ilcvald, "IJill 
 was led forth to execution. An immense number of 
 acc()m])lices and other villains had collected I'rom 
 various camps. After the i)risoner was ))laced unoii 
 the stand he made a few remarks, describing" his life 
 as one of crime, and warninL>' others against Ibllowinn' 
 his coiu'se. He also said that he had robbed and 
 stolen, and done other acts of^ crime, but had nevei' 
 shed blood, and he threw himself upon the mercy of 
 tlie people. The question was then put, Shall lie be 
 hanged? A large number answered ay, but an equal 
 number responded in the negative. Inunediately some 
 hundreds of jnstols were drawn, and a universal stam- 
 pede occurred. Hoi-semen plunged into the crowd 
 and over them, and the people ran in every direction. 
 Oi'der being partially restored, several persons s[)oki' 
 for and against the execution, until at lenixth Geor«>"e 
 Work arrived by himself and asked to be heard. He 
 then pledged his own life that the prisoner should be 
 forthcoming at the district court if they would deliver 
 him into the hands of the civil authorities. His 
 remarks \vere responded to by cries of 'Thornlyl' 
 'ThoT'iily I' In the excitement the prisoner was taken 
 from the stand, his hands all the while oinioncd be- 
 hind him, and he was thrust into a wagon, which was 
 inunediately driven off at a rapid rate for Sonora. 
 The sherift' and one other person were also in the 
 wagon, and several others accompanied them on horse- 
 back. News of the result having reached here shortly 
 after the rescue, Mi' L. D. F. Edw'ards, accompanied 
 by E. Lindberg, with a gong, passed through the city, 
 and called a meeting of the ]ieo]5le instantly in front 
 of Mr Ilolden's store. Mr Edwards then addressed 
 the crowd in a short but very energetic speech, re- 
 ferring to the escapes of criminals heretofore, and the 
 danger of our citizens while such thieves and rascals 
 were permitted to escape. He proposed to take tlu; 
 prisoner as soon as he might arrive in town and hang 
 
DOINGS OVER DAVID HILL. 
 
 1 1 $ 
 
 him. There was not u dissenting voiee. The crowd 
 then prepared with weapons to moot tlie sheriiK and 
 the prisoner at the entranee of the city. Tliey canu' 
 in a wagon, with two persons alongside on liorsrhaclc 
 M'ith pistols drawn. But all was of no avail. The men 
 in that crowd were not to be frightened. They fol- 
 l()\\\>d the wagon, driving at a rapid rate, until it stiuck 
 against a })ost, it being dark, (leorge Woik then 
 jumped out with the prisoner, holding him by the 
 collar, and both ran at full speed for the jail, plunging 
 through the arroyo, while the crowd behintl were 
 ;h;)uting, 'Stop him in front! We are afraid to shoot 
 lest we may kill our friendsl Stop him in front!' ^Tr 
 l-iindberg soon caught the prisoner behind, and hung 
 on to him, compelling Hill to drag him along, and thus 
 impeding Hill's progress. Colonel Cheatham, also, all 
 praise to the man, i-an ahead at full speed to the jail, 
 and })lanting himself before the door, cocked his re- 
 volver, and as George Work and the prisoner came 
 running up, he placed one hand on the prisoner, and 
 ]n-esenting his pistol toward George, said: 'George, 
 you have a pistol and I have a [)istol; 3'ours is cocked, 
 and so is mine. Blow away! I can kill too— but let 
 Una man go!' Others by this time came up, and (^ne 
 party taking George, another the prisoner, no shots 
 were exchanged, and the rescue was made. Two 
 persons threw a rope over the [)risoner's neck, and 
 away he was led to execution. The place selected 
 was the limb of a tree behind the El Dorado. A 
 minister was requested, and iifteen minutes allowed, 
 tlie prisoner being surrounded by a ring of tirm men, 
 wJio were cool and determined in tin; work before 
 them. A large crowd was gathered lound; but 
 all were still as death. The tlfteen minutes having 
 expired, the signal was given, and in an instant tlu- 
 wretched man was hanging by the neck. There was 
 scarce a struggle. The crowd were deeply imjiressed, 
 ]iut all were satisfied of the righteousness and neces- 
 sity of the punishment. All through the city, the 
 
 Pop. TniD.. Vol. I. 12 
 
 iS*: 
 
178 
 
 ANTICS OF JUSTICE IN THE COUNTRY. 
 
 rowdies, men who live sumptuously and yet do no 
 work, men who are marked, and against some of whom 
 there are more than suspicions of guilt, were solemn 
 and subdued. Two or three might be seen in a squad, 
 in various places, talking softly, and evidently alarmed 
 for their own safety. We say, keep the halter ready, 
 and use it whenever one is caught, be Ikj American 
 or foreigner. We glory in the fact that American 
 justice is dealt out to all alike. Hill was from Cort- 
 land county. New York. Among the last words 
 uttered by him were that his confession was true, 
 and the several persons implicated by him were guilty 
 as he had described." • 
 
 Sonora at this time was one of the largest and 
 most thriving towns in the southern mines. They 
 were a rioting, roistering crew, and the people of Co- 
 lumbia, near by, were not far behind them. Popula- 
 tion there was extremely mixed, and the Mexican 
 element, largely infused from the first, tended in 
 nowise to allay eruptions. But while there were 
 scores of lir.nging scrapes before this in the mines, it 
 was not until midsummer, 1851, that San Francisco 
 awoke to her high privilege. i 
 
CHAPTER. XII. 
 
 THE BURDUE-STUART AFFAIR. 
 
 My life is ono demd horrid grind. 
 
 Kirhola.1 Nickhhy. 
 
 On one of the principal thoroughfares, and in one 
 of the most central business localities in San Fran- 
 cisco, that is to say on Montgomery street, one doni 
 from Washington, was situated the dry-goods house of 
 C. J. Jansen and Company. The firm was highly re- 
 spectable; their business was large, and their dealings 
 fair. The senior partner, Mr Jansen, was a man of 
 slight physical build, but intellectually strong, and 
 though of somewhat grave demeanor, his warm lieai't 
 and unobtrusive ways had won him a host of friends. 
 
 American merchants devoted more time to business 
 then than now ; in California they confined themselves 
 more closely than elsewhere. All who had conic 
 liither must lay the foundations of fortune, and each 
 was eager to outstrip competitors and occupy a front 
 l)osition. Furthermore, social intercourse offered few 
 attractions to minds saturated with such ambition; 
 and public affairs, which, through neglect on the part 
 of good men, had fallen into the hands of low for- 
 eigners and professionals, were repugnant to all honest, 
 liigh-minded citizens. Hence it was that the partners 
 of large firms were found at all hours of the day 
 attending to business, waiting personally on their 
 customers, and at night writing up their books, often 
 cooking, eating, and sleeping on the premises. 
 
 About eight o'clock in the evening of February 19, 
 
 ( 179 ) 
 
TT 
 
 ISO 
 
 TOE IJURDUE-STUAKT AlFAIIt. 
 
 1851, a man entered the store of Mr Jansen and 
 be^jjan to examine the goods. Shding noiselessly 
 about, he looked at hats, shirts, and ov^cralls, mean- 
 while watching narrowly the door, and taking in the 
 general situation. 
 
 There was nothing peculiar in the appearance of the 
 man. In those rough days, and in the absence of 
 refining woman, few were very particular about their 
 dress, and those few were not of the better sort. In 
 the mines white starched linen was the garb of vice ; 
 'biled shirts' covcied the black hearts of nuu'derers 
 and the soiled character of gamblers, saloon -keo})crs, 
 and })ettifoggers. Honesty throve in coarse woollen, 
 and often under the ragged red shirt were belted hun- 
 dreds of dollars in gold dust, the result of sweating 
 toil; therefore it was the most difficult place in the 
 world to detect shades of character in dress. Dress 
 could be so easily assumed without exciting suspicion, 
 for in the multitudinous changes of place and occu- 
 pation everybody was throwing away his old garments 
 and putting on new. 
 
 Some of the streets of San Francisco were at this 
 time dindy lighted; others were not lighted at all. 
 It had been raining a little during the vening, and 
 the bright blaze from the chandeliers of gambling- 
 saloons which poured upon the miry unpavcd streets 
 rendered the surrounding darkness only more opaque. 
 Neveitheless it was yet eaily, and business men had 
 not closed their doors for the night. 
 
 Mr Jansen was alone in the store when the cus- 
 tomer entered. The man's face was covered with 
 thick nmstache and whiskers; he had on a gi'ay coat 
 and broad-brimmed hat, and acted as if slightly in- 
 toxicated. At length stepping toward Mr Jansen, 
 wlio was back at the desk, he said he wanted to buy 
 a dozen blankets. 
 
 Mr Jansen moved forward and laid his hand on a 
 ])ile of colored blankets, when the man said: "No, 
 white." 
 
THOMAS BURDUES STORY. 
 
 181 
 
 I 
 
 Just tlu'ii a 11 other man ontorcd the store and also 
 asked for blankets, lie was taller tluin the other, was 
 partially niuttted in a cloak, and wore a hat pointed 
 in the (3rown. The room was fifty feet long, and 
 was lighted by one candle only which stood on the 
 desk. The tall man did not enter more than twenty 
 feet from the door. While ^fr Jansen was stooping 
 to get the blankets, the tall man cried *'NowI" 
 Whereupon the short man struck the store-keeper 
 senseless with a slung -shot, and the other rushing 
 forward, both beat liim on the head and stamped upon 
 his breast until they thought him dead, or at least 
 sufficiently at rest to give them no further trouble. 
 Then they opened the desk, and taking what money 
 they could find, about two thousand dollars, quickly 
 fled. 
 
 From the time the tirst man asked for blankets the 
 whole aifair ci 1 not occupy three minutes. A\. length 
 Mr Jansen so far recovered as to crawl to the door 
 and give the alarm. Theodore Payne, whose store 
 was then opposite, and who had been waiting for ^Mr 
 Jansen to accompany him to dinner, as was his custom, 
 immediately ran to his assistance, but the robbers had 
 made good their escape. The authorities were notilled 
 of the circumstances; the appearance of the men 
 was described by Mi' Jans(3n, and a thorough search 
 instituted. 
 
 It happened that at this time the police were in 
 search of one James Stuart, who was charged with 
 liaviiig murdcved the sheriff of Auburn, and had 
 escaped jail two months befoi'C at Sacramento, where 
 he liad been confined awaiting trial. Thui'sday, the 
 day after the Jansen I'obber}', a man was arrested ^vho 
 gave his name as Thomas Burdue. He had a long 
 story to tell about his departure from S^'dney, leaving 
 there his wife and children, and coming to Caliioniia. 
 Unable to find employment, he went to the mines, 
 but there met with little success, scarcely taking out 
 
 i 
 
muT 
 
 i! I- 
 
 III! 
 
 182 
 
 THE BURDUT -STUART AFFAIR 
 
 gold enough to buy him food. For several months ho 
 was prostrate with fever, and but for the attention of 
 kind-hearted comrades would have died. But saddest 
 and strangest of all, he had been persecuted to the 
 verge of insanity by the hounds of the law. Thrice 
 had ho been arrested for crimes which he never com- 
 mitted; once he escaped, but twice, at different times 
 and places, he had been tried, convicted, and barely 
 escaped hanging^, and yet he was as innocent of crime 
 as any man in California. 
 
 It was a good story, too good, indeed, for belief, 
 and had been well told. As usual in such stories, 
 part of it was natural enough, but part of it was of 
 so startlin<j: a nature that the wonder was how the 
 prisoner thought any one should be so credulous as to 
 iDeliovc it. No, Thomas Burdue was but one of half 
 a dozen aliases of which James Stuart was the real 
 name, so every one believed; and further, he was no 
 other than one of those, the shorter of the two, who 
 assaulted Jansen the evening previous. On Friday, 
 the 21st, while deep in the fascinations of a strap 
 '^anie on Commercial street, another suspected person, 
 named Wildred, who corresponded in appearance to 
 ^Ir Jansen's descri})tion of the tall robber in the 
 cloak, was apprehended and placed in confinement. 
 
 Throughout the entire comnmnity there was the 
 greatest excitement. Crowds gathered round the 
 1)uilding whore the prisoners were confined, and 
 threats were made to take them out forthwith and 
 hang them. 
 
 There was no question in the minds of any that 
 these were the true offenders. About noon on Satur- 
 day they were taken from the station-house by tlie 
 marshal, and under escort of a strong police force 
 were conducted to the residence jf Mr Jansen, who 
 was lying ill of his wounds and unable to attend court. 
 Mr Jansen was sworn, and while his testimony was 
 being taken Wildred was brought in. Jansen recog- 
 nized liini as the taller of the two men; he would not 
 
TRIAL OF THE JANSEN ROBBERS. 
 
 IS.T 
 
 swoar positively, still he was sure this was he of the 
 cloak and pointed hat. After further testimony was 
 taken Stuart was introduced, and Mr Jansen swore 
 that, to the best of his knowledge and belief, this was 
 the villain who struck him down. When Wildred's 
 cloak and Stuart's hat were on, Jansen said he could 
 not imagine a closer resemblance. 
 
 On their way back the prisoners were followed by 
 a mob, who cried :" Hang 'em 1 " "Lynch 'em!" And 
 once, while crossing the plaza, a rush was made for 
 Stuart, who appeared to be the more obnoxious of 
 the two, from the fact of his having committed the 
 murder at Auburn. The attempt to seize him, how- 
 ever, failed, and the two men were again safely in- 
 carcerated. 
 
 At two o'clock the same day they were brought 
 l>efore Justice Shepherd for examination. Hall Mc- 
 Allister appeared for the prisoners, and H. H. Byrne 
 for the people. After the reading of Mr Jansen's 
 deposition on behalf of the prosecution the defence 
 was opened. John Wilson swore an alihl; swore he 
 was playing cards with Wildred at a gambling-house, 
 corner of Commercial and Montgomery streets, from 
 lialf-past seven till ten o'clock, and that during that 
 time Wildred had not left the room for a moment. 
 He said he had known Wildred for six months; that 
 lie was a respectable person, and a man of family. 
 S. J. Marks also swore that he saw him there. 
 
 Scarcely one who heard this evidence believed it 
 true. The court was now adjourned till Monday. At 
 the time of adjournment the room was packed witli 
 ])eople, and round the city hall, while the examination 
 had been going on, were gathered more than tivo 
 thousand men. 
 
 Scarcely had the judge announced adjournment 
 when the crowd raised the cry, "Now is the time!" 
 and rushed upon the prisoners. Great was the U[)- 
 roai- wliich followed. Chairs, tables, and railings gave 
 .va}- before the infuriated populace ; Stuart was seized 
 
184 
 
 THE BURDUE-STUAKT AFFAIR. 
 
 by one and Wildred by another, but the assailants 
 were beaten off by the sheriff and his assistants. The 
 Washington Guards, whose armory was next door, 
 then rushed to the ^escue of the prisoners, and the 
 crowd was driven from the court -room. The pris- 
 oners were conveyed to the judge's private room, and 
 the Guards returned to the armory amidst groans, and 
 hisses, and cries of "Shame!" " Shame 1" The people 
 were then addressed by several of the most respect- 
 able citizens; they were urged not to act rashly, and 
 quiet was at length restored. 
 
 As night came on, the numbers about the court- 
 liouse increased to six or seven thousand. Although 
 there was great excitement, order was maintained, 
 and there was no further attempt at violence. It 
 was not a mob; it was a movement of the people, 
 made not with the object of interfering with justice, 
 but to assist justice. The impromptu meeting was 
 organized, and W. D. M. Howard called to the chair. 
 A committee was ajjpointed to see the prisoners 
 properly guarded during the night, and to report at 
 a meeting to be held on the plaza next day at ten 
 o'clock. The crowd then quietly dispersed. 
 
 At the meeting next morning which numbered 
 eight or ten thousand persons, majority and minority 
 reports were read — the first as follows: That they 
 recommend to the citizens of San Francisco to pro- 
 ceed forthwith to appoint a committee of thirteen 
 citizens to act as judge and jury, to proceed to the 
 trial of the suspected criminals at two o'clock that 
 day. The said committee to act in conjunction with 
 the court if the court be willing; if not, to proceed to 
 trial by themselves ; they would recommend also that 
 proper counsel be assigned the prisoners, in case they 
 have none already engaged. The minority of the 
 c(niiniittee, through Samuel Brannan, recommended 
 immediate punishment. "Why should we speak to 
 juries, judges, or mayors?" cried Sam, in angry 
 perspiration. "Have we not had enough of such 
 
DISMAL PROSPECTS. 
 
 185 
 
 doings the last eighteen months? It is we ourselves 
 who must be mayor, judges, law, and executioners. 
 These men are murderers and thieves; let us hang 
 them!" Meanwhile printed bills had been posted 
 about the streets, which read as follows: 
 
 "Citizens of San Francisco 1 The series of murders 
 and robberies that have been committed in this city, 
 without the least redress from the laws, seem to leave 
 us entirely in a state of anarchy. When thieves 
 are left without control to rob and kill, then doth the 
 honest traveller fear each bush a thief Law, it ap- 
 pears, is but a nonentity, to be scoffed at; redress can 
 be had for aggression but through the never- failing 
 remedy so admirably laid down in the code of Judge 
 Lynch. Not that we should admire this process for 
 redress, but that it seems to be inevitably necessary. 
 Are we to be robbed and assassinated in our domiciles, 
 and the law to let our aggressors perambulate the 
 streets merely because they have furnished straw 
 bail? If so, let each man be his own executioner. 
 Fie upon your laws ! they have no force. All those 
 ^\ ho would rid our city of its robbers and murderovs 
 will assemble on Sunday, at two o'clock, on the plaza." 
 
 " We are here without jails," says the Herald of 
 February 22d, "without penitentiaries, and without a 
 police sufficiently strong for the circumstances; and 
 conjoined with these deticicncies we have a bankrupt 
 city and an incompetent council. On whom must we 
 depend for relieving the town from the desperate and 
 abandoned scoundrels who now infest it? There is 
 clearly no remedy for the existing evil but in the 
 strong arms and stout souls (if the c.tizens themselves. 
 But in order to be strong we must be organized, foi- 
 the enemy we have to deal with is well drilled and 
 disciplined. It behooves us, then, to take some steps 
 tor concentrated action in order to put a stop to the 
 dark and atrocious crimes committed in our midst. 
 Let us then organize a band of two or three hundred 
 Regulators, composed of such men as hove a stake in 
 
186 
 
 THE BURDUE-STUART AFF.UR. 
 
 1 
 
 
 ; 
 
 
 
 
 , 
 
 
 
 
 
 
 
 1 
 
 
 
 - 
 
 
 J 
 
 iJiiilliin 
 
 the town, and who are interested in the welfare of the 
 community. The very existence of such a band would 
 terrify evil-doers and drive the criminals from the citv. 
 If two or three of these i-obbers and burglars were 
 caught and treated to lynch law, their fellows would 
 be more careful about future depredations." 
 
 After speaking of the custom of the British minis- 
 try to resign their position when one of their leading 
 recommendations is defeated in Parliament, which is a 
 sure indication of lack of confidence, and recommend- 
 ing California office-holders to do likewise, the editor 
 of the Alta California of Sunday morning goes on to 
 say: "With one consent the people have taken into 
 their own hands the adjudication of law and justice, 
 because they knew no confidence could be placed in 
 our tribunals. And why has the community come to 
 this conclusion? Simply because our courts, instead of 
 being a terror to evil-doers, have proved themselves 
 the protectors of villains, and thus encouragers of 
 crime. 
 
 " This is a hard accusation, but it is true. There 
 can be no doubt that in California five hundred mur- 
 ders have been committed. And yet, with enactments 
 defining the crime of murder and affixing the penalty 
 of death for the crime on our statute-books, not one 
 single offence has been punished b}" these courts. 
 Every murderer who has passed through the mum- 
 mery of an examination or trial has been let loose 
 upon society again, with the endorsement of the court 
 upon his character that he is not guilty. Thus he 
 has been made current coin of the community, while 
 before he was at best but bogus in public belief, even 
 if suspicion alone rested upon him. Courts have thus 
 gendered crime by nourishing the criminal. It will 
 not do to tell our people that this utter impunity has 
 been the result of causes beyond the court's control. 
 Xo one will believe it; no one ought to believe it, 
 simply because it is false and the people know it to 
 be false." 
 
TVTLLIAM T. COLEMAN. 
 
 m 
 
 |)Ose 
 
 ^urt 
 
 he 
 
 bile 
 
 Like many others, Mr WiUiam T, Coleman had 
 been attending to business up to Saturday night, and 
 although interested in current events had given thenj 
 no special attention. Wending his way Sunday morn- 
 ing after breakfast toward the old Graham House, 
 corner of Pacific and Kearny streets, in the base- 
 ment of which the prisoners were confined, he saw 
 in the faces of the citizens bent in that direction un- 
 mistakable evidences of anger, which as lie walked 
 became somewhat contagious. Considering the possi- 
 bility of a rough turn in affairs before the day was over, 
 in which perchance he might participate, the thrifty 
 young merchant returned to liis room, laid aside 
 his Sunday suit, and put on plainer apparel. WJu'u 
 he reached the scene of action, the mayor from the 
 balcony was urging tlie people to disperse, and protler- 
 ing the strongest pledges that proceedings in this trial 
 should be prompt and decisive. Others spoke in tlie 
 same strain. 
 
 It soon became apparent to Mr Coleman that those 
 speeches tended to irritate rather than to allay the 
 excitement. Some laughed at promises; others re- 
 mained sullenly silent. Many had their small -arms, 
 and from almost every eye shot angrj^ impatience. 
 Though without leadership, without concert of action, 
 the heterogeneous throng seemed possessed of a com- 
 mon purpose. There appeared to be real danger that 
 this sense of burning wrong would break out into 
 excess, that the peo})l(j would tak'3 possession of the 
 building and hi • the prisoners. 
 
 Coleman hastily revolved the matter in his mind 
 and determined to try a middle course. Next to 
 downright villainy he hated mob violence. He re- 
 spected the law; even the bloodless skeleton of the 
 law lie had ever regarded as preferable to anarchy. 
 Was it not possible to organize a court of the people, 
 ■'<uh colore juris, if the law would; if not, without the 
 sanction of the law, and so maintain the integrity 
 both of the law and of the people? He would try it. 
 
188 
 
 THE BURDUE-STUART AFFAIR. 
 
 
 Entering the building and making liis way to the 
 front balcony, he waited his opportunity, and just as 
 one of the speakers closed an urgent appeal to the 
 people to disperse, go home, and leave everything to 
 the officers, he swung himself well out, and with a 
 wave of the hand cried, ''No! We will do no such 
 thing! The people here have no confidence in your 
 promises, and unfortunately they have no confidence 
 in the execution of the law by its officers. This state 
 of affiiirs has gone too far. Patience has fled. I pro- 
 pose that the people here present form themselves 
 into a court, to be organized within this building 
 immediately; that the prisoners be brought before it; 
 that the testimony be taken, counsel on each side 
 allotted; that the trial be begun by twelve o'clock, 
 and conducted fairly, dispassionately, resolutely; and 
 if the prisoners be found innocent let them be dis- 
 charged, but if guilty let them be hanged as high as 
 Haman, and that before the sun goes down!" 
 
 For an instant tliere was silence, breathless, almost 
 painful; the street was waiting for the next word; 
 but it was only for an instant. Then burst forth 1(JU( I 
 and long applause, which brought relief The clouds 
 cleared from men's faces. The words had been spolcoii 
 which each wished to speak. In the abrasions of this 
 impetuous society the steel had struck the flint and 
 kindled the spark wliich should liberate its smothered 
 wrath. From a thousand tongues the shout went up, 
 "Yes; that's it!" "You are right!" "That's tlio 
 leuied}'!" Already the great heart of that tumultu- 
 ous assembly was won; now to the quieting of it. 
 "We don't want a mol)!" continued the speaker; 
 "We W(m't have a mob! Let us organize as becomes 
 men; here; now; as a committee of citizens, and in- 
 sist on the right. All is ready; the witnesses are at 
 hand; let not justice be further cheated." 
 
 The proposal was put to vote, and a unanimous 
 *ay' was the answer. Every good citizen was then 
 invited to enter the building who could; the rest were 
 
INFORMAL COURT ORGANIZATION. 
 
 ISO 
 
 to stand without and guard affairs witli patient quie- 
 tude. Coleman then entered the inner hall, which was 
 used as a court-room, followed hj a crowd. Mounting 
 a chair, he asked tliem to choose from among their 
 number one who would act as judge, to impanel 
 twelve jurymen, and select counsel for the prosecution 
 and for the defe'ice. He also recommended that those 
 without should organize and surround the buildina-, 
 which was done. J. R. Spence was appointed judge, 
 and C. L. Ross and H. R. Bowie associate justices. 
 Wm. T. Coleman was called on to act for the prose- 
 cution, and Hall McAllister, Calhoun Benham, and 
 D. D. Shattuck volunteered their services for the 
 defence. The twelve jurymen were sworn in, and 
 after a short adjournment, about half-past two all 
 were ready and the trial proceeded. 
 
 Judge Shepherd entered his official protest against 
 the proceedings, but no attention was paid to him. 
 Coleman opened the case briefly for the people and 
 was followed by McAllister. The latter asked that a 
 iioUe prosequi should be entered, and remarked that 
 it ill became men to trample underfoot the high 
 dignity and sacred rights of that law the blessings 
 of which they had all their lives enjoyed. Cole- 
 man replied that for the Roman cede, and for the 
 law as executed in France and England, and for the 
 great lights of the law, he entertained profound 
 respect. But wdiile the world from time immemorial 
 has had its just ordinances and able advocates, un- 
 f(n^tunately there have always been parasites, men 
 who are nowadays called pettifoggers, and the}' with 
 the unworthy agents of law had unhappily brouglit 
 it too often into contempt, had thwarted its wise and 
 just designs, and thereby hazarded the lives and proji- 
 erty of the people. It was not laws, but the criminal 
 lireach of them, that he complained of; for the vindi- 
 cation of the law, not for its overthrow, the people 
 were there gathered. 
 
 Every exertion was made to calm the passions of 
 
100 
 
 THE BURDUE-STUART AFFAIR. 
 
 II ' 
 
 i 
 
 the multitude, and except occasional outbursts, general 
 good order and quiet prevailed. The prisoners were 
 kept out of court lest their presence should fan the 
 excitement. Witnesses were examined and the case 
 submitted. About nine o'clock the jury retired, and 
 after a long absence returned with the announcement 
 that they could not agree. 
 
 It was well that the bleak winds and fatigue had 
 chilled the impetuosity of the morning, and that 
 many had in consequence withdrawn to their homes. 
 Xevertheless there were yet remaining those who for 
 twelve consecutive hours had stood massed against 
 that building waiting to see what this new-fashioned 
 tribunal would do, and whose patience now gave 
 way. "Hang them anyhow! ' they shouted when 
 they learned the result. "They deserve it!" But 
 Coleman said, "No! Though I feel the mortifica- 
 tion and chagrin no less keenly than you, and though 
 I believe these men guilt)% there must be no violence. 
 We have done our duty; we cannot afibrd to make a 
 mistake; our judgment is not superior to that of 
 others, and we must abide the decision." The jury 
 was discharged, the remainder of the crowd dis- 
 persed, the prisoners were left with the county officers, 
 and remanded to jail. 
 
 During the Sunday trial W. H. Jones testified that 
 he saw two spots of blood on Stuart's clothes, one 
 on the shoulder and one on the elbow. McGilbert 
 recognized Stuart as an old offender ; he had seen him 
 at Sacramento and elsewhere, and knew him to be a 
 great scoundrel. James A. Glen testified that the 
 prisoner was once arrested at Foster Bar for stealing 
 four thousand dollars, and that he narrowly escaped 
 hanging by the people. Mr Jansen was again asked to 
 say whether these were the men who assaulted him, 
 and he answered, more positively than before, that 
 they were ; that he was undecided at first, but now he 
 was sure. Many more bore witness on the one side 
 
GEORGE E. SCHENCK. 
 
 101 
 
 and on the other, some affirming that Stuart was a 
 good man, and was somewhere else when Janseu was 
 struck, and others as sure that he was a notoriously 
 bad character, and was at or near the spot at the time. 
 
 After the jury had retired to deliberate, a person 
 appeared before the court who wished, to testify that 
 Stuart was with him on the night of the assault from 
 seven till eleven o'clock, but it was decided that his 
 evidence should not go to the jury. 
 
 George E. Schenck was a member of this jury; and 
 in a lengthy and clearly written dictation upon the 
 subject he tells me of the doubts ho entertained; how 
 Jansen was not positive as to the identity of the men, 
 and how the prisoners were not present at the trial, 
 being kept in the marshal's room, on the second lloor, 
 under the cots on which the officers slept, and there 
 concealed by blankets hanging over the sides of the 
 cots to the floor. Thence during that same night 
 they were taken elsewhere, for fear of the multitude, 
 and secreted for several days. "Two others coincided 
 with me in regard to it," says Mr Schenck, "and we 
 asfrced to bringf in a verdict that we could not ajjree. 
 Tliere were nine for conviction and three who enter- 
 tained doubts. This was about nine o'clock at night. 
 On our coming into the court-room and announcing 
 this fact, the outside crowd broke in the windows, 
 rushed in at the door, broke up the railing round the 
 bar, and were about to make an attack on the jury, 
 when the jurors drew their revolvers, and rushing 
 back into the jury-room there remained until the ex- 
 citement had somewhat abated." 
 
 There were several impromptu meetings in various 
 parts of the city on this Sunday. On Montgomery 
 street a red-faced, shock-headed judge was holding 
 forth to a knot of listeners, and denouncing in strong 
 terms the lawless proceedings of the day. "Law! 
 law! talk of law!" exclaimed the deriding crowd. 
 "We get heaps of law, but little justice. All that 
 law in California seems to be good for is to empty 
 
THE BUK DUE-STUART AFFAIR. 
 
 n 
 
 I t 
 
 i' 
 
 money from the pockets of the people into the pockets 
 
 f the judges." Then came hootings. "Water lots!" 
 
 lied one; "Colton jxrants!" "Straw bail!" "Boiled 
 
 i'» 
 
 eggs for the lawyers and acorns for the peopl 
 shouted others. And when a stronjLf clear voice rang 
 out, "Tar and feather the old fellow!" and the judge 
 saw in the many eyes directed toward him a new and 
 not .i-ssurinc: lisxht, he thousfht it best for him to mi 
 while he could. So he moved alonij. 
 
 As John Wilson, who testified to an alibi on behalf 
 of Wildred, was passing down Long Wharf on Sun- 
 day, he was recognized l>y the populace, who raised a 
 cry against him. "There goes one of 'em!" they 
 shouted. "Stop the perjurer!" "Duck him!" "Throw 
 him off" the dock!" Frightened half out of his wits, 
 he made good use of the remainder, for clearing the 
 crowd at a bound or two, the fellow ran like a deer uj> 
 Commercial street to Montgomery street, where turn- 
 ing the corner he darted into a store, slammed the door 
 after him, shot out through the back way, and hid 
 himself under a pile of empty cases, thus eluding his 
 pursuers. 
 
 Charles Duane, who was at the time on trial before 
 the recorder for shooting one Amade, was surren- 
 dered by his bail and committed to prison. The fact 
 was, Duane could sleep better under the guardianship 
 of the law than when left exposed to the fury of the 
 mob. Whenever the people became excited the jorison 
 was the murderer's haven of rest; then the law was 
 his best friend. 
 
 The people plumed themselves on their good be- 
 havior. Sa3'S the Daily Balance of Monday morning : 
 "For two days the lives of two human beings, the 
 majesty of the laws, and the peace and character of 
 our city, have hung on the will of an illegal assem- 
 lilage of the people. Yet, thanks to the good sense, 
 the love of justice, and the habit of self-government 
 which characterize our American community wherever 
 it has not been subjected to the deteriorating influ- 
 
POPULAR OPINION. 
 
 103 
 
 cncca of great cities, they have passed through tlio 
 crisis uniiarmed. It is a most consoling and <rrati- 
 fying result, which every lover of his country and 
 of his kind must regard with satisfaction and with 
 thankfulness." "It was one of the most impressive 
 demonstrations of the power and majesty of the 
 ])eople we ever looked upon," says the editor of the 
 Pactjic Ncirs, writing Monday morning. "As yet no 
 murderer has been punished under our laws. Here- 
 after no criminal can go free except at the risk of 
 anarchy, from which we have escaped only by a for- 
 bearance on the part of the people beyond all praise. " 
 "In no city in the workl, perhaps, save this," wrote 
 the editor of the California Courier on Tuesday, the 
 'ioth, "could a community be excited and aroused so 
 violently without committing some excesses; yet our 
 people throughout Saturday and Sunday committed 
 no breach of the peace whatever. The feeling and 
 interest manifested arose from an intelligent and 
 deep-seated conviction that these men were two of an 
 organized gang of desperadoes o"d villains who have 
 been at all hours of the day and night committing 
 outrages upon the lives and property of our citizens. 
 Also because it was believed they would be sworn 
 through the courts by their confederates. Our 
 people, under the circumstances, have shown great 
 forbearance, moderation, and respect for the laws. 
 They have now, however, made up their minds that 
 there shall be no more straw bail taken, and no more 
 false swearing: from suborned witnesses to shield and 
 protect the guilty in their outrages." 
 
 One of a thousand similar speeches made on the 
 Sunday of the trial is given by the Erenincj Picayane 
 of Monday: "While mingling with the crowd before 
 the City Hall yesterday afternoon, a tall, gaunt indi- 
 vidual, with black eyes and an abundance of hair, broke 
 out indignantly after this fashion: 'Cuss me, what a 
 country this hero is for regulating things 1 Where I 
 come from those chaps in thar would have swung long 
 
 Por. Tniu., Vol. I. 13 
 
104 
 
 THE nURDUE STUART AFFAIR. 
 
 ajjj'o, ami no 8peochifyin<jf and liunilmtjfGfinjjf tliouiL,^Iit 
 of. Hero I was somo two or throe hours yesteiday, 
 and nothiii' done. Well, I come here aceordin' to a|)- 
 ])intn»C'nt at nine o'clock this niornin', to see the 
 thinfjf done all on the square, and here it is nearly sun- 
 down and nothin' done yt;t! Cuss nie, I have helped 
 swing nine redskins and three ^lexicans in one fore- 
 noon, and no damn fuss made about it by any one. 
 Cuss me, but I'm clean sick of this countiy, where 
 they let cussed red devils and white wolves run 
 over them without so much as slippinfj the wind 
 of one of them when he's caught! It's a weak 
 country — an unnat'ral place, and fit only for greasers I' 
 As he concluded speaking, his small black eyes glanced 
 contemptuously about him for a moment, when he 
 elbowed his way out of the throng." 
 
 Thus the people's tribunal failed to convict these 
 men, and left them to the officers of the law. Wil- 
 dred,with seven others, broke jail and escaped. Stuart 
 was tried by the district court, found guilty, and 
 sentenced to fourteen years' imprisonment. All the 
 money in his possession was taken from him and given 
 to Jansen. 
 
 •I I 
 
 Before the sentence of the court was executed, 
 however, Stuart was taken to Mary svi lie and there 
 arraigned for the murder of Moore, the sheriff. At 
 this trial the testimony as to Stuart's identity was 
 conflictincj. There was no doubt as to Jim Stuart 
 being the murderer of jMoore, but while n any wit- 
 nesses for the prosecutic i positively identified the 
 prisoner by a dozen pr >iinent features, yet there 
 were others who as posi 'ely asserted that he was 
 not the man. 
 
 I herewith give what o i of the attorneys in the 
 case at Marysville says al >ut it: 
 
 "Witnesses for the prosecution were generally bold and entirely positive; 
 but the witnesses for the prisoner, with the exception of .ludge Stidger .and 
 B. F. Washington, appeared to feel uneasy, and often hesitated m their tcsti- 
 
THE attouni:y'.s iii:maui;s. 
 
 XfA 
 
 mony. Somo thrco or four witnoiiscM tnHtitii-il that tlu-y lin'l workoil with .Tim 
 Stiiurt. lit FdHttT iSiir, iiixl iuiil Itiiowii iiini w.ll iH^fiirc Im went tlu'ir. Tht-y 
 IiimI catc'ii witli iiiiii lit tlu* Hiiint' tiiiic often, and Imd playt'il viwiU witli liiin ; 
 iiml one or two tentilied tliey had Hlei)t witli him. 'I'liey teMtilied that Jim 
 Stiiurt wufl of thu Hunio iiei^iit uh tiio prisoner; tiiat lie liad eurly iiiiir, like 
 hint; that he wutt Hlightly Imld on the top of the head, like him; that hiit 
 actioiiH were like Inn —the court havin{^ made tlie prisoner Htiind up neveral 
 timuH HO that the witnesseH coiihl Hce him Ixtter than when sittinj,'; that liis 
 voice and accent were the Hiimo, iK'inn KngliMh ; that the color of the eyes and 
 hair were the same ; and tliat Jim Stuart had a Htitl' middle finger on the ri;^ht 
 hand, and n ring of Indian-ink rouml one of his tingers,and marks of Indian-ink 
 lietwecn each thund>and forellnger; and further, that Jim Stuart had a rather 
 long Hear on his right chei^k. 'J'iio jury then examined tlie hands of tiie i>ri«- 
 oiier, ami there was found a ring of Ind<an-ink on one of his fingers, several 
 ligures or spots of the siinio ink between the tliumli and forefinger of eacli 
 hand; and the right middle linger was notstifl', hut had had a felon under tlie 
 nail of the correspomling finger o'' the other liaiu'., >v'liicli hatl given it a sliort 
 but stubby appeurajice, lieavier at the end than elsewhere, the nail of tlie 
 linger being broad ami thick, and lieiiding inward over the end of the finger. 
 Tliis was startling to the defence, indeed. It remained now to Hee if the 
 I)risoncr had a scar on thu right side of the face. Plis face could nut be satis- 
 factorily examined, as it was alniost completely covered with a short growtii 
 of hair. The court ordered the pri.ioner to be sliaved before being brought 
 into court next morning, and on lieiiig examined a scar about the length of 
 the one described by tlie witnesses was found, commencing on tlio edge of the 
 jaw on the right side ond running down the neck. The witnesses now seemed 
 coiilident, an<l said that tliey had no doubt that the prisoner was Jim Stuart. 
 (Ju a cross-examination they said, in a positive and unhesitating manner, that 
 it was not possible that they could be mistaken in their opinion that tlie 
 piisoiier was Jim Stuart. Colonel Prentiss swore positively that the prisDiier 
 was Jim Stuart, and that he could not possibly be mistaken. Some four or 
 five witnesses swore positively as to the identity of the prisoner, and that he 
 was Jim Stuart l)oyoud a question; each giving some one or more new rcasou.s 
 for his belief. No witness on the side of the prosecution would admit a proba- 
 bility that lie could bo mistaken in the prisoner; that he certainly was .Jim 
 Stuart! On the side of the defence, Ju<lge Stidger swore positively that tiio 
 prisoner at the bar wiw not Jiiu Stuart ; that there was a strong rcscmbbince 
 between Jim Stuart and this man, but that Jim Stuart was at least two inches 
 t'lller than the prisoner; that their eyes were <litferent in color; that the ex- 
 l>rc.ssion of the eyes of the two men was diH'erent; tliat Jim Stuart was mucii 
 iiuicker in his motions than the prisoner ; Lnat Jim Stuart's motions were vci-y 
 uncommon, being as quick as those of a wildcat; that he had always head 
 erect, much more so than the prisoner, and that the real Jim Stuart wan 
 straighter in his personal formation, and had a different complexion. Tiiis 
 witness testified that Jim Stuart was often arraigned before him as a judge at 
 ]''oster Bar, and that his recollection of him from this and other facts was 
 clear and distinct. Stidger also testified that Jim Stuart had a stiff' middle 
 linger, but uot such a one as the prisoner had. B. F. Washington, who waa 
 
193 
 
 THE BURDUE-STUART AFFAIR. 
 
 I !; 
 
 at the time recorder of Sacramento City, testified that he knev Jim .Stuart 
 from the fact of his bemg a notorious character in that city, and from the 
 fact that he had often been brought before him on different charges. Mr 
 Washington said that the prisoner at the bar was not Jim Stuart ; that there 
 ■was some resemblance, but they were to his eye quite different men; that 
 Jim Stuart was an inch and a half or two inches taller tlian the prisoner. 
 Otlier witnesses for the defence testified to about the same facts, but they 
 seemed to be uneasy, in some trepidation, and acted in a manner most pro- 
 ^'oking to the defence. One witness on belialf of tlie prosecution, a Mr 
 Thompson, testified that the prisoner, about the date of the alleged murder, 
 came into a camp on Slate Range, in said county of Yuba, on horseback, and 
 seemed to have plenty of money, and was betting with the boys on a string- 
 game which he played very skilfully. That he had a conversation with the 
 prisoner in the jail, and that the prisoner admitted that he was at Slate Range 
 at the time mentioned, but denied that he was Jim Stuart. " 
 
 From the report f the trial at Marysville we are 
 informed that when the case was committed to the 
 jury, eight were for conviction and four for acquittal, 
 l^^inally the jury, after deliberating two days and one 
 night, agreed on a verdict of guilty. While the 
 verdict was being announced the prisoner did not 
 manifest the least trepidation or excitement. An eye- 
 witness says : " I could not notice the least change of 
 a muscle in his face, and I must say that the appear- 
 ance of his face was far from being that of a hardened 
 villain listening to the fiat deciding his fate, for his 
 countenance was mild, calm, and serene." 
 
 When his counsel visited the unfortunate man in 
 his cell two hours afterward, he clenched his hands, 
 and raising them toward heaven reiterated his solemn 
 protestation of innocence. He further said that if he 
 should be offered a million of dollars and bis liberty 
 he could not tell where Mr Jansen's store was in San 
 Francisco. He spoke of his narrow escape from hang- 
 ing at his previous trial; his friends were afraid to 
 stand by him, as their allegiance would subject them 
 to abuse and maltreatment as men of Sydney. Aban- 
 doned by his comrades, cursed and hated by those who 
 believed him a criminal, life was no longer endurable, 
 and he was willing to die. His only request was that 
 letters shoulc. be written to his poor wife in Sydney 
 
BURDUE'S LETTER. 
 
 107 
 
 and his father in England, informing them of his ill- 
 fate and of his innocence. 
 
 The following letter, given verbatim, written im- 
 mediately after his trial at Marj-sville, and while 
 under condemnation of death, displays more vividly 
 than can any words of mine this strange freak of 
 justice: 
 
 Marysville Jail, July 4, ISol. 
 To John Goff—'D'RXR Sir: I have had a trial which lasted five or six days, 
 and the jury was twenty-four hours in deciding my fate; and had they not 
 had a prejudice against the country I came from it might have turned out 
 dilFerent, but as it was they found mc guilty, and my sentence is death. The 
 law allows me thirty days before the execution is put into efiect. I forgot to 
 say, though I was found guilty, the jury re-marked that they had doubts upon 
 their minds; but the judge said that this doubt would assist me very little. 
 I had more evidence in favor than against; in fact I had the judges from 
 Sacramento, who tried tliis said Stuart several times, also the policeman wlio 
 took Stuart into custody; they V)oth swore positively that I was not Stuart. 
 And beside these men, T had from lifteen to twenty more who knew Stuart 
 well, and they also swore positively that I was not Stuart; and moreover all 
 of these persons were strangers to me. The evidence here went to show and 
 prove that Stuart was two and a Iialf inches taller than me. The policeman who 
 first took me in charge for Stuart never appeared against me. Had 1 of liad 
 Mrs Strytum, the landlord of the house I kept, and Mrs Morris, and yourself, 
 it might have turned the case in my favor, as this nmrder was perpetrated on 
 the 7th of December, and you are well aware that I was in San Francisco a 
 long time before and a long time aft^r. I have since been informed that 
 no matter what evidence I have, the prejudice is so great against the people 
 that come from Sydney that Lud I of had these witnesses I have named it 
 would of been no use. Mrs Eliott was hoie to prov ^ that I came in the same 
 ship with her from Sydney, and it so happened that there was a witness also 
 here to prove that this same Stuart came in steam-vessel from Panama with 
 him, in same month as I came from ■"- ydney. He also swore to Stuart's height, 
 as being much taller. There was several parties from Foster Bar, who 
 arrested Stuart for a robbery he Jid there; they also swore I was not Stuart, 
 but all of no use; and one of these persons wivs the judge who tried Stuart on 
 Foster IJar twice, and worked in the same company. Fletcher and Benson 
 I got subpoenas for. but they cou'd not bo found. Henry Davies called upon 
 mo, and promised to stay to my trial, but on account of its being put off for 
 a few days he left and I have not seen him since. Understand me, I don't 
 mean to say that I had no evidence against me, because I had many that 
 swore I was Stuart; but most or all of these persons only knew Stuart sligh tly, 
 where tliose that swore I was not liim, all said they knew him wpII. I ha\'e 
 no more to say at present touching the case. I nmst now ask you as a very 
 great favor to come up and see me as soon i.s possible, as I cannot say liow 
 soon I may be launched into eternity, innocent. When you come up, please 
 
108 
 
 THE BURDUE-STUART AFFAIR. 
 
 ill 
 
 iii 
 
 bring any letters you may have for me. My dear Sir, when I ask you this 
 favor, I ask you not to delay, as it will be the last time you will be able to 
 see mc, and for God's sake, and the respect you have for me, don't fail, as I 
 have a deal to say respecting my poor wife and friends 1 have left behind. 
 
 I can assure you it is vei-y hard to be placed in this position, but at the 
 same time I keep up my spirits as well as I can. I now say agaui, in the 
 name of God do not neglect me, but if possible come up as soon as you re- 
 ceive this. 
 
 Give my respects to all my friends in San Francisco, and receive the same 
 yourself, from 
 
 Yours truly, but very unfortunate, 
 
 TlIOS. BtTRDUE. 
 
 P. S. — I have not forgot the day I entered your house after being at the 
 mines for five months working hard, and dirty as miners are, and your boy 
 John, which is only three or four years, should recognize me. 
 
 Hear now the sequel, and note the moral. Just 
 before the day arrived on which lie was to have been 
 sentenced, it was ascertained that this Stuart was not 
 Stuart at all. He over whom all this temper had 
 been spent was Thomas Burdue, an innocent manl 
 He had never committed murder, had never assaulted 
 Jansen, and every word of the story he had told on 
 his arrest was true! 
 
 These facts were ascertained by the men who ere 
 this had formed themselves at San Francisco into a 
 Committee of Vigilance, as we shall presently see, and 
 who rescued the unfortunate man from a felon's death 
 on the eve of execution by the arrest of the true 
 Stuart, to whom Burdue bore a striking resemblance. 
 His likeness in form and feature to a villain was to 
 him a Nessus shirt of misfortune. 
 
 Says the attorney before quoted, on seeing the real 
 Stuart subsequently at the rooms of the San Fran- 
 cisco Vigilance Committee: "If ever I saw a stronger 
 resemblance between two men in my life,l do not recol- 
 lect it. But I soon noticed the distinctive differences, 
 so minutely described in the testimony of Stidger and 
 Washington. The real Jim Stuart who stood before 
 me was at least two inches higher than the prisoner 
 in Yuba county. The middle finger was the same as 
 has been stated by witnesses, quite stiff, and his hands 
 
SINGULAR CIRCUMSTANCES. 
 
 190 
 
 much longer and more aristocratically shaped than 
 the hands of the other. His actions were exactly 
 those that Stidger had described, and at the least 
 motion of any one present, his eyes, head, or body 
 would move with the rapidity of lightning!" 
 
 Imagine tbo feelings of this man under his strange 
 and varied experiences; lying incarcerated through 
 months of long nights and wearisome days, pondering 
 on the present and wondering what would come 
 next; sitting in the prisoners' dock listening to those 
 who, one after another, came forward and fastened on 
 him crimes from the bare mention of which his soul 
 shrank, until he began to question his own sanity and 
 identity. Now he lay chained in a dungeon; now, 
 under the grim shadow of justice, surrounded by eyes 
 staring curses on him, ho listened to evidence and 
 arguments no more appliciible to him than to the 
 judge himself; and now he found himself the centre 
 of an infuriated populace, eager to shoot, hang, or with 
 their fingers to tear him in pieces, when, if they but 
 kne'w the simple truth, they would sooner point their 
 weapons against their own breast. The jaundiced eye 
 sees all things yellow. While the prisoner was on 
 trial, and strong evidence was brought against him, 
 the people saw guilt stamped on his face; when he 
 was proved innocent, the face shone in open honesty. 
 
 Immediately the Committee of Vigilance had found 
 the true James Stuart, and had rescued from the jaws 
 of death the man who been taken for him, Thomas 
 Burdue was brought to San Francisco, and the amplest 
 amends possible were made liim. He was pardoned by 
 the governor for crimes which he liad never connnitted. 
 Mr Jansen not only refunded the money taken from 
 him, but supplemented it by a hberal addition. A ]uib- 
 lio subscription was started, wliich resulted in substan- 
 tial aid. Thus Thomas Burdue became a hero, and 
 was lifted up — but not so high as the scaffold. 
 
 Before the legislature of 1853 a memorial was pre- 
 sented on behalf of Thomas Burdue, asking for four 
 
200 
 
 THE BURDUE-STUART AFFAIR. 
 
 1' 
 I 
 
 \ Sr> 
 
 i 1! 
 
 ( 
 
 thousand dollars, in view of the suffering and igno- 
 minies of a nine months' unj ust imprisonment. Besides 
 contractiniif disease and underjjoinof the horrors of the 
 death sentence for another's crime, his entire means 
 and all he could borrow from his friends, amounting 
 to nearly the sum asked, had been expended in pro- 
 curing necessary counsel and witnesses, in consequence 
 of which his wife and children were reduced to beg- 
 gary. The memorial was referred to the judiciary 
 committee, of which J. W. Ralston was chairman. 
 The following lucid and logical reply was made: "To 
 grant the prayer of the petitioner would establish a 
 precedent which, if carried out in all cases of the kind, 
 would more than exhaust the entire revenue of the 
 state. We know of no legislative precedent for such 
 appropriation. The most that has been done was to 
 refund fines illegally collected from innocent parties, 
 leaving them responsible for their own expenses. In 
 society it too often happens that the innocent are 
 wrongfully accused of crime. This is their misfor- 
 tune, and government has no power to relieve them. 
 It is a part of the price each individual may be called 
 on to pay for the protection which the laws give. He 
 should rejoice that the laws have afforded that pro- 
 tection to him when wrongfully accused, rather than 
 seek remuneration for his expenses from the govern- 
 ment whose justice has protected him from igno- 
 minious death." That is to say, stripped of verbiage. 
 To correct the errors of law would cost more than 
 all the expenses of government combined. We have 
 never known a legislature to right a wrong done by 
 the law to a citizen, therefore we will not. Prosecu- 
 tion may be the price of protection; and fortunate is 
 lie who is not done to death by laws established to 
 save his life! 
 
CHAPTER XIII. 
 
 Icu- 
 
 ORGANIZATION OF THE SAN FRANCISCO COMMITTEE OP 
 VIGILANCE OF 1851. 
 
 Tho gods 
 Grow angry with your juitience ; 'tia their care, 
 And must be youi-a, that guilty men escape not: 
 As crimes do grow, justice should rouse itself. 
 
 Ben Jonson. 
 
 Crime was emboldened rather than intimidated by 
 recent affairs. While the Burdue trial was in j^rog- 
 ress, the drug-store of Bache and Grotjan, corner 
 of Washington street and Portsmouth Square, wa^ 
 entered and robbed; a murder was committed at El 
 Rincon; on Prospect Hill a woman was robbed of 
 live hundred dollars and two gold chains. Two men 
 making their round of pillage were caught with 
 articles taken from the stores of Kettell, Mahony, 
 and Company, and Middleton and Hood ; one of them 
 was severely punished by the people and tho other 
 escaped. At the time and thereafter, both in the city 
 and country, slung -shots, knives, and pistols were 
 employed more liberally than ever. 
 
 Rascality assumed the heroic. Aside from the 
 seductive charm of illicit gain was it not a grand 
 thing to be the central figure of such an assemblage as 
 that of the before-mentioned Sunday in February? 
 For less than this men toil in their life-long wearisome 
 ascent, demagogues weave their web of state-craft, 
 and soldiers fight their battles. When men are so 
 eager by hook or crook to attract the notice of the 
 world, may not the chivalrous and accomplished villain 
 achieve renown after his own fashion? 
 
 (201) 
 
202 
 
 COMMITTEE OF VIGILANCE OF 1851. 
 
 i 
 
 After all, the difference between war-butcheries 
 and highway-butcheries is more ideal than real. War 
 is the standing irony of humane justice Poets call 
 this bloody display of passion lovelier than love, wiser 
 than .v'sdom, holier than religion. So burns in their 
 heart the ilr-^ of patriotism that for opinion's sake 
 they lay their countr*y in ashes, and for the love of 
 truth resort to killin^j. Wlitt is truth? May men 
 kill for pride and vain-glory ai\d not for bread? To 
 fight for opinion and call it fighting for truth; to war 
 against infallibility while clr. lining to be infallible; 
 striinge infatuation! As though immutable truth, 
 which is as firm as the Creator's throne, should need 
 the puny oflibrts of man to establish it, and that the 
 killing of one another shovdd so establish it! Verily 
 there have been in the fermentations of peoples more 
 anomalous absurdities, more reasonless killings, than 
 would be the achievements of villainy for fame ! 
 
 Happily for individuals society puts the veto on 
 private slaughter ; happy will it be for mankind when 
 nations eschew killing; happy will it be for morals 
 when no longer single murders alone are infamous, 
 and only wholesale slaughter honorable. Here in 
 California at this time was work enough to do at all 
 events, and that in the direction pointed out by co.- 
 science fashioned by custom. Hundreds of murderers 
 M'alked from their victims unmolested, escaped to new 
 killing. What then? Shall these go unpunished? 
 Does not the bird Hameh, formed in Arabian my- 
 thology from the brain-blood of the slaughtered victim, 
 cry Iskoonc! give me to drink vengeance! and so 
 pursue the guilty to the end of his career? 
 
 Following the excitement attending the Jansen 
 outrage, as I have said, matters became rapidly worse 
 and worse. Nothing so stimulates wrong -doing as 
 attempting punishment and failing. In the war of 
 good against evil defeat is fatal. One villainous suc- 
 cess draws into its trail a hundred new recruits. For 
 
IXCREASE OF CRIJIE. 
 
 203 
 
 a year previous to midsummer, 1851, again and again 
 the public press called on the people to unite and 
 hang the criminals. Round the sand-hills and in the 
 hollows, as from the circling hell of Dante, there 
 seemed to rise a silent wail of woe. The stench of 
 natures maledict, as from the tomb of misfortune, 
 floated over the sand-waste and filled to suffocation 
 the nostrils of plodding virtue. 
 
 Robberies and rascalities of every kind were of daily 
 occurrence ; quiet citizens were knocked down in going 
 to and from their business, and it was unsafe for one 
 to trust one's self out after dark without a cocked 
 pistol in the hand. The criminal catalogue of a week's 
 or a month's duration would be startling. On the 3d 
 of June occurred the Benjamin Lewis affair before 
 mentioned. Twice his indictment by the grand jury 
 was quashed by Judge Parsons on some technical 
 ground, and the prisoner held for another future 
 spasm of justice. The same night a jewelry store on 
 Clay street was feloniously entered; also the shop of 
 ]Mr Robbins, on Broadway, near Powell street. The 
 building on the south-west corner of Kearny and 
 California streets was fired the 5th, but the flames 
 were extinguislie«l before spreading. Sunday night, 
 the 8tli of June, the California-street wharf was fired. 
 At the Blue Devil saloon on Jackson street there 
 was a beautiful stabbing affray the 9th. The same 
 nisjht the house of the Reverend Prevaux was en- 
 tered. Unhallowed meanness 1 Twenty culprits on an 
 average now graced the recorder's levee every morning. 
 The 12th of June Charles Hudson was knocked down 
 and robbed of five hundred and twenty dollars in Cab 
 alley. Saturday, the 14th, one Whitzcr was stabbed 
 by Albert C. Burnoy at a dance-house on Pacific 
 street, near Dupont. Next day, Sunday, the cry 
 of murder was raised on Virginia street, and Mr 
 and Mrs Yates were taken in charge in consequence. 
 At a place then rejoicing in the strongly suggestive 
 name of Hog Valley a man was knocked senseless 
 
2D4 
 
 COMMITTEE OF VIGILANCE OF 1851. 
 
 If' 
 
 li 'i 
 
 :i4 
 
 and robbed on tlie 1 7th. A fire, the supposed work 
 of an incendiary, was discovered on the 18th under 
 a building in the rear of Jones' Hotel. 
 
 The 22d of June occurred the seventh great con- 
 flagration, involving the loss of six lives and about 
 two millions ol property. Nearly one fourth of th(^ 
 city was laid in ashes. After careful investigation the 
 people were satisfied that it was the work of an in- 
 cendiary. The fire originated in the dwelling of !Mr 
 Delessert. At the time there was neither fire nor 
 servant in the house. The people were out in fall 
 force, fighting the flames and guarding property. 
 While the flames were raging, the burglary of a 
 jewelry store on Merchant street was attempted. 
 That same evening N. L. Pollock was shot dead by 
 Samuel Gallagher. A Mexican named Juan, caught 
 stealing at this fire, was tried and publicly whipped 
 by the people. 
 
 A nolle i^roseqid was entered by the court of sessions 
 the 2Gth of Juno in the case of Charles Duanc, the 
 prosecuting attorney stating that the witnesses for 
 the prosecution could not bo for.nd. It was a current 
 practice among the fraternify, that of continuing a 
 case until the witnesses were scattered. Two individ- 
 uals, Graham and Lemon, at a loss to know whether, 
 even in their own estimation, they were gentlemen, 
 indulged in some general shooting on Kearny street, 
 near the plaza, on the evening of the 30th. Unfortu- 
 nately neither was killed, though the bodies of the 
 by-standers entertained a number of their bullets. 
 
 These are scarcely a moiety of the oflfences com- 
 mitted during the month of June; include the petty 
 crimes and misdemeanors, and the list would be in 
 creased tenfold. 
 
 Before the month opened, it was clearly apparent 
 that the time was fast approaching when the indigna- 
 tion of the people must burst its fetters; the enemies 
 of peace and honest living had filled their cup of in- 
 
NIGHT PATROL. 
 
 205 
 
 iquity to overflow inj:^. Patience had become puerility. 
 The question was no longer whether it was rijjjht ior 
 the people to take law into their own hands and ex- 
 ecute justice, but whether the virtuous and orderly 
 element in the community should have any existence 
 at all. Over and over again the legal machinery tluu 
 in operation was proved utterly hiadequate to tiie 
 suppression of crime; wickedness grew bolder and 
 more rampant every day, until the simple proposition 
 was, Shall the substance of the right-minded and 
 industrious be forever taken to feed villainy? Then 
 it was that a secret committee of men determineil 
 to put on armor and stand ready, the self-constituted 
 exponents and executives of order and of law, sprung 
 as it were from tlie ground. 
 
 The idea of organizing did not originate wholly with 
 any one man or at any one time. As in every normal 
 evolution, the development w^as the offspring of ne- 
 cessity. A thousand minds were pregnant with the 
 thought that something must be done. Citizens talked 
 together of it, and every new outrage added force to 
 expression. The great law of self- protection, far 
 mightier than written law, of its own subtle strength 
 attracted and massed the isolated porticles of so- 
 ciety. Although it was a clear case of spontaneous 
 combustion, there was yet an immediate agent. In 
 a thousand places the flame of reform was ready to 
 burst out; the first bursting was the beginning. 
 
 There had been organized late in February or early 
 in March, among the merchants, a night patrol, of 
 which F. W. Macondray was captain. Every man 
 who had property to protect was invited to join the 
 company, and contribute his proportion of time and 
 money for the benefit of all. There were about one 
 hundred members, who were assigned to different dis- 
 tricts, and twelve of them were on duty four times a 
 month, serving eight hours out of the twentv-four. 
 Often during their meetings they discussed the ne- 
 cessity of organizing as a popular tribunal and as- 
 

 
 ( 
 
 I 
 
 I i 
 
 i i 
 
 
 i|; 
 
 4 
 
 S06 
 
 COilMITTEE OF VIGILANCE OF 1831. 
 
 suniing arbitrary powers. It was a consummation, 
 howcvor, to be deplored, and therefore to be post- 
 poned as long as possible. Of the band was George 
 E. Schenck, who claims this as the origin of the 
 A^igilance Committee; others, however, put in coun- 
 ter claims. The truth is, as I have said, this organ- 
 izing for mutual safety was the act of many, who 
 thus as it were threw up their arms involuntarily to 
 v/ard off the blow aimed at society by confederated 
 crime. 
 
 In what was then known as Happy Valley, where 
 now is First street, near Mission, in the spring of 
 1851 lived James Neall, a highly respected eiti:^on 
 and prominent merchant. George Cakes, of the firm 
 of Endicott, Green, and Oakes, was his neighbor. 
 Meeting on Sunday afternoon, the 8th of June, their 
 conversation turned on what was uppermost in the 
 minds of both — the insecurity of affairs, and the 
 necessity of active measures. Calm, clear-headed, 
 practical men, both of them, they determined at once 
 and together to call on ]\Ir Bran nan, the ruling spirit 
 and tacitly acknowledged leader of the movement of 
 18.51, and consult with him on the subject. They 
 found Mr Brannan seated in his office, and near him 
 at the desk Mr Wardwcll, his clerk. Mr Brannan 
 listened as one to whom such words were welcome. 
 As the fire licks I'ovingly new fuel, so the flame 
 already blazing in his breast received the sentiments 
 poured into it by his visitors. After short discussion 
 it was suggested that each then present should give 
 Mr Wardwell the names of such citizens as were 
 known to be in sympathy with good order, and whose 
 discretion could be relied upon, inviting them to meet 
 at twelve o'clock at noon the next day, Monday, the 
 9th, at the California Engine House, situated at the 
 junction of Market and Bush streets, opposite the 
 Oriental Hotel. Certain persons in the several dis- 
 tricts of the city were requested to organize each a 
 
THE TERM VIGILANCE COMMITTEE. 
 
 207 
 
 local committee, of which he should act as chair- 
 man, ami the duty of these cominittees sliould be 
 to notify their trustworthy neighbors, and invite 
 them to be present at the time and place above 
 mentioned. 
 
 In pursuance of that action there was a large 
 gathcrmg at the engine-house the following noon, 
 and the room was crowded. The evils of the times 
 were discussed, and views interchanged as to the 
 proper remedy. The meeting finally adjourned to 
 assemble that night at Mr Brannan's rooms, for 
 the purpose of organizing and defining a course of 
 action. 
 
 Unaware of the steps which had thus far been 
 taken, Mr A. Delano wrote two notices in the after- 
 noon of Tuesday, the 10th, calling a meeting to be 
 held next day at three o'clock on the plaza, and 
 handed them in at the offices of the A/ta California 
 and Courier. He then drew up articles of associ- 
 ation, which he called a 'Committee of Safety;' but 
 learning from Mr Brannan Wednesday morning that 
 an organization had already been effected, he saw 
 that the articles which he had prepared were not 
 needed. 
 
 Singularly contradictory were many of the state- 
 ments given me by the actors themselves. I have 
 been told repeatedly by those who joined the asso- 
 ciation on the 10th or the 11th of June that the 
 Jenkins robbery, hereafter to be mentioned, was the 
 act which called the organization into being, when in 
 fact the origin of associating dated from the Sunday 
 previous, and sprang immediately from the com- 
 mon conversation and resolution of the two citizens 
 of Happy Valley. Thick black clouds, portentous of 
 outbreak, had hung for weeks and months over the 
 city; but the walk of Neall and Oakes to Brannan's 
 office was the first white streak indicative of imme- 
 diate atmospheric purification. 
 
 The origin of the term vigilance committee was 
 
208 
 
 COMMITTEE OP VIGILANCE OP 1851. 
 
 spontaneous. In the meeting of ]Mon<lay ni<;'ht tlio 
 question arose how the or«jfanization should be <lesij^- 
 nated. One suggested that they shouhl cull them- 
 selves the ' Regulators,' from their determination to 
 scrutinize and regulate the administration of justice, 
 and so diminish crime. But the word Kogulators 
 smacked too strongly of the Hounds epoch; it was 
 too significant of a purpose and policy directly at vari- 
 ance with those of the new organization, and hence 
 was not seriously entertained. * Secret Committee ' 
 did not suit for obvious reasons. Next was proposed 
 ' Committee of Safety,' or ' Committee of Public 
 Safety,' as conveying the idea of protection which the 
 association sought to throw round every good citizen. 
 This name found more supporters. But meanwhile 
 the term 'Committee of Vigilance' having been sug- 
 gested, it took precedence at once, embodying as it 
 does the sentiment of watchfulness with those of cir- 
 cumspection, care, and protection. Hence this name 
 was unanimously adopted, and as the expression of a 
 unique human association shall so stand to the end of 
 time. 
 
 At the meeting of Monday night there were pres- 
 ent those who fully realized the responsibility and 
 importance of the step about to be taken. Their 
 seeming duty lay seemingly counter to the regular 
 course of law. Plainly, they proposed to break the 
 law, and in so doing lay themselves open to punish- 
 ment by the law. In the eyes of the law they were 
 about to become oifenders of as deep «, dye as any 
 they proposed to punish, though from very different 
 motives. 
 
 But there were also present young and inex- 
 perienced men, who did not know what they were 
 about to do; and sage tutor to these was the whilom 
 colonel commanding the New York volunteers, which 
 company, as before stated, when disbanded furnished 
 many of the ruffians then infesting the city. These 
 mettlesome innocents the mettlesome old colonel set 
 
SAMUEL ERAXNAN. 
 
 soo 
 
 about to instruct. It .suited well the eternal fitness 
 of tliinfjs, that lie wlu> had brought hither New 
 York's vagabonds .should now liang tliem. Feehngly 
 lie .spoke of his fornier associates, calhng to mind past 
 dangers and privations in common shared; but re- 
 called to things present, stern duty swelled the brea^^.t 
 well buttonetl beneath an army coat, and the severest 
 of military airs wreathed the features of the ire- 
 illuminated face. 
 
 There were those both at this and at subsequent 
 meetings who were more ready with their tongue 
 than with their sword. Upon this occasion the 
 doughty colonel concludes an address brimful of 
 nervous energy with these words: "And mind you, 
 let there be no skulking! Let there be no skulking 
 now!" But when the bell summoned to actual danj^er 
 and responsibility, and the more timid looked for their 
 brave commander, he was nowhere to be found; 
 though there was made diligent search, even to the 
 sending to his house for him, he failed to ]iut in an 
 appearance. Then certain profane youth, tilled with 
 merry contempt, took from a white fowl its whitest 
 feather, and carefully inclosing it in an envelope, ad- 
 dressed and sent it to the brave talker. 
 
 Very different was the conduct on this occasion 
 of Mr Brannan, to whom the highest praise is due. 
 Peculiar as he was in some respects, I cannot but 
 icijard his connection with the first Vigilance Com- 
 niittee as the brightest epoch of his eventful life; and 
 so long as society holrls its course in San Francisco 
 his name should be held in honored and grateful ro- 
 luembrance. With the most cheerful recklessness he 
 threw his life and wealth into the scale; anything 
 and everything he possessed was at the disposal of 
 the committee free of any charge. 
 
 The avowed object of the association was to vigil- 
 antly watch and pursue the outlaws that infested the 
 <'ity, and bring them to justice, through the regularly 
 constituted courts, if that could be; by a more sum- 
 
 Pop. TniB., Vol.. I. 14 
 
810 
 
 COMMITTEE OF VIGILANCE OF 1851. 
 
 niary and direct process, if must be. Each member 
 ])ledged his sacred honor, hifc fortune, and his hfe, for 
 the protection of his fellow members, for the protec- 
 tion of the lives and property of the citizens of the 
 community, and for purging the city of bad characters 
 \vho were making tliemselvcs odious in it. 
 
 An informal instrument was drawn up at this 
 meeting, which signified the general purpose and 
 course of action. This was signed by those preis- 
 ent. Inviolable secrecy was laid on every member; 
 unity and good faith, becoming common interests 
 and manly honor, should characterize all their act:"^. 
 Every member should act the part of city monitor; 
 in case of disturbance members of the society should 
 be summoned, and each subscriber promised to appear 
 when called, and to perform service when needed. 
 
 A partial organization only was effected on Mon- 
 day, but next night arrangements were perfected and 
 future action determined. Then and there they re- 
 S(jlved to purge the city of crime at the hazard of their 
 lives and fortunes. Watches must be set, patrols 
 established, and scouts sent out; evil-doers were to 
 be hunted, and when caught, tried, fairly, consci- 
 entiously, deliberately, and if guilty punished im- 
 mediately. This was tlie simple plan, the code of 
 common-sense, cstnblished by these men of practical 
 determination. There was to bo no friction of un- 
 necessary agencies in their machinery; they know 
 when a vagabond deserved banishment or hanging, 
 and they knew how to banish and hang; and this 
 was enouijh. 
 
 The protocol of the constitution is dated the 8th of 
 June, at v«hich time it was instituted and put into 
 general effect. In the book of signers it is dated tlu 
 i)th of June, at which time it was finally adopted and 
 signed. To the constitution S. E. Woodworth is the 
 first signature; S. Brannan, the second; E. Gorhani, 
 the third; Frod'k A. Woodworth, the fourth; Geo. J. 
 Oakes, the fifth; and so on. 
 
ORGANIZATION. 
 
 m 
 
 Following are the constitution and by-laws as 
 adopted : 
 
 CONSTITUTION, 9th JUNE, 1851. 
 
 " WnEREAS, It has iKcomc apparent to the citizens of San Francisco that 
 there is no security for life and property, either under the regulations of bo. 
 ciety as it at present exists, or under the laws as now administered ; therefore, 
 the citizens whoa i names arc hereunto attached do unite themselves into 
 an association for the maintenance of the peace and good order of society, and 
 the preservation of the lives and property of the citizens of Saa Franciaco, 
 and do bind ourselves, oach unto the other, to do and perform every lawful 
 act for the maintenance of law and order, and to sustain the laws when faitli. 
 fully and properly administered ; but we arc determined that no thief, burghir, 
 incendiary, or assassin shall escape ijunishment, either by the quibbles of tlie 
 law, the insecurity of prisons, the carelessness or corruption of the police, or 
 a laxity of those who pretend to administer justice. And to secure the objects 
 of this association we do hereby agree ; First, That the name and style of tho 
 association shall be the Committee of '''igilance, for tho protection of tlic citi- 
 zens and residents of the city of San iVancisco. Secondly, That there shall 
 be a room selected for the meetuigs and deliberations of the committee, ;.t 
 w'.iich there shall be some one or more members of the committee, appointed 
 for that purpose, in constant attendance, at all hours of tlie day and night, to 
 receive the report of any member of the association, or of any other person or 
 persons whatsoever, of any act of violence done to the person or i)roperty of 
 any citizen of San Francisco; and if, in the judgment of the member or mcni- 
 lijrs of the committee present, it be audi an act as justifies the iuterferenco 
 oi" tliis committee, either in aiding in the execution of tho laws or the promjit 
 and summary punishment of the olFender, the committee shall be at once a.s- 
 fsenibled for the purpose of taking such action as a majority of the committeu 
 v.hon assembled shall determine upon. Thirdly, That it shall be the duty of 
 any member or members of the committco on duty at the committee room, 
 whenever a general assemblage of tlie coniinitt( >' is deenii d necessary, to 
 cause a call to be made by two strokes upon a b('li ".vliich shall be repeatt'd 
 with a pause of one minute between each alarm; tho ularm to be struck until 
 ordered stopped. Fourthly, That when the comniitteo have assembled f.jr 
 action tho decision of a majority present shall l)e binding upon the whole 
 ciinimittee; and that those members of the commit :oe wlioso names are here- 
 unto iittaclied do pledge their honor, and hereby bind them..'lves, to defend 
 mill sustain each other in carrying out the determined action of this com 
 iiiittee, at the hazard of their lives and their fortunes. Fifthly, That there 
 ■shall bo chosen monthly a president, secretjiry, and treasurer; and it shall be 
 tlie <luty of the secrctr . detail tho members required to be in daily atteiul- 
 iuice at tlio committee room. A sergcant-at-arms shall be appointed, whose 
 <hity it shall bo to notify such meml>ei3 of their detail for duty. The scrgean; • 
 iit-anns shall reside at and be in constant attendance at the committee ir)oni. 
 TliLre shall be a standing committee of liuance and qualitkation, consisting oi 
 li\ e each, and no peraoa shall be admitted a r.icmbcr of this association unks.. 
 
3 ail 
 
 II 
 
 :i2 
 
 COMMITTEE OF VIGILANCE OF IS.'!. 
 
 lie be a respectable citizen, and approved of by the committee on qualiScation 
 before admission. " 
 
 BY-LAWS. 
 
 "WiiEnEAS, The citizens of San Francisco, convinced that there exists 
 within these limits a l>and of robbers and incendiaries, who have several times 
 l)urned and attempted to Inim their city, who nightly attack their persons 
 and ])rea' into their buildings, destroy their quiet, jeopardize their lives and 
 property, and generally disturb the natural order of society; and whereas, 
 many of those taken by the police have succeeded in escaping from their 
 prisons by carelessness, by connivance, or from want of proper means or force 
 to secure their safe confinement; therefore, be it 
 
 " liCHolved, That the citizens of this place be made aware that the Com- 
 mittee of Vigilance will be ever ready to receive information as to the where- 
 abouts of any disorderly or suspicious person, or persons, as well as the per- 
 sons themselves, when suspected of crime. That as it is the conviction of a 
 large portion of our citizens that there exists in this city a nucleus of convicts 
 and disorderly persons, round which cluster tliose who have so seriously dis- 
 turbed tlie peace and aflfccted the best interests of our city, such as are known 
 to the police of the city, or to members of the Committee of Vigilance, as 
 f'jlons, by conduct or association, bo notified to leave this port within five 
 days from this date; and at the expiration of wliich time they shall be com- 
 jH'Ued to depart, if they have not done so voluntarily within the time specified. 
 
 " RcKnlvfd, That a safety committee of thirty persons be appointed, whose 
 8.-.icred duty it shall be to visit every vessel arriving with notorious or suspicious 
 characters on board ; and unless they can present to said committee evidence 
 of good character and honesty, they shall be re-shipped to the places from 
 whence they came, and not to be permitted to pollute our soil. 
 
 ' ' l)VSolvv(l, That all gootl citizens be invited to join and assist the Committee 
 of Vigilance in carrying out the above measures, so necessary for the perfect 
 restoration of the peace, safety, and good order of our community." 
 
 Signed to this were about two hundred names. The 
 documents were then given to the pubhc journals for 
 pubhcation, with the tbllowing remarks by the com- 
 mittee : 
 
 " The above, a portion of the Committee of Vigilance lately established in 
 the city for the preservation of order, punishment of vice, and for the pur- 
 l)ose of meting out that justice so long withheld from criminals, unwilling,' 
 that the names of a few of their associates should 1)0 selected by the Coroner's 
 Jury as the principal actors in the trial and execution of Jenkins, inform tlie 
 public that they with all the memliers f'f the eonmiittee are equally re- 
 sponsible for the first act of justice that has been dealt to a criminal .':i Sun 
 Francisco since California became a state of our Union. Our fellow-citizens, 
 remembering the escape of Withers, Daniels, and Adams, of Stuart, Wildred, 
 luid Watkins, and tho tardy manner in which tlie incendiary Lewis is boinL; 
 brought to justice, will see the necesaity of the stringent measures we Imvo 
 adopted. " 
 
SOME REGULATIONS. 
 
 213 
 
 This publication also informed those frictuUy to clic 
 cause that the Committee of Vifjilance had nothinfj 
 secret in their proceedings but such matters as would 
 tend to defeat the object for which they were asso- 
 ciated. After arranging for concert of action, the 
 absence of which had been so severely felt during the 
 I3urdue-Stuart affair; after establishing a watchword 
 and a signal to be used to call members to the ren- 
 dezvous, which was three taps — it had been two taps 
 before — on the California Fire Company's bell, and de- 
 tailing officers for immediate duty, enrolling a number 
 (.f IK ubers, all among the most respectable and well 
 !.j)c' • "itizens, and after disposing of other needed 
 1)1! sin- .is, the committee adjourned for the evening. 
 1 say they adjourned, but the;^ did not disperse. The 
 first great tragedy was to be enacted that night. 
 Before these associates should sleep, their promises 
 nmst be sealed in blood. 
 
CHAPTER XIV. 
 
 BEHIND THE SCENES. 
 
 I 
 
 So do the wiL.' ■ ■[ +'mnder cleanse the air, 
 So working b^e • and purge the wine; 
 
 So lopp'd and prnn .ees do flourish fair, 
 So doth the tire I.: dros^jy gold rcline. 
 
 (Spe/wer. 
 
 Throughout my examination of the subject of 
 popular tribunals it has been my constant purpose to 
 bring to light as much as possible the inner workings 
 of the San Francisco Cominittoe of Vigilance, as that 
 organization must ever be the u'rand and central fiijure 
 in all such study. All that has hitherto been made 
 public, all that has hitherto been known of it, is what 
 was outwardly visible at the time. The institution 
 was known only by its results. It was public -j ap- 
 parent that such an association existed, and the watch- 
 ful observer could easily ascertain where its members 
 met. The people at large could see when an arrest 
 was made; in the event of exile or execution thev 
 could see offenders shipped hence or hanged. But 
 tliis was all. Of what was done within the walls; of 
 the o^^ganization as such, its color, calibre, sentiment, 
 purpose, and secret action, they knew absolutely 
 nothing. Among the members themselves, the riglit 
 hand knew not what the left hand did. Members ot' 
 the general committee knew as little about the de- 
 liberations and actions of the executive committee 
 as those who were not members of the Vigilance 
 Committee at all. 
 
 The history of the movement, I clearly appre- 
 hended, could not be fully written without careful 
 
 (214) 
 
RETICEXCE OF MEMBERS. 
 
 2K 
 
 inquiry into what was, of all things connected with 
 it, the most closely guarded. For a long time I was 
 j^eremptorily refused admission behind the scenes; 
 for years the only answers I received to my constant 
 importunities, to my arguments as to what I conceived 
 to be their duty, their obligations to the world, in the 
 matter were these: We do not wish to revive the 
 ])ast, melancholy as it is with dismal memories. We 
 have no ambition to figure in history. In our action 
 we only followed what we conceived to be our duty ; 
 our conscience to-day app'oves; under like circum- 
 stances we should do the sau.^; but there are those 
 whose opinions are worthy of as much consideration 
 as ours who differ with us, and we do not care to 
 discuss the question. Action was our logic, and tlio 
 iruit of our deeds the end of the argument. We will 
 not, we dare not say more. 
 
 Nor was tliis an unnecessary precaution. In fact, 
 if not so morally, those associates were legally out- 
 laws. In the eyes of their government they were 
 conspirators and murderers, and tliey could not be 
 officially regarded as anything else. By these acts 
 which tliey deemed necessary and righteous they laid 
 themselves open to prosecution, which miglit result 
 in fines, imprisonment, or even death. Should the 
 law d'.cline to act against public sentiment, sliould it 
 refuse to exercise in its strict letter its power against 
 its loyalist lovers, and visit with puiusliment the best 
 citizens of the comuKJUwealth, there were yet at large 
 thwarted villains enough in whom burned so strong a 
 desire for vengeance as to make assassination prob- 
 able. Hence it became the vigilants to l)e wary and 
 silent; hence, likewise, it was necessary that at all 
 hazards they should stand by each other. 
 
 But better counsel in due time prevailed, and once 
 the barrier broken, every recess was thrown o[)en to 
 me without reserve. Not only was all existing writ- 
 ten and printed material jJaced at my disposal, but 
 the fountains of memory fairly opened, a stream of 
 
216 
 
 BEHIND THE SCENES. 
 
 briglit recollection flowed forth such as gladdonecl my 
 thirsty pen. Supplementing their copious dictations 
 with long and frequent interviews as my work pro- 
 gressed, I am enabled to present what I cannot but 
 regard as an important and wholly individual phe- 
 nomenon in the history of the race, as distinctly and 
 minutely as the most exact student of social develop- 
 ment could desire. And here let me remark that the 
 deeper I .sounded the subject the more I became 
 fascinated with it, and the clearer appeared to me the 
 ])urity of purjiose, the wisdom of counsel, and the 
 masterly activity in execution, of those whose deeds 
 I chronicle. 
 
 It was on the north-east corner of Bush and San- 
 some streets that Mr Brannan had his office. There 
 in June, 1851, stood a row of two-story frame houses, 
 in the corner one of which the order-loving citizens of 
 San Francisco organized their first Committee, formed 
 for the ]iurpo.se of taking such measures as slu»ukl be 
 deemed necessary to secure safety to person and {prop- 
 erty. The lot directly opposite on the same side of 
 Sansome street was vacant and ungraded, and huge 
 hillocks of undisturbed sand rolled off toward the 
 south-west. 
 
 The entrance to the ccujmittee rooms was on Bush 
 street. The low ceilinijf and sides of the rooms were 
 lined with white cotton cloth, made dingy by tlust, 
 wet by such portions of the previous winter's rain 
 as could find its way througli the cracks. To the 
 feloniously afflicted a visit to the rooms was as terri- 
 fying an adventure as a visit to the cave of Trophonius. 
 ]\Ir Brannan's offlce was up a narrow flight of steep 
 stairs, in a little room partitioned from the loft at the 
 Bush-street end. His business was extensive; in the 
 city he held much real estate, and in the country he 
 was proprietor of farms and mines. It was in tliis 
 little office that Neall and Oakes found him on the Sun- 
 day afternoon named, for business men in those days 
 
E.UILY PROCEEDINGS. 
 
 217 
 
 the 
 rri- 
 ius. 
 eep 
 tho 
 the 
 lio 
 Ills 
 inl- 
 ays 
 
 ditl not usually close their offices on tlie Sahhath. 
 On the Hoor below were three rooms, intended i'or 
 stores, each fronting about twenty feet on Bush 
 street, and running back to a depth of some fifty feet. 
 The rooms* were at that time vacant, being for rent. 
 When the gathering of tlie citizens on Monday night 
 had filled to overllowing the middle room, Mr Hran- 
 nan took a knife, and cuttiuiX the canvas at the sides 
 and bottom, between portions of the studding, opened 
 passage-ways to the rooms on either side. The aj)er- 
 tures thus made were curtained by the still hanging 
 canvas. 
 
 There was little that was attractive about the 
 j)lace, and it offered few inducements to loungers. 
 These rough rooms, wherefrom renovation siiould pro- 
 ceed to cleanse the city of its foulness, contrasted 
 strangely with the mirrored and bedizened walls of 
 infamy. The gambler offered you brighter lights and 
 softer seats, but his smile was the leering, jeering, 
 sneering smile of Mypliistopheles. 
 
 Round a plain table were a few chairs, on which 
 were seated the more active workers of the assend)ly, 
 the secretary, president, and those engaged in pre- 
 paring articles of association and plans ior future 
 procedure; the rest stood in groups, leaned against 
 the walls, or seated themselves on boxes and boards 
 brought in through the back door. Little cared they 
 for rest or comfort, they who purposed neither rest 
 nor comfort for certain others. During some of these 
 intense excitements hundreds woulil remain on their 
 feet with no thought of food from morning till night, 
 seemingly without knowing it, so lost were they in 
 their surroundings. 
 
 There was little to say in explanation why they 
 liad been called tosjether, either at the meeting of 
 Monday noon t)r jNIonday night. All knew the ])ur- 
 ])ose of the convention, and it remained oidy to 
 discuss the best method of accom})lishing it. That 
 which waj most essential was absolute secrecy, and 
 
m 
 
 BEHIND THE SCENES. 
 
 this was first of all enjoined. Should courts, officers, 
 and criminals, through the treachery of any, be made 
 aware of their intentions, the best laid schemes were 
 sure to be thwarted. To secure at once secrecy, con- 
 cert of action, and efficiency, it was thought best to 
 resolve the working material of the association into 
 active and passive parts, the former to comprise the 
 Executive Committee, who should rule, and the latter 
 the General Committee, who should obey. 
 
 And it was done. The executive committee thus 
 became in reality the Vigilance Committee, and the 
 general committee auxiliary to it. Of the vigilant 
 forces the executive committee were the general and 
 his officers, or the president and his cabinet, and the 
 general committee the common soldiers. As a check 
 upon the abuse or misrepresentation of power, it was 
 made the duty of the executive committee, before 
 ultimate action on important questions, to lay their 
 propositions before the general committee and obtain 
 tiie sanction of its members; bu|; from the executive 
 committee must issue all orders, and they alone were 
 to be held responsible. 
 
 Monday night the protocols of constitution and 
 by-laws were drawn, and Tuesday night they were 
 adopted. Officers were chosen and sub- committees 
 appointed; and as the association met from day to 
 day, new necessities brought forth new rules. This 
 the records of the meetings will more clearly show, 
 and to them I now refer. 
 
 Selim E. Woodworth was the first president of the 
 general committee, and Samuel Brannan the first 
 president of the executive committee. Brannan's 
 term of office expired in three months; then Stephen 
 Payran was made president of the executive com- 
 mittee, and after Jiim Gerritt W. Ryekman. Money 
 was freely circulated in tliose days, and at times when 
 enthusiasm ran high ten thousand dollars if necessary 
 could be raised for a popular measure in an hour. 
 
 The archives of the executive committee of 1851, 
 
COMMITTEE ARCHIVES. 
 
 219 
 
 which were kindly placed at my disposal by Mr Isaac 
 ]31uxomc junior, secretary of the committees both of 
 1851 and 185G, consist of books of record and bundles 
 of loose documents. The first book of the committee 
 was that of the si<jners of the constitution. It is a 
 cap half- bound record, and the constitution occupies 
 the first two pages. On the margin of the second 
 page arc the words: President, S. E. Wood worth; 
 Treasurer, Eug. Delessert; Secretary, Is. Bluxomo; 
 and in another handwriting. Constitution adopted 
 June 9, 1851. Following the constitution are seven 
 hundred and sixteen signers, their names, j)laces of 
 business, and residence. A sojiarate book was kept 
 by the qualification committee, in which were entered 
 the names of those applying for membershij), and by 
 whom recommended. If approved, such a})proval is 
 noted and signed by the qualification committee. A 
 long narrow index-book was used for the purpose of 
 noting delinquents, and from this fines were reckoned. 
 As a rule members paid their fines cheerfully and 
 promptly. 
 
 The siiifiicrs of the constitution were numbered as 
 the names were written, and each was called l)y his 
 number. Admission of members to the meeting was 
 much the same as at a freemason's lodge; tlie a})pli- 
 cant, if unknown by sight to the door-keeper, called 
 his name and number, and was identified by the ser- 
 geant-at-arms. At times when extraorilinary caution 
 was necessary a password was u;sed. Then there is 
 the cash-book, kept by Eugene Delessert, treasurer, 
 in account with the Committee of Vigilance, and con- 
 tinued by George Ward. Among the chief items of 
 expense were .$192 the 14th of July for boat hire; 
 jassage, A. Wright, 19th of July, $100; trip to Sac- 
 ramento and expenses there in the arrest of B. Kay, 
 same date, §134. Other expenses in July, use of 
 steam-tug and boats, 6 1 00; rent, !?400; expenses 
 of Rider, Reynolds, and McDuflie, $190.50; carriage 
 hlrj, !$1G; A. J. McDuffij, scrgeant-at-arms, services 
 
 i 
 
220 
 
 BEHI^TD THE SCENES. 
 
 I 'I; 
 
 :!i: 
 
 I 
 
 rendered, 61 50; and divers amountH pai»l newspapers, 
 and for lumber, car})enter work, (urniture, stationery, 
 and other sui)})lieM. In July was also j)aid the pas- 
 saj^c money of George Hopkins, 6100; travelHng ex- 
 penses of il. Miller, $1 00 ; McDuffie's services, 62;]4. 44. 
 ( )n the I Ith of August was paid the sheriff's passage 
 by the steamer Oliio, '^V^b; the 11th of Se])tember, 
 .$50 was paid for carriage hire, and on the 13th, $225 
 passage money for prisoners. Notwithstanding the 
 grave matters before them, creature comforts were 
 not wholly neglected, as among other items I find 
 paid the Oriental Hotel $200, and the club-house, for 
 gin, brandy, and cigars, $58. Boat hire constituted 
 a large item of expense. None of the members of 
 the executive connnittcc drew salaries except the 
 secretary. Drinks are entered in the expenses of 
 agents and detectives in common with steam-boat fare 
 or any other outlay. 
 
 The revenue of the committee was derived chiefly 
 from the five -dollar subscriptions of members, and 
 donations from merchants and others. Durinj; the 
 month of June, a bank account was kept with Jamea 
 King of Wm,, with whom was deposited $1,070.1)7. 
 The account continues only through the month of 
 June, and the bank-book is not balanced. This ac- 
 count is kept with J. W. Salmon, treasurer. Mr 
 Salmon was the first treasurer and Eugene Delessert 
 the second. Salmon's account, dated the 7th of July, 
 shows receipts according to the above amount de- 
 posited, all of which was paid out for rent, carpenters, 
 water, police, sergeant-at-arms' salary, etc., except 
 $112.48, which Mr Salmon handed his successor, Mr 
 Delessert. C. H. Miller presents a claim the 22d 
 of July, "for cash expended by him in going to and 
 returning from Sacramento City three times for the 
 purpose of arresting Jimmy-from-Town, Dab Ains- 
 wortli, and George Adams, $100," which was allowed 
 and paid. 
 ■ Eugene Delessert opens his cash-book the 1st of 
 
THE MOXFA' DRIFT. 
 
 221 
 
 July, 1851, with tlio amount rcooived from his pre- 
 cleccHsor. During his term, which lasted until ^lay, 
 1852, the receipts were 67,75)1, 80. at which time 
 there was due him from the association !?2'J0.']8. 
 Georjjfe R. Ward then assumed the office of treasurer, 
 and up to October 7, 1852, tlie date of the last entry, 
 the book shows recei])ts to tiie amount of .$;}30.7(;. 
 Herewith I give fac-simUes of money-orders : 
 
 ^^^J.<^55^i^ 
 
 /r 
 
 
 The roll-call of the executive committee forms a 
 separate book of fifty-one names in all, though some 
 from time to time were erased. This roll ])e<;ins with 
 the 24th of September, 1851, and continues, with in- 
 tervals of about a week between each call, to the 2;)tli 
 f>f April, 1852. Every member was re(|uired to pay 
 to the treasurer the sum of five dollars on joining. 
 At a meeting of the executive committee, held the 
 2 2d of October, it was ordered that a safe should he 
 j)urchased, in which the secretary should keep the 
 l)ooks and papers of the association. 
 
 The Connnittee of 1851 was not as complex in its 
 mechanism as the Committee of 1856. The former 
 had no military organization like that of the latter, 
 
 I. 
 
222 
 
 BEHIND THE SCENES. 
 
 ' 
 
BUSINESS ROUTINE. 2-J3 
 
 but a police orf^aiiization only; yet in case of emer- 
 gency the officers of the association had a way of 
 speedily adapting tlieir forces to circumstances. 
 
 Beside the regular j)olice there was a water police, 
 of which Ned Wakeman was chief. The regular police 
 were paid, but often members were detailed for police 
 duty who drew no pay. The city was districted, and 
 a committee appointed to oversee the affairs of each 
 district. The water [)olice were stationed along the 
 city front to keep an eye on shi[)s and sailors, and to 
 watch for thieves accustomed to enter from beneath 
 stores built over the water. Charles Minturn was in 
 the steam-boat business then, running tlio Senator on 
 the Sacramento River, and was supposed to have in 
 his possession a large amount of money. So it was 
 with others. There being no banks of deposit enjoy- 
 *'ig the confidence of the community, merchants kept 
 
 nr money in tlieir stores; and often large amounts 
 . gold dust were separated from the pirates under- 
 neath only by the thin partition of the floor. Curs 
 were not so plenty in California then as now; few 
 cared to keep a dog at an expense of one or two dol- 
 lars a day. 
 
 The sergcant-at-arms might call on any member, not 
 otherwise engaged in the service of the Committee, at 
 any time, for special duty. A printed form was fur- 
 nished for the summons, which read as follows : 
 
 " COMMITTEE OF VIGILANCE. 
 " Andrew Andeeson : 
 
 "You are detailed for secret duty from ten o'clock to twelve o'clock 
 to-night, and will report accordingly to the Sergeant-at-Arms at tho 
 Committee Room. No. 58. 
 
 "San Francisco, June 19, 1S51." 
 
 It was resolved on the 27th of June that each 
 member should report himself at the committee 
 rooms once in every twenty-four hours. 
 
 Copies of passenger-lists of vessels arriving from 
 certain ports were obtained, and the character of the 
 
i 
 
 224 
 
 BEHIND THE SCENES. 
 
 II 
 
 
 iiO\V arrivals carefully cxaniinod. Out of morov for 
 their historian I beg the coming conunittees of vigil- 
 ance to date their documents. In tlie luiLje inter- 
 mixtui'e before me are hundredy of letters, reports, 
 resolutions, and eviMi examinations and confessions, 
 to wliich it is im|)ossil)le to give their proper place in 
 this history, from the fact that they hear no (hite. 
 Wliat is strange about it is that most of these doc- 
 innents are written by business men, who would 
 never think of sending out a business letter with such 
 an omission. 
 
 Some of the minutes of meetings, notices, com- 
 ])laints, evidence, and rejiorts are carelessly dated I 8;)! 
 during the early ])art of 18512, before the writer had 
 become accustomed to the new year. These blunders 
 1 am abK> to detect by comparing such )»a})ers with the 
 events spoken of Fortunately, from the records and 
 irom theii- connection tluM'cwith, 1 am abU) to j)lace 
 the most impoitant of these documents, but the labor 
 is doubled from their lackinu' date. 
 
 I 
 
 
 The vigilance system was one of popular espi()nage, 
 the most extensive and complete a liberal government 
 has ever seen. Every man was a spy on every other 
 man. ()p])osition was intimidated by the watchful 
 eye and siK'nt tongue. Ol'ti'U a bad man did not kn(>w 
 his lu'dfellow, or when or where to sjK'ak his mind. 
 
 One day a gi'oup of men, gathered in the bar-i-oom 
 of the Union ]lotel, stood talking somewhat too 
 loudly and vehemently against the ' stranglers,' when 
 Mr Kyckman stejiped in foi- his luncheon. After 
 listening attentively for a lew moments, though with- 
 out a'ppearing to notice them, he stepped uj) to out; 
 ol' the chief s])eakers, a wealthy, intluential man, whom 
 he Will knew, and called him aside, saying he wished 
 to speak a word with him. When they were alone 
 IJyckman drew from his pocket an imprint of the 
 watchful eye, the end)lenj of the organization, anil 
 showing it to him, said: 
 
ESPIONACE. 
 
 i-»OfJ 
 
 " The Committeo will see you at tlicir rooms this 
 cveiiinijf at eight oVUk'Iv." 
 
 "My God, Ryckinaul wliat do you mean? Surely 
 you are not one of them (" 
 
 "I mean what J say," answered liyckman. "These 
 men are stakinjjf their lives and fortunes for the unm- 
 oral ij^ooil, and they shall not he vilified in my hear- 
 UMX hehind their hacks. If vou have anv eharijes to 
 make, and will suhstantiate them, they will listen to 
 your accusation ajj^ainst themselves, or any one of 
 their numher, as dispassionately as they will listen t(» 
 my aecusatit)n airainst you. (Jood-day. You will he 
 there at the appointed hour." 
 
 As Ryckman moved otf, his <|uondam friend siM/ed 
 hold of him, and in the most piteous terms hejjcii^ed him 
 to recall the oi'der I'or his airest, promisinu^ ii'sjtectful 
 ])i'udence lor the future. With some furtlu'r words 
 of admonition, to this at lenij^th Ryckman was con- 
 strained to yield assent, and so left him. 
 
 The serLjeant-at-arms reports, at thi> meetinjjj of 
 July 4th, nunduTs ,'{17, 2t>4, and *2.'U> as injurious to 
 the Committee, an<l thenceforth those members were 
 refused admission. 
 
 Poi-. TuiD., Vol. I. 15 
 
If 
 
 t 
 
 :-:| 
 
 u 
 
 ill m 
 
 
 ■ 
 
 U 
 
 CHAPTEK XV. 
 
 JOHN JEXKINS, NOLENS VOLENS. 
 
 A dismal universal hiss, the sound of public scom. 
 
 Miltoii. 
 
 y 
 
 In Washington Block, on Long Wharf, was the 
 shipping office of Mr Virgin. It was customary, 
 under the reckless regime of that business epoch, for 
 merchants and others to leave their offices unlocked 
 during the day, coming and going at pleasure, while 
 in the drawer or money-box might be thousands of 
 dollars in gold. Prior to this time it was even more 
 common. Mr Neall informs me that in 1849, often 
 on Sunday he would tie his tent strings, take his gun, 
 and march oft' over the sand-hills, leaving thus exposed 
 his stock, and sometimes fifty thousand dollars in gold 
 dust locked in a little iron box which one blow of a 
 hammer would shiver. This spirit of indifference to 
 money among money-making men, and the absence of 
 suspicion between those so lately strangers, is one of 
 the strangest characteristics of the times. It is no 
 wonder that the men of Svdney, accustomed to the 
 ponderous vaults which barred their fingers from the 
 property of their English brethren, should laugh with- 
 m their hearts at the shrewd simplicity of these care- 
 less money- getters. 
 
 Like his neighbors, Mr Virgin kept his money in a 
 small iron safe, such as a strong man could easily 
 carry, and on leaving his office he never thought of 
 lockinsx the door. There was a stranger ^Ir Virgin 
 had noticed several times of late lounging about the 
 wharf; a tall, powerful man, with keen, restless eyes, 
 
 ( '220 ) 
 
THE ROEBERY. 
 
 m 
 
 though, as the shipping agent imagined, a somewhat 
 sinister expression about the face. He was just the 
 person, one would think, successfully to cope with 
 difficulties in virtuous endeavor in such a place as 
 California. Indeed he once entered Mr Virgin's office 
 and spoke of passage to the upper country and of the 
 several chances for an honest man in various parts; 
 and although to the intuitive perceptions of the Cali- 
 fornian these lacked the genuine ring of honest pur- 
 pose, the shipping agent tliought little of it, as there 
 Avere hundreds of adventurers who came to him daily, 
 destined they knew not whither. 
 
 For several days this man had been lurking about, 
 awaiting such time as would at once fmd this office 
 empty and the coast clear without; for the truth is, 
 the Sydney stranger, for such he was, had some time 
 since resolved to appropriate to himself in one lumji 
 tlie proceeds of many laborers rather than to go and 
 dig for himself There was greater risk in such ad- 
 venture, and greater skill required in its achievement, 
 but he would undertake it. 
 
 The time chosen was Tuesday, the 10th of Juno, 
 1851, toward the dusk of evening. Mr Virgin was 
 absent from his office attendin<j: to the sailiny; of <tiio 
 of his vessels, and the attention of loungers about tlu; 
 M'harf was momentarily called in the same direction. 
 It was a bold, a brazen thing to do; one would think 
 the chances altogether against the thief And so they 
 were; but when philosophers in some certain quarters 
 of their mind are such fools, when the ablest scholars 
 in science, divinity, and jurisprudence as a rule in- 
 dulge each in some quaint absurdity of so simple a 
 nature as to call to the face of homely conmion-sense 
 a smile, surely we should not look for perfection in 
 skilled villainy. It is asking too much of the genius 
 of rascality that every thread of logic in its hypotheses 
 sliould be equally strong while the genius of morality 
 is often so bat-blind and owlish. 
 
 He would try it. Throwing round him one last 
 
I 
 
 If 
 
 t! 
 
 JOIIX JENKINS!, NOLENS VOLENS. 
 
 liurricd glance, he tliencefortli shut his eyes to con- 
 sequences, and stepping into the office ho seized the 
 sale, sHj)ped round the building, and dropping it into 
 a boat ready for the ])ur])ose, shot from the wharf. 
 It was all done in an instant; and once out upon the 
 Bay with his prize he did not stop to see what was to 
 come of it, but pulled away with all his might for the 
 op])osite shore. 
 
 VirLfin shortly returned and missed his safe. Raising 
 the alarm, he soon found sc!V(,'ral who had seen the 
 man with his burden, and instantly a dozen l)oats 
 were in hot ])ursuit. 
 
 At such a time every riglit-thiidving man made his 
 neighbor's cause his own. This was another of the 
 })eculiarities of Californian cliai-acter incident to tlu; 
 times. I do not mean to say that it is unconnnon or 
 less natural lor virtue to band lor self-[>rotection than 
 for vice; but in California moi-e tlian elsewhere, and 
 then more than now, there was manifest a fratei-nal 
 feeling among both the good and tlie bad such Jis I 
 have never witnessed elsewlu'rc In coming hither 
 all were strangers in a strange land; all had nmch in 
 (ronunon; each carried his Ibrtune in his own hand; 
 in the absence of firm general rule each aloiu? felt 
 unprotected; hence tlieri; was more than ordinarily 
 apparent that natural uniting instinctive to weakness. 
 
 One boat with but a single oarsman, even though 
 he were a strong man whose life de|>ended on his 
 exei'tion, was no match for a dozen boats well manne<l 
 ])y skilful rowers; so the thief soon saw, as he would 
 say, that the game was up. ]iut they should not have 
 the mon(>y though he swung for it. What he could 
 not enjoy they should not. Jlalf the battle would be 
 won, though they should caj)ture him, if he could 
 cheat them of one of the objects of their eag(;r \)uv- 
 suit; so he threw the safe overboard and i)ulled away 
 harder than ever. 
 
 J]ut all in vain; for presently ho saw his head siu- 
 rounded by twenty o[)en-mouthed pistols, each thirsty 
 
BEFORE THE COMMITTEE. 
 
 220 
 
 to drink lii« life. Tlie cull to stop was unnocoR.saiy ; 
 the thief rested on lii.s oars and was a ])risoner. Tlu; 
 spot was marked by liis pursuers wliere the sale wns 
 dn^pped; and while some stop])ed to fisii it out, which 
 was successfully accomplished, others conveyed the 
 j)risoner to the new tribunal of the peoj)le, as the one 
 most projx.'r to administer justice accordinjjf to tlu! 
 temper of the times. Two or three policemen made 
 their a])i)earance alter the man was taken, and su^- 
 ^ested that they had a .^al'e and ja-oper [dace for him; 
 but they were told not to disturb their sleep by lookiii'Lj 
 aftei" other people's pi'isoners. 
 
 The citii^ens' meetlnj^ at Brannan's stores on this 
 Tuesday niLjht, as v*e have seen, was adjourned, id- 
 tliou'^di the mend)er.s of the newly or^^anized association 
 had not dispersed. While they were conversing upon 
 ad'aii's yt;t up[)ermost in their min<ls a knock was heard, 
 and word came in that a thief had been taken, and 
 that his cajttoi's waited v ith him outside. They were 
 ordered in. (^)uicker than had l)een surmised was here 
 ail op])ortunity to test the lU'W machinery, and see 
 how the so lately imj)rovised judicial enj^'ine under 
 Mction would l)ehave. 
 
 .\s the prisoner, dosi'ly guarded, entered, the C.di- 
 I'ornia (.'ompany's bell soimded the alarm, calling all 
 good citizens to i-ally to tin' supjiort of their Com- 
 mittee. The thing was not done stealthily, midei' 
 cover of darknes«, as we havt.' so often Ijeeii told. I 
 have it on the authority of Mr Xeall himself that his 
 associate, Mr Oakes, with a bilU.'t of wood in his own 
 hand, struck the bell twenty times and more;, three 
 strokes and a pause each sounding, such being the 
 signal agreed on. 
 
 Still surrijunded by his captors with cocked pistols 
 ill their hands, the jirisoner was placed before his 
 judges, Kough, tall, powerful, of line ])hysi(|Ue, with 
 Knglish dj'ess and cast of feature, he stood glaiiiig 
 deliance through the dim candle-light like a foiled 
 Argantes. lie was an Australian convict, and known 
 
230 
 
 JOHN JENKINS, NOLENS VOLENS. 
 
 to miiny present as an old offender. Simpton war; his 
 true name, but lie called himself John Jenkins; and 
 in so far as this apparent predilection is concerned wo 
 will humor him, and so pass him to posterity. Ho 
 was a vicious-looking man, a desperate character, who 
 o;i many occasions liad eluded justice, and his record 
 would entitle him to the severest punishment. All 
 this coultl be easily proven. 
 
 Few who heard the strokes upon the California 
 Company's bell on that night knew the exact purport 
 of its sounding. They knew that the confused events 
 of the last several months had boded dire combustion ; 
 but speaking little, each joined the throng, which was 
 soon discovered to be leading to the little frame house 
 standing on the corner of Bush and Sansome streets. 
 
 The executive committee immediately organized as 
 a court, with the president, Samuel Brannan, as chief 
 iudu'e, and the members of the Committee as associate 
 judges. The sergeant-at-arms was required to clear 
 the rooms of all save tlie members and officers of the 
 tribunal, which now numbered about seventy names. 
 Tlie case was then opened and testimony taken. To 
 l>rove the last offi;nce was a simple matter, as there 
 were jircsent many well known and highly credible 
 witnesses fresh from the scene. It was then proposed 
 to inquire into his previous conduct, and bring testi- 
 mony, if obtainable, in regard to former crimes. This 
 was easily done, as there were those present in the 
 gathered multitude without who know him well, and 
 his act^ were bold and recent. A committee was 
 apjiointed to obtain witnesses for the accused. 
 
 Both before and after the arrest of Jenkins quiet 
 and good order prevailed. Within the committee 
 room there was no undue excitement, and without 
 there was no disturbance. Yet notwithstandini; the 
 general calmness there was no little nervousness be- 
 neath the surface of things. Here was a desperate 
 deed, unparalloled in its audacity, done in the teeth 
 and at the very moment of the vigilance organization. 
 
CONDEMNED. 
 
 881 
 
 At one time during tlic proceedings there appeared 
 to be some faltering on the part of the judges, or 
 rather a hesitancy to take the lead in assuming re- 
 sponsibility, and braving what might be subsequent 
 odium. It was one thing for a half-drunken rabble to 
 take the life of a fellow-man, but quite another thing 
 for staid church-fjoinfj men of business to do it. Then 
 it was that William A. Howard, a man of impetuous 
 bravery, after watching the cooling zeal for a few 
 moments, rose, and lajnng his revolver on the table, 
 looked about over the assembly; then in slow, clear 
 enunciation said: "Gentlemen, as I understand it, 
 we are here to hang somebody I" The look and man- 
 ner were enough; there was no more halting. 
 
 The trial lasted until eleven o'clock, when the 
 prisoner was conducted to an adjoining room, and the 
 jury were called to render their decision. The ver- 
 dict was unanimous; the prisoner was guilty and 
 should be hanged. 
 
 "When?" 
 
 "The sooner the better; immediately. Safety de- 
 manded prompt action in the exercise of this now 
 expedient." 
 
 Ryckman entered the prisoner's room and made 
 known to him the decision of the tribunal, 
 
 "Bosh I" was the only reply. 
 
 "Tell me truly, what is your name?" asked Ryck- 
 man. 
 
 " John Jenkins." 
 
 " Mr Jenkins, you are to die before daybreak." 
 
 " No, I am not." 
 
 "Have you any money or message to send your 
 friends?" 
 
 " No." 
 
 " Do you wish me to write to any one for you?" 
 
 " No." 
 
 " Can I do anything for you?" 
 
 "Yes; give me some brandy and a cigar." These 
 were given him. He drank deep, and smoked with 
 
!l^ 
 
 JOIIX JEXKIXS, XOLEX.S VOLEXS. 
 
 i! 
 
 a relish. Mr Ryckmaii then asked tlic coiideinnccl 
 if he would like a clergyman; and if ho, of what 
 denomination. Jenkins, after receiving repeated as- 
 surances that his death was near, intimated that if ho 
 must have one he would prefer an Episcopalian; 
 accordingly the Rev. Mr Mines was sunnnoned and 
 came immediately. 
 
 Mr Mines had not been long alone with the pris- 
 oner before the Conmiittee began to be impatient. It 
 was the sentiment of the meeting that prayers and 
 exhortations should be short, as well as trials and 
 executions. The police might rally and attempt a 
 rescue; then Broderick, too, was out with all his force, 
 and strongly opposed to the Committee. At last Mr 
 R^'ckman could curb his restlessness no longer, and 
 entering again the prisoner's room, he said: "Mr 
 ]\Iincs, you have now consumed throe quarters of an 
 hour, and I want you to bring this prayer business to 
 a close. I am going to hang this man in fifteen min- 
 utes." 
 
 Throughout the entire ])rocccdings the bearing of 
 the prisoner was defiant and insulting. He confidently 
 expected to be rescued at any moment, and openly 
 intimated as much. Indeed, while the trial was in 
 l)rogress the Committee were informed by its officers 
 that already the rouijfhest characters throughout the 
 city were fully apprised of the organization, and they 
 knew that one of their number was that night taken 
 before it. ]Mingling with the crowd around the 
 buildin!^:, listeninij to what was said, and watchinu: 
 those that enter(.'d and came out, it was easy to see 
 that something unusually stern was going on within; 
 and they migiit v/ell infer, if they purposed to save 
 their comrade, they had best rail}" to his rescue soon. 
 When the verdict of the jury was told the piisonci-, 
 he heaped on them maledictions and told them to do 
 their worst. 
 
 The sentence of immediate execution was opposed 
 by some, on the ground that it was neither manly 
 
TESTING PUBLIC OPINION. 
 
 233 
 
 ted 
 
 nor politic. "To hang liini at night, in such hot 
 haste," said Coleman, "would be to lay at our door 
 an undeserved imputation of cowardice. Though our 
 judgments be in secret, our deeds should be visible 
 in the l)road light of open day; let this unfortunate 
 man be held till morning, then let him be hanged by 
 the light of the rising sun." This sentiment, however, 
 found few supporters; and when the clergyman came 
 in soon after and reported the criminal impenitent, 
 when he informed them that for his prayers he re- 
 ceived naught but curses, those who had advised delay 
 gave way and offered no further objection to inune- 
 diate action. 
 
 While this was going on, it had been thought best 
 to test the (juality and sentiment of the pe(>[)le sur- 
 rounding the building, to tell them what tlie Com- 
 mittee had done, and what it now proposed to do. 
 
 " Sam, you go out and harangue the crowd," said 
 Ryckman to Brannan, "while we make ready to 
 move." Mr Brannan assented, first asking Mr James 
 C. L. Wads worth to accompany him. The two gentle- 
 men went out, and the crowd opened a passage-way 
 ft)r them. Mr Brannan was a ht match for lighting 
 the poi)ular flame. As ready in the use of invective 
 as the gi'cat high-priest of his Mormon order; as full 
 of oaths, as ilatly coarse, and roundly ribald as a chief 
 of banditti, no one was more apt in such an emer- 
 gency than he. Ascending the mound of sand oppo- 
 site the old Bassette House, ^Ir Brannan poured forth 
 a torrent of words such as would di'own a pliilij)[)ic of 
 ])emosthencs. He abjured the law-courts, execrated 
 the judges, and taunted the peoide for tlieir tame 
 submission to criminal rule. Finally he informed 
 them that ho, in company with ]\Ir Wadsworth, had 
 been deputed by the Connnittee to report what they 
 had done. After an impartial trial the jirisoner had 
 been found guilty and sentenced to be hanged, the 
 execution to take place on the phiza in one hour. A 
 clergyman had been sent for, and all things slK>uld be 
 
234 
 
 JOHN JENKINS, NOLENS V0LEN3 
 
 I 
 
 i ': '4 
 
 done in accordance with the solemnity of the occasion; 
 and he cliargcd the people, as they valued the peace 
 and dignity of the commonwealth, to make no rush 
 or disturbance durinuj the solemn scene which was to 
 follow, assuring them that the Committee would en- 
 deavor to conduct everything to their satisfaction. 
 
 "And now," said he, "tell me, does the action of 
 the Committee meet with your approval?" 
 
 A mingled shout of 'ays' and 'noes' went up 
 from the crowd, with cheers and cries of "Who is the 
 speaker?" "Who are the Committee?" "No names I" 
 "No names I" The 'ays' were larixely in the ma- 
 jority, and the crowd moved off toward the plaza. 
 
 A connnittee was then appointed, consisting of 
 Coleman, Wakeman, and Schenck, to select a place 
 and make arrangements for the execution, and to re- 
 port as soon as possible. The three men set out at a 
 round pace on their mission, and although it was then 
 after twelve o'clock they found the city sleepless, and 
 the streets alive with people. There seemed to be 
 something magnetic about the old plaza, for whenever 
 young San Francisco had any special prank in hand 
 that was almost sure to be the play-ground chosen. 
 After discussing the advantages of several points, the 
 three midnight gibbet-hunters linally settled upon 
 making use of the old adobe custom-house building 
 then standing in the plaza. No sooner had they 
 arrived at a decision than a messenger was despatched 
 to head-quarters, saying that all would be ready in 
 fifteen minutes. The arrangements were soon com- 
 pleted. A rope was thrown over a high beam of the 
 veranda at the south end of the building, a noose 
 was made at one end of it, and all was ready. 
 
 At half-past one the door was thrown open, and 
 the members of the Committee passed out into the 
 street. There they found that the people had not 
 been wholly unmindful of them; for two large ropes 
 had been procured and were held by lines of men on 
 either side of the entrance, leaving a passage-way for 
 
MARCH TO THE PLAZA. 
 
 '-Mj 
 
 the Committee, aiul at tlie same time formini:]^ a l):inie'r 
 to protect them from the j)ressure of the crowd. The 
 Committee then formed within the ropes, in two lines 
 of two ahreast ; the prisoner, hound, and uncku- a stron«jf 
 H'uard, was placed hetween them; tlie hnes wei-e then 
 closed at either end, and thus they marched (juickstep 
 towartl the plaza. 
 
 Among the numher was little Georj^e Ward, as 
 hrimful of snap as a lire -cracker, and as hrave as 
 Jack the Giant-Killer. As he marched, marched 
 away, hrandisliini^ his weapon as one hent on douui'hty 
 deeds, Xed Wakeman cried out, "Take the pistol 
 away from that hoy; he will hurt somel)odyl" 
 
 ]>efore marchinL(, Bluxome tapped his revolver and 
 said to the prisoner: "In any attempt which may he 
 made to take you out of our hands, at the first move- 
 ment you make to escape, you die. That is my pai't 
 of this night's progrannne." "Yes, sir!" chimed in 
 Ward, "if the police attempt to seize you, sir, we 
 will blow your head oft", sir'" 
 
 As the Committee started their prisoner on his last 
 earthly walk the California (Company's hell tolled the 
 death knell of the condcnmed, striking in the stillness 
 of the night upon the ears of that outraged community 
 with awful solenmitv. Fainter and fainter the strokes 
 were heard, like the dying of earthly sounds to tlie 
 (le})artiiig soul, as the column marched away; hut 
 as it neared the scene of execution the Monumental 
 ( "ompany's bell struck clear and full upon the ear. 
 Ah I then and since, at the tolling of that ^lonu- 
 iiuntal bell, how the consciences of its hearers were 
 ] iricked; how to guilty souls accusing voices whis|)ered; 
 liow hearts sank, and breaths thickened, and limbs 
 Ivembled, until, like Eugene Aram, they were seized 
 with an irresistible imi)ul >e to confess their sins and 
 yield themselves up to ju.sticol 
 
 ^lean while the officers of the law and the des- 
 ]>eradoes had not been idle. 'Choir emissaries kept 
 tliem fully informed as to the movements about the 
 
 .1 
 
230 
 
 JOHN JENKINS, NOLENS VOLENS. 
 
 Comrnlttco morns; and wlien the column formed In 
 IVont of the door tliey (juiekly knew it, and determined 
 on an attaek, Colleetini'' ahoiit the corner of Clay 
 and Kearny streets, tlu;v waited the ai)proa('hin_i; j)r()- 
 oession, But the ViLjilance Connnittee w«.'r(; matle 
 aware of their intention, and were j)re])ared for them. 
 All had their wea})()ns ready, and were tletermined, if 
 neeessarv, to use them. If thwarted now they felt 
 that they mi<jht almost as well ahandon the country 
 as attem].)t its ])urjj[ation further. As they ai)|)roached 
 the plaza, Benjamin Hay, chief of police, made a dash 
 for the })risoner; but this was more a feint made under 
 color of duty than a real attem})t at rescue, lie was 
 easily thi-ust aside, and then was jjlaiidy told that he 
 had better keep awa3\ The desperadoes were next 
 U]ion them, but they were beaten back without much 
 ditKcultv, and the cohunn continued its way unbroken. 
 Near the centre of the j)laza stood the liberty pole; 
 and as they entered the square some thought the 
 purpose was to use it as a gallows. 
 
 '' No, no! not there'" they shouted. "Don't dese- 
 crate the liaixl" So said the um'easoning ral)ble; for 
 if it was a righteous deed that was to be dcjne how 
 would it hurt the Hag? 
 
 Some confusion ensued; but soon the patriotic 
 populace was made aware tl j such was not the in- 
 tention, and all was quiet again. Arriyed at the south 
 porch of the old adobe, the [)i-isoner was placed beneath 
 the roj)e, which passed through a pulley fastened to 
 the railing of the yeranda, and about half- past two 
 the noose was adjusted round his neck. 
 
 " Eyery loyer of liberty and good order lay hold!" 
 cried Brannan; and scarcely were the words uttered 
 when fifty hands grasped the roi)c, and with a sudden 
 jerk which broke his neck tho unfortunate man was 
 lifted upward, and his guilty soul shot hence into the 
 unknown realm of the beyond. 
 
 During the latter part of this tragic scene tho 
 conlemned had manifested the utmost indifference. 
 
RHSrOXSIDILITY. 
 
 237 
 
 Thoufrli lie well know that tlio failure of tho fraternity 
 to roseue hini scaled his doom, ho wa.s oalni and 
 couraufooUH to tho last. Ho niarcliod to his doatii 
 with firm stop and fearless oyo, smoking tho while, 
 and died with a cigar in his mouth. 
 
 Tlie hodv was U^ft iian<nnu, under a strong citizens' 
 guard, until six o'clock, when it was given up to tho 
 authorities, and was cut tlown hy tho city marsjial. 
 Two hundred and eighteen dollars were found in tho 
 ])ockots of tho deceased, which wont to defray the 
 burial o vponsos. 
 
 While it was ahsi.lutely necessary that the Vigilance 
 Connnittoo should keep its own counsel, that its in- 
 vestigations and intentions should rest a profound 
 secret in the breast of the few, the meml)ors wore no 
 loss determined tliat every one of their acts should l)o 
 performed as under the eye of God, as under the 
 direction < f a pure conscience, and should be such as 
 niiglit li't r ..V the alter scrutiny of tlieir fellow-men. 
 Some now felt the resj)onsihility so burdensome th.at, 
 whiK' their hoai'ts were in thi, cause, their courage was 
 made ci-avon by fears of tho consequence. IJut of tho 
 executive connnittoo there were comparatively few so 
 sti'icken. Some natures, ijfood enouiih in their way, 
 shrink from dangerous responsibility; some ai'o cowards 
 by instinct. Such the stronger souled bowed kind God- 
 sj)eed to tho connnittoo room dooi', and l)a<lo them go, 
 then turned their thouglits to jjractical justice. Up 
 to this time no oath of secrecy had been administered 
 to mond)ers of tlio Gonnnittee; all that was re(iuired 
 for admission into tlio society was a rocommonchition 
 from a member who vouched for the character of the 
 applicant. 
 
 The testimony of Mr IBrannan at tho coroner's 
 inquest, held tho day following, further illustrates 
 tho objects of the association and the manner in 
 wliich the trial was conducted. But it must l)o re- 
 membered that the t)porations of tho Committee were 
 
238 
 
 JOHN JENICmS, NOLENS VOLENS. 
 
 not then systomatizod in all their parts, nor did Mr 
 Brannan deem it prudent to tell all he knew. Some 
 questions he declined to answer. What he said was 
 as follows: Tliat he first saw the man at the corner 
 of Bush and Sansomc streets. Two men held him 
 by the arms, who said that they had arrested him. 
 He was not then handcuffed or pinioned. He was 
 tried fairly, by sixty or eighty persons, and the ver- 
 dict of guilty was unanimous. The jury impanelled 
 themselves; they were composed of the committee 
 of safety, all citizens of the town. He had heard 
 throats made against the lives and property of the 
 members; a prisoner in the county prison swore 
 that he, Brannan, should not live ninety days. Ho 
 knew of nothing done by the Committee that they 
 would conceal from the officers of the law under 
 proper circumstances. 
 
 On the other hand. Hall McAllister testified that, 
 going to the committee rooms about twelve o'clock, 
 he endeavored to obtain admittance, but was re- 
 pulsed. He saw others give the countersign and 
 enter, each whispering to the door-keeper the pass- 
 word, which obtained him entrance. He neither 
 participated in the proceedings nor sympathized with 
 the party; later he was disgusted at what he deemed 
 an outrage. 
 
 "No man need be afraid to let his children know 
 the part he took in that transaction," writes the 
 editor of the Courier, three days after the event. 
 Speaking of the constitution and by-laws of the 
 Vigilance Committee, which ap})eared in the public 
 prints of the 13th of June, signed by the then exist- 
 ing members, the Herald says: "If any guaranty 
 were re<iuisite of the justice and fairness of the pro- 
 ceedings of Tuesday night, it is furnished in this array 
 of names, the most respectable and inffuential in the 
 city. That the Committee did not sit with closed 
 doors for any sinister purpose will likewise be evident 
 from this voluntary publication." 
 
CORONER'S JURY. 
 
 239 
 
 At the coroner's inquest the following verdict was 
 rendered : 
 
 " We, the jurors of a jury of inquest iinpanclled by the coroner of tlie 
 county of San Francisco to inquire into the cause of the death of one John 
 Jenkins, alias Simpton, do find, upon their oaths, that the said Jenkins, alias 
 Simpton, came to liis dcatli on the morning of the 11th of June, between the 
 hours of two and three o'clock, by violent means, by Btran<;ulation, caused by 
 bc'jg suspended by the neck with a ropo attached to the south end of the 
 adol>o building on the plaza, at the hands of, and in pursuance of a precon- 
 certed action on the part of an association of citizens, styling themselves a 
 Committee of Vigilance, of whom the following members are iuiTiiicated by 
 direct testimony, to wit: Capt. Edgar Wakeman, Wm. H. Joncs, James C. 
 Ward, Edward A. King, T. K. Battelle, Benj. Reynolds, J. S. Eagan, J. C. 
 Derby, and Samuel Branuan." 
 
 To which the Committee made reply: 
 
 "Ilesoived, That we, the members of the Committee of Vigilance, remark 
 with surprise the invidious verdict rendered by the coroner's jury upon their 
 inquest upon the body of Jenkins, after we have all notified the said jury and 
 the public that we are all participators in the trial and execution of said 
 Jenkins. We desire that the public will understand that Claptain E. Wake- 
 man, W. H. Jones, James C. Ward, Edward A. King, T. K. Battelle, 
 Benjamiu Reynolds, J. S. Eagan, J. C. Derby, and Sam'l Brannan, have 
 been unnecessarily picked from our number, as the coroner's jury have had 
 full evidence of the fact that all the undersigned have been equally impli- 
 cated, and are equally responsible with their above named associates. " 
 
 This was signed by one hundred and eighty mem- 
 bers of the Committee, and published in the pubUc 
 journals of the day. 
 
CHAPTER XVI. 
 
 THE SAN FRANCISCO EXECUTIVE COMMITTEE OF 1851. 
 
 Solid men of Boston, Ijanish long potations; 
 Solid men of Boston, make no long orations. 
 
 Morris. 
 
 The association was admirably systematized, dis- 
 playing marked ability on the part of the manage- 
 ment. Each member of the general committee, 
 whether composed of fifty, five hundred, or five 
 thousand men, knew his place, knew exactly what to 
 do when an alarm sounded ; and further than that he 
 knew nothing. He could keep well the secret which 
 was never intrusted him. He knew enough, l)ut not 
 too much; enough to direct him on all occasions what 
 to do, but not enough to enable him to question and 
 to cavil. 
 
 It was the duty of the executive committee to see 
 that every person brought before them accused of 
 crime should have a fair trial; that none should be 
 convicted upon less testimony, setting aside legal 
 technicalities and court clap-trap, than would suffice 
 to convict in any respectable court of justice. The 
 executive committee made no arrests, unless it so 
 happened that some member of irrepressible activity 
 should pick up a criminal now and then; but it was 
 their province to take cognizance of everything con- 
 nected with the association, great and small. This 
 was the central power round which all interests re- 
 volved. It was tlic inquisition, the privy council, the 
 secret spring that moved the ponderous machinery, 
 the living, thinking soul, of which the general com- 
 mittee was the body corporate. All power was lodged 
 
 (MO) 
 
ARREST AND EXAMINATION. 
 
 241 
 
 charsfcs that sliould bo brou«»:ht afjaiiiist him. 
 mifjlit tliink that a stranjfer telhii'L': his 
 
 in them; all secrets were lodged with them; all 
 orders emanated from them, and every member of 
 the association was bound to obey unquestioninfi^ly, 
 unhesitatingly, and as blindly as a common soldier 
 obeys his commanding officer. 
 
 When an "rrcst was made, the usual course was 
 iirst to confine ilio prisoner, under guard, in a room 
 or cell provided for that purpose, until an examina- 
 tion could be made. A sub-committee was then ap- 
 pointed by the executive committee to make the 
 investigation, the results of which were reported to 
 the executive committee for final action. When 
 brought before the Committee, the prisoner was first 
 examined as to his antecedents, inquiries made into 
 his present life, and then investigations 'nade of any 
 
 ■ One 
 
 own story 
 could deceive at pleasure. But tliis was not so easily 
 done. Xo one was arrested except for some cause. 
 Before and after the arrest all information possiblu 
 concerning the culprit was obtained and laid before 
 the Committee. The prisoner was unaware what his 
 inquisitors knew or diil not know; an<l with a scf>re 
 or two of sharp eyes upon him, he felt neither com- 
 fort nor confidence in his lying. After the trial and 
 conviction of a criminal by the executive committee 
 the case was referred for approval and confirmation 
 to the ijeneral connnittee, who almost invariablv 
 confirmed the decision of the executive committee . 
 Often a tale of innocence such as an angel might, 
 tell was interrupted with questions like these: " My 
 good man, do you not know there is net a word of 
 truth in what you are saying? Do you not know 
 that you were put on board the Susan Wright, bound 
 for Australia, the I3th of September, 1843, in irons» 
 and that you came to California with money stolen 
 at Hobart Town? Do you not know that on the 
 night of the fire, the 4th of May, you were in tlio 
 Magnolia saloon, and not at San Josd, as you have 
 
 Pop. Tbib., Vol. I. 10 
 
1242 
 
 THE EXECUTIVE COMMITTEE OF 1851. 
 
 said? Unless, sir, you can speak the truth, you will 
 be sent back to your cell and tried on more trust- 
 worthy testimony." 
 
 The records of the executive committee begin 
 with the 10th of June, with Samuel Brannan as 
 chairman and David S. Turner secretary. At this 
 meeting it was ordered that the captains of the night 
 patrol be vested with full powers by the executive 
 committee to act as they might see fit; and further, 
 to have the privilege of choosing for the guard such 
 men from the general committee as they should please; 
 iind that the said captains of patrol should be in- 
 structed to keep all information they might acijuiro 
 during the night a profound secret pending the action 
 of the executive committee to make it known to the 
 general committee. 
 
 On motion of Wm. T. Coleman it was ordered that 
 all refreshments should ho })laced under the control oi' 
 the seru'eant-at-arms, and bv him dealt out onlv to 
 members on duty; and that spirituous licjuors for tlu' 
 use of the Committee should l)e excluded from the 
 iliuilding. It was likewi;«ie directed that the heads of 
 committees shoulil bo instructed to keep secret all in- 
 formation which mii»ht come to tlieir knowledj^e. 
 Takiny- i\w floor, ]Mr l^rannan urixed that some one 
 sliould wait Uj)on the district attorney and learn tin- 
 particulars of a certain criminal case then jK-nding, 
 and all other matteis o*' interest to the cause. This 
 measure was resolved on; and also that a committee of 
 ithree sliould wait on the mavor an<l the sheriff, asci-f 
 tain their strength, the strength of prisons, the con- 
 dition of ])risoners, and their disposition to cooperate 
 with the Committee in their work of reform. 
 
 The last entry in the first book of minutes of tlic 
 association is under date of July 4, 1851. Between 
 this date and the oj)eiiiiig of the large book of pro 
 cecdings the 17tli of September the interval is left 
 without record save on loose papers, the writing on 
 which is oftentimes half ol>l iterated. 
 
DAILY DUTIES. 
 
 243 
 
 (Ige. 
 
 pro- 
 1 left 
 
 During the most of this time, that is to say from 
 June to September, the executive committee met 
 and lield court every day. Tliere was work enougli 
 to keen them all busy. Information concerning crimes 
 and criminals came i)ouring in on them from every 
 (juartei . Individual informers and country connnittees 
 of vigilance were hourly notifving the Connnittee of 
 the whereabouts of felons who must be hunted down 
 and brought to trial. With a large, active, and en- 
 thusiastic police force constantly bringing up cases 
 ie(|uiring the most careful consideration; with the 
 rapid arrival of vessels having on board convicts and 
 (|UestionabK- characters, invtJving personal examina- 
 tion on the part of the agents or emissai'ies of the 
 association of hundnds of men and women; with live 
 or ten j»risoners on trial at one time, requiring the 
 employment of counsel, the searching for and ex- 
 amining of witnesses, the taking of testimony and 
 receiving and recording confessions, of which cjass of 
 ilocuments the archives of the association are largely 
 composed; with an occasional hanging to be done, 
 and a constant shipping away of those so sentenced 
 iy the Connnittee — securing their passage, and laising 
 tlie money to pay it, and attending them beyond the 
 (Jolden Gate; with the watching of judges, and the 
 proceedings of courts of justice; with five hundred 
 imjiatient members to satisfy, who were always eager 
 tor something to be done; with the settling of differ- 
 ences of oj)inion anu)ng themselves, and the general 
 and particular care of the workings of the new and 
 strange machinery- with all this and nuich more, 1 
 >ay, these judges had work enough to do in the 
 conscientious execution of their self-imposed duties. 
 
 It was ordered at the meeting of the executive 
 (•onnnittee the I7th of June that some [)lan of j)ro- 
 ceeding should be adopted as to the disposition of 
 those ordeied to leave. They resolved likewise to 
 watch the proceedings of the trial of a noted burglar. 
 Thi> next meeting directed the chief of police to bring 
 
MA 
 
 THE EXECUTIVE COMMITIEE OF 1851. 
 
 before the Committee one under sentence of banish- 
 ment, to hear what he had to say in his defence. The 
 testimony was very lengthy, occupying the Com- 
 mittee more than five hours. It was all taken down 
 by the secretary and filed with the other papers in 
 the case. The evidence thus far was rather against 
 him, and his case was continued. Meanwhile the 
 June fire occurred, and the wrath of the citizens 
 waxed hot against the supposed incendiaries. The 
 executive committee offered a reward of five thou- 
 sand dollars for the delivery into their power, with 
 evidence sufficient to convict, of any person guilty of 
 the crime of arson. 
 
 It well became the officers of the law during the 
 movement of 1851 to treat the Vigilance Committee 
 with profoun<l respect. So heartily were the people 
 in sympathy with the organization that there was 
 little sentiment wasted on the rights and divinity 
 of law. The men of law were watched as doselv bv 
 the rciorniers as were the lawless, and the higher the 
 seat of corruption the sooner was It assailed. Woe, 
 then, to him of evil conscience; be he sheriff', judge, 
 or governor, his sins shall not go unpunished ! 
 
 The sum of ^wq hundred dollars was voted the 
 captain of police, the 1st of Jul}', for secret service 
 money. At the same time inquiry was to be made 
 into the manner of the arrest of a negro by an oflficer 
 of the law. The business transacted by the Com- 
 mittee the 2d of July was as follows : Being informed 
 by Captain ^IcGowan, of the revenue cutter, of the 
 arrival of the bark John Potter from Sydney, a com- 
 mittee of five was appointed to visit the vessel and 
 report. Communications, one from the Committee of 
 Vigilance of Santa Clara, another about a robbery, 
 another from the Vigilance Committee of Marysvillc 
 in regard to the Jansen affair, were read and acted on. 
 Captain White, of the brig CameOy bound for Sydney 
 direct, informed the Committee that he was ready to 
 take with him any scoundrels they might wish to 
 
INTERCOURSE OF MEMBERS. 
 
 245 
 
 send, at the rate of one hundred dollars each. Ho 
 promised likewise to give bonds for their safe delivery 
 at Sydney or Hobart Town. 
 
 It was hardly to be supposed, as humanity is con- 
 structed, that so many men of nervous energy, of 
 independent thought and pronounced ideas, sliDuld 
 not differ warmly in their opinions on occasions; in 
 other words, that they should never quarrel. The 
 wonder is that they could hold together at all; that 
 the mercury in their natures should so marry the 
 metal of their minds as to form a solid ball of amal- 
 gam which no infelicities of temper could dissipate. 
 Indeed their quarrels were never anything but chil- 
 (Inii's quarrels. So deep was their respect for each 
 otl;er, so impressed were they with the importance 
 of their undertaking, and so earnest in their purpose, 
 that self was swallowed in the common cause, and 
 ])orsonal pride and pique were but the momentary 
 stinging of a gnat. In their high purpose, then, 
 I say, they were men ; in their disagreements, 
 cliildren. 
 
 In July, 1851, Mr Brannan sent in his resignation, 
 both as president of the association and as member of 
 the executive connnittec. It seems that some sharp 
 words had passed between him and ^IcDuffic, ser- 
 geant-at-arms. As I have said, ^Ir Brannan was just 
 the man to incite a revolution, but he was not the 
 man to conduct one. The shot of determinate purpose 
 once fired from his brain, like Nelson at Copenhagen 
 ^\itll his blind eye to the telescope, he would not 
 sec the signal of retreat. There were better men 
 tlian Brannan for president: there were fifty as good 
 as IMcDuffie for sergeant -at -arms. Yet these were 
 Itoth good and true men in the present emergency. 
 Tlie cause owed much to Mr Brannan; and that it 
 needed him less now was not sufficient reason, in the 
 eyes of his associates, that he should be sacrificed to 
 his own irascibihty. So a committee was appointed 
 to heal the feud between the officers; and sucli. w itli 
 
24fi 
 
 THE EXECUTIVE COMMITTEE OF 18.J1. 
 
 1)ut few exceptions, was the qualit}' of magnanimity 
 manifested by these men througliout their entire in- 
 tercourse. 
 
 Pavran was of this Committee one of the leading 
 s[)irits. He was a man of dignity and courage, and 
 ready ahke with tongue or pen. lie liad heen a copy- 
 ist in Phihidel[>hia, and took down testimony rapidly 
 and easily. The following incident illustrates at once 
 his character, and the method, or rather the lack of 
 method, (.'niployed by the vigilants in the execution 
 of their commissions: 
 
 It ha[)pened that a poor woman who had adopted 
 a young tilrl, then about ten vears of age, and was 
 striving as best she mi<'ht to rear her chariife virtu- 
 ously, one day rushed t(t the eommittee rooms and 
 entered an a])peal which moved the hearts of all 
 present. Certain former associates of the child's 
 mother ha<l just then abducted the girl from hir 
 guardian and had hurried her oft' to Marysvillc, there 
 to be eventually em[)lovecl, as the woman was assured, 
 for vile [)urposc's. Pavran asked to be ap})ointecl a 
 eommittee of one to recover the child. 
 
 " But what can one do^" asked a niend)er of the 
 Committee. "Marysvillc, as yon are well aware, is 
 ruled entirely l>y the roughs, of whom the local com- 
 mittee themselves stand in awe." 
 
 " Nevertheless, 1 will go," said Payraii. "All I 
 ask is the authority of this board." 
 
 " That you most assui'cdly have," replied the Com- 
 mittee-man; a sentiment which his fellow-mendiers 
 immediately continned. " But beware I there is danger 
 in it; the child was not taken to be given up for the 
 asking." 
 
 " Trust me," said Paj'ran. Arrived at iMarysville, 
 accompanied by the woman for purposes of proof and 
 identiHcation, he soon ascertained the whereabouts* 
 of the child. Without clis(X)vering himself to its ab- 
 ductors, he went (juietly round among the prominent 
 citizens of the place, stated the circumstances, and 
 
PAYRAX AND WOODWORTII. 
 
 '247 
 
 informed thoin of his dotcrini nation. They warnud 
 him that, even if successful, his hfe sooner or hiter 
 must be paid as tlie price of his temerity. Assistance 
 was volunteered, but not sufficient for the purpt)se. 
 The authorities were, more than elsewiiere, pusillani- 
 mous. What was to be done ? Must lie return baffled, 
 to his associates, his expi'cssed assurance of success 
 an idle boast? Never I at all events not alive. 
 
 Most opportunely, after a discoura^inn,^ day, at the 
 hotel where he was sto[)pin<jf there ai'rived some 
 twenty miners, long, lusty I'ell )ws, with bi<^ hearts 
 and bushy heads, en route for home. 
 
 It was just the material lor the [>urpose. Returnint^ 
 to eivilization in the heyday of success, their muscles 
 well strung', their hearts jjHable, and their (^motions 
 easily excited, to those twentv rou<»;h diiXLTcrs Pavran 
 had but to state the object of his mission, when twenty 
 bii;- round oatlis ple(i,i»'ed twenty honest lives to sniMsh 
 the t(»wn, if necessary; at all events to sim.' Pay ran 
 tliroui*'h. Just liefore the boat was ready to ^;tart 
 they sliouldered their packs, and demanded to be 
 shown the child. Proceeding in a body to the house 
 in which the girl was staying, Pavran and the 
 woman enten'd, and after some trouble smceeded in 
 getting the giil to the door. Then each man drawing 
 his revolver, they formed a hollow square, with the 
 Woman and hei' child in the centre. So they all 
 niarclunl down to the boat; and there wt)uld have 
 been hot and lively times in ^larysville that day had 
 any ])ersons Interfered. 
 
 Selim WiKxlwortli was more than man in some 
 thini^s and less than man in others. In certain di- 
 rections he seemed inspired with superhuman instincts 
 and superhuman energy, while in other ([uarters ho. 
 was but a bov. He was eminentlv a Lr<><>d fellow, 
 ojjcn of heart and countenance, and of tender sensi- 
 bilities — not exactly the material one would expect in 
 the captain of a band of stranglers — and it was these 
 qualities, perhaps, that gave him that air of boyishness 
 
248 
 
 THE EXECUTIVE COMMITTEE OF 1851. 
 
 which might easily be taken for effeminacy or a nature 
 trifling. But when it came to duty, suddenly all non- 
 sense disappeared, and strength and courage came in 
 all the glorious perfections of developed manhood. In 
 money matters he was the soul of honor. He hud 
 much trouble with the squatters, who persisted, like 
 flies about a carcass, in settling on a lot which he 
 owned where the Grand Hotel later stood. 
 
 Gcrritt W. Ryckman, the third president of the 
 association, was from Albany, New York. He came 
 to California in the steamer l/nicoi'u, arriving at San 
 Francisco the 30th October, 1849. I never saw in 
 any human being such reckless indifference to con- 
 sequences in regard to the penalties to which he 
 subjectea himself in participating in such a move- 
 ment as was manifest in Ryckman. He was well 
 advanced in vears when I first saw him; and though 
 his voice was often tremulous in our conversations, 
 his whole frame shook with indignant energy when 
 he talked of the threats and intimidations which were 
 constantly thrown at him. He possessed a wonderful 
 faculty for gaining the confidence of the accused, of 
 winning them over to make a free confession of tiieir 
 guilt, and that without committing himself by promise 
 of pardon or otherwise. The very frankness of his 
 deep determination was contagious. "I will tell you, 
 Mr Ryckman," said one poor fellow to him, " for I know 
 you will do right; but all hell couldn't open my mouth 
 to those others." His very presence inspired faith 
 and invited confidence. His broad face and truthful 
 searching eye; his features, massive with weighty 
 purpose and benignant rectitude; his voice low, kind, 
 but resolute ; his step, his bearing, all were indicative 
 of candor, singleness of heart, and conscientiousness, 
 obdurate, but sympathetic and unsinful. Thus it was 
 that, while he hanged these men, they not only feared 
 and respected him, but they almost loved him. If 
 Mr Ryckman had the say about it, they felt in some 
 way they would be freed; and yet this kind inquisitor 
 
OERRITT W. RYCKMAN. 
 
 240 
 
 of theirs was usually the first to tell them they de- 
 served to hang, and should be hanged. 
 
 Often a friendly criminal has warned him: ** Have 
 a care, Mr Ryckman; keep your house at night, and 
 take the middle of tho street when you walk to it; 
 there are more than one in this town who have sworn 
 to kill you." "Do not be troubled," he would reply; 
 " I have no fear. There is not one of them would 
 kill me if he could. I know it; and I would trust my 
 life as freely among them as elsewhere. They know 
 that what I do is right; that I bear them no malice; 
 that I would do every one of them good; but they 
 must stop stealing, and burning, and butchering, or I 
 shall stop their breath as sure as God made me." 
 
 Ryckman's method of interviewing prisoners is 
 worthy of notice. Throwing into his manner an air 
 of confidential yet dignified familiarity, he approached 
 the culprit and opened tho conversation with what- 
 ever topic he judged might lie nearest the hearer's 
 lieart. He would ask him of his former days, of his 
 birth, parentage, and childhood ; of his struggles with 
 fi)rtune, his successes, his failures; of his companions, 
 his loves, and hates. Had he a wife, or children? 
 when did he come to California, and what business 
 (lid he first engage in here? what led him to a life of 
 crime, and who were his associates? Accompanying 
 liis skilful probing with that soothing sympathy which 
 was in truth part of his nature, bc^fore he had pro- 
 ceeded fiir, the poor, bruised, heart-broken wretch was 
 ready, nay eager, to tell him all. Miglit not this 
 l»luft' but kind-hearted old man become his friend? 
 might he not help him in his sore distress^ might he 
 not save him, at least from death? No bad man 
 thinks himself so bad as to be utterly unworthy of 
 sympathy and assistance. How they would beseech 
 him and cling to him for these! And when lie offered 
 to write to friends, to forward money or- effects, to 
 perform any act of Christian charity — which commis- 
 sions were always executed to the letter — brute cour- 
 
3S0 
 
 THK KXRCrnVK COMMITTKK OF ISr.l. 
 
 aj(c' and bravadci, if indeed tlu^v l»ad held out m<i loiijjj, 
 ^ave way, and the abandoned of his fellows often wept 
 like a child. So, too, almost eviry one condemned, 
 when he saw the chain of testimony was so complete 
 against him, confessed and signed his confession. 
 
 While in active service ^lr Ryckman devoted al- 
 most his entire time to the work of the C'ommittee. 
 During the nine months from the first of Juno he 
 devoted scarcely five full days to his own j)riviite 
 business. More than once he was dogged about the 
 streets by those who had threatened to assassinate 
 him, but he never was for a moment off' his guard. 
 Sometimes he would walk straight up to the scoun- 
 drels and warn them to leave the city instantly, and 
 they usually obeyed. They were much more afraid 
 of him than was he of them. He had a way of dis- 
 guising himself and mingling with them, and then 
 suddi lily discovering himself. 
 
 Mr liyckman did not regard the new organization 
 in 185(! with favor. Perhaps a tinge of jealousy col- 
 ored its character in his eyes. Or it may be, lilce 
 Robespierre, his willingness to participate in capital 
 punishments increased with age. But society had 
 changed since 1851, and in I Haft a new element, with 
 new leaders, marshalled to the front. "The Vigilance 
 Committee of '5G assumed to be the vigilance of '51," 
 he said to me one day, "but it was not. They came to 
 me to join them and bring the old colors, but I would 
 do neither. I went down to one of their meetings, and 
 I told them they needed some one to govern them 
 instead of their assuming the jjovcrnment of others. 
 I got out of patience with their silky, milky way 
 of managing Terry's case. He ought to have been 
 hanged. I rebuked Coleman very, severely for some 
 timid act in the '5G Committee." 
 
 Mr Isjiac Bluxome junior possessed a warm heart 
 and most genial disposition. Amidst an assembly of 
 jovial companions, his face beaming with good humor 
 and the fun-wrinkles radiating from his eyes, he was 
 
ISAAC BLUXOMK. 
 
 251 
 
 the liist person a stranjLJt!!' would take for a ' sti'ant^lor/ 
 UH they of law and order delighted to call the men of 
 vij^ilance. Maliee was a stranger to iiis heart; no 
 hatred toward his fellow-men was harhored in his 
 hreast. In all that solenm assembly of resolute men 
 there was not one who in sincere pity for the poor 
 fellow about to suffer lor his crinujs excelled him 
 whose duty it was to write the death-warrant. 
 
 I knew him well, ^lany an evening have T sat 
 and listened far into the night to his graphic descrip- 
 tion of those most stirring days; at which times his 
 whole being seemed ablaze with brilliant memories. 
 All! when one's very self is staked on high achieve- 
 ment, and one lives to see the unselHsh effort an 
 accomplished fact, who would wish to smother the 
 glow of proud enthusiasm that follows I 
 
 I say that Bluxome was the high-[)i'iest of good 
 fellows, for I have tasted his eom[)anionsliip. But this 
 was not the dominant (juality of his character. His 
 whole nature was instinct with stubborn rectitude. 
 Althougli there nevei' Ilitted in my presence one 
 gleam t)f vindictiven;3ss across his features, I have 
 seen at some cloudy rememljrance tlie Hush of min- 
 gled pride and pleasure fade from the face, and the 
 glow of kindly fire sink from the outer eye into some 
 unknown depths within, and in their place a fixed 
 and solid stare of inexorable purpose, such as would 
 palsy the tongue of any guilty suppliant. ^lore than 
 life lie loved the right, and he alone who sacrilegiously 
 offended it he accounted his enemy. Yet in arriving 
 at conclusions he was most cool, most compassionate. 
 He would not be hurried in forming an opinion. Said 
 a hot-headed member to him (^nc day : " Bluxome, you 
 are on the off side of everything. I believe you are 
 afraid to hang a man !" " Sir," was the reply, " my seat 
 is always at the disposal of this Committee; but while 
 I occupy it, the man does not live who by fair speech 
 or innuendo can move me one hair's breadth from 
 what I deem my duty." 
 
THE EXECUTIVE COMMITTEE OF 1851. 
 
 At the time of the first Committee he was younj^, 
 ardent, active. Now you would find him acting in 
 his official capacity, then off on some thief- hunting 
 expedition, or on board a newly arrived vessel ex- 
 amining the passengers, and again looking after the 
 detail of his ponderous knave-destroying machinery, 
 and to the comfort of his associates. Says quaint old 
 President Payran: "Our worthy secretary,!. Bluxorae 
 junior, has given much time and attention to the re- 
 arrangement of our committee rooms; to him the 
 sub-committee feel much indebted, and recommend 
 that the thanks of the executive committee be ten- 
 dered him." Bluxome was an efficient member of 
 the Committee before he was chosen secretary. The 
 multitude of complaints made before the Committee 
 by all sorts of persons required much time and great 
 discrimination in the disposal of them. The large 
 mass of evidence drawn from witnesses in their ex- 
 aminations, and from officers and members on duty, 
 A\liich I liave been compelled to examine, tlirows much 
 light on the spirit and intent of the association ; wliilo 
 the reports of special committees, descriptions <•!' un- 
 caught felons, and the confessions of prisoners sliow 
 with what zeal and conscientic^usness the executive 
 committee performed their duties. Often the name 
 of each member of a disreputable family was ascer- 
 tained, and the age and personal appeai'ance of sus- 
 pected individuals were kept constantly befon; the 
 eyes of the vigilant detectives. The plaices of resort 
 of everv notable offender were known to tlie Com- 
 mittee, their habits were studied, and their move- 
 ments watched, so that they might be forthcoming 
 when wanted. 
 
 During the ]ieriod from the organization of the 
 Committee in June, 1851, till the 30th of June, 18.')2, 
 under which date the last entry is made in the book 
 of proceedings, there was constant communication 
 with country committees, and a general watchfulness 
 maintained in every quarter. Suits and demands for 
 
PROCEEDINGS. 
 
 he 
 
 )2, 
 )ok 
 ion 
 
 CSS 
 
 for 
 
 dainaj^es and reclamations were instituted, to defend 
 wliich t)io ablest counsel was employed. To atteni|)t 
 the punishment of one of the mcnihers of the Coni- 
 niittec, as sueli, was to < )ffeud all. It made no ( Hlferonce 
 a,i,'ainst whom the suit was brought, if its oiiL,^in was 
 ihrousfli aiiv act of the Connnittee, or of any member 
 authorized so to act, the cause was made common, and 
 all ex[)(nses of defence or damages were defrayed by 
 tlie Committee. Neither was there over any attcnipt 
 in matters personal t<^ the (^ommittee to disregai'ii the 
 law, or to trivit the mandates of the courts with in- 
 dilference or contempt. The ( "ommittoL' fully I'econ"- 
 nized the sovereiLMitv of law in the settlement of iill 
 disputes; it was only in criminal cases, of interest 
 alil.e to every memb(n- of society, that the Connnittee 
 tool; cognizance. 
 
 While till' ablest members of the legal iVaternily 
 were unable, oi' alfected to be unabh', to comprehend 
 the sc()}>e and s[)irit of the Conunitt(je, it is hardly to 
 be wondered that the more sim[>)e-minded should so 
 far mistake its meaning as to look Ibi- miracles. Xuni- 
 berless wei'c the instances of application for rcdre.vs 
 w hich would have balUed the soUaie credulity oi' J.)on 
 (Quixote. It would seem there had arisen a tribunal 
 that should right every wi'ong, heal wounded spirits, 
 and minister to minds diseased. One applied to have 
 a squatter driven olf his lot ; anoiher wanted a doctor 
 hanged for poisoning a j>'.iient with medicine;; a dozen 
 asked to have their debis coll(>cted; and one wrpte 
 from .^^okelumne Hill, furious at a certain .lames 
 Wat kins, whom he regarded a lit subject for treat- 
 ment bv the Committee because he had insulted his 
 wife: 
 
 At a general meeting held in July, I Hal, it was 
 a'-reod that thereaftv'* the i»-eneral connnittee should 
 convene the tirst ^[ondays of March and September 
 in each year, and at such other times as they should 
 he called together by two taps of the bell, or by j)ub- 
 llshed notice signed by the president and secretary 
 
It 
 
 
 THE EXECUTIVE COMMITTEE OF 1851. 
 
 of the executive committee. No person whose dues 
 were in arrears twenty days should be entitled to 
 admission. The executive committee should have 
 j)()wer to order and make arrests; to levy assess- 
 ments; to make or change by-laws; to appoint officers; 
 to try prisoners. All testimony at trials must bo 
 taken in writing, and a .synopsis of it read at tlie first 
 general meeting. Such testimony, or any other paper 
 or book belonginfj to the Committee, should not be 
 mutilated or destroyed, but placed in the hands of 
 the secretary for preservation. 
 
 ill 
 
CHAPTER XVII. 
 
 VIGILANCE BECOMES A POWER. 
 
 God gives manliood but one clew to success, — utter and exact justice; 
 tliat lie guarantees shall be always expediency. 
 
 Wendell PIMlps. 
 
 Silently the self-protective force, lonijj clonnaiit in 
 the hody s u-iul, now drew round the rooms of the 
 Vigilance C-oininittee the order-loving [)eople of San 
 Francisco. Tlie action of crime upon progressional 
 industry had jiroduced a friction, of which was en- 
 
 geiu ^ I* ! an electrical movement as natural and subtle 
 as any itisplayed hy the contendinji;' forces that play 
 upon the destinies of matter. The afHnitii's and 
 affiliations inherent in elemental |)articles throughout 
 the universe were manifest in this U])rising, and as 
 well might puny man ho])e to arrest the moNcment 
 of heavenly bodies by the enactment of laws antago- 
 nistic to the primary laws of attraction and repulsion 
 as to stitle the natui'al im])ulses of a crime -ridden 
 people by an appeal to the sacredness of statutes. 
 
 Although the law in this instance was comfortably 
 tractable and well behavi-d, there was not lacking that 
 healthful op})osition which in social dynamics con- 
 stitutes the true strength of every reformatory move- 
 ment. A religious reformation or a political revoluticju 
 without opposition, were such a thing possil)Ie, would 
 be a tame atJ'aii-. In the war on evil, as in all war, 
 the str(>ngth of the reformatory party is in some de- 
 gree measured by the strength of the opposition; <Iuit 
 is to say, in the upheavals of society the strength 
 employed by the overturning element is in j)roportion 
 to the force to be overturned. Tliere was here just 
 
 (255) 
 
i i 
 
 » ■ 
 
 
 mt VIGILANCE BKCOMKS A POWER. 
 
 enougli of strength in the law, and in the noisy qimxi 
 prfttectors of the (hgnity of law, to hand the peojde 
 Himly and cause them to w^alk warily. 
 
 It was an unusual siglit, the (luirt midnight triiil 
 and execution of Jenkins, half the city asleep wliilc 
 the other half were rallying to the assistance of im- 
 potent law. It can hardly he laid to their charge that 
 they acted hastily, or in a vengeful or hlood-thirsty 
 manner. 1'wvnty lives and millions of property had 
 been destn^yed at the last tire, which was only one >A' 
 the nuiuy successful attempts of these hold villains to 
 burn the young city, and ruin the industries and com- 
 merce of its inhabitants. One or the other now nnist 
 rule; one or the other must now retina. Long and 
 patiently th(>v liad waited on law, but law brought 
 them no relief. A eommitt(>e of [)ul»lic safiity was 
 demanded by the j)eople, and the\ wlio iianged Jenkins 
 were earnestly i-i'(juested not to st()[> tiiere, but to 
 follow uj) the work so well begun. The necessity 
 whi<"h compelh'd the {\^h'A to be dcMie in darkness was 
 deplored, imt th*; proceedings were fully justified hv 
 the j>ress and the ])eo]>le. A lai'ge mass-meeting was 
 hekl on the plaza tln^ night following, in which the 
 citizens warv. urged to enroll themselves into a oom- 
 mitt(>e of safety, and thi> [)roceedings of the night pre- 
 vious were ratified. Tct anoiher nK;vting was held the 
 next night, more boisterous than the former. The 
 opposition at one time gained possession o^' the stan<l, 
 but in their turn were drivijin from it by the reformers. 
 There was nuich needl(»ss speech-making an<;l seutiiing, 
 and tlie proceiMbnirs were not reo'arded with favor bv 
 the lo\'ers of ht,'altliy reform. 
 
 These two demonstratyions of popular unrest were 
 without (umcerted aim or defined itction. The lirst 
 was held on WednescUiy evening, and a<ljourne'd to 
 the following aft(n'noon. Hotli were larg"ly atten<led. 
 Various opiuioi'N wei'e (ixpr'e.s.seil as to the latt> sum- 
 mary j)rocee( lings, l>ut there was a large majority in 
 favor of su.staininiif the action of tlu; Committee. At 
 
THE ROWDY ELEMENT. 
 
 2.-.7 
 
 tliesu gatherings David C Brcxlevick, hacked hy his 
 rough retainers, appeared as the champion ol' law and 
 order. The vigilant party attempted to otter resolu- 
 tions in support of the movement, whicli l^rodorick 
 determined to defeat. There was hut one way to 
 accomplish the ])urpose, whicli was to hreak up the 
 assemhly; and Ih'oderick did not for a moment hesi- 
 tate to resort to such means. Once, wlien the ayes 
 and noes were called, tlie J»j'od<-i"ick ])arty claimed the 
 vote, which being justly denit-d them, they made a 
 lush at the speaker's stand, ami raised a great uproar. 
 Such meetings were wholly uncalled for, and could 
 not well be jtroductive of beneficial results. Tliey 
 were com[)osed of that j)art of the p(»[tulation through 
 wlios-e dull l)rain tin; idea was just now finding its way 
 that somethino' must be done. Ei'-'ht thousand such 
 a|){>eared, who listened open-nioutlu'd to the rantings 
 <>1' demagogues, .vliile the Vig'danco Connnittee, tlie 
 real power, sjaietly kept its own counselj and ])ursued 
 its own way. Tlie cmduct of tlio opposition, howev(,'[-, 
 ' "fibred vet another illustrutioji of their ?uanv para- 
 I lexical vvays, wherein thev Jioltl to one doctrine and 
 iiet another. It is the privilege of a, free people tn 
 gn an<l come at pleasure, to scatter abroad, (tr to cen- 
 •nvLjate in such i)lace and numbers as thev deem fit ; 
 and so long as neither treason nor violence is in- 
 ihilged in. ui'ither magistrate nor [lolice ca?: prevent 
 ihem. .\gain and again tin' men of law backed tluir 
 aiiiuments a«j;aiust lawlessness by lawless dei'ds; and 
 if, b}' v'le hard practical sense of tiie great unsanctified,. 
 their vvind-bags of logic were pricked, a martyr's woe 
 tlou'iated their visaire. 
 
 While the trial of Jenkins was yet in progress 
 luany of the best men stepped forward and enrolled 
 themselves members of the association, and after his 
 «;xocution the numbers rapidly swelled. On the 11th 
 of .Tune the Vigilance Committee did not number 
 • >ver one hundred, but immediately after its nund)ers 
 iticreased t(» fi\e lujudred, one hundred c»f whom were, 
 
 Poi'. TuiH , Vol.. I. 1" 
 
1258 
 
 VIGILANCE BECOMES A POWER. 
 
 Oil duty day and night. The orgaaization was com- 
 plete and effective; their purpc-se was pursued noise- 
 lessl}'^ and thoroughly. A fortnight had not elapsed 
 before an entire change was noticed in the state of 
 society. The arm of crime was palsied; an invisible 
 not-work was woven round evil-doers. The vigilance 
 of this new-born justice was sleepless; its jurisdiction 
 extended to all classes and crimes and its agents were 
 silent and ubiquitous. Frequent meetings were held, 
 in which work was ufiven out, and no scoundrel miLrhl 
 know when a member of the association was at liis 
 elbow. Cool circums[)ection, earnestness, and energy 
 <;Iiafacterized all the movements of the Committee. 
 Facts coiiceniing criminals were entered as collected 
 in a book ke|>t for that purpose. Among other good 
 ■works, the Committee undertook to complete tin* 
 county prison then in progress of construction, but 
 delayed for want of funds. Each of the five hundi'ecl 
 mend)ers was made responsible for the collection of' 
 thirty dollars, thus securing instantly the fifteen 
 thousand dollars lacking to finish the building. 
 
 Meanwhile inunigration continued to [)our in the bad 
 #'lfment, and ■ ro long rascality began again to lift its 
 \h-,u\. CoM l);i/f not yet been discovered in Australia, 
 and wiieu the fanx' of Califo)'nia reached those sliores 
 e\ury effort was mad*- to escape i'rom the penal colo 
 nies of (Ireat Jh-itain. SI ii[» masters were ready t<> 
 take any who would [)ay. Many who had no mean> 
 .shipped as sailoi's, and on airival escaj)ed; and so i»y 
 divers ways hordes managed to com*'. Sydneytown 
 was now watched by day and patrolli-d by night, ainl 
 tlie j)assengers and crews of newly arrived vesseK 
 we.e carefully examined. A ship hatl arrived eai'l\ 
 in May with a large load of convicts, some of them 
 with shaved heads. The craft had no port clearan* e. 
 which indicated that her passengers were suiuggl< d 
 on board. The Conmiittee determined to put an eml 
 to such traffic. 
 
UNDESIRABLE IMMIGRATION. 
 
 2o9 
 
 In the California Courier of June IGth the editor 
 writes : 
 
 "All our information from Sydney and other British colonics in the 
 Vacifio informs us that a general disposition exists to prevent further coloni- 
 zation there of the convicts of Great Britain, and to rid themselves of those 
 already in the colonies. C)\ving to this feeling great willingness exists on the 
 part of the public autlioi'ities uf those colonies to aid iik the trau8]>ortation of 
 tliat class of puoph.*, and as California ofi'ers the most tempting inducements 
 for these convicts to expatriate themselves, we are likely to get tlie luavicst 
 portion of this most degraded population. If the British colonics of the 
 Pacific are to lie simply tiio place where the convicts fronj Great Britain are 
 to 1)0 temporarily di.scm harked, merely to be reshipped to this part of the 
 United Stat(33, (.'alifornia will in the future become the B(jtany liay for all 
 liiT criminal population. The emigration from Sydney during the past month 
 t 1 California has exceeded in number the emigration from all the Atlantic 
 Ntates of this Uinon for the same period. This i.i not a declaration made at 
 random, but is made from actual arrivals at- this l>ort, and tliis population is 
 likely to increase monthly to an extent ecjual to the past mouth. Evidently 
 licretofore they have been able to burn down the city over our hcad-s some 
 four or live times, destroying some thirty lives and property to the amount of 
 at least .?2,0{X),()00. When caught, through their accomplices, they have suc- 
 '•cedod in swearing through the courts, toajjain nin at large, and rojieat their 
 deeds of darkness and crime with ecpial avidity and boldness. They arc 
 organized into gangs, and have their regular stores, hiding-i>laces, and out- 
 posts. We caiuiot resist them by the .slov.- process of law. We nnist, 
 therefore, when Me catch tnem committing burglary, theft, murder, ur arson, 
 iiang them up. If California is to be selected by Great Britain and her 
 Ih'itis colonies as the habitation of her convicts, we will soon teach her and 
 licr dependencies that they are mistaken." 
 
 The bark Cliicf entered the luirboi" of San Fran- 
 cisco tlie 14th of June with fifteen passenger.s from 
 Sydney. Only one liad a eertificate from tlie Ameri- 
 can consul, and the rest were believed to ])e convicts. 
 (^l)jections wore made to their landing, but certain 
 I'espectable citizens vouched for them, and they were 
 permitted to come ashore. The next day a vessel 
 arrived witlv five passenjjjers, four of whom were 
 women. Even the cfrim-visaffcd tribunal in those 
 days was too gallant to raise its front against un- 
 l»rotected woman, though she were a little tainted. 
 Skirted humanity was then too scarce to deny it 
 entrance on the ground of badness; so the Sydney 
 sisters were permitted to land. But much as the 
 
200 
 
 vigila\(;e BECo^rEs a power. 
 
 It i 
 
 c'tnuitiy needed the salt of women, u little of such 
 seasoning went far. Some of the conviets thus ar- 
 rivin;^ had even been ;.^rauted their liberty on condi- 
 tion that they would leave those parts and not return 
 to England. As we have seen, the Conunittee now 
 assumed a permanent character. The duties of mem- 
 bers, tlie times ,>f meeting, the order of proceedings, 
 and the crimes of wliieh it was to take cognizanee, 
 wei-e more d..imed. Theft and murder occupied its 
 chief attention, l»nt idlers and suspected persons were 
 narrowly watelied. For a time the one hundivd 
 mend)ei's mentioned were sufficient in the field; and 
 these spent day and ni<;ht ]uintin<.c criminals, ferretinu; 
 infamy, in((uiring into the character and jturpose of 
 sus[ticious-looking persons, and bringing tliem before 
 tlie dread tribunid, whicji coiiM be convened at any 
 moment for any [)urpose by the signal -bell, stroke. 
 Puuisliments were gi'aduated according to the offence. 
 To the accused was always granted a trial if he desired 
 it, but notices to quit were sometimes given on well- 
 gi'ounded suspicion. The words employed on such 
 occasions were laconic, but most significant — thus: 
 
 " Jeukmv Didleu: 
 
 " You are warned to leave the city within fiv(; days. 
 
 " Uy order of TuE Committee ok Vkiilance. 
 
 " Xo. 07, SccreCary." 
 
 If this warning was passed unheeded, the person 
 so served was arrested and shipped to Australia oi' 
 some other foreign })ort. The executive; committee 
 was neither responsible to nor hampered by any other 
 earthly [)ower; it brought its own charges, made its 
 own examinations, and executed its own decrees. 
 Through its instrumentality some were hanged, mniiy 
 were publicly whipped, and many more banished the 
 city. Thus San Francisco was for a short time almost 
 free from i)rofessional rogues and s(H)undrels. The 
 vigilant polici- boarded vessels arriving from Sydney, 
 
THE SYSTEM PERFECTED. 
 
 •261 
 
 and every passenger was sulnjected to tlie most rii^nd 
 scrutiny. On board were always respectable persons 
 enough to testify against such disreputable characters 
 as may have been their vorniKignons dc roi/otjc. 
 
 To avoid impositions, and at the same tinie to 
 secure immediate attention, all notices to quit were 
 served V)y a sub-committee of three or more members, 
 and were never sent by a messjenger or through the 
 mail. Herewith T give ii f(ic-si)ni(c of a report of the 
 Committee in a case of exile. 
 
 On one occasion in June certain so-called respect- 
 able lawyers, of perhaps not too translucent con- 
 sciences, were startled by what jnirported to be orders 
 I'lom the inquisition to leave their country for tlu ir 
 ciuintry's good. The Committee was first of all in 
 its endeavor to ferret these forgers. 
 
 If the convicts thus arrested by the Committee 
 and onlered back bv vessels ijoinfj to Australia had 
 money of their own, their fare was paid out of it b}- 
 tlie Committee. If they had any efl'ects which could 
 bc> sold, their passage money was raised in that way. 
 if j)ossessed of nothing, the CVmnnittee paid the 
 jiassage. 
 
 The Committee were anxious so far as possible to 
 avoid the taking of life, but preferred resorting to 
 l>;uiishment or minor corporal punishment as a penalty 
 lor crime. Thus during the active operations of this 
 ( ommittee there were about thirty persons, most of 
 them from Sydney or other British colonies, sent 
 from the countrv, nearly all bein*^ returned to the 
 l>laces whence they came. 
 
 The citizens of San Franchisee in their first Vigil- 
 ance Committee claimed the most perfect and power- 
 I'ul organizntion hitherto established in any ('ountry 
 lor the guarding of the public weal. It was as much 
 ;• part of their self-imposed duty to prevent the 
 coming to the country of new malefactors as to expel 
 old offenders, and this required sleepless watchfulness 
 and a detective police systematized with no small 
 
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 skill. The iv<jjular police wei'e resij^niiij^ one after 
 another from lack of pay for their services. The 
 courts needed purifying and energizing; honest judges 
 were proverbially incapable, the capable were dishon- 
 est, and it was no rare occurrence to see both knave 
 and fool written upon the face of one single oecui)anfc 
 of the judgment-seat. Legislators were likewise to 
 be reformed. In the last leufislature the San Fran- 
 cisco representatives were far below the country 
 members in honesty and intelligence. The numbers, 
 wealth, influence, and energy of the Vigilance Com- 
 mittee gave it almost unlimited power, antl to its 
 honor be it said, that power wns always used with 
 calmness, mercy, and moderation. Punishment fol- 
 lowed closely the heels of crime, and villainy and 
 vaijabon«lai;e slunk away. Some of the l)ad characters 
 sought health in the country, some turned honest 
 miners; many preferred to put leagues of ocean be- 
 tween them and this new species of justice. Tliis 
 unheard of trampling on the rights of villains, tliis 
 closing (jf their time-honored avenues of escape, this 
 overthrow of legal fogyism, and the application of 
 common-sense to the rulers of justice, was like an 
 epidemic fatal to evil-doers. Law and order, a fat 
 judiciary, and un inefficient police were to them far 
 preferable to a hand-to-hand contlict with aroused and 
 indignant virtue. 
 
 The action of the people in the executicm of Jeidvins 
 was generally sustained by the [)ress and by the i)ulpit. 
 The Reverends Wheeler and Hunt, of re[)resentative 
 churches, both preached sermons upholding the vigil- 
 ant organization. 
 
 Says the Courier the 1 7th of June: 
 
 "To show how we arc uwindlcd out of our mcuutj by rogues, and liow the 
 rogues escape punishment, we give the following instance : A man by tho 
 name of George Spiers many months since was taken up for highway robbery. 
 The recorder considered the proof sc print-blank that he committed him. 
 His case was carried before the grand jury, where ho was indicted by tho 
 clearest testimony. In fact ho was caught in tho act. His trial, however, 
 was postponed session after session, until the witnesses left the city, if not 
 
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264 
 
 VIGILANCE BECOMES A POWER. 
 
 the state. The consequence was that when he was brought up for trial there 
 was no one to testify against him. The district attorney, therefore, entered 
 in his case a nolle prosequi, and the prison doors were opened, and he left his 
 coniinenient to prey again upon the public. 
 
 "A few weeks since lie was arrested on the chai'ge of murder. He was 
 placed in confinement on the most unquestionable proof of his guilt. The late 
 grand jury, which unfortunately has been declared as illegally impanelled, 
 indicted him for murder on the most reliable evidence. But this indictment, 
 it appears, will amount to nothing. The last steamer carried away the only 
 witness who can prove his guilt and convict him of the crime of murder. Of 
 course our grand jury can never find a bill against him, and he will be per- 
 mitted to run at large again. In this way felons escape, through the law's 
 delay, to rob and murder us, and bum down ouv houses for the purpose of 
 plunder. With all these facts staring us in the face we are told that we must 
 permit the law to take its course — let criminal lawyers make from these crimi- 
 nals all they can, and give the felons opportunity to escape. We trust the 
 people will be fooled and deceived no longer, but that they will execute with- 
 out delay summary vengeance on every man the moment he is caught in the 
 act of robbing, burning houses, or murdering. By so doing we will teach all 
 public otfenders that we will visit them with immediate death, and the courts 
 that we have had enough of the law's delay." 
 
 "We should address ourselves to the task of puri- 
 fying the courts," writes the editor of the Herald the 
 same day. "Surely no new country ever exhibited 
 such a judiciary." 
 
 " It is true," says the Pacific Star of the 25th, "that 
 the power claimed and exercised by this Committee 
 may be nbused. So may all human power. The courts 
 may abuse their power; the police theirs; and yet 
 this is not a sufficient reason for withholding all power 
 from them. Our reliance is in the honesty and integ- 
 rity of the men who compose the Committee." 
 
 Again the Herald ot June 21st panegyrizes the 
 people: 
 
 "We must declare tliat never have we heard or read of an organization 
 more thoroughly effective, an association of men so grandly successful in the 
 object of their combination, as have been the Committee of Vigilance of this 
 city. Pursuing their purpose noiselessly, earnestly, and unremittingly, they 
 have effected in twelve days what the courts during the whole of their 
 existence, armed with the thunderbolts of the law, have never been able to 
 accomplish. They have palsied the hand of the assassin and the incendiary, 
 and have encircled the criminals, who publicly defied the law, with a net- work 
 from which all their efi'orts will not enable them to escape. Their vigilance 
 never sleeps. Their investigations embrace all classes. Their agents are 
 
NEW QUARTERS. 
 
 2B5 
 
 invisible and ubiquitous. The cribs wliich have been the nightly rendezvous 
 and daily lurking-places of thieves of every description are all marked, and 
 have received or will receive notice that their nefarious practices will not be 
 longer tolerated. The most notorious scoundrels are ordered to leave the 
 country, and many more are being watched for the purpose of being more 
 thoroughly detected. Criminal correspondence and connection have been 
 traced to men hitherto occupying respectable positions in society, and their 
 exposure has been delayed merely to give time for the accumulation of proof 
 or for their departure from the country. In fine the association have con- 
 ducted their measures for the protection of the public safety with a cool 
 circumspection, au earnestness, daring, and energy, that must command 
 respect and even admiration. They now number over four hundred of the 
 best men in the city. One fourth of this force is constantly on duty day and 
 night, and each particular member seems to have devoted himself to the dis- 
 charge of his duty with an enlightened zeal that has produced the most sur- 
 prising results. The testimony already collected fills a large volume, and 
 has occupied the exclusive attention of one man in transcribing. The Com- 
 mittee commenced with making a notable and severe example. It had the 
 effect of proving that they were in earnest in the prosecution of the work 
 tliey had undertaken. Since that time they have been employed in bringing 
 to light the various places of resort of the criminals still at large. A largo 
 number of these cribs, as they are called, have been discovered, and after 
 being duly warned have been closed." 
 
 It will be noticed that the editor speaks at random 
 with regard to some of his facts, but in sentiment he is 
 right. Their quarters in Brannan's buildings, corner 
 of Bush and Sansome streets, being inadequate for the 
 accommodation of their increased numbers, the Com- 
 mittee secured from Bullitt, Patrick, and Dow, the 
 upper rooms of two large frame buildings on Battery 
 street, between California and Pine streets. These 
 were thrown into one and fitted up for the meetings 
 of the general body, and separate rooms were parti- 
 tioned for the smaller committees. The cost of 
 alterations and furnishing was about one thousand 
 dollars, and the rent was four hundred dollars a month. 
 The Committee began to occupy these rooms the 1 8th 
 of June, though the carpenters did not complete their 
 work before the 25th. Of the sub-committee rooms 
 there were four, furnished with tables, speakers' desks, 
 chairs, and benches. Heavy bolts were put upon 
 the doors, bells hung, and writing material, hand- 
 
266 
 
 VIGILANCE BECOMES A POWER. 
 
 cuffs, and chains supplied. There were also sleeping- 
 places for the watchmen arranged. The 18th of 
 September, when business had fallen off materially, 
 the Committee, in order to reduce their expenses, 
 again removed to the corner of Sansome and Sacra- 
 mento streets, to the premises of John Middleton, 
 where the rent was one hundred dollars a month. In 
 these rooms matting was put upon the floors, the walls 
 were papered, and the new quarters presented quite a 
 respectable appearance. 
 
 Signals were now arranged, and a committee ap- 
 pointed to wait on the foremen of the California 
 and Monumental fire-engine companies to ask the use 
 of their bells for the purpose of calling the members 
 together, to which request cordial assent was given. 
 I shall speak at length heieafter of the committees 
 of vigilance, modelled after the San Francisco Com- 
 mittee, which were established throughout California. 
 
 At this time it was difiicult — so the defenders of 
 criminals at all events made it appear — to obtain 
 respectable jurors to sit in court cases, on the ground 
 of sympathy with the vigilance movement. From tlu3 
 stand-point of to-day it strikes one as a little singular 
 that the law should reject respectable men as jurors 
 on the ground of their sympathy with justice. More 
 particularly is the inconsistency of the thing apparent 
 when we reflect that by every blandishment the men 
 of vigilance had been urged to trust the courts, to 
 act as aids and auxiliaries to the courts, and that when 
 summoned to sit in judgment on such cases as thoy 
 did leave to the courts they were told that they could 
 not render an impartial decision. That such objections 
 were made by the defence, rather than by the prose- 
 cution, is prima fctcie evidence that the objectors 
 sought safety under cover of the law's subtleties, and 
 for further defeating the ends of justice. 
 
CHAPTER XVIII. 
 
 ENTER JAMES STUART. 
 
 The most stormy ebullitions of passion, from blasphemy to murder, are 
 less terrific than one single act of cwA villainy; a still rabies is more 
 dangerous than the paroxysms of a fever. Fear the boisterous savage of 
 passion less than the sedately grinning villain. 
 
 LavcUer. 
 
 James Stuart was a villain. A great villain. He 
 was born a villain; he achieved villainy; and if vil- 
 lainy was not thrust upon him, he had no hesitation 
 in thrusting it upon others. His childhood was in- 
 stinct with misbehavior. Every wickedness the human 
 heart is heir to has its redeeming quality. Through 
 mismanagement on the part of nature all the virtues 
 intended for use in the manufacture of James Stuart 
 fell into the composition of some other mortal. There 
 are gentle knaves and there are scurvy knaves ; James 
 Stuart was of the latter class. There are magnificent 
 scoundrels and there are mean scoundrels; James 
 Stuart belonged to the latter category. He was a 
 lusuii naturcB of the sulphurous order. His rascality 
 was of the cold and calculating kind. All men were 
 his friends, and all his foes. He would sacrifice a 
 comrade as quickly as an enemy; with the utmost 
 nonchalance he would see innocent Thomas Burdue 
 suffer agonies of torture, for crimes which he himself 
 had committed. 
 
 Often vice is only the decadence of some virtue; 
 but in James Stuart obduracy and atrocity were 
 weeds of indigenous growth. Such was the alchemy 
 of his constitution that those ennobling influences in- 
 cident to every environment, when infused in him, 
 
 (267) 
 
268 
 
 ENTER JAMES STUART. 
 
 putrefi' d and infected the atmosphere in which he 
 moved hke a disease. Socrates had his Xenophon, 
 Johnson his Boswell; but woe to the historian, aban- 
 doned of heaven, who must needs dive into the depths 
 to chronicle the deeds of this most graceless of mis- 
 creants! One becomes as tired of his malefactions as 
 were the Athenians of hearing Aristides called the 
 Just. 
 
 Between mala in se or intrinsic badness, and mala 
 prohihita or violation of conventionalisms, few make 
 proper distinction. Indeed, there are many good men 
 and women who will forgive a crime against morality 
 sooner than a violation of good breeding. For the 
 saintly caitiff hides his misbehavior beneath a fair 
 complexion; with ill-gotten gains he buys honors and 
 influence, and while indulging in low immoralities 
 fails not to assume the character which will secure 
 him further grovelling gratifications. In all this 
 there is little of that ideal justice of which poets 
 sing, wherein the good are always happy and the 
 evil-minded unsuccessful. Religion fails to enforce 
 correct conduct, and reason is not yet strong enough 
 wholly to practise a utilitarian code of ethics. Differ- 
 ent men, and ages, and beliefs, derive their rules of 
 conduct from different sources. Conscience-making 
 trade the gods find dull as the vision of 
 
 as a 
 
 science grows stronger. We of to-day seem near 
 completing the circle of morality, seem to be nearing 
 the point the savage started from, and referring back 
 all obligation to the law of nature. The divine law 
 of the ecclesiastic, the patriarchal law of the house- 
 hold, and the political law of society, however they 
 may retain their hold on personal conduct, fetter 
 mind far less than formerly. 
 
 Saint Paul found himself amidst a whirlpool of 
 opposing forces, fleshly laws rising within him antago- 
 nistic to spiritual laws, the law of his members warring 
 against the higher law of mind. James Stuart like- 
 wise found his unworthy craft buffeted by winds of 
 
SKILLED VILLAINY. 
 
 260 
 
 of 
 
 doctrine strange m Sydney. The law that should hang 
 Burdue in his place he could understand; he liked 
 that. The regular course of things, the common statu- 
 tory currents and legislative trade-winds, he could sail 
 safely enough before; but these disinheriting guardi- 
 ans of political pets, of children of the corporation; 
 these men of vigilance, who interpose their uncivil 
 veto to the regular course of criminal law, what shall 
 be said of them? They were, indeed, a flat imposition. 
 
 Stuart was not only able, but talented. A very 
 mean man is seldom weak ; more genius, more strength 
 of character is necessary in order to become a great 
 bad man than a great good man. The greater the 
 cunning of thieves, the greater the skill required by 
 the police. As civilization seems to intensify and 
 render more acute absurdity and error, as well as 
 reason and right, so the tendency of organisms, as 
 they become more complex and refined, seems to in- 
 crease in their capabilities of catching and eating, and 
 in avoidinq: beinjf caujjht and eaten. 
 
 Early in Juiy, before the Burdue-Stuart mystery 
 was fairly solved, the Vigilance Committee of San 
 Francisco wrote the Viq-ilance Committee of Marvs- 
 ville that in their opinion Burdue was innocent. The 
 Marysville Committee could not believe it, and begged 
 tlio San Francisco Committee to take no steps which 
 might load to the letting loose of a murderer upon 
 the community. Thereupon the San Francisco Com- 
 mittee despatched a messenger to Marysville to ask 
 suspension of further action until the case could be 
 thoroughly investigated. Francis Land, counsel for 
 the condemned, proceeded to San Francisco for infor- 
 mation. These several investigations were not with- 
 out their effect upon the court. A new trial being 
 granted, a nolle prosequi was entered. Burdue was 
 discharged from the Marysville court and brought to 
 San Francisco in the early part of August. There 
 he was lodged in prison. On the 25th of August, 
 after the evidence of Stuart and Whitaker had been 
 
270 
 
 ENTER JAMES STUABT. 
 
 given, Frederick Woodworth, George Melius, Isaac 
 Bluxome junior, and John F. Spence made affidavit 
 before Ned McGowan, judge, of the fact that Burdue 
 was innocent of the charges preferred against him. 
 Thereupon an order was made by the district court, 
 transferring the case to the court of sessions, into 
 which Burdue was brought; the same day and dis- 
 charged from custody. 
 
 While Thomas Burdue was yet in San Francisco 
 undergoing trial for the robbery of Jansen, that is to 
 say, on the 28th of February, 1851, Frank M. Pixley 
 came forward and made oath that the prisoner was 
 not James Stuart, whom he had defended on several 
 occasions, and whom he ought to know. Although this 
 did not satisfy the court and jury sufficiently to secure 
 Burdue's discharge, it made a mystery of the matter, 
 and so excited suspicions of the possible innocence of 
 Burdue that certain members of the Vigilance Com- 
 mittee determined to ferret the affair; 
 
 The shortest way to this end was to secure the 
 person of the Sacramento shop -breaker, the Foster 
 Bar murderer, the robber of Dodge, and the convict 
 of the Sacramento prison brig — to secure the person 
 of him who had committed these crimes, whosoever 
 that might be ; for at the same time that Mr Pixley 
 swore Burdue was not the Stuart of these exploits, 
 Dr Holmes of Foster Bar, officer Trueman of Sacra- 
 mento, and others asserted that he was. Clearly 
 amidst all this conflict of evidence the only way to 
 solve the mystery was to find the real culprit. If 
 Burdue was not the felon, who was he, and where 
 was Stuart? Much depended upon the answer; the 
 life, perhaps, of an innocent man, and the escape of a 
 notorious offender. 
 
 Mr Pixley seemed to be the only one in San Fran- 
 cisco who was positive that Burdue was not Stvmrt, 
 though at the second trial there were a number in 
 Sacramento who were sure of it; and yet the j iry 
 convicted him. While Pixley did not scruple to clear 
 
THE COURTS AWAKE. 
 
 »71 
 
 ;er in 
 cloar 
 
 the guilty if he could, for of such his law told him 
 was its kingdom, yet he would not wittingly see the 
 innocent suffer. Therefore, while he would not say 
 or do anything which would implicate his client or 
 lead to his arrest, he did not hesitate solemnly and 
 positively to assure, not only the court but the Vigil- 
 ance Committee, that this prisoner was not guilty of 
 the crimes laid at his door. 
 
 Meanwhile the Marysville Vigilance Committee 
 were skeptical as to Burdue's innocence ; yet after the 
 trial, and while he was there lying in prison under 
 condemnation of death, the Marysville Committee 
 came out nobly in his behalf, and between the- two 
 committees no less than fifteen persons were found 
 who said that, whoever the prisoner might be, he was 
 not the renowned James Stuart. But the law, roused 
 from its lethargy by the murmurings of the people, was 
 determined on action. Many respectable members of 
 the commonwealth, advocating capital punishment, 
 had banded in every town to execute it. Now if they 
 wanted hanging done, the law could do it. So saitl 
 its officers from the beginning. The whole country 
 was excited on the subject; it was the thing to do to 
 shed some blood. The autumn elections were ap- 
 proaching, and the hanging judge would be the popu- 
 • lar candidate. Here was an opportunity too good to 
 be lost. This man has neither money nor friends; 
 even if he is not the guilty person, he ought to be 
 hanged for looking so much like him and mystifying 
 the court. Witnesses say that the real James Stuart 
 is five feet nine inches in height, while the prisoner is 
 but five feet six and three quarters inches; but then 
 sorrow and confinement are apt to cause shrinkage, 
 especially in one not guilty of the crime for which lie 
 is condemned. Besides, is it not better that an inno- 
 cent person should now and then be put to death than 
 that no example at all should be made? Thus within 
 itself might the law have communed, judging from 
 its actions. 
 
272 
 
 ENTER JAMES STUART. 
 
 Ii 
 
 The San Francisco Committee were by this time 
 thoroughly convinced of the innocence of Burdue, and 
 tliey determined to redouble their exertions to f.nd 
 the real Stuart. They had his likeness in the unfor- 
 tunate Burdue; their police and patrols had but to 
 look upon him and then hunt Stuart. Country com- 
 mittees were placed in possession of the facts, and 
 were begged to lend their immediate aid to save 
 the innocent and bring to punishment the guilty. It 
 was probable that Stuart was in or near San Fran- 
 cisco. He could not have left the state unknown, 
 for every departure by water was watched, and lie 
 would scarcely travel overland, as the men of Sydney 
 seldom migrated far from seaport towns. Besides, 
 where would he find a better country, one richer in 
 stealings or more backward in punishment? Then, 
 too, by this time the acts of Stuart were so notorious, 
 and his person so well known from Yreka to San 
 Diego, that the only place at all tenantablc for him 
 was San Francisco. Therefore the sons of the Watch- 
 ful Eye were charged by their ciders to find the villain. 
 
 Wonderfully intricate are the ways that lead to 
 simple ends I Here is all the country hunting this 
 man, when one day he drops almost of his own accord 
 into the maw of the new patent crime -crusher, and 
 that for an offence which he did not commit. Honest 
 men wonder at the foolishness of shrewd scoundrels ; 
 but may not scoundrels with equal propriety wonder 
 at the foolishness of shrewd honest men? 
 
 Between ten and eleven o'clock on the morning 
 of July 2d a house at the Mission was entered and a 
 trunk abstracted. The owner, learning of his loss, 
 raised the alarm. Just then it was ascertained that 
 a tent on California -street hill, near where Grace 
 Church was afterward placed, had been robbed. Three 
 or four men set out in different directions in pursuit 
 of the thieves and for the recovery of the plunder. 
 They at once made their way up the hill and into the 
 chaparral. The bushy suburbs of San Francisco were 
 
IN THE CHAPARRAL. 
 
 27X 
 
 and 
 
 at that time infested with thriftless and shiftless 
 human vermin. The town was not so large then as 
 now, and it offered less security before determined 
 search. The suburban districts, with their sand-hills 
 and hollows thickly matted with small trees and 
 bushes, beneath which, with a pair of blankets, ono 
 might safely and comfortably sleep away the summer, 
 wore the favorite resorts of thieves, who found iii 
 these quarters combined security and convenient prox- 
 imity to fields of enterprise. The quail and hare of 
 these parts were often surprised, and so occasionally 
 were the thieves, although it was a most difficult 
 place to hunt them in, as there were large patches of 
 undergrowth which neither horse nor man could easily 
 penetrate, and the surest way to investigate such spots 
 was by sending in a well trained dog. 
 
 Somewhere near what is now the corner of Powell 
 and California streets, some distance from the road 
 leading from the Mission to the city, the owner of 
 the lost trunk came upon one who excited his sus- 
 picions. He was first seen standing on a knoll, look- 
 ing toward the city; he hesitated for i moment, then 
 turned and hurried away in the opposite direction. 
 Calling to some carpenters who were at work on 
 tlie hill, the owner of the lost trunk briefly related 
 the circumstances and pointed to the stranger. To a 
 casual or unsuspicious observer it was an exceedingly 
 commonplace thing for workingmen of the city- 
 strolling in the suburbs to meet one who from his 
 dress might be a miner waiting for the sailing of the 
 steamer or for the arrival of his wife, or who might 
 be a country trader, or a ranchero, or any one of a . 
 dozen other respectable callings. The town was; 
 always full of honest strangers coming and going, 
 paying their way, and minding their own business. 
 In this instance the person suspected was wholly 
 innocent of the theft; and yet there was that about- 
 him which assured the workingmen that they had 
 found the one they sought; and the wanderer believedK 
 
 Pop. Trib.. Vol. I. 18 
 
274 
 
 EXTER JAMES STUART. 
 
 II ! 
 
 r?^|i 
 
 i; 
 
 i 
 
 that they knew him, believed that his doom was 
 sealed. But defeat is the last thing a politician or a 
 thief will acknowledge to himself or to another. 
 
 Of medium height and symmetrical figure, with a 
 bright burning eye, hissing speech, and biting smile, 
 the stranger looked the accomplished reynard, which 
 indeed he was, except when called upon to act the 
 hungry hyena. Over a clean gray woollen shirt, cov- 
 ering also one of linen, he wore an English-cut coat, 
 well fitting light pantaloons tucked inside his boot- 
 tops, and a narrow-brimmed round-top hat. Fastened 
 to his belt, and covered by his coat, were a bowie- 
 knife and revolver of fine finish and in perfect order. 
 In his dress, carriage, and general appearance there 
 was that which, to a villain -hunter, immediately 
 stamped him as his prey. 
 
 Witness the windings of the game now played. 
 Here was a thief; so far the man who had lost his 
 trunk was right. But this was not the thief he 
 sought; of this the present guilty one was not aware. 
 Accompanied by one of the carpenters, the owner of 
 the lost trunk advanced and called to the man, who 
 turned and walked toward them. 
 
 " Good-day, stranger." , 
 
 "Good-day." 
 
 "Do you live ab ut hero?" 
 
 ^'No." 
 
 ■*' What are you doing in this neighborhood?" 
 
 " I am on my way from the Mission to North 
 Beach." 
 
 " This is not the road. Two houses have been 
 robbed near by this morning. Where did you get 
 the clothes you have on?" 
 
 "What! the devil! Who are you?" exclaimed the 
 man, as his hand sought his revolver. But instantly 
 two cocked pistols were at his head, and further move- 
 ment of his hand behind him he well knew was death. 
 It was the custom then for mechanics as well as others 
 to carry pistols. 
 
DUPLICITY. 
 
 975 
 
 was 
 or a 
 
 ith a 
 mile, 
 irhich 
 t the 
 , cov- 
 
 coat, 
 boot- 
 itened 
 )owie- 
 ordcr. 
 
 there 
 Uatcly 
 
 )layed. 
 jst his 
 icf he 
 aware. 
 rncv of 
 who 
 
 North 
 
 ou 
 
 " I know nothing of your robbery," said the man, 
 as he threw up his handy. " Those clothes I have 
 worn ever since I left Sonora. I saw somebody with 
 u bundle but a moment since disappear over yonder 
 hill. I tell you I am not the one you seek." 
 
 " Listen to mc, my friend," said the Mission man. 
 "You say you have worn these clothes from Sonora, 
 and that you have walked some distance this morninj^. 
 That is not true. The weather is warm; the roads 
 arc dusty. Your boots are not sufficiently travel- 
 stained, your linen shirt is clean, and the woollen over- 
 sliirt you wear carries yet the creases of its original 
 folding. You must come with us ♦^o the rooms of 
 the Vigilance Committee, and if you ire an honest 
 man you have nothing to fear." 
 
 On the instant the course he ■ ^ould adopt uashed 
 upon the captured criminal, xiiere aro moments 
 when the future rises before the mind like Aladdin's 
 ».v.stle; when the ordinary paths of life are so hedged 
 by untoward circumstarces that some supernatural 
 hound seems the only means of escape. Many were 
 implicated with him, and these might rally to his 
 rescue. Oftentimes before he had surmounted diffi- 
 culties apparently superior to this, had lain in prison 
 condemned to death, had stood beneath the gallows- 
 tree with the rope around his neck, the central figure 
 of an infuriated mob ; and yet he was alive, and but a 
 moment before free. At all events his present course 
 was plain to him. 
 
 " I have often heard of your famous Vigilance Com- 
 mittee," said he, with a smile of sardonic sweetness. 
 " I am anxious to see something of it, and will ac- 
 company you with pleasure." 
 
 Arrived at the committee room he gave his name 
 as Stevens; afterward he wrote it Stephens. Those 
 present recognized immediately the strange likeness 
 he bore to the condemned Burdue, and to the de- 
 scriptions of the infamous James Stuart. Mr Payran 
 was in attendance, and h^ questioned him. Payran 
 
■ ! 
 
 270 
 
 ENTER JAMES STUART. 
 
 prided himself on his catechetical abilities. He was 
 the Torque* r.ada of the San Francisco Inquisition; 
 and although in the exercise of the holy office he 
 applied to his victims neither fire, nor water, nor the 
 cord, yet as a rule lie managed in the end to obtain a 
 true confession, as I have said before. His test of 
 truth was only his own shrewd common -sense, dis- 
 crimination, and practical sagacity; and in his original 
 and searching analyses of criminal character he had 
 acquired a skill wliich seldom led him astray. It was 
 his custom first of all to hold a private conference 
 with his prisoner, during which he would talk with 
 ease and freedom on subjects such as would likely 
 most interest his listener, meanwhile watching his 
 countenance, noting his every word and action; and 
 thus he would continue to feel for salient points, and 
 sound his deeper nature, until the responsive chord 
 was sti'uck; and when his victim's tongue was loosed 
 he would listen attentively, merely dropping now and 
 then a remark to keep it going ; and this unruly mem- 
 ber was the rope with wdiich in the end the offender 
 was sure to hang himself Difterent cases he would 
 treat differently, being governed severally by the 
 nature of the case and by circumstance. In this 
 instance he had a malignant subject; but such were 
 his special delight. A first-class felon in a measure 
 commanded his respect; to convict such an one he 
 had time, patience, and money. A monster ruffian 
 was easier treated than a petty vagabond; large 
 crimes were wider known and more easily proven 
 than small ones. 
 
 The executive committee was then convened and 
 the prisoner put on trial. It was a matter of no small 
 moment how this case should be handled. The 
 greatest obstacle to the complete success of the 
 Committee was the confederate crust that shut from 
 them the mysteries of the class with wliich they were 
 at war. One well ained blow might shiver a score 
 of tenements, brittle with fragile guilt. Possessed of 
 
BEFORE HIS JUDGE. 
 
 m 
 
 numbers, money, strength, it was the earnest wish 
 of these busy men of merchandise to achieve swift 
 success and have done with it. Here was one, if it 
 prove true, indeed, that he was Stuart, than whom 
 there was not another on the coast as famihar with 
 crime and criminals. This they knew from the reports 
 of his exploits, which came in from every quarter. 
 They had found something of what was called honor 
 among thieves. Jenkins would tell them nothing, 
 splendid brute that he was. But like many of our 
 most respectable money manipulators who sail to the 
 leev.'ard of law, Stuart, perhaps, was one of those great 
 rascals who was true to his confederates only so long 
 as it was to his interest to bo so. If the right chord 
 wiuj struck might he not tell all he knew? 
 
 With this object in view, the Committee determined 
 to use extraordinary care in their investigations. At 
 the trial John Sullivan testified that he had worked 
 with the prisoner at Foster Bar and elsewhere ; that 
 he knew him as English Jim and Jim Stuart. The 
 prisoner flatly denied ever having seen the witness, 
 and told of himself a far difFeront story. 
 
 This John Sullivan was novv' a boatman; he had as- 
 sisted at the capture of Jenkins, and had since joined 
 the Vigilance Committee. It happened that when 
 Stuart was placed in confinement at the committee 
 rooms Sullivan had been appointed to guard him. 
 On taking his position, n'^.turall}^ enough lie opened 
 tlie door of the room to sec what sort of wickedness 
 was within. Crouching in the corner of the room, to 
 his astonishment he beheld his old employer. 
 
 "Halloo, Jim!" he exclaimed. "How came you 
 here? You needn't pretend not to know me I" 
 
 Shortly after ]\Ir Schenck passed l)y. "Do you 
 
 know whom jou have here?" said Sullivan. 
 
 "What do \ou mean?" demanded Schenck. 
 
 "This is no other than English Jim, or Jim Stuart, 
 
 in this room," replied Sullivan; "lie who nmrdered 
 
 the sheriff at Auburn. I was present at the attem[)t')d 
 
278 
 
 ENTER JAMES STUART, 
 
 lynching at Marysville, wlien the rope broke and he 
 escaped. " 
 
 From another witness was obtained a statement to 
 this effect: At Campo Seco early in 1851 had lived 
 a miner in a cabin alone. He had accumulated a 
 large bag of gold dust, and fearful lest his house should 
 be robbed, he had buried it some three hundred 
 yards distant in the chaparral. One morning about 
 fiv^c o'clock he heard a noise, and soon discovered a 
 man prowling about the premises. He ordered the 
 intruder off, cooked his breakfast, and went to work. 
 But tliinking of the matter during the day, he became 
 timid, and asked a friend to whom he ex[)laimed mat- 
 ters to lodge Avith him. The friend said : " No, lest 
 we both be nmrdered for your money; rather come 
 you and sleep in my house." The man did so; and 
 true to his ft)rebodings liis cabin was entered that 
 night and the ground dug up both in and around it, 
 but the robber found little to repay him for liis 
 trouble. This miner seeing Stuart at San Francisco 
 pronounced him the man whom he saw at his house 
 on the morning mentioned. The Mission man then 
 gave an account of the arrest; but this amounted to 
 nothinjj:. Others were examined on different charges 
 brought against him, but their evidence was of a 
 character not satisfactory to the Committee, and the 
 prisoner, so far as these charges were concerned, was 
 evidently getting the better of the trial. 
 
 The Connnittee now retired for a time, and the 
 matter was left more directly with Payran. Often 
 one mind in the management of an intricate case is 
 better than a score. In dealing with human nature 
 the greatest experts often act upon instinct, and are 
 unable to give a reason for what the}^ do. 
 
 Fortunately at this time there were others in the 
 city who liad seen Stuart in some one of his many 
 misbehaviors, and the condition of Burdue threw 
 round the affair a lively interest,, for it was now the 
 openly avowed opinion of many that the Marysville 
 
THE INQUISITOR GENERAL. 
 
 }d to 
 
 the 
 
 judge had sentenced to death an innocent man. While 
 talking now like a father-confessor, now as a judge, and 
 then again as a pleasant companion, the wily inquisitor, 
 unknown to his prisoner, sent messages to five or six 
 of those whom he thought able to throw some light 
 on the matter, requesting their immediate presence. 
 The calls were promptly answered; and as these gentle- 
 men arrived the}^ were secretly admitted and shown 
 into another room. 
 
 Payran began again to talk with the prisoner. Ho 
 was now prepared to give his questions a more peremp- 
 tory tone. Up to this time the man of sin and his 
 interlocutor had carried on what would appear to an 
 observer an ordinary conversation ; yet each played a 
 deep game. The stake of one was his life, of tlie other 
 the lives of his fellow-citizens. Gradually ncaring 
 Jiis point, Payran pressed his queries concerning the 
 Jansen robbery, the Foster Bar murder, and the 
 Mar3'sville trial. The prisoner was at a loss to see 
 how these remarks applied to him ; he was not Stuart ; 
 his name was Stephens. True, he had come from 
 Sydney; so had many another honest man. "Un- 
 fortunately," sighed Stuart, " there exists a strange 
 prejudice in California against emigrants from British 
 colonies. This is hardly just; there arc bad men in 
 all communities. The Pike county people, as they 
 are called, that is to say emigrants from the Mis- 
 sourian frontier, are as bad a lot as any from Au- 
 stralia. In intelligence they are little above the 
 beasts they drive across the plains; in filthiness both 
 men and women are far below them. They do little 
 scientific stealing, because they liaven't the ability. 
 Why, I have seen," continued Stuart warming, " I 
 have seen their skin-cracked, tangle-hciided, bare- 
 footed, bag-breasted, and alkali-seasoned women, who 
 had driven their cow-teams from Independence, take 
 from a store a whole barrel of salt pork, just as if 
 they had bought it, carry it to their camp, and open 
 and eat it before the very eyes of the trader. It is 
 
280 
 
 ENTER JAMES STUART. 
 
 blockheaded and base bunglers like these that bring 
 discredit on a country." 
 
 But this was treading on dangerous ground, and 
 Payran failed not to note the enthusiasm of the ac- 
 complished professional in the recital. The prisoner 
 was intelligent, of easy manner, and was a fluent and 
 by no means uninteresting or illogical speaker. He 
 persistently separated himself from the felon Stuart, 
 and from all connection with wrong-doing; lie had 
 engaged in mining and trading in various parts with 
 varying success, and was now about to stock a ranch 
 which he owned in San Luis Obispo county. 
 
 Finally Payran squarely faced him and said: 
 *' Stuart, I am perfectly well aware that every word 
 you have told me is false; but I shall get the truth 
 from you before I am through with you." From the 
 prisoner's eye there shot that strange sulphurous 
 light peculiar to him. Upon the table near Payran 
 lay a loaded revolver, and the inquisitor fancied he 
 saw the felon's hand moving cautiously toward it. 
 Without appearing to notice him Payran took the 
 pistol and slipped it into the table-drawer by which 
 he wivo sitting. Fixing upon him the most search- 
 ing gaze, Payran said: "Do I understand you to 
 aftirm that you are not the man called James Stuart, 
 and that you are not guilty of the crimes of robbery 
 and murder?" 
 
 " Most emphatically I do," was the reply. 
 
 Payran then gave a signal to the sergeant-at-arms 
 attending, and the witnesses, of whose presence up 
 to this time the prisoner was ignorant, entered. In 
 spite of his effort at composure, when he saw himself 
 thus confronted the face of Stuart turned pale as 
 death. There were standing before him George 
 Mason, who had worked with him at Foster Bar, 
 and who had testified at the Marysville trial that 
 Burdue was not Stuart; also Charles Hughes, who 
 was present at Stuart's examination before Judge 
 Stidger for the robbery of Dodge and Company; 
 
EFFECTIVE TESTIMONY. 
 
 381 
 
 irms 
 up 
 In 
 self 
 e as 
 orge 
 Bar, 
 that 
 who 
 dge 
 my; 
 
 also George Hunt, who said he could identify him 
 by his speech alone. 
 
 " Stuart, do you know these men, or any one of 
 them?" demanded Payran. 
 
 " I do not," gasped the unhappy wretch. 
 
 " Did you never see this gentleman before?" point- 
 ing to one of them. 
 
 "Never." 
 
 " Nor this?" 
 
 " No." 
 
 Then turning to one of the witnesses the inquisitor 
 asked : 
 
 " Do you know this man?" 
 
 " I do," was the reply. 
 
 " State where and under what circumstances you 
 have seen him." 
 
 " I saw him at Sacramento while undergoing trial 
 for house-breaking." 
 
 Another witness was examined who saw him at 
 another place ; then yet another. Meanwhile passion, 
 of that sanguinary hue which defies control, mounted 
 to the prisoner's face, and with glaring eyes and that 
 hissing voice of his thickened with the throes of 
 emotions maledict, he cried: 
 
 "Well, then, may the devil damn you all, I am 
 James Stuart I Now do your worst!" 
 
 Sinking back into the chair from which he had 
 risen, the prisoner was an altered man. The gleam 
 of mingled assurance and defiance that so lately 
 played about his face had entirely disappeared, and in 
 its place sullen hate liad settled. The last few words 
 which he had spoken was as the yielding up of his 
 g *' y ghost. 
 
 " Stuart," said Payran, " you have got to die, and 
 speedily. Of that you may be assured; no earthly 
 power can save you. It is in no spirit of revenge or 
 hate that we shall hang you. Between such as we 
 and such as you there must of necessity be war. If 
 all were vultures there would be no victims; all may 
 
ENTER JAMES STUART. 
 
 be good, but all cannot be bad. We do not mean 
 always to live the prey of such as you. We must 
 defend ourselves. You have played your game, and 
 have played it well; you knew the risks of it before 
 you took them, and up to this time you have been 
 remarkably successful in your escapes. Now your 
 time lias come. During your few remaining hours in 
 the body everything shall be done that we can do 
 to minister to your temporal and spiritual interests. 
 Any letters which you may desire shall be written, 
 any business affairs which you may intrust to us will 
 be executed more honestly, perhaps, than you would 
 attend to our business. One thing wo would like 
 from you — a full and free confession. This can be no 
 loss to you, while it may be a gain to society." 
 
 "But, sir," said Stuart, "this is no trial; you 
 would not dare to execute me on the strength of this 
 unlawful farce I" 
 
 " Sir," said Payran, " we, the people, are superior 
 to law; entertain no hope; rest assured you shall 
 never leave our hands alive. We will give you a 
 further trial if you wish it. You may have your 
 counsel, summon your witnesses, and prove yourself 
 innocent if you can. You know whether such a 
 course would avail you anything ; we think it unneces- 
 sary." 
 
 While Payran was speaking, and for a few moments 
 after, Stuart sat stooping with his face buried in his 
 hands. Finally raising his head he said : 
 
 " Well, I will do it, damn 'em ; there are some of 
 them I will get even with any wa}^ 1" 
 
 Frank M. Pixley, formerly counsellor for Stuart, 
 was now attorney for the city of San Francisco, and 
 he deemed it his duty to do something. First he 
 asked the supreme court to grant a writ of habeas 
 corpus to bring into court James Stuart. The writ 
 was issued, but, strange to say, the sheriff seemed in 
 no haste to make return. Then Mr Pixley rose in 
 court and requested that a rule on the sheriff be 
 
PRANK M. PKLEY. 
 
 288 
 
 of 
 
 issued to make his return, which was done. This was 
 the 9th of July. 
 
 The same day the sheriff filed his return, endorsed 
 as served by leaving copies with several members 
 of the Vigilance Committee. Again rose Pixley in 
 court and begged another habeas corpus writ to bring 
 thither certain members of an organization styling 
 itself the Committee of Vigilance, to show cause why 
 they illegally detained the body of James Stuart. 
 The writ was granted, and returned by the sheriff, 
 with J. L. Van Bokkolen, W. H. Jones, A. J. Mc- 
 DufRe, and other members of the Committee in 
 answer. These gentlemen filed affidavits that the 
 body of James Stuart was not in their jDossession, 
 and was not at the time of serving the writ; where- 
 upon Mr Pixley made a motion to discontinue pro- 
 ceedings, which was readily granted, and the gentlemen 
 were discharged. 
 
 This was well enough so far as it went, but it did 
 not satisfy Mr Pixley. He now filed an affidavit 
 stating that, to the best of his knowledge and belief, 
 the person of James Stuart was in the custody of the 
 Committee of Vigilance, in the building then occu- 
 pied by them, and asked that a warrant be issued to 
 bring Stuart into court. The warrant was issued 
 immediately. The sheriff set out upon his mission. 
 Members of the Committee smiled upon him and 
 offered their assistance. The owner of the buildings 
 accompanied him, threw open all the doors, bade him 
 carefully examine every nook and corner, and bade 
 him search until his heart and Pixley's were satisfied. 
 And so he did, he and his deputies, but they found 
 nothing. There were the affable members of the 
 alleged Committee, reading, chatting, smoking, ap- 
 parently enjoying themselves as at a club. But no 
 James Stuart was forthcoming. And so the law's 
 messengers reported to their masters. And Pixley 
 was angry. He desired to make the Committee re- 
 sponsible, but the court ruled that with the Vigilance 
 
2S4 
 
 ENTER JAMES STUART. 
 
 Committee, as such, it being an unincorporated body, 
 the law had nothing to do. Then went Pixley for the 
 members again. McDuffie's name was not down in 
 the writ, so he was discharged. Jones likewise was 
 allowed to depart. Van Bokkelen swore that he had 
 not then, nor did have when the writ was served on 
 him, nor did he ever have, the custody or control of 
 such a man as James Stuart. Pixley lifted high the 
 arm of law to let it fall on Van Bokkelen, for he was 
 sure that if he would he could touch the spring which 
 should display the coveted carcass of the murderer. 
 But no; he would be magnanimous; he would not 
 crush one man for the sins of many. Clemency en- 
 gendereth complacency. Pixley was pacified. 
 
 Now what 'lad done these men of work and mer- 
 chandise, to whom the habeas corpus was the most 
 holy of writs, and disobedience thereto more fearful 
 than the unheeded fulminations of the Vatican to 
 image -worshippers? Nothing. They knew nothing. 
 It was their business just then to know nothing, and 
 they did it well. Unwilling to oppose that wise pro- 
 vision of our constitution which secures to every 
 citizen the right when arrested to be brougfht before 
 his accusers; unwilling to disobey any mandate of 
 legalized authority which they could consistently with 
 their predetermined course avoid, they did the best 
 possible thing under the circumstances — they delivered 
 themselves from temptation. They would not hesitate 
 a moment to deny the service of such a writ should 
 it be necessary, for they had staked their lives upon 
 the success of this crusade, but it was better not to 
 be obliged to do so. Knowing that the habeas corpus 
 man was coming, they simply spirited their prisoner 
 away. Bluxome and Oakes took him first, and throw- 
 ing over him a long cloak and a slouched hat, they 
 thrust him into a carriage and drove away, no one but 
 themselves at the time knew whither. The moment 
 it became necessary for them to know nothing, two 
 others as trustworthy as themselves were sent, having 
 
EVADING THE HABEAS CORPUS. 
 
 283 
 
 always at their command guards sufficient for the 
 purpose, and instantly Stuart was removed to a place 
 unknown to the first confederates; and so lie was 
 passed from one to another, the one having charge of 
 him to-day not knowing his whereabouts to-morrow, 
 imtil the ruffled dignity of the law was soothed; and 
 then they brought him back to the committee rooms. 
 Mr Bluxome informs me that on setting out with 
 Stuart two pistols were shown him, and he was t(^ld 
 that if he attempted to escape he would be shot. 
 He was first taken to the building of Endicott and 
 Oakes, on First street, between Market and Mission. 
 ]\Ir Endicott, then alderman, was absent at the time. 
 When he came home and found there the well guarded 
 criminal, he proceeded to the committee rooms and 
 said: "This will never do! I am a city official, and 
 have taken the oath to support the government." 
 Reuben Maloney, a member of the first Committee, 
 then said: "I will take him." Among Reuben's mis- 
 cellaneous acquaintance was a female friend. In her 
 house the prisonless criminal, still strongly guarded, 
 was lodged. But Aspasia became alarmed at her 
 position between the law, which she herself loved not 
 overmuch, and the facile object of its vengeance, who 
 might slip his chains, and murder and rob her at any 
 moment. She told Reuben that their guest must de- 
 part. So Stuart was taken elsewhere, and was kept 
 moving from one to another, as before stated. 
 
CHAPTER XIX. 
 
 EXIT JAMES STUART. 
 
 So, naturalists observe, a flea 
 Haa smaller fleas that on liim prey; 
 And these liavo smaller still to bite 'em ; 
 And so proceed ad infinitum. 
 
 Swift. 
 
 When the time came for taking Stuart's confession 
 the prisoner seemed more eager and animated than 
 liny one present. To him there was no little gratifi- 
 cation in the thought that if he must die, ho died at 
 least for something, and the world should know it. 
 At his last lifting, all the people should raise their 
 eyes and behold the greatest of scoundrels; the jour- 
 nals of the day should be filled with his exploits; the 
 common ranks of thievery should hang their envious 
 heads; and thenceforth all mankind should know that 
 in the vocabulary of renown next to honest greatness 
 stands the greatness of dishonesty. 
 
 Stuart now regarded the making of a confession a 
 privilege. " I myself assisted," says Coleman, "as 
 one of the executive committee, in hearing and record- 
 ing this confession; we sat through the night, and 
 until the morning sun shone in at the window, before 
 it was completed. He went through the whole range 
 of his many rascalities, gave vivid descriptions of his 
 adventures, entering with great zest into the details; 
 and it was curious to see his eyes brighten and 
 twinkle, and a smile play round his facile countenance, 
 when describing his best successes. He threw off all 
 restraint, and recounted his jobs as if bringing to 
 light a brilliant record which had heretofore been 
 
 [288] 
 
THE BAND OF NINE. 
 
 287 
 
 kept necessarily in the dark. His guilt being so plain, 
 and the volume of it so vast, it seemed as if the life 
 of one man >vas insufficient to atone for it all." 
 
 " It now came out," says Schenck, " that Stuart 
 was a member of a gang of nine, who had been con- 
 cerned in various robberies and assaults, composed of 
 T. Belcher Kay, who was port-warden at the time, 
 John Morris Morgan, Whittaker, McKensie, Jack 
 Edwards, Jim Stuart, Benjamin Lewis, Jimmy-from- 
 Town, and one other, whose name I do not now re- 
 member. They had a plan to rob F. Argcnti's bank, 
 and also F. W. Macondray's store. Kay was one of 
 the leading spirits, and by virtue of his office of port- 
 warden he had occasion to visit frequently Macondray 
 and Company, and he took these opportunities to 
 ascertain what money was in the safe. The book- 
 keeper suspected something and advised a stronger 
 guard; and there were fourteen persons there the 
 night the gang had appointed to rob the building. 
 The band at one time rented the Alhambra, corner of 
 Kearny and Washington streets, opposite the El 
 Dorado b'nlding, a gambling -house which stood on 
 the south-east corner of the same streets, and opposite 
 also the building used for the custom-house after 
 the fire of May, 1850, which was on the north-west 
 corner of the two streets, and in whose vaults were 
 then two or three millions of dollars. John IS'Iorris 
 Morgan, a member of the gang, was a brick-mason, 
 and had worked in the construction of the vaults of 
 the building to which the custom-house was removed. 
 The plan was to cut a trench, underneath the street, 
 from the Alhambra building to the custom-house 
 building for the purpose of the robbery, and then carry 
 another trench from the custom-house across to the 
 El Dorado. After the proposed robbery had been 
 accomplished the first trench was to be closed up and 
 the other kept open to avoid suspicion." Of this 
 fraternity Stuart was the leading spirit. 
 
 But I will let the man speak for himself. T '^ 
 
288 
 
 KXIT JAMES STUART. 
 
 career vividly illustrates the hi;^h -pressure principle 
 of crime in California tlurinjj this reiun of terror: 
 
 " I was bom in Brighton, Knglund, in March, 1820. When I was sixteen 
 years of ago I committed forgery, and was banisiieil to Now South Wcles for 
 life. My friends interceded and procured my emancipation. From there I 
 went to South Australia; finally reached Panamd, and shipping in the Ten- 
 iiensve came to San Francisco in the spring of 1850. I immediately loft for 
 Sacramento; then went to Marysville, and next day to Foster Bar. There 
 I joined the Rock Mining Company and worked with them for a month. I 
 hired Sullivan, the witness who appeared against mc, and wo worked together 
 for some time in various places. E bought a claim of a mining company for 
 which I paid §;K)0; I also bought a life-boat for §400 which Avas used on half 
 shares ua a ferry-boat by another company. I lent the Missouri Company 
 $300. Down the river I had a row with Colonel Prentiss, and left the pluou 
 for Foster Bar, where I determined to locate. From my ferry-boat I was 
 receiving about six dollars a day, and the claim for which I paid $300 was 
 yielding me from ten to twelve daily. At Foster Bar two of us made n 
 garden, and that paid us well. I built myself a house, where I had a store, 
 with Bernard Feather, a German, as my partner. I also commenced building 
 the largest house in tlie place, for a boarding-house, but never finished it. I 
 was already tireil of this quiet uneventful life. The Missouri Company closed 
 their business and left the place without paying me. Of one of the company, 
 Daniel Casey, I bought everything tliey had left. I searched their house, and 
 linding a trunk open, full of clothes, I appropriated the contents to my own 
 use. I was afterward arrested for having stolen the trunk; an unjust accu- 
 sation, for having bought all that was in the house I considered the trunk my 
 rightful property. 
 
 "The night after I took the clothing I went to Captain Dodge's house and 
 played monte, where I lost $200. I felt that I had been cheated, and de- 
 termined that I would got even with him. I watched him closely that night 
 from an adjoining tent, and saw him put his money into a chest. Waiting 
 until they were asleep I entered the tent and carried off the chest. I found 
 $4300; there was one piece of gold worth S1508, another worth $738; the rest 
 was in dust, with the exception of about $000 in silver. I took it all home, 
 secreted the most of it in my garden, and resumed my work aa usual. In 
 about ten days I was arrested for liaving stolen the trunk, and paid at once 
 the $500 I il. Three days after I was again arrested on a charge of grand 
 larceny for *'€aling the $4300, and was committed to jail in Marysville. There 
 was great ' itement ; the mob was determined to hang me, but the judge had 
 me safely ^ t-ded by sixty men. The next morning Captain Dodge came to 
 me and said I would give him the money he would let me off and see that 
 I was not m( 3ted. I was uncertain what course to pursue ; but when I was 
 told that his ife and children were suffering at home I concluded to give it 
 Tip, all but $7/ 3, which I said I had lost. During the remainder of the day I 
 stayed with ctie sheriff, Edward Barr ; sold all my things immediately at auc- 
 tion, depositing the money, $170, with him. In the evening the sheriff went 
 out to collect some of the money. While he was gone his cook advised me to 
 
CONFESSION. 
 
 8S0 
 
 loavo tlio plftce nt once. I told liini I couldn't go without money ; the coolc 
 replied that if ho waa in my plnco lio wouldn't risk delay ft moment, i Ntarted 
 at once for tSocrumento, walking; tliruo miles. I hud no money to buy a hoi'Mc, 
 .sii 1 Mtolu one. The next day I sold it ia tSucrankoutu, 'vheru I i-eniaiueil a turt- 
 iiiglit. Wliilo there I bccnuiu aciiuttintod with two or three Americans and 
 (iiic Sydney man, whoso solo business was to steal horses and mules, which I 
 would sell for them. I think T knew of every robbery committed in ."^aera- 
 ini iito while I was tlicre. Tho names of tho horse-thioves were Dab, James 
 iVate, and Johnny Ghl&ths. We heard that thero wa.s a bri^ in tlie river 
 with about §20,000 on board; bo Gritliths, Ivlwards, lirown, and I went m\ 
 lupai'd and got all tho ni(uicy, which was oidy al>out $l'il)0. Tiio next day wo 
 agreed to como to San Francisco, A man eamo down witli us called Jinmiy- 
 irom-Town. He had robl)cd n Spaniard on tiie river of tiiirty ounces of nold, 
 \tliicU ho divided among four of us. Wo camu together from I'unumil on 
 Ijuird tho TcnntMsw, and 1 stowed him away on tlio passage. TJiu same nigi>t 
 we went aboard tho J. Canket, Edwards, Brown, Smith, and I, and robbed tho 
 vessel. Wo had some hard fighting to do; the captain was <lc.s[)erato, ami 
 wo fought him uni-l^ wo left him almost dead. During tho fight his wife 
 came out of the cabin with u sword in her Imnd, which I took away from her. 
 I acted as captain. Wo were all masked. Wo searched tho cabin, and ob- 
 tained from the captain's wife all tho money on board ; also, at my iniuest, slio 
 ;.'ave me an Allen si.K-shootcr. Tho woman begged I would not tako lier hus- 
 band's life. I said I did not want to do it if ho would bo quiet. I was about 
 to fcike a splendid gold chronometer watch. She hoped I would not tuko it 
 as lior mother had given it to her. I said on those conditions I would not 
 take the watch. Tho others kicked up a row for not taking it, but I told 
 th( r.i that I was master ; that they had made me so and I would do as I liked. 
 licfor(! leaving the vessel I tied tho captain's hands l)ehind him, shut him up 
 ii; the cabin, and told his wife not to speak for two hours, as I should not 
 leave the ship. We found that instead of getting $15,000 or 310,000 we had 
 gut only §170. When tho captain's wife gave me the money she said tliat 
 they had sent it nearly all home on a previous packet, or wo should have got 
 it all without doubt. The captain advertised a loss of ?000. We stopped in 
 San Francisco for five or six days. I spent one night in Grayson and Guild's 
 store, where wc attempted to get tho safe containing tiio money, but found it 
 too heavy to move. Then I went to Sacramento alone, aiul stopped at Moore's 
 house, on L street. Did nothing but play cards, and I won a great deal of 
 money. I sold horses and mules, as they were brouc^ht in by norse-thieves, 
 under the name of Campbell. Moore died, and I bought his wife out for §1.')0. 
 All the goods stolen in Sacramento were brought to this house. John Griffiths, 
 John Jones, Bill Nelson, and Old Jack were my boarders. A few <lay3 after- 
 ward GiiiEtiiS was arrested for picking a man's pocket of §800 in an auction 
 store. On Monday ho was committed to the prison brig with his bail placed 
 at §1500. They were kicking up a row in Sacramento and wotddn't go straw 
 bail, so to raise the money I took a team, loaded it from my house witii stolen 
 goods, and started for Mormon Island, where I sold everything. Then 1 re- 
 turned to Sacramento, and obtained au order from tho sheritl' to go on board 
 
 the brig and see Griffiths. I found that on the night before, in trying to 
 Pop. TBm., Vol. I. 19 
 
290 
 
 EXIT JAMES STUART. 
 
 escape with irons on, ho had been drowned. Wliile I was away my house was 
 robbed of everything : I did not think it worth while to open another house, 
 and went to live in a small house near the burying-ground. A few days 
 afterward I was arrested for house-breaking. I employed Mr Pixley, who 
 promised to get mc out of the scrape for fifty dollai's. I told him I was 
 guilty. Old Jack swore false, and I gave him twenty dollars. About a 
 week or ten days after, was arrested again for breaking into a house in a 
 lumber yai'd. I was very nearly shot there; a bullet went through my 
 hat at till events. I got taken and committed aboard the brig for trial. 
 A night or two before. Mat Hopword, from Sydney, or Big Brummy, as 
 wc call him, robbed a house with me, where we got between eight hundred 
 and nine lumdrcd dollars' worth of property. Employed Mr Pixley again, 
 and ]iaid him fifty dollara, and gave him fifty more for getting off Bii,' 
 Biummy, who had robbed a woman. Two days after I had been on board thi' 
 prison brig a constable came do'wii from Auburn and identified me as tin: 
 imu'dcrer of Sheriff IMoorc of Auburn. Two ur three houra afterward two 
 more constables came on board, one from Foster Bar and one from Marysville, 
 and identifiei' .le as having mui-dered Charles Moore. One had a warrant : 
 they went to .j udge Sackett, who gave them an order to bring me ashore. 1 
 was taken to the judge's office; Mr Pixley appeared for me, and would not 
 allow the judge to examine me. I was then sent on board the brig again. 
 The next morning the sheriff came for me, and Mr Pixley told him that his 
 warrant was not legal ; that he could not take me without another warrant 
 from ^larysville ; so the sheriff went after it. I then gave Mr Pixley my bag 
 of gold dust to weigh out six hundred dollars, and an order for one hundrcc I 
 and thirty dollars, which ho told me he had got aud would pay mo next day. 
 The orders I gave Pixley were in the name of James Campbell. That night I 
 made ni j' escape from the brig. I walked the next day to Dry Creek, half-way 
 to Stock ton ; when I reached Stockton I disguised myself and came to San 
 Francisco on a steamer ; this was about the middle of December. I stoppinl 
 at Edwards' house in Sydney Valley. 
 
 " I never went out of the house during the day. At night I went to I'uit 
 Philip Hou»c kept by ^IcCormick and Whittaker. At this tune Jauscn 
 lived next door to Whittaker, We heard that there was a safe in a butcher's 
 shop in Broadway witli eight or nine thousand dollars in it, soWliittakcv 
 and I, Avith Edwards and George Adams, took the window out, moved tho 
 safe into tho street, but could not get it any further. Our next attempt was 
 Mintuni's; Belcher Kay paid there was a great deal of money there. In this 
 mess there was a largo number of us. Edwards, Whittaker, George Adam^ 
 I'ldward McCormick, l^elchcr Kay, Bob McKensie, and I took a boat, fall 
 and tackle, uiado shears, put a feather-bed in the boat, augers and saws, anil 
 all went pretty well armwl. Three or four of us got inside tho building aiul 
 moved the safe a little; made a iev, auger holes hi tho floor, intending to cut 
 tho iloor away ; some one came to tho door, a false alarm, and we had to run. 
 McKensie gnoiled it all by not knowing his instructions; ho gave Avrong sitr 
 nals, and we jumped into the water and ran away. With such a big haul 
 we should not have stirred for ono man or two. Belcher Kay watched out- 
 side. The next thing was a jeweler's shop; Belcher Kay had examined it; 
 
CONFESSION. 
 
 2&1 
 
 use was 
 
 house, 
 
 w days 
 
 3y, who 
 
 n. I was 
 
 \.bo«t a 
 
 jse in ii 
 
 ugh my 
 
 or trial. 
 
 mmy, jw 
 
 huinlfcil 
 
 ly again, 
 
 ; off Bis 
 
 )oard tho 
 
 10 as the 
 
 vard two 
 
 avysvillo, 
 
 warriiiit: 
 
 ishore. 1 
 
 vould not 
 
 rig again. 
 
 n that his 
 
 ;r warrant 
 
 ey my bag 
 
 [o huudn'il 
 next day. 
 at iiiglit I 
 :, half-way 
 me to San 
 I atopinnl 
 
 nt to I'o'.t 
 ne JansLU 
 butcher's 
 Wliittalii'V 
 moved tho 
 tempt was 
 In thirt 
 go Adam-, 
 boat, fall 
 saws, and 
 ilding and 
 ding to cui 
 lad to run. 
 Avrong si I' 
 a big haul 
 ,tchcd out- 
 ;amiued it ; 
 
 ho said there was twenty or thirty thousand dollars in diamonds there. Ed- 
 wards and I went at night and looked at the place ; gave my opinion that we 
 could not do it ; too much risk, as there were four or five men in the shop 
 below, and so we gave it up as a bad job. The next thing Belcher Kay got 
 for us was Macondray'a store ; he had been watching it for a month, and ho 
 told us that there were three safes raid a vault with lots of money ; as much 
 as we could take away in a boat. We came np in the night to do it. but somo 
 of the men backed out ; and considering there were eleven men in the building 
 we all gave it up. 
 
 "The next night Whitaker infonned us of Janseu'a place. He said tliat 
 when Janscn moved lv> h.id a bag which ho supposed contained ten or fifteen 
 tliousand dollars ; we agreed to go and get it. Jim Briggs and J. M. Morgan, 
 who had just come from Monterey, and Wliittakor. Edward McCormick, 
 Billy Kcwes, Belcher Kay, and I, who had been together for ten day.s, were 
 in this job. McKcnsio had had a falling out with ^lorgan and Briggs, and had 
 to leave. Morgan went mto Janaen's store firet; the rest stoiiped in tlic road. 
 Whitaker and I stood at the window durlrg this time I thought lie wu.i 
 too long and could get no money, so I went in to help him; I got lialf-u;.y 
 up the shop, behind the counter; I heard Jansen ask Morgan what ho want<'(l 
 there; Morgan said he wanted to look at some blankets. Jansen turin.l 
 around and saw me behind the counter, and I also told him I wanted soiu'.! 
 blankets. He stepped about two yards to show me the blankets, when T hii 
 him on the head with a slung-shot and knocked him down. I then left 
 Morgan to look after him while I searched for the money. I only hit liir.i 
 ohcc. I opened a desk and took out a shot-bag containing money, lioiii 
 .Morgan and I had cioaks thrown about us as a disguise. I carried the money 
 iiome to Sydney Valley. There was one thousand five hundred and si.\t\ - 
 light dollars in gold coin. We divided it among eight, making a hundicil 
 and ninety-si.v dollars apiece. We M'ent down to^vn and spent a few hours 
 at Mrs Hogan's, on Sansome street; her house was a crib for stolen property ; 
 she wears my picture, and knows all about our motions, but Mr Hogan w;is 
 innocent. The next day tiiere was quite a fuss about town made over Jansun's 
 as.sault and robbery. We did not ..^mmit any more robberies while the trial 
 of the men arrested for striking .Tansen was going on, as we did not wisii the 
 men hung, knowing that they were innocent. We would have shot fifty men 
 rather than have i.ad them hung. We agreed ihat if those men were Iiuiil;, 
 which we expected they would be, we would fire the town on Sunday nigiit 
 in several places. 
 
 "A few nights after we agreed to rob a bank kept by Beebee, Ludlow, and 
 Co., on Montgomery street, fn this we were to bo assisted by Bob Mclntyre 
 and Andy McCa:ty. They told us that whenever \vc were reatly they would 
 take the watch off their beat. These polico-oificera used to know all we weio 
 about those days. Wo tried two nights; opened the outside door by false 
 keys. Watched it two days, and concluded there was not money enougii to 
 pay for attempting the robbery, as we observed the ijorter come t'ach morning 
 from Argenti's with bags of money deposited the previous night. 
 
 " The next night we went to Young's Bank, next to El Dorado, in Wu-shiug- 
 ton street. Morris Morgan helped build the monej* vault, and gave us tiie 
 
EXIT JAMES STUART. 
 
 infommtion. Went down El Dorado steps, opened the door with false keys; 
 entered and found two lieds ; discovered too many people sleeping about there, 
 considered it too dangerous, and gave it up. Belcher Kay was an accomplice ; 
 there were eight in the gang; Kay generally was outside watching. We 
 have had an understanding with police-officers Mclntyrc and ^McCarty for a 
 lonj: time ; they were concerned with us in the robbery of Young's Bank. 
 
 " The next night we stole a small safe out of Emerson and Dunbar's auc- 
 tion store; this was Sunday night; there was but twenty-four dollars in this 
 safe. Adams stepped out at the time of Aliuturn's robbery. 
 
 '■ The following night we stole a safe from Gladwin and Whitmore; took 
 it up the sand-hills, but were discovered before we liad broken it open. Here 
 we lost all our tools, which were worth five hundred dollars to us. Then I 
 went to Mrs Hogan's house. Bill Ilewes went home that night. Not liking 
 to see the men go to the watch-house, I wanted the rest to come and free 
 them by force; but they refused, thinking that by employing Mr Parburt 
 and other lawyers they would be cleared. The next daj' Morgan was ac- 
 quitted and Briggs committed to jail. 
 
 "The next day I went to Cold Blrflf in the schooner B. F. Allen; I was 
 twenty -seven days on the passage to Trinidad Bay. I there saw Bob McKensie, 
 Dab, the horse- thief, and Jem Peet; they came from Oregon. They said that 
 five horse-thieves had taken about sixty horses from Sacramento City to Oregon, 
 and there sold them. I found Trinidad to be a bad place for me. I played 
 cards with Dab, and won all his money, about three hundred dollars. I then 
 came back in the B. F. AUen, and paid the passage of Dab and Peet also to Sfui 
 Francisco. We arrived in San Francisco on Sunday, when Dab threatened to 
 inform on me if I didn't give him money ; so I gave him fifty dollars. 
 
 " I went to James Kitchen's house, and sent him on IxHird the schooner for 
 my bed and blankets. The same day Dab and a policeman stopped me on the 
 street ; the policeman wanted me to go to the recorder's with him. I drew 
 my pistol to shoot him, and he shoved off. 'J'here were many people around, 
 and I gave him one hundred dollars to quiet him. I then went to Kitchen's 
 to stop that night. I went to see Mrs Hogan, who told me that there was a 
 waiTant out for Whitakcr and Long Charlej', for robbhig a man in her house 
 of fifteen thousand dollars ; she said she had secreted Whittaker at the 
 Mission, and advised me to leave the town, r.s the police were searching her 
 house. 
 
 ' ■ The next morning I hired a horse at a stable and rode to Monterey. At 
 this time I had just taken the name of Carlisle, having previously been known 
 as Campbell. I went to Monterey on purpose to attend the trial of the men 
 arrested for robbing the Monterey custom-house. I went to the watch-house 
 and saw the prisoners. The st coud night my horse was stolen from me. Dick 
 Osman was first put on trial. Parburt went down from Sun Francisco to do- 
 fLiid him, and I appeared as u witness ia his favor. Whittaker was also at 
 Monterey; Briggs was then in custody; Kitchen airived at Monterey in tlic 
 steamer. We all knew the parties were guilty. Althougli they took thir- 
 ti'on thousand dollars down from San Francisco, all that was robbed was eight 
 thousand, though lUiudall said that he had lost thirty thousand. Parburi, 
 McDonald, and Judge Merritt were counsel for prisoners, and Colonel Weller. 
 
CONFESSION. 
 
 293 
 
 keys; 
 there, 
 plice ; 
 We 
 J for a 
 ik. 
 
 ■'s auc- 
 in this 
 
 >; took 
 Here 
 Theu I 
 t liking 
 lucl free 
 I'arburt 
 was ac- 
 
 ( ; I was 
 cKcusio, 
 laid that 
 ) Oregon, 
 I played 
 . I then 
 Iso to San 
 atened to 
 
 3. 
 
 ,ooner for 
 ine on the 
 I drew 
 e around, 
 Kitchen's 
 ere was a 
 bcr house 
 er at the 
 ching her 
 
 terey. At 
 len known 
 the men 
 Itch-housc 
 Ine. Dick 
 Idco to dc- 
 las also at 
 
 t-cy in 
 
 the 
 
 took thir- 
 
 Iwas oif^ht 
 
 I'arbun, 
 
 lul Wellcr. 
 
 Bolts, and Wallace for pi execution. There was a gre.it deal of false swearing 
 and bribv^ry. .AH the money was taken from the prisoners ; the court charges, 
 amounting to one thousand dollars, were first deducted, and the balance, 
 twelve thousand dollars, was equally divided between the prisoners and prose- 
 cuting counsel. The prisoners then paid their own lawyers. Randall received 
 one half and the prisoners the other half of the twelve thousand dollars. 
 Ryan, Morgan, and Tom Quick were then in jail, but Osman Mas tried and 
 conseated to the division. The sheriff of Monterey received seven hundred 
 dollars and a gold watch for packing tlic jury and for other services. Morris- 
 man, a juryman, received one hundred dollars from the prisoners, which was 
 paid after the trial. Dennis ^McCarthy, the constable, received one hundred 
 dollars from the prisoners for false swearing. He first swore for the pi'ose- 
 cution, and then swore back in favor of the prisoners. Jim Carson, a jury- 
 man, held out for guilty ; he was bribed by the prosecution. The judge knew 
 nothing about all this. Parburt told me to let the prisoners out of jail ; I 
 broke the door down and they were free. 
 
 " Then I started on foot from Monterey for tlie southern mines. Wlicii I 
 reached San Jo8(5 I stole a horse, saddle, and bridle, but was captured near 
 !^an Joaquin. I got in a row with eleven Mexicans who took my gun and 
 said that I had stolen their horse; they took mo back to Liverniore l'a.ss. 
 I gave them my watch and chain to release me, and started on foot for Soiioia. 
 From there I went to Sullivan's and worked about a week, but did not like 
 mining. Then went to ^lariposa wherb I worked for five weeks ; thoi-e I mot 
 two Americans who knew me ; I did not think myself safe and started on foot 
 for San Francisco. 
 
 "I arrived here on Tuesday night ; I saw Kitchen in the El Dorado r went 
 to his house whore ho used to live ; all my things wove loft at Kitehon'N, and 
 are ptill there. Wednesday morning I arose and wont to the Mission to .';ee 
 an acquaintance who lives at the bakery; this ncquaintanco wished me to rob 
 a SpiUiiard's house at the Mission. I went into the Mansion House, saw the 
 safe, and said I would .'joc him again about it. I took tlie hills on the way 
 back from tho Mission to avoid being soon, and was arrested on the sand-hills 
 doing nothing ; I was on tlio way to North Beach. 
 
 "In coming from San Jose to San Francisco last January or Februar\- I 
 came in the steamer JNV»' iS/.ir, witli one Smith, wiio was afterward shot in 
 Sacramento \vlule robbing ii house. W'c wi'ut from Sim Francisco to fean 
 .los(5 on purpose to rob tlic cliui-ches of the isilver aud gold images. We were 
 told th.at there was .'i gold imai;e •\V(i;,'liing ten pounds, but we could not llnd 
 it. We got stuck on a nm<l-flat on tlio pas.sagc. In tlio morning we ^vcr(> 
 called into the cabin and told that a passenger had been robbed of one 
 thcjusand dollars in gold dust. They took my gold dust, amounting to about 
 six hundred dollars, and that of another passenger ; but I did not conmiit tlio 
 robljory nor know anything about it. Before leaving the Kew Slav I threatened 
 tlio raptain tliat I would rcpcirt him if he did not give me back my money ; 
 ho was afraid I might make him trouble and gave it up. 
 
 "On arrival here I advised robbing the Nevi Star. I met Teddy McCor- 
 inick and John Edwards, and went down to the steamboat. 1 went on board, 
 opened the window, and robbed the desk of about two iiundred and lifty 
 
294 
 
 EXIT JAMES STUART. 
 
 Hollars. T have worn a eerape and have ridden horseback in San Francisco. 
 Jimmy-from-Town robbed Dow's safe and blew it up with powdei. Have 
 heard hundreds remark that the day would soon come when this country 
 would be taken by the Sydney people." 
 
 In addition to this story of guilt is the testimony 
 of Joseph Hetherington, who took charge of Mrs 
 Hogan's house at her husband's request while he was 
 at the mines. Whitaker boarded there during Mr 
 Hogan's absence. Whitaker gave him this account 
 of the murder of Moore, the sheriff: He said that 
 Stuart, with two Americans, was travelling from 
 Nicolaus to Marysville; the}- had but little money, 
 and they concluded that they might as well be dead 
 as to be without money; so they agreed to rob every 
 man they met until they secured twenty thousand 
 dollars apiece for themselves. Sheriff Moore hap- 
 pened to be the first man who crossed their path, and 
 Stuart at once shot him. It was for this murder that 
 Burdue was convicted before Stuart was arrested. 
 
 Stuart's confession raised quite a commotion among 
 the fraternit}'. While the professionals, whose sombre 
 deeds were lighted by the people and the press, 
 scattered, respectable malefactors as a matter of 
 course loudlj^ proclaimed their innocence. I do not 
 doubt that Stuart exaggerated where he entertained 
 enmitv, or that he lied whenever it suited him. He 
 was bad enough to do anything, and he was strong 
 enoujjh to do much. Yet in false charijes there are 
 usually some facts. A lie seldom rests on no founda- 
 tion ; or if it does, the victim of it is indeed a sufferer, 
 for such is the construction of men's minds that he 
 can never wholly escape the effects of it. Evil is 
 never spoken of the innocent whom the slanderer 
 does not know. Vice, like fire, is a dangerous play- 
 thing. When the clouds drop pitch, you may look 
 for the white-robed at home. 
 
 Scarcely had the clock told nine on the morning 
 of July 11, 1851, when the Monumental bell struck 
 
SENTENCE. 
 
 205 
 
 |rning 
 Itruck 
 
 lor the assembling of the general committee at their 
 rooms on Battery street, and instantly the streets 
 were filled with citizens hurrying thither. So much 
 time was occupied by the Committee in their grave 
 deliberations that the crowd, congregated in knots 
 about the building, became impatient. Those who 
 knew nothing of the proceedings within began to 
 think it but an ordinary conference, and about noon 
 dropped away to attend to their respective aflfairs. 
 
 The minutes of the jjeneral meetinor, Selim Wood- 
 worth i-^ ihc chair, are brief and to the point. On 
 motion the evidence in the case of Stuart was read. 
 Questions were then put, and it was determined that 
 the prisoner was guilty of crimes which rendered him 
 liable to the punishment of death; that he should be 
 hanged; that a clergyman be sent for; that the exe- 
 cution take place at two o'clock; that the executive 
 committee should make the necessary arrangements; 
 that no i:)orson be allowed to leave the room; that the 
 prisoner receive his sentence. Half an hour after, the 
 sentence of death was pronounced upon the prisoner, 
 who during the final meeting, with imperturbable cool- 
 ness, sat manacled in an adjoining room. Once or 
 twice during the awful three hours thus employed 
 he placed his fettered hands behind his head, yawned, 
 and exclaimed, "This is damned tiresome; give me a 
 chew of tobacco!" In this request he was indulged. 
 Bcinj? brouoht into the council -room to receive his 
 sentence, he displayed the same apparent non<.'halance. 
 Two hours of grace were allowed him in which to pre- 
 pare for eternity. Stuart received the clergyman, 
 Klines, with great respect; though at first sullen ho 
 yielded to the influence of the hour, and at last ac- 
 knowledged the justice of his fate, declaring that ho 
 could die without resentment toward an}' one. At 
 the expiration of two hours the prisoner was brought 
 out, bound. He was a man five feet nine inches iu 
 height, well proportioned, about thirty-one ^-ears of 
 age; his hair was brown; lie wore a mustache and 
 
lit; 
 
 EXIT JA:HES STUART. 
 
 whiskers; his forehead was broad and his face had an 
 intellectual cast; he had on aquiline nose, compressed 
 mouth, and slightly proj jcting chin. At the time of 
 his execution he was neatly dressed in a dark jacket, 
 white shirt, brown pants, and patent-leather boots. 
 During the time while the doomed man was closeted 
 with thu clergyman his four hundred judges sat in 
 the committee room like statues, solemn and silent. 
 Scarcely a word was spoken, and the gravity of un- 
 pleasing but inexorable necessity was depicted on 
 every counten mce. One of their number went out 
 and addressed the people before the door, telling them 
 that guilt of the deepest dye had been proven with- 
 out a doubt, that this proof was backed by the pris- 
 oner's confession, and that the sentence of immediate 
 death ^Tid been pronounced. The speaker then asked 
 if the proceedings met their approval. ^ ffirmation 
 was promptly spoken, with but three dissenting voices. 
 About half-past two the Committee emerged from 
 their rooms with the prisoner, bound and supported 
 by two members. Arm-in-arm, eight abreast, witli 
 weapons read}', they marched in platoons, with slow 
 and measured tread, along Battery street to Market- 
 street wharf, where stood a derrick ready for their 
 purpose. When thu front of the coiumn reached the 
 wharf it opened, parted to each side, and the two 
 hundred body-guard passed between the two lines, 
 which immediately closed in the rear and locked arms, 
 forming an impenetrable barrier between those per- 
 forming the ceremony and the people, who were thus 
 prevented from 3rowding the wharf The bravado 
 of the man now left him. Many times he had re- 
 garded the approach of death, but never had the grim 
 monster stared him in the face as now. For a moment, 
 as he looked at the gallows prepared for him, and as 
 he felt the solemn hush pervading the assemblage, his 
 .strong frame shook like a leaf; but ir^ mediately re- 
 covering, he thenceforth ac([uitted himself manfully. 
 At his own request he was not blindfolded; reiter- 
 
SOLEMN SCENE 
 
 207 
 
 grrim 
 )ment, 
 land as 
 [ge, his 
 3ly re- 
 Infully. 
 1 reiter- 
 
 ating a few words of penitence, and acknowledging 
 the justice of his sentence, he closed his eyes. One 
 end of the rope was quickly adjusted round his neck, 
 the other thrown over the derrick and seized by 
 twenty hands, which quickly jerked the criminal in 
 air, where he was suspended for half an hour, until 
 long after life was extinct. Throughout the entire 
 proceeding the most perfect order prevailed, no re- 
 sistance being offered by any one. The solemn still- 
 ness of the people, as they stood with uncovered 
 heads, attested the grave importance attached to the 
 execution, indicating no feeling of revenge, but the 
 consummation of simple justice. In the harbor flags 
 on the vessels had been hoisted and cannon fired. 
 
 As I have before remarked, there was no military 
 organization in the Committee of 1851, as there was 
 in that of 185G, but a police system only. At the time 
 of Stuart's execution the general committee resolved 
 itself into an inpromptu military association, con- 
 sisting of companies or squads under their respective 
 captains, in all about three hundred and eight}' men. 
 Thomas J. L. Smiley, a tall, straight, fine -looking 
 man, no less able in counsel than efficient in action, 
 commanded one company, with his business partner, 
 John Middleton, acting as lieutenant. While Stuart 
 was hanging, and before life was wholly extinct, 
 (jrallaghcr, the coroner, came in hot haste, elbowing 
 his wa}' through the crowd mitil, reaching Smiloy's 
 locked line, he paused, and throwing into attitude and 
 speech the half of Ireland's dignity, he cried : 
 
 "I demand permission to pass!" 
 
 "Who are you?" asked Middleton. 
 
 "You know well enough who I am," said the 
 corpse-tender; " I'm the coroner." 
 
 " The devil you are!" replied Middleton. "Well, 
 ^Ir Coroner, you don't pass this line until that fellow 
 is a fit subject for your administration." 
 
 As we have seen, all these proceedings were char- 
 acterized by sobriety and solemnity. Yet peculiar to 
 
m 
 
 EXIT JAMES STUAET. 
 
 the people and to the time was that spirit of manu- 
 mission from ancient superstitions, so inseparable from 
 their acts, that while engaged in the most serious 
 affairs they could not behave otherwise than in their 
 natural manner. 
 
 I have said that James Stuart was a great scoun- 
 drel — a mean scoundrel. Yet the more I investigate 
 his character the more I am astonished at his cool- 
 ness, courage, and ability. Had the stream of hio life 
 been directed into honest channels he would have 
 been no less prominent for good than he was now for 
 evil. If in the eighteen months' work, the account 
 of which he recited with such vivid exactness, the 
 same energy and talent had been displayed in some 
 honest direction, as is always true in the economy of 
 crime, the results would have been no less beneficial 
 to himself and to society than his actual course was 
 detrimental. When one lays aside all hope of life, 
 and walks the street as already a dead man, there is 
 apt to be very little acted for effect; or if so, then 
 doing for effect is surely a dominant quality of such 
 a one. Now when Stuart knew his time had come, 
 villain as he was, I can but admire his conduct; for 
 prominent in all his bearing were displayed in a re- 
 markable degree admirable qualities which many an 
 honest and good man lacks. He was not defiant, like 
 Jenkins, but modest. Marching to execution with 
 head erect, firm step, and graceful carriage, he looked 
 less the villain then than at any time before. Nor 
 was his coolness indicative of audacity or indifference. 
 It was simply the display of a natural philosophic 
 strength of mind, exercised unconsciously, or nearly 
 so. Yet he was an audacious villain, and every inch 
 a villain. 
 
CHAPTER XX. 
 
 A BUSY MONTH. 
 
 The next in place and punishment were they 
 Who prodigally threw tueir souk away. 
 
 Dri/den. 
 
 The work went bravely on. Throughout the land 
 it was deemed the proper thing to do. Men knew 
 that nothing would cure the evil but hanging. Tin.' 
 wicked ones were so active, so cunning; like Antceos, 
 as long as their feet touched firm earth no Hercules 
 could crush them. July, 1851, saw town and country 
 all astir. Not of that outward noisy form, visibk; 
 to the eye of the uninitiated, was the traffic of the 
 tribunal; but whosoever with spiritual vision might 
 penetrate the calm surface, or, better still, in bodily 
 form step behind the already blood-begrimed curtain, 
 would soon hear the clatter of the morality-mill, and 
 witness the various processes of cleansing there applied 
 to soiled souls. 
 
 This was the busiest month in the annals of the 
 first Committee. The mass of accumulated material, 
 most of it of a secondary character lacking special 
 interest to the general reader, is overwhelming. What 
 a revelation was that of James Stuart 1 and what a 
 world of work it made! Meetings were held daily, 
 sometimes twice a day, and correspondence was opened 
 with rogue -exterminators and country committees 
 from Britisli Columbia to Mexico. 
 
 Hundreds of descriptions of suspected persons were 
 sent from one committee to another — instance the 
 
 [299] 
 
300 
 
 A BUSY MONTH. 
 
 following, given by the Marysville Committee to the 
 Sail Francisco Committee: 
 
 "Charles A. Pitcher of Belfast, Maine, was whipped at ToUe's old dry 
 diggings, above Marysville, about the 25th of June, for stealing six hundred 
 dollars out of a miner's tent. Previous to the theft ho had passed undur thu 
 name of Silas Pacard. He is over six feet in height, broad-shouldered nnd 
 full flesh, but not over fleshy. Will weigh a hundred and eighty-five to one 
 hundred and ninety pounds; dark hair, cut short, and rather brown complex- 
 ion ; black eyes, and heavy black eyo-brows» He walks with a long, stately 
 step. Ho is about thirty years of age. Wore about the 1st of July a caudet 
 coat of black, skirts rounded like a quaker's, black pants, and a low dralt 
 brush hat, with black band. Ho had a partner named Miller — a very respect- 
 able man — in the grocery business on Front street, Sacramento. His partner 
 quit business on suspicion of Pitcher's dishonesty. He has a brother-in-law 
 named Miller, of the firm of Pierce and Miller, in Sacramento City, J street, 
 between Seventh and Eighth, who is a very honorable and respectable 
 merchant. " 
 
 )V 
 
 Criminals were caught and witnesses examined 
 the score, involving the taking and writing of great 
 masses of evidence, which might or might not prove 
 relevant. Then there was the sea to scour as well as 
 the land; on the arrival of every vessel from Au- 
 .stralia the passengers and crew were overhauled for 
 disreputable characters; also passage to be secured, 
 and paid, for the exiled. There was the hanging of one 
 and the getting ready of others to be hanged. Thor(^ 
 were the new quarters to make tenantable, rooms and 
 cells to arrange, and the accommodations of con- 
 stantly increasing numbers and requirements to be 
 provided for. 
 
 The organization had likewise to be remodelled. 
 Hastily arising from immediate necessity, adapted to 
 .simple duties rather than to complex and permanent 
 affairs, there was much to be considered and olianffofl. 
 Besides the outlaws there were the lawyers, and law 
 officers, and prisons to look after. Suits were brought 
 which must be defended, and writs of habeas corpvs 
 there were to be dodged. 
 
 In the archives of the Committee before me arc 
 abstracts of the character of multitudes of those 
 
CIIARACTFRS DESCRIBED. 
 
 aoi 
 
 then arriving here, of which the following are speci- 
 mens : 
 
 James Ogle, Irishman; left home in 1840 in the 
 emigrant ship Chamjnon for Sydney. Occupation a 
 laborer; kept a tavern in Sydney; thinks there aro 
 no convicts on board this ship; has a wife and child 
 on board; knows a Mr Eggleston in this city. 
 
 Thomas D. Snodgrass, a Scotchman; left Liverpool 
 as passenger in ship George Canning in 1828; kept a 
 sheep farm in New South Wales; has a cousin here 
 named Benjamin Sullivan. 
 
 William Luch, an American, born in Connecticut; 
 on ship's articles; has been on board about five 
 months; went to Sydney as steward in ship Christoval, 
 a whaler, from Nantucket; ran away from ship ; never 
 knew any of the passengers until he came on board. 
 
 David Rose, Englishman ; left Liverpool for Auck- 
 land in convict ship carrying prisoners; remained in 
 New Zealand two years; came to California in ship 
 Johnson, arriving in March, 1850, with two hundred 
 passengers. 
 
 Helen Casey, Irish, single woman ; arrived in Syd- 
 ney in 1820 in emigrant ship Premier; was waitress 
 in an asylum at Sydney where she left her father; has 
 a sister on board. 
 
 William Butt was taken before the Committee and 
 testified: "I was born in Southampton; left from the 
 Isle of Wight by the convict ship Lord Eldon, which 
 took two hundred and forty-five convicts from Ports- 
 mouth ; I engaged with Captain McCarthy as servant; 
 u person named Bolton who resides here knows me ; 
 I have never been a convict." He was discharged 
 from custody. 
 
 Mary Ann Banks, an Englishwoman ; loft England 
 eleven years since in ship Sir Edward Paget for Syd- 
 ney. No certificate. 
 
 Lists descriptive of suspected persons were carried 
 in the pockets of the vigilant police, of which I give 
 two specimens: 
 
302 
 
 A BUSY MONTH. 
 
 Russell, alias * Moo the Jew,' aged fortj ; height 
 five feet seven; black hair, swarthy complexion, dark 
 beard, eyes dark-brown; mouth broad, and upper lip 
 straight; scar on right side of the chin; noso straight, 
 eyes sunken; not like a Jew; very smooth and plausible 
 in his address; gives to his eyes a peculiar expression; 
 married, one boy two years old; round-shouldered, 
 but strongly built; chin round. Can be found in a 
 house on Sansomc street, near Pacific. 
 
 Ben Sellers, aged forty-one; five feet eleven or six 
 feet ; high cheek-bones, frcclded, pitted by small-pox ; 
 sunken gray eyes, brown hair, no wliiskers; strong 
 and squarely built; active man; mouth very wide: 
 married, no children. 
 
 On board the American ship Adirondack, arriving 
 from Hobart Town in July, 1851, with two hundred 
 and fifty passengers, one hundred of whom were 
 women, were found two who were not permitted to 
 land. 
 
 Herewith I give a copy of a bill of lading in the 
 shipment of an exile : 
 
 "July 17, 1851. 
 
 "Know all Men hy these Presents, That I, P. Jaa. 0. C. Wliite, captain 
 of the brig Cameo, bound for the port of Sydney, New South Wales, am held 
 and firmly bound imto the commonwealth of Upper California, United States 
 of America, in the siun of two thousand dollars, upon this condition : That 
 I will deliver the body of one Alexander Wright, a convict, who has this day 
 been put on board of my brig by the citizens of San Francisco, luid for whom 
 the Vigilance Committee have paid me the sum of one Imndred dollars for the 
 passage of said Alexander Wright to the aforesaid port of Sydney, dangers 
 of the sea only excepted ; and that I will present him to the authorities there, 
 and not return him a/^aiu to California, nor land him during this voyage at any 
 intermediate poit. 
 
 "Witness my hs'^l this 17th day of July, 1851. 
 
 "P.J. O. C. White. 
 
 " In presence of A. Oaksmithe and Robt. S. Lammot." 
 
 Here is the " Report of 537, V. C": 
 
 "A man named McCurdy, who came passenger in the British bark Prin- 
 cess Royal, from London, haa now in the United States Appraiser's Office 800 
 pounds of apparatus and false dies for counterfeiting the diOerent silver and 
 gold coins of the United States. This man is accompanied by a man named 
 
COMMITTEE RESOLUTION. 
 
 808 
 
 Walker. The dies, etc., will be shown to any of the Cominittoe who may Ijo 
 pleased to call upon the oiBccra of customs at the appraiser's store, California 
 ■treet; and they will also give a description of Mr McCurdy." 
 
 Mr Payraii seuds in the following communicatioi; 
 the 7th of July : 
 
 " From information received from a reliable source I would present Yorba 
 Bueua Island as being infested with a gang of thieves, and perliapa worse. It 
 appears tliat the cutter Polk lay to the Icuward of the island yesterday, and 
 while tlierc distinctly diiw several men leave the beach for an instant and rr- 
 turn again, anned apparently with rifles, seemingly, to all on Iward tlio PolL, 
 to prevent tlie landing of any persons from her. They also saw them packing 
 boxes and bales in great quantity. The jwrty on board tlio Polk imagined 
 that the gang on shore took tiiem for tlio Vigilance Connnittee. One gentle- 
 man informed mu that ho has no doubt of tiic fact that the island is the vc- 
 ceptaclo of n, largo amount of stolen property, aa well as the habitation of several 
 felons. I therefore respectfully and earnestly call the? attention of the ex- 
 ecutive committee to the subject, antl proiX)SO the following motion: Tliat 
 tlio oiScor in command of the Pulk on Sunday, the Gth, bo respectfully re- 
 quested to come before our body and relate particulars touching the inattct, 
 as well as inquire of him as to the gentlemen on the Polk who witnessed the 
 scene." 
 
 The following, from the proceedings of a July 
 meeting, sufficiently demonstrates the sentiment of 
 the association at this time: 
 
 "Whereas, Seeming quiet, peace, and safety have attended our career of 
 vigilance up to this period, and the dreaded evils to be apprehended from 
 sudden outbreaks of the peoplo have fallen short of the expectation of tlio»e 
 who were opposed to such measures; and whereas. The Committee of Vigil- 
 ance of this city has been the foster-father of all sucli institutions throughout 
 the state, whereby safety has been guaranteed to our brethren, and hundreds 
 of the evil-minded who were in our midst have tied, whereby much danger 
 will bo avoided, it now becomes us to so arrange the baaia of our associatiou 
 that its labors may be lessened and our usefulness continued, and tlio future 
 present a bright scene compared with the past. Therefore we would suggest 
 in its present form and in the following order: That the executive committee 
 continue to discharge their duties by meeting at a room to be selected, and 
 there receive all reports that may be ofi'ered ; aad should any case occur of 
 suliicient importance to call the general committee together, to then call them 
 by notice to be given through the public papers or tap of the bell ; and in con- 
 junction with other associations throughout the state, to hold all public matters 
 under consideration, and report thereon ; to hold the acts of all our representa- 
 tives subject to our examination, so that thereby some assurance may bo had of 
 their faithfully discharging their duties. We would also suggest the ^uo- 
 priety of receiving all good citizens as members, who shall at their initiation 
 
304 
 
 A BUSY MONTH. 
 
 pay five dollars, with such monthly stipend oa may be fixed upon ; that there 
 shall be a stated meeting of the general committee, not oftener than once a 
 month, except in cases of necessity ; that this association shall not lose its 
 identity, but exist in all its properties, liable to be called into action whenever 
 necessity may require , therefore, 
 
 " BcmIvcJ, Thai the Committee of Vigilance shall sti'l continue under its 
 present organization ; that the present order of business shall continue, and 
 no meeting; shall be called of the general committee except on urgent busi- 
 ness to be determined by the executive. That the said executive or a quorum 
 of five meet every evening, at the place to be designated, and there receive 
 reports and attend to such matters as may como before them. That the ser- 
 vices of a sergcant-at-arms under salary be dispensed with ; that the duty be 
 placed on one of the Committee, who may retain the man George, or some 
 other person in our employ, to take care of the room and attend the door. 
 That tlie proceedings of the present Committee sliall bo engrossed, and taken 
 charge of by them for such future action as may be taken. That the qualifi- 
 cation committee shall bo merged in the executive committee, and that no 
 new member shall be sidmitted except through and by the executive com- 
 mittee under such rules and regulations as they may hereafter adopt. That 
 there shall be a finance committee, whose business it shall bo to take or re- 
 ceive all moneys, and make disbursements on orders from the executive, signed 
 by a quorum. Also, that the executive committee shall have power to dis- 
 po.se of all surplus property, the proceeds of the same to be paid over to the 
 treasury, and to fill any vacancies that may occur in their midat from the 
 general committee." 
 
 On another occasion it was resolved, 
 
 "That the deliberations of this body should be marked with dignity and 
 solenmity, commensurate with the nature of the subject before- them. That 
 all loud demonstrations of approval or disapproval are undignified and in- 
 compatible with the true spirit of deliberation, and arc hereby declared out 
 of order in this Committee That any person offering an indecorous remark 
 to a speaker engaging t* attention of this Committee shall be forthwith 
 expelled from the room. " 
 
 It was also resolved, 
 
 "That when a prisoner was delivered over to the charge of the chief of 
 police of this association such prisoner should be considered the property 
 of this Committee, and should not be released unless by the action of the 
 executive committee or by a vote of the general body." 
 
 The black sheep of the fold were soon detected, 
 summarily dismissed, and narrowly watched. The 
 following, from the minutes of July 5th, shows the 
 shape in which complaints against members some- 
 times came up: 
 
 " Received communication of William C. Graham, No. 152, being a com- 
 plaint against W. F. McLean, No. .530, he not being cousidercd a fit member 
 
THE COUNTY JAIL. 
 
 805 
 
 liliief of 
 operty 
 of the 
 
 icted, 
 
 The 
 
 the 
 
 kome- 
 
 ; a com- 
 [jember 
 
 of the Vigilance Committee. No. 152 states that this morning, about two 
 o'clock, found No. 539 standing at the door conversing with two policemen, 
 and heard him say that it was a damned infernal shame, the action of the 
 Vigilance Committee in the cose of Goff; it was a damned imposition, luid ono 
 he would not submit to; and further stated that McLean said the day they go 
 to put their decision into execution that he would have the boys about and 
 release him." 
 
 Among the other excuses of delinquent justice, and 
 by no means one of the least reasonable, was that of 
 inadequate prison facilities. 
 
 Watkins, a genteel young man, sentenced by the 
 court of sessions to ten years' imprisonment for bur- 
 glary, openly boasted before Sheriff Hays that no 
 prison in California could hold him. His friend and 
 confederate. Brier, also thought his own confinement 
 would not be long or severe. These dashing pro- 
 fessionals took a philosophic view of chance, skill, and 
 result; if foiled in wise attempt, or if captured when 
 nothing more was undertaken than a fair business 
 risk, they submitted to imprisonment with character- 
 istic good humor. Hanging more seriously inter- 
 rupted their occupation, and hence should be avoided. 
 
 In the earlier epoch of city government a large 
 appropriation had been made with which to build a 
 jail; but, as was usual in such cases, it had all been 
 filched by official fingerings before it could accomplish 
 its purpose. A committee was appointed to investigate 
 these frauds, but they had been sufficiently well man- 
 aged to escape such dm ection as should fasten the guilt 
 in any responsible qua . cer. 
 
 The necessity of securing felons when caught was 
 daily felt more and more. In May and June the 
 (3scape of prisoners was so frequent that the sheriff 
 was obliged to brinjj: all his lodjjers at night into the 
 main room of the building, and station policemen at 
 different points to watch them. Under this arraiigo- 
 m'" . in many instances, a little money, or a bottle or 
 two of brandy, was the price of liberty. 
 
 On the 30th of June a large number of the Com- 
 mittee, by invitation of the sheriff, visited the county 
 
 Pop. Tmd., Vol. I. 20 
 
306 
 
 A BUSY MONTH. 
 
 jail, then in course of erection and partially occupied. 
 The Committee expressed themselves as pleased with 
 the general aspect of the place, and admitted the 
 urgent necessity of the speedy completion of the build- 
 ing. But the city, already bled to dryness, could not 
 do more. Money there was none, and promises the 
 builders had no faith in. Fifteen thousand dollars 
 were needed at once, and if this was raised the citizens 
 would have to do it. The Committee at this time 
 numbered five hundred active members; the requisite 
 amount divided among them would leave to each thirty 
 dollars to pay. Or to achieve a quick practical result, 
 the fifty members of the executive, each assuming three 
 hundred dollars, could settle the matter in an instanl. 
 At the meeting of the 5th of July it was resolved, 
 
 "That aa the amount wanted by the sherifiT to complete the gaol could be 
 made up by each of our members obtaining ten subscribers at three dollars 
 each, a committee of the whole take up subscriptions for carrying out thin 
 object." 
 
 Thus the much needed and long delayed work was 
 quickly, easily, and cheaply done. If all the affairs of 
 government to-day were taken from the great un- 
 washed, the illiterate, the dishonest, the irresponsible, 
 from selfish scheming professionals, and placed in the 
 hands of the few most interested in the true welfare of 
 the country, the matter of our governing, federal, state, 
 and municipal, would not cost one fifth its present 
 assessing. 
 
 Forms printed in the following words were circu- 
 lated for subscriptions: 
 
 " PROPOSED PLAN FOB COMPLETING THE OOPNTT JAIL. 
 
 "We, the subscribers, citizens of San Francisco, hereby agree to pay to 
 the Committee of Vigilance, of said city, the sum of three dollars each, to 
 be appropriated by said Committee, and disbursed under their direct super- 
 vision, for the purpose of completing the county jail." 
 
 The money was paid over as the work progressed, 
 the last of it not being required until September, as 
 the accompanying order shows : 
 
 m 
 
PiUJ-SIMILE OP A MONEY ORDER. 
 
 307 
 

 308 
 
 A BUSY MONTH 
 
 Mi 
 
 llll 
 
 ill 
 
 Early in July was brought the first of those an- 
 noying lawsuits against members of the Vigilance 
 Committee of which there were so many during the 
 year succeeding the great work of 1856. This suit 
 was entitled Metcalf versus Argenti, Atkinson et al., 
 and was brought in the superior court of San Fran- 
 cisco, Justice Smith presiding. It appears that one 
 Peter Metcalf, a carman, agreed for the sum of fifty 
 dollars to take charge of four loads of furniture and 
 wearing apparel during the great fire of the 22d of 
 June. When called on to return the property he 
 producvjc " ee loads, excusing himself from not re- 
 turning ti fourth on the ground of confusion and 
 loss during the exciting scene. Suspicion was aroused 
 no less by the man's contradictory statements than 
 by the fact that out among the sand-hills was found 
 a richly furnished house, containing some twelve or 
 fifteen trunks filled with new and valuable wearing 
 apparel, fire-arms, and other property, unquestionably 
 stolen during the fire. 
 
 The Committee of Vigilance, on being informed of 
 the facts, set themselves at work to find the guilty 
 persons, and in accordance with their custom they 
 took the path that seemed befoi : them straightest to 
 the mark, and that without consulting custom or 
 asking permission of the law. Suspecting Metcalf, 
 they entered and searched his house. For this the 
 carman demanded before the court twenty thousand 
 dollars. 
 
 Owing to certain delays the trial was not begun 
 until the 16th of August, and it ended the 23d. At 
 a mooting of the Committee, held the 5th of July, n 
 resolution was passed as follows : 
 
 "That a committee of three be appointed to wait ou Mr Metcalf, and on 
 Messrs Lockwood, Tilford, and Randolpli, acting as counsel for the prosecution 
 in the caae of Metcalf versus Argenti, Atkinson, anc' others; and they are 
 hereby directed to request those gentlemen to withdraw the suit and all 
 further proceedings in the matter." 
 
 At the same time was adopted the following pre- 
 
THE TRIBUNAL ARRAIGNED. 809 
 
 amble and resolution, which appeared in the public 
 prints : 
 
 " It having become necessary to the peace and quiet of this community 
 that all criminals and abettors in crime should be driven from among us, no 
 good citizen, having the welfare of San Francisco at heart, will deny the 
 Committee of Vigilance such information as will enable them to carry out the 
 above object. Nor will they interfere with said Committee when they deem 
 it best to search any premises for suspicious characters or stolen property; 
 therefore, 
 
 "Resolved, That we, the Vigilance Committee, do claim to ourselves the 
 right to enter any person's or persons' premises where we have good reason 
 to believe that we shall find evidence to substantiate and carry out the object 
 of this body ; and further, deeming ourselves engaged in a good and just cause, 
 we intend to main*^iin it. 
 
 "By order of Thb Committke of Vigilance. 
 
 "San Francisco, July 5, 1851. 
 
 No. 67, Secretary" 
 
 In every large and promiscuous body of citizens 
 there are some whose judgments are ill-advised and 
 whose actions are too impetuous. The publication of 
 this resolution was certainly injudicious on the part 
 of the Committee. Its members would have known, 
 had they carefully considered the matter, that no 
 good could come of it, and much evil might be the 
 result. The suit was brought by a poor carman 
 against members of a powerful association, through a 
 prominent law firm, whose fee, almost of a certainty, 
 was contingent. Under such circumstances any over- 
 tures on the part of the association could not but be 
 damaging to the defendant. As a matter of course 
 the client would be governed by his counsel, who if 
 they were gentlemen would give gentlemanly answers, 
 or if blackguards they would reply accordingly. 
 
 In this instance the repl}' of the law firm to the 
 appeal of the Committee for a dismissal of the suit 
 illustrates more fully than could any words of mine 
 the character of the men composing it. Says the 
 lawyer Lockwood in the journals of the day: " Sundry 
 tools or knaves, perhaps both, styling themselves 
 the Vigilance Committee, have caused to be trans- 
 mitted to the firm of Lockwood, Tilford, and Ran- 
 
310 
 
 A BUSY MONTH. 
 
 dolph, the following resolution [given above]. As a 
 member of said firm, my only answer to the aforesaid 
 fools or knaves, in addition to the verbal response to 
 the bearers of the resolution, is, I do defy, deny, 
 spurn, and scorn you." 
 
 The formal reply of the firm displayed a spirit but 
 little more decent or truthful : 
 
 i 
 
 I 
 
 ■ 
 
 i 
 
 ! 
 
 "San Fsanoisco, July 7, a.d. 1851. 
 "Gentiahbn: 
 
 "We have received with astonishment a communication through your 
 hands, purporting to be an extract from the minutes of the proceedings of a 
 certain association styling itself the Vigilance Committee, in which we are 
 requested to withdraw the suit which we have instituted in behalf of Peter 
 Metcalf versus F. Argenti and F. A. Atkinson. 
 
 " We forbear to remark upon the folly, the presumption, the ignorance of 
 your own powers and of our character, and the entire disregard of the con- 
 stitution and laws, and the rights of your fellow-citizens, which that com- 
 munication betokens. 
 
 " You will, for our answer, say to those who sent you, that we need no 
 advice, and will submit to no dictation from the Vigilance Committee, col- 
 lectively or individually ; and that they may rest fully assured that we will 
 prosecute the suit of Metcalf versus Argenti and Atkinson, and all other suits 
 of a similar nature in which we may be employed, with the utmost of our 
 ability and to the end of the law. 
 
 "We remain, your obedient servants, 
 
 "E. A. LooKwooD, 
 
 "F. TiLFOBD, 
 
 "Edmund Randolph. 
 " To Messrs Sharron, Curtis, Bromley, and Spence, Committee. " 
 
 The result of this trial was a failure of the jury 
 to find a verdict. Nine were in favor of acquitting 
 the defendants, and three held out for nominal dam- 
 ages. The case was then taken to San Jos^, where 
 the jury found for the plaintiff in the sum of two 
 hundred dollars. 
 
 The speeches of the respective members of this 
 law firm on these two several occasions are models 
 of verbiage. Nothing could injure a cause more 
 effectually than such advocates. Listen : " Men and 
 brethren, awake from your false security 1 Heed not 
 those hireling and corrupt editors, who persuade you 
 
PROFESSIONAL RANTING. 
 
 811 
 
 bing 
 
 to surrender to the patriotic and disinterested Vigil- 
 ance Committee the custody of your character, your 
 property, your Uberty, and your lives. Heed not the 
 crocodile lamentations and hyena bowlings over f>etty 
 crimes, of those vampires who at midnight drain the 
 stream of life in your midst, and at mid-day repeat 
 their horrid orgies with triumphant demonstrations. 
 Murder, murder ten-fold more damnable than fel- 
 onous individual homicide, stalks your streets; not 
 shrouding its hideous aspect in murky darkness; not 
 screening its blood-stained hand in secret lurking 
 places; but with brazen front, in the open glare of 
 day, defying and trampling upon your constitution 
 and laws, and laughing to scorn the solemn mandates 
 of your highest courts of judicature." 
 
 Again: "What have those mushroom noblemen, 
 those sweet-scented, starch-collared, counter-jumping 
 aristocracy, who in one short night, by the foul 
 purchase of a goodly quantity of dirty ink and print- 
 ing materials, became suddenly metamorphosed from 
 cheating haberdashers and close-fisted, soulless money 
 dealers, into an august body of patriotic noblemen; 
 in the name of sense, what good have they accom- 
 plished for the community that they thus, with 
 haughty and supercilious air, challenge for them- 
 selves the highest niche in the pantheon of our 
 plebeian affections?" 
 
 On the subject of domiciliary visits in this connec- 
 tion, the Herald of the I7th of July makes the 
 following pertinent remarks: 
 
 "Domiciliary visits constituted the bugbear got up as an argument 
 against the Vigilance Committee, and it was represented in proclamations and 
 charges to grand juries as a tremendous stretch of power to seoi'ch the crib of 
 a confederate of thieves for property stolon from honest citizens, a power ex- 
 ercised in every state in the Union, and in every country in the world wh' ro 
 there is a police, and one which should be exercised by the police of this city 
 if they properly discharged their duty. By the exercise of this power we 
 remember that one police-officer recovered after a fire, about six months ago, 
 something like twenty thousand dollars' worth of property secreted in houses 
 on the outskirts of the city. It is a power which no honest man need dread, 
 
812 
 
 A BU8Y MONTH. 
 
 and which has never been exercised by the Committee except for the detection 
 of crime or the recovery of stolen property. The stress laid on this thing by 
 Mr Campbell and Mr Brenham is therefore very gratuitous. They should not 
 have permitted themselves to give expression to such platitudes. But the 
 present bugbear is constituted authority. With the voice of a Cassandra and 
 the tears of a Pecksniff one of our contemporaries lugubriously deplores the 
 calamity that must follow a disregard of the sacrodness of the judicial cliar- 
 acter, to wit, a disregard of the sacredness of Parsons. The courts must not 
 be interfered with ; they must be permitted to conduct business in the old 
 way, or the consequences to the community will be ruin and disaster. The 
 argument, in brief, is : The Committee must cease from the good work they 
 have in hand, or society will be thrown into chaos, and confusion and anarchy 
 will reign supreme. The old regime of the slnng-shot and the bludgeon must 
 be restored in San Francisco in order that officials may live. The city must 
 be periodically fired, houses must be robbed, safes broken open, citizens mur- 
 dered in the streets, bribery and false swearing must be encouraged in the 
 courts of law, and villainy of every caste and character must be permitted to 
 run riot in San Francisco, else there is to be forsooth an upheaving of society, 
 and a prostration of all the fabrics of civilization and morality. The citizens 
 are called upon to show their respect for courts by sacrificing their lives to the 
 assassin, and what remains to them of their property to the incendiary and 
 burglar. We need not ask the Committee not to suffer themselves to be ca- 
 joled into breaking up their organization. They have no intention of so doing, 
 and least of all, in answer to such representations. The citizens do not wish 
 to be again abandoned to the tender mercies of corrupt and treacherous officials, 
 or to have the city again swarming with miscreants of every grade. If tho 
 authorities feel hurt that the citizens take the law into their own hands, let 
 them resign. They know they are thoroughly and heartily condemned by the 
 people. They whine about their power being trampled upon. We say again, 
 let them resign. OflSce in their hands has brought forth no fruits but im- 
 punity for crime. An organization of criminals in our midst has been nursed 
 and fostered into growth and vigor by the guilty connivance of men in office. 
 Ample space and verge enough has been affoi'ded the thieves to carry on their 
 extended and systematic schemes of villainy. That is what law has done for 
 us. Do the authorities imagine the people will suffer the city to relapse into 
 this condition?" 
 
 I 
 
CHAPTER XXI 
 
 OPPOSITION TO VIGILANCE ADMINISTRATION'. 
 
 PatriotiBm is the last refuge of a scoundrel. 
 
 Dr Johnson, 
 
 I HOPE I shall not be misunderstood, or accounted 
 loose or lawless in my conceptions of constitutional 
 and statutory government, when I uphold, as I am 
 constrained to do, the people of California acting as 
 Committees of Vigilance in their several emergencies. 
 Forms of government and rules for the regulation of 
 judicial proceedings are essential to civilized society. 
 Christ's millennial reign has not yet begun upon this 
 planet. Until that time, or until the curses of law 
 and government are no longer necessary, I hold them 
 in profound estimation, for they are the savior of life 
 and property. Evils they are, and given us for our 
 sins; yet being necessary evils, should we not rather 
 call them blessings, and not evils at all? So, indeed, 
 we do call them when they are good ; when bad, they 
 are the evil offspring of their grandam evil. 
 
 I say that I respect law and government, lawyers, 
 law- makers, and governors — when they are respect- 
 able. In law and politics there may be, and are, 
 honest men; just as in stocks, railroads, banking, 
 butchering, carpentering, and white -washing, there 
 may be, and are, dishonest operators. All the good 
 men are neither crowded in nor crowded out of 
 any one profession or occupation. As a rule the 
 judiciary of England and America are as able and 
 upright men as under the present economy their 
 
 (313) 
 
814 
 
 VIGILANCE ADMINISTRATION OPPOSED, 
 
 Maker can expect them to be. Among the legal 
 profession of my acquaintance there arc those, nnd 
 many of them, as high-minded and noble men as ever 
 lived; men who would lose a right hand before it 
 should subscribe a lie, or a tongue before it should 
 counsel dishonor. These men, lawyers, judges, gov- 
 ernors, for their spotless purity of character, their 
 integrity and ability, I bow before. I honor them for 
 themselves, more than for the office they hold. Gold 
 is but gold, even though it be made into a calf. 
 Furthermore, I can safely say that there never have 
 existed on the earth free governments better adapted 
 to their respective peoples than the governments of 
 England and America. And to these I am over 
 ready to pay allegiance, as in duty bound. The good 
 man is in duty bound to respect the government 
 under which he lives, because by and for the righteous 
 element of the commonwealth it was established. The 
 virtuous citizen will not overthrow the law, because 
 for his protection, as against vice and criminality, and 
 at his cost, it was and is made and sustained. 
 
 It was not law and government that the vigilance 
 men complained of, but the lack of these. In the 
 outskirts of our civilization it has ever been the case 
 that the restraining influences of government are 
 necessarily weaker than in central societies, where 
 forms are more settled, officers more watchful, and 
 the machinery applied more perfect and smooth in 
 its running. 
 
 California committees of vigilance were composed, 
 for the most part, of men of good parentage and an- 
 tecedents, who had not departed from the faith of 
 their fathers. They were men of conscience. Respect 
 for their Maker and for his ministers, sacerdotal, 
 judicial, and legislative, had been early and continu- 
 ally instilled into their minds, made a part of their 
 being, and was their rule and watchword at the time 
 and in the midst of their most determined opposition 
 to crime as much as at any time before or since. 
 
FORM AND SUBSTANCE. 
 
 315 
 
 They who opposed independent action in the emer- 
 gency were such as in religion, politics, and society 
 respected form more than substance. They were 
 image -worshippers whose idolatry had long since 
 ceased to carry them beyond the symbol of their faith. 
 They were of the class to whom in the church purity 
 of belief and holiness of livinof were of less moment 
 than time-honored tenets, formulated creeds, and 
 church ceremonials. From childhood, by precept and 
 example, their minds had been moulded into set forms. 
 Form was ever uppermost in all their thoughts ; they 
 could see only form, handle only form, and conceive 
 only form. Shadow, not substance, was the calibre 
 of their imaginings. From the soul of things tlieii- 
 souls were forever barred by the skeletons of dead 
 maxims. They could not think beyond the crust that 
 interposed between their minds and eternal realities. 
 
 This, then, was the diiference; one contended for 
 the supremacy of form while the other saw only the 
 substance. One would see perish the substance if 
 only the form was maintained; the other would sacri- 
 fice the form, if need be, to the reality. 
 
 Between these two parties was to be fought. the 
 battle for the vindication of the right or principle of 
 the movement. Naturally enough ministers and bene- 
 ficiaries of the law regarded the interference of lay- 
 men with an evil eye. Though powerless themselves 
 with their rusty machinery to protect society, anarchy 
 and annihilation should come rather than the fair form 
 of their ancient idolatry should be desecrated by the 
 polluting touch of the uninitiated, or the ermine of 
 the bench be soiled so long as its purity should be in 
 their keeping. 
 
 At this time it was the habit of those .vlio favored 
 the Vigilance Committee to rendezvous informally at 
 the Union Hotel, while the law and order party held 
 their caucuses on the corners of the street in front of 
 some saloon. There they meditated upon the un- 
 happy fate of a people who had not such as they to 
 
316 
 
 VIGILANCE ADMINISTRATION OPPOSED. 
 
 rule over them, and speculated upon the proba- 
 bilities of official profit and loss in these degenerate 
 days. 
 
 But so sudden and so strong was the blow struck 
 by this organization of popular will, and so pusillani- 
 mous the law and its officers, that at the first there 
 was but little opposition to the action of the Com- 
 mittee. However unpleasant the pill, they took it; 
 howsoever they complained among themselves, few at 
 that time broke out m loud opposition. The governor 
 of the state, the mayor of the city, the sheriff, police, 
 and most of the lawyers and judges, were silent as to 
 the proceedings of the Committee of 1851. Some 
 offered gentle opposition, protesting merely to keep 
 up an appearance ; others were earnest or obstinate in 
 the discharge of their obligations to the law; but all 
 were reticent, all guarded well their speech. 
 
 Like Csesar prostrate with disease, majestic law 
 was now most humble; it remonstrated, but with 
 benignant mildness ; it resisted, but so gen^ as to 
 invite rather than repel advance — for w con- 
 
 sideration the people were devoutly thankfui. 
 
 There is no special blame to be attached to the 
 better class of the law and order party, to those 
 who honestly believed that the interests of the state 
 demanded implicit obedience to legislative enact- 
 ments, and that the letter of the law was paramount 
 to the spirit of the law. The several classes of this 
 party viewed the question from totally different stand- 
 points. 
 
 Beorinnintif at the lowest class : Criminals themselves 
 regarded law-courts with favor, because they were 
 their shield, their protector from popular fury, their 
 father-confessor and absolver. To the moneyed mur- 
 derer the courts offered absolute immunity from pun- 
 ishment. Not only this, but trial was equivalent to 
 amnesty; the jury's verdict was the general pardon 
 that consigned to oblivion past offences. This is no 
 random statement; the fact is fully substantiated by 
 
DISTORTED JUSTICE. 
 
 817 
 
 the criminal statistics of the time, 
 of July 4th: 
 
 Says the Herald 
 
 " It is now fourteen inontha since the district court went into existence. 
 And during the period from April 20, 18o0, to May 23, 1851, the whole 
 number of persons committed for trial at that court amounted to one hundred 
 and eighty-four. It is a startling fact that of this number but nine remain 
 now in custody, paying the penalty of their offences. Seven have been dis- 
 charged by tlio grand jury, six have died, and two have been pardoned. 
 Besides these nine some few others of the one hundred and eighty-four are 
 in prison awaiting trial ; but of the whole number, nine only are in custody 
 under sentence. Forty have been mlmitted to bail, and doubtless will never 
 again be heard of. Sixty-one have been acquitted and discharged by order 
 of the court, and twenty-one have escaped and have not been retaken. " 
 
 Petty and poor offenders only were punished. Able 
 counsel was secured by money, false witnesses were 
 suborned, and judges and jailers made lenient. I do 
 not mean to say that all officials, nor the half of them, 
 were open to bribery. Tliore were some as pure 
 judges on the bench then as now. Yet money, if not 
 directly, then indirectly, would buy acquittal or pardon. 
 Looseness and generality characterized law proceed- 
 ings. Money would impanel a jury favorable to the 
 accused; if not at the first, then the case would be 
 postponed from time to time, until characters suited 
 to the emergency of the case could be installed as 
 jurors. All the technicalities of court procedure 
 were employed for the acquittal of the accused. 
 Criminal cases were held in abeyance until witnesses 
 could be spirited away. So that criminals and all 
 those who lived by crime, either as its defenders or 
 prosecutors, wore from the very nature of the case 
 opposed to any interference on the part of the people. 
 
 Then there were the higher classes of various 
 grades who opposed the vigilance movement from 
 principle. From their youth they had been imbued 
 by precept and example with the importance of 
 forms, until the essence of things had become second- 
 ary. And as well might we look for water to refrain 
 from seeking its level, as that class-bias, and party- 
 
318 
 
 VIGILANCE ADMINISTRATION OPPOSED. 
 
 ( : 
 
 bias, and the bias of education, even in minds learned 
 and discriminating, should leave opinion untram- 
 melled. It is so easy to think ourselves honest and 
 intelligent in our beliefs where interest and pride of 
 opinion are at stake, that we should condemn only 
 where we are willing to be condemned. 
 
 In my dealings with the law and order party I 
 hope I shall do them no injustice. That I shall not 
 be influenced by feeling I am sure, for I entertain no 
 animosity toward them, or any one of them. I have 
 many friends and not a single enemy in their ranks ; 
 and while I would not willingly wound the feelings 
 of any, I deem it my duty, here as everywhere, 
 plainl}'^ to speak the truth as it comes to me — else I 
 cannot write. 
 
 Pet names were given the opposition by the appre- 
 ciative people, who in this manner often come nearest 
 the true character of a man or measure. They were 
 playfully called * law and disorder party,' * law and 
 murder party.' The law party was indeed without 
 order, and the order party without law ; one was law- 
 less, but loving order; the other full of law, but lack- 
 ing order. To one of the judges of the supreme court 
 was given the sobriquet * Mammon,' and to another, 
 * Gammon.' 
 
 Several cases of poisoning came up about this time, 
 which, from their nature and the inability of the 
 courts to reach them, called forth the following from 
 the editor of the Picayune, the 1 3th of June : 
 
 ! 
 
 " To know that such a transaction occurs in the heart of the city, and is 
 let pass without examination, without investigation of any sort, is suflS- 
 cient of itself to drive an outraged and injured people to the wildest acts 
 of desperation. Numbers of persons condemn the action of those who on 
 Tuesday night hung a wretch, guilty of arson and murder in one continent, 
 and of burglary, at least, in another. For our own part we regret that the 
 trial was conducted in secret, and by persons who were not delegated by the 
 people to act as jurors ; but when either the law is so imperfect or the ad- 
 ministration of it so lax as to suffer such deeds as the two recorded above to 
 be perpetrated, without not merely punishment, but investigation ; when it 
 is knoMm that within the past twelve months fifty-four murders have been 
 
THE BRODERICK CREW. 
 
 319 
 
 committed in San Francisco, we cannot wonder that honest men should be 
 driven into taking the law into their own hands, into constituting themselves 
 judges and jurors, and protecting themselves, wlien the law fails to do it, by 
 executing summarily persons detected in the commission of crime. A great 
 outcry has been made about the danger of secret societies acting in the 
 manner in which the Committee of Vigilance did on Tuesday night. Certain 
 timorous gentlemen seem to fear that they themselves, though guiltless of 
 crime, will be suddenly hurried oflf some dark night to a lonely place in 
 Happy Valley, and without a chance to speak to friend or family be choked 
 to death by Mr Samuel Brannan. Certain legal gentlemen, with an acute- 
 ness for which they are remarkable whenever their interests ai'e endangered, 
 (•ncouraged this belief; and the consequences are that a matter which should 
 have been dropped at once has been kept in agitation for several days. 
 The good eflfect which the lynching might have had on the rogues and 
 villains around town will all be dissipated, and the murderer and burglar 
 will walk around more daring than ever when they know that to the 
 sympathies ot the scoundrelly they can unite the folly of a large portion 
 of the honest citizens. For our own part we do not stand in any very great 
 fear of Mr Brannan ; we are inclined, too, to think Mr Ward quite a gentle- 
 manly and quiet personage ; Mr Battelle we don't consider a desperado ; nor, 
 in fact, in reading over the names of the Vigilance Committuo do wo see one 
 man who is quite as bad as Windred, Stuart, or Adams. lu fact they are all 
 pretty decent fellows. Neither do we fear that this Committee is going to 
 prove an inquisition in the city, nor its members decemvirs. Such a thing 
 will never be iittompted here, and if it were, the gentlemen composing the 
 Vigilant Committee would be the first indignantly to frowTi it down. We 
 liave no fear that an honest man is going to be hanged at midnight by them ; 
 and we confess the weakness of going to sleep with a greater feeling of security 
 from the knowledge that some of the members may be undor the window. 
 The secret society which is dangerous here is not this association of respect- 
 able citizens, but the organized band of Sydney scoundrels who meet at the 
 foot of Telegraph Hill and in back alleys near Pacific street. These men wo 
 dread ; and we have some little fear, likewise, of those men who make a rule 
 of standing between justice and the people on nearly every occasion. " 
 
 There was a strong opposition to the organization 
 of 1851, of which Broderick and his political retainers 
 were chief; but so secret and so rapid were the move- 
 ments of the Committee that the men of law and 
 order did not know when or where to strike. Had 
 it been known how few were actually engaged in the 
 execution of Jenkins he would probably have been 
 wrested from them by the officers of the law and the 
 movement crushed in its incipiency. Unlike the 
 more substantial and sedate organization of 1856, 
 
320 
 
 VIGILAXCE ADMDflSTRATION OPPOSED. 
 
 ! 
 
 I 
 
 whose strength lay in its moral anil intellectual 
 solidity, the material composing the Connnittee of 
 1851 was somewhat mercurial, though wily enough 
 to do its work and talk of the consequences after- 
 ward. 
 
 David C. Broderick in the early part of his career 
 was a professional politician of the New York type, 
 rough and self-reliant; honest as a rule in his in- 
 tentions, but often erroneous in his opinions. Born 
 in Washington in IS 10, lie was taken by his father, 
 a stone-cutter, to Xew York in 1825, where, when 
 grown, he kept a drinking-shop, ran with a fire-engine, 
 and manipulated primaries. Arrived in California 
 in 1849, without education, but with marked ability, 
 he became a hard student and let fly his ambition, 
 which carried him at length to the United States 
 senate. Possessed of many objectionable qualities, 
 he was not without redeeming traits. His ambition 
 Avas laudable, his perseverance indomitable, and his 
 habits exemplary. 
 
 On the 9th of July a meeting was held at the 
 house of the Saint Francis Hook and Ladder Com- 
 pany, with Broderick, McHenry, Bioe, Randolph, 
 and Duane as speakers. Resolutions were submitted 
 which were to be presented to the city officials for 
 their signatures, pledging the sigrxers, so far as lay in 
 their power, to prevent the infliction of punishment 
 without due process of law, rallying to the support 
 of the threatened, and defending him with their 
 lives. 
 
 At the autumn elections an independent ticket was 
 nominated by those who regarded party distinctions 
 in the political contests of this coast as obsolete and 
 foreign to tlie interests of the commonwealth. This 
 movement was charged by their opponents upon 
 members of the Vigilance Committee, who by thus 
 employing their organization for the furtherance of 
 their power were said to be but fulfilling their chiefest 
 aim entertained from the begiiming. 
 
POLITICS DECLINED. 
 
 821 
 
 Never was a statement more absolutely foreign to 
 the fact. All the interests and instincts of the class 
 composing the vigilance association were opposed to 
 meddling in politics. Money was what they wanted ; 
 protection for their property, and that safety for 
 themselves which would enable them to increase it. 
 It was a lack of that which was now charged upon 
 them — interest in the affairs of the government — 
 that had brought all this trouble upon them. If 
 from the beffinnino: the members of the Vi<xilanco 
 Committee had done their duty as citizens, and voted 
 honest and efficient men into office, there would have 
 been no need of their organizing a special crusade 
 against crime. As it was, they utterly repudiated 
 the act and intention charged. At a meeting lield 
 the 26th of August the Committee refused to recog- 
 nize the ticket in question, or any other ticket, and 
 resolved forever to abstain from any participation in 
 politics. 
 
 " Whereas," said they, " it is with deep regret that 
 we learn that a political ticket for the coming county 
 election has been put forth purporting to emanate 
 from certain members of this association; and be- 
 lieving it ruinous to the objects of our formation for 
 us to recognize any ticket of a political cliaructer, 
 resolved, that this Committee disavow all participa- 
 tion in the formation of the said ticket, and wish it 
 distinctly understood that they will in no manner 
 lend it their countenance or support as the Com- 
 mittee of Vigilance." 
 
 The 18th of June an inflammatory handbill was 
 posted about the streets, calling an anti-vigilance meet- 
 ing the following Sunday afternoon. It is remarkable 
 neither for its logic, good taste, nor truthfulness: 
 
 "MASS MEETING TO SUSTAIN LAW AND OIIDKR. 
 
 " TIio people of the city and county of San Francisco, republicans one and 
 
 Jill, arc called upon to choo',e now, ere it is too late, which they will serve — the 
 
 liuv and order power of our city, or the dictators and anarchists who have 
 
 lately disgraced our city by their lawless and criminal procecduigs, and are 
 
 Pop. TiiiB., Vol. I. 31 
 

 
 II 
 
 1^ 
 
 322 
 
 VIGILAKCE ADMINISTRATION OPPOSED. 
 
 yet endeavoring to assume unlimited and unlawful power in the punishment 
 of criminals. Even now they are going from door to door, from city to city, 
 soliciting desperate men to join their secret Committee, with a view to transfer 
 the criminal jurisdiction from our legally constituted tribunals into their owni 
 irresponsible hands, thus subverting all goveniment, all law, all justice, as 
 made and provided by the United States and our own state constitution. 
 Will ye. lovnrs of law, and order, and social compact, longer tolerate such men 
 in their creer of murder and subversion of tiic laws, among whom are those 
 guilty cf the very crimes they j)rofess to punish? Shall it be said that our 
 police is not of sufficient force to arrest these murderers, and our city officials 
 shall wink at their outrages, thus perjuring themselves? Shall we tolerate, 
 in this enlightened age, a Danton, a Robespierre, or a FoucIk^, and all the 
 paraphernalia of a secret inquisition for the suppression of our laws and 
 criminal courts? Then to the rescue of law and order from the hands of a 
 .secret inquisition, every good citizen, and without further invitation turn out 
 en wnHxe to a public meeting to be holden on the plaza, Sunday next, June 22d, 
 at three and a half o'clock, r. ir. , and there join in the general opposition to 
 the acts and further operations of midnight murderers ; and lot the civilized 
 world know that we can and will support law and order, and that our social 
 compact shall be as much observed by the wealthy criminal, public robber, 
 and law subverters, as by the lowly thief. 
 
 "Many Citizens." 
 
 It is said that tlie mayor interposed his influence 
 to suppress this movement, on the ground that no 
 benefit would come of it, but that on the contrary 
 such a proceeding would bro'^d only greater confusion. 
 
 "In the official report," says the Hercdil of August 5th, "of the pro- 
 ceedings of the Young Men's Democratic Association at their meeting on 
 Saturday evening, we find the following : ' Mr Randolph oflfered the following 
 resolutions, which were seconded but lost : 
 
 " ' Hmolred, That a true democrat must hold the constitution and the laws 
 of his country inviolably sacred, and scrupulously respect the forms of le'jal 
 proceedings, whorol)y life, liberty, or property is to be effected. That ve 
 ■will not give our support to any candidate for any office who individually or 
 as a member of any association has systematically and with premeditation 
 abridged any of the chartered liberties of the citizen, and especially who has 
 resisted or evaded the great writ of hahi'ix enrpm, or has hold persons to 
 answer for capital or other infamous crimes, otherwise than on presentment 
 and indictment by a grand jury, or has denied them the assistance of counsel 
 f)r the right of trial by jury, which the constitution of our state declares 
 shall be secured to all and remain inviolable forever ; or who has counselled 
 or approved, aided or abetted any other person in doing any of these things.' 
 
 "This places the question fairly before the people, and wo wish nothinj,^ 
 liettcr than that the issue may be made in tiie next election. The Star says 
 the resolutions wciv lo.^t, but we hope the association will revive them, and 
 
THE MAYOR SPEAKS. 
 
 323 
 
 cither repudiate or avow explicitly the principles thoy contain. Some of tho 
 gentlemen on the democratic state ticket, among them Mr Heydcnfeldt, tho 
 candidate for judge of tho supreme court, have approved and ahetted the 
 course of the Vigilance Committee. We desire now a distinct avowal on tho 
 part of the leaders of the democratic party whether those gentlemen are to 
 be blackballed by any portion of their own paxty at tlie next election ior the 
 expression of their opinions. " 
 
 The mayor of the city issues his pronunciaiaento in. 
 terms following: 
 
 "TO THE CITIZENS OF SAN FRANCISCO. 
 
 " We have arrived at an important crisis in the civil and social condition 
 and prospects of our city. A voluntary association of men has been formed, 
 under peculiar bonds to each other, >ind assuming most extraordinaiy and 
 irresponsible powers, and has undertaken to institute extra-judicial pi'i- 
 eiedings in forms not known to the laws. This association claims ■••ud ex- 
 ercises the right to inflict penalties upon those adjudged by them guilty of 
 crime, even to tlie ]>cnalty of death, and has publicly and boldly inflicted that 
 penalty in two inst^iuces. 
 
 "Tliey claim and exercise the right of domiciliary visits, without any 
 accounta)>ility, of a character not known under iiny other than inquisitorial 
 governments. The great and s icred writ of habeiis corpux has been rendered 
 by them incHectual, and the authority of the highest tribunal of the stat<! 
 disregarded. Tlie circumstances in which tho authorities ar.> placed in con- 
 sequence sei.'m to demand of me, as the constituted chief magistrate, some 
 action l>y which the views and purposes of the city govonuncnt, over wliieh 
 r have 1>eene;tlled to preside, may be indicated to the citizens, to the country, 
 and t J the world. The people of the United States, of whom we are proud 
 to be considered a part, have always attributed their eminence above almost 
 iiiiy other people in the scale of freedom and security in their rights to the 
 fact that they live under a government of laws of their own v'oluntary adop- 
 tion. Tlie people of California have taken perhaps a more conspicuous place 
 than those of any of the sister states, under a full recognition of that repub- 
 lican medium of public authority and of common protection. The several 
 departments of the only government which any man among us can possibly 
 acknowltdge Iiave been created by tlie constitution and laws, to wliich you 
 as well as the public officers Jiave given a common assent. These departments 
 liave been committed to the administration of men taken from among your- 
 selves, and they have entered uj)on their trusts, do.ibtless, with a firm reliance 
 upon the loyalty of their fellow-citizens to the constitution uid laws for a 
 steady support in the exercise of their respective functions. The obligation 
 of such a loyalty on the part of the people is unquestionably as imperative upon 
 them as any of the obligations of the laws can be upon those who are in- 
 trusted with their public administration ; and tlie violation of obligation on 
 the one side is as disastrous to the community as the abuse or pe.varsiou of 
 official station can be on the other. The idea that any defects in the law, or 
 
32t 
 
 VIGILANCE ADMIXISTRATIOX OPPOSED. 
 
 any incompetency of its execution, can he remedied l>y voluntary associations 
 of citizens, assuming a superiority to the laws, is not onlj' preposterous, but 
 implies an abrogation of all law, and resolves society into a state of perfect 
 anarchy. The result is inevitably the same, however intelligent may be the 
 inind.«, pure the motive, or temponirily beneticial the acts of those who become 
 80 associated. In a community like ours, where the institutions of govern- 
 ment have but just been established, any combinations of citizens for purposes 
 not authorized by law, and whose proceedings arc not controlled by law or 
 subservient to the support of constituted authority, can have no other than 
 an insurrectionary tendency throughout the commonwealth, and must to an 
 absolute certainty inflict disgrace upon us in the estimation of our country- 
 men in other parts of the Union, and ruin the confidence which it is of first 
 necessity to our prosperity to secure throughout the commercial world. With 
 these views I feel impelled, by the strongest sense of official duty, and by 
 every consideration for our common welfare and public character, to call upon 
 all citizens to withdraw from such association, and to unite in a common 
 cfTort to support the laws and to sustain a prompt and energetic administra- 
 tion of them in their proper application and action. In addition, I deem the 
 present a proper occasion to announce, in the most distinct terms, that I shall 
 not shrink from a prompt discharge of the duties which the statutes of the 
 state and the ordinances of the city have made imperative upon me ; and that 
 there may be no misapprehension in respect to what these duties m.iy be, I 
 have to call the attention of all citizens to the provisions of the act to regu- 
 late proceedings in criminal cases, chapter iv. I, however, appeal to the good 
 sense and deliberate judgment of my fellow-citizens to relieve mc, and the 
 other public functionaries of the city, by their common submission to public 
 order, from the necessity of any application of the requirements of that act. 
 
 " C. J. Brexium, Mayor. 
 "Matjor's Office, July 11th." 
 
 From the report of the grand jury for the special 
 July term I extract the following: 
 
 " There is another subject to which our attention \\n& been directed by the 
 presiding judge, in his able charge, which has occupied much of our time and 
 serious consideration. It is well known that a largo portion of our best and 
 most worthy citizens have associated thcmsolvca together, and witliout the 
 inter\x'ntion of our legal and constituted tribunals entered upon the investiga- 
 tion of tn'iminal charges against several persons, and executed sentence of 
 condcnuiation and death. Wlicn wc recall the provisions v' the constitution 
 of our govcrnmcut, which it is the bounden duty of every citizen to support 
 ami ijiiiiutain, tliat no person shall be lield to answer for a capital or otlicr- 
 M iso infamous crime unless on a presentment or indictment of a grand jury, 
 nor \w (lii)rived of lilV, liberty, or property without due pioeess of law, and 
 lintl ;il.j() the same pr()vi>iou and language in our state constitution, we feel 
 c(jU\ iiici'd, doubly (.onviuccd, while wc believe tlie members of that associa- 
 tion liave been governed by no improper motives, that their proceedings ai'c 
 
 di 
 
THE GRAND JURY. 
 
 325 
 
 Tinlawful and in ^•iolation of the fundamental law of the land. We fear, too, 
 the powerful example of those proceedinga may engender a spirit of insubor- 
 dination, or afford a pretext to other individuals or associations hero or else- 
 where in our state, who may not be governed by the same honest motives, or 
 restrained by the same careful investigation of facts, for the perpetration of 
 deeds of violence, which may lead to anarchy and abuses dangerous tf) the 
 lives and property of citizens. When we recall the delays and the inefficient, 
 we believe that with much truth it may be said the corrupt atlministra- 
 tiou of the law, the incapacity and indifference of those who are its .sworn 
 guardians and ministers, the frequent and unnecessary postponement of im- 
 portant trials in the district court, the disregard of duty and impatience 
 while attending to perform it manifested by some of our judges having crimi- 
 nal jurisdiction, the many notorious villains who have gone unwhippcd of 
 justice, we are led to believe that the members of that association have been 
 governed by a feeling of opposition to the manner in which the law has been 
 administered and those who have administered it rather than a >lcterinina- 
 tion to disregard the law itself. Under institutions so eminently popular as 
 those under which we live, the power of correcting all these abu.tcs is with 
 the people themselves. If our officers are unfit for the stations tluy imiipy, 
 if the laws are not faithfully executed, if an an-aigned criminal i)rocun.'s his 
 own friends to be placed on the jury that tries him, where is tlij fiuilt, and 
 where is the remedy? If those of our citizens who are most iiittrostcil in 
 lifiving good and wholesome laws, and in seeing them purely adininistiTcd, 
 will not give sufficient attention to our elections to procure proper and sober 
 legislators, judicial and other officers, and neglect to obey the mandates of our 
 ci)ui'ts when summoned as jurors and witnesses, as has been too often the case, 
 can they expect to see justice prevail? And is it not in the neglect of their 
 duties in these important particulars they may find the true fountain., from 
 whence have sprung manj' of the evils we have stiffered? The grand jurors, 
 l)elicviiK,', whilst they deplore their acts, that the associ.ation styling them- 
 selves the Vigilant Committee, at a great personal sacrifice to themselves, liave 
 been influenced in their actions by no personal or private malice, but for the 
 best interests of the whole, and at a time, ton, when all other means of pre- 
 venting crime and bringing criminals to deserved punishment had failed, hero 
 dismiss the matter as amtuig those peculiar results of circumstances that 
 .sometimes startle conununitics which they can neither justify nor by ,i jirc- 
 Kcntment effect any benefit to individuals or the country, and with the 
 assurance that there is a iletorminntion on tiio part of all well <lisposod eiti/.-^ns 
 to correct the abuses referred to by selecting proper ollioers to take the ]ilricos 
 of those who have violated their trusts, .-uid by perfonning each his part in tlie 
 iiihninistration of the laws. When tins is done, the axe will h.ive bctii '.aid 
 at the root of the tree, tlic proper remedy applied for tiic coiToction of tlio 
 grievous evils our city and county have so long suftV'red, and there will be no 
 necessity for the further action of that Committee. To them we are indibted 
 for much valuable information and many important witnesses." 
 
 In answer to this comes Levi Parsons, judufo of iho. 
 district court, and asks the court of sessions to strike 
 
326 
 
 VIGILANCE ADMINISTRATIOX OPPOSED. 
 
 out that portion of the report wliicli refers to the dis- 
 trict court. In his motion the learned judge indulged 
 in several assertions, to which the jury took exceptions 
 in the followinor terms: 
 
 o 
 
 " The undersigned, members of the late grand jury, deem it due to them- 
 8elvc3 to correct a few uiTors, wilful or otherwise, of the honorable Levi 
 Parsons, judge of tho fourth judicial district, made by him in his motion 
 before the court of sessions, to strike out certain portions of said grand jury's 
 report. Tho assertion that the names of but two witniisses were endorsed 
 on th -' back of the indictment of Hall and Spiers is correct. The assertion 
 tliat but two were examined, .md that the jury had listened to outside evi- 
 dcnee, is false; and tliey believe the honorable judge knew it to be so wlicn 
 be uttei'od it, it having been explained to him by one of the jurors, previous 
 to the visit of tlie honorable judge to Sacramento, that by some mi.stakc — 
 easily made in the press of business — tho names of tlie other witnesses were 
 accidentally omitted. He also stated that he had received a note from the 
 grand jury, disapproving of a certain or certam jurymen then trying tlic 
 above ease. This statement is wilfully and unqualifiedly false, no com- 
 munication liaving Imen sent the honorable judge by the grand jury, either 
 otlicially or individually. " 
 
 The court of sessions denied the motion of the 
 district judge holding that the grand jury possessed 
 the undoubted power to examine the conduct of public 
 otiicors and to express their sentiments on all public 
 affairs. ,' 
 
 Immediately after the execution of Stuart a fresh 
 charge was given the grand jury by the court of 
 sessions. The charge from which I extract the fol- 
 lowing was made by Judge Campbell, an able and 
 upright man. And what he says is true so far as it 
 goes. He throws off a series of general ])ropositions, 
 but hai'dly touches the real points at issue. To charge 
 the people with murder was simply judicial mud- 
 lliiiging; and to speak of liberty, constitution, and 
 legal safeguards in the connection was but a little 
 more of that political fustian of which the people 
 were alread}^ too tired. 
 
 " The court deem it their duty to call your attention to an event of tho 
 most startling and fearful character. Wo are informed that, yesterday, a 
 person by the name of Stuart was t'lkeu by an organized association to tho 
 Market-street wharf, in thi.s city, and there hanged by them ; that a large force 
 
CIIARGK OF JUDGK CAMPBELL. 
 
 (if 
 
 fol- 
 
 Liid 
 
 it 
 
 ind 
 ttlc 
 Iple 
 
 the 
 
 the 
 Iforce 
 
 j,iiartlo 1 t)ir w'.n-f to prevent tho success of any attempt which might he 
 made by tho puhlio olUcera or citizens to vindicate the law and rescue tho 
 deceased. Tliis outra'^e took place in the open day. It is wholly without 
 I'xcusc or juatilication. The qiiUiitiou haa now uriaen whether the laws made 
 by the constituted authorities of the state arc to be obeyed and executetl 
 or whether secret societies arc to frame and execute laws for the government 
 of this country, and to exercise supreme power over the lives, liberty, and 
 property of our citizens ; whether we arc now to abandon all those principles 
 which lie at tlie foundation of American law, and are the birthriglit of every 
 citizen, which from the earliu.st period of American history up to the present 
 time have evci' bi/ini cherished by the good, the wise, and the greit. Arc the 
 people willin;,' to throw away the safeguards wliich the experience of ages has 
 proved necessary, to triimplo the laws and constitution underfoot, to declare 
 that law is inconsistent witli liberty, and to place life, liberty, property, an<l 
 loputatiou at tho jnercy of a secret society? If such bo the disposition of 
 tile people; if the .Spani:ili UKjiiisition is to be revived hero, with all and more 
 tii.an all its former tcixors; if without, or in deliancc of, all legal ])roeess, by 
 tho mere order of a committee, men arc to be aiTcstcd, .secretly tried, .and 
 suddenly executed ; if the tap of a bell is to be the signal for hundreds of 
 armed men to a.s.semble iustantly together, and to execute, in open day, tlieir 
 unlawful and treasonable designs, it is time for every man who values his 
 life, siifety, and honor, to shako the dust from his feet and seek out some new 
 homo where he may hope to enjoy the blessings of liberty under tho law. 
 IJut if, on the other hand, ^VG have not quite forgotten the principles upon 
 which our government is formed ; if we believe that the constitution and laws 
 of our country should be reverenced and obeyed, and that public order ami 
 tranquillity sliould be preserved ; if we believe that persons accused of crime 
 should have an open, public, and impartial trial bj' a f.air jury of unpreju- 
 diced citizens, and should have a reasonable opportunity of making their de- 
 fence, of employing counsel and summoning witnesses: if we believe that the 
 gooil name and reputation of our citizens is to be protected from a secret 
 scrutiny, \\h«rc accusations arc made under the influence of fear, by persons 
 of questionable character; if we believe that our houses are to be protected 
 from nnreasonable searches, without color of authority, i.; is onr solemn and 
 l)onnden duty to take immediate and energetic measures for the suppression 
 of the spirit of reckless violence wliicii (jverrules thu laws and sets the con- 
 stitution at defiance. When you lir.3t asseml)lcd, the court called your atten- 
 tion to the unlawful execution of a man named .Jenkins by an a.ssociatiou nf 
 citizens. Wo considered tliat act as greatly palliated ^y tho eircum.stanees 
 imder which it was committed ; that the laws had been defective, and that 
 pcrliaps there had been some laxity in their administrat'on; that the county 
 had no suilicieut jail for the detention of prisoners; that crime had increased 
 to a fearful extent, and th.it a portion of the citizens, deeming that the law 
 afforded them no protection, had in tii.at instance undertaken to execute what 
 they conceived to be summary justice, in Wolation of the law, but with .-i sincere 
 •lesire to .advance the ])ublic uitercsts. We further stated that the law h.ad 
 Ix.'cn amended in many respects, so an to .secure tht- speedy trial and con- 
 viction of offeiidcrs, ami in aomc c-uc; vJ ineicasc tho measure of their 
 

 328 
 
 VIGILANCE ADMINISTRATION OPPOSED. 
 
 punishment ; that the county jail had been put in a proper condition for the 
 Haf<!-keeping of prisoners ; and we expressed the hope that no further attempts 
 would bo made to interfere with the legally organized tribunals of justice, or 
 to \vre8t from them their just powers and attributes. From the time of your 
 assembling the court, the grand jury and all the officers have been actively 
 and constantly engaged in the performance of their duties. At the time when 
 they were making every possible efifort to dispose of the criminal business of 
 the county, and when the court was in actual session and in the performance 
 of its duties, an association of persons, of armed and organized men, have 
 undertaken to trample on the constitution, defy the laws, and assume un- 
 limited power over the lives of the community. There is no excuse or pallia- 
 tion for the deed ; it is a gross and glaring outrage ; it seems to have been 
 done for the express purpose of hurrying on a collision between the courts, 
 and all fond of law and order on the one side, and the association referred tu 
 on the other. If the deceased was guilty of any crime, he could have been 
 immediately indicted, and within a week, or at most ten days, tried, con- 
 victed, and sentenced. Public justice could have been vindicated without 
 infringement of public law. Every person who in any manner acted, aided, 
 abetted, or assisted in taking Stuart's life, or counselled or encouraged his 
 death, is undoubtedly guilty of murder. It is your sworn and solemn duty, 
 which you cannot evade without perjuring yourselves, carefully and fully to 
 investigate this matter, and to do your share toward bringing the guilty to 
 punishment. Upon your fearless and faithful discharge of the sacred trust 
 confided to you depends in a great measure the future peace, order, and 
 tranquillity of the community. " 
 
 Coiumenting on which the Herald of July 14tli 
 
 says: i 
 
 " We would fain forbear commenting on Judge Campbell's charge to the 
 grand jury ou the execution of Stuart, but its judicial chijiaoter gives to his 
 speech on that occasion a gravity and importance that must render any 
 erroneous views ho has taken exceedingly unfortunate. It would take much 
 of I'xtKivagfiiice to lessen in the smallest degree the great respect cntcrtaineil 
 for Mr Campbell by his fellow-oitizens. In addition to the warm personal 
 esteem with which he is regarded, tlie most implicit contidence is reposed in 
 his olUcial integrity and zeal ; but in this charge we rc^'iet to say that he has 
 ussuincil positions wholly unwarranted by any legal necessity, and wantinj,' 
 tliat equitable and common-seu <e regard to tlic exigencies of society which 
 in every free country sliould mould and fashion the action of the judiciary. 
 Tlie judge is reported to have stigmatized the execution as an outrage, with- 
 out o.'ccuse or palliation, and every person who iu any manner acted, aided, 
 abetted, or assisted, or counselled, or encouraged, as undoubtedly guilty of 
 murder. We remember in this city many instances within tho last year 
 wherein good worthy citizens, who had never offended against the law, and 
 were useful members of society, were foully nmrdered for gold ; we remember 
 when Captain Jarvis, thiin whom a more manly, honest, kind-hearted man 
 ncv(;r lived, was struck down by the kuife of the assassin at his own door, 
 
JUDGE C.VMPBELL CRITICISED. 
 
 329 
 
 with his infant in his arms and his wife by his siile ; the murderers wore 
 never stigmatized by the presiding judge with half the rigor exhibited in this 
 charge of Judge Campbell against the Vigilance Committee for the publio 
 execution, after a fair trial, of a despcmdo whose lifu front childliood had 
 been a long series of bold and successful crimes. Now wo will take theso 
 two homicides, phrasing them legally, and we ask Judge Campbell if by any 
 process of reasoning he can satisfy any rational being that one is equally cul- 
 pable with the other? Again, the severest punishment which could be inflicted 
 on Stuart was death. The punishment of murder is death. But crimes de- 
 serving an equal punishment should be of equal atrocity ; therefore, in Judge 
 Campbell's view, there is no difference in guilt between the member of the 
 Vigilance Committee, who never committed a crime in his life, but who was 
 present at the trial and execution of Stuart, and Stuart himself, whose soul 
 was callous with a thousand crimes. Can he prevail upon any grand jury to 
 entertain so extraordinary a proposition? But this is absolutely nothing to 
 the inconsistency which follows. We believe there are between eigiit and 
 nine hundred men in the Committee. Besides these there were at a low cal- 
 culation two thousand five himdred persons present at the execution. It is 
 quite safe to say that three thousand persons witnessed the occurrence. Theso 
 three thousand persons did not make an effort to arrest it, did not protest 
 against it, did not by voice or gesture or word or deed oppose it. They are, 
 therefore, accessories, and according to the judge's charge undoubtedly guilty 
 of murder. He adds that it is the sworn duty of the grand jury, a duty they 
 cannot evade without perjury, to do their part toward bringing those persons 
 to punishment — that is, to indict tliem for murder. If, tlien, it be tlic 
 duty of the jury to indict them for murder, and if they be guilty, as the 
 judge solemnly pronounces them to bo, it is not for the idle ceremony of uii 
 indictment and trial, it is with a view to their punishment, tliat tlie gi-au<l 
 jury are instructed to bring in an indictment against those three thousand 
 persons, and tlie punishment of murder is death ; therefore it is the punish- 
 meut by death of tlireo thousand citizens which tlie judge's charge involves, 
 or, omitting the spectators, of nine hundred meu composing the Committee, 
 and all for such a man as Stuart, a thing of course never contemplated by so 
 kiiid-hcarted and benevolent a gentleman as Judge Campbell, who, apart from 
 the discharge of his judicial functions, estimates, we liave no doubt, as highly 
 as anybody the beneticial results of the Couimittee"a action. Tlie judge could 
 not then have charged the jury with the intention of having iuilicted on these 
 nine hundred men the punishment of death ; and therefore his charge, so far, 
 could not have meant anythuig. But is it a fit time to make charges tiiat 
 mean nothing, replete, too, with unmeasured denunciations of a large body of 
 litizens? We have not space to take up all the points in the judge's charge, 
 l)ut passing by minor things we come to this sentence: 'It seems to have 
 lieen done for the express purpose of hurrying on a collision between tlie 
 courts and all fond of law and order, on the one side, and the association re- 
 ferred to on the other. ' And a collision would have involved most probably 
 ti\e loss of many valuable lives ; and it is of this monstrous crime the judge 
 acciises the Committee ! Can he entertain the belief that a purpose so fiendish 
 would liave been coldly determined upon by nine hundred of our most esti- 
 
M 
 
 ■■•I 
 
 330 
 
 VIGILANCE ADMIXISTRATION OPPOSED. 
 
 inal>In citizens? But tlio jii(l<,'c charges the jury that such Hcenied to )w tlieir 
 intention, and according totlio order of the charge the iudiotmcnt woidd l>o for 
 wilful murder, witli intent to coinuiit a hreacli of tlie peace. Wluit nlmll wo 
 iuiy of tliis charge but tliut we reject it an apocryiilial, and that wo luuMt 
 bflievo the report to bo iuaeeurato and unjust. After all, let us ask in all 
 candor what moral wrong haa yet been done by the (^omniitteo? Society has 
 Ik'cii freed by death from two pests who made a livelihood by the de.ith and 
 robliery of the citizens. Four men who kept places of rendezvous for nuir- 
 derers, burglars, i.nd incendiaries have been sent out of the country. Has 
 society lust by tlie occurrences? Is there anything coiuiectcd with the lives 
 of those exccuteii which can excite synipatliy, or of those baiushed to cause 
 regret for their exile? The lives of those two men were long since forfeited 
 to the law, and any citizen would have been justiticil in killing them who 
 had detected them in the perpetration of any of the hundreil crimes tiicir 
 liaiiiU were stained with. Had the law been administered properly they 
 would have lon;^ I'nce died by the hands of the executioner. What moral 
 VTong, then, hci'i been committed? The law has been violated, it is n!i v'crcd. 
 Ay, the law ; but the Sablw th wjvs made for man, and not man for the SablMith . 
 and the citizen is not made for the law, but the law for the citizen ; and when- 
 over the law becomes an empty name, has not the citizen the right to supply 
 its deficiency? What more shall we say but that, though ditl'ering on every 
 point from the views held by .Tudge Campbell in his charge, we nevertheless 
 would not breathe a oyllabh; to shako the conlidenee that is justly reposed in 
 him, and which he has already earned by his learning, industry, and in- 
 tegrity, and his freedom from all vices, faults, and defects which disfigure the 
 character of other members of the judiciary." 
 
 H. S. Brown, associate justice of the court oT .-.u^ 
 sions, viewed the matter in a most sensible lij^lit. The 
 day after the execution of certain criminals by the 
 Vigilance Committee he sent in his resignation, and 
 for the following pertinent reasons: 
 
 ■'Notwithstanding scores of criminals have been tried, convicted, and sen- 
 tenced, and the criminal calendar nearly cleared, yet the people, without the 
 form of law, arrest, try, and execute their fellow-men. Twice, yea thrice, has 
 tins been repeated while the court was doing ail in its power to arrest crime 
 and bring offenders to justice. On each of these occasions the cause assigned 
 has been tlic inefficiency and weakness or corruption of the courts. Now if 
 the people have lost all respect for those who lill judicial places, believe them 
 eorrui)t, capable of being seduced by glittering gold, or if they expect that 
 courts, acting under the solemnity of an oath, can wilfully violate the lirst 
 principles of law, and disregard testimony, then I hold that it is the duty of 
 t!i<! members of the various courts to i-esign their position, that new ones may 
 be placed in their stead in whom the people have conlidenee, or elect those 
 who have no conscientious scruples in punishing those who may be charged 
 with (rime, wliether convicted legally and in accordance with the testimony ur 
 
 "^ 
 
GOVKRNOR McDOUfJrVL. 
 
 3.11 
 
 « thciv 
 I \w for 
 
 liall wu 
 must 
 : ill Mil 
 icty liiis 
 !ith nnd 
 or tnur- 
 
 ^. llliS 
 ,liu livu.s 
 
 to caUHi' 
 Forfciteil 
 icm who 
 loa their 
 i-ly they 
 at mui'iil 
 n 'vcrod. 
 8aW)ath , 
 lul wheii- 
 
 to snpi'ly 
 on cvury 
 ^'crthcless 
 •cpoaed in 
 , aiul in- 
 ligure thu 
 
 b. The 
 by tlio 
 III, autl 
 
 not. After the Heonca of ycaterday, coupled with the avowals as to the ciinsr 
 na tlioy appear in our public priuta, I wonM not longer occupy the position I 
 hiivu had for thu untold wcnltii of Califurniii. I trust, sir, tliu Nturin-oloud 
 may pons, tliut order and liurniuny may reign ; but I tremble lest iudiscrutiuu 
 plunge us into bccnc of bloodshed and discord," 
 
 John ^McDougal, fjovcrnor of tho state, hc\n>y duly 
 inlorniod of the cf adition of alfiiirs, in conforinity witli 
 his duty issued a pnjthuiiation warninj^ all good citi- 
 zens to al)stain from unlawful acts and from unlawful 
 comhinations. 13ut upon (ixainination ho soonied satis- 
 fied that the work nropf)sod by the Committee would 
 bo benelicial to public interests, and that an armed o])- 
 [josition would be harmful; and it was so agreed with 
 the executive that the work should go on, and that lie 
 would interpose no active opposition on the part of 
 the state so long a^i the operations of the Committee 
 should be confined to the sphere indicated, unless some- 
 thing then unforeseen should compel him to ado[)t a 
 diffei'ent course, in which event he would give tluMii 
 due notice. 
 
 Accordingly, throughout the active existence of 
 the first Committee, the governor properly main- 
 tained the attitude of nominal opposition only, thus 
 to maintain the dignity of the state, but found no 
 occasion to resort to active measures against the 
 Vigilance Committee. 
 
 The governor was severely reprobated as a generally 
 bad character by tho press and people both of the 
 cities and of the country. Yet so far as his official 
 acts and attitude toward the Vigilance Committee are 
 • •oneerned, I cannot see wherein he overstepped the 
 Itounds of magisterial propriety, unless, indeed, it was 
 \N hen he approved in words of the doings of the asso- 
 ciation and bade them G(xl-speed. 
 
 It was not, however, his pretended opposition to 
 the vigilance movement which was contemptuously 
 regarded, but the ease with which he pardoned 
 notorious offenders, convicted after great labor and 
 expense. 
 
VIGILANCE ADMINISTRATION OPPOSED. 
 
 Following is the governor's manifesto; 
 
 "ExECTTTivE Depabtment, Valiejo, July 21, 1851. 
 "To the People of t/ie State of California: 
 
 "It has been represented to me that organizations of citizens styling them- 
 selves vigilance committees have been formed in various portions of the 
 state and assume powers inconsistent with the existing laws, and serious ap- 
 prehensions arc entertained of collision between the constituted authorities 
 and the citizens thus organized; and it becomes my duty to take some step 
 by which so great a calamity may be averted. It is earnestly hoped that a 
 few simple and practical suggestions may serve to secure this desirable end. 
 No security of life or property can be guaranteed except the constitution and 
 laws are observed. Let these be forcibly dispensed with, their sacrednesa 
 violated, and submission to their authority refused, and we are reduced to a 
 state of anarchy more dangerous in its tendencies and probable results than 
 the worst laws under our system can }K>s8ibly be, no matter how corruptly 
 administered. We are just entering upon our career ; our character is not yet 
 formed, and people from all climes and all countries are flocking to our shores. 
 It then becomes us to take no unadvised step which shall retard our progress 
 now or prejudice our claims to a high and commanding stand hereafter. 
 But more than this, we owe it to ourselves to impress upon the strangers who 
 have settled amongst us, unacquainted with and perhaps entertaining preju- 
 dices unfavorable to the practical operation of our peculiar institutions, that 
 our governuicnt is a government of laws, and that though tliey may some- 
 times prove inade(piato, soinctinies operate oppressively or bo admiuistcrotl 
 corruptly, the remedy is not in a destruction of the entire system, but is to 
 be scoured by a peaceful n-sort to those constitutional means which arc 
 wisely afforded to reform whatever abuses may exist and correct whatevci- 
 errors may have been committed. The occurrences of the past three or four 
 wei.'ks, the apprehension of individuals within the jurisdiction of legally con- 
 stituted tribunals, their trial, sentonoo, .lud execution, v/ithout authority of 
 law, liy a voluntary a.ssociation of citizens, who thus virtually place them 
 selves above and beyond all law except that prescribed by and for themselves, 
 ■will prove suliiciently prejudicial to our interests abroad, conmicrcial and 
 otherwise, if sueh organizations, assuming such unouestionably dangerou.s 
 ])owcr8, were now dissolved; but if continued there is no calculating the ex- 
 tent of the injury which may result to us as a state. The dangerous tendencies, 
 in other re.<pects, of organizations of the character under consideration, tlii> 
 excitement produced in the public mind conseciucnt upon their action, I'csist- 
 ance to the eon.stituted authorities, which must almost inevitably result, and 
 threatened collisions between themselves and officers of the law in the exeeu 
 tlon of their duties, cannot but be appreciated and deprecated by every right 
 thinking and patriotic citizen of the state, and need not, therefore, bo dwelt 
 upon here. Whatever may have been the exigency heretofore existing, 
 recjuiiing, or supposed to reijuire, the iuloptiou of extraordinary measures on 
 the part of the citizen, it has now happily in a great degree passed, anil 
 such measures should, on this acco\nit if on no other, be at once abandoned. 
 
THE HERALD'S REPLY. 
 
 333 
 
 Another criminal code, with more efficient provisions, attaching adequate 
 penalties to the commission of ofTences, and directing a more prompt and 
 effective administration of justice, has gone into operation. Courts are now 
 enabled to try, sentence, and execute aa the offence deser\'es ; safe and secure 
 prison houses are being provided, and the olBcers, there is reason to believe, 
 iire ready and anxious to discharge the high duty imposed upon them by the 
 lieople. I cannot do less, therefore, than earnestly recommend to my fellow- 
 citizens everywhere throughout the state to aid in sustaining the law, for in 
 tliis is our only real and permanent security. Associations may be organized, 
 but they should be formed with the view to aid and assist the officers of the 
 law in the execution of their duties, and act in concerc with the civil authori- 
 ties to detect, arrest, and punish criminals. By pursuing this course mui-h 
 good may, and undoubtedly will, be accomplished, and all the dangers which 
 threaten unlawful assumptions of power thus averted. Inefficiency will not 
 then secure impunity to crimes, nor dangerous criminals be permitted to go 
 uuwhipped of justice. It is my sworn duty to see that the laws are executed, 
 and I feel assured that all good citizens will cordially cooperate with me in 
 its discharge. 
 
 "John McDouoa;., Governor. " 
 
 uistertHl 
 t>ut is to 
 licli arc 
 whatever 
 or four 
 Lily con- 
 lority I't 
 them 
 mselves, 
 cial au'l 
 ngerois 
 the ox 
 ilcncio?^. 
 ion, tilt' 
 resist - 
 nit, auil 
 execH 
 ■y right 
 jc dwelt 
 •xisting, 
 surea on 
 led, anil 
 idoned. 
 
 On this the Herald of July 23d remarks: 
 
 "This communication is styled a proclamation by the democratic organ, 
 but we presume this to be a mistake. It doubtless was not intended as such 
 by the governor, as it bears none of the marks or signs of such a document, 
 except that it is rather weak and is dated from the executive department. 
 The suggestions, for any practical effect, are as harmless aa a bread-pill, and 
 beiug emanations of the executive mind they will doubtless be receive<l by 
 the people to whom they are addressed with respectful indifference accord- 
 ingly. We are by no means disposed to find fault with the governor for 
 l)iitting these suggestions on paper and publishing them. It is not every 
 Kovernor who has sufficient strength of minil to enable him to resist the temp- 
 tation the occasion throws in his way of uttering half a column of wise saw 
 and modem instance advice ; and the fact that the premises on which this 
 ruunscl is based are erroneous, or rather that the necessity urged for its utter- 
 iiuce is imaginary, but renders its promulgation the more innocuous. Tlie 
 letter is a very mild letter, and in its tenor pointless and Pickwickian as could 
 lie desired. If all Governor McDougal's ollieial and uaothcial acts are ns in- 
 nocent as this epistle, he will go out of otiico a very jiopuliir governor indeed. 
 Tiio governor, liowever, us we have said, falls into a grave mistake, lie 
 JiUeges that apprehensions are entertained of a collision between the consti- 
 tuted authorities and the citizens, and declares his suggestions are thi'owa 
 out with the view of averting this calamity. We assure tlje governor tiiat 
 •siieh apprehensions are wholly groundless, and the authorities, if tliey enter- 
 t.iiu them, may set themselves entirely ut rest as to tiie oceuneneo uf sueli a 
 eatastrophe. Tlie Vigilance Conunittee have avoided it from tiie commence- 
 nu'ut. Tliey have treated the writs and other i)rocess of tlie courts with 
 I milked respect and deference. The officers of the law have been received 
 
334 
 
 VIGILANCE ADIkriNISTRATION OPPOSED. 
 
 
 if' ' 
 
 at the committee rooms with signal courtesy, and no interference has been 
 attempted with the culprits already in the hands of the judges. If any eflfort 
 haa been made to produce a collision it has not been made by the Committee, 
 and should any yet be made and be aucessful, it will be without their instru- 
 mentality. But of such a result there is not the slightest probability, and 
 indeed scarcely a possibility. The moderation which has hitherto character- 
 ized the course of the Committee will still mark their progress to the end. 
 Their prudence in the past is the strongest guaranty for their prudence in the 
 future, and the band of criminals which infested our coimnunity being ut 
 length broken up, the functions of the Committee will by degrees assume the 
 character not only of a detective police but also of an organized censorship 
 of the courts. We cannot believe, then, that the authorities will seek a col- 
 lision with the Committee, as there will be no pretext for such a course ; and 
 both parties strenuously avoiding it, the governor will see that there exists 
 absolutely no necessity for his suggestions. It is needless, therefore, to go into 
 the merits of his advice. One impression of the governor we desire to set 
 right. He says there is every reason to believe the judges are ready and 
 anxious to discharge the high duty imposed on them by the people. This \h 
 but partially correct. The community have every confidence in Judge Camp- 
 bell; they have none at all in Judge Parsons, and so of others. Let tlm 
 obnoxious judges resign the trust they have abused, and there will be no ne- 
 cessity thereafter of executive pronunciamentos to uphold the dignity of the 
 bench." 
 
 ' fi^ I 
 
CHAPTER XXII. 
 
 WHITTAKER AND McKENZIE. 
 
 "Arcades ambo," id eat, blackguards both. 
 
 Byron. 
 
 Hetherinoton, in his evidence at the trial of Stuart, 
 gave one Sam Whittaker the credit of being the 
 smartest thief in the gang. He had been transported 
 for life in 183(5, and sent from England to Sydney, 
 there to figure as a gentleman and prince among the 
 convicts. However proud Whittaker may have been 
 of his talents among friends, he did not relish tlicir 
 discussion before the rogue-exterminators, with a 
 manacled comrade doomed to death standing by to 
 give particulars. So he thought best to take a trip 
 down the coast. Assuring the delectable Mrs Hogan 
 that he would meet her at San Diego, h(^ started on 
 liis journey by land. But the vigilants were soon on 
 liis track, and the authorities along the route had 
 warning of his approach; he thereupon changed his 
 tactics and went north, to throw them off the scent, 
 still determined, however, when once he had baffled 
 thorn, to proceed southward. His movements were 
 i'ollowed, and McDuffie and others were appointed a 
 conunittee to go in search of him. They went first 
 to Stockton, and thence to Chinese Camp. They 
 scoured the country round Jamestown, Ceorgetown, 
 and Shaw Flat, hearing of liim occasionallv but with- 
 out further success. From the Stockton Conunittee 
 of Vigilance they took a letter to the Vigilance Com- 
 mittee of Sonora, where every facility and encourage- 
 
 [335] 
 
336 
 
 WHITTAKER AND McKENZIE. 
 
 ment was given them. Their search, however, was 
 fruitless, and they returned to San Francisco and 
 reported to the executive committee the 19th of 
 July. 
 
 All the while the game was in the neighbor- 
 hood, eluding search. Hethcrington was right in 
 giving AVliittaker credit for ability. It was a most 
 difficult and dangerous feat, that of flitting from place 
 to i)lacc among a community of armed miners, every 
 one a self-constituted special police. But Whittaker 
 did not leave Sacramento until the 29th of July. 
 He then took a southerly course, and all went well 
 as far as Santa Barbara. There he was recog- 
 nized, arrested, and sent back by steamer to Sau 
 Francisco. 
 
 One morning — it was the 11th of August — as 
 James C. L. Wadsworth was sitting in his office, in 
 the old California Exchange, on Kearny street, Joseph 
 C. Palmer, of Palmer, Cook, and Company, entered 
 and stated that Sheriff Hearne of Santa Barbara 
 county nad a moment before been in his office, mis- 
 taking it for the office of Colonel Hays. He had 
 brought from Santa Bdrbara a jjrisoner named Whit- 
 taker, whom he wished to deliver to the sherift' 
 of San Francisco county. Palmer explained to him 
 his mistake, directed him to the sheriff's office, and 
 then immediately stepped over and informed Mr 
 Wadsworth. 
 
 Whittaker was then on board the steamer Ohio, 
 lying at Long Wharf Wadsworth hurried down, and 
 meeting on the way James F. (Jurti.s, induced him to 
 assist in taking Hearne's prisoner to the Committee 
 rooms. Arrived at the steamer they found the captain 
 at Ijrealdast. 
 
 " Captain," said Wadsworth, "you have Whittaker 
 on board." 
 
 " What's that to you?" growled the captain, in 
 aflable ba,sso profunda. 
 
 " We want him," said Wadsworth, significantly. 
 
BROUGHT TO BAY. 
 
 337 
 
 Ohk\ 
 i\, and 
 jim to 
 luittoo 
 
 iptaiu 
 
 ttakcr 
 iiu, in 
 
 " Have you authority to take him?" grinned the 
 captain. 
 
 " Yes." 
 
 " Go down in the hold and get him." 
 
 Descending, they found Whittaker with his legs 
 ironed. 
 
 " Get up and come with us," said Wadsworth. 
 
 "Where to?" demanded Whittaker. 
 
 " Up town to a safe place," replied Wadsworth. 
 
 Whittaker assented, but on reaching the wharf held 
 back. 
 
 " Where are you going?" said he. 
 
 "Come along; it's all right," was the reply. lie 
 went without further opposition, hoping, yet fearful, 
 and was marclied straight to the quarters of the dread 
 Committee of A'igilancc. 
 
 When Wadswoitli returned to his office the Santa 
 Bdrbara sheriff was there awaiting him. Hearne was 
 neither offended nor chagrined, but seemed to accept 
 what had been done as right and proper. He seemed 
 only concerned about ])ay for expenses incurred in 
 bringing up the criminal; and when Wadsworth told 
 him if he would execute a writing formally delivering 
 the prisoner into the hands of the Vigilance Com- 
 mittee he would pay the amount, Hearne unhesi- 
 tatingly did so, and Wadsworth immediately paid him 
 the money. 
 
 On the next page is given a fac-s'tmile of the bill 
 by the steamer Ohio for the passage of Hearne, his 
 deputy, and Whittaker. 
 
 Another old offender, Robert McKenzie, or Mc- 
 Kinney, was caught and incarcerated, and Mrs Hogan 
 was made to attend the call of tlic executive com- 
 mittee. McKenzie and Whittaker both made confes- 
 sions, each unknown to the other. The confession of 
 each was submitted to the other, and both to Mrs 
 Hogan ; Stuart's confession was likewise submitted to 
 all, and all were verified. McKenzie, who was arrested 
 at Sacramento, had taken part in the Minturn safe 
 
 Pop. Tbib., Vol. I. 11 
 
338 
 
 WHITTAKEB AND McKENZIE. 
 
THE LAW AROUSED. 
 
 339 
 
 robbery, and made the tour of Trinidad. A number 
 of persons about this time were shipped out of the 
 country; one Otis, a horse-thief, was convicted and 
 hanged by the people at ^lonterey. 
 
 There were two classes of the Sydney fraternity, 
 representing the brain and muscle powers respectiv cly. 
 The former active, bright, and shrewd, skilful in plot- 
 ting and bold in executing; in conversation intelligent, 
 in manner affable, and in dress genteel. These were 
 the leaders. Those of the other class were inferior 
 and born to obey. The former were gentlemen forg- 
 ers, highwaymen, and safe-robbers ; the latter bruisers, 
 slung-shot strikers, and pick-pockets, of low tastes and 
 brutal demeanor. To all these liouieless and forlorn 
 rascals California was a godsend; a worthy land; a 
 country fit to rob, and — be hanged in! 
 
 Whittaker, like Stuart, belonged to the knightly 
 order of scoundrelism ; McKenzie was base-born and 
 churlish. Ryckman says: "McKenzie I took to be 
 an Irishman; he was a miserable specimen; a mon- 
 strous, cowardly wretch. Whittaker was as brave as 
 Caesar; lie was the only man wliose execution I re- 
 gretted; he exhibited so much manliness that he won 
 my admiration." 
 
 The Conunittee now besfan to surrender its criminals 
 to the courts; and the alacrity with which the law 
 seized its prey showed present hunger and fear of 
 famine, while the new life infused into drv bones and 
 the rapidity of movements under the stimulant given 
 1)V the Committee, and the fear of ultimate loss of 
 occupation, was wonderful to see. Instance the case 
 of Jinnny-from-Town, one of the Stuart brotherhood, 
 surrendered by the Vigilance Committee to the sheriff 
 at one o'clock on the morning of July 24t]i, 1851, and 
 by eleven o'clock the same day the grand jury had 
 found an indictment, and had the trial fixed for the 
 following day. 
 
 About onr o'clock on the morning of July 21st 
 Charles Duane, sometimes called Dutch Charlev, 
 
.'t40 
 
 WHITTAKER AND McKENZIE. 
 
 Knight of tho Bloody Fist, with Ira Cole, his squire, 
 forced his way into a dancing-room on Commercial 
 street, and denoting his intention to kill a Mr Ball, 
 who had called in question the purity of the shoulder- 
 striker's reputation on certain occasions, proceeded 
 forthwith to attack that individual. After permitting 
 the man of injured honor to knock down and nearly 
 kill his enemy, the company finally placed him under 
 arrest. He was tried and convicted of assault with 
 intent to kill. But was he punished? This was an 
 aggravating case. Duane was an old offender; the 
 assault was made with scarcely any provocation. The 
 desperado, being angry, sought the shortest way to 
 relief. He had caused the community and the Com- 
 mittee much trouble at various times. He was ar- 
 rested and tried; objections were made to every 
 member of the Vigilance Committee summoned to 
 serve as juror. 
 
 The courts, though gladly accepting aid from the 
 Committc in the capture of criminals, still regarded 
 its members more in the light of outlaws than good 
 citizens. Convicted at a term of the court of sessions 
 of assault with intent to kill, Duane was sentenced 
 to one year's imprisonment, but was pardoned by the 
 governor. The pardon called forth several adveise 
 comments from the press, and the people at large 
 were disappointed. "Qui pardonne aisement invite 
 a I'offenser," says Corneille. But little cared Mc- 
 Dougal for abstract principle. Could he be governor 
 and leave a friend in prison ? Says the Herald of the 
 10th of September: 
 
 "In tho law intelligence will be found a report from the grand jury, pre- 
 sented yesterday to the court of sessions, censuring the executive for the 
 extension of a pardon to Charles Duane. Although we do not hold that the 
 governor of the state is bound on every occasion to vindicate his official acts 
 in the public journals, yet as Governor McDougal has already, in one instance, 
 made a public statement in justification of his reprieve of Robinson, we think 
 he should, in justice to himself as well as to evidence his respect for public 
 opinion, state publicly the reasons which have moved him to this exercise of 
 clemency, and the names of the citizens who signed the petition for this man's 
 
PAYRAN AND RYCKMAN. 
 
 n4i 
 
 ivite 
 
 iMc- 
 
 trnor 
 
 the 
 
 discharge. We think so, because there is a strong feeling of dissatisfaction 
 in the public mind at Duane's liberation ; and in proof of the existence of this 
 feeling we would refer the governor to the report of the grand jury. This 
 city has recently passed through scenes of fearful excitement ; the man Duane 
 committed an ofTence which brought down upon him the intensest popular in- 
 dignation. The measure of his punishment, one year's imprisonment, scarcely 
 answered the requirements of this indignation. That this period should now 
 be shortened by the interposition of a pardon, has generated, as wo have said, 
 a feeling of deep dissatisfaction. 
 
 "God forbid we should l)e supiwsed desirous of interposing, as the advocate 
 of unrelenting justice, Ixitwecn the active exercise of humane clenieucy and 
 the man hurried by passion into uncontrollable excesses, and afterward con- 
 trite and repentant of his infraction of the law. 
 
 'The qiinUty of merry Is not titrntnnd; 
 It blcHKi'tli him that p.ivea nud him thut takes; 
 It U iin ittti'ibiite to Ood himself, 
 And earthly powi r ilotli then tihow likest OtxVs 
 When raircy Hcssons Justleo.' 
 
 "But here is a man regarded by the community as dangerous to its peace, 
 so constituted by nature as to be imablo to curb his own propensity to mis- 
 chief, and therefore most unfit to be flung into an inflammaljlo society, where 
 even the voice of the courts, hitherto tardy in administering justice to tlic 
 culprit, has adjudged him incapable, witliout evil cousctjucnccs, for twelve 
 months at least, of mingling freely with his fellow-citizens. 
 
 "The grand jury in their report say th.at 'the late act of the executive of 
 this state in pardoning a certain criminal after ho had been tried and convicted 
 of a wanton assault on a citizen, whose only offence connisted in a desire to 
 discharge l.'.s duty to the public, is such a monstrous abuse of the pardoning 
 power as to cause serious alann. If the prisons arc to bo tlirown open at the 
 will of the executive to men of such character, the judgment of the courts, 
 while acting in behalf of tlio people, will be set at defiance ; all protection to 
 unoffending and peaceable citizens will be withdrawn, and grand and petit 
 jurymen will have to protect themselves, not by the laws of the state, but by 
 force of arms.' When asked to give the names signed to the pardon the 
 governor declined." 
 
 When Whittakcr was brought into the Committee 
 room, Payran as usual began to examine. But tlie 
 arch-inquisitor on this occasion was evidently not in 
 liis usual happy catechetical mood. The bloody 
 l)rothers, as against the world, were most lovingly 
 united; but among themselves they enjoyed their own 
 little infelicities. Suh rosa, Mr Payran was not in 
 possession of his full magnetic powers that day. Ap- 
 jilying the loadstone of his wit to the porcelain surface 
 
34-J 
 
 WHITTAKER AND McKENZIE. 
 
 1 11 1 I 
 
 of the versatile Whittakcr, no sediments of sin ad- 
 hered to it. A short, hollow negative was the only 
 reply he received to every question. To threats he 
 was as imperious as a steel-clad warrior to a shower of 
 feathers. Finally Ryckman took the impotent inquis- 
 itor aside and said: "Payran, this won't do. That is 
 no way to examine this man. You cannot intimidate 
 him. Do you not see that he is strongrwilled, fearless, 
 and of iron nerves?" 
 
 "Well," replied Payran, "examine him yourself, if 
 you like." 
 
 "Very well," exclaimed Ryckman, "I will do it. I 
 think I know more of human nature than you do — 
 to-day, at all events." 
 
 These sociot3'-woeders, some of them, entertained 
 no mean opinion of themselves. With experience and 
 power eamo pride of opinion, in which garb they did 
 not always appear to their best advantage. Ryckman 
 took a seat beside Whittaker and began : 
 
 " What is your nationality { ' 
 
 " 1 am an Englishman." 
 
 " Have you a father living?" 
 
 "Yes." 
 
 "A mother?" ' 
 
 "Yes." 
 
 "Any sisters?" 
 
 " Two," said the poor fellow, already softening. 
 
 " Whittaker," said Ryckman, earnestly, "what must 
 be the feelings of your father, mother, sisters, when 
 they learn of the awful acts and end of one they love : 
 con\ictcd and executed lor infamous crimes in a for- 
 eign land? Think of it — misery, disgrace, death!" 
 
 "0 God!" he cried, as if now, with the tears that 
 began to flow, his soul was wrenched from its fixed- 
 ness in sin, "I have been bad, very bad; but let me 
 tell you about it." 
 
 "Stop," said Ryckman. "Listen to me. Do not 
 make any confession with the expectation that it will 
 mitigate the least your punishment if you are found 
 
THE HEART OF VILLAINY. 
 
 MX 
 
 fuilty. I feel for you, but feeling and duty I divorced 
 efore entering upon this mission. I will leave you 
 now and return in an hour." 
 
 Ryckman sent him a mug of ale; then he took a 
 position at an aperture in the partition where he could 
 watch him unoLserved. The prisoner seemed much 
 disturbed, and at times apparently suffered great 
 agony of mind. Solitude seemed unendurable to him. 
 Long before the hour had expired, the door-keeper 
 appeared. 
 
 "Whittaker says he must sec you." 
 
 "What is the matter, Whittaker?" asked Ryckman 
 as he entered the room. 
 
 " Mr Ryckman," he exclaimed, "you arc the first 
 man who has ever touched my heart. The world has 
 hunted me as if I were a UKMistor; you alone have 
 spoken to me as to a human being. I mu.st make a 
 confession to you; if not, I shall burst." 
 
 This man and McKenzie were tried by the Com- 
 mittee in the usual way. But the great ulcer having 
 been opened through the medium of the arch-thief 
 Stuart, the later trials were void of interest or ex- 
 citement. The confessions are woithy of perusal by 
 those who care to know the character and course of 
 criminality in those days. What Whittak< i- says 
 of himself runs essentially as follows: 
 
 me 
 
 not 
 
 will 
 
 l^ound 
 
 "I left Sydney about two years ago by the ship Louisa, Captain Malor; I 
 arrived in Sau Francisco in August, 1849; I got my freedom from Governor 
 Fitzroy; it was a conditional pardon. The first business I began in San 
 Francisco was as steward in a public house kept by Cocksteiii, on Broadway; 
 I W!is in his employ about three months. After leaving him I bought u horse, 
 cart, and boat; employed men to work the team and bojit for two months. 
 Then I went to butchering in Happy Valley, and carried it on for a year ; 
 afterward kept a public house on Jaekson street, near Sansome, known aa the; 
 Port Philip House, with McConnick ; I gave it up at the end of two month.s. 
 
 " My name of Samuel Whittaker is assumed ; it is the mune under which 1 
 was transported. I desire to suppress my real name for family eonsideration.s, 
 and as an act of humanity. I liegan my career of crime in San Francisco at 
 the time I formed my connection with McCormick in keeping the Port Philii> 
 House. Before this, while butchering, I used to ride my horse two or three 
 times a week to the Mission Dolores to purchase cattle. Sancliez ofifered ma 
 
.m 
 
 WHITTAKER AND McKEXZIE. 
 
 a splekdid marc at one liundrcd and fifty dollars, which I refused to buy on 
 account of price. Jamca Curry came to me and said the mare was his. Finally 
 I bought the mare, saddle, and bridle for one hundred dollars, and Curry came 
 in with me. I paid him, taking a receipt for the some, then rode the mare 
 around; while doing so a man 8toppe<l mo and said the mare belonged to 
 Dutch Charley, was stolen, and had been advertised. Finding this true I gave 
 tip the marc and looked for Curry; found him, altered in dress, about to leave 
 town. I took him to EUeard'a, and there charged him with stealing the mare 
 and demanded my money Imck ; lie gave me sixty dollars. Then I took him 
 t<> Dutch Charley; Charley knocked him down and took him to the station- 
 house. The sixty dollars wns taken from me, to bo handed back after the 
 trial. 
 
 " I was summoned ; attendoil court; the trial did not come off. Jack Hay.s 
 put me on a jury to try a man charged with stealing a pistol; wo found liini 
 guilty, and he was sentenced to two years' imprisonment for this trifling 
 offence. Court adjourned ; I was again summoned to attend court. I did so. 
 Curry hatl been let off ; his case was never tried. I demanded my money; 
 tlio ofHcials asked mo how long since I had given it up, I said about sixty 
 days; they laughed, and said it was lost in half that time. I mention this 
 to show how justice is administered here. It seemed to mo that a thief had u 
 better chance tliau an lioucst num. This took place in Levi Parsons' court, 
 ■who was the judge. 
 
 "The lirst crime of wliicli I was guilty was that of robbing a bear- 
 hunter, named V'yse, the other side of the Mission. In that matter McCor- 
 uiick, McKenzie, Osman, Morris Morgan, and two Kings, were engaged. I 
 knew the bear-hunter, and McKcnxie also knew him. McKenzio took the 
 man into anotlier room; Morgan carried off the money, nine hundred dol- 
 lars or thereabout. When the bear-liuntoi- came )>ack to the room ho found 
 he liad been robbed ; wc professed we knew nothing alx)ut it. Tho money 
 was carried to King's house, comer of Broadway and Montgomcrj' streets; 
 but in coming into town one of the party stole six hundrc<l dollars ; when 
 tlic balance, three hundred dollars, was divided among us wc only got 
 thirty-five dollars each. The money taken from Vyse belonged to Kelly tlu' 
 lighting man ; shortly after McKenzio went to Sacramento and told Kelly 
 who it was that robbed him. Kelly came down fiom Sacramento on this 
 information, and had McCormick arrested and put in jail; I was then at 
 Monterey. They threatened to lynch McCormick, anil got from him some in- 
 strument by which they sold out tho Port Philip House to reimburse tho 
 loss. After this I went down to Monterey with Briggs and Osn'an; while 
 I was there T. Belcher Kay came down; Osman, Kay, and I \\ ,nt to San 
 .Jo.st5 ; there Kay ha.l the delirium tremens. Osman went to San Francisco, 
 where he met McCarty and Mclntyre, who told him to bring Jim Briggs, 
 Morgan, and me from Monterey, as they had a house to do that would yield 
 forty thousand dollars. Wc all went to San Francisco; I went in the Ooliah; 
 after receiving information as to which house it was, we all went to look at 
 it. Finding that Jimmy-from-Town was engaged, I refused to have anything 
 to do with it ; Morgan and Briggs also refused. I think the house was that of 
 •SchlosB Brothers; it was nearly opposite the old custom-house. At this 
 
SOMETHING OF BURDUE. 
 
 345 
 
 time T. Belcher Kay was intorosted in arranging the robbery of the jewelry 
 establishment and other places. 
 
 "After this wo arrunged the robbery of Jansen's establishment; J.uisen 
 lived next door to me. Many persons from the colonies frequented my 
 house, and on learning that the country generally wanted sovereigns Janscn 
 told mo that he usually had them, thnt ho would bo glad to sell them, and 
 would bo obliged to me to take them. Morgan went with me into Jansen's 
 to buy somo sovereigns; this first gavo rise to the suspicion that Janscn 
 had a largo amount of money. Jansen was about to move ; Stuart, Edwards, 
 McCormick, and I planned this method of robbing him: one of tliu party 
 slipped a linciiyh: uat of the axle of the cart, on which the trunk contain- 
 ing tho money was to bo carried, expecting that by so doing the wheel would 
 como off, and on its falling wo would seize the trunk. Tho cart was loaded ; 
 Jansen's clerk sat on the trunk with a candle in his hand ; tho linchpin was 
 palled out, but tho wheel did not como oflf, and we were disappointed. Some 
 tinio afterwttitl, Stuart, Brings, Edwards, McCormick, Kay, Hughes, Morgan, 
 and I planned tho robben' of Janscn again, when wo ha<l better success. 
 
 " Wliilo at tho Port Philip House a man came in and a.sked me to trust him 
 for something to drink; I told him no, but I would give him a gluss of grog; 
 lie drank tho liquor, after which ho said to me, * You arc a iluinued clever 
 fellow,' and gavo mo three hundred dollars to keep for him. Afterward lie 
 called for tho money; ho was inebrifvted when I gavo it to him. There was a 
 man present whose namo can bo found on tho records, but which I forget, 
 who roblxjtl tho other fellow of his money and cleared out ; on tlic Sunday 
 night following he camu back to tho house ; I Kpoko to him about the moni'y 
 he had tiiken from the man, and asked him ' Whei-o is my share?' Ho told 
 1110 that he had left my part of it in the man's pocket for me to };et. I saiil, 
 ' You wait until McCormick comes in.' However ho and another man closed 
 upon mc. I knocked them down and broke tho jaw of one in three {ilacrs. 
 Tic prosecuted mo for assault and battery. I was arrested, and employe d 
 Mr Wells; tho case was tried; I was fined ono hundred dollar i, ordercil 1,0 
 pay the doctor's bills, and to be imprisoned ten days on the pri;;on brig. I 
 had paid ^Vclls one hundred dollars counsel fee; I told him and 'i'llfor-l also 
 that it was inconvenient for me to leave my business, and that I should like 
 to compromise. Wells said it could be compromised for two hundred and 
 thirty dollars, which amount I paid. I xtato this case, also, to show tho 
 manner in which tho laws arc administered, and the corruption. H it had 
 not been for the manner in which I had been treated, and had seen others 
 treated, I should not no'A' bo here. 
 
 "Tho next matter in which I was interested and will bring Ijcforo you, 
 was that of Windred and Burduc. They were tried for having robbed .lansen, 
 ami convicted, but they hail nothing to do with it. I exerted myself vtiy 
 much to save them; I told Parburt they were innocent, but did not tell him 
 w ho were guilty. I had a long argument with Mr Theodore Payne alxiut it. 
 Stuart, and indeed nil engaged in the Jansen robbery, and many others, de- 
 clared their intention to bum the city in case Windred and Burduc were 
 executed; it was to bo fired at night in four or five dift'erent j)lace8. It was 
 tlie only time that I over heard the colonial i>cople speak of burning tho city. 
 
948 
 
 WHITTAKER AXD McKENZIE. 
 
 "The next robbery planned by us was that of C. Mintum. Kay planned 
 this. Stuart was with lis. I was not interested in the robbery of tlie Hhip 
 Janiet I'ankft. Wo tried to rob Macondray's store, but it fell througi>. Kay 
 put up that job. 
 
 "Kuy also put up a jewelry establishment in a brick building on Sacra- 
 mento street. I went through the premises and examined them, but declined 
 doing it, on the ground that to effect the robbery it would be necessary to 
 murder pcrliaps four or five persons. Kay is an ignorant man ; he can scarcely 
 read or write ; his real name is Gibson. 
 
 " McCoruiick, :^tuart, and I went together to shoot a man by the name of 
 OTlalierty, who liad testified in court that McComiick had robbed him in 
 the colonies ; ho was going to shoot him for it. It was a moonlight night; I 
 said to AlcCormiek that it was too light, and that it would bo better to wait 
 until some other time ; so he gave it up. I did this to save the man. O'Flalieity 
 lived then in llryant place. Since the May fire Jack Aneutruo met »jio on 
 tho street; ho had frecjucntly been told that I was a vt^ry clever fellow; 
 AiTentnic lias been after nio many times, and ixiiuted out sevenil places tu 
 mo; I never would engage in anything with him; he took niedownandiiitni- 
 duced me to a man by the name of Earl. We drank together and then went 
 down to the custom -house; Arrentrue described it to nie; said there was 
 eight hundred dollars there; we looked at tlie drain. Then we went to the 
 other custom-house : he t(xik me inside ; we lcK)ked at the safe or vault tliat 
 was building; Earl proposed renting the houses nextdoor to the customdiouso 
 and opening an architect's oilicc in it, ami getting Watkins, and we could rob 
 till' building from his ollice. This was (iracticable ; we went to uee W'atkius. 
 Our plan, however, was not accomplished. 
 
 " Arrentrue and Earl proposed to mo to rob the El Dorado; tlicy urged 
 that the interest they had with tho authorities woidd cover our operations. 
 I had got sick of all such work, and made up my mind to leave oil", and took 
 no further notice of it. Arrentrue and liarl used frequently to conjc to my 
 phu'i- at Mr llogan's, juid dine with nie .nul play cards. I'^arl showed me a 
 pair of calipers tiiat he had, and told me tliey were very useful. Marl tuld 
 me what a very clei'er thing lie had since done with the calipora. He said 
 that he o|)eiied a door, went into a man's room, took the money from under 
 his head, went out, relock-Ml the dooi , and it was never discovered. 
 
 "1 wan at Marysville at the time of the Juno firo in San Fiuncisco, but 
 came down immediately. I lived with Mrs Hogan as her husband for four 
 months, during her lnmlwnd's aliseiicc. I knew her in the colouit's. 1 have 
 lieard it said that Mrs Hogan had lieen transported. I told Mrs Hogan about 
 Arrentrue and Earl's jiroposition ; sh*' imagined that I was engaged in rob- 
 bery. To do Mi-s Hogan justice, I must say she has done all in her power to 
 break up my associations imd to make me load a dill'erent life. I paid her 
 twenty dollars a week for my board; I also gave her many presents, about 
 twenty-five hundred dollars in all. Mrs Hogan knew all the men that I have 
 mentioned; they used to freipient her house. 1 was in no business. I derived 
 tho money thus: I won seven hundred doll, rs from Stuart at montc, ami i 
 hatl fourteen or .seventeen hundred dollars by me that 1 hail saved while I was 
 a butcher. 
 
CONDENSED CATALOGUE OF CRIMES. 
 
 847 
 
 for four 
 <. llmv.' 
 ban uhout 
 tl ill vol'- 
 
 power to 
 
 paid Ik'<' 
 its, alMiut 
 tat I luivo 
 
 Idcrivcil 
 Ltc, anil I 
 liile I wiia 
 
 " Oeorgo Adams, McCorraick, Hughes, and McRenzie robbed Duzozo on 
 Sacramento street, below Kearny ; it was on the south side, and was early in 
 the evening in September or October ; it is said they got about fifteen thousand 
 doUai's. I was absent at the time. 
 
 "I won of Hotheringtou's companion six hundred dollars; hin name was 
 Dun; I wou at thimbles. Edwards and myself had been associated; Jones, 
 who had made his escape f i-om Marysville prison, wanted a share of it. As 
 Edwards, liong Charlie, ami I had won it together, I objected ; a man by tlio 
 name of (iallagher took up the matter for Jones, and went to my bedroom at 
 Mi-s Hogan's on tiptoe, with n drawn tlagger, to look for mo. Mrs II(jgaii told 
 him I was not there; there was considerable talk about his going around 
 trying to kill me. A day or two after Gallagher was found dead on the street by 
 Edwards' house; T think that Gallagher knew too much aljout Ivlwaids' Lusi- 
 ness, and for th.it reason Edwards poisonud Mr.i. I wu.s at the Mission, at Dr 
 Lambert's, at the timu Gallagher was lookii!;; lor me. Mrs Hoguti came to mo 
 with a letter from ,hulgu IJowie to take to Monterey; it contained certificates 
 of money that liriggs, Morgan, and Osmaii have iu the banks of San I'ran- 
 lisco; I deli\<'red up the documents to Parburt. The Monterey trial came on 
 tliat week; Stuart was there; I think he came «lown to shoot mo either for 
 my money or for jenlousj'. I knew all about the robbery at Monterey; I 
 loaned Osinan, IJriggs, and Morgan one tliousand tlollars. Ouick put up tlio 
 Monterey cnstom-housc for robbery; Uyan was one of the party, and tlie only 
 ono wlio received any benefit. I .as not interested in any of the robberies of 
 the jewelers; McCormick told mc of the roblieries. I believe, if you keep 
 ([uiet and do not publish, that tlio jewelry will be recovered. Osmau bought it 
 tor six hundred dollars, and I do not Ih-'Huvo ho has sold it yet. 
 
 " I gave Mrs Ib/gan twenty-one ounces in gold for my l>oard at on time ; 
 I liiid loaned that amount to (>;<iiian, and he returned it. Tin? l;ist money [ 
 got was twelve hundred dollars, which I gave to Mrs Hogan. This is the 
 \v;iy 1 got it: There was ii miner canio into Mrs Ifogan'a Ikmihc, on Sansimio 
 street; Kay, l''d\vauis, and I were there at the time. The miiur laid ilown 
 ii large bag of gold ; Edwards ami I took the mone}- out; I secreted !iiiollier 
 liiig. I'Mwardsaml rfeCormick took the miner olF; he had live or six hundred 
 ilrllars! more, which they eot away from him. 1 tv)ok tlio bag eontaining seven 
 hundred dollars ar ' • ividod it with ]\.ay and Edwards, giving them each 
 two hundred dolhj's, and keeping three hundred for my-self. Thu ether bag, 
 lontaining e.^lit lunnlied dollar:-, I did n)t ilivide, as they gave mo no shaio 
 of the money that had been taken from the miner. The whole amount I gave 
 to Mrs Ifogan; she knew how I got it; she knew vo were treating him to 
 cliiinipagno in order to ell'ect this purpose. ! told her what our plans were. 
 I also gave her about three hundreil dollars which I won at gambling with 
 Pan ; and the same amount paid mo by Ihiggs of the money 1 had loaned him 
 I uave Mrs llogan. 1 exchanged watches with her; mine was the must 
 valuable. I also gave her u diamond ring. 
 
 "T. B. Kay, when port-warden, took McConnick on board a man-of-war 
 in the harbor; the captain iwssesscd a very valuable gold lever watch with a 
 snake chain. While the olhcer was asleep McCormick htole the watch ;. ho 
 carried it with him when he went to London; I have no doubt it might ba 
 
348 
 
 WHITTAKER AND McKENZIE. 
 
 recovered. Kay knew that McConnick had taken it; he afterward was 
 Bony aboat it, as the captain said he wouldn't have taken one thousand 
 dv^llars for it, as it was a present from his father. If the C!onunittee write to 
 Dan Forrester of London, or to the chief of police in Manchester, they will 
 send McConnick and the watch back again. 
 
 ' ' Old Jack, aiiaa Morris Morgan, told me that Hughes did it with two flats — 
 robbed the Dupont-street jewelry store ; Hughes was apprehended for it and 
 acquitted. I don't know where he is ; he may have gone out of the country. 
 I was told that he took away all of that jewelry. One night it was stated 
 that some of the Vigilance Committee met him ; Old Jack knocked them down 
 and jumped a fence. In doing so he said he lost some of the jewelry ; amongat 
 it was a small watch, wliich was found in a hat next morning. Hetherington 
 and I were at Mrs Hogan'a at the same time. Hetherington told me that his 
 partner, Antone, was a passionate man ; he killed two men ; I saw him kill 
 one ; it was at the corner of the El Dorado, at night and in a crowd ; the 
 dagger stuck so fast that in drawing it out it pulled the man over. Two men 
 were arrested, but nothing was made of it; Antone was never suspected. 
 
 "Stuart and George Smith told me that they shot a man on the Stockton 
 road ; the man had considerable money. Ho ran toward the house after he 
 was shot, and died nearly as soon as he had entered. 
 
 "I never knew of any one setting a place on fire in San Francisco except 
 Billy Sweetclieese, whose real name is Shears. I heard that he set the United 
 States on firo on the Pla^a at the time it was vacant. This is merely rumor. 
 After robbing the miner alluded to, at Mrs Hogan's, we met McCarty, the 
 policeman who was always ready to lielp us. I j^ave McCarty three ounces, 
 one each for Edwards, Kay, and myself. I told McCarty that McConnick had 
 got sonic five hundred dollars, and he must get some out of him too. Brown, 
 in the police, was the man who did the dirty work for policemen McCarty and 
 Mclntyre. 
 
 "Billy Hughes, John Edwards, and Morris Morgan are runaway con- 
 ^■ict^, Thoy came from Van Dieman Land. There is no comparison be- 
 tween the convicts from Sydney and Van Dieman Land. The latter are so 
 bad they would not allow them to coem into Sydney. 
 
 " I got Windred away when he was under arrest with Burdue. I went 
 to the new jail with Windred 'a wife and Mrs Hoguu; I sent the key in; 
 ^^)m Byrnes', the man you sent to Sydney, came to my house and said that 
 Windred was out; I got up and went down to the wharf at Pacific streot ; 
 ( tcorge Adams and Windred were there ; I told Adams to go away by himself. 
 1 tool; Windred to a stable, got horses, and took him to l)r Lambert's, where 
 he stayed for two weeks ; I paid his board. Dr Lambert is a man from thi; 
 i;olonies. At the end of that time I engaged passage for Wimlreil, and up- 
 pointed a night to put him on board. 1 told Kitchen to stand by with bin 
 boat, that I had a miui to put on board. I gave Windred my old cap, ami 
 bought a new one for myself; I put him down a passage-way at Clark Point. 
 Mrs Hogan and Mrs Windred were in waiting; Mrs Windred in men's 
 I'lotliea; in that disguise I had taken her frequently to see her husband. 
 Both women bade Windred good-by, and I put him on board Kitchen's boat, 
 who took him to the ship. The vessel in which Windred was placetl re 
 
CHARMING ACQUAINTANCES. 
 
 340 
 
 d waa 
 
 >TUHUld 
 
 rite to 
 eywill 
 
 , flats— 
 : it and 
 ountry. 
 I stated 
 tndown 
 imongat 
 jringtoa 
 that his 
 him kill 
 iwd; the 
 rwo men 
 cted. 
 Stockton 
 5 after lie 
 
 mained in {x>rt a fortnight, and I feared he would be apprehended again. 
 Windred sent for his wife to go with him, and she went on board, and sailed 
 with him the morning after the May fire. 
 
 " Kitchen is a rough, boatman-looking fellow, dirty, very dirty ; he kept 
 a boarding-house near Clark Point; he is a stout man, about thirty, dark 
 hair, and heavy whiskers ; he is a convict from Van Dieman Land. Kitchen 
 has a specimen, of the value of one hundred and forty dollars, that Stuart 
 took off the body of Moore, whom he murdered at Auburn. 
 
 " Purcell, a police-officer, used to take money ; he took money of Hughes ; 
 he would take money from any one. At the primary election for Malachi 
 Fallon I was solicited by Sweeney, McCarty, and Mclntyre, to aid in the 
 election ; accordingly I did so, and got some twelve votes, all from men who 
 were convicts and foreigners." 
 
 CO except 
 he United 
 sly rumor, 
 ^arty, the 
 >e ounces, 
 rmick had 
 Brown, 
 [Carty and 
 
 [away con- 
 
 larison be- 
 
 ter are so 
 
 I went 
 |u key in; 
 
 said that 
 Itic stroct ; 
 hy himself, 
 j-t's, Avht^ri! 
 from the 
 |l, and ap- 
 with liiH 
 cap, lU"' 
 lark Point, 
 in mcn'^ 
 husband, 
 lien's boat, 
 [placed vc 
 
CHAPTER XXIII. 
 
 THE CIRCUMVENTORS CIRCUMVENTED. 
 
 When in doubt, win the triuk. 
 
 Hoyle. 
 
 
 At length the law, long paralyzed and puny, awoke 
 with a spasiii of" energy. Election was approaching. 
 To be or not to be, wns the question. The existence 
 of a popular organization for the suppression of crime 
 was a standing reproacli upon the honesty and effi- 
 ciency of the authorities. And even in the minds of 
 city and state othr'ials who secretly sympathized with 
 the Vigilance Committee it seemed necessary to up- 
 hold the dignity and sacredness of law, lest this new 
 phase of liberty sliould degenerate into licentiousness. 
 
 Already given is the proclamation to the people of 
 the state by Governor McDougal, dated July 21, 
 1851, calling on them to discountenance illegal tribu- 
 nals and sustain the courts. At three o'clock on the 
 morning of the 20th of August Governor McDougal 
 and Mayor Brenham rapped at the door of Sheriff 
 Hays and presented him a writ, issued by Judge 
 Morton of the Superior Court, based on an affidavit 
 made bv the governor that two men, Whittaker and 
 -VlcKenzie, were detained without authority of law. 
 The writ c»jmmanded the sheriff to take the; bodies of 
 the two men and bring them into court, to be dealt witli 
 according to law. The sheriff', with a posse of depu 
 ties, repaired immediately to the Committee rooms, 
 which they entered without resistance, and while 
 some guarded the door others advanced and called on 
 
 (3f0) 
 
THE LAW'S GRAND ACHIEVEMENT. 
 
 m 
 
 i efti- 
 ids of 
 I with 
 o up- 
 new 
 ,sness. 
 tie of 
 r 21, 
 tribu- 
 n th<> 
 >ougal 
 heriff 
 udgk' 
 davit 
 r and 
 law. 
 ies of 
 It with 
 depu 
 ooms. 
 whih' 
 ed on 
 
 the prisoners to accompany them, which they gladly 
 did, and were soon comfortably lodged in jail. One of 
 the guard attempted to push back the officers; two 
 others, suspecting treachery, let themselves down from 
 the window and sounded the alarm on the bells of the 
 California and Monumental engine companies. The 
 action of those in charge of the room was bitterly 
 denounced : and such were the singular circumstances 
 attending the rescue as to raise serious question in the 
 minds of many if there were not collusion between 
 the officers of the law and the officers of the Counnit- 
 tce. Daybreak found the streets alive with excited 
 people pouring toward the Committee rooms, where a 
 meeting was m session and the events of the night 
 were beinj? discussed. Some were in favor of tsrisiii},' 
 and making an immediate attack on the prison ; others 
 held that in the justice of their cause tlicy couli 
 trust that the unholy sympathy thrown b}' the law 
 over two notorious law-breakers could do the reform- 
 ers no permanent injury, and they shoukl wait. Tlius 
 in every trying event good counsel prevailed; passion., 
 though aggravated by the chattering of apes, must" 
 l)e laid aside, foi' this was not an association for the 
 j)romotion nf lawlessni'ss, and the law, though not 
 iespectLibie,must in some measure be rospected. Tiiere- 
 fore it was concluded to let the matter rest for the 
 moment, to permit the authorities to indulge tlieir 
 innocent gambols over their little victory, hoping tliem 
 thereby good. In the eyes of (he sober members of the 
 ( onnnittee the affair was but a little stratagem, matle 
 successful by the hour, and the laxity of tlie guard; 
 and the very fact of the law being obliged to emiiloy 
 darkness and circumvention in the execution of its 
 mandates was the surest sign of its weakness. Even 
 now the authorities seemed half fi'ighteued at their 
 boldness, and almost panic-stricken at the peril of 
 their situation. How should they defend the law's 
 majesty against the bloody-mindetl citizen? Turn 
 the guns of the Vincoina on the \icinity of Battery 
 
THE CIRCUMVENTORS CIRCUMVENTED. 
 
 Tit). 
 
 and California streets. Parley. Bring in ordnance 
 from the Presi^ili^ Let the military be held in readi- 
 ness to answer at a moment's notice. Proclaim an 
 end of the reign of terror; an inaugn ration of the 
 reign of law. Meanwhile the members of the Com- 
 mittee went about their business, apparently uncon- 
 cerned in all this splutter and bombast of the officials, 
 determined that no provocation, however severe, 
 should tempt them to the performance of any action 
 which should brinr^ reproach upon them as law-abiding 
 citizens, or upon their organization, m.adc for the pur- 
 ))ose of strengthening law and good government; and 
 ill this moderation was their greatest victory. 
 
 That same day appeared a second proclamation by 
 the governor, calling upon all good citizens to unite 
 for the purpose of sustaining public law and tran- 
 quillity, to aid the public officers in the discharge of 
 their chity, and to discountenance any attempt made 
 to substitute the dos})otic control of a self-constituted 
 association in place of regularly organized govern- 
 nieiit; warning those disposed to resist legal authority 
 that civil war in all its horrors would be tlie inevitable 
 consequence. The force of this proclamation, how- 
 ever, was materially weakened by a card jiublished at 
 the same time bv the Vioilance Committee, which read 
 as follows: 
 
 " Wi', the undersigned, do hereby aver that the present goveraor, Mc- 
 Dougal, asked to be introduced to the executive committee of the Committee 
 of Vij;ilniu'o, whicli was allowed, and an hour fixed. The governor, upon 
 being introduced, stated that he approved the acts of the Committee, and that 
 mucli good had taken jdace. He hoped that they would go on, and endeavor 
 to act ill concert with tlie authorities ; and incase any judge should be guilty 
 cf maludmiuistntion, to hang him, ajul he would appoint others. 
 
 "g. e. schexck, 
 "George ,1. Oakes, 
 "Isaac Bi,kxome Jr., 
 "S. Patoan." 
 
 The enemies of the reformers were triumphant, 
 but their victory was achieved by the humiliation of 
 the country's best friends. Very early one Robinson, 
 
 I 1 -ai'K ' 
 
THE u-AV IT WAS DONE, 
 of the AtlelnJii" Th 4- **' 
 
 i"fla„.,„„t,„ P 'IS'^^l^'^ a box, .,„, i,. „„ 
 
 ■ncdiate attack on the MTh '*, "'■»>•''' "» '■"- 
 »e,«mted for rcfresl.n o, Is to tV"'"^ "f" -■»"""•«' 
 
 ;n..km.. saloon., an.l „b„u „it '"m''" ''"'^■'" '•""' 
 thousand„,„, ,^j, °»"t .1110 odoek »o«,e two 
 
 over, was but a n.ob- t« as, ',, '""'"■'• T''i». I'oM-. 
 »"'-e Con„„ittee ,li,l 'its o I aT ''''"" ""-' Viwil- 
 
 t"-tened to be^t'^LJttbS "•""' "' "^ '^"'' 
 
 ^V"'"l'""oe of fa,, '^ J" ; "! 7", -"»"■ S. The,eU|,on 
 <ill 4 o'elocli ,.. ,,. • ^"'' '"^'-t"'S- then adjourned 
 
 --4^^ctf';^r::i 3'"'^*^' '""""''^ -^iv le 
 
 I';-'';' to fear do«n f " S ':;"'""»*'"■.. So.ne |,ro- 
 
 (liom sharply. -^"You wo.dd , , , rf ' "'""* "■■''"1^"' 
 
 :; ""t'"S sreater fol ■ sajT' '™'^' ■™»'' l''Jlv bv 
 
 •'I'oiv »-as but one se,,ti „e,,t /,' ^* 'r'- -'^'^vert biles; 
 
 :'^«''.tive 'loti^rmi^ro;,'],""':'"'';'- <'■'■: «oizure that the 
 '" ','"">''"" «ith th ., colt' .^i- '" '^"l"""- Indeed, 
 '""!yi'»tand ho« the 'nl „"' '"''f /I'O -'<uf<l nof 
 
 >:'■■ f a hundred n.endJrs I'^T'"" '''"*^'"' tl'^.v 
 '"gilt, tenfoM nior,. fl ,"' *'"^ pi-omise-s that 
 
 ^'^fU.d the she r ;! ,™""r'' *" ''-e .suocessf h' 
 ■■"'d 'i« was sleepn'^'^,-" '"""'» »■•••■■- "» g»ar,i, 
 
 7",'- Aburlyblack^ndtL n, ed'sf"' /'" "*"'""'g 
 
 ;'t tile door, and when Ha s .? f^ '"■ "'""•' ^''"■■"■'T 
 
 they w,.re ad,„itf^.j '. "^.^ ;»"'l Caperton kuScke,! 
 
 r«>. T.,... ,.„,, ,, .];| "itliout lesistanee sufficient t,j, 
 
354 
 
 THE CIRCUMVENTORS CIRCUMVENTED. 
 
 i' 
 
 waken him. !Mr Ryckmau was not present, but Pay- 
 ran, placing the utmost confidence in the guard, was 
 asleep in the executive room. 
 
 At the request of the Committee, John McDougal. 
 governor, appeared before them at their rooms and 
 stated that in tlie hotel at Benicia the day previous, 
 which was the lUtli, it was reported that the Vigi- 
 lance Connuittee wei-e to meet during the night to 
 sentence Whittaker and McKenzie, and he doter- 
 niincd to coinQ down and prevent an execution, it' 
 possible. On arriving at the Union Hotel about 
 noon he v.^as told by two men who were, or professed 
 to be, members of the Vigilance Connnittce, that the 
 prisoners would be executed the following day. 
 
 On receiving tliis information lie proceeded immc- 
 diatelv to Mavor Bronliani, and asked his assistanci; 
 in rescuing the prisoners. I^renhinn acquiesced, and 
 the two oiiicials called upon the shcritt*. The next 
 tiling necessary was a writ o\' habeas corpii.s, which, 
 alter mniw search for a judge, was linally obtained 
 from Myron Xorton. 'I'lie party then [trocecded to 
 the rooms of the A'i<'ilanee Connnittee antl knocked 
 at the door, whieh was o[)ened. Caperton, deputy 
 shei'ifl', entered first, then Hays, the sheriif. The 
 dooi- closed. McDougal remaining at the liead of 
 tlie stairs, and lirenham bel(»w, outside the building. 
 In a few minutes the slierilf and his deputy returneil 
 with the [irisoners, without having encountered any 
 resistance. On beins>' asked who had s»iven him the 
 information at the Union Hoti^l, liedediinfd to answer. 
 
 Mavor Brenham eonlirmed before the ("onunittee 
 the statement of the governor, adchng that prior to 
 the conference at the sherift"s oilice it was their in- 
 tention to have aj)[)eared at the Committee rooms in 
 full force, with a writ o{' /labcas corpus, the following 
 niorning at eight o'clock. The mayor was perfectly 
 certain that no member of the Vigilance Committee, 
 or any persons other tlian those vho came, had cog- 
 nizance of their intention ; nor was there any collusion. 
 
mVESTIOATION BY THE COMMITTEE. 
 
 355 
 
 uiue- 
 
 , and 
 
 next 
 'hicli, 
 ,aiuc(l 
 cd to 
 ockcd 
 
 puty 
 
 Iding. 
 rmd 
 I any 
 u tlu' 
 
 litto*-' 
 or to 
 ir in- 
 nis in 
 
 win 'J,' 
 
 Ifectly 
 
 ^ittec. 
 
 cog 
 
 Lision. 
 
 directly or indirectly, between them and any members 
 of the Vigilance Committee. 
 
 Sheriff Hays stated that he was in bed when the 
 governor and mayor called. He at first thought that 
 duty did not demand of him interference, and asked his 
 visitors if they knew the men were to be executed 
 the next day. They were sure of it. He then pro- 
 ceeded to serve the writ, meeting with no resistance 
 on entorinLT the room and but little on leavinir it. 
 
 J. L. Van Bokkelen, chief of the vigilant police, 
 l)eing sworn before the executive committee, said that 
 |)ursuant to the instructions of the Committee he had 
 [>roceedod to. select a place for the execution of the 
 prisoners, and had reported to the Committee, wlio 
 instructed him to make the necessary detail of rjuards 
 and other preparations. In the exercise of this duty 
 it was necessary for him to leave the room twice. 
 He had given McKenzie permission to change his 
 linen and to shave; he had ordered the good spring 
 handcuffs wliieli ornamented his wrists to be taken off 
 and }K>orer ones substituted, so that the goofl pair 
 niiixlit not be lost to the Conunittee when the body 
 should be taken by the coroner. Durin<>: tlie consuni- 
 nuition of these arrangements the ca{)turt.' was made. 
 
 P. P. Hull, on reporting for duty that night, was 
 told to arm, which he did, and was then told to hold 
 himself in readiness for orders which he never received. 
 While in the refreshment room he heard a scufflinjj 
 and call for the police. He I'an out and found a crowd 
 about the door, and heard the sheriff say: "We are 
 tot) strong for you; we have a posse outside." Tjctting 
 himself down by a rope, he came upon the capturi'd 
 prisoners, and cocked his pistol, but refrained from 
 tiring. 
 
 Some fifteen or twenty others were examined bcfon^ 
 the Committee, and among them Steele, the door- 
 keeper. This man testified that when the sheriff 
 applied for admittance he was crowded in by those 
 behind him, and that when the prisoners were brought 
 
 fi 
 
 ^ 
 
8W 
 
 THB CIRCUMVENTOIIS ClRCUMyKXTED. 
 
 t<» liis door on their way out, while soinu plucocl their 
 hack aj^ainst it to prevent exit, those outside forced 
 it open, and in the nielue tliat ibll'^wed the yherifF and 
 Ills ibllowers c.sca[)ed with the prisoners. The coup ife 
 iiuiin was so sudden tliat the guard l)ecanie confused 
 and hardly knew what he <lid. 
 
 This evidence was <jiven before a sub-connnittee 
 a]>pointed by the executive comniittce, and tiicir rc- 
 l)urt was in the following words: 
 
 "The cominittoe respix'tfiilly Hubinit tlic ciitiru (evidence taken, and leave 
 the Vigil.ince (Joininitteo to juil^o for theinHelves of any eulpability on the 
 part of those inti'ii^teil with the cliiirge of tlie jiri.soiiers hist niylit and tliis 
 nioniing. Your eunimittee, while they feel it tlieir duty to exonerate all from 
 the least imputation of lirihery or eonnivuncc! at tiie escape of the i)risoner8, 
 feel it their duty to say that there was a great want of their usual care and of 
 that caution whicii t]»e importjiuce of the duty assigued them rotpiired ; and 
 that they deem the eiiief of police especially guilty of gross neglect, and 
 wanting in thiit energy and self-eontiol wliieli if properly exercised would 
 have prevented the escape of the prisoners, and tiierelij' wctuld have saved the 
 Vigilance Coniniittec from the disgrace of neglect whieli nnist now rest upon 
 it. And your committee cannot conclude without expressing their condem- 
 nation of the course talien by tliose members of the Vigilance Committee 
 wiio were so estranged from their duty as to inform tlie governor of the in- 
 tended action (if the (lonnnittee, which lendereil it imperative upon him to 
 adopt the course \w did, and which has so cfTectually checked the important 
 action of the Vigilance Committee. " 
 
 At the adjourned meeting the committee reported 
 according t<» tlie facts obtained. The cliief of i)olice 
 was instructed to keep a o-uard of twentv men over 
 Whittaker and McKeuzie, then in custody of the 
 sheriff, lest either by force or connivance should escape. 
 It was resolved that the sentence of death pronounced 
 u|>ou tlieni should still remain in force. 
 
 On account of the strong feeling against him, 
 whether guilty of actual connivance at the escape of 
 tlie prisoners or not. Van T3okkelen resigned his posi- 
 tion as chief of police, and Oscar Smith was elected 
 in his stead. In this ballot, whicli occurred at a gen- 
 eral meeting on the 2Gth of August, James King of 
 Wm. received two votes, and F. Argenti and J. W. 
 Cartwright each one vote. 
 
VARIKI) COl'XSKL. 
 
 S57 
 
 Tlio uttoraucus of thr press did not fairly reprosoiit 
 the sentiment of the more cahn and thoughtful element 
 of the Committee. It breathed of the mob spii'it, 
 which tended to retard rather than to accelerate tlio 
 movements of the Committee, and to impair i\u) 
 quality of their work. Doubtless it expressed the 
 feelings of a majority of the general conunitt«.'e, but 
 not of those who were trusteil and obeyed as the safe 
 and worthy leadeis of the movement. Tlie authori- 
 tics were simply doing theii- duty, and the Connnittee 
 could not make up their minds, at this juncture, to 
 shoot them down while in the discharge of it. The 
 California Cvurier ()( the 2 1st of August writes: 
 
 )rted 
 liolice 
 I over 
 the 
 Lape. 
 Inced 
 
 him, 
 
 ho of 
 
 [posi- 
 
 pcted 
 
 \if ot 
 
 " Aa sofin as this wicked attempt to involve this comiminity in exciteniont 
 and perhaps )»looilsln'il. for no cause wiiatever. Iind succecilcd, tlie IhjII of the 
 Vigilance Committet^ was tolled, and the niemlKira left their sleeping-ehani- 
 bers for tlie (Committee rooms. The excitement was tremendous. Tlierc are 
 Judases in the Committee's camp. .Some one has betrayed them. Let Iho 
 Committee l(«»k to this. We sliall not advise them what to do, for they aro 
 lietter informed, and will nodoidit all act witli lirnmess and discretion. Tiio 
 authorities, however, who were engaged in tiiis nnneces.sary attempt to pro- 
 duce a eollisiuu between the people and tlie authorities, have dug for them- 
 selves a grave so deep that tlie hand of re.sinrcetion cannot reacii tiieni. 
 
 "In the morning at an early hour an immense as.semblage of the people 
 g.'ithered around the jail, under the expectatitm that a forcible attempt would 
 have lieen made to break open the jail and sci/o the prisoiK-rs. Had tiny 
 attempted it and been resisted by the mighty men in luickram wiio were 
 pacing the roof of the jail, the people would have blown them into fragments 
 skydiigh, and made their Uesh and bones food for coyotes ami. crows upon the 
 surrounding hills." 
 
 The comments of tlie /Icm/d the sam<' day, though 
 more pertinent, are nevertheless not in exact accord 
 with the minds of the mysterious few which governed 
 all, and round which revolved the passion-seething 
 multitude: 
 
 "Much as we have admired the conduct of the Committee on other occa- 
 .sions, we think their course yesterday, under the severe provocation they ri-- 
 ceived, was more praiseworthy than any victory they have yet achieved. 
 They regarded the aflfair aa a very stupid piece of chicanery by which they 
 had been overreached in the discharge of their iluty, but they preservt^d a 
 perfectly calm demeanor, certain that sooner or later justice would ttki' its 
 
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 WEBSTER, N.Y. 14580 
 
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3o8 
 
 THE CIRCUMVENTORS CIRCUMVENTED. 
 
 course. While the authorities were hurrying up and down in perfect amaze- 
 ment at their own desperate valor, issuing orders for muskets, cartridges, and 
 cannon, the members of the Committee were quietly pursuing their usual avo- 
 cations, wholly nnmoved except to laughter at these warlike demonstrations. 
 ■' And the pygmiet swarmed in the streets, and cha+tered, and chuckled, 
 and lielil conferences at the street comers about the wonderful victory they 
 had achieved over tlie Vigilance Committee and the cause of justice, unmind- 
 ful, these pygmies, that the same popular will Avhich lias broken up and scat- 
 tered to the winds that criminal organization on which corrupt olficials 
 fattened, could sweep them and all their macliinery of office, courts, and 
 law into the bay at a single efl'ort. As for the vapid and meaningless docu- 
 ment called a proclamation, which was posted up about the city,, it is wholly 
 unworthy of notice. It has no point whatever." 
 
 And thus, the day following: 
 
 "These pets of the law, if we understand rightly, are in custody witiiout 
 any legal commitment, and while so detained are an illegal expense to the 
 county. If they are turned loose again on society a stupcmdous crime Mill 
 be committed against the jjeace and lives of our citizens. The full mea.sure 
 of their guilt is perhaps unknown ; it is natural to suppose that men under 
 such circumstances will not confess the perpetration of very grave crimes ; 
 but their own admissions show that their hands are raised instinctively and 
 by long habit against tiieir fellows; and that to permit them to go again at 
 large wouhl be t(j be accessai'y to murder. A lawyer can nevertheless easily 
 convince a court that against these men there is no proof suliicient to convict 
 them, and the question arises, Wliat will the court order ? It caiuiot have them 
 detained, as thei' is no testimony against them. They will of course deny 
 their guilt and contradict their adr.iissions. These admissions will go foi' 
 naught, and the grand jury cannot even lind a bill against these men. Sec, 
 then, the position the law has brought itself into in regard to them. It i.s to 
 be presumed that none will deny their criminality; about that there can be 
 but one opinion ; and yet the law virtually tleelares sucJi men must not be 
 punished. Law cannot punish them, and law will not pennit anybody else 
 to punish tiieni. The men who now presume, after permitting two criminals 
 to be executed without venturing to oppose the Connnittee, to thwart them 
 in their cflforts to restore society to its just equilibrium, to restore energy to 
 the palsied arm of justice, to break up the criminal organization which has 
 pervaded this whole country for more than two years, an organization, too, 
 which has dealt in murder and rapine to an extent which has appalled the 
 liearts of our citizens, an organization wliich has perpetrated lifty-two mur- 
 ders in the precincts of this city within the hist eighteen months, we say 
 tiiose who now oppose the Committee in their ellbrts to break up this organi- 
 zation seem to forget that they themselves exist in their official capacity but 
 by sulTerance, and that the labor of crushing them would be very light indeed. " 
 
 The night before they were to have met their fate 
 permission was given the two prisoners to shave and 
 
THE LAW'S EXCUSE. 
 
 359 
 
 dress in their best clothes. They were to have been 
 executed from the yard-arm of a vessel, in full view 
 of Telegraph Hill, round the base of which so many 
 scoundrels congregated. It may be interesting to 
 some to know the intended proceedings on board the 
 ship. 
 
 The chief of police was to detail a guard of true 
 men, well armed, to proceed to the vessel and make 
 preparations for the reception of the prisoners. A 
 clergyman should be allowed on board with the 
 prisoners. The bell should bo tolled on shore. When 
 all was ready the water signal should be hoisted and 
 a gun fired. Then the executive sliould appear ui)on 
 the shore, and upon the waving of a handkerchief the 
 souls of the condemned should bo launched upon the 
 eternal sea, and tlicir bodies should hang for the space 
 of one hour thereafter. Btit the Committee had for- 
 gotten that at the hoin^ named the tide would be low. 
 Furthermore, the risk of failure would have been 
 n^reater in conductinjx an execution on board a vessel 
 than on shore; hence that plan would probably have 
 been abandoned. 
 
 Four days passed quietly while Whittaker and 
 ]\IcKenzie lay undisturbed in jail. Yet no one who 
 thought tipon the matter supposed that the Vigilance 
 Committee would allow the affair to rest there. The 
 authorities well knew, or might have known, when 
 they seized the men that they could not hold them. 
 Xeither did they care to hold them, or to prevent the 
 Committee from exercising their sovereign purpose. 
 The men deserved to hang. Xo one qtiestioned it. 
 The Committee, through their ability and energy, had 
 broken up the organization. Let them complete 
 their work; it was better so. Certain base or blun- 
 dering members, by informing of the intended execu- 
 tion, had obliged the authorities, contrary to their 
 inclination, to make the seizure. It now onlv re- 
 mained to the Committee to repair the breach caused 
 by their indiscretion and neglect. The momentary 
 
 " i 
 
 
 I 
 
300 
 
 THE CIRCUMVEXTORS CIRCU.Ars'ENTED. 
 
 victory of the authorities had strengthened the Com- 
 mittee rather than weakened it. 
 
 Their ranks were swelled by large additions of the 
 most respectable clement of society. Money was 
 freely subscribed for the support of the organization, 
 and fresh impetus given to its vitality. People 
 w^erc satisfied that if the two men Whittaker and 
 McKenzie wore tried by the courts they w ould be 
 acquitted and turned loose upon society. Even in 
 face of tlie ovcrwhelmino^ evidence ao^ainst them it 
 would be difficult for a grand iin^v Icij^allv to find a 
 true bill, or for a court legally to punish them. Should 
 law, then, prevent just punishment which it could not 
 itself inflict? The Committee were stimulated by 
 obvious considerations, and showed their decision in 
 the folio Ainsr order: 
 
 "Capt. Cartwiiioiit: 
 
 "You arc hereby authorized to detail a guard, such as you think proper, 
 and arrest two prisoners, to wit: Sam Whittaker and R. McKenzie, and 
 bring them into custody of the Committee of Vigilance. 
 
 "Done by order of Executive Committee, August 22, a.u. 1851. 
 
 "James B. Huie, Chairman. 
 "Attest: S. PAYitiVN, Secretari/." 
 
 Sunday was the time fixed upon for the recapture. 
 It was ascertained that there w^ould bo service on that 
 day, and it was customary on such occasions to bring 
 all the prisoners from their cells into the main hall to 
 hear preaching. At that time the doors would be un- 
 barred; there would be no locks to pick, no cells to 
 break open. 
 
 On Saturday thirty of the Committee met in an 
 old iron buildinix standing on the corner of California 
 
 -I- • 
 
 and LeidesdoT'ff street, and agreed among themselves 
 to reoovor the prisoners or perish in the attempt. The 
 first thing was to ascertain the condition of the jail, 
 by whom it was guarded, and what arms were in the 
 possession of its defenders. As it would not do to 
 visit the jail in a body, lots were drawn to determine 
 
VIGILANCE SPIES IX THE JAIL. 
 
 3G1 
 
 in an 
 Ifornia 
 Iselves 
 The 
 le jail, 
 lin the 
 Ido to 
 
 irmine 
 
 who should act the spy, enter the jail, and bring back 
 a report. The lot fell upon Bluxome, who immedi- 
 ately set out on his mission. In front of the building 
 he found the sheriff himself, saddling a mule. 
 
 "Colonel Hays," began Bluxome, "you haveBurduc 
 yet a prisoner. His was a very hard case. Though I 
 have never met him I have had much to do in his 
 case, and I must confess to a curiosity concerning his 
 strange resemblance to Stuart. I would like to see 
 him." 
 
 "Certainly; go in," said Hays, giving at the same 
 time the order to admit him. 
 
 Bluxome entered and found Burdue sitting on a 
 stone step. Entering into conversation witli him, he 
 carefully marked in his mind the place and its con- 
 tents, and then walked carelessly about the prison. 
 The only arms he could discover was a rack of muskets 
 standing in the middle of the main hall. These might 
 be dangerous, and they might not; but how ascertain 
 if they were loaded without exciting suspicion? Taking 
 a musket from the rack and turning to the officer in 
 attendance, whom he well knew, he exclaimed in a 
 half playful manner: 
 
 "Lambert, you are an old infantry soldier; so am I. 
 Put mc through the drill." 
 
 "What drill?" asked Lambert. 
 
 " Loading and firing." 
 
 "All right, sir," replied the officer, complying with 
 the request. Presently Bluxome complained : 
 
 " This gun is not well balanced," and putting it 
 back he took from the rack another. And so on divers 
 pretences he examined one after another, and ascer- 
 tained that none of them were loaded. That was all 
 be wished to know, and he returned to report. 
 
 Ryckman determined to make a survey on his own 
 account. Going up to the jail, he found ready ad- 
 mittance. The triumphant authorities were most 
 affable. The vigilance organization was a fine append- 
 age to a police office. "We don't want any trouble 
 
 f-' 
 
 U 
 
S6'2 
 
 THE CIRCUMVENTORS CIRCUMVENTED. 
 
 with you," said the smiHng jailer as he admitted him. 
 
 "There are many who entertain the same senti- 
 ment," was the caustic reply. 
 
 Ryckman examined the muskets, which were flint- 
 locks, and saw that they were not loaded. He was 
 less diplomatic in his visit than Bluxome had been. 
 He was absolutely fearless, and went more directly for 
 his object than some who were, indeed, no more cir- 
 cumspect than he. The jailer spoke truly. No one 
 coveted trouble with Mr Ryckman. 
 
 The visitor asked to be shown the captured prison- 
 ers. Whittaker was in his cell, and on seeing who it 
 was he came to the grating and said : 
 
 " I hope you are not sorry to see me here, Mr Ryck- 
 
 man 
 
 ?» 
 
 "Sir," was the reply, "you were arrested througli 
 the agency of the people; you were tried and convicted 
 by the people ; you escaped, but you will as surely be 
 executed by the people as you now live. Entertain no 
 hope otherwise. Be ready. No power on earth shall 
 save you." 
 
 This utterance can hardly be commended as discreet. 
 Ryckman then returned to the Committee rooms and 
 busied himself in preparing for the intended under- 
 taking for Sunday. 
 
 At the rendezvous on Sunday morning only one 
 out of the thirty was absent. The twenty- nine were 
 divided into three parties, one of thirteen and the 
 others of eight, and each placed under a captain. 
 G. W. White commanded the first, and Mr Calhoun 
 and Oscar Smith tlie other two. The movement was 
 under the immediate orders of J. W. Cartwright. 
 
 Over a portion of the prison, at the time, there was 
 no roof, and from a certain point on Telegraph Hill 
 could plainly be seen all that occurred in the main 
 room. One Higgins was stationed at this point with 
 instructions to open wide his arms the moment service 
 was over. 
 
 Meanwhile one party had taken its stand at the 
 
RECAPTURE AND EXECUTION. 
 
 368 
 
 front door of the prison, and of the others, one at the 
 back door, and one in the area between the outer wall 
 and main building, where they could see Higgins. 
 The signal being given, every man made ready. 
 Immediately the front door was opened, and as the 
 worshippers from without were making their exit, the 
 party there stationed crowded in. At this juncture 
 a crash was heard at the back door, which fell with 
 loud noise beneath the blows of a sledge-hammei'. In 
 another moment two divisions were together, while 
 the third rushed to the front and acted as guard. The 
 criminals, who under guard had been attending ser\ ice, 
 instinctively scattered to their cells like rats before 
 their feline enemy. The regular jail guard were at 
 their station on the top of the building, and during 
 the seizure they were covered by a large pistol in the 
 hand of James B. Huie, one of the twenty-nine. 
 Wliittaker was taken by Bluxome just as he entei-ed 
 his cell. This was about a quarter jjast two. At the 
 same instant, by different parties, McKenzie and the 
 officers were seized. There was some scuffling be- 
 tween the officers and the vigilants, and a few harm- 
 less shots were fired. Whittaker and McKenzie 
 struggled hard, but were quickly overcome. The 
 two criminals were bound, and hurried to a carriage 
 in waiting. The other inmates of the prison stood 
 trembling with fear, without offering the least resist- 
 ance, not knowing when their own turn might come. 
 No sooner were the two prisoners thrust into the 
 carriafje which stood in readiness round the corner 
 than the driver plied his whip, and the horses dash(;(l 
 off at the top of their speed, up Broadway to Stockton 
 street, thence to Washington and through Dupont, 
 Sacramento, Montgomery, and California streets, to 
 the Committee rooms on Battery street. Not a 
 moment was lost. Over the doors of the second story 
 of the building projected two beams, fastened to which 
 Avere blocks roved with ropes noosed at one end. 
 With their coats removed and arms pinioned to their 
 
 II 
 
 1 ■ 
 
 1^ II 
 
 li 
 
 
364 
 
 THE CIRCUMVENTORS CIRCUMVENTED. 
 
 sides, tho ropos were adjusted round their necks. The 
 next instant the two prisoners Avere simultaneously 
 jerked from tlieir feet and hoisted in air until their 
 heads touched the beams above; then they were 
 lowered and ao^ain hoisted until life was extinct. 
 
 Nothing of the plan was known to any except the 
 executive conmiittee and those actually engaged in 
 it. Even the preliminary arrangements, as we have 
 seen, were made outside of the Committee rooms. 
 Less than three quarters of an hour was occupied 
 from the time of the attack upon the jail till the un- 
 fortunate men were swinjjinff from the beams of the 
 vigilance Committee building. Following is the re- 
 turn of order of arrest. 
 
 ' ' ExECTTivK Committee of Vigilance Committee, \ 
 "8ax Fhancisco, August 24, 1851. / 
 
 "Agreeable to your orders above, I detailed thirty (30) men, who pro- 
 ceeded in three divisions, under the respective orders of Col. G. W. White, 
 C'fipt. Calhoun, and Mr Oscar Smitli, and in the sliort space of five minutes 
 from the first charge the prisoners above named were on their way to your 
 
 head-quarters. "Respectfully, 
 
 "J. W. Cartwright.' 
 
 While the vehicle containing the prisoners and their 
 guard was dashing through the streets the ^lonu- 
 mental bell struck the well known signal, but before 
 many members in answer to its summons could reach 
 the Ccjinmittee rooms the deed was done. The execu- 
 tive committee were becoming proHcient in the busi- 
 ness; all had been preconcerted, all was carried out 
 without faltering and without confusion. The execu- 
 tion over, the people were addressed by two members, 
 and the action of the Committee received their un- 
 qualified approval. At sunset the bodies were delivered 
 to the coroner, m ho held an inquest at the house of 
 the California Engine Company. 
 
 The extraordinary incidents of the day, and of the 
 occasion, were never paralleled in any country. Glance 
 once more at them: A law-loving but crime-ridden 
 people rise and do what the law fails to accomplish. 
 
 'i 
 
SOME INCIDENTS. 
 
 865 
 
 namely, seize and strangle villainy, and break up a 
 nest of crime. Their work not quite finished, inept 
 law, following its jealous necessity, snatches two of 
 their caught criminals, in order to punish them in 
 its own way. The people recover and execute them. 
 Where else in liistory shall we find this play of 
 battledoor and shuttlecock between law, justice, and 
 the people? 
 
 From their quiet devotions under the auspices of 
 law to that eternity of which they prayed, these nmr- 
 derers found their swift and natural way. There were 
 many incidents worthy of mention in this connection, 
 but I can give place to but two or three. 
 
 When the i)risoners were bound, with their hands 
 behind and the ropes round their necks, and all was 
 ready for the execution, Whittaker said: 
 
 " 1 want to see Mr Ryckman." 
 
 " What is it, Whittaker?" said Ryckman, stepping 
 up to him. 
 
 *' You have never deceived me, and I will tell you 
 something. You are a doomed man. You will be 
 iissassinated in less than ninety days. Reckless and 
 determined men have sworn it." 
 
 " I am not afraid of them," said Ryckman. " All 
 the desperadoes this side of purgatory can never in- 
 timidate me in the discharge of my duty." 
 
 While the execution was taking place the mayor, 
 Brenham, was noticed sitting quietly on a pile of 
 lumber on the opposite side of the stro'^,t from the 
 ( 'onunittce rooms, regarding the proceedings appar- 
 ently as an idle spectator. 
 
 After the men had been hang-iniTf about fifteen min- 
 utes Gallagher presented himself, blustering for the 
 bodies. 
 
 " What do you want?" asked Ryckman, stepping 
 forward. 
 
 " I am coroner of the city of San Francisco, and I 
 want these men !" 
 
 " You can't have them." 
 
 I 
 I 
 
366 THE CmCUMVENTORS CIRCUMVENTED. 
 
 " If you don't give them to me I will cut them 
 down!" 
 
 " Raise your hand to touch those bodies and you 
 are a dead man. Come, be quiet and take a drink — 
 that or the contents of this pistol, as you like." 
 
 The Irishman calmed himself and * smiled. ' 
 
 "When can I have them?" he asked, now wholly 
 resigned. 
 
 " When the sun goes down," said Ryckman. 
 
 The day after the execution Hays, the sheriff, 
 meeting Ryckman, said: 
 
 " I am mortified to death. All my hopes of reelec- 
 tion are destroyed." 
 
 " Colonel, don't be foolish," Ryckman replied. 
 " Seek the election. You have acquitted yourself 
 fully. Failure sometimes is more successful than 
 .success." 
 
 :«;' 
 
CHAPTER XXIV. 
 
 MINOR RASCALITIES. 
 
 They demon gladly to the Imdder end. 
 
 Chaucer, 
 
 The revelations of Stuart gave many cause for 
 uneasiries.s. In the published confession some of the 
 names given by him were omitted and blanks inserted, 
 and many an undetected rascal in reading that report 
 saw in fancy the letters of his own name flaming 
 blood-ied in blank spaces. Knowing, moreover, that 
 for every blank the Committee had the true and fit- 
 ting appellation, some who before regarded themselves 
 as fixed and settled members of the connnonv ealth 
 suddenly ariived at the conclusion that their healtii 
 required a change of air. 
 
 More than any other one person T. Belcher Kay 
 sat uneasily as he read that confession. He is said to 
 have been the instigator of the great fire of the 22d 
 of June. His assistants in that aftair were Jii^imy- 
 from-Town, Dutchy Betts, Adams, and Wiiittaker. 
 Kay promised to have the plunder properly divided; 
 they secured some eight thousand dollars in all, in- 
 cluding three cases of valuables sent to a Sacramento 
 Jew, who did business on the corner of J and Second 
 streets. Kay was disgusted with the present tui-n of 
 affairs. Things were coming to a pretty pass when, in 
 addition to the trouble caused him by the people, every 
 other man of them had turned thief-hunter; when a 
 comrade would not suffer himself to be hanged in 
 quiet, but must first tell all he knew and jeopardize 
 the lives of his former companions. Whoever heard 
 
 (3C7) 
 
808 
 
 MINOR RASCALITIES. 
 
 tti 
 
 of such a state of thin^s^ wlieii onC' could not fire a 
 few huildinyrs without ('au«iii<r sudi a commotion! It 
 was not fair. Why could not morchauts and mechan- 
 ics mind their own business? What did they know 
 about law? Incendiarism, robbery, and murder were 
 matters resting' entirely between gentlemen of the 
 ])r()fession and the courts, between which classes lay 
 the net-work of the law, both manipulating it as best 
 they might according to their respective interests. 
 Now, for the men of merchandise to interfere and 
 raise such a hubbub was infamous. The country was 
 becoming unfit for a respectable scoundrel to live in. 
 Everything seemed turning against him. The people 
 were patrolling and associates confessing. There were 
 yet the courts, however. After all, the law had treated 
 him well enough, ami legal technicalities were about 
 the safest covert for hunted rascality; tiiere money 
 was money. He was friendless now; there his stolen 
 gold dust would bu}^ him a friend into whose safe ear 
 he could pour his secrets, tell all his guilt, and secure 
 him able and acti\e sympathy; for so kind law pro- 
 vided. Money would likewise buy him witnesses who 
 would swear to anything his legal accomplice might 
 indicate. Money made wan the cold cell, soft the 
 hard couch, drove hunger a. xl thirst to hide them- 
 selves; it opened prison doors, and made even judges 
 benignant. Law was the only safe refuge for the rascal ; 
 to the law he would go, and that while he was able. 
 
 At the time of Stuart's arrest Mr Belcher Kay 
 was in San Francisco, but urgent calls of conscience 
 took him to Sacramento. The outlook there was not 
 comforting. Everywhere he found too many people 
 earnestly intent on not minding their own business. 
 A Sacramento July was hot and withering, a San 
 Francisco July was cold and shivering; indeed, the 
 climate of California he believed to be changing. The 
 fact is, Mr Belcher Kay was unhappy. The vigilance 
 men were after him, and he knew it. There were 
 among them those whom the June fire, a most un- 
 
TIIK NKW UABKAS CORPUS. 
 
 3U!) 
 
 re a 
 It 
 
 han- 
 
 uow 
 
 were 
 
 ' the 
 
 3 lay 
 
 I best 
 
 rests. 
 
 ! and 
 
 y was 
 
 ve in. 
 
 )eo\)l*' 
 
 ) were 
 
 rcatcd 
 
 about 
 
 money 
 
 stolen 
 
 afe car 
 
 secure 
 
 w pro- 
 
 es who 
 might 
 
 hft the 
 them- 
 judges 
 [rascal; 
 ible. 
 ir Kay 
 Iscience 
 as not 
 people 
 [isiness. 
 a San 
 id, the 
 The 
 ^ilance 
 |e were 
 ost un- 
 
 fortunate kindling at this juncture, had for the third 
 or fourth time stripped of every dollar; and he knew 
 that, too. 
 
 No time was to be lost. To flee the country was 
 impossible ; every avenue of escape was closely watched. 
 There was but one refuj^e left, anil that had never 
 failed him — his benign mother, the des[)erado's alma 
 inafcr, the law. 
 
 Assuming the costi'me of an elderly female, he 
 dodged a detachment of the San Francisco Committee 
 sent u|) to arrest him, cut across the country to Stock- 
 ton, thence to San Jose, and uj) to San Iwuh -iscu. 
 Here, on the IGth day of Jul}', ho drove to court in 
 a buggy, still disguised us an old wojnan. that he 
 might swear out a writ of hahca.s corj • v for his 
 own body before some one else should snatch it 
 from liirv 
 
 Mr T. Belcher Kay did not, however, arrive at 
 court a stranger. Before leaving San Francisco he 
 liad taken steps to legally secure himself to himself 
 On the llth of July, the day of Stuart's execution, 
 one William Thompson Jr. appeared before Hugh C. 
 ^lurray, of inglorious fame, then chief justice of the 
 supericn- court of San Francisco, and swore, to the 
 best of his knowledge and belief, that T. Belcher 
 
 • 1 • 
 
 Kay was unlawfully restrained (jf his liberty and im- 
 j)risoned by a great number (jf persons styling them- 
 selves the Vigilance Counnittee, and that the said 
 ]>ersons were endeavoring to conceal the said T. 
 Belcher Kay in order that ho might not be reached 
 by legal process until they could strangle him ; where- 
 upon the said court, bewailing such a fate for a free 
 city-burner, directed Sheriff Hays to seize the body 
 of the said Kay wdienever and wherever it might be 
 found, and to liold it safely for himself and for the 
 law. Now the truth of the matter is that the Vigil- 
 ance Committee had never had the '">ody of Mr Kay 
 in their possession, else the affidavit of Mr Thompson 
 would have been useless. 
 
 Fop. Tbib.. Vol. I. U 
 
 i I 
 
 !! 
 
MINOR RASCALITIES. 
 
 From Sacramento the 13th of July Mr Kay wrote 
 the San Francisco Vigilance Committee as follows : 
 
 "Being informed that certain grave charges have been preferred against 
 me by the man Stuart, and that you wish to try me on said charges, I now- 
 state to you that I am ready and willing to meet the same, and will volun- 
 tarily deliver myself up the moment you may send for me, trusting to your 
 honor for a fair and impartial trial, and beg of you to secure for me as counsel 
 
 Geary Austin, Esq. "Very respectfully, 
 
 "T. B. Kay." 
 
 How Mr Kay kept this promise we have already 
 seen. 
 
 Commenting on the action of the court in Kay's 
 case, the Herald of July 24th says: 
 
 "Wlien a writ of habeas corpus was sued out in the case of William 
 Walker, an honest citizen, whose sole crime was a conscientious discharge of 
 liis duty, the applicant was knocked about from court to court like a shuttk'- 
 cock, and seven days elapsed before he was restored to his liberty, while here 
 in the case of a man charged witli felony, known to have been the companion 
 of thieves and burglars, and suspected of being their confederate, the portals 
 of justice open wide to receive him even liefore he knocks for admission, and 
 a process issues to restore him to liberty before he is known to be in durance. 
 All according to law, perhaps ; but if it be so, then that law acts directly for 
 the oppression of the honest man and the immunity of the knave. We cannot 
 believe the law was ever intended for any sucli purpose. We repeat, then, 
 that here is a case demonstrating the necessity of a Vigilance Committee anil 
 disproving all the cant indulged in about tlio sacredncss of the courts. Tlicst' 
 institutions are formed for the purpose of dispensing justice, and if they do 
 not answer that purpose tliey are worse than useless. " 
 
 Mr Thompson was indicted by the grand jury for 
 perjury. Mr Belcher Kay was discharged by tht; 
 court on the 1st of August, and immediately took 
 passage for the cast. 
 
 Other minor matters claim attention. One Fran- 
 cisco Guerrero, on the 12th of July, was murdered at 
 the Mission. The coroner's jury, whose investigation 
 was made in the presence of the Vigilance Committee, 
 named Francis Le Bras ps the murderer. The Com- 
 mittee, from the evidence, were not fully satisfied that 
 Le Bras was guilty of the crime; nevertheless they 
 retained him in their custody. 
 
 r* 
 
COMMERCIAL TRANSACTIONS. 
 
 371 
 
 rrote 
 
 rs: 
 
 against 
 , I now 
 i volun- 
 to your 
 counsel 
 
 iAY." 
 
 jeady 
 Kav's 
 
 William 
 
 icharge of 
 a shuttk" 
 vhilo hci(; 
 jompanion 
 ,he portals 
 ission, ami 
 11 durancu. 
 irectly for 
 ^Vo cannot 
 
 icat, then, 
 mitteo ami 
 [•ts. These 
 
 if they ilo 
 
 jury for 
 J by the 
 llv took 
 
 Fran- 
 Icred at 
 bigatioii 
 imittee, 
 ic Com- 
 ied tlitit 
 Us they 
 
 The Committee continued to take testimony for 
 and against the prisoner all that day and part of the 
 next, without being able to convict. Meanwhile the 
 sheriff, with a posse comitatus and writ of arrest, 
 knocked at the door of the Vigilance Committee 
 rooms and demanded the person of Francis Lc Bras. 
 The sheriff was politely informed that after the Com- 
 mittee had acted upon the case they would determine 
 what disposition to make of the prisoner. At the same 
 time the sub-committee, to whom the case had been 
 referred, recommended that no notice should be taken 
 of the writ, and if it be thought advisable to submit 
 the case for trial at court by the authorities, to do so 
 of their own free will, and meanwhile to keep in cus- 
 tody the prisoner. The executive committee concluded 
 finally to surrender the prisoner to the civil authorities, 
 taking from the sherifl* a receipt for the delivery of his 
 person. Upon this action the Herald ol)scrves: 
 
 "The Committee's course in this matter sufficiently refutes the charged 
 that have been made against them that they were anxious to assume supremo 
 powers and seize every opportunity of exercising judicial functions. As the 
 community will perceive, they have licretofore confined tlicir action exclu- 
 sively to cases where tlio guilt of the offenders was established lieyoud the 
 possibility of cavil or doubt; and so strictly have tliey adhereil to this course 
 that, whatever other charges have been urged against tliem by their opponents, 
 none liave been so reckless as to aasert that they Jiave ever punished an inno- 
 cent man." 
 
 Herewith I give copies of receipts for prisoners de- 
 livered by the Vigilance Committco of their «jwn free 
 and deliberate will to the oiUcers of tlie law. 
 
 "San Fraxcis(;o, July 23, 18.>1. 
 "Received of the Committeo of Vigilance of the city of San Francisco the 
 following prisoners, handed ovit to the sherill" of said county by (jrder of saiil 
 Committee : James Bums, alioi: J immy-from-Town ; Ainsworth, aliai Round- 
 head. , 
 
 " The above prisoners being sound in liody and health. 
 
 " Received the bbovo prisonera from J. L. Van Bokkelen, of the Vigilance 
 
 Committee, Wednesday night, July 23d. 
 
 "Jou.v C. Hays, Shrif. 
 
 "Wm. Lambert, Keeper. 
 
372 
 
 MINOR RASCALITIES. 
 
 ' ' Received of the Committee of Vigilance a prisoner named George Arthur, 
 accused of house-breaking. 
 
 "The above prisoner has been received from J. L. Van Bokkelen, of 
 Committee, Wednesday night, July 23, 1851. 
 
 "Sam'l C. Harding, 
 " Captain Third Diatrict Police Station." 
 
 Jimmy-from-Town gave the Committee quite a little 
 chase, but was arrested, six days after Stuart's execu- 
 tion, near Marysville. His true name was James 
 Burns. He was convicted of various crimes, and sen- 
 tenced to ten years' . imprisonment. Jimmy Round- 
 head was likewise caught by the Vigilance Committee 
 and presented to the sheriff. 
 
 Afjain the tolling of the Monumental's bell an- 
 nounced the sitting of the Committee in solemn 
 conclave. At ten o'clock in the morning of the Gth 
 of August, 18oI, hundreds were seen rushing through 
 the streets toward the rooms of the Committee on 
 Battery street. 
 
 " What's up?" asked everybody of everybody. 
 
 " Don't knou', unless Adams is to be tucked up." 
 Adams, a noted burglar and boon companion of Stuart, 
 was found in a tent on the American River. He was 
 a'^rested by the emissaries of the Vigilance Committee 
 and brought to the San Francisco head-quarters the 
 IDth of July. But Adams was not to be 'tucked u[).' 
 The Committee were about to perform an act which 
 should mark the nobleness of their motives, the cool- 
 ness of their demeanor, and the temperate firmness 
 of their character, more conspicuously than even the 
 hanixint; of Jenkins and Stuart. One of the fearful 
 ills which should be fastened on society by this unrul}^ 
 organization, predicted by the lovers of the courts and 
 court officials, was an ever increasing thirst for power, 
 which should rise to intoxication and degenerate into 
 licentiousness. Again we see the Committee, who 
 had spent their own time and money in the capture 
 of a notorious criminal, and in gathering the evidence 
 
LAW-BREAKERS GREAT AND SMALL. 
 
 373 
 
 of his guilt, voluntarily surrender him to the consti- 
 tuted authorities, to be tried and sentenced in accord- 
 ance with recognized forms of law. 
 
 "There they come!" shouted one, as Adams ap- 
 peared at the entrance between the chief of the 
 vigilant police and a deputy sheriff. They marched 
 toward the county jail, followed by several members 
 of the Committee and a crowd of citizens. The spirit 
 of justice smiled on her ministers that day, and the 
 court was not slow in recognition. The lesson of alac- 
 I'ity had been well inculcated; scarcely was Adams 
 lodged in prison before the judge had him out, tried, 
 and condemned. Even the anti-viffilance ortjans 
 were satisfied to have the Committee act as a de- 
 tective police, and signified their willingness that 
 the organization should continue on that basis — sug- 
 gestions in regard to which the Connnittee were 
 profoundly indifferent. 
 
 Mrs Hogan secreted lierself on board of a ship lying 
 in the harbor, but was seized by tlie Vigilance police 
 and brought to the Connnittee rooms on the 19th. 
 She was about thirty-five years of age and (juite gen- 
 teel in appearance. Her carriage, one of the finest 
 in the city, stood at the door of the Vigilance Com- 
 mittee rooms on the day of her arrest, l)ut at night 
 the lady did not drive away in it, although tlicre was 
 not at present testimony sufficient for hav conviction. 
 
 Thieves arrested by citizens nt the great June lire 
 were taken, as a matter of courst;, before the Vigilance 
 Connnittee. One was publicly wliijtped and onlered 
 to leave the city. Five thousand dollai-s reward was 
 otfered for the ap])rehension and conviction btjfore the 
 Committee of any incendiary, and notice to that efiect 
 appeared in English, French, Spanish, and German, 
 in the journals of the day. 
 
 Dab was arrested one ni<jht on board the steam- 
 boat Neiv World, oi route from Sacrament^ to San 
 Francisco. Dr Kennedy, surgeon of the ahiy) Joiuifitone, 
 
374 
 
 MINOR RASCALITIES. 
 
 was arrested for stabbing the captain — a system of 
 surgery practised even by some who could not show 
 a diploma. 
 
 Samuel Purdy, while candidate for the office of 
 lieutenant-governor, assaulted Mr Robb of the Stock- 
 ton Journal in such a manner as to call forth the 
 severest comments of the press. 
 
 The captain of the brig Hallowell was taken into 
 custody by the Vigilance Committee on Sunday, the 
 24th of August, for having caused the death of a 
 boatman, but after examination he was surrendered 
 to the authorities. 
 
 Early in July a tent on the Middle Fork of the 
 American River was entered and twenty-three hun- 
 dred dollars stolen from a trunk. Suspicion pointed to 
 one Hamilton Taft, who, having fled to San Francisco, 
 was arrested at the Branch Hotel by two members of 
 the Vigilance Counnittec. The prisoner asserted his 
 innocence, but on being searched gold dust and coin 
 were found upon his person, and a portion which he 
 had thrown into a sink answered to a description of 
 that which was lost. The man was then taken to the 
 Committee rooms, where shortly after he confessed 
 the crime. He was sent back, under a strong guard, 
 to be dealt with by the authorities at Auburn. 
 
 Arrentrue was indicted by the grand jury for at- 
 tempt to murder in the mines, and for assisting Wat- 
 kins to escape jail. Benjamin Lewis, found guilty of 
 arson by the court, was sentenced to two years in the 
 state prison. This was the highest punishment for 
 the offence as the law then st5od. Two days after, 
 however, a new statute went into effect which made 
 arson punishable by death. Lewis went happily to 
 prison, rejoicing in the promptitude of trials in Cali- 
 fornia. 
 
 Briggs, the 'Sydney duck,' mentioned in Stuart's 
 confession, was reported as being in San Francisco 
 on the 1 5th of October. All night members of the 
 Committee were on the alert, but the morning dis- 
 
 ■ : f 
 
SOME ARE SENT AWAY. 
 
 373 
 
 closed the fact that he had left the day previous on 
 the brijy General Cohh, or the British bark Francis, 
 bound for Australia, A committee was appointed to 
 wait upon the collector of the port and obtain the 
 requisite authority to search the two vessels. They 
 pursued the fugitive, pushing out through Golden 
 Gate in the steamer Firejly. Boarding the Cohh, 
 they ascertained that Briggs was not there. The 
 brig Francis was a long way off; the steamer fuel was 
 low, and they were obliged to abandon the chase. 
 
 John Goff was informed by the Committee that he 
 must leave the country, and many thought it an un- 
 just sentence; whereupon the Committee caused to 
 appear in the public journals the facts that Goif was 
 a convict, a bad character, and the boon companion of 
 burglars. In his possession was found a conditional 
 pardon, given in Sydney the 1st of ]\Iay, 1841), by 
 Sir Charles Augustus Fitzroy, governor of New South 
 Wales — the condition being that Mr Goff might go 
 free in any part of the world except Great Britain 
 and Ireland; there his pardon would be forfeited if 
 lie presented himself Mr Goff was obliged to de- 
 posit with the Committee a sum of money as a guar- 
 antee that he would quit the country by the brig Veto, 
 bound for Sydney', 
 
 Mr Hetherington, destined to yet higher inglori- 
 ous fame, was at this time keeping a notorious den 
 at North Beach; being warned to leave, instead oi' 
 obeying, he applied to the courts for protection. 
 The days of grace expired; two hundred men sur- 
 rounded his premises, aiicsted him, and placed him 
 on bo.' 1 . a vessel in the harbor, there to await tlu; 
 first departure for Sydney. We shall meet this 
 gentleman again. 
 
 A young man named Harrison, son of an honest 
 and highly respected gambler, John Harrison, one of 
 the oldest in New York city, who was ordered by 
 the Committee to depart from these shores, had 
 quite a strange career subsequently. From Julia 
 
 r I 
 
370 
 
 MINOR RASCALITIES. 
 
 I ) 
 
 Brown, his prostitute mother, he inherited some 
 property. After favoring Cahfornia with his absence 
 he went to Kansas. Walking along the streets of 
 Leavenworth one day, he boastfully counted oti his 
 lingers to a companion eleven men whom he had 
 killed. Suddenly he drew his pistol, exclaiming, "I 
 must have twelve jurymen in hell to try mc when I 
 go there!" and fired, shooting a German cobbler at 
 work on the opposite side of the street. He made 
 good his escape. Next we hear of him at the head 
 of twenty-five desperadoes, playing soldier in 18G1. 
 Driven from the army for bad conduct, he lied to the 
 Indian Territory, raised a company of half-breeds, and 
 began a series of depredations on both sides of the 
 line. These bold measures were kept up till one 
 day, in a town in Arkansas which he had robbed, he 
 was captured by the citizens, who killed him very 
 dead: first they hanged him; then they decapitated 
 him and placed his head upon a pole. 
 
 In the matter of Saumcl Gallagher, accused of 
 killing Pollock, tlic Vigilance Committee declined to 
 act, on the ground that it was not part of their pur- 
 pose to lake cognizance of personal quarrels, but 
 ratiier to direct their surgerv against chronic diseases. 
 Rapine, with its attendant burglaries, incendiarisms, 
 and murders, the Conuiiittce made it their more special 
 duty to suppress, leavmg to the law private animosi- 
 ties and minor questions of justice. 
 
 Strange freaks of human nature were seen at times 
 about this strange tribunal. A negro confessed to 
 havino; started the late conflagration, and was arrested 
 bv the Vigilance Conunittee. After exa,mmation, m 
 which were r(>peated confessions and denials, he was 
 discharged. At another time a man rushed to the 
 door of the Committee rooms and attempted to gain 
 admission. Stopped by the sergeant-at-arms, he in- 
 sisted on entering to receive punishment for stealing. 
 He was finally driven away. And yet neither of these 
 
 B I ' 
 
MR JAMES DOWS. 
 
 377 
 
 men seemed insane, though they may have been a 
 little bewildered by a bad conscience. 
 
 More fearful of vigilant justice than that of the 
 law, some offenders surrendered to the latter and 
 voluntarily confessed secret sins, — instance the case 
 of Alfred Edmondson, who walked into the sheriff's 
 office o.ie day in July and stated that he had shot one 
 McKinley at a ranch thirty miles distant. 
 
 A reform was noticed about this time in the pro- 
 ceedings of street encounters. The revolver's click 
 was less often heard, and in its stead the air rever- 
 berated with the whizzing of the cowhide. Women 
 played this instrument as well as men; it was less 
 .sanguinary than the old way, and more in keeping 
 with the hate of v/^oman, who loves best that method 
 which inflicts the most punishment with the least 
 danger. 
 
 imes 
 d to 
 3ste(l 
 
 On one occasion when Selim Woodward was in the 
 chair and the members in full attendance, the general 
 committee had before them on trial a Mexican boy 
 charged with theft. The evidence was in, conviction 
 clear, and the only remaining question was the kind 
 of punishment. Some were for banishment, some for 
 whipping, and others for something more severe. Mr 
 James Dowes, then as ever a central figure for humor, 
 liad already addressed the assembly twice, and wished 
 to speak again, but the rule was rigid that no one 
 should speak more than twice on the same subject or 
 occupy more than five minutes. Dowes induced a 
 liiend to secure the floor and then waive in his be- 
 half, and raisin<jf liis lonfj, lank form liisjch above all 
 around, in that nasal twang and cjaculatory delivery 
 peculiar to him, he said: "Gentlemen, I do not wish 
 to i'atigue you; I beg merely to say that it takes no 
 longer to hang a man than to whip one." The manner 
 of it was more than the matter; the Committee 
 roared, and immediately released the boy with a simple 
 reprimand. 
 
fjt 
 
 MINOR RASCALITIES. 
 
 
 Mr Dows, who was a fearless and vehemently un- 
 compromising member of both Vigilance Committees, 
 during the winter of 1850-1 kept a large liquor store 
 on Montgomery street, where Montgomery Block 
 now stands. Those were thirsty days, and thither 
 flocked men of every caste and color to drink. Side 
 by side drank mechanics and murderers, honest men 
 and thieves, the latter looking and listening as they 
 quaffed their poison. One night, when Mr Dows' safe 
 contained ten thousand dollars' worth of gold dust, tlio 
 burglars opened and emptied it; and next moruino-, 
 upon the spot, mingling with others whom curiosity had 
 drawn thither, were the thieves themselves, quietly 
 taking their beverage and complacently regarding the 
 havoc they had made. Jimmy- from -Town was chief 
 of this plot, and subsequently Mr Dows had the 
 pleasure of sitting in judgment upon him. 
 
 As a matter of course, it was to be expected that 
 our celestial brother, John, should find occasion to 
 utilize this as well as other American institutions. 
 All Sing and Lip Scorn for some reason desired that 
 Ah Lo and Ah Hone, with two women of the neither 
 wife nor maid species, should be sent back to China. 
 They were bad Chinamen, said the almond-eyed, they 
 struck from the shoulder, kept a bad house, and be- 
 longed to the law and order party. All which was 
 not difficult of belief; but amongst millions of century- 
 smoked souls how distinguish one from the other? 
 What is the difference between a good Chinaman and 
 a bad Chinaman? 
 
 Nevertheless, as the first two named spoke first 
 their accusation — which if reversed would have been 
 very much the same, either party answering equally- 
 well for plaintiff or defendant — as they expressed an 
 anxiety to assist in purging the city in the latest 
 fashion, and by a method other than that of the stand- 
 ing Jackson-street emetic; and above all, as the}' 
 proposed to pay all the expenses of custody and 
 
DOWNCAST ALMONDEYES. 
 
 379 
 
 passage back to China, the dread tribunal granted 
 their prayer. Indeed, they might empty every sub- 
 urban sink-hole in California on the same terms if 
 they liked. 
 
 But seriously, testimony of a sufficiently respectable 
 character to convict these flowery offenders of arson, 
 of having drugged and robbed sailors, was offered the 
 Committee, and they were compelled to depart. At 
 the same time charges were preferred by their coun- 
 trymen against Ah Loh, Sin Co, and Ah Oeh; but 
 this the Committee voted a conspiracy, and made the 
 complainants understand that the order of exile in its 
 application was neither universal nor permanent. 
 
CHAPTER XXV. 
 
 THE INQUISITORS IN COUNCIL. 
 
 Though the mills of God grind slowly, yet they grind exceeding amall ; 
 Though with patience he stands waiting, witit exactness grinds he all. 
 
 Friedrich Von Logan. 
 
 We have seen that July was a busy month, and 
 the accumulated documents show that the month of 
 Auijust was not an idle one. Aside from the stirrinsf 
 affairs connected with Whittaker and McKenzie there 
 were a score or more of the minor members of the 
 now scattered fraternity to be looked after, corre- 
 sjiondencc witli country Committees had to be kept 
 up, the sij^nificance of legal technicalities studied, 
 trials held, witnesses examined, funds raised, and a 
 liundrcd other like duties performed. It is won- 
 derful to what a state of perfection the new ma- 
 chinery was brought within the first three months of 
 its running. Wonderful it is what men of sense and 
 skill can do when possessed of that power which 
 secures them alisolute freedom of thoufjht and action. 
 
 . • • • • 
 
 That political libertinism did not follow this deluge 
 of liberty is the strongest proof of the even balance 
 of their minds and the integrity of the hearts of those 
 who achieved this great moral victory. 
 
 At a general meeting on the 2d of August a 
 committee was appointed to report on the use and 
 abuse of the writ of habeas corpus. Devised in the 
 hour of oppression, observed the committee, as a 
 safeguard of liberty it is one of the most precious 
 rights of man. The intention of the writ is to relieve 
 
 from unjust confinement a person accused but not 
 
 [;»80] 
 
THE QUALITY OF HABEA8 CORPUS. 
 
 Mt 
 
 convicted of crime, on condition that he offer suf- 
 ficient security to appear and answer to the oharij^o 
 when called for. The question in this connection is, 
 May it ever be disre<^arde<l? The weakness of the 
 habeas corpus lies in the fact that to insure its rapid 
 action the rij^ht of granting it must be vested in many 
 officers. False testimonv or an oath made on erronc- 
 ous information may in an instant wrest from the hand 
 of justice the criminal whom it has re(|uired much 
 labor and expense to secure, and tluis this gr-eatust of 
 civil blessings may in effect prove baneful. It is 
 against the abuse of the habeas corp'is that tlie peo[)le 
 are called to raise their voice. A peculiar contUtion 
 of society may render the unrestrained use of the 
 writ dangerous to the state. Policy sometimes re- 
 quires its suspension — instance the wars of tlie 
 Jacobins, En<;land during the reign of Georsjfe I. and 
 at various ej)ochs. Should the Vigilance Committee 
 deem it expedient to resist the writ ujion occasions, 
 it has the sanction of precedent. The existence of 
 this Committee, formed as it is of the best material 
 of society, is proof sufficient of its necessity. The 
 writ of /uiJteas eo. pus, among other mechanisms of 
 tlie law, has certainly been em[)l()yed for shielding 
 iniquity, and it remains either for the Committee 
 of Vigilance to degenerate into a mere detective j)olice, 
 or to free itself from the fear of resisting the writ 
 when they see it abused. They cannot afford to catch 
 criminals for habeas corpus, or any othei- law trick, to 
 liberate. Such, and more of the same tenor, the gen- 
 tlemen appointed rej)orted to the Committee; account- 
 ing it the right of the Committee to regulate the writ 
 of habeas corpus, or anything else affecting the wel- 
 fare of the commonwealth. 
 
 Prompted by their gratitude to those who had re- 
 stored safety to the city, the ladies of San Francisco 
 presented to the Committee of Vigilance a banner of 
 blue silk, emblazoned with a border of oak, olive, and 
 
382 
 
 THE INQUISITORS IN COUNCIL. 
 
 fig leaves, emblematic of strength, peace, and plenty; 
 inscribed on one side were the words, in golden char- 
 acters: 
 
 "The Vigilance Committee of the City of San FranciBco: 
 
 Instituted June N, iSSl, 
 
 For the Protection of the Lives and Property 
 
 of the Citizens and Residents of the 
 
 City of San Francisco. 
 
 Const., Art. /." 
 
 And on the reverse : 
 
 "Presented to the Vigilance Committee 
 
 of the City of San Francisco 
 
 By the Ladies of Trinity Parish, as a 
 
 Testimonial of their Approbation. 
 
 •DO KIQHT AND FEAll NOT!" 
 August 9, 1851." 
 
 Estimating the compliment by its cost, which was 
 nearly one thousand dollars, we may believe that the 
 gift was from the heart. The banner was presented 
 by Benjamin S. Brooks, in a neat and pertinent speech, 
 which concluded as follows : 
 
 "This gift comes with peculiar appropriateness from the ladies. At the 
 time that this society was organized our situation was very different from 
 what it is at present. It is true that the strong man, with loaded revolvers 
 in liis pocket and bowie-knife concealed in his breast, might defy the attacks 
 of the Sydney convict, and the refuse of all the world which infested our city, 
 hut it was different with the weak and defenceless woman. She who sits 
 patiently at home waiting for her husband's return from his business, in every 
 noise about the hoi'se she fears the burglar and the robber. If she leaves the 
 liouse, a thousand >ars beset her for the safety of her children ; if the husband 
 is delayed beyond 's usual time, a thousand fears, a thousand horrid visions 
 of murder, and oi vge, and violence come upon her heart, and fill her with 
 anguish and disma Such was San Francisco ; but now we live in peace. We 
 sit beneath our vine id fig tree happy and secure, and woman's heart feels, 
 and this her gift cXj isses, her gratitude. Gentlemen, accept this gift, and 
 all your actions, in .1 the assaults which may be made upon you by those 
 who hate, or those v o fear, or those who doubt, remember the motto which it 
 bears, 'Do right and fear not,' for in the end blessings will ever reward you 
 for your laborious vigilance for the protection of our lives and property." 
 
DONATIONS AND CONGRATULATIONS. 
 
 Committeeman No. 404, at the general meeting of 
 August 9th, offered the following resolution, which 
 was adopted: 
 
 "WitKREAS, There is a United States law inflicting a fine of one thousand 
 dollars upon captains of Teasels for each con\'ict that they hring from the penal 
 colonics of Great Britain to the United States, one lialf of which fine is awanletl 
 the informer; therefore, 
 
 "Renohrd, Tiiat the executive committee bo (lirectc<l to lodge infonnation 
 forthwith against the captains now in port who have Iwen guilty of this offence, 
 and to prosecute tliu matter, and that the proceeds bo appropriated to the ob- 
 jects of this Committee." 
 
 A letter was received from Messrs Flint, Peabody, 
 and Company, inclosing one hundred dollars. The 
 j^ift was accompanied by a letter couched in the fol- 
 lowing terms: 
 
 "Plciise find herewith check for one hundred dollars, which wc ask you 
 to accept as a small token of our appreciation of your efforts to punish iiiid 
 suppress crime in our midst. We have sympathized with you since your first 
 (irgani?4ition. We appreciate your labors in behalf of tliiscity ; and knowing 
 that you have been iit much expense, we deem it our duty to bear some shart- 
 I if the sam<\ We trust that in the present crisis your action will be charac- 
 terized by your usual prudence and firmness, and that you will not entertain 
 a thought of discontinuing your efforts in so noble a cause." 
 
 During the month of September there was a slight 
 falling off in the volume of business transacted : still 
 there was sufficient work to keep up the enthusiasm 
 of the association. Many offenders wore captured 
 aufl delivered to the sheriff. Between the Com- 
 mittee and the authorities general good-fellowshi[) 
 now prevailed. 
 
 The latter had vindicated the ruffled dignity of the 
 law in their futile attempts to baffle the will of 
 the people; wliilo the former, having achieved in the 
 accomplishment of its purposes a proud success, with 
 calm complacency held steady the reins of govern- 
 ment, bidding the law take heart and have no fear as 
 to tlie ultimate result. 
 
 The following report of the executive committee to 
 
 
384 
 
 THE INQUISITORS IN COUNCIL. 
 
 I 
 
 
 the general committee exhibits the status and senti- 
 ment of the association at this time : 
 
 "Executive Cuamber, September 6, 1851. 
 "To the gentlemen composing the Committee of Vigilance qf San Francisco: 
 
 "The executive committee of yourbody havolabored arduously to accom- 
 Ijlis'i the business committed to them, in the discharge of which they have 
 li;id but a single eye to the safety and prosperity of their fellows. It is with 
 much sincere satisfaction that they are enabled to say that the reports before 
 you embrace action in relation to every prisoner in their charge, and it now 
 only remains for your sub-committee to see the prisoners depart and not keep 
 them in duress. 
 
 "We also have heartfelt pleasure in communicating the fact that many of 
 the prisoners not only are enabled to pay their own pass;igcs, but are willing 
 to depart in perfect satisfaction with the acta of the Committee ; your coiii- 
 mittce have rendered them every facility that humanity and prudence could 
 dictate. 
 
 "Amongst the cases before us were two of husband and wife ; those two 
 oases demanded ,r attention; your committee have separated the parties 
 for their own good, and by tlio separation may bo the means of saving mucli 
 anguish. Our labors arc now completed, and so far peace and security have 
 attended our clibrts for tlic public good; wc earnestly lioi)e that the blessing 
 of Almighty God may rest upon us ; may the cessation of our labors be no 
 cauHc on the part of the vicious to renew their course of life to the injury of 
 the people. We trust that those in power at tliis time, and those who shall 
 succeed them by reason of tlic late election, may so learn wisdom that in the 
 exercise of their representative duties tliey may case the weight from the 
 shoulders of their constituents, and thereby honor their common country and 
 preserve their institutions unsullied. It will now become you to adopt some 
 action for tie future, to so base tlic present institution that it may silently be 
 a terror to all evil-doers and a rewarder of all that do well; that it may be 
 the guardian spirit of the land. With feeling of high respect and esteem, 
 "Believe me, your obedient ser\'ant and well-wisher, 
 
 "S. Payhan." 
 
 Eighteen 'nembers were present at the meeting of 
 Scptouibor 27th, and thirteen the 30th of September. 
 Nino members constituted a quorum from this date. 
 At the former of these meetings Sehm E. Woodworth 
 was elected first vice-president and G. W. Ryckman 
 second vice-president. At the latter meeting Mr 
 Ryckman stated that there was then a Mexican in the 
 city v'ho had committed seven murders, one of them 
 within a w^ek, and moved that he should be arrested. 
 After due discussion it was decided that under their 
 
 
REORGANIZATION. 
 
 385 
 
 )1. 
 
 :o: 
 
 icotn- 
 have 
 1 with 
 before 
 it now 
 t keep 
 
 lany of 
 willing 
 ir com- 
 ;e coulfl 
 
 lOSc two 
 5 parties 
 n(T mucli 
 
 rity lia\<" 
 3 blessing 
 )r8 be no 
 injury of 
 svlio sluiU 
 liat ill the 
 from tl>e 
 LUitry iiutl 
 llopt some 
 (ilently be 
 it may be 
 ibteem, 
 
 ^EAN. 
 
 ting 
 
 of 
 
 icmbcv. 
 IS (late, 
 hvorth 
 rckman 
 iicr ISlv 
 tn tlio 
 If them 
 IresteJ- 
 Isr their 
 
 lato reorganization the executive committee were not 
 autborizcd to make arrests. It had been the hope of 
 the Committee that they would bo called upon to 
 make no more arrests, but this was not to be. In anv 
 event the sentiment was worthy of them, showing as 
 it did their lionesty, good sense, and manliness. They 
 had no desire to cloof the wheels of jfovernment or 
 throw obstacles in the way of ilue administration 
 (jf law. Though possessed of ample power tliey 
 would use it only upon principle ; they would not even 
 permit themselves to stand before their fellows and 
 before the world a palpable and permanently organized 
 oligarcliy. Amidst the many broils and civil wars 
 which history loves to paint, almost all of which arc 
 purely for personal or party aggrandizement, it is re- 
 freshing to see able and honest men acting from motives 
 of unquestioned purity. 
 
 Subsequently, modified power to make arrests was 
 .again given the executive connnittee by the general 
 committee, but no important action should be taken 
 unless formally sanctioned by the general committee. 
 
 New by-laws were submitted and approved the 
 27th of September, organizing the body anew with a 
 president, two vice-presidents, a secretary, treasurer, 
 and sergeant-at-arms, all of wliom should ])e elected 
 for a term of six months. Stated meetings were to 
 be held every Wednesday. On the 2d of October a 
 salary of one hundred and fifty dollars a month was 
 voted the sergeant-at-arms, whose duties consisted in 
 keeping the roonio and ))roj)erty of the Conmiittee, 
 serving notices, and exercising supervision over the 
 I)risoners, should there l>e any. The following meet- 
 ing, held the 8th of October, voted the secretary a 
 salary of one hundred tlollars a month. 
 
 These by-laws read as follows: 
 
 "There shall be elccteil monthly a president, secretary, and treasurer 
 
 of the Committee of Vigilance. There shall be appointed by tlio Conimitteeof 
 
 Vigilance a sergoant-at-arms, a marshal, or chief of police, and five assistant 
 
 marshals ; also an executive committee of twenty members, the president of 
 
 Pop. Tbib., Vol. I. 33 
 
386 
 
 THE INQUISITORS IN COUNCIL. 
 
 the Vigilance Committee acting as ex ojficio president of the executive cammit- 
 tce. The remainder of the Committee of Vigilance shall be divided into 
 squads or companies of twenty men each ; each squad shall elect its own cuji- 
 tiiin. The object of this subdivision is to make members better acquaint! d 
 one with the other, and each captain with the whole of his particular com- 
 pany. At the present time there will consequently l)e about thirty captains. 
 The companies shall be numbered from one to thirty. It will be the duty of 
 each captain to see that the men under him attenu properly to guard and 
 other duties assigned them. That tiiey pay their fines and dues 'vhen delin- 
 quent ; and he shall report them for bad or suspicious conduct, as well as for 
 neglect of duty, when necessary. Two squads or companies will furnish the 
 exact n\inibcr of men requisite for the guard during the twenty-four hours ; 
 and they shall be ordered to do duty by the sergeaut-at-arms through their 
 captains in regular rotation — companies one and two one day, three and four 
 the next, and so on. From the companies not on duty the chief of police 
 or his assistants may at all times select such men as he may recjuire for police 
 duty, giving his orders to such men always through the captains of the 
 respective companies; as, for example: 'Captain of No. 30, I require from 
 your company by twelve o'clock three men, who shall proceed' — and so fortli. 
 After the chief of police or any of his assistants shall have taken or received 
 any prisoners, he or they shall turn them over to the sergeant-at-arms, pro- 
 vided he consider that the quarters under charge of said sergciint are suffi- 
 ciently secure to keep tliem safely; but should he, the chief, think projicr for the 
 better keeping of said prisoners to remove them to other quarters than thono 
 in the building used by the Committee of Vigilance, he may have the power 
 to do so. It is to l)e perfectly understood that until they are so turned over by 
 the cliief or his a-ssistants he, the said chief, be responsible for them ; but after 
 being placed in the hands of the sergeant, then he, the sergeant, shall become 
 responsible for the said prisoners, and the chief and his assistants shall have 
 no longer any authority to act in the disposition of said pri-joners, unless 
 notified to do so by an order from the executive committee. Should it 
 happen, however, that dnring the absence of a quorum of said executive 
 connnittee the sergeant-at-arnis might think it necessary to send prisoners 
 forth frcmi the building to more secure quarters, then he may have the pow(?r 
 to place such prisoners at such time in the hands of the chief or his assisttmts, 
 directing them to carry said prisoners to sucii quarters as he, the chief, nijiy 
 think safe ; and thereupon the authority and power of saiil sergeant-at-aniis 
 over said prisoner or prisoners shall cease, and the chief or his assistants 
 shall become responsible for said prisoners so removed. It shall be the duty 
 of the sergeant-at-arms to take all care and charge of the prisoners in the 
 building occupied by the Vigilance Committee ; to take proper means to pre- 
 vent the adniLssion of any but members, witnesses, or prisoners into said build- 
 ing; also to see that the said building is pr(J|)erly cleaned and ligliteil, and to 
 do such other iluty in the way of sendinL' notices and advertisements as iiiiiy 
 Ik; ordered by the executive connnittee or by note of the Committee uf 
 Vigilance. He siiall, moreover, have the power, whenever in his judgnuiit 
 necessary, to prevent all connn'.mication between memijers of the Committio 
 of Vigilance and uuch prisoacra as arc ia his charge, excepting the meinbcis 
 
THE NEW BY-LAWS. 
 
 3S7 
 
 it- 
 
 ito 
 
 aV 
 
 t..l 
 
 oni- 
 
 liiw- 
 
 lyoi 
 
 lelm- 
 isfor 
 ih the 
 loura ; 
 I their 
 1(1 foni- 
 
 polii;'-' 
 r police 
 
 of the 
 ^rc fvom 
 so forth, 
 rcccivcil 
 
 rms, pi^o- 
 
 are su^'' 
 icrfovthe 
 
 Ivan thor>e 
 [ho power 
 •aovcrhy 
 hut after 
 lU hccovne 
 ihall have 
 ,,.s, unless 
 |S\iouW it 
 executive 
 prisoners 
 ithe power 
 assistiiwt^' 
 chief, may 
 lut-at-arnis 
 assiatants 
 le the il"ty 
 Incrs in the 
 jans to lire- 
 saiilhuii'l- 
 [te.l, anil to 
 |nts as "'"y 
 [unnttee uf 
 , jxi.lgnicut 
 
 jCo«»nitt^>-' 
 le mcinhcvA 
 
 of the executive committee, whose orders at all times, when emanating from 
 the cliairman of said comii;i*tee, he shall obey, but not otherwise unless signed 
 by a quorum consisting of fi^re of said executive committee. It is of course 
 understood iliat any order issuing from the Conmiittee of Vigilance by vote 
 of said Committee shall be oljeyed by the sergeant. The duty of the chief of 
 police and assistants shall Ix; to detail all po>!sea for the purjwses of aiTestiug 
 prisoners or guarding them when out of the building. They shall have the 
 power of making such detail at any time when so ordered Ijy the executive 
 committee or by general vote of the Committee of Vigilance ; and all orders 
 given by said chief and assistants arc to be implicitly obeyed by the pon^fx 
 so detailed. If at any time, while the executive committee or a quorum 
 of said committee are absent, it should be considered necessary for the safety of 
 prisoners, or for the purpose of carrying out any plan for the arrest of prisoners, 
 to detain all members in the room until said safety is insured or said prisoners 
 arrested, then the said chief or his assistants, and also the sergeant-at-arms, 
 shall have the power to close the doors so as to prevent the egress of any 
 nionibcr of the Committee of Vigilance. 
 
 "At any time that any prisoner is brought in during the alisence of a 
 quorum of the executive committee, it shall lie the duty of the sergeant-at- 
 nrnis to notify a quorum of said coimnittce of said fact, so tliat they may 
 immediately go J".to an examination of the cliarges against said prisoner. All 
 orders issuing irom the executive committee, whether to the sergeant or to 
 the cliicf of police, or to other guards, shall be returned endorsed with tlie 
 report of the pjirties to whom said order or orders were issued. The sergeant- 
 at-arms and chief of police are to receive their orders from the executive 
 ciimmittee, or by vote of the general committee, and arc to be particularly 
 under the surveillance of said executive committee. Duriuij the absence nf 
 llie mnr.shal and his assistants their authority with respect to detailing guiird.s 
 fur any immediate duty or the execution of any order from tht executive cijiii- 
 iiiittcc shall devolve upon the sergeant-at-arms. The chief of police shall be 
 allowed ingress and communication with the prisoners." 
 
 A committee of five was appointed by the execu- 
 tive committee at their meotinj.^ of October 22d to 
 act as a judiciary committee, whose duty it was made 
 "to inquire into the acts of the various judges on our 
 benches," 
 
 Jes.se Seligman claims thirty dollars for a six-inch 
 Colt's revolver, and Wm. C. (Jrraham twenty dollars 
 for a five-inch revolver, the first lost in the arrest of 
 .John Kelly at the Mission, and the other wrenched 
 fiuni the owner's hand during the Whittaker and 
 ^IcKenzie mclce. The claims were allowed and |)aid. 
 
 On the 24tli of September the executive committee 
 in secret session appointed a committee of four to wait 
 
 
388 
 
 THE INQUISITORS IN COUNCIL. 
 
 upon the French consul and the collector of the port, 
 and from them obtain information concerning a French 
 .ship said to be on her way hither with five hundred 
 desperadoes. 
 
 The collector, T. Butler King, expressed his entire 
 aj)proval of the doings of the Committee, and prom- 
 ised his hearty cooperation. M. Dillon, the Frencli 
 consul, was likewise gracious, but he was sure the 
 report must be false. He said: 
 
 ' ' The government of France would not sanction the shipment hither of 
 any of its convicted felons. Such ii course has ever been foreign to its purpose. 
 Under the existing constitution of the republic the government could not fcike 
 such action without special legislation, of which there lias been none." 
 
 The consul stated further that on quitting France 
 the name and occupation of every emigrant was reg- 
 istered. He called attention to the general good 
 character of tlie French ])opulation in California. 
 
 The committee then waited upon Messrs Marziou 
 et Compagnie, agents for the French emigrant vessels, 
 which were to bring hither five thousand Frencli- 
 iiion during this year. These gentlemen assured the 
 connnittee that the passengers by their vessels would 
 be a valuable acquisition to the country, being com- 
 posed mostly of mechanics, agriculturists, and honest 
 laborers. They promised further to instruct their 
 agents in France to examine emigrants and permit 
 none of bad character to take passage on their 
 ships. 
 
 All this looked very fair upon the surface, but it 
 hardly tallied with the evidence of John L. Hod<j[e, 
 United States consul at Marseilles, who writes, April 
 28, 1851: 
 
 " T?! regard to passengers, a great many are of the very worst class of des- 
 peradoes in lOuropc. 1 have reason to believe sonic arc sent at tiie expense of 
 the government. I should recommend j'our city authorities to impose a heavy 
 tjix on I'dl passengers from I'hirope, and to sufl'er none to land who have not 
 ri'gular psisspoi-ts from their i'i'.spectivc governments, with the vine of tlic 
 United States couaul ; it may be given gratis. If you permit all to land coming 
 from Europe, your country will be hlled' by u worse thou Italian banditti." 
 
CERTIFICATE OF MEMBERSHIP. 
 
 3S9 
 
 )od 
 
 )Ut it 
 
 [odge, 
 
 April 
 
 Is of <U'3- 
 
 Ipeiise i)f 
 1 a heavy 
 iiave not 
 
 A special meeting of the executive committee was 
 called the 11th of November in consequence of the 
 stabbing of one McLean by Antonio Gonzalez in the 
 Mississippi House on Long Wharf Gonzalez had 
 been arrested by the Committee, but as it was a quai-- 
 rel in which the plea of self-defence would be strongly 
 urged it was decided to be a case for the courts rather 
 tlian for the Committee. Accordingly Gonzalez was 
 handed over to the city marshal. 
 
 There was a special meeting of the executive com- 
 mittee November 25th to examine a charge made by 
 Joseph W. Gregory against one Sylvester, of Sacra- 
 mento street, of having sent him a shipment of b(igus 
 gold dust from New York. The Committee ordered 
 the arrest of Sylvester. 
 
 The meeting of December 10th ordered the city 
 to be districted, and collectors sent among the citizens 
 to gather funds for the liquidation of accrued indebt- 
 edness. A committee was aj^pointed at the same time 
 to prepare a suitable certiiicate of membershij), that 
 each member by paying for his certiiicate might con- 
 tribute to the treasury of the society. On the next 
 page is a facsimile of the certificate. 
 
 The following, from the Alta California of the 22d 
 of December, though somewhat ribald in tone, displays 
 the state of feeling at this time of the ultra -vigilance 
 party — I do not mean the executive, the real ])ower 
 of the party — heated as it was by the after-slurs of 
 law and court officials, and their organs, to whom the 
 Committee were ever most lenient and ma^jnanimous: 
 
 " ' The world is given to lying,' is a trite adage, if not a true one. And 
 of all the parties who can most justly repeat the saying, the Vigilance Com- 
 mittee and the press of San Francisco bear away the })alni. The gentlemi'n 
 of tiie Committee have been traduced and vilitied as men never were before; 
 their motives have been misrepresented, their acts condemned as damning 
 crimes, and all those who have countenanced and abetted them have been 
 (li'nounced as cowards or base pandcrers to depraved appetites for blootl for 
 tlie sake of pecuniary gain. Nor have these attacks been confined to any 
 l)articular time and place. Such newspapers as had the impudence have 
 given the slanders publicity upon the spot, while craven and coward souls who 
 
 
9m 
 
 THE INQUISITORS IN COUNCIL. 
 
 4 
 
ALTA INVECTIVE. 
 
 301 
 
 dare not open their envenomed lipa here have vented their nmiicc through tlie 
 columns of Atlantic sheets, in order, like daaturdii as they are, to disperse tl>e 
 poison of their petty hate where it niiglit <lo its work of evil without the fear 
 of ccjiitradietion and without that danger of public exposure which uliould 
 brand them with the infamous title of liar. These palpable lil>els, these 
 bitter outiwuringa of hate, have been uttered in loud ami confident tones in 
 bar-rooms and other places of public resort; and even the sanctity of our 
 courts — those courts for which these innnaculate ussailers profess so nuicli 
 respect and regard — has been violated by the distempered ravings and scan- 
 «lalouB asseverations of men learned in the law. It is pleasurable, thougii, 
 to lind that the Vigilance Committee has outlived tliis storm of malicii>us in- 
 vective. Nay, more, it is a proud satisfaction to know that the good for 
 whicii they strove with such unusual and deplorable means lias been acconi- 
 ])lished. Its eflects are everywhere visible in the confident and successful 
 progress which our citizens are daily making, and in the decrease of crime 
 and conse(iuent increase of si'curity which our political condition evinces. 
 These facta are broad, plain, and undeniable hero, and the Committee are 
 therefore generous enougli to allow these sliuiderers to discharge their volley 
 of vile missiles as they slink away into congenial and deserved obscurity. 
 Well do we recollect the horrible predictions which were uttered with 
 reference to the Committee. Tlie heavens were luiiig with black by the dis- 
 interested votaries of law and order ; tears of purest iiatriotism rained from 
 their unstanched eyes as they beheld the future ruin of their country; tlieir 
 prophetic souls were torn with indignation at the enormities which tlie blooil- 
 thirsty Committee perpetrated, juid their sensitive hearts were wrung with 
 agony at the inlu.'rent sinfulness of man ! llow vain, how foolish, liow weak 
 were they all ! Their gloomiest pictures have been proved but tlie silly cre- 
 ations of a childish brain, their stories of hobgoblins have turned out but 
 nursery tales, and their vaunted and pretentious predictions of ruin have 
 shown tliemselves notliing more than the fanfaistic structures of a moody, 
 misanthropic, and maudlin imagination ! But wc will not exult over a fallen 
 enemy. 
 
 "It is time, high time, that this wholesale denunciation of the press 
 should be ended. Miserable pettifoggers, pciiny-a-liners, and subscribtsrs to 
 slanderous affidavits sliould be told that they will not be permitted to pursue 
 such practices with impunity. The jiuVjlic should undei'stjuid tliat 8Ue)i 
 assaults upon the press are undeserved and uncalled for. Why sliould that 
 portion of a community wliose fortune it is to be the conductors of the press 
 be thus overwhelmed on every occasion with charges of corruption ami im- 
 proper motives? Are they not men of as much virtue, firmness, tiilent, aiicl 
 honesty as any other class? AVill they not compare favorably witli any other 
 section of a community, in all the characteristics and qualities which consti- 
 tute the reputable and good citizen? And yet every pitiful dabster who can 
 flourish a pen thinks he has a sort of riglit divine to malign, assail, and 
 bespatter us with all the slime wliich a filtiiy imagination can create at tlie 
 dictation of a wicked heart. We cannot, and wc will not, bear it. Wc owe 
 it to our position and to our self-respect that such vilifiers shoultl be placed 
 in their true light before the public; and wc mean to do it for them." 
 
802 
 
 THE INQUISITORS IN COU.nCIL. 
 
 The school-master was early abroad, as the follow- 
 ing comnmnication shows, and with his disc'i})los he 
 did not hesitate to illumine the minds of men and 
 exi)lain to the Committee themselves the nature of 
 the strange work in which they were engaged : 
 
 " To the Premdent and A f embers of the Executive Committee of tlie Vigilanre 
 Committee of Snn Francisco: 
 
 "(Jkntlemen : — To-morrow evening (Wednesday) I propose delivering a 
 lecture on tlic 'Aniitomy of Crime,' illiiatratcd by the skulls of Jenkins, 
 Stuart, McKenzic, and Wluttakcr. 
 
 "Should you feel interested in the physiology and philosophy of the causes 
 of mental action which prompted these men to pursue an evil course in life, 
 I will be most happy for you to accept an invitation, which I now tender you, 
 
 to form part of my audience. 
 
 "Yours, etc., 
 "September 9, 1851. RoB. H. Collyer." 
 
 Following are the forms in which communications 
 were presented to the executive committee by mem- 
 bers thereof: 
 
 "/iesolred. That the sentence of death pronounced on the two men 
 Whittaker nnil McKcnzie still remain in full force, and that nil necessary 
 means shall be resorted to to obtain possession of these men, and when taken 
 that tliey shall meet the punishment duo their crimes, as the voice of the people 
 demands it. Adopted. 
 
 "No. 591." 
 
 "Mrs Bridges, lives in a brown colored house on Bush street, aliove Mont- 
 gomery, whose brother kept a tavern in Sydney, will give information in 
 regard to a female landed from the ship Adirondack, whose house in Sydney 
 was a, reccptiiele for stolen goods, and has been the means of leading more 
 into vice than any other female in that eountiy. She has already taken a 
 house, and there is no doubt it will soon be one of the greatest cribs in Cali- 
 fornia. 
 
 "No. 152." 
 
CHAPTER XXVI. 
 
 CLOSE OP THE FIRST CRUSADE. 
 
 That which turns out well ia better than any law. 
 
 Mi'iiander. 
 
 At the general meeting hold the 9th of Sejitenibcr a 
 connnittee of five was ai»})ointe(l to select twenty-five 
 or fifty names to be submitted to the Committee for 
 election as an executive committee, to hold for six 
 months, and whose duties should be to offer such 
 council and take such action as should best promote 
 the interest of the association. One week later the 
 committee reported as follows: 
 
 "Tlic committee to whom was referred the subject of selecting the names 
 of fifty or a less number of gentlemen to constitute nn executive committee, 
 who should lijld their offices for a period of six montlis, and to suggest such 
 other measures as in their adjudgment may be of interest to the association 
 and the community, beg leave respectively to report that they have selecteil 
 the following names of geiitleniiMi in number as candidates f(jr election by the 
 associiition ; that tliey recommend, upon the election of the committee, tliat the 
 association adjourn siiic dlv, and that the present acting executive committee 
 turn over to the newly elected committee all papers, books, and documents 
 emanating from the operations of tlie Conunittee since its formation ; that 
 twenty members of this conunittee shall hohl their ollice for a period of one 
 year from the date of election, and twenty for a period of six montlis, the shoi't 
 and long term to be determined by drawing; that tlicy sliall choose their own 
 otlicers, and shall liavo power to fill any vacancies that may arise l)y resigna- 
 tion or otherwise; that lifteen ihiys before the expiration of tlie six months 
 for which they are elected they sliall call the association together and sulnnit 
 a report in writing of their proceedings during the perio<l of six months, and 
 the association shall then elect twenty members to fill the vacancies of those 
 whose term of six months has expired; that said executive conunittee shall 
 take no action for the arrest of criminals, or in any manner interfere with the 
 due course of law, but should an emergency arise which in their judgment 
 
 [303 J 
 
S94 
 
 CLOSE OF THE FIRST CRUS.VDE. 
 
 requires again the action of tlio association, they shall call them together by 
 such Higiuila as may be agreed on ; that this committee be instructed to watch 
 witii vigilance tlie action of our courts having criminal jurisdiction, and also 
 all men in oiKcial stiitions, and especially observe the operation of the laws 
 iit)\v in force ; anil should tliey deem it expedient to have Huch laws altered or 
 amended whereby greater facilities may be had to convict and punish crinii- 
 iials, tliey nuiy bo autliorized to petition the legislature upon the subject and 
 use their exertions to have sucli amendments carrieil. The association, bo 
 lieving that the community relies mainly upon them to shield it from the evils 
 arising from the maladministration of tlie law, will hold this executive com- 
 mittee to a strict accountability in the performance of this duty. " 
 
 On the 23(1 of September the following were de- 
 clared elected members of the executive committee: 
 W. D. M. Howard, Samuel Brannan, W, T. Coleman, 
 James C. Ward, E. Gorham, B. C. Saunders, S. E. 
 Wood worth, James King of Wm., James Dows, H. 
 F. Teschemacher, Dr A. B. Stout, ¥. Vassault, J. 
 S. Parrott, R. M. Jessup, James B. Huie, Joseph 
 Post, Charles Griswold, Stephen Pajran, H. A. 
 Cobb, George M. Garwood, G. W. llvckman, Thomas 
 J. L. Smiley, John W. Cartwright, William W. 
 Thompson, L. D. Kinnay, A. Kirchner, W. H. White, 
 John liayncs, D. Jamorin, James M, Swift, George 11. 
 Ward, H. M. Naglee, W. Burling, I. Do Long, W. C. 
 Annan, L. Maynard, W. A. Darling, J. F. Hutton, 
 Samuel Dewey, F. Argenti, E. Delessert, Charles L. 
 Case. Fred Woodworth, and Isaac Bluxome Jr. 
 
 Of these the following were elected officers : Stephen 
 Payran, president of the executive committee; Selim 
 E. Woodworth, first vice-president; G. W. Ryckman, 
 second vice-president; Isaac Bluxome Jr., secretary; 
 D. L. Oakley, sergeant-at-arms; George R. Ward, L. 
 Maynard, E. Delessert, James King of Wm., F. J. 
 L. Smiley, finance committee; Garwood, G. W. 
 Ryckman, Charles L. Case, J. F. Hutton, Fred A. 
 Woodworth, (jualification committee. 
 
 By the latter part of September the general com- 
 mittee considered its present work completed. To the 
 new executive committee were turned over all books 
 and documents thus far accumulated. 
 
REOnCANIZATION AND Rn:;rOVAL. 
 
 SOS 
 
 , H. 
 t, J. 
 
 ►scpU 
 . A. 
 
 >phcn 
 ieliiu 
 :man, 
 ttarv ; 
 
 }a, L. 
 
 If. j. 
 w. 
 
 3(1 A. 
 
 coni- 
 |o the 
 
 )00k3 
 
 Among those elected to ierve for tlie term of twelve 
 moutliH were Samuel Brannaii and Thomas J. L. 
 Smiley, and among those elected to serve for six 
 months were James King f)f Wni., Stephen PajTan, 
 \Vm. T. Coleman, and (1. W. Kyekman. 
 
 ]\rr Bkixome was authorized to collect delinquent 
 dues and lines, retaining ten per cent thereof for col- 
 lection. A committee was appointed by the president 
 to j)repare by-laws for the guidance of the executive 
 committee. 
 
 From the grand jury report made the last of Septem- 
 ber I extract the following: 
 
 "The granil jury cannot help noticing the jnarked diminution of crime in 
 the city und county of Siin Francisco within the hist four months. Knowing 
 the anxiety felt by tlic ]H'oplc, and the disturbed state of the puldic niiud 
 wliich has prevailed for the last live or six montiia in our city on acoonnt of 
 the numerous acts of arson, thefts, burglaries, and nmrders wiiicli have been 
 committed, this announcement is made by the grand jury with the highest 
 sivtisfaetion. The strong popular resistance made by tlie people to their 
 criminality, the very cfunmeiidable and decided action of our predecessors, 
 and the cliicient, firm, and prompt action of the honorable the court of sessions, 
 have had a powerful influence in arresting the progress of crime, and for giving 
 secui'ity and protection to the lives and jiroperty of our citizens. As the 
 courts are the only lawful and constitutional tribunals to which the jieople 
 can look for support and t!ic vindication of their rights, violence and partial 
 if not complete anarchy will follow where they fail or neglect to discharge 
 tlieir duty without fear, favor or aii'ection. History proves that Americans 
 are a law-contiding and a law-abiding people, but wliere they cease to have 
 confidence in their public agents they will have their rights and property 
 protected by tribunals of their own estal)lishing until the laws can be executed 
 in the spirit and letter in whicli thi'y are written, througli tribunals established 
 by constitutional authority. While we regret the uso of such means for self- 
 defence, there is some palliation for sucli a course in the widespread alarm 
 which prevailed lately in our city on account of tlie <hingcrs that surrounded 
 us. Should the courts continue, as they arc now doing, to maintiiin intact 
 and inviolate the riglits of the people, under the laws and C(mstitution of the 
 state, we feci satisfied that no future attempt will be made on the part of tho 
 people to supersede their authority. We say, should they continue to do this, 
 conlidcnce will be restored, crime will Ijc greatly arrested, and tlu^ ciiurts will 
 become the hope of the injured and the oppressed, and the people their loyal 
 supporters and defenders." 
 
 At the end of September the executive committee 
 removed to their new -and less expensive quarters over 
 
noo 
 
 CLOSK OF Till', FIRST CRUSADK. 
 
 !Micl(llot()n and SniilovH auction rooms, on the corner 
 of Battery and Sacramento .sti'eets. These rooms 
 were cai'petc'<l and handsomely furnished. vVt one end 
 of tlio executive chamber was a rostrunj where stood 
 tlie |)resident's chair, and in front of a «h'sk hunijf the 
 l»;inner presented hv tlie hidies of Trinity parish. 
 Behind tiie president's chair was an eh\i;ant mirror, 
 and in the centn> of the room a lar<^e tahlo containinij 
 hooks and writiniL,'' matei-ials. The windows were neatly 
 curtained, and the walls adorned with maps and pic- 
 tures. In an adjoininj^ room were stored the para- 
 ])hernalia of the police, arms, chains, ropes, handcutfs, 
 and the like. 
 
 The effects in the old quarters on Cattery street, 
 no lomjer neede<l, were disiiosed of by auction. I 
 Lnve the inventory, as consi-'iied for sale to IMessrs 
 Cobb and Comjiany, which tends to fill a bLaik in the 
 picture of life in the Conunittee rooms: 
 
 32 Mattresses. 
 41 r.liinkota. 
 14 Pillows. 
 20 Sul'j lamps. 
 12 CaiuUostiL'Us. 
 1 Demijohn. 
 
 1 Jug. 
 
 2 Empty oil casks. 
 
 1 Pitcher and hasin. 
 1 Wooden bucket. 
 1 Cotree-urn and lamp. 
 1 ColTee-pot. 
 1 Lot of crockery ware. 
 12 Spoons. 
 
 2 Tables. 
 
 (> Small tuba. 
 
 2 Largo tubs. 
 
 i Harrel hard bread. 
 
 A Till) butter. 
 
 1 Tin lard. 
 
 1 Trunk and contents. 
 19 Window-curtains. 
 
 2 Tin basins. 
 
 1 Sniiill looking-glass. 
 
 2 Tin oil cans. 
 1 Tin pan. 
 
 IJrokcn chairs. 
 35 Benches. 
 
 Quite a quantity vS lumber had accumulated, which 
 was sold to Blackbui n and Thomi)son. 
 
 At a meetins; of the executive committee on the 
 24th of September, thirty-five members being present, 
 with ^Ir Payran presiding, a committee of three was 
 appointed to procure counsel for Mr F. A. Atkinson 
 in the case of IMetcalf vs. Argeiiti, Atkinson, et al. 
 
ruKTiinn Rnot'LATioxs. 
 
 m 
 
 liich 
 the 
 
 Subsequently, a cluuigo of venue in this suit havin;^ 
 hecn ordered, the president of the Sun Fivincisco 
 Committee wrote thi' president of the Committee of 
 A'i^ilanco of San Josl', recjucsting him to employ 
 every effort to jj^ain the cause. 
 
 The Connnittee rooms should be kept open day 
 and night, and no member should be admitted un- 
 less his dues and fmes were paid. The quarters over 
 ^liddleton and Smiley 's auction rooms were taken, as 
 being central and less in jirice than other similar ones, 
 though the monthly rental was four hundred tlollars. 
 
 At this meeting the treasurer, Eugene Dclessert, 
 olfered to loan the association one thousand dollar.s 
 lor sixty days without interest, in ortler that the out- 
 standing bills might be paid. The offer was accepted 
 M'ith thanks. 
 
 By the 2d of October the finance committee were 
 enabled to report all claims discharged, and .''?"J.'5G."JD 
 in the treasury. 
 
 In the daily journals of the 2d of October appeared 
 the following notices: 
 
 " \yirr.REAS, An article has appeared in tlio Evenimj Pkitjitnc of tliii! day 
 statiny tliiit tlio Vigilance Committeo had ceased active operations, and in 
 couseciuenco of the general condemnation of llie conunercial jiapers in the 
 Atlantic States ; therefore, 
 
 " /.V.«)/i'('(/, That the Connnittee cause to be pnblislied in the vai-ious papers 
 of this city tliat tliey hold themselves readj f(jr action shonld the eonnnunity 
 be again sitnated as at the time of the organization of Kaid Connnittee, and 
 that no conunents of any newspaper can drive them from a conscientious 
 discharge of their «luty to their families and fellow-citizens. 
 
 " Ey order of the General Committee. S. Payran, 
 
 "President of Execulire Comjuiltee." 
 "Isaac BLrxoME .Tr., S<cntari/." 
 
 The Executive Committee of Vigilance will meet at tlicir 
 
 "XOTICE. 
 
 chambers this evening at eiglit o'clock. 
 " By order of Connnittee. 
 
 "I. Bluxome, Secretary. 
 
 "STEniEN Tayrax, 
 
 Premlent" 
 
 al. 
 
 Besides acting as vermin-exterminators the Com- 
 mittee officiated in other capacities of scarcely less 
 
398 
 
 CLOSE OF THE FIRST CRUSADE. 
 
 importance. Not only did they oxcrciso a strict sur- 
 veillance over the courts and officers of the law, but 
 they kept within bounds the ebullitions of tho people. 
 Mobocracy they fi'owned u])on no less than legal liber- 
 tinism. Standing midway between popidar extremes, 
 they wore the great balance-wheel of the social and 
 political machinery. On several occasions toward the 
 close of their administration, and some time after 
 chronic villainy in its mightiest proportions had been 
 crushed, the Committee lent their aid to suppress 
 popular excesses as well as to bring within the em- 
 braces of the law all offenders on whom they could 
 lay tlieir hands. 
 
 If further proof were wanting of the integrity of 
 the Vigilance Conunittee in its attitude toward law, 
 it may be fountl in an event which occurred about the 
 time of its disbandment, — I do not say disorganisa- 
 tion. It was tliought not a little strange by some of 
 its adherents that a popular uprising which brooked 
 no dictation from any power, and which had ranged 
 its determinate forces against the existing courts of 
 law and forms of justice Vvhonever such contrivances 
 interfered with its purpose, sliould upon the first occa- 
 sion deemed meet in its own eyes lend' law a helping 
 hand and turn its frown upon the people. 
 
 Yet this is only what it professed from the first, 
 namely, that the princi[)les underlying the vigilance 
 movement wore no more mobocratic than revolution- 
 ary. These volunteers in the cause of social and 
 judicial morals would not allow statutes and court 
 formulas to prevent them doing the right; but they 
 were equally far removed from permitting their felhnv- 
 citizcns to overturn the law or (Appose it under trivial 
 or unnecessary causes. 
 
 In the summer of 1851 the clipper ship Challcwje, 
 Waterman master, sailed from New York, and arrived 
 at San Francisco the last of October. The crew was 
 composed mostly of foreigners, and those of the worst 
 class. Before reaching Sandy Hook the quality of 
 
CAPTAIX WATERMAN. 
 
 399 
 
 the crew was so clearly apparent that the owners 
 urged the captain to put back and get new seamen. 
 Waterman was a bold, determined man, and thought 
 himself a match for any kind of sailors. During the 
 voyage the crew mutinied and caused much trouble. 
 Douglass, the chief mate, was stabbed with a dagger, 
 and the captain narrowly escaped seizure. Amid nmch 
 tribulation and danger the ship was brought safely 
 into port. 
 
 But during the voj^age Captain Waterman had 
 been severe and even cruel; whether unnecessarily 
 f;o does not appear. Three of tlie seamen had been 
 knocked overboard from the cross-jack yard in a gale ; 
 five died from dysentery on the way and one from 
 epilepsy the day of arrival. Many were maimed by 
 the blows which they had received durin<^ the voyage, 
 and on landing were sent to the hospital 
 
 Immediately on dropping anchor the captain went 
 on shore. Shortly after it was noised abroad that 
 V/aterman and Douglass had shamefidlv treated the 
 crew during the voyagCj unmercifully beating and 
 even killing some of them. B(^atmcn and sailors v.'ere 
 especially incensed by the account, and when the 
 vessel hauled in to the wharf a large number of long- 
 shoremen gathered at the foot of Pacific street, 
 threatening to hang the captain and mate the moment 
 they could lay hands on them. The captain deemed 
 it prudent to retire from the city, and Douglass, who 
 was then on board, sli; ped o\ or the bow into a boat, 
 pulled round Rincon Point, and escaped in the cliapar- 
 ral. This was the .TOtli of (,)ctober. Search was made 
 for master and male until late into the night, but with- 
 out success. 
 
 Next day the disabled seamen were removed from 
 the ship to the hospital, and the siglit raised the fury 
 of the crowd to the highest pitch. Two thousand 
 bel]'"'^. rent men gathered in front of tlie office of AIsop 
 anu i^ompany, consignees of the ship, and demanded 
 the persons of Waterman and Douglass. They were 
 
400 
 
 CLOSE OF THE FIRST CRUSADE. 
 
 informed that those they sought wore not there; but 
 this did not satisfy them. Six of their number were 
 detailed to search the promises, but their efforts were 
 
 unavaihng. 
 
 Meanwliilc the mayor bestirred himself to quell the 
 excitement. He first appealed to the assemblage 
 itself, but the mob hooted him and defied the authori- 
 ties. They fancied themselves already iii possession 
 of the city, and would listen to no terms which coun- 
 selled moderation. The mayor called upon tlio citizens 
 to assist in the preservation of the public peace. But 
 in those days when all good men belonged to tjie 
 Society of Stranglors, murderers as the court called 
 them, outlaws as the mayor himself had said, who 
 were the citizens? 
 
 Then it was tliat the mucli maligned Committee of 
 Vigilance rallied to the rescue of the city's honor. 
 
 The officers of the CJiaUenfje might or might not 
 bo guilt}' of atrocities; but in either event this was 
 not the way to determine the matter. This was not 
 tlie way the Committee of Vigilance dealt with offend- 
 ers. Nor would they permit the mob spirit to dis- 
 grace them or triumpli over law. Tlioy themselvajs 
 had been called a mo!), but never were men more 
 malitxned. They had not a single element ol" moboc- 
 racy in their composition, except that they regarded 
 not, at all times, the letter of the law. The mob was 
 mobile, they were firm; the mol) was passionate, they 
 were cool; the mob hanged first and tried afterward, 
 they executed justice only after the most solenm 
 judgment. 
 
 In this instance, whatever the master and mate 
 might be, they were not chronic criminals or lawless 
 desperadoes, and therefore were not fit subjects for 
 the secret tribunal. They were responsible men, fol- 
 lowiuLf a legitimate callinij. It was a matter for the 
 courts only. 
 
 Then went forth the order from the executive cham- 
 bers informally to disperse the rabble. Behold now 
 
 f.' 
 
THE VIOILANTS DIS?E?.SE A MOB. 
 
 401 
 
 ieuiu 
 
 hiato 
 ,'lcss 
 for 
 t\)l- 
 thc 
 
 kaiu- 
 liiow 
 
 where centred the strcngtli of tlii.s people! Not in 
 statutes, j^overnors, or municipal powers, but in the 
 citizens whom the mayor had decried in vain. Within 
 five minutes after the order was i^iven the Monu- 
 mental bull struck it> sij^ni.'icant note, and on the in- 
 stant around tliat California-street crowd the cry was 
 heard, "Attend vi.o-Hant-;!" "Fall into line!" "March!" 
 And they did march, — straij^ht into the heart of that 
 crowd, told the leaders to begone, told the enraged 
 longslioremen to get them to their own affairs in- 
 stantly, lost woroo betide them. And they went; an 
 hour later and the street in I'ront of Alsop and Com- 
 pany wor-e its usual aspect. 
 
 Thus ended the affair so far as the Vigilance Com- 
 mittee were concerned. It is true tliat some time after 
 there was talk at Pacific-street whai'f of scuttling or 
 burning the ship; the captain was hanged in effigy on 
 the plaza, but no further violence^ was offered. The 
 United States Marshal boarded tiie ship and inl'ormetl 
 tlie sailors that they were at liberty to enter complaint 
 against their officers, and they did so. (.)f murder and 
 maltreatment they accused them. Doubtless these 
 men deserved the })unishment tlicy received; but it is 
 tlie attitude and action alono of the Vigilance Com- 
 mittee that we are called upon to note in this con- 
 nection. 
 
 The following lettei", directed to sheriif Hays, shows! 
 th< f'.' 'bug then existing between the Committee and 
 I hat 
 
 '^'.ncer: 
 
 "JRXEcrTivi: CiiAMiiKU Of Tiir. ('ommittkk of Vicilanck, "I 
 * "Sav FiiANcisco, August 11. l.S.")l. J 
 
 "To John C. ffni/.i, A'.f'/., /fi(ih Shrrijf/or fhr (j:i;iiiii<l ('oiiii'i/ oj' San Fr'iiici^ro: 
 "Dkah Sin: — I'ennit luc, on l>oliiilf of t!io * 'oniinittcu of Vigilanco, to ollbr 
 you till! uimoxed ruj)oi't, with tlio action tluiroon ; iinil in tlioir nanu; I olFcr, 
 witii the concurrence of my collcaijucs, the thanks of tlie Connuittci' for your 
 perseverance, skill, antl nssiduity in bringing tlie atlairs of our county i)risoii 
 to HO happy an. issue. SVts rej^ret nnieh that you jiei-aonally should have suf- 
 f Ted iuy pecuniary ineonvenienco in the prosecution of its financial allaii-H, 
 ■ 1 earnestly hop-' that the pittiinee raised hy us may serve to cari'y out your 
 : I;., liuu expaot:itio:i3 and subserve the p.iblio oafjiy. As a public servant 
 I'm- Tiiiu., Vol. I. 20 
 
 I . 
 
40.: 
 
 CLOSE OF THS FIRST CRUSADE. 
 
 wo have much in you to commend, and at all times as citizens will lond our 
 aid to assist you iu your legitimate course of office. 
 
 ' ' May you long survive to serve the state of your adoption and receive the 
 good wishes of your fellow-citizens. 
 
 " Very, truly, your obedient servant, 
 
 "Stephen Payrax, 
 "President of the Executive Committee." 
 
 After the relinquishment of authority by tlic first 
 Committee tlicrc was httle thought of prosecution on 
 the part of any. Society was liappy in its dehver- 
 anco from outrages against person and property; tlio 
 law was happy in the assistance whicli had been 
 rendered in liftins: it from low estate and restorini>- 
 that righi'''.l power and place in the affairs of the 
 commonwoj hich had been denied it; and thieves 
 
 and assassins . re happy that heads were still left 
 upon their shoulders, and that affliirs were no worse 
 with them. Hence it was that grand juries, instead 
 of presenting indictments against members of the 
 Vigilance Committee, [)raised them in their reports, 
 while lamenting the necessity of the organiziition. 
 
 The Alta CWl/Joiniid of tlie 25th of August speaks 
 wisely upon the subject. Its editor writes: 
 
 " Every f'alifomian whose business lod him into the Atlantic states last 
 year knows with wliat horror the actioa of our Vigilance Conniiittee was 
 viewed tlicrc. Tho.sc who were not called there, who id the Atlantic news- 
 papej-s regularly, could judge something of the state of public opinion (is 
 it found exproasioii iu them. For once all parties agreed. All classes of 
 society, tlie enlightened and tlie ignorant, the honest and the dishonest, 
 the business men and the men of lei.sure, the philanthropist and the pick- 
 pocket, every one, in fact, united in one universal shout of dcnniiciatiim 
 against the Viv^ilancc (.'onnnittcc of California, livery one mourned the 
 f :dl of a young sister state which liad excited the wonder and admiration of th(^ 
 wliolo world as one who had fallen to the very lowest scale of anai-chy. Ke- 
 piiblican institutions fortmce had been ovcrtlirown by a lawless mob, \\h> 
 delied the courts of justice. Law and order were at an emi. Lamentations 
 loud and deep were uttered ; ami for once the capacities of the people for self- 
 government were doubted. Anti-c:ipit;il punislnnent men exclaimed to thos^e 
 wlio had oppyscd their ctl'orts, ' See the cll'ccts of your bloody codel Blood fur 
 blood is no longer the cry; l)ut blood is now demanded for a few paltry 
 dollars, or for afo\vg.)jdj,and that, too, without a trial before a judge and jiuy ' 
 Tiie evideuL'c is o;i'j"ci tj a m )h Uy a mob 1 These are the beauticj of tlio 
 
A PLAIN STATEMENT. 
 
 4C3 
 
 system you advocate! How do you like it?' But such expressions elicited no 
 reply. No man who had been an advocate of capital punislunent would utter 
 one word in defence of hia former opinions; hut all concurred in the opinion 
 t!iat tlie institutions of California were irretrievably destroyed. 
 
 "One of us way in tiie Atlantic states wlien this excitement was at its 
 lieiglit, when every mail steauicr brought news of trials and e.vccutions by the 
 ^'igilanee Committee; but it wjis in vain that we remonstrated again.st t!ie 
 i.liuye tliat was lieape<l upm this community, in vain that we told the people 
 thiit tlie best citizens of California composed it, and that they had leagued 
 tlicni;<elves together for the protection of their lives and their ])rojK'rty. 
 Again.st us they would say, 'If this Committee be composed of good citizens, 
 why do they not allow the proper tribunals to try those who transgress the 
 laws?' AVo urged the fact that the most depraved wretches in exist<!ne( , 
 guilty beyond a dispute of the crimes ehiirged against thum, had been allowed 
 to go at liberty timej without number after going through the farce of a 
 trial by our courts, "ntil at last foi-bearanee on the part of our citizens liad 
 ceased to be a virtue. The people had too nuich evidence that our courts 
 had been coiTupted ; that the country ha<l been overi'un witli eonviets 
 (■:ie:iped from Van Dieman I^and and other parts of the world, and the Icr.i- 
 v.wy of our judicial tribunals was bringing new recruits every <lay. Hut no 
 cms would listen to us. People in the Atlantic stiites actually believed that 
 the press here supported the action of the Vigilance Committee only througli 
 k-.iv of having their ollices pulled <lown and their types and presses destroyed. 
 
 " But the Vigilance Committee neither heeded the; admonitions of tiieir 
 law and order loving Vn-ethren of the Atlantic stiktes, who undoubtedly meant 
 well in tendering their advice, whicli w.ns v.'orth about the .same amount as 
 that eonuuodity u.iuallj' is wlien unasked, nor those who were crying foi- law 
 and order here, and who only wanted to escape tlic punisliment of their 
 tvimes. But the Vigilance Committee were the real friends of law and order, 
 a:id they have succeeded in estal)lishing .such a state of quiet and safety as 
 never could have lieen accomplished by our courts had they been never co 
 good. The men who were powerful here only for evil have sullered the ju^ t 
 rew.ird of their criines, or have eluded the argus eyes of the Vigilance Coiii- 
 niittec and iled to more congenial climes, tlic law and order loving cities of 
 t!i " Atlantic states. The tides f)f human feeling, like the tides of the sea, 
 have their ebb and flov/. They were ;it Hood tid(^ when our Vigilance Com- 
 initteo were doing their duty to the stiite, to society, ami to tliemselvcs. 
 Niuco that time the tides have re'.:jded. The tempest of abuse has been 
 .succeeded by a long calm. Tliosc people wlio expressed so nuich pity lot- 
 tho:;o who were hanged so uneer(nnoniou:ily here, U'lW tinil a few more left of 
 t'.ie same sort at their own <loor.i, many of which arc broken open o' night>. 
 Tlii^so poor i)ersecuted ])eople have .sought an a.sylum where law and order 
 was the cry. In New Vork and Boston is tliis especially the case. Burgla- 
 ries in those cities are of very fiX3(juent occurrence, and in the former city 
 highway I'obbcrics are not at all suriirising. A resident of New York had 
 been k.iocked down with a slang-shot in the night, but succeede<l in attracting 
 sulileient attention to draw the iwlice to the spot, who captured the robbers. 
 'i'lie ui:ui waa carried home, and took bis bed. When he was able to leave his 
 
404 
 
 CLOSE OF THE FIRST CRUS^M)K. 
 
 house lie inquired for the robbers, and learned that they had lieen discharged 
 for want of evidence ! The press of the city, without distinction of party, 
 dfiumnces the city government for such hixity. Justice has been roblK'd < f 
 its (hie there. Xo one at all acquainted with the facts doubts it. llut who 
 believes tluit justice there is robl)cd of one tenth of what it was here? No 
 one. Our judiciary was in its infancy, theirs is in rip<,' nianhiMMl. Hut 
 notwithstinding this the people of that city have been talking of forming a 
 vigiLmce committee ayd talking the executiim of the laws into their own 
 hands! The New York TiiiHn, one of the most extensively circuLitcd 
 journals in the United States, has actually threatened the city govenunent 
 that unless they administered the laws better the people would do it them- 
 selves ! 
 
 "Docs any one want any better evidence that tlic sober seccmd thouglit of 
 the people believes the Vigilance Committee liere acted othei-wise than for 
 the best interests of humanitj'?" 
 
 The coircspondonce of the London Ti)nes writes 
 from San Francisco as follows: 
 
 "Regarding this Vigilance Committee public fi'cling is divided. All in 
 authority and connected witli the administration of tlie law are against the 
 institution, wliilo a large numlier, I think a majority, of t!ie better classes of 
 the j)eoph! are in favor of it, and support it by voluntiry money contrilm- 
 tions. To understiUKl tlic statu of pul)Iic sentiment correctly it is proper to 
 aild that, however anomalous suc'.i an institution may lie in a free country, 
 ti'e I'onnuunity on tlie whole entertiiin no api)reliension from it, nor is it 
 feared that it will exceed its professed limits of weeding siK'iety of its pests. 
 Althougli the existence of such a body in any otlu'r country would probably 
 produce a I'eign of terror and break the bonds of society asunder, no suih 
 result is feared by us. The non -vigilance citizen is on as amicable terms with 
 the Vigilance t.'ommittee man now as ever. As to its composition, it is, Mk" 
 most large l>odies, a mixture of good and of bad men. Its elFect has indubi- 
 tiibly been to diminish crime, ami it keeps up an unobtrusive surveiUance 
 over the suspicious members of the Committee." 
 
 In a petition signed by certain residents of San 
 Francisco, and presented in the California legislature 
 by Mr Wood the 27th of January, 1852, requesting' 
 that a man named Redmond might be taken by the 
 citizens and hanged, we reach the irony of the ]K)p- 
 ular administration of justice. The petition was tabled. 
 
 In reviewing the action and effect of the San Fran- 
 cisco Committee of Vigilance of the epoch of 18.11, 
 one cannot fail to observe with how little punishment 
 a great reform had been accomplished. No sooner 
 
A MORAL VICTORY. 
 
 409 
 
 did the power of the orfjfanizatioii bcj^in to be felt in 
 its full force than criminality was dissipated. Des- 
 })orad(jes, knowiiiLj that sure and swift punishniciit 
 would follow their evil deeds, paused, then scattered in 
 every direction, glad to effect their escape. California 
 ceased to be the place for them. Thieving was no 
 longer the safe and pnjfitablo occupation of f )riner 
 days. Profit was not commensurate with the risk. 
 
 And what had the Vigilance Committee done to 
 (>lfect this tjreat and sudden change? It was not in 
 the extent or magnitude of their [)unislHnents. They 
 liad executed but four persons, when fourscore should 
 have been hanged, if law had done its sim[)le duty. 
 And fourscore executions could have occurred under 
 condenmation of the law without excitin»jf half the 
 teri'or caused by these four executions by the people. 
 Evil-doers were well ac(|uainted with the law. Tliey 
 knew exactly what to (le[)end upon in regard to law. 
 'I'hey knew wherein they might exi)ect the law to be- 
 friend them, and wherein to punish; where courts 
 could be emjjloyed as ])rotection, and in what respects 
 it were best to avoid them. During this golden ago 
 of crime in California, like the lion and the lamb 
 they and the law had often lain down together. Coui'ts 
 were the legitimate lisks attending their occujnition. 
 They had no quarrel with the courts; but this new and 
 worse than infernal agency was their abomination. 
 
 Under the old rcfjinie each limb of the law was as 
 well known to the professional offender as his own 
 limb; but under the new order of things every man 
 he met was a spy upon his actions. l\)pular instinet, 
 that greatest of social influences, he felt to be almost 
 inorbitlly alive, and the odds were too great against 
 Jiim. 
 
 The necessity for further immediate action seem- 
 ing no longer to exist, the Conmiittee laid down their 
 |»i>wer as gladl}'^ as they had taken it up reluctantly. 
 They did not disorganize, rightly believing that 
 should they do so, and the fact become known, crime 
 
 •' II 
 
m 
 
 CLOSE OF THE FIRST CRUSADE. 
 
 "S 
 
 Avoiild instantly return and take courage, and the per 
 nianont result of their labors prove of little value 
 Adopting the wisest course possible under the circuni 
 stances, they informed tlie courts and their officer 
 that henceforth, unless occasion seemed to require it, 
 they would not interfere in the regular course of jus- 
 tice; nevertheless they stood ready to aid the law, 
 by every means in their power, in any emergency. 
 
 As late as May, 1852, the executive committee were 
 still holding their meetings, but the records close 
 abruptly the 30th of June, 1852. There is nothing 
 to show any extraordinary adjourmnent, disbandment, 
 or ending of affairs. The chief concern at the late 
 meetings seems to have been to collect money and pay 
 the debts of the associati<m. One year of toilsome 
 duty at that time was no light matter; and the feel- 
 ing seemed generally prevalent that if there was 
 nothing more for the Committee to do, further ex- 
 penditure of time was useless. 
 
CHAPTER XXVII. 
 
 EEFOUE THE WORLD. 
 
 Things do not torment a nmn so much aa the opinion he has of things. 
 
 JHoH!aif/iie. 
 
 Often in the most liberal governments tlierr> sprinii^s 
 from fanaticism an absolutism vrhicli rages as liercely 
 as any which may bo found under monnreliieal despot- 
 ism. In the midst of the vigilance movement there 
 were promulgated by its o[)[)onents doctrines more 
 extravagant, and sentiments more slavish, than any 
 enunciated by worshippers of the British throne since 
 the days of King John. 
 
 It is very easy to judge the actions of others, par- 
 ticularlv when we know nothing about them. Critics 
 are so much wiser tlian the criticised, are so much 
 better informed than others, that no matter what a 
 man may spend his life in studying, he has at last 
 to awake to the disappointment of finding a hundred 
 who have never looked into the subject knowinij much 
 more about it than himself. 
 
 The position assumed by a journal has too often 
 little to do with the principle involved. The first 
 (piention a newspaper proprietor asks in determining 
 which side of a proposition he shall espouse is, Whicli 
 will ])ay best? Clearly it was the correct policy of 
 the Herald, whicli even at this early date enjoyed the 
 patronage of the auctioneers and merchants, to sus- 
 tain the popular movement. And so with the AlUt 
 and the Chronicle. The San Francisco Morniiuj Post, 
 however, saw, or thought it saw, an o]iening on the 
 
408 
 
 BEFORE THE WORLD. 
 
 other side. Tlier<^ woio too many viijiliinco joui'iials. 
 Tlioro were inaiiy o|)j)()sc(l to the Vii^ilaiico Coiuin't- 
 tee, and naturally enoU'L>;h the sentiment of law and 
 ordei- would increase with time, so that no little hun- 
 eomlu! mijjfht he induly:ed in l>v eond)atin<jf the cause 
 of vi<rilanco. 1 need scarcely say that the Cln'ouivlc 
 and the Post of that day were not the journals heai- 
 iuiLj the same names to-day. 
 
 'I'he Post, the champion of law and ordei* durinj^ 
 the year 1851, as a matter of course warps all east- 
 ern intclliu^ence to its own ends. In its issue the lOtli 
 of Septend)er the editor remarks: 
 
 "An intelligent gentleman vlio lias just ai-rived in the No ?/)cr)(('C informs 
 ns that in travellint; throujflioiit the nintliern Btatcs he found hut one j)i-e- 
 vailiiij;; opinion with the class of men whose interests aro eonnectcd with (,'ali- 
 fornian trade, and that was that tiiis t'onnnittt^e, with its jieeuliar and i-.v- 
 traordinary organization, had injured the credit and stjuiding of this city to a 
 greater extent in the states than all the lirea and other calamities we haVij 
 ever HuH'ercd. 'J'his organization was urged as an ohjeetion in New york to 
 any investments ill Califoruiaii state and other securities emanating from here; 
 aad if the hanging of Jenkins on the old adobo had afl'ected nothing else it 
 had driven f'ulifornian securities down some fifteen or twenty per cent in tlio 
 Atlantic cities. If our credit is tarnished hy these proceedings it may he 
 called croaking, or what we choose, Imt it do«!a not alter the fact that the 
 meivhants and bankers of the east will regard us all with distrust, as a country 
 without law, as a. people ready to take life without legal trial, and as much 
 more likely to repudiate any obligations, ami therefore not to be trusted." 
 
 Deginninj.^ with the Lontlon T/nics of the 27tli of 
 August, we find written of Cahfornia: 
 
 "It.9 moral condition from year to year has Iwen appjireutly declining, 
 and in place of imperfect institutions we now .see a deliberate supercessiou 
 of law. Were it not for the current belief to incendiari.sni wo should hardly 
 Iks warraiited in drawing any positive inference from the cxtniortlinary recur- 
 i-ence of general conflagrations in these distant juirts. There certainly, 
 iiowever, is no paraUel in history to the combustibility of San Francisco. 
 The political age of the city is liarcly tlii'ce years, and yet it has been six 
 times destroyed by fire — desti-oyed, we learn, so totally that scarcely a s(iuan! 
 remained nnconsumed. It has twice sufi'ered grievously fnjin inundations; 
 it was horribly afilicted by tlie eholcrii twelve months ago, and its ordinary 
 climate is said to be destructive to European health. Xotwitlistandiiig all 
 this, San Francisco survives and increases at a rate leaving London and. 
 Liverpool far behind. The point, lioMever, to which wo would bespeak 
 atteutiou ia the remarkable moveuieut of opiaiyUj in virtue of which wiiat 
 
LONDON AND RAN r?.ANCI3C0. 
 
 409 
 
 waa once a barlxirou:! proccm of vcngwincc or vioK'nco liii.i been traiisfonueil 
 into II ivcogiiizftl (iiHratidii of ]Hi|mlar justici'. lint it iiiiuit In- cviiK'iit to nil 
 olwcrvurs that an orguni/i'il iMaociation, powurfiil cnotigli to siiiktsciIo the law 
 of the lun<l in <)|H:n (lay, <^uul(l luivc! no posHible ditliculty i:i ainonding thu 
 ailiiiiniatration of thia law, .'lail they diivi'ttMl tlu'ir cll'orts t'> siKth a, imrposi! 
 instead of dispensing with law altogether. Very likely the jaiLs wito 
 defeetivc, tho iHjliee remiss, the assi/.es i-eniote, and the general prospeet 
 unsatisfaetory ; but we need waste no woid.i in observing that, in a coinniii- 
 iiity pretending to some eivili/ation, nominally well organized, and formally 
 iidinitted into such a federation as the Anierican Union, the exertions of the 
 eiti/ens should have been turned to su|»i)!ying these ddieiencMes iiitlier than 
 t.) instituting precedents of which no man can ealeidate the evil. The Hnglisli 
 reiiiler may jM'obably think it a superlluous consumption of argument to prove 
 tliat men should not be put to death by the agency of a mob or at the bid- 
 ding of a secret society; but tlmti^nor of our corresponili'nee thx^s really give 
 a gravity and im[>ortanee to these proceedings which such outnigcs woultl not 
 otherwise {His.sess. It is not denieil that the d(lin(pients had what in SaX( n 
 j'hrase is a fair trial, that Ihey were most undoulitcdly guilty, anil that the 
 system is operating to the terror of ollendcrs hithert(» incorrigible. In fact, 
 the principle avowed is that of kiIkii ]n>]>iiH ^niirnna lex. and the inhabitants 
 concur in asscu'ting that the tinu- for ajipc'al to this ultimate resort was uncou- 
 tcstably come. l>ut they must sui-ely see, upon relkction, that no calamity 
 can be .so truly formidable as t!ie sulntitution of force for hiw, and that if the 
 recognized machinery of justice be thus set aside, uncontrollable auiU'chy must 
 infallibly result." 
 
 Conwnonting upon this the editor of tho Cali- 
 foriiiii Courier remarks: 
 
 "The first sentence in the above extract is true in no om; p.articular. 
 The London Timrxin remarkable for its vindictive;iess and niisvepreseiitatiou 
 of American institutions and character. Our true charactei- as a pcojile has 
 rai'ely Iteen fairly presented by correspondents to joimials in the Atlantic 
 states and in ?]uropc. They have most generally songlit to manufacture mag- 
 niticent stories, for the purpose of having their connnunications i'ea<l and 
 si)oken alK)ut. To this source we atti-ibute in a great degree th.^ many al)- 
 snrd statements and unjust rejections upon the jjcople, tlii^ institutions, and 
 tlie climate of our state. 'J'he '/'iiiien is radically in error in stating that San 
 J'rancisco has been twice inundated. It has never l)een once, auil '■ ' never 
 expect to see it. The action of the Vigilance (.'onnnittee was th ;•.-', It of 
 high moral considerations. That Conuuittee has not only arri'sted ciime, but 
 it hus saved life and stinmlated honest industrj'. It has made an impression 
 that has jienetrated and penneated every portion of the commonwealth that 
 crime caiuiot be committed with impunity, that all men must secui'c a living 
 by the sweat of their brow, in an honest calling. We are not only thankful 
 for the good work of that Cor.unittoe, but for the salubrity and purity of our 
 climate, and the proud career which is opening for our people and tlic jiowcr- 
 ful young state of their udoptiou. " 
 
m 
 
 BEFOnE THE WORLD. 
 
 From far away Vcniiont there come!? a ji^cntle wail 
 whicli makes one fairly pitv one's self for beinjjf of 
 California. Tims the l/iu'on WIi'kj: 
 
 "It ik[ipt!ar.» thiit at privsciit, Iut rupublicaii eonjtitution having been 
 fouiiil unauiti'il to the mural gnulo of tliu pooplo, California is govt'itiud liy 
 the most tcrribk' of all fonii:) of <k'spotism. Siicli is the only ground upon 
 ■whiuli the present measures e;in he even palliated. If the mass of the people 
 fti'e so corrupt tliat no patience and vigor of constitutional ell'ort on the part 
 of the propei-ty holders can all'ord a hope of imparting jjurity and certainty 
 to the oi)eration of law, then indeed i.i society virtually resolved into its ele- 
 ments, the constitution has ceased to lie, and some form of self-protecti:)!! 
 must and ought to spring up adapted to the emergency ; in other words, 
 s )uie foi-m of despotism is the only alternative of anarchy for that people, 
 ^lurderers unhanged, prisons and sherill" made the laughing-stock of culprits, 
 judgea corrupted, and crime stalking unrebuked at noonday, these would not 
 persuaile us that tiie stjite of thing.s we have supposeil had arrived. Patience 
 unci vigilance may gradually remedy all tiicse, if the niMJority of the peojilo 
 so resolve, in a constitutional manner. Ihit this lierce impatience of delay in 
 a lawful remedy; this vengeful swiftness to sheil blood; this unwillingness to 
 sull'ei' for tile siiki^ of constitutional liberty; all lies|)eak a people incapable of 
 self-government and ignorant of the (ir.st principles of freedom. The prob- 
 lem for Califi)rni;i, in thi^ first place, is not .so much whether her laws can be 
 made m-.)re strin'^ent and summary for the emergency, her courts 'rifled, 
 and her prisons fortilied, as whether her people can be brought bac' asou 
 
 and the constitution. This done, the former may follow at once." 
 
 Ami ajifain the Californ'ia Courier takes up the 
 gauntlet: 
 
 " In the outset the editor assumes that it had been discovered that the 
 republican constitution and laws of this state were found unsuited to the 
 moral grade of the people of (California ! Upon what information docs the 
 eilitor found such an as;-iumptioii? On the contrary, the constitution and hiws 
 of California are aihnirably suited to our wants, so far as criminal matters ar.i 
 concerned. Had he been Iicrc and investigated the real state of affairs he 
 would have discovered that it was for want of the proper enforcement of these 
 laws that the services of the Vigilanci! Committee were brought into requi- 
 sition. Piut the writer talks about patieucy and constitutional effort to briii;,' 
 about a remedy hn- the evils under which we laboretl. Patience ! Let the edit' ir 
 liav<' been placed in the situation of a Jansen, or of a l)rother of Reynold;, 
 or of the sixty men who had sufiered death at the hamUs of the assassin in 
 our city during the year previous, or of one of the thousands who sutl'ered 
 from the torch of the incendiary, an<l reilect that in no instance ha<l punisli- 
 ment been inflicted uj)on the guilty perpetrators, and then talk about 
 patience! His heart must ))e colder than the snows of his barren (Jreea 
 Mountains had it not leajWHl for joy when a few men nobly came forward and 
 eatablishud that terrible but jcsi tribunal, the Vigilance Committee. There 
 
fiiAP.nrs a:sD ansv.trs. 
 
 411 
 
 3 wail 
 jur of 
 
 iig been 
 
 H(l \\\x>n 
 10 people 
 tlie piii't 
 certainty 
 ;o its elu- 
 rotectiDU 
 [iv wonls, 
 t jieopU'. 
 ' culprits, 
 voultl nut 
 I'iiticiu'O 
 ic pcoplo 
 f delay ill 
 injj;iiess ti) 
 capable of 
 The pr<)l>- 
 ws can be 
 a 'rifieil, 
 asiiu 
 
 ^ip the 
 
 that the 
 ed to the 
 does the 
 and laws 
 litters aro 
 Lffuirs he 
 It of these 
 |to roqui- 
 to brin;; 
 Ihc editor 
 Leynolds 
 |sa»sin in 
 suU'ered 
 puniish- 
 Ik about 
 III (Jreeu 
 ^•ard and 
 There 
 
 ii in tlic above extract a studied attempt to create the impression tliat revenge 
 or the desire to Hhcd blood waj the motive wliieli actuated tiio fonuntioii of 
 tile ('omiiiitteo and its sulmeriuent conduct This idea no one here mIio knew 
 tlu; men eoniposin;,' it or who scanned closely their action will for a moment 
 t mntenancc. What were tliu acts of the Committee? Wiio ilid they pmiisli'.' 
 |)i 1 any innocent man ever utiller from their act;-.? 15y no means. On tiie 
 coiitrurj, what would liave been the fate of Uurdiie iiad it not Ik'cii for the 
 airest, conviction, and [lunislimeiit of Stuart? The former bad all lliu beue- 
 lit.i of the civil tribunalu, and yet v,ai under unjust sentenco for robbery and 
 iiiunler on two distinct clur.'ge;!. I'.ut the editor has maile the discovt^y that 
 tlie people of (,'alifoi'nia, who have been scarce two years out of the Atlan.ic! 
 states, and who hail from every portion of our great uuil glorious L'ni(.ii, are 
 incapable of self-government! Wliat a discovery, to be sure. Here wo uro 
 with t!ie constitution and laws upset, ineapalile oi government, trampling all 
 laws underfoot, and yet a tax-collector makes known that seventy-live thou- 
 sand dollars are wanting to meet the interest on the city debt, ami in a 
 week double that amount is raised -more money than can be Hi|iiee:'ed out of 
 tlie people of the whole state of Vermont in two years! The proi'lem of 
 wMeii the editor speaks has Jilready been solved, we trust to his .'^aiisfactioa. 
 So siHjii as the nest of villains who were preying upon us had bet'ii broken I'.p, 
 and a disjtosition was evinced to carry into i > cutioii our laws, just that .soon 
 did the Vigilance Committee cease to e.xeivise its powers. ]>ut we can (e"l 
 that editor, and all the world besitle, t!iat should the same necessity leipiire 
 it, tliey will resume their powers with twofold the iiumei'ieul stixjiigth wiili 
 which they before existed." 
 
 Tlius the Pliiladelpliia Lodycr: 
 
 "The news from California hy the llmtlirr Jonathan is interesting. Sail 
 rraneisco seems to be a city of excitement. In the absence of lire to keep up 
 a pleasant popular feruK'nt tlie citizein resort to a ditVerent species of amnse- 
 iiK'iit. and hang a in;in under the lyncli code by way of vindicating (lu^ laws 
 mill enforcing nioi'al honesty. A miserable wretch cau;;ht stealing has been 
 Mvized and h;in.';cd by a mob composed of the most respectable individuals — 
 respectable for wliat? Not surely for being good citizens, .sup[)orting the law, 
 and aliiding by its decisions. The faci; that tliey were ns[)ectabie citizens 
 who commiLted tliis act is iiienlioned, we suppose, to justify the outrage; but 
 it is time that respectability in (.'alifornia sliould be t:ui;^;ht that the Liw 
 was made for all, and that its authority should be respected by all respect- 
 able or otherwise, (.'alifornia has made a bad beginning in this respect; and 
 unless the real respectability of the place, the men who know that laws an; 
 made to secure their rights and cannot be violated with impunity by any mob 
 without injury to society, unless these men should stei) forward aiiil jiut an 
 end to such acts of outrage and rebellion, by assisting the lawful a;ithoiity 
 and properly punishing those audacious enough to set it aside, greater cahuni- 
 tii's tliaii liave befallen California will ensue, and iiceiies of violence, destruc- 
 tion of property and life, will Ijethe seip.iel of the matter. It .seems that one 
 of the priiicipal persona who figured in this outrage is not >ery reinarkublo 
 
 uy 
 
412 
 
 BEFOni: THE WORLD. 
 
 for moral honesty himself, for an occurrenco of very questionable honesty in 
 New York is related iu which ho ia char'jcd with l)ein^ the principal actor. 
 We see other names mentioned in the affair, of j)ersons who may still have 
 creditors in this part of the world who might be loath to trust tlie publi(j 
 integrity to their keeping exclusively. " 
 
 Great was the lo3:^ to California that the Ledgers 
 editor had not been there. It i;^ so ca«y to sit in a 
 f-anotum chair three thousand miler, away and tell how 
 things ought to be! Hear him again on the 18th of 
 August : 
 
 "This was a violation of existing laws, and rendered t'.iom technically 
 criminal in every proceeding agaiuat anybody's life, liberty, or property. Wo 
 do not justiry such proceedings. T!iey would be criminal in the last degree 
 in any other state of the Union ; and they arc criminal in California so f.ir 
 as they are needless. Tlic honest portion of the people might form commit- 
 tees to detect criminals and to aid the authorities in securing them ; antl so 
 far as their laws were defective they miglit insist ujwn an immediate session 
 of the h.'gislaturc to reform them ; and if tliey wanted confiilencc in their 
 judges and sherifTs, public opinion, thoroughly roused, miglit compel them to 
 reform or resign. We think tliat all tlie good done by these committees of 
 vigilance against law miglit have been <lono according to law, by cooperation 
 witli, instead of opposition to, the civil authoritiea. Jiut considering the hor- 
 rible state of tliing.s in California, tiio result, ia ii > 3;uall dogree,ofo!iicial laxity 
 or dislionesty, much of which was imported from New York, we do not ccjn- 
 <lcmu tlieir ]»roceedings quite .so severely as we shouM similar proce(!dings in 
 any other state. A self-c(mstituted tribunal cannot be tolerated under a regu- 
 lar and free government without putting all rights at hazard. But under 
 these pressing exigencies in California we admit that a salutory terror has 
 been inspired amcmg criminals ; and we will hojie that all good citLiens of that 
 state will aid instead of acting independently of the lawa. " 
 
 The New York Herald of the IDtli of September 
 remarks : 
 
 "The prominent and by far the most conspicuous feature of the California 
 news is the prevalence of what would be called on this side of the continent 
 the supreme autliority of Judge Lynch. In San Francisco it is the execution 
 of the decrees of the Vigilance C'oniniittee of live hundred, not quite ho 
 ceremonious as the old Venetian Council, in the prompt punishment of 
 criminals, ami for the preservation of law and order. Strange as it may soujil 
 in this longitude, these otr-haiid trials anil summary executions are in g;iod 
 fuitli ilesigned for the ])reservation,or rather the restoration, of law and order. 
 Tlie criminal may be a murderer, a horse-thief, a, burglar, an incendiary, a 
 common sliop-lifter, or a petty rogue, if the vigilance committee catch liini 
 aud convict him he is iustuiitly carried out and huugud up at the nearest con- 
 
THE NEW YORK IIEHALD. 
 
 413 
 
 vcnicnt troo, or hcam, or rope and tackle. Tl»c crime, the p'.irriuit, the ap- 
 prehension, the indictment, the trial, the judgment, and the execution, may 
 all take place tlic same afternoon. The whole business in the east; of Jenkins 
 was done in the course of an evening, by moonlight ; and in the ciiso of Stuart, 
 unotlier liotany Iljvy convict, tried also as a tluef, the interval lK;twecn the 
 commencement of his trial and the hanging was alx)ut five hours. In the ca.so 
 of t'.ie Mexican woman at I>)wnieville, who for fatally stabbing a minrr was 
 trie<l by the popular jjrocess in such cases established and convicted of 
 murder, the blood of her victim was not yet cold when the woman, liaving 
 licen tried, convicted, and condenmed, was swinging lifeless in tlie air. The 
 Anglo-Saxon institution of the rope, by a sort of wittena-gemoto or comnumo 
 cDnsilium, may bo considered fis pretty well established in California; but 
 the rapidity witli which it brings the criminal to his (]uietu.s is somewliat 
 startling to a communitj' accustomed to the slower formalities of law. This 
 (piickncss of the penalty is even more astounding to our preconceived notions 
 l!ian the range of crimes wliicli come under tlio death penalty by the new 
 California cmlo. We have no nice distinctions Ijotween nmrder and man- 
 slaughter, Jior between highway robliery and a petty theft; tlie same judg- 
 ment of stmngulation makes short work of them all. Truly this is a teri'ible 
 state of things, and is deeply to l)c deplored. IJut the people of California, it 
 appwirs, not only have reasonable CKCuse.4 for these summary and imliseriini- 
 nate executions, but their sitiuition is sucli as imperatively to demaml tlicn. 
 The Australian convicts of England, the most dcsiHjrato ami lawless vaga- 
 bonds from every nation under the sun, have l»cen c(Hicentrating tlieir fores 
 in CaUfornia since the golden discoveries of VMS. They have become formi- 
 dable, dangerous, and criminally mischievous. Murd':rs and robberies wcrti 
 nmltiplying; San Francisco was in the jwwer of incendiaries, and her citi- 
 zens and their property at the mercy of thieves and assiissins. Tiu; existing 
 laws were inetlicient; they were so slow, and the means of coniim-ment of 
 oll'enders so insecure that the eliances were in favor of their esea\H'. Such 
 was the state of things which led to the Vigilance Committee and its sum- 
 mary execution of the judgnuiuts luider tiie new cinle. It a{)iK'ars that tliis 
 Vigilance Committee act as such without pay or emolument, but simply to 
 maintain the supremacy of the rights of life and property. There may be 
 tiien no lielp f(jr the existing stiite of things in California. It nuiy bo that the 
 imperative necessities of self-j)reservation have driven the people to these 
 extremities. Wo trust that law and order may soon be rei'stJiblisheil and 
 a.ssigned to some effective guardianshi|) uiider the regularly constituted 
 tril)unals of the country. We have no doubt whatever that the activi', liouost 
 business comnmnity of ('alifornia are lalK)ring to this end, nor luive we any 
 doubt of their iiual success in attaining it." 
 
 And again on tlie 2(;tli of Soptember with sonio- 
 what more of self-complacency: 
 
 " The news from California an<l Tiower ('alifornia is of a gratifying char- 
 acter. We are happy to find that the popidar tribunal at San Francisco, called 
 the Vigilance Committee, luis now surrendered to the legally constituteil ail- 
 
414 
 
 BEFOKE THE V.'ORID. 
 
 ministmtors of the law the pcculisir functioiia which belong to ciich officers in 
 all civilizeil coniniunitics, nnd that this body of men who have been forced by 
 ciicunistances to usurp legal authority, in compli:inco with a popular instinct 
 toward the preservation of life and property, are now no more than a force 
 of voluntary police olBcers, snoh us are commonly found, though smaller in 
 n.imbcrs, in every vilh-.go in tlie United States where circumstances require 
 iiuc'.i an organization for the protection of societj' against t!io lawless and 
 licentious. It is to be hoped th.it other lynch tribunals iu the sparsely settled 
 districts of California will soon be dispensed with, eitlier by the issuing cf 
 legal connnissions or by some judicial means for bringing the ofTendera againat 
 life and property to justice. The execution of Greham at Greenwood Valley, 
 though conducted with extra-judicial forms of law, and with exterior pro- 
 priety, is an event to be deplored, however necessary such examples may seem 
 to tlioso who are beyond tli>' immediate assistance of legal authorities, nnd 
 wlio are excited to make terrible the retribution of society in cases of wanton 
 crime." 
 
 The Now York Journal of Commerce conoliKles a 
 loiiiT account of Californian affairs in these words: 
 
 "Wo invoke no sympathy for the victim. Ho was a man of crimonnd 
 blood, and his existence was incompiitible with the safety of society. The 
 vindication of public justice demanded hii> execution, but not by the infringe- 
 ment (if public law. Tliere was no risk nor peril to be appreheiided from a 
 juliei:il trial which the eonnnittee of seven hundred luul not ample power to 
 avL'i't. Judge Campbell, in his charge to the grand jury, says that under the 
 l:iw then recently come into operation, so amended as to secure the arjeedy 
 trial and conviction of ofTenders, the time requisite for the indict"!- .jt, trial, 
 conviction, and sentence need not exceed a wee!:; that amrle provision ex- 
 isted for the safe custody of criminals; and that so far from'Jicre being laxity 
 in the execution of the l:iws and the administration of justice, the courts M'cre 
 straining ever}' nerve to dispose of the criminal businesi' of the county. It is 
 Juondly certain that if the Vigilance Cjni:nitteo had surrendered Stuart to 
 the oUieors of the law when his guilt w:n estiibli^'.ied by confession or evi- 
 dence hi.s fate would have been t'.ie same, nnd the society would li;ive felt a 
 sense of security from the triumph of lav,- which tlie violence of popular in- 
 dignation can never iinpart to it: M had it turned out that the confession was 
 extorted by fear, and the evidence did not justify conviction, the result would 
 have vinilicated the justice of a public and impartial trial by a jury of i;ii- 
 prejudiced men, and exhibited the danger to which innocence is expired by 
 secret trials and sudden executions. The right of defence, the opportunity 
 of employing counsel and summoning witnes.se.s, which the law gives to the 
 accused, is a sliield for the protection of innocence, and implies no sympathy 
 with guilt. The annals of juiisprudence in all countries nnd in all tinu i 
 demonstnite the necessity of that security to the maintenance of right, nnd 
 that whore it docs not exist the weak and simple-minded are exposed to be 
 made responsible for the crimes of the wicked and the strong. If the state 
 of society iu California demands the exiutencc of a cotmnittec of vigilance, 
 
OTHER NEW YORIt JOURNALS. 
 
 415 
 
 the action of that botly Bhould be in cooperation with the officers of justii^c. 
 Acting in defiance of the law, it iKjrpetratea abuses more dangerous than 
 those which it socles to remedy. The defenders of tliis association point to 
 its rapid increase in numbers as an evidence of its i>opularity. No wond<.T 
 t!iat pejplc aspire to enroll tluniiselvea on its lists. Wlio would not rather bo 
 the niadtor than the slave? It ii the supreme iK>wer in the ato''c. Its control 
 is unlimited. Life, lilierty, property, and reputjition are a- mercy. In 
 the language of the local judiciary, it overrides the laws and sets the consti- 
 tution at defiance. Its organization is extending itself by branches througli- 
 out the whole of California. At the laat advices, placing full eunlidencc in 
 the accusations of a muidei-er ami villain whom it hail just put to death for 
 Ilia crimes, it was scouring; the state to secure the persons of those who were 
 so unfortunate as to be obnoxious to his denunciations. Its usurpation has 
 no limit in extent of power, and it may be that. its limit of duration maj' bo 
 determined only when it amvts at a pitch of insolence that calls for action 
 ill virtue of the federal constitution, which makes it the duty of the United 
 States to guarantee to every state in this Union a republican form of govern- 
 ment." 
 
 The New York yl^/(W observes: 
 
 "It seems that the civil commotions which have recently excited and 
 agitated San Francisco and the state generally have had the effect of crowd- 
 ing the steamers with passenger.-* for the Atlantic portion of the Union. 
 These men have become alaniicd at the dangers which of late I'.ave beset 
 lives anil property on all sides, and h.ive in conseijucnce made uj) their minds 
 to bid adieu to the Eureka state. ]<ut wc think tiny havo acted hastily in 
 iW.i matter, and that they regretted it ere they reached our shores. The con- 
 victs, who have succeeded by their daring crimes in spreading consternation 
 among the honest jwrtion of the community, will be cxpe'K d from the cimntry 
 or suspended between heaven and earth in duo time, wlirii urdcr will again 
 reign in California. In place of those wlio return others wiil emigrate fnmi 
 tlie older states who will take advantage of the opening tints mr.de fir new 
 enterprise and new men. These men will reap the brnetits which would have 
 fallen to the older settlers who leave the country. While all this is going on, 
 (.'alifornia will rise as rapidly in the path of her destiny as though nothing 
 had taken ])laco within her borders. In less than five years this young sister 
 of our confederacy of lepubHcs \. ill lival any litate in the Union in moat of 
 the elements of greatness and prot^peiity.'' 
 
 Ill the Asmoncau of tlio lath of Aujjfust is written: 
 
 " The most prominent feature of the California news is the firm establish- 
 ment of the supreme authority of Judge Lynch. Wc who are bitter oppo- 
 nents of capital punishment in ci\ili/.ed communities deeply lament this 
 terrible state of affairs, lint consideiing that California is overrun not only 
 by the convicts of IJotany Iky and Norfolk Island, but by the most desperate 
 and lawless villains from every nation under the luu, cuiuiot but admit that 
 
4IG 
 
 BEFORE THE WORLD. 
 
 the summary oxocution of the jtnlgments of the Vigilance rommittec are 
 absolutely necessary for the maintenance of the supremacy of tlic rights of 
 life anil property. Society in California, disorganized by this vast accession 
 of marauck'i's of eveiy typo and grade, liecomes resolved into its first 
 elements, whuu association or combination of the well disposed to repress 
 by stern, terrilic, and rapid punishment the nets of the wrong-doer is not 
 oidy jnstillable but praiseworthy, and tho men de8er^^^g of commendation 
 who stand in tho giqi to brave tho senseless odium cast upon them by those 
 wlio cannot (;• will not see the abyss into wliich the comnumity is plunged 
 by the folly jind imbecilitj* of the administration of the law, or the laxity 
 of the police regulations. It would be violent, miscliievous, nay infamous 
 conduct, to assetiiblo rn iinixxe in the state of New York and override the 
 civic and state authorities, to iipprehend, try, and punisli criminals ere tlio 
 sun had set on the day on which the otience had been committed, for New 
 York has all tho appliances of an eiiicicnt force to jjrotect her citizen.'* ; 
 California ha.s nothing ajiproaching the same. She has named her authorities, 
 but tliey have yet to gather the lirmness ncees.sary to make her laws elBcicnt 
 and resjH'cted. 1'Iie jiosition of affairs is to be deplored, not to )»c won- 
 dered at. There are hosts of men there who would not willingly hurt a 
 wonn ; but when the incendiary and the murderer openly contemn the right.s 
 of property and the value of life, their knowledge of the duties they owe to 
 thouKselves, tlieir families, and to the moral dignity of the great Union of 
 which they are .a portion, compel them to stand forth in tiie breach, and 
 declare in the name of religion and law that by tho unrelenting hand of 
 justice they will vindicate tho outrages of the outlaw." 
 
 h 
 
 Says the Now York Eji'2)rcss of tlio lOtli of Oc- 
 toboi" : 
 
 "The details of the later iutclligcnco we publitih this morning from Cali- 
 fornia arc of a character not very pleasing, certainly, to contemplate. The 
 Vigilance Committee in San Francisco have again had occasion to demon- 
 strate to the woi'ld tiiat tiiough California lias on her statute-books laws as 
 salutary and stringent as the oldest and best governed states in tliis Union, 
 she li!w nobody with moral courage? or honesty enough to have them executed. 
 The Coniinittee does its M-ork of deatli witli a systematic celerity which 
 shows how excellent an executioner it is become fnmi long pr;', ' !ce. We iiad 
 indulged the hope that, for the credit not of California alone, but of our com- 
 mon country, those terrible scenes in S.icraniento and San Francisco would 
 not be rei'iiacteil. 1'iie news in our columns thi.^ morning t^hows how .sadly 
 wc are disappointed. The victims appear from their own statements tn 
 have been miscreants of the most abandoiiccl ciiaracter. pardoned convicts 
 from llotany ]5ay, who had served a long apprenticeship to crime before 
 cuteriug upon their career in California. " 
 
 Tho BuflUlo £jcp)r^s oifors the following pertinent 
 remarks : 
 
 "Lynch law upon the s'lorcs of the Pacific we take to be nothing more or 
 
BUFFALO SPEAKS. 
 
 417 
 
 less than the expression of an earnest demand for prompt, certain, and eflfective 
 justice upon wrong-doers. It pierces tlirough the liindrances, uncertainties, 
 and weaknesses of the British common law, and comes rigltt to its point, in- 
 exomhle as logic, and prompt to a finish. What need of alarm at tlie sight? 
 At tlie worst, an unconstitutcd authority deposes the constituted authorities, 
 and taking cognizance of offences against the laws, punislics them in a fashion 
 not provided for in the criminal code. But when it is Iwrnc in mind that the 
 act is done by the represcnfaitives of the entire society ; that this new and 
 summary justice is executed by those who make laws, and who appoint the 
 executors of laws ; tliat it emanates from a power that is behind tlie law and 
 above the law, as tlio creator is above the creature, from a power that is the 
 Hource of civil justice at the same time that it is the life of the state and the 
 stfite itself, we may dismiss all apprehension for the result. California will 
 be purer and stronger for its suspension of the constituted fonns of criminal 
 justice by the cotle of Lynch. But we have somewhat to do with the action 
 of our goUlen-locked young sister upon the Pacific waters. From tiie vigorous, 
 8ensil)le, active state of California comes to the older states a hint and a. sug- 
 gestion that they would do well to Iioed. She demands a system of summary 
 justice upon evil-doers. That is the upsliot and final result of her lynch law, 
 that is all tiierc is of it. She proclaims lierself tired to death of the uncurtain, 
 tedious, and inefficient processes of British law to punish and prevent crimes 
 against civil society. Rising superior to the whining nonsense of a philosophy 
 that discovers only misfortune in crime, and finds in every villain a brother, 
 slie with good sharp sense says that the incendiary and robber are unfit to 
 live, tluit they are ♦■'le swoi'n foes of a good society, and that she will have 
 notiiing whatever to do with them except to ascertain their true character 
 beyond a doubt, and then to string them up to the nearest tree. The rca.sons 
 which impel lier to this determination are conclusive. She cannot avoid them, 
 for arson and robbery defeat the whole object of life in California. That life 
 is transient. Its objects are as a general thing temporary. Tliey must be 
 speedily accomplished. The citizens of tluxt state mostly go there to get gold, 
 designing not to remain there, but to return to their liomes in the east as soon 
 as tliey shall have gotwliat tliey want. Tliisasa general thing is their single 
 business. Now to a man who has gone ten tiiousand miles away from his wife 
 and his children on tliis eager and feverisii errand, and who lias submitted to 
 cold, hunger, weariness, and sickness to accomplish it, what is the essence of 
 the ofTence of roblx;ry? What to him is tiie l»n>ad-l)acked lusty rufiian from 
 l>i)tiiny liay who comes upon the sleeping miner in the dark to snatch away 
 the fruits of his labor and the reward of his suflPerings? An unenilur;il)le 
 nuisance, as unendurable as fatal poisons, as nntiimabU^ beasts, sometliinu' to 
 lie gi)t rid of and alxilislied iustantly. The cmignints to California do not go 
 tiuTc to establish society, and perfect civil and social cliuracter. They go tiicre 
 to get gold. They have no time to spend in theories of punishuieiit, none uikhi 
 pri.son discipline: just as little time have they to wait up<m tlie crawling prog- 
 ress of justice pursuing the criminal through a court of common law. Were 
 tlu' quarter sessions of New York established upon the Yuba, with its ailjoum- 
 ineiits on account of the heat, adjournments to let a lawyer get over a head- 
 
 lu he, adjournments upon all sorts of lying allidavits introduced to cheat justice 
 I'oi'. Tbib. Vol. I. 27 
 
416 
 
 BEFORE THE WORI.D. 
 
 anil to screen scoundrels, we should consider its judgeship a very unsafe berth, 
 and should tremble for the gentlemen wlio practised at its bar. What a nuisance 
 the court would be, and how near to the truth would be the public judgment 
 that the lawyers who conducted defences there upon the New York city model 
 W'jt'c the aiders and abettors uf rasuils, hinderers of right aud aggnivators of 
 evil. The people of California are in an intense hurry; their wcjiltli is in the 
 most condensed and portable form. A robber carrying off in his liand.s tlie 
 spoils of five minutes' work iMjars away a fortune for most men, and instantly 
 l)c;^gar3 his victim. The case is extraordinary all around ; it calls for extraoi'- 
 dinary remedies, and it gets them. These, too, are efficacious. A thousandfoll 
 Ijcttur for the best men of the country to band together justly but inexorably 
 for the suppression of crime, to do it forthwith, spontaneously as it were, thiiu 
 to threaten a modification of the laws at the next session of the legislature ami 
 to stimulate a district attorney to an uncommon shedding of ink. The 
 felons from Sydney and the outlaws of the Mississippi Valley would gorge 
 themselves with gold while dilettanti and fonnalists were drafting acts to 
 make felonies capital ofTences, and were checking off upon the almanac the 
 laggard days that separated them from their next legislature. Our condition 
 at the east is not that of California. Our society is measurably settled ; we 
 are not in a hurry ; we have time to reflect and time to act. lint it behooves 
 us to think if we cannot with great profit infuse into our presejit criminal 
 processes a portion of California energy and California certainty ; to see if we 
 cannot with very great advantage incorporate into our theory of punish- 
 ment a portion of the California maxim, that a healthy, well fed, vigorous 
 criminal is without excuse ; that to let a lawyer shelter him under the plea of 
 lunacy, or on the ground of an omission to dot some legal i or cross some 
 common-law t, is on the jmrt of the public a very costly stupidity, to see if our 
 recent mawkish sympathy with lusty wrong-doers has not engendered crime, 
 and hurt the sense of right and wrong throughout our entire society." 
 
 The solid men of Boston, of whom there wore many 
 in the Committee, found their action in the main fully 
 sustained by their home journals. For instance, the 
 Boston Joii7'nal remarks: 
 
 "To us, residing in the most perfect security under the operation of goidl 
 laws, faithfully administered, such proceedings seem violent and perhaps un- 
 justifiable. We cannot bring ourselves to believe that lynch law is necessary 
 under any circumst<»nces in a community where the people live under a code 
 of laws of their own framing, administered by officers who are responsi))lt' tu 
 public opinion for their acts. But we are free to say that if ever the occasion 
 justified the application of lynch law, the recent affair in Saii Francisco is 
 justifiable. Such is the condition of society in C-alifomia that there is no 
 security for life or property in the regular operation of the laws. Vciinlity 
 and bribery have crept into the administration of justice and shaken all con- 
 fidence in the majesty of the laws. Under these circumstances who M-ill un- 
 hesitatingly assert that a scene so terrible as that enacted iu Portsmouth 
 Square will not c.xcrt a salutary inllueuce?" 
 
DIVERS OPINIONS. 
 
 410 
 
 And thus the Olive Branch: 
 
 "Taking into consideration that forty or fifty persons were burned to 
 death, and seven millions of dollars' worth of property was lost by the late 
 incendiary fire, that attompta have been made a dozen times since to fire the 
 city, that citizens are attacked with slung-shots in their very stores, in the 
 face of day, it is not surprising that respectable citizens and property-holders 
 sliould do something to protect themselves from these gangs of organized rob- 
 bers and banditti." 
 
 The Troy Post says : 
 
 "The news from CaMlom.\a.\iy ih& Brother Jonathan presents a frightful 
 picture of the state of society in that golden state. Judge Lynch, at the last 
 accounts, excrcisetl supreme sway in all departments of the government ; and 
 wlicn we look at the rampant and reckless attitude of the perpetrators of 
 arson, robbery, and other crimes, we are almost forced to acknowledge that 
 the sway of the judge is needed to make head against the surging flood of 
 villainy that threatens almost to annex the new state to the infernal regions. " 
 
 The Xliehmoud Enquire}' remarks: 
 
 "The most prominent event in the California papers is the execution of a 
 rolibcr by a committee of vigilance, which has caused very great excitement, 
 as the verdict of the coroner's jury which sat upon the body was considered 
 t<j reflect invidiously upon the conduct of this committee." 
 
 Says the editor of the New York Sun: 
 
 "We deeply regret the occurrence of a case of lynch law in the city of 
 San Francisco. At this distance from the scene wc can form no proper idea 
 (if the feelings excited on the part of the citizens of San Francisco by tlie 
 high liand with which the depraved and dissolute outraged life and property. 
 While we cannot approve the fearful act we would not say tliat it was done 
 without strong provoking causes. We had thought that the recent elections 
 would secure to San Francisco a more prompt and efficient administration of 
 tlic laws, but it would seem that there has been but sliglit, if any, change for 
 the better." 
 
 The Albany Argus thinks: 
 
 "There must be extraordinary laxity in the administration of criminal 
 justice in San Francisco, and a still more extraordinary degree of depravity 
 among its population, to require the voluntary organization of sucli bodies as 
 tlie vigilance committee, with such summary and terrible powers as were 
 exercised in the case of Jenkins, liotii must have existed in a degree never 
 Ijefore known in a civilized counuuuity to excuse such means to correct ainiscs 
 or to punish crime. " 
 
 The Boston ^[ail comments as follows: 
 
 ■'The terrible conflagrations which have destroyed so much pro^ierty and 
 sevurul valuable lives are believed to be the work uf tlieso during and dcs- 
 
420 
 
 BEFORE THE WORLD. 
 
 I \ 
 
 I 
 
 I 
 
 perate men; and when it is known that the laws have proved totally in- 
 B.iUicient to repress or check these outrages; that robbery, theft, and arson 
 were on the increase despite all the efforts of the constabulary force, is it 
 strange that the people of San Francisco should have felt the desperate 
 necessity of making a demonstration outside of the courts of justice tliat 
 should carry dismay into the hearts of those who were preying upon society 
 and setting the statute laws at defiance? The people of Vicksburgh several 
 yjars since thought they saw a similar necessity in the violent extirpation 
 of gamblers ; and although their action in the matter brought down upon 
 them the most violent denunciations, it was undoubtedly the salvation of the 
 town." 
 
 The New York Sunday Times thinks : 
 
 "The '•xecution of Jenkins was of course a murder in the eye of the 
 law, and the punishment was moreover disproportioned to the crime; and 
 yet, taking all the circumstances into consideration, we can scarcely call the 
 deed xinjustifiable. Where the law is powerless to protect a community, it 
 must protect itself; but we should be sorry to be one of a conununity so situ- 
 ated." 
 
 The Portland Transcript sides with the Committee : 
 
 " This is the first execution which ever took place in San Francisco, where 
 more crime has been committed in the past year than in any other city of the 
 same population in the Union, without one single instance of adequate pun- 
 
 iahmeut." 
 
 The remarks of the Albany Knickerbocker are at 
 once sensible and true: 
 
 "The news from California, though startling, is not unexpected. The 
 laxity -with which justice is administered on the Pacific has given vice almo.st 
 a license for its depredations. Where prisons are scarce and villains plenty, 
 the law, to be beneficial, should be prompt and decisive. The slow fom? and 
 special pleading which may be tolerated in this and other older states are not 
 adapted to the wants and safety of such a people as make up the inhabitants 
 of California. That rascals should be hanged by the populace is to Imj re- 
 gretted — it is still more so to be regretted, however, that the inaction of the 
 courts and police render such hanging necessary. Whether Jenkins mils 
 legally put to deatli is not of so much moment as whether ho was justly put 
 to <lcath. For over a year San Francisco has been ovemm by bands "f 
 desperadoes from Sydney and other English penal colonies, villains who have 
 so reduced the price of life and property that hea<ls and houses in California 
 are of but little more value than pebbles. Since 1849 San Francisco has bcin 
 burnt over some four or five times, and each time by incendiaries. Since I. Si 9 
 over five hundred robberies and twenty murders have been perpetratcil in 
 that city ; and yet, notwithstanding this frc(juency of crime and outrage, the 
 first man ever brought to the gallows in San Francisco was the outlaw Jenkins 
 who wa I executed on the 10th of June. If tlje action of the people is to bo 
 
THE NEW YORK TRIBUNE. 
 
 421 
 
 regretted, it is only because they did not move earlier. Had Withers, Daniels, 
 Wiiidred, and Wutkina been promptly tried and t'xecuted when they perpe- 
 trated their villainies, the necessity for lynching Jenkins would never have 
 arisen. To delay justice is almost as bad aa to deny it. With such a popu- 
 lation as we tind in 8an Francisco the tardy and corrupt movements connected 
 with the good old way of meting out punishment for crime is no more calcu- 
 lated to bring about a reformation than would the reading of the forty-second 
 ] salm. The action which the people have taken they were forced to take. 
 ISy no other means could they impress upon the rogues which surround 
 t)H'ni the wholesome knowledge that vice is a short-lived accomplishment, 
 and tliat the only way to meet with public toleration is to give up i)uliLio 
 j)lundcring. The position occupied by the Committee of Safety is not only 
 a necessary but a bold one. As they have placed themselves in opposition to 
 tlie courts, their action will probably lead to a collision. We shall await the 
 next arrival with some anxiety. " 
 
 By fur the most candid and correct view of tlio 
 matter is that of the New York Tribune, which on tho 
 2Gth of July says: 
 
 " The summary proceedings of the San Francisco Conmiittee of Vigilance 
 in the trial, condemnation, and execution of the thief Jenkins are not to be re- 
 garded in the light of an ordinary riot, much less aa an example of hostility 
 to the established laws lieralding disorganization and anarchy. Seen from the 
 I)roper point of view it is a manifestation, violent, it is true, of that spirit of 
 order which created tiie state of California; and wLilu ^^'c regret the causes 
 which induced it, our faith in the integrity of those who perpetrated it is no 
 wise weakened. There is no denying now that the laws of tiie state in their 
 present operation are inadequate to protect the lives and property of her citi- 
 zens. The amount of crime has fearfully increased during the last few months, 
 and the existence of an organized band of desperadoes, covering a large portion 
 of the country, has been ascertained. After seeing the fairest part of the city 
 laid in ashes by the hand of an incendiary, and the escape througli some 
 (luit)ble of the law of the culprit who attempted to repeat that droadfu' \i6i- 
 tiition, it is not to be wondered that the merchants of San Fra<>ci.ico sliould 
 take the administration of justice into their own liands. The names attached 
 to the declaration of the Committee of V^igilance are those of the most orderly 
 and influential citizens of the place, men who would not rashly venture on so 
 liazai'dous a course or lightly assume so awful a responsibility. Sar Francisco, 
 tiierefore, presents the singular spectacle of a community governed by two 
 powers, each of which is separate and distinct from the other. 'J"ney cannot 
 come in conflict, since there is no aggressive movenient against the law on the 
 part of the Committee and no attempt on the part of the regular authorities 
 to interfere with the action of the latter. Public opinion universally upholds 
 tlie course pursued by the Committee. This course, under the circumstances, 
 cannot be called mob hiw or lynch law in the common acceptation of the tenn. 
 It more nearly resembles the martial law which prevails duru.g a state of 
 ^ii'gc. It lias been suggested by the presence of a danger 'vhich the ordinary 
 
422 
 
 BEFORE THE WORLD. 
 
 course (if law aecnied inadequate to meet. Life and property must be protected 
 ut all iiiizards ; the country is at the mercy of as vile a horde of outcasts as the 
 8un ever shone upon ; and nothing but the most prompt and relentless justice 
 will give us security. These are probably the sentiments of nine tenths of the 
 citizens of California. At this distance we will not venture to judge whether 
 tile circumstances demand so merciless a code ; but we are sufficiently familiar 
 with the character of the men comp:)9in<{ the Committee of Vigilance to acquit 
 tlicm of any other m itive tluiii tliat of maintiining public order and in- 
 dividual security. We believe they will exercise tlie power tiiey have assumed 
 no longer than is absolutely necessary to subserve tliose ends, and tliat their 
 willing submission to the authority of tiie law, when the law shall be competent 
 to protect them, will add another chapter to the marvellous history of their 
 state. In spite of these violent exhibitions of jMipulnr sentiment, the instinct 
 of order, the capacity for aelf-government is manifested more strongly iu 
 California at this moment than in any part of the world." 
 
 And again : 
 
 " The California news by the Prometheun has a strange and solemn in- 
 terest. To those who have traced the history of our first Pacific state througli 
 all the marvellous piuises of its short existence, the present time assumes tlie 
 nature of a crisis, in which order and anarchy, violence and secuiity aie 
 struggling for the masteiy. On the one i\an<l wo have a sickening succession 
 of murders, robberies, anil incendiary fires ; on tlie other a rapidly increasing 
 list of trials, condemnations, and executions, pei-petrated with relentliss 
 severity by the summary action of the people. To those who are unacquainted 
 witli the difficulties under whicli California has lalwred ever since the adoption 
 of lier state constitution the latter alternative may appear even more ten-ible 
 than tlie former; and a course dictatcil in fact by the most awful necessity 
 which can be imposed upon any community may seem little else than the 
 lawless outbreak of unbridled popular passion. We have l>een 8oniewh:it 
 sliarply taken to task by some of our contemporaries for justifying the motives 
 of the San Francisco Committee of Vigilance, and the members of the Com- 
 mittee themselves have l>een mnde the subject of violent denunciation; yet 
 every successive arrival from California proves more clearly the justice of 
 ■w hat we first asserted, that the lynch law now in operation is not mob law, 
 but the result of a universal sentiment of order, a conscientious belief that it 
 cannot be obtainnd by trusting to the regular authorities, «nd a sense of 
 <langer which impelled tiiem to immediate action. Wo have professed our 
 inability to judge at tliis distance whellier otlier means miglit not hav', been 
 employed to enforce tlie laws, avoiding a course which must be ahvays 
 hazardous to the future peace of society, even when the sternest exigency 
 compels it. The disclosures which we pul)lish to-day show clearly the reality 
 of the dangers to wliicli tlie Californians were exposed ; they show how nearly 
 hopeless was the reliance to be filaccd on the ordinary operation of law. So 
 far as the evidence goes they prove at least that there have been sufficient 
 reasons for the action of the Committee of Vigilance to exonerate them from 
 the violent charges which have been made against them on this side of the 
 continent." , 
 
MANY TEACHERS. 
 
 423 
 
 Thus speaks the Boston Traveller: 
 
 "The fact that San Francisco ia so overrun with lawless and dcsporato 
 villains is snlHciuntly painful and alarming ; but it ia by no means the most 
 tilarniing and ])ainful fact connnuuicatcd in the letter. We confess that we 
 view with the utmost alarm a state of general morals which will allow, much 
 k'HS sanction, such an organization as that alluded to. It indicates an utter 
 vitiation ami corruption of the public functionaries of the city, and a general 
 contempt for the administrators of the law, which is totally inconsistent with 
 the ideji tiiat anything like u well ordered government exists in the country. 
 8ure we are that if there is any such thing as law in San Francisco, and if 
 tliere are men whoHc business it i.s to administer this law, the course adopted 
 by this 'organization of citizens' must tend most directly to break down this 
 law and to render powerless these olitcers of justice. If this organization can 
 be sustained there is in fact an end to civil government. " 
 
 And tlius the Now 
 conchides 
 niovcnient 
 
 a long article 
 
 Yorlv Commercial Advertiser 
 adverse to 
 
 the 
 
 vigilance 
 
 " Had the Committee coufinod themselves to operating upon the niiniatcra 
 of the law, either by aiding and supporting them if they were willing to en- 
 force the law, or by bringing such a combined public opinion to l>ear upon 
 tlioni that they would l>e comixjUed to act promptly and impartially, they 
 would have done wisely and well ; the cirect would have Iwcn innncdiatc and 
 purjietual, and the triumph of the great principle of self-government under 
 the restraints of law would liave been complete. Very ditl'crcnt ia the case 
 now. However much the Committee may hereafter desire it, tliey cannot heal 
 the womided honor of the defied law. They cannot at will riiiae its jirostrate 
 form, and reanimate it with authority and power. Tlie Vigilance Committt'c 
 may make itself feared, but it will be at an expense of popular respect an<l 
 homage to the law. Moreover, a counter-vigilance eomniittce Avould be 
 (jnite as legal as that now existing, and might make itself as terrible. Nor is 
 it improbable that such an organization will spring up, if every man who 
 stuals a Iwg of money, in the prenent case recovered by his pursuers, or com- 
 mits any felony is to be secretly comlennicd to deatli. A vigilance committee 
 acting with such glaring illegality, and openly avowing it without shame, 
 limy go to greater lengths of tyranny, thus provoking countcr-organiziitions ; 
 and where will the cud be? If thiTC is, as cannot bo doubted, necessity in 
 San Francisco for organization for self-jirotection on the part of the citizens, 
 let it be done, not in defiance of established law, but under its sanction. Let 
 respectjible citizens j)rotect themselves and their property by existing law, or 
 by amending the laws if they need amendment. Any other mode of protec- 
 tion must result in anarchy and ruin." 
 
 In reply to the Advertiser, the San Francisco Herald 
 
424 
 
 BEFORE THE WORLD. 
 
 comes out in ono of the most able editorials found in 
 any journal ui)on this question : 
 
 \i : 
 
 "Among tlu' newspaper of New York sonip nre constantly progressive, 
 Bonic moderately conaerviitive, and others po8sess«!d with a morbid conviction 
 that unless t'lry act .ij tlrags upon the onward movement of reform the 
 wheels of society will go oft" tho trjick and general desolation ho tho melan- 
 choly consecpience. The hiiidmoHt of these is fliu Coinmeiriul Aihriiixer, u, 
 very respcctahlc paper in its way, but never holding an opinion that anyl>ody 
 else holds, and fifty years behind the age, at least. If it can be regardcu as 
 the represcntiitive of any class, it is of those who hoM virtue to consist in 
 not picking iiookets or otiierwiso rendering tiiemselves amenable to the hiw, 
 who regaril nioney-lwgs as a divinity to bo worshipped with their whole souls, 
 and who worship them accordingly, with sanctimonious and gmvc propriety, 
 at eleven o'clock every Sunday in the gilded and cushioned pews of Trinity 
 or Ciracc. That sucli «i i.;per should comprehend the dilliculties, theniccs- 
 sitics, the bitter experiences, of San Francisco is not of courec to be expected; 
 but tho jieople of this city had a right to anticipate that it would content 
 itself with expressing that opinion whicli was consonant with its anti(juated, 
 dull, and soujewhat perverted instincts, without descending to absolute mis- 
 representation in regard to the scenes which took place in this city after tlio 
 execution of tho man Jenkins. Touching tho acts of tho Vigilance Commit- 
 tee, the object of their organization, the extinordinary system of police 
 which under their auspices sprung into existence with most magical celerity 
 all over the land, the wonderful completeness with which they have carried 
 into execution evei-ything they attempted from the Iteginning, the inierring 
 certainty with which they jjounced ujx)n the worst characters in tho comuni- 
 nity, without over making a single mistake in regard to those whom tlu y 
 arrested and punished, their pnidenco and moderation in avoiding all flithculty 
 or conflict with tho oflTicers of the law, and the triumphant success of their 
 eflbrts to suppress crime in this city, we have already spoken many times. 
 Their whole acts may l)e summed up in this, that c.fter a fair trial, and on fidl 
 evidence of guilt, they exterminated four men whose hands were stained 
 with many and tenible crimes, and who had maintained an incessant war 
 upon society in California ; and further, that they have driven back whence 
 they came several others, convicts from the liritish colonics, who also warred 
 upon the community, but whose criminality was not so grave or so apparent 
 as to deserve death. No iimocent man has sullercd death or exile at their 
 hands, and the persons whom they have punished would have sulFcred ecpially 
 had not the cotirts been inetiicient or the laws powerless. So much, briefly, 
 for tho result of the Committee's labors. Tho Commercial, after stigmatizing 
 as demoralizing, dohunianiziug, and otherwise objectionable, the execution of 
 Jenkins, traces to the agency of the Vigilance Committee the rush of the 
 crowd at the city hall to lynch Lewis for arson, and the scenes enacted in tho 
 tumultuary assemblages on thi; plaza on the two days subseijuent to the first 
 execution. In neither of these proceedings did the Committee interfere in 
 any manner. Several of the mcnibers were present at the city hall duiiug 
 
ANOTHER ANSWTIR. 
 
 438 
 
 tlir fxcitomcnt about Lewis, but quite as many were opposed to the «i>int of 
 violence nianifc-sted on that oeuaHion as in its favctr. Tiio Coniniittee diil not 
 jiarticipate in tlio attempt, nor ditl they eontributo to the excitement. A;,'ain, 
 in the meetings hehl on tii'j ))lu2it tJio Conmiitteo took no part. Tlioso a.sseni- 
 blages were witiiout aim ui object, and anything that tiMjk place miglit witli 
 aa much propriety be attributed to the ('o;M/«frfia^ itself as to tlio Vigilanco 
 ('(iininittcc. Nor can we, and we regret tf) say it, refrain I'rom believing that 
 till' charge of instrumentality on the part of the Connnittee in these rows, if 
 we may so cull them, has been nuidu by that journal with malice ; fur in nu 
 California paper can wo find aught tending to identify the Committee witii 
 tlicsc acts. The simple circumstjinue that Mr Uranuan, a mcnd>ei' of tho 
 body, was called upon to address the crowd is too frivolous as testimony ou 
 wliicii to ground such a charge for a journal so serious in its character as the 
 (.'ommcrckd. ]Jut is not this holy horror at a crowd assembled in .San l'"ran- 
 ci.sco through a wish to see justice dealt to a i)ei'son deemed guilty of an ut- 
 ti'nii)t to fire the city, after two tliirds of it had been ulreiwly consumed, 
 tigcthcr with twenty or more valuable live.-t, is not this holy horror f<in»'v'iat 
 plmri^jaical? 
 
 •' 'Tho flesh will qulvrr when iXio pincf rii tp»r— 
 The blood will follow where tho Iiutre li drivi'D.' 
 
 "And will not people complain and act when driven to tho verge of despair, 
 anil heart-sick from the loss of property, and home, and fi-iends, and oven of 
 all prospect of recuperation? We recollect being in New "i'ork some years 
 av;u, when on a certain Saturday night a young man named John C. Colt sat 
 in the dock of the criminal coui-t awaiting the decision of the jury, who had 
 retired to an adjoining room to consult whetler he should live or die. 
 'i'lirouj.'h the open windows came the roar of an excited multitude, whoao 
 luud and menacing voices penetrated even the jury-room, demiinding tho 
 blood of ..ho accused. That crowd was composed of men and women, and 
 till four o'clock on Sunday morning that hoarse cry still went u]) demanding 
 blood. This happened in New York, where the Commercial has been estab- 
 lished wc know !iot how many years, and where tiiey have their tJrace 
 Church and Trinity Church, their pews, preachers, and polict^ their courts, 
 ofTiccrs, and laws, on the most approved system a lengthened experience has 
 been able to shape. We do not remember that the circumstance called forth 
 from that journal any unusual expression of displea.sure ; but there is no 
 measure to its indignation when a crowd of some few hun<lred persons in 
 San Francisco make a hanuless.demonstration of anger and exoitcnient against 
 a man who, if guilty, was tenfold moi-e criminal than Colt. We rejoice that 
 s ) few of the Atlantic papers have followed the example of the ('oiHiiicrciaL 
 Some three or four indeed, through spleen or stupidity, seize the occasion to 
 read us a lecture on our lawlessness, forgetting or ignoring the fact that wo 
 have been lawless, that is without the benefit of law, since we lirst arrived. 
 It is most gratifying to perceive, however, that a largo majority of tho 
 j'uirnals in tho states take a liberal and enlightened view of our ditiiculties, 
 and exhibit a candid appreciation of the stem necessity that impelled our 
 citizens to uphold the laws by enforcing their execution. " 
 
II 
 
 42G 
 
 BEFORE THE WORLD. 
 
 ii' 
 
 While certain journals were thus raising a great 
 outcry against the conduct of the people of California 
 in carrying into execution measures for the protection 
 of life and property, within fifty miles of New York's 
 capital were acted scenes dastardly beside the wildest 
 lawlessness in California. Says one: 
 
 "The anti-rcnter8 in this state are getting troublesome again. A few 
 night* since a number of them, disguised as Indians, surrounded the house of 
 a man named Shaw, who had scn-ed process on one of them under direction 
 of the sheriff of Rensselaer county. They took him out of bed, carried him 
 a distance of a mile, and then tuiTed and feathered him. One would ha^■e sup- 
 posed that his age, seventy years, would liave saved him from such indignity, 
 but it did not. Governor Hunt offers a reward of $500 to any of the partici- 
 pants in the outrage, to the nmnber of five, who will inform on the others. " 
 
 Commenting on the above, the New York Mirror 
 remarks: 
 
 " The Aha California, which has been compelled to follow the example of 
 the Mirror and come out double occasionally, contains full particulars of the 
 lawless state of society in San Francisco, and, we regret to sec, vindicates the 
 resort to mob law. We took up our pen to combat the fallacies of the editoi' ; 
 but then wc tliought of the anti-rent outrages in our own state, and concluded 
 to drop the subject. It is not two weeks since an old man of seventy was 
 mobbed in attempting to serve a process in the state of New York, and Gov- 
 ernor Hunt has not called out the police or the military to arrest the rebels !" 
 
 Even in staid communities it is impossible always 
 to crush immutable truth and justice beneath dead 
 forms of law, — instance a case tried about this tiino 
 which occurred at the Old Bailey in London, Lord 
 Chief Justice Tindal presiding: 
 
 George Hammond, a j)ortrait painter, was placed 
 at the bar, to be tried on an indictment found against 
 him by the grand jury for the wilful murder, with 
 malice aforethought, of George BaUlwin,a rope-dancir 
 and mountebank. The prisoner was a man of middlo 
 height but slender form; his eyes were blue and mild. 
 His whole being gave evidence of subdued sadness 
 and melancholy resignation. He was forty-one yeaiN 
 of age; he had a soft voice, and liis manner and 
 ai^pearanco bore testimony of his being a man of 
 
A FATHER'S STORY. 
 
 427 
 
 feeling and refinement in spite of the poverty of his 
 dress. On being called on to plead, the prisoner 
 n(hnitted that he did kill Baldwin, and he dej)lored 
 tlie act, adding, however, on his soul and conscience 
 he did not believe himself to be guilty. Thereupon a 
 jury was impanelled to try the prisoner. The indict- 
 ment was then read to the jury, and, the act of killin'j^ 
 being admitted, the government rested their case aiul 
 the prisoner was called upon for his defence. The 
 ])risoner then addressed himself to the court and jury: 
 "My lord," said he, "my justitication is to be found 
 in a recital of the facts. Three years ago I lost a 
 daughter, then four years of ago, the sole memorial of 
 a l)eloved wife, whom it pleased God to recall to him- 
 self. I lost my child; but I did not sec her die. She 
 was an angel, and beside her I had nobody in the 
 world to love. Gentlemen, what I have suffered 
 cannot be described; you cannot comprehend it. I 
 expended in advertising and fruitless search every- 
 thing I possessed, furniture, pictures, and even my 
 clothes. All have been sold. For three years, on 
 i'oot, I have souglit my child in all the cities ami 
 all the villages of the three kingdoms. As soon 
 as by painting portraits I had succeeded in gain- 
 ing a little money, I returned to recommence my 
 advertisements in the newspapers. At length on 
 Friday, the 14th of Aj)ril last, I crossed the Sniith- 
 iield cattle market. In tlie centre of the market a 
 troupe of mountel)aid<s were performing their feats. 
 Amou'jf them a child was turnin<jf on its head, its 
 logs in the air, and its head su])p()rted by a halbert. 
 A ray from the soul of its mother must have pen- 
 etrated my own for me to have recognized my child 
 in that condition. It was, indexed, my [)oor chill. 
 Her mother would have clasped Iier to her heart had 
 she IxHMi there. As for me, a veil passeil over my eyes. 
 I threw myself upon the chief of the rope-dancers. I 
 knew not how it was; I, habitually gentle, even to 
 v/eakncss, seized him by the clothes; I raised hiiu in 
 
423 
 
 BEFORE THE WORLD. 
 
 I y 
 
 '/■ 
 
 the air and dashed him to the ground. Then again. 
 He was dead. Afterward I repeated what I had 
 done. At that moment I regretted that I was only 
 aWe to kill but one." 
 
 " These are not Christian sentiments," replied the 
 chief justice; "how can you expect the court and 
 jury to look with favor on your defence, or God to 
 pardon you, if you cannot forgive ?" 
 
 "I know, my lord," continued the prisoner, "what 
 will be your judgment and that of the jury; but God 
 has already jiardonod me; I foul it in my heart. You 
 know not, I knew not then, the full extent of the evil 
 that man had done. When some compassionate people 
 brought me my daughter in )ny prison she was no 
 longer my child; she was no longer pure and angelic 
 as formerly; she was corrupted, body and soul; her 
 maimer, her language, infamous like those of the 
 jicople with whom she had been living. She did not 
 recognize me, and I no longer recognized her myself 
 Do you comprehend me now? That man had robbed 
 me of tlie love and soul of my child; and I have 
 killed him but once." 
 
 The foreman now spoke: "My lord, we have agreed 
 on our verdict." 
 
 " I understand you, gentlemen," answered the chief 
 justice, "but the law nmst take its course; I must 
 sum uj) the case, and tlien you will retire to deliber- 
 ate." The chief justice having summed up the case, 
 the jury retired, and in an instant after returned into 
 the (X)urt with a verdict of " Not guilty." 
 
 On the discharge of Hanunond the sheriff was 
 obliged to surroun«l him with an escort. The crowd 
 of women and men was inunensc;. The women were 
 determined to carry him off in triumph. The crowd 
 followed him all the way to his lodgings, with deafen- 
 ing shouts and huzzas. 
 
 I 
 
CHAPTER XXVIII. 
 
 EXTENSION OF THE VIGILANCE PRINCIPLE. 
 
 In my mind, he was guilty of no error, lie was chargeable with no ex- 
 aggei'ation, ho was Ixitraycil by his fancy into no nictuphur, who once said, 
 that all we see alwut us, kings, lords, and commons, the whole machinery of 
 the state, all the apparatus of the system and its varied woikiugs, end in 
 simply bringing twelve good men into a box. 
 
 Lord Browjham. 
 
 Plato, in his Republic, defines justice as "the inter- 
 est of the stronger;" .and however much of sophistry 
 hes hidden in the sentiment, we find practically that 
 it is very near the truth. Tlie stroni^er will have 
 their way, and if their way be not right or just, they 
 will not long be the stronger. As a matter of course, 
 by the stronger is meant not that element of the 
 nation which may be momentarily uf>}>erniost, or 
 which may happen to have another element at a dis- 
 advantage, but the iidierent and permanent dominating 
 strength that underlies all the vital activities of a 
 people. 
 
 In American politics we see strikingly illustrated 
 this self-regulating principh;. Corruption is insepa- 
 rable from our form of ijfovernnjent. The svstem of 
 short terms and rotation in office offers a standing 
 iH'ward for neglect and peculation. Political parties 
 arc essential to this system, not from the principles 
 jKlvocated, for the principles of either are good enough 
 if well carried out, and there is little to choose betweiii 
 them, but from the necessity of keeping tlie pool 
 stilled in order to ]>revent stagna^itMi. The |)artv in 
 power nuist be driven out, or the certain corruption 
 soon becomes unendurable; and so in this tread-mill, 
 
 1*^1 
 
4S0 
 
 EXTENSION OF THE VIGILANCE PRINCirLE. 
 
 fafihion, wu must go on irom one election to another, 
 with a reform party ever at the heels of the party in 
 office, the paramount object of the one to come within 
 ivaeli of power, and of tlie other to make the most of 
 oi)p()rtunity. But neither in parties nor pohtics hes 
 the strength of the commonwealth. If it were so, 
 (iod pity us! There the interest of the stronger has 
 nothing to do with justice. It is the people, not the 
 politicians, in whose interests lies justice; it is the 
 people, not the politicians, in whom lies the nations 
 strength. 
 
 Our government is weak because the people are 
 strong. But because a weak government is the kind 
 that suits us best does not necessarily imply that we 
 are best ruled Ijy weak men, even though we seldom 
 choose others. Because a monarchy is the strongest 
 of governments, and an aristocracy the wisest, does 
 not imply that we should change our republican form 
 for another. To do so would be retrograde; yet we 
 might safely enough give up part of our ignorance 
 antl weakness. The maxim that the king can do no 
 ^vrong has in our day become literally true, for now 
 the sovereign can do nothing except that which his 
 ministers and parliament permit him to do. Inherent 
 in pow(!r is decay. And unless the government is 
 constantly refreshed by a cleansing stream flowing in 
 from the people, it soon becomes rotten. Therefore 
 reform the units of society if you would reform society. 
 Wickedness in rulers is the correlative of wickedness 
 in the people. 
 
 Couipare the laws of evolution as applied to gov- 
 ernment with the behavior of the mixed popu- 
 lation of California when left without government, 
 and we find the two in perfect accord. Society as a 
 whole cannot act or even exist except through the 
 agency of some sort of iniluence enforcing obedience. 
 There are two kinds of laws which underlie society, 
 natural law and artificial law ; one arises from neces- 
 sities common to all mankind, and the other waits on 
 
SOCIETY AND LAW. 
 
 431 
 
 011 
 
 fashion. The social state evolved from the domestic 
 state implies property, marital relations, laws, and 
 general government. 
 
 As among ]>rimitive peoples, so among the California 
 miners, we see a state without laws, aggregations of 
 men without government, each absolutely free, free in 
 thought and action, so far as he himself is concerned ; 
 but let him beware how he touches another. Never 
 did danger so attend wrong-doing: "I caught this 
 fellow stealing my nmles, antl I shot him," was found 
 written on paper pinned to the breast of a dead body 
 lying by the roadside in 1853. 
 
 In the absence of written law speechless sentiment 
 becomes a power keener, stronger, and more merciless 
 than any of which man stands in awe. The laws of 
 God and the laws of man combined are puny in their 
 efforts at curbing the passions of wilful man as com- 
 pared with the opinion of his neighbor. Give a man 
 the sympathy of the community in which he lives, 
 and the law cannot hurt him; and, on the other hand, 
 let him be anathema of his fellows, and no law can 
 save him from their ven<j:eance. 
 
 Keenly alive and jealously sensitive are the rights 
 of individuals and of aijjjreijations of individuals when 
 intrusted to their own keeping. Every man has a 
 watch on every other man. In the absence of legal 
 and judicial professionals, or later, in tliei!- inanity, 
 every member of the community was sheriiF, judgv, 
 and executioner. 
 
 Hence it was these miners walked eircunispectly 
 among themselves, each coveting the good o[)iui()n of 
 his neiglibor, each at once servajit and master of all. 
 To this end they purifie;! their own motives while 
 purging their camp of crime. And to do right, one 
 must feel riixht. Ivicjht feeling bejjfets rI<T:ht action. 
 1 he man is surely an adept who can be one thnig and 
 throughout his life act another, who can wholly sub- 
 s(!rve emotion to cognition, and cognition to reason. 
 Laws will not frighten men into right doing; rewards 
 
432 
 
 EXTENSION OF THE VIGILANCE PRINCIPLE. 
 
 will not entice them. A society perfect in thought 
 and feeling needs no laws for its regulation. 
 
 Furthermore, as in primitive communities despotism, 
 feudal, oligarchical, or monarchical, for a time holds 
 rule, showing the necessity of placing under restraint 
 progressive man, so here we find a despotism of de- 
 mocracy. In the absence of visible forms of law there 
 was the essence of law everywhere; just as in the 
 progress of civilization wlien men arise and throw off 
 superstition and despotism they only rivet the chains 
 of social tyranny the tighter. 
 
 Therefore we may conclude that, properly regarded, 
 all the mad pranks of these miners, all the social ab- 
 normities that obtained along the Sierra Foothills 
 <luring the gold-gathering epoch, may be safely re- 
 ferred to sociological principles; just as all natural 
 plienomena as soon as understood are found to be 
 governed by fixed laws, when if not understood they 
 are regarded as the results of supernatural causes. 
 Men pray for rain because the laws of storms are ill 
 defineil ; they will not pray that a stone may be turned 
 into bread, because they know that bread is not a 
 geological formation. So the laws which govern 
 social development, when understood, will be found 
 in no wise to run counter to the free-will of man, if 
 man has free-will. 
 
 Durinir the (lush times of California there were 
 several j)hases of crime in the several parts of the 
 country. In the cities were slung-shot strikers, house- 
 breakers, wharf-rats who preyed U|)on sailors and 
 shipping, j)ick-pockets, sneak-thieves, safe-robbers, 
 gentlemen forgers, and first-class burglars. In the 
 country there was more killing, that being the more 
 eftectuul way of arresting pursuit; and as the penalty 
 for stealing was the gibbet, no severer punishment 
 could befall the nuirderer. Highwaymen at intervals 
 infested tlie interior, and their organizations at times 
 assumed magnificent proportions. Horse-thieves were 
 thick in stocli localities. Miners were murdered for 
 
SEABOARD AND INTERIOR. 
 
 483 
 
 their money; a dead body beside a solitary claim was 
 not an unusual sight ; and often the thief was hanj^ed 
 while the murderer escaped. Then there was a large 
 migratory class, who when one place became too hot 
 went to another. 
 
 ^als 
 
 \erc 
 for 
 
 Following the example of San Francisco, popular 
 tribunals were organized in every town of any impor- 
 tance throughout the state, and, as they became 
 inhabited, in ncijjhborinjj states. These were of everv 
 grade, and of every degree of efficiency. In the larger 
 cities, such as Sacramento, Stockton, Marysville, 
 Sonora, San Josd, and Los Angeles, were standing 
 associations of the best citizens, which, though neces- 
 sarily less in numbers, were wellnigh as complex in 
 thoir organization, and fully as effective in their action, 
 as the great committee of the commercial metropolis. 
 
 Indeed, these country committees, as a rule, had 
 work enough to do. Though they were spared much 
 of that kind of work incident to a seaport town, and 
 to the prominence of the first and largest organization, 
 yet in certain directions the labors of some of them 
 exceeded those of the San Francisco Committee. 
 There were fewer cases of exile in the country, but 
 more executions. For every criminal execution by 
 the Vigilance Committee of San Francisco there were 
 at least twenty executions by the country commit- 
 tees — that is, including all of them in operation 
 throughout the state. In one year, that of 1 855, there 
 were no less than forty-seven arl)itrary executions in 
 California; and of these, twenty- four were for theft, 
 and nineteen for murder; the other four being for 
 minor offences. 
 
 Thus in the larger interior cities the committees of 
 vigilance ranked but little lower than the connnittee 
 of San Francisco. Descending the scale, we have 
 next those beloni^intx to towns next in size antl noces- 
 sitv, which did not keep up permanent organization, 
 regular meetings, and active work, but which would 
 
 Por. Tkid., Vol.. I. 
 
 28 
 
I,: 
 
 484 
 
 EXTENSION OF THE VIGILANCE PRINCIPLE. 
 
 as occasion required come together, organize or reor- 
 ganize, and, after performing the business which called 
 them together, disband. These impromptu organiza- 
 tions were usually for the purpose of trying some crim- 
 inal caught before the organization was effected. Then 
 there were many still less formal, until mobocracy in 
 its simplest and most repugnant form was reached. 
 
 In the organization of these various country com- 
 mittees there was no concerted action, no general 
 appeal other than the publication of the following 
 notice in the journals of the 10th to the 15th of 
 June, at the time of the first organization of the 
 Committee of 1851: 
 
 I. 
 
 
 I 
 
 "To THE Citizens of California: 
 
 "Should the order-loving portion of the citizens of Sacramento City, 
 Stockton, the Pueblo de San Josi5, Monterey, Marysville, and all other towns 
 and cities of the state, find it necessary, they are invited to form themselves 
 into committees of vigilance, for the pui-poses set forth in the constitution of 
 the Committee of V'.,i!anco of San Francisco. The object of these conmiittecs 
 is, moreover, for the purpose of corresponding with each other, so as to be able 
 to mark and notice the n )vements of all disorderly or suspicious characters. 
 By vigilance we may succeed in driving from our midst those who have be- 
 come so baneful and obnoxious to our communities." 
 
 Thereupon the course of the citizens of San Fran- 
 cisco was endorsed by mass meetings held in Sacra- 
 mento, Stockton, and elsewhere. 
 
 In view of these facts; in view of their existence, 
 their universality, and their spontaneity, it seems 
 almost an insult to reason to argue their necessity or 
 their righteousness. And yet there are those learned 
 in the law who will tell you to-day that the thing 
 was unnecessary, the principle wrong, and the mem- 
 bers of these associations murderers. Stranoe that 
 men fresh from the firesides of their boyhood, fresh 
 from the hallowed influences of home and the re- 
 straints of sober society, should so invariably and 
 unnecessarily demean themselves as to band as la^^ - 
 breakers and murderers the moment they arrived at 
 any point on the western slope of the continent! 
 
GOVERNMENT IN EARLY TIMES. 
 
 485 
 
 As at San Francisco, so it was with these country 
 committees of vigilance. Swift and merciless was 
 their action ; the most notorious villains were quickly 
 judged and hanged, the lesser ones frightened away; 
 and then, after having used with skill and modera- 
 tion, and for the public good, the moral power which 
 they had seized, they as promptly laid it down, gave 
 California to the appointed authorities, and became at 
 once and forever themselves the strictest observers of 
 the law. 
 
 At various times during the epoch of 1851 and 
 that of 1856 the question arose whether it was ex- 
 jicdicnt to form of all the committees of the state 
 Olio grand organization, with the San Francisco Coni- 
 uiittee as the trunk and the interior committee.; as 
 the branches. Applications were frequently made by 
 country committees to become a part of the Sau 
 Francisco organization; meetings were held, and the 
 subject at various times discussed. 
 
 But with their usual wisdom and discretion tlio 
 San Francisco Committee declined all such combina- 
 tions. While willing to act in perfect accord with 
 all associations for the punishment and prevention of 
 crime throughout the state, while earnestly desirous 
 of giving and receiving every facility for the accom- 
 |)lisiiment of the purpose which called them into ex- 
 istence, the San Francisco Committee were unwilling 
 to assume any responsibility wlii-ch could not at any 
 time be controlled within the walls of their own 
 council-chamber. A general organization might have 
 led to the wildest excesses In the more remote quarters 
 and have made the central or parent committee re- 
 sponsible for deeds from the commission of which they 
 would have shrunk with horror. 
 
 At an early day, long before the general uprising of 
 1851, in certain sections of the gold-fields the miners, 
 more particularly the English-speaking class, and 
 sometimes only citizens of the United States, met and 
 adopted rules by which to be governed. These rules 
 
436 
 
 EXTENSION OF TIIK VIGILANCE PRINCIPLE. 
 
 r 
 
 {Tfovtirnod thu title to mining elaim.s, and protection to 
 life and i)io[)erty. 
 
 At the miners' meeting called for the purpose, an 
 alcalde, or justice of the peace, and a constable were 
 chosen, and an official oath administered by the chair- 
 man of the meeting. In civil actions before these 
 courts the ijlaintiff or defendant could, either of them, 
 call for six jurors to assist the juilge, and in criminal 
 cases the accused was entitled to a jury of twelve 
 men. Process was issued l)y the alcalde aiul executed 
 by the constable, or, as he was as frequently called, the 
 sheriff. All proceedings conformed as nearly as miglit 
 be to those of an ordinary court. Appeals could be 
 made from this court in criminal cases only to the 
 s[)ectators at the time of execution, who were su[)- 
 posed to represent the people who gave the court its 
 authority. It was simple, but extremely significant, 
 this ultimate appeal of the condemrod, the moment 
 before his execution, to the highest earthly authority — 
 a most solemn appeal, but too often lightly regarded 
 by those to whom it was made. 
 
 Upon conviction in criminal cases tried Ixifore a 
 jury the degree of punishment was fixed by the 
 alcalde, and it might be death, for any offerxce. The 
 juror's fee was six dollars for the case, and the alcalde's 
 sixteen dollars. The witnesses and constable were 
 also duly recompensed. 
 
 The miners' court had its origin prior to the ad- 
 vent of law. Upon the legislative establishment of 
 courts, in most localities the minors' courts gave place 
 to tliem, but not always. If the leading spirits of u 
 mining-camp were satisfied witli their own julicial 
 machinery they would neither elect under the statutes 
 noi' |)ermit others to do so. ^liners' courts were not 
 wholly abrogated till after 18.04. More particulaily 
 was this the case in criminal trials, wherein the peoj)lc' 
 were provoked by the tardiness of constitutional courts. 
 
 It was sugijested by one that loLml tribunals should 
 be establisheil in the cities and throughout the country 
 
 1^ 
 
 ) 
 
LEGISLATION AND LAW COURTS. 
 
 437 
 
 whore justice could be instantly dotennincd and exe- 
 cuted; or extraordinary power uiiglit by special legis- 
 lation be delegated the courts to act without the usual 
 law's delay. Thus the chances of escape would bo 
 lessened ;ind the cost diminished. 
 
 About midsummer, 1851, there was considerable 
 discussion, principally among the law and order 
 party, concerning the propriety of calling an extra 
 session of the legislature for the puruoso of so modi- 
 fying the criminal code as to meet the requirements 
 of the present social crisis. Such a movement on 
 the part of the governor would have rendered him 
 yet more unpopular. Aside from the expense, which 
 for a ten days' session would have been about sixty 
 thousand dollars, the result would have been produc- 
 tive of evil rather than of good. The disease was 
 altogether beyond the reach of the physician, juid 
 further legislation would only have intensified the. 
 trouble. The law was well enough as it was; and 
 further to complicate affairs by the j)ropagation of 
 yet more inefficient and corrupt officia s was no way 
 to cure crime. The people were taking care of them- 
 selves, and that in the simplest, most direct ind 
 lionest method in the world — by making punislimciit 
 to follow closely the heels of crime. 
 
 In 1850 statutes were enacted, and the pc(>[)lo 
 meanwhile administered justice by popular tribunals, 
 or surrendered their claim to the execution of justice 
 into the hands of the legally constituted tribunals. 
 Now, thought they, we shall liave quiet living; we 
 may now pursue our several vocations in safety with- 
 out the harassment of hunting and hanging criminals. 
 Hut the people in their brighter prospect were not 
 alone made happy. Tiie thief, the election trickster, 
 tlic murderer, these too rejoiced over a pros})eetive 
 reign of law, over an administration of pretended 
 justice which should shield them from their mortal 
 enemies, the people. 
 
 Following the great uprisings in San Francisco, 
 
438 
 
 EXTENSION OF THE VIGILANCE PBINCIPLE. 
 
 li 
 
 there was a general exodus of criminals to the in- 
 terior. A San Francisco paper thus sounds the note 
 of warning: 
 
 ' ' Tho recent hanging and banishing of the friends and companions of these 
 villains in Sati Francisco caused a stampede for the interior and southern 
 portion of the state, where they formed themselves into organized banditti, 
 robbing and murdering indiscriminately. Neither sex nor age wore regarded 
 by tlaso desperate gangs of maniuders. Patience at last ceased to bo a virtue ; 
 the l;i\v was found to bo inefficient to punisli tho bloody outrages which were 
 «lnily being committed ; tho people in the lower counties, in Los .tVngeles, 
 !Montoioy, San Luis Obispo, nnd later still in Carson Valley, have liceu oblige<l 
 in Bplf-dcfence to follow the example of San Francisco and mete out a sum- 
 mary hut just punishment to all that fell into their liands. 
 
 ' ' The result of such summary execution is that the desperadoes have 
 concluded that California has l)ccomo too warm for them, and they have de- 
 tennincd to shift their quarters to the new gold regions north, where the 
 people arc not so united. In that comparatively unkuowji country tiiey ex- 
 pect to have more facilities for carrying on their unlioly business, and where 
 theru will be less chance of detection. -Vs there will bo no chance of these men 
 bciuy 8upiH)rted by political plunder iu the country to which they have now 
 gone, the more deaperato anil dangerous will they bcicomc. Their organiza- 
 tion, it is now proved without a iloubt, is complete throughout tho coast; 
 they have theii- secret signs, passwords, and grips, by which they are recou- 
 iiizcd. Their threats against the members of and sympathizers witii the 
 Vigiliince Coiiuuittee is no idle Ijoast. That they will attempt outrages is 
 bcyoiul .1 doubt. Their fricnils and al)ettors in this city will keep them fully 
 posted with the names and business views of all whom they consider will 
 aO'ord a good show of plunder, and murder will prove their safety against 
 further recognition or detection; for, like Jack Powers and Pio Linares, their 
 motto is, ' Dead men tell no tales. ' 
 
 ■'Under these circumstances what is the duty of the good, law-abiding 
 citizens who have settled or may settle in the new mines? As to law, there 
 is none to l)c had there. If it were extended over them, none of that class 
 of SI) -called politicians who readily become the friends and tools of the 
 banditti would give up their prospect of making a 'pile' to till offices of 
 respon.sibility. Our advice is for the miners to organize themselves into 
 Sinned companies, keep up a strict volunteer police, and administer justice 
 \vhenever rciiuired, in a manner that will deter these villains from commit- 
 ting crime. To be forewarned is to bo foreanned. Danger to life and prop- 
 erty stares them in the face. Then let them be prepared to prevent it at tlic 
 outset. The gamblers should be shunned and scouted by all honest men ; 
 the bully and the shoulder-striker should be admonished to keep ijuict 
 and eain an honest living, or prepare to take up his traps aiul march. The 
 nmrderer and robber should be shown no mercy. At the first unmistakable 
 conviction of such an oflfence the murderer should be hanged as high as 
 Hamaii, ami his body left to dangle as a warning to his companions in guilt. 
 
 " This summary proceeding may sound hai-sh to the ears of such persoua 
 
MIGRATIONS OF CRIMINALS. 
 
 430 
 
 as have not witncsaed the troubles in this state. We expect it will call forth 
 a liowl of indignation from the venal press in the iutorcMt of gunihltra and 
 thieves; but it will be ilisre^'arded as the wluMtling of the wind. Those who 
 know the desperate character of these men, and are uciiiiuinted witli tlieir 
 I'ornicr vile deed.s in this state, know full well that we reconnnt'nd tlu' nidy 
 means whicli will aflbrd safety to property and life intho unprotected country 
 to which immigration is now pouring. Such organization of miners will also 
 iifTord protection against the bold savages who inhabit the north, and wlioare 
 iiostilc to the whites. To these savages will the desperadoes resort for i)ro- 
 ti'ction and aid. It is the duty, therefore, of the miners to prepare for 
 trouble. Punish the offendei-s promptly, and the lives of many honest ana 
 innocent men will Ikj spared. Let them but get the start in crime, and many 
 a happy homo will be made desolate. The safety of all consists in prompt and 
 tlccidcd action." 
 
 Tliroughout the interior, more than in tho city, 
 uil)itrary administration of justice was regarded hy 
 the people with greater favor tlian the regular pro- 
 ceediniifs of courts. The institution of vigilance ac- 
 corded with the spirit of the times. Its inaeliinery 
 was unimpeded by the friction of forms; its sentences 
 were final and speedily executed. Then, too, it was 
 more needed, if possible, in the country than in the 
 cities. The people were more scattered, conmiunities 
 Diorc isolated and self-dependent; they were more 
 exposed, less capable of continuous and concerted 
 action. 
 
 They had few jails, and thought that to stand guard 
 over criminals captured by their own exertions and at 
 their own expense was paying too much deference to 
 crime; such i)rocedure ill-accorded with their temper 
 or means. Quick let the bad cease to be, and then 
 each to his affairs. 
 
 So effectual were the workings of these organiza- 
 tions that, like all the institutions originating from the 
 necessities of the times, the frontiersman began to like 
 it, and to look upon it as a part of himself, his cate- 
 chism, his country. After civilization had set its seal 
 ui)on the town of Yankee Jim, a miner summoned 
 as a juror in a murder case was asked by the judge if 
 he had any conscientious scruples against capital 
 punishment. 
 
440 
 
 EXTENSION OF THE \ IGILANCE PKIXCU'LE. 
 
 "Yes, your honor, I have," ho replied; "that is, 
 unless administered by a vigilance committee." 
 
 The modes of punishment were many and varied, 
 being always such as should bring disgrace, and 
 usually such as should attach humiliation and pain. 
 Shooting was sometimes employed, but not often. 
 Whipping and driving from camp were frequent; but 
 the most common punishment was hanging. For 
 what better purpose did the solitary oaks send out 
 their long, ungainly branches ? It was a simple 
 process, throwing a rope over the limb of a tree and 
 tying one end of it round the neck of the offender. 
 The rabble would then seize the other end of the 
 rope and run with it as far as the ascending body 
 would permit. Mexicans were sometimes hanged 
 from mules, standing on the back of the animal until 
 the rope was adjusted, when the mule, frightened by 
 blows and yells, jumped from under the victim, leav- 
 ing him suspended. At the outset punishment was 
 not so severe as later, when the executioners had 
 become more accustomed to the workings of the 
 system, and to scenes of blood. 
 
CHAPTER XXIX. 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 Here is a mine of truth, which, however 
 is likely to outlaat our coal. 
 
 'ijorously it may be worked, 
 Oeorge Eliot. 
 
 Let us now examine some of the more dignified 
 popular tribunals outside of San Francisco. It was 
 almost simultaneously, as soon as people began to 
 understand something of the nature of the organiza- 
 tion of June 9, 1851, that similar associations were 
 formed throughout the length and breadth of the land. 
 
 The Vigilance Committee of Sacramento vao lir.'t 
 foimally created the 25th of June, about a fortni:^lit 
 al'tcr the organization of the first Vigilance Coninnt- 
 tec in San Francisco. Two hundred and thirteoii 
 inoinbers were enrolled at the first meeting, which 
 was held ftc the Orleans Hotel, and thereafter the 
 muiiber rapidly increased. P. B. Cornwall was cliosen 
 invsidcnt, and the executive committee consisted of 
 Messrs ^lilno, C'lryec, Rightmire, Watson, Latson, 
 Cheslcy, Barkci", Meeks, Leake, and Gciger. 
 
 Prior 1 1 this time, as we have seen, there had been 
 several summary arrests and pvmisliments of greater 
 or less degree. But this was hardly sullicient, in view 
 of the rapid development of events. When tin; best 
 men of Sacramento saw what San Francisco was 
 t-loing, saw the immediate good cftects of their uiii(|ue 
 association, they obtained a copy of the constitution 
 and by-laws of the San Francisco Committee and 
 organized on the same plan. 
 
 In common with the entire country, the City of 
 
 [441] 
 
^i: 
 
 
 442 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 the Plains was infected with the leprosy of crime ; and 
 as this landing was then the rendezvous for adven- 
 turers from San Francisco and elsewhere to the 
 northern mines, rascality here partook at once of 
 the character of that of the city and of the country. 
 Thither resorted commercial, agricultural, and mining 
 desperadoes ; sailors and professionals from San Fran- 
 cisco, cattle-stealers and highway robbers from the 
 valleys, and gamblers and murderers from the mines. 
 
 We will glance briefly at Sacramento's infelicities 
 about this time. In April, 1851, Mr Lawrence, 
 editor of the Times and IVanscrijJt, was attacked b}- 
 certain political desperadoes then infesting the city. 
 A manifesto was issued, and within an hour five hun- 
 dred citizens pledged themselves, in writing, to pro- 
 tect Mr Lawrence, and any other members of the 
 press, against which class villainy for the moment 
 seemed directed. 
 
 On the 17th of July following, as Mr Lawrence 
 was passing the court-house, J. Neely Johnson stepped 
 up and demanded whether he was the author of a cer- 
 tain paragraph published in the Times and Tvanscript 
 that morning, at which Johnson had taken ofFenc(\ 
 Not receiving a satisfactory reply, Johnson seized the 
 journalist's nose and wrung it magisterially. Law- 
 rence drew a pistol and would have fired had he not 
 been disarmed by the by-standers. The reader must 
 know that this was the same Johnson who afterward, 
 as governor of California, was so horrified at tlie doings 
 of the San Francisco Conimittee of 185G that he was 
 ready, had he been strong enough, to deluge the strL'et> 
 of the city in the blood of its best citizens. T(» 
 avenge a personal injury he did not hesitate to defy 
 the law; but when the people themselves, for tlu; 
 preservation of society, laid their hand on law it was 
 sacrilege. 
 
 Four men were caught robbing a citizen of Sacra- 
 mento on the Dth of July. The crime was perpetrated 
 
AFFAIRS AT SACRAMENTO. 
 
 443 
 
 ill open day, in the suburbs of the city, and was wit- 
 nessed by several persons. While the thieves were 
 Iteing taken before the court of sessions the Commit- 
 tee of Vigilance convened for deliberation, and a 
 crowd of about one thousand persons collected before 
 the station-house and attempted by force to obtain 
 ] possession of the prisoners. A committee of throe 
 was then chosen to wait on the officers and request 
 posbcssion of the prisoners for hanging purposes. 
 This request the limbs of the law very properly de- 
 nied. Brought into court, the prisoners, by their 
 counsel, insisted on the time allowed by law for the 
 ])roparation of their defence, and the trial was conse- 
 (juently postponed. This delay caused great commo- 
 tion among the crowd, and on putting the question to 
 vote it was almost unanimon sly decided to hang the 
 thieves that day. Seeing the ominous aspect of affairs, 
 the prisoners' counsel consented to proceed to trial at 
 once. All were convicted ; one was ordered away to 
 the state prison, and the others were sentenced to be 
 hanged. This was the first attempt at inter i'or(.>nce 
 u ith the regular process of law by the Sacramento 
 Vigilance Committee, and the result speaks loudly 
 ihoir moderation. 
 
 iVbout a week before this a man named Franklin 
 Sant'ord, who had been arrested at Daylor's rancho, 
 charged with shooting cattle and selling the meat, was 
 with difficulty saved from the vengeance of the peoj)le. 
 ilc was finally taken to Sacramento and bound over 
 by Judge Sackett in three thousand dollars bonds. 
 
 It seemed impossible for the men of Sydney to 
 keep their fingers from their neighbors' property. 
 About this time, on the 8th of July, one of the fra- 
 ternity who took passage on board the Senator for 
 Sacramento was twice within an hour caught steal- 
 ing. The first time it was a pair of shoes from a 
 Ciiinaman — O base-born son of Albion! to steal the 
 worthless wooden shoes of a greasy Asiatic I Next it 
 was five dollars in gold which a passenger laid on the 
 
444 
 
 COUNTRY COMMITTEES OP VIGILANCE. 
 
 F? 
 
 count(>r at the bar, and which the thief took up. The 
 captain beini^ inforniod of the traffic, took the offender 
 forward to the windlass, and after giving him three 
 dozen lasbos put him ashore. The same day a thief 
 named Hodge was arrested, who regarded iiis execu- 
 tion a foregone conclusion, and manifested profound 
 indifference as to preliminaries. 
 
 The 22d of August, two days before the execution 
 of Whittaker and ^IcKenzie, there was great ex 
 citemeiit in Sacramento. Two liighwaymen, James 
 Gibson and John Thompson, convicted some time be- 
 fon^ were executed by the sheriff; a third, Robinson, 
 received a respite of liis sentence from the governor. 
 This did not suit the Vigilance Committei^, They 
 <lemanded that Robinson likewise should be hanged, 
 and as the slioriff had no authority to do it they did 
 it themselves. When the hour for the execution 
 arrived the shei'ifT brought the three men from tin 
 station-house, and after reading the reprieve of Rob 
 inson ordered the two who were condemned to tin 
 place of execution and the third to the prison brii;, 
 Ijut on their wav the guard of tlie latter was over 
 ])owered and the prisoner taken to the grove wheir 
 tlu' exe(Mition of the others wa-' in pnigress. Aft( i 
 tile ,sh(<riff liad discharged Jiis duty in respect to tin 
 two condennied, an<l had washed his hands of wliiU 
 was to follow, I*obi)ison was /iiounted on tlie sann 
 nuK-hine bv the Vigilance ( 'onunittee and sent speed 
 il\' thence to t'ollow his conn'ades. That niijht a mass 
 meeting was hold at lli<> Orleans Hotel; on motion 
 the governor was ?'equested to resign, after which \\r 
 was hanged and bm'UiMl in ctligy, 
 
 Ri)l)inson's life lV»m eaily boyhood was a succes 
 sion of ci-imc; he hesitated at notliing, however dia- 
 bolii-al. He was a native of New York city, and v.a 
 thirty-two years of age. Wliile at school, and bui 
 tliirteen years old, he iiad foi-ged the name of ;> 
 easliier of a bank at the suj^uestion of one (Jranstii* , 
 who was but a i'ew years older, and who forged tii. 
 
THE CAREER OF ROBINSON. 
 
 445 
 
 jircsidont's name. They were successful in this eiiter- 
 ])iise, drawin*^ $4500 on the check. Granstine, Rob- 
 inson, and another accomplice, attempted a robbery 
 soon after of $7000, which Granstine acconi) Wished 
 by the murder of a young woman, for which crime he 
 \v;is lianged. 
 
 Airived at the acfc of sixteen, Rol)inson with the 
 aid of an accomplice robbed his own fiitlicr of $*2r)()0. 
 Then going to Pittsburg he obtained a ])]acc as cabin- 
 boy on board a steamboat. At the instigation of tlie 
 steward lie stole from a passenger, while asli^ep, $;]{)00 
 in gold. Robinson met the steward again in Cincin- 
 nati; they ti'avellcd together to New Orleans, when^ 
 lliey engaged in new crimes. Robinson obtain* ;d a, 
 ft s])onsible position in a hotel, where he rcmaintxl 
 several months. Tlien with accomplices he rol)bed 
 the safe of $5000, for which crime he was arrested on 
 si!si)icion, but was able to make apparent his iiuio- 
 ri'uce. Meeting on one occasion in Albany two nun, 
 Hunt and E(hvards, by whom he was known as a skil- 
 ful penman and a sliarp rascal, thoy made him th<.ur 
 ])artner, and oxpended $300 on him for dress and 
 ji'wolry. that lie miglit pass as a gentlenKin. ACttir 
 due j)r<.'paration lie presented at a bank a forged 
 <li«x'k for $2500, and obtained the money without 
 dilHcidty. In Philadelphia, where they went innne- 
 (liardy, ho practised on one name for several days, 
 milil he was able to counterfeit it so well that on 
 a check $20,000 was drawn from the bank. Rob- 
 inson's share was $(»000. He sent to his mother the 
 larger ])art of it, telling her he had drawn it at a lot- 
 'ei'v. In Baltimore the associattxl scoundrels obtained 
 •"^l.sOOO in the same way. In (^incinnaii another 
 ehfck for $20,000 was successfully forged and jia .sed. 
 llduards boasted his contempt for small things. At 
 Louisville the same amount waso])tained in the same 
 \vay. Here Robinson, dissatislitid with the division, 
 (H;arrelled with and separated from his comjtanions. 
 
 Prom Louisville RubiuK^on went tu New Orleans. 
 
I 
 
 i 
 
 
 
 !G 
 
 446 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 There he robbc.l tiie custom-houee safe; a negro who 
 was his accomplice was arrested or: suspicion and 
 whipped, but divulged nothing. On a plantation 
 where he was afterward employed ho opened a safe 
 and abstracted $4000. Thence Ilobinson went to St 
 Louis. A United States oflicer was his next victim, 
 whose robbery yielded him i?7000 which belonged to 
 the government. He coolly stood by and saw anotlici- 
 uxec.'uted for this deed. Ilobinson was engafjed in 
 thefts of greater or less magnitude constantly. In 
 travelling from one point to another liis fellow- 
 pa.ssengers were his victims. For knocking a man 
 down with a slung-shot and taking 81300 from his 
 belt, Itobinson was arrested, but esca[>ed by paying his 
 lawyers libornlly. In Cincinnati he an<l an accomjilic*- 
 broke open a jewlery establishment, and his partnei" 
 in the crime was imprisoned for seven years. Mem- 
 phis, Vic-ksburg, and Natchez in turn were success- 
 I ally visited by this prince of villains. He sent his 
 mother money again, $2000, leaving in his possession 
 ^-j^SOO in altered bills. Hogan, an accomplice in many 
 of his crimes, was hanged for murder in Cincinnati. 
 In St Louis Robinson obtained money by forgery, 
 and as a pickpocket achieved great success. In New 
 ()rleans he was six months in the county jail for theft. 
 At various times he was arrested, when false swearing, 
 1/iibery. and the skill of lawyers cleared liim. 
 
 After becoming notorious tlirougli the soutli and 
 east, with detectives on liis track, he came to 1h(! 
 Pacific coast. At Marysville lie attemjited to kill his 
 wife, on account of her unfaithliilness; esca|)ing from 
 his pursuers he went to Nevada. Hi' followed his 
 ]>rofession successfully w]ier<!V(T he went; some of his 
 stolen goods he disposed of to I^'lehcr Kay. In 
 Sacranuinto he perpetrated many successful lelonies. 
 But his rare luck at length deserted him. With two 
 or three companions, who had been driidving and gam- 
 bling at a certain place, Robinson started lor a saloon. 
 One of the men, Wilson, was an acquaintance of but a 
 
ATTACK ON JUDGE ^VILSON. 
 
 m 
 
 fow hours ; ho was thought to have some money upon 
 him, and as they reached some bushes in the road Rob- 
 inson and an accompUcc threw Wilson on the ground., 
 and robbed him. Robinson was soon arrested. All 
 tliis on the authority of the miscreant himself, which 
 the reader may take with whatever allowance his 
 jiKlgment dictates. Strange that in the heroics of 
 (■rime the tendency should be so marked for the vil- 
 lain to magnify his own villainies. And this was the 
 man the governor would pardon. 
 
 Henry Caulfickl, who had been prominent in the 
 Sacramento squatter riots, and Jolm McKune, a 
 Sa<Tament(> lawyer, were the personal enemies of 
 .liidge Wilson of the court of sessions. Foi- some 
 i'aiicied wrong they determined to obtain satisfaction, 
 and for that [)ur[)os(; l(jitered about th<.' court-room 
 on the morning of the IGth of June, lHr)2, until 
 adjournment. JNIcKune then accost(;d Wilson and 
 (Icniandcd his retraction of abusive language. Wilson 
 r('|)lied tliat he never retracted anything tliat lie said. 
 McKune then raised a bhulgeon that he held in his 
 hand and strucl; Wilson, wIk, rc;taliate«l by thrusting 
 his sword-cane into liis adversary's side. l)(;puty- 
 shcriif ^^cDonald then disarmed Wilson, wheieiipon 
 (Jaullield, who had l)een watching his opportunity, 
 sj)rang forward and fired at the judge. At that in- 
 stant McDonald rushed betweciu Caullield and ^\'iIson, 
 and the ball which proi>ably would have kille(l the 
 jndgt! passed through ^[clJonald's body. With blood 
 gushing from the wound, he fell u[)on Caulfield and 
 wrested the weai)on from him. The by-standers now 
 (Altered the arena, and shooting, stabbing, and striking 
 t)c(ame general. AIcKune was carried away exclaim- 
 ing. " I'm a dead man!" and Caullield was arrested and 
 ['laced on board the [)rison l)rig, there to await the 
 result of the shooting. The Vigilance Conunitteo 
 met at the Orleans Hotel. Of this meeting the 
 citizens were notified by a man going through tho 
 

 448 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 streets ringing a bell. When it was ascertained that 
 the wounds inflicted were not Hkely to prove fatal, the 
 decision of the meeting was to leave the matter in the 
 hands of the law. 
 
 
 One Conrad Sacksin, on the night of the 27tli of 
 January, 1853, was caught in the commission of an 
 act too inl'amous for record; and the description given 
 of his punishment is scarcely more fit for perusal. 
 He was taken to the hwv, tried, and convicted. The 
 question then nrose what the punishment should bo. 
 llev. O. C. Wheeler presented the case to the people 
 and put the question to vote. Some were for hang- 
 ing and others for nnitilation. At last whipping was 
 decided on, one hundred lashes to be the infliction. 
 Six respectable citizens were chosen for the execution 
 of the sentence. Then with sickening detail the 
 matter is discussed and the punishment described in 
 the account before me, which I will gladly spare the 
 reader. 
 
 These examples had a beneficial effect not only on 
 criminals but on the Sacramento courts. Justice 
 there assumed a more determined tone. An evil-doer 
 could not always buy oft' or beg off, nor could any 
 villainous lawyer for money clear him. There is no 
 limit to the slaughter of innocents if we may belic^'e 
 the martyrs to nmrder. On the open plain near 
 Sutter Fort in April of this year three men were 
 executed by the shcrifl^' for the killing, near the corner 
 of J] and Tenth streets, of one John Carrol, known 
 as J^oot-jack. Shrived by the Rev. (). C. Wheeloi-, 
 salvation they considered sure; and while in this 
 pious state of mind tliey humbly confessed that thoy 
 could not toll a lie, that tlioy did not do this murdor, 
 l)ut that it was done by a cunning child of pordition, 
 who made his escape; nevertheless they were hangod. 
 The ])o.sition hold by tlie Sacramento Connnittee of 
 Vigilance during the past two years made it incum- 
 bent on the courts to hang somebody. 
 
STOCKTON AND VIGILANCE. 
 
 440 
 
 Stockton in early times stood in the same relation 
 to the southern mines that did Sacramento to the 
 nt)rthern. To this point was shipped merchandise lor 
 the districts of San Joaquin, Stanislaus, Calaveras, 
 Tuolumne, and ^Mariposa, which was conveyed thcnee 
 hy teams; and there, as in Sacramento, congregated 
 gold-hunters and traders on their way to and I'rom 
 .sDuthern parts. 
 
 The destruction of the city by fire on the Gth of 
 May, 1851, two days after the great San Francisco 
 iirc, stirred the fury in the hearts of the inhabitants. 
 Tlie firing of Stockton, like the kindling of San Fran- 
 cisco, was the work of incendiaries. Tliere were tht-n 
 confined in the city prison certain noted characters 
 whose deliverance their associates sought to accom- 
 plish, so it was thought, by these means; but the 
 wind changing, their plans were defeated, though o^ 
 the expense of the business portion of the town. 
 
 The detection of a party of horse -thieves in the 
 vicinity of Stockton about the 1st of June led to 
 the disclosure of a brotherhood in crime extending 
 throughout all tliat region. This was the band which 
 under Joaquin ^lurieta had just begun its depreda- 
 tions, and which was soon destined to b. come the 
 terror of the country. The first one of tluui captured 
 the people prepared to hang, but after undergoing the 
 ])reliminary acts of strangulation he was spared on 
 turning informer. Some of the gang were surprised 
 at a fandango, and after being well whipped they were 
 turned over to the authorities. In court when the 
 informer was called upon the witness-stand ho refused 
 to testify against his accomplices, whereupon tlie 
 crowd made a rush upon him to complete the un- 
 linished acts of their trauedv, when a confiict with 
 the authorities ensued, in which pistols were freely 
 drawn, thousj^h no damage was done, ^reanwhile a 
 ]K't)ple's court assembled to try the keeper of the ren- 
 dezvous, who was convicted, ])lunged into the river 
 several times, and afterward stiipped, whipped severely, 
 
 Pop. Tbiu., Vol. ':. 20 
 
4N 
 
 COtJNTRY COMMITTEES OF VIGILANCE. 
 
 and ordered to leave the town within sixteen hours. 
 At his liouse were found .ill the implements of burglary 
 and murder. These tools were of the finest description, 
 such as were used by tlu most accomplished villains; 
 the men were good looking and well dressed, and their 
 assaults, the cold atrocity of their crimes, and their 
 boldness and skill, marked them as adepts long and 
 well practised in every specio!.< of rascality. Thus the 
 times were becoming ripe for a more solemn declara- 
 tion against criminals. 
 
 Nor was the sentiment by any means discouraged 
 by the newspaper press. Says the Stockton Journal: 
 
 "Without war cry, we have an enemy in our midsh whose signal is theft ! 
 murder ! fire ! If an enemy should attack us from without, all would rise 
 and repel him. The laws are good for peaceful times, but for such turmoil 
 as wo now endure stringent measures are necessary." 
 
 Another writes, the 5th of June: 
 
 " The recent detection of a band of marauders in Stockton, and the watch- 
 fulness of the people both there and in this city, gives promise that, with 
 a united efl'ort in every portion of the country infested by these scoundrels, 
 we shall soon be rid of their depredations. The sy.st'-m of rapine carried on 
 so successfully of late commenced some few montlis after the first discovery uf 
 the mines; anil it lias continued ever since in difTcrent portions of the 
 country generally with impunity. In the northern and southern mines 
 the depredations have consisted in thefts of horses and cattle. In the 
 lower ranch country, murders, plunders of houses, and robberies of stock 
 have been from time to time committed; and in tho cities the warfare 
 has been conducted in the shape of burglary, theft, and assassination. 
 The papers discovered on the persons of tlie thieves in Stockton on 
 Monday last, as well as other developments previously made, lead to 
 the belief that there has existed all along an organized gang of brigands, 
 associated in crime, and conducting their Ishmaelitish war upon society in 
 general from dilFercnt points of the country. Xo doubt exists in the public 
 mind that this association planned and carried into execution the recent con- 
 flagrations in tliis city, Stockton, and Nevada; and the various atrocitic.'^ 
 committed last summer and ascribed to the unfortunate Mexicans were unques- 
 tionably the work of this band of miscreants. There is also reason to believe 
 that it is composed of some half-breed Indians, some f !W Mexicans and Ameri- 
 cans, and the larger portion of Sydney men. That they arc well practised i!i 
 all manner of rascality is evident from the instruments they use in their 
 burglaries and thefts. Their mode of practise is pronounced by police- 
 officers to bo that of perfect adepts in tlie profession. Their assaults and 
 
THE LAW AROUSED. 
 
 451 
 
 murders exhibit likewise a cold atrocity whicii can only be acqnired by years 
 of crime. It is full time some moans were atloptcd to rid the country of this 
 organization. The commencement should be mode in this city, and tlie means 
 arc very simple. There are three or four gentlemen in this city who have u 
 thorougli acquaintance with the pcrnond and haunts of all the uotoiioua 
 thieves and burglars. A ctnnmittec of oiti/eus should be appouitod, th^sc 
 noquaintcd with them should Iks emiiloycil to point out thosi? notorious 
 characters, a vessel should be charteied and victualled, and every man kiiowii 
 to the police to l>e implicated in crime should Ite placed on Ijoard and sent out 
 of the country. Hanging would have an excellent efl'ect unquestionably, but 
 liaiiging one or two will not rid the cnnimimity of the remainder. Let a 
 general war be made on thtie scoinidrels, quietly and without bloodshed let 
 it be, but witii the distinct intimation that should they ever return they 
 will be summarily. dealt with. We believe that to send them out ot' the 
 country is tlie only efl'ectual method of getting rid of these pests, and wc 
 trust the method will be adopted." 
 
 The law being thus pricked, as well by the vi«ril- 
 auce association as by the press, James Wilson, afi(fs 
 Mountain Jim, one ot* the party just mentioned, w.is 
 convicted of liorsc-stealing bet'on; the Stockton court 
 of sessions in October and was adjudged to die. When 
 the foreman of the jury delivered the verdict, tlio 
 |)risoner, who was lolling back in his chair lookiii*^ 
 up abstractedly at the ceiling, quietly remarked, " J 
 cx})ected as much, by God!" 
 
 At a meeting held in Stockton on the 13th of 
 .lune, 1851, one hundred and seventy of those then 
 l)rcsent enrolled themselves as a Citizen Police, whiv'h 
 was preliminary to tlie organization of a committee 
 of vigilance. On this occasion the town was divided, 
 and resident watclnnen appointed for each district. 
 The municipal council was then petitioned to clothe 
 the association with authority, which being refu.sed, 
 the people determined to act without authority. 
 
 Dr McLean, a member of the Stockton Vigilance 
 Committee, in July ariested a Mexican for stealing a 
 horse, and carried the offender before the executi\e 
 committee. The officers of the law, whose wits were 
 somewhat sharper than those of their San Francisco 
 brethren, hearing of it, arrested McLean on a charge 
 
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452 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 of resisting the police. McLean's resistance was in 
 refusing to give to the law a criminal he had caught 
 at his own cost. He was forced to give bail for his 
 appearance at court in the sum of $3000, which he 
 did cheerfully and went his way. 
 
 A package of papers in the pocket of the editor of 
 the Stockton Journal prevented the ball fired from the 
 pistol of Mr Gaugh, district attornej- of San Joaquin, 
 from entering his heart. This was in October, 1851. 
 There was quite a chivalrous element in Stockton in 
 those days, at the head of which was 'he who was 
 afterward Judge Terry, of bloody memory. Mark 
 once more, the very men who most easily and natu- 
 rally broke the law when it stood in the way of their 
 bad passions were the first to denounce those who 
 broke the law when it stood in the way of principle 
 and common weal. I do not say that one should 
 never lift his hand to right a wrong or avenge an in- 
 sult; that is not the question. I only wonder that 
 those who do this should talk so much about our im- 
 maculate institutions, our sacred statutes, and our 
 holy laws. 
 
 The San Joaquin Repvhlican, the first newspaper 
 published in Stockton, was started by George Kerr 
 in 1850. Successors to Mr Kerr were Joseph Mans- 
 field and H. C. Patrick. Another of the earliest 
 Stockton papers was the Journal, at one time edited 
 by John S. Robb and at another time by John Tabor. 
 Journalists in those days, like the politicians, were 
 pugilistic in their tendencies. Positive, plain-speak- 
 ing men, they often gave offence to those whose con- 
 duct was condemnable, which was too frequently the 
 case among those who manipulated the elections or 
 wlio had the handling of ])ublic funds. Editors who 
 opposed each other in politics or public measures like- 
 wise collided. 
 
 The contest for governor in 1853 was heated, and 
 brought out the wliole str-ougth of the contending 
 
MARYSVILLE COMMITTEE. 
 
 453 
 
 candidates, John Bigler and William Waldo. The 
 Republican and the Journal warmed into personalities, 
 until Mansfield met Tabor one day and told him that 
 to assail his private character would not do. Besides 
 politics, there was trouble between these two journals 
 as to certain spoils. To secure the public printing at 
 a large price, it had been agreed that the Republican 
 should put in two bids, takmg care that both should 
 be large enough, and that the plunder obtained in 
 consequence of the absence of fair competition should 
 be divided between them. All went well until the 
 Republican refused to share the spoils with the Journal. 
 Next day after the meeting above mentioned, which 
 was the 22d of June, 1854, the editors again encoun- 
 tered each other, when Tabor without a word of 
 warning drew a pistol and shot Mansfield dead. !Mans- 
 field was a fat, good natured man, with scarcely an 
 enemy in the world, and the killing of hiui was 
 deliberate murder. And so the jury regarded it, for 
 they found against Tabor, and he was sentenced to be 
 hanged. But meanwhile John Bigler was elected 
 governor — and should he see a man strangled for zual 
 in his cause? Bj'" no means. Tabor was pardoned. 
 And the pardon was in this wise: Forty thousand 
 names asking clemency were attached to a petition; 
 but before it wont up to the governor the heading 
 was changed from mitigation to full pardon. Vigilance 
 slumbered. 
 
 Marysville stands near the junction of the Yuba 
 and Feather rivers, and was once the head of river 
 navigation in this direction, and the distributing point 
 tor the counties of Sutter, Yuba, Nevada, Sierra, and 
 Butte. 
 
 Tn cases of exile the interior committees, who as a 
 umtter of course were unable to ship their criminals 
 to foreign parts, did the best they could. If cases 
 wore chronic, and of a general character, they handed 
 them over, with the evidence, to the San Francisco 
 
 i 
 
454 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 Committee. If local, or of a milder form of the 
 scourge, the vagabonds were driven away to prey on 
 others. 
 
 All along through the summer and autumn of 1851 
 the Committee of Vigilance which had been organized 
 in Marysville did good service, and were largely in- 
 strumental in rendering the upper country inhabitable. 
 In October the association resolved that a committee 
 of ten be appointed as a standing committee, who 
 should have power to call a meeting at any time, and 
 do and perform such duties as might be thought 
 necessary for the welfare of the community. They 
 should likewise have power to adopt any rules which 
 tended to promote the efficiency of the general body, 
 and to fill any vacancies that might occur among their 
 own number. F. W. Schaeffer, J. L. McDuffic, R. 
 A. Eddy, W. W. Smith, H. Beach, L. Steinhart, 
 Charles Gleason, John G. Smith, Charles Ball, and 
 E. Woodruff were appointed such committee. 
 
 iis 
 
 I'' 
 
 i: 
 
 Vi' : 
 
 4 \l 
 
 
 Earl}' in November word was brought to Honcut 
 by two travellers that four Mexicans had been met 
 on the road a few miles from Natchez, one of whom 
 was dragging a man with a lariat, whom they probably 
 intended to murder. They were powerless to inter- 
 fere, as they Vv^cre not sufficiently armed to resist the 
 Mexicans ; when they reached Natchez they gave the 
 sauK.^ account to the authorities there. Parties from 
 Honcut and Natchez started at once to make investi- 
 gation. The Honcut party, after a little search, 
 found the body of a man, which was recognized as 
 George Mather, from Boston or vicinity, who had 
 been engaged in transporting goods to the mines. 
 This account they brought back to Natchez. The 
 others soon returned, having made a still more shock- 
 ing discovery, as they had found the bodies of two 
 men, Gardner and Jinkerson, who had left Honcut 
 rancho on foot that morning for Natchez. They 
 probabl}- had endeavored to rescue Mather from the 
 
JOAQUIN MURIETA. 
 
 455 
 
 Mexicans, and liad lost their lives in the attempt. 
 When wagons were sent out for the bodies it was 
 found that they were lying but a hundred yards apart. 
 Jinkerson had received seventeen stabs, almost any 
 of which would have proved fatal; Gardner and 
 Mather had their throats cut, and all of them had 
 marks of a lariat upon their necks, having been 
 dragged out of the road by that means. The pockets 
 of all three of the ^'^ounj? men were rifled. There had 
 been seventeen murders committed within a few days, 
 among others, several at Bidwell Bar, ten or fifteen 
 miles up the river, and the people were intent upon 
 discovering the authors of these crimes and bringinjj 
 them to justice. 
 
 In the suburbs of Marysville, at what was called 
 the Sonorian Camp, was a band of Mexicans, who were 
 strongly suspected as the guilty party. A Mexican 
 thief, captured by the Vigilance Committee a few 
 days before, had confessed to the fact that the Sono- 
 rian Camp was the retreat of many well known mur- 
 derers and robbers. On the niijht of the 12tli R. B. 
 Buchanan, sheriff of Yuba county, accompanied by 
 a posse, proceeded to the camp to make an arrest. 
 Hitching their horses a half mile distant, they ad- 
 vanced cautiously, the bright moonlight i-endering 
 their position all the more dangerous. Presently a 
 large dog came out at them, and though quickly 
 stabbed, it« bark had alarmed the camp. As the 
 sheriff's party drew nearer they saw standing by the 
 fire a Mexican, lichly attired and armed to tlie teeth, 
 peering at them through the chaparral. It Avas after- 
 ward ascertained that this man was no other than 
 the redoubtable Joaquin Murieta, here encamped with 
 his band. 
 
 Being thus discovered, the sheriff endeavored to 
 retreat; he was fired upon by the robbers, and re- 
 turned the fire. For a short time there was quite a 
 brisk enga^'ement. The sheriff then fell back, but 
 while climbing a fence was shot by Murieta and 
 
! 
 
 i M 
 
 m 
 
 456 
 
 COUNTRY COIOIITTEES OF VIGILANCE. 
 
 severely wounded. The city, already aroused, sent 
 out a large force against the robbers. The camp was 
 deserted, the Mexicans having secreted themselves in 
 the chaparral near by. The place was surrounded, 
 but in the darkness nothing could be done. Two 
 shots were fired by the Mexicans from their hiding- 
 place, when the pursuers retired, leaving a guard for 
 the night. Next day a merchant distributed arms to 
 twenty-five more men, who went to the chaparral, 
 when it was found that the night guard had deserted 
 their post, and the Mexicans had escaped. There 
 was plainly apparent a lack of something, and the 
 Marysville Vigilance Committee at once reorganized. 
 
 About the same time a vigilance committee was 
 in session at Natchez for the purpose of ferreting the 
 murderers of John B. Gardner, C. Jinkerson, and 
 George Mather, such being the names of the men 
 killed the lltli of November. Eight hundred dollars 
 reward was offered by the citizens for their capture. 
 The committee arrested several suspicious characters, 
 but accomplished little directly. 
 
 The same week six men were murdered near Grass 
 Valley. A vigilance committee was at once oi-gan- 
 ized, armed, and mounted, with E. B. Lundy as leader. 
 An organization of the same kind was also formed in 
 Opliir. 
 
 In July, 1852, three several attempts were made to 
 fire the city of Marysville, in consequence of which 
 the Vigilance Committee assembled and instituted 
 such diligent search for the felons that for a time 
 quiet reigned. This organization and its successors 
 continued for many years, for as late as 1858 we find 
 that through the influence or agency of the Marys- 
 ville Committee of Vigilance, on the 8th of January 
 the captain of the police, by order of the city marshal, 
 was enabled to escort to the steamboat landing five 
 desperadoes, some of them notorious, others strongly 
 suspected of crime. The captives were then com- 
 pelled to pay their fare and depart down the river. 
 
MAD MULE CAffON. 
 
 457 
 
 Twenty lashes were given one Mercer by the Shasta 
 Vigilance Committee the 19th of September, 1851, 
 which work was the result of an investigation made 
 by them in the matter of a theft committed at the 
 St Charles Hotel the night before. It appears that 
 Pat Sullivan had given his purse to Mercer to weigh 
 from it an ounce of gold dust. Mercer stepped to the 
 counter for this purpose, and when he returned to 
 where Sullivan was sitting, as he appeared in no 
 haste to give back the purse, Sullivan demanded it of 
 him. Mercer gave it him, but it was lighter by more 
 than an ounce than before. Said Sullivan: "You 
 have taken my money." Mercer was searched, and 
 six ounces in loose gold dust found in his pocket. 
 Thereupon the Vigilance Committee whipped him; 
 for of such were their chastisements. 
 
 There was a place called Mad Mule Canon, in the 
 Shasta district, which name was a libel on the species 
 asinus beside the doings of men in that locahty. One 
 day a man, made insane by his thirst for gold, mur- 
 dered his keeper and took from his belt a thousand 
 dollars in gold dust. He then attacked another and 
 cut him fearfully before he could be secured. To the 
 credit of the miners be it said that to comrades so 
 afflicted — and the cases were numerous — theymani- 
 iestud the utmost leniency, and treated them with 
 evory kindness, watching them with patient self-denial 
 night and day lest they should injure themselves or 
 others. The offenders met their just i'ato. But why 
 name a canon from a mad mule when there were so 
 many mad men about? 
 
 A Missourian named Holt, having made a little 
 fortune in the mines at Woaverville, was about readv 
 to start for home. While making the necessary prepa- 
 rations he was murdered a short distance from town. 
 Suspicion fell upon a man named Michael Grant, who 
 was arrested by the sheriff. The miners seized the 
 prisoner, and appointed from their numbers those to 
 act as judge, prosecuting attorney, and prisoner's 
 
458 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 iJi 
 
 counsel. The trial was fairly conducted, responsible 
 witnesses examined, and Grant was sentenced to be 
 hanged. At his earnest request ten days were al- 
 lowed him to arrange his business, and to prepare for 
 death ; ho protested his innocence, and said that they 
 would yet discover the guilty person. He received 
 the ministrations of a Catholic clergyman, who was 
 with him at the time of his death, October 5, 1852, 
 when he was executed in the presence of a large con- 
 course of people at Weaverville. 
 
 The Chico Courant thus prays for a vigilance com- 
 mittee in September, 18G6: 
 
 "Robberies and murdcra are getting to be overy-day occurrences in this 
 state — altogether too frequent for the good health of the community. The 
 fact is, as much aa we arc inclined to ' law and order,' we have about arrived 
 at the conclusion that 'law and order' is too slow a coach for these r;isc;ds. 
 Wo recommend that the people of the state form themselves into a huge 
 vigilance committee and take the matter of wiping out these villains into their 
 own hands. Wholesome killing on a general plan is what is needed." 
 
 In 1853 there was in Eureka a small unpainted 
 house, occupied by a Jew as a clothing and shoe store. 
 The Jew was a large man of forty, who lived with a 
 nephew of seventeen, his only companion. After 
 several years of successful business the Jew sold 
 everything and prepared to remove from the place. 
 He was known as indefatigable in business and 
 close in his expenditures, and it was generally con- 
 ceded that he must have realized considerable money. 
 This probability tempted three burglars, McDonald, 
 Canosky, and another, to enter his store the night 
 previous to his intended departure, murder the Jew 
 and his nephew, and secure the money. An hour or 
 two later a young man in Duff and Company's mill, 
 going through the hall on the way to his room, 
 stumbled over what at first he supposed a bag of 
 shot, but on examination proved to be gold. There 
 was a light in the next room, McDonald's, and he 
 hurriedly entered to show his treasure and ask Mc- 
 
 i 
 
THE NORTHEBN SEABOARD. 
 
 400 
 
 Donald what ho supposed it meant. McDonald le- 
 plied, "We've robbed the old Jew, and I must have 
 (hopped one of his bags in the hall; give it to me." 
 This led to further questioning and a divulgciicc of 
 the trutli, that the Jew had not only been robbed but 
 killed. McDonald then acted like a man bereft of his 
 senses. He eagerly told the story how Canosky, liini- 
 self, and another accomplice entered the store at mid- 
 nitjht. The Jew sat at a table writinsf, with his back 
 to them, and the nephew was sleeping in another 
 room. With a hatchet both the man and the boy 
 were killed; then taking their gold a distribution was 
 made, and each man returned to his own home with 
 his treasure. The story McDonald told was repeated 
 to the authorities, and two of the murderers arrested; 
 and as there was no jail in Eureka at this time they 
 were placed in a wooden building under guard. 
 
 There was no violent demonstration by the people, 
 but they acted according to their custom in such cases. 
 They met and deliberated. The third villain was still 
 iit large, and their first effort must be to find him. 
 Accordingly they invited everyljody from all the 
 neighboring country to meet with them at a desig- 
 nated time. Then they adopted this novel expedient : 
 They placed the murderers in a position where the 
 <;rowd should pass them singly, and if they saw their 
 accomplice they should indicate which he was. Many 
 an innocent person paled as he passed under their scru- 
 tiny, for should he be pointed out, to gratify a desire 
 ibr revenge or from any other motive, he was a doomed 
 man. Their confederate, however, was not among the 
 number, or at all events was not designated by the 
 prisoners, nor was he ever found. Immediately after 
 ward McDonald and Canosky were taken to a tal 
 }jine tree, where a crowd gathered and witnessed theii 
 execution. And the waves still sound their requien 
 en the beach where they were buried. 
 
 Early in July, 1851, a vigilance committee wai 
 formed at Nevada City, California. The attempted 
 
 ■4 
 
 ■Mi 
 
460 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 
 M 
 
 }; ■ il 
 'i 
 
 J; 
 
 ill 
 
 
 
 robbery of F, A. Houghton while on the way from 
 Grass Valley to Buena Vista Ranch, together with 
 other obnoxious doings, stimulated the action of the; 
 people. No part of the country was then safe apart 
 from popular measures offensive to crime. 
 
 To show the aim of the San Francisco Committoc^ 
 in its intercourse with the interior, and the influenct; 
 which must necessarily have followed from it, I give 
 the following letter: 
 
 "San Francisco, July 28, 1851. 
 "To the Committee of Vigilance, Nevada City: 
 
 "Gentlemen: — In the name of the executive committee of the Commit- 
 tee of Vigilance of San Francisco, and at the request of your friends, I en- 
 close you a copy of our constitution. So far we have acted under it witli 
 .success in punishing crime and bringing those in authority to a sense of their 
 duty. Our great aim, gentlemen, is to remove corruption from high places, 
 to advance the safety and interest of our adopted state, to establish justic(! 
 and virtue, without which our fall and ruin would be certain. To secure ia 
 the future the great objects we have in view it would be well to look into tlir 
 character aijd principles of those whom we would elevate to office, to drag 
 out into light those who may be in office and guilty of corruption, who by 
 their acts have produced so nmch evil. It is an old and popular doctrine, that 
 it nay be necessary to sacrifice the government to the people, but never tin.' 
 people to the government. That your course may be marked with prudeueu 
 and justice, may God grant. Do not permit vindictiveness to enter into your 
 deliberations. Be calm and determined ; swerve not to the right nor to tlio 
 left, but go onward in your pursuit of right. Be of one mind, and carry your 
 point. The might, majesty, and power of the people can overcome all im- 
 pending evils ; like the thunders of heaven it will shake to naught all cor 
 rupti ve influences, and drive its fiuthors into obli\'ion. Let the motto of oui' 
 father's be ours to sustain and perpetuate — Virtue, Liberty. Let us show 
 ourselves worthy of our origin, determined to sustain and support the blesseJ 
 privileges bequeathed by them to us. The moment we render up one tittle i.t 
 the sacred constitution under which we were bom, and which cost so much to 
 obtain, and permit a small and corrupt minority to prescribe, we lose oiii- 
 caste, and our boasted institution will become the laughing-stock of tlu' 
 world. I have much confidence in the virtue and integrity of our brotlicis 
 of the interior, that they will do what is right, and that in time. The blesstil 
 influences once enjoyed by them and us at our Atlantic homes may be ftlt 
 iind enjoyed throughout our Pacific homes, humbly trusting that the day is 
 not far distant when we may pass from the nortli to the south, from the e:ist 
 to the west of our western possessions without fear or danger, and behold in 
 every man a brother. CaiTy with us, brethren, the holy objects we have in 
 view, and rest assui-ed that erelong the mountains of the Sierra Nevada and 
 the valleys will I'^'come redolent with charms which will so much cudeai 
 
PAYRAN SOARS ALOFT. 
 
 401 
 
 from 
 with 
 
 )f till! 
 
 apart 
 
 iiitteft 
 luencu 
 I give 
 
 ;, 1851. 
 
 I Cominit- 
 nds, I eii- 
 er it with 
 je of their 
 g\\ placfs, 
 sh justi('(^ 
 secure in 
 )k into till' 
 ce, to diai^ 
 in, who by 
 itriiie, that 
 never tin 
 prucleiiee 
 Ir into your 
 Inor to til'' 
 I carry your 
 (no all iui- 
 ht all cor 
 itto of our 
 It us show 
 [he blessLil 
 ,e tittle ot 
 lo much to 
 lose our 
 ick of tho 
 broth*.: i> 
 le blessid 
 [ay be ftll 
 ;he day i^ 
 the eiist 
 [behold in 
 have iu 
 [vada iiiiil 
 h eudcar 
 
 them to us that we will not separate or leave them until wo shall bo called to 
 mingle our clay with that of our loved and atloptcd country. 
 
 "With deep consideration of respect and cstocm, gentlemen, in the name 
 (if my colleagues I subscribe myself, 
 
 "Your obedient servant, 
 
 "S. J. Pa\ti.vn, 
 "President Executive Committee," 
 
 Near Grass Valley in May, 1857, on a hill who^e 
 side toward the setting sun was sprinkled Vviih log 
 cabins and shingle shanties, in a pine forest where the 
 .stumps of felled trees marked the progress of civiliza- 
 tion, a band of rough, bushy-headed men, in felt hats, 
 flannel shirts, and long boots, were gathered in council. 
 After appointing by acclamation one to preside, a 
 speaker mounted a stump to explain the object of the 
 meeting: "Certain men charged with having stolen 
 a bag of gold dust from a store in their town are now 
 iu the custody of the sheriff and are about to be com- 
 mitted to the Marysville prison for trial." A derisive 
 laugh by the listeners, subsiding into a growl, folio \ved 
 this remark. "Shall men suspected of crime be per- 
 mitted to slip from our fingers and gain their liberty 
 through process of law?" Those present manifested 
 their dissent. " Then let a committee be appointed to 
 move in the matter; let one of their number act as 
 sheriff, who with a chosen posse shall bring these 
 ])risoners before us." 
 
 This was done. The committee was appointed by 
 the president, who on these occasions can carry the 
 company about where he chooses; a massive, sym- 
 metrical figure, with broad brow and intelligent eye, 
 a splendid specimen of a man — an American miner, 
 iit for an American senator — stepped forth in answer 
 to his name and immediately started on his mission. 
 
 The people's sheriff confronts the law's sheriff and 
 demands the men. The law's sheriff resists as in 
 duty bound; indeed he mildly blusters, whereat the 
 people's sheriff smiles and likes him none the less for 
 that. With the prisoners the people's sheriff reports 
 
 i 
 
 
 
COUNTRY COMMITTEES OF VIOILiVNCE. 
 
 ■'^t 
 
 that tlic authorities opposing liim were finally over- 
 come by su[)erior numbers; and all present inwardly 
 declare the authorities good I'ellows, who know so well 
 how gently to oppose the people's will, and then and 
 there resolve that they shall be reelected. 
 
 A space is now cleared and the prisoners arc seated 
 on the ground in the ring thus made, vith thoir cap- 
 tors still standing over them. A court is formed, thr 
 president of the meeting acting as chief judge, and 
 the committee before mentioned as a jury. Counsel 
 arc nominated lor either side, who are paid by vohm- 
 tary contributions one hundred dollars each for their 
 services. There are present officers of the law, who 
 enter their protest, which is as idle wind, and seat 
 themselves and socially enjoy the occasion as uiiin 
 terested spectators. An old man rises, and with gray 
 head uncovered plainly tells the people they are doiiii^ 
 wrong. The speaker is listened to respectfully, almost 
 reverently, and then the work goes on. 
 
 Witnesses for and against the prisoners arc brought 
 forward. The trial lasts two days ; the prisoners ai'c 
 found guilty. Then one of them rises from tlu; 
 groiuid and confesses tlio crime. Having lost his last, 
 dollar at the monte table, he says, he drank to drown 
 thought; and while intoxicated that man — pointing 
 to one of his fellows still lyin*. in the ground — tempte( I 
 him to rob the trader's box. Tliis the other stoutly 
 denies; but when the sentence is fixed at thirty-nine 
 lashes he offers to discover to them the money if they 
 will remit the sentence. Part of the punishment the 
 jury will remit on the conditions named, but not the 
 whole of it; and so a compromise is eflfected. 
 
 It rains next morning, and the wind blows cold for 
 spring; yet the people's burly big-brained sheriff leads 
 out the prisoners, strips them to the waist, tics them 
 to a tree, scourges them, then casts them loose. 
 Fainting they fall to the ground, curled by the whip- 
 ping, sick, and moaning. They were tender thieves, 
 or else the blows were exceptionally heavy. One, 
 
 i I 
 
TRUCKEE AND VICINITY. 
 
 4G3 
 
 who had neglected to negotiate a mitigation of liis 
 ])enalty, dies. The others crawl away, no one knows 
 wliither. 
 
 In every Californian town not having died a natural 
 (Iwitli there are always a score or two of stinliig 
 Imsiness men of moral worth and substance. These 
 are the nuclei of country committees of vigihuice. 
 These best men are usually supported by a loss influ- 
 ential elass, but five or ten of the kind lirst mentioned 
 are the life of every movement. 
 
 Truckee in 1873 was one of the li^•eliL^st towns in 
 California. The new overland railway brought i » it 
 money, merchandise, and activity; but it also brought 
 the bad element common to new prosperous I'^calitics. 
 The sjfood men were thinking seriously of 1 acliuL'' to 
 drive out the bad when a strange incident occtu'ud 
 which rel' ■ ■ \ the town on the distant of tw^ of its 
 worst characters. Jack White and Andy Futlgett 
 hud quarrelled. Meeting one day upon the street 
 each emptied the chambers of his navy revolver into 
 th(j body of the other. Both died. 
 
 This spontaneous combustion of crime was a happy 
 circumstance and a wholesome warning. For a time 
 peace reigned at Truckee. But by November, 1874, 
 villainy became unbearable, and the substantial citi- 
 zens felt obliged to resolve themselves into a Com- 
 uiittee of Vigilance. This they did, with 'GOl' as 
 their sanguinary symbol. Orders to leave were issued 
 and for the most part obeyed. Two, however, a man 
 and a woman. Bob jNIellon and Carrie Prior, «//a.s' 
 S[)iing Chicken, refused to quit the town. Mellon 
 used to boast of having fought a duel in San Fran- 
 cisco with bowie-knives, Spanish fashion, the left arms 
 of the combatants being bound together. The fair 
 Carrie's hand was not unstained with human blood, 
 and many men had been foolish enough to cut and 
 shoot each other for her vile sake. P ">b and Carrie 
 must be made to go; so ore day orders were issued 
 
404 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 ■i : 
 
 i: J 
 
 for the vigilanio to meet at midnight. Foremost 
 in energy and respectabiHty among the citizens of 
 Truekee was D. B. Frink, a prominent member of the 
 Committee. Writing C. F. McGlashen on that day 
 he says : " The vigilants have business on their 
 hands to-night. If resistance is offered, blood may be 
 shed." It was understood that the work in hand was 
 serious. 
 
 Masked in black cloth, covering head, shoulders, 
 and breast, with coats turned inside out, the small 
 men padded to look large, and the large men, con- 
 tracting their breath and stature so as to appear 
 diminutive, the society of 601 met in the principal 
 hall. They were well armed with concealed knives, 
 pistols, and quiet determination. Carrie felt the 
 approaching affray instinctively. She said they might 
 come on, that in Hayward's house, a place of bad 
 repute situated on a back street, would be forty armed 
 men to protect her. Mellon swore he would not bo 
 taken alive, and that he could kill at least a dozen 
 vigilants before they could kill him. 
 
 When all was ready, silently the masked men left 
 the hall, passed through a saloon, and surrounded 
 Hayward's house. Four took their station at the 
 back door. Thirty entered the front door, and de- 
 manded of Hayward the surrender of the house. Xo 
 opposition was made. Two or three drunken strag- 
 glers found in the bar-room were permitted to go 
 their winding way. Hayward was then ordered to 
 
 • open the door to every room. Closely at his heels 
 followed the masked party. After examining the first 
 
 ' floor they all proceeded through a narroAv hall to tlio 
 stairway, Hayward being in front carrjnng a liglit. 
 The threats of Carrie and Mellon had led the party 
 to expect a certain attack, and their nerves were now 
 stretched to their utmost tension. 
 
 Suddenly through a brc ken panel of the back door, 
 wliich opened into the hall, a pistol was thrust, 
 whose glittering barrel covered the wJiole line of 
 
 I: f 
 
MOKELUMNE HILL. 
 
 463 
 
 most 
 iS of 
 f the 
 b day 
 their 
 ay be 
 1 was 
 
 ilders, 
 
 small 
 1, con- 
 ippear 
 incipal 
 inives, 
 It the 
 • might 
 of bad 
 
 armed 
 
 not be 
 dozen 
 
 len left 
 
 lounded 
 
 at the 
 
 ind do- 
 
 e. No 
 strag- 
 to go 
 ired to 
 Is heels 
 he first 
 to the 
 light. 
 : party 
 L-e now 
 
 door, 
 thrust , 
 line of 
 
 vigilants. It was black darkness without, and as the 
 vigilants were momentarily expecting attack there 
 was no time to be lost ; so that almost simultaneously 
 with the appearance of the pistol-barrel shots were 
 tired from behind. Hayward and one of the men at 
 the back door fell dead. The search was continued; 
 the town was cleared of its bad charactei's; but the 
 result of the night's work sent a thrill of horror 
 through the community, never to be forgotten, when 
 it was learned next morning that it was the honored 
 and beloved Frink who was thus unintentionally killed 
 by one of his own comrades. 
 
 At Mokelumne Hill when on the night of Jul}^ 3, 
 1851, John Nelson entered the house of one Hall and 
 shot him. The principle of vigilance was there, the 
 law assisting, though the miners faintly comprehended 
 the meanino- of the term or its true sio-nificanco. 
 However, all believing it desirable and right, the 
 legal judge and the miners en masse constituted the 
 Lcjurt, and at the close of the trial the judge did not 
 scruple to ask of the crowd its verdict. About that 
 time a case occurred at Yreka where a mob of miners 
 jittempted to take a sheriff's dcput}' from the jaiL 
 I'lie citizens arose, armed themselves, and entered and 
 ilei'ouded the prison. 
 
 ()u the streets of Mokelumne Hill a fatal assault 
 was made the following Christmas. A man named 
 Jaines Campbell mounted a mule belonging to a 
 Chilean, and was riding off, when a friend of its 
 owner, one Naides, stopped him and remonstrated 
 ill a quiet way, receiving in answer a blow from 
 the bully, quickly followed by a knife-thrust in th(3 
 Chilean's side, which caused immediate death, but 
 not, however, until he had thrown his knife at Cam[t- 
 boll, which, passing through the air a distance of ten 
 yards, stuck in the wall of the Empire House. Camp- 
 bell took refuge in a miner's cabin, but was pursued 
 by Chileans, who fired several shots, wounding a 
 
 Top. TiUB., Vol. I. 30 
 
 i 
 
 A" 
 
466 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 III 
 
 * i- 
 
 ■4 f 
 
 iiuinbcr of by-staudcrs The crowd arrested Camp- 
 boll, gave him a hurried trial, and pronounced him 
 guilty of murder; but by a vote of the crowd he was 
 to be delivered to the civil authorities. As the guard 
 was about "'.-^ remove him to the custody of the offi- 
 cers, another motion was made, this time to liberate 
 him, and he was released. He was afterward arrestutl 
 by the authorities, but escaped, when the people in 
 tlicir indiixnation formed a viijilance committee, de- 
 tormined to see justice done. 
 
 This Committee on the 30th of March, 1852, caught 
 a Mexican cutting oj^en tents and stealing gold dust, 
 and thus arcfued: If handed over to the authorities 
 lie might, perhaps, be committed to the Jackson jail, 
 where if he remained twenty-four hours it would be 
 because he liked the accommodations and had no fear 
 of being convicted; if whipped and turned loose, it 
 was known from his previous bad character and vicious 
 })rf)ponsities that he would again resort to the same 
 course; it was known that he had served several 
 months in the chain-ffano; at San Francisco ; if hanj^cd, 
 there would be one thief the less, and an awful warn- 
 ing thus given to others guilty of like offences. So 
 sentence of death was passed upon the man. Carlos 
 I']slaves, for such was his name, received information 
 <).' these proceedings with the utmost indifference. 
 ,l>eing told that his execution would not take place 
 until the following day, he requested a good bed, some 
 good brandy, a good breakfast, and a priest, all of 
 which were given him. The hour arrived, he lit a 
 cigar, marched quietly to the place of execution, coolly 
 talked with the people, confessed his crimes, and was 
 launched into eternity. Within a month thereafter 
 a murderer was executed by the same Committee. 
 
 A man arrested for murder in June, 1852, was ex- 
 amined by the justice at Jackson and committed foi' 
 trial at the next term of the district court. Tlu; 
 Vigilance Committee had offered .^300 for his ap- 
 jtrehension, and having secured his arrest they wer(^ 
 
MARIPOSA AXI) SOXORA. 
 
 487 
 
 willing' the law should take its course, meanwhile 
 keeping' a sharp eye upon it that it should not be 
 subverted. This did not satisfy certain of the people, 
 who took the prisoner from jail and hanged him. 
 This is a fair illustration of the difference between 
 a vijjilance committee and a mob. Here in this 
 town of Jackson were three several antaaconistic 
 powers laboring to secure the same end — a I'egulaily 
 constituted court of justice, a regularly organized 
 committee (^f vigilance, and a passionate, revengeful, 
 irresponsible mob. The Vigilance Committee of 
 ^lokelumne Hill, after having from an imperative 
 sense of duty executed one criminal, and seeing the 
 officers of the law sternly determined to do their duty, 
 reorganized for the sole purpose of assisting legally 
 constituted tribunals in the administration of justice. 
 
 A vigilance committee '/as foi'iied at IMariposa 
 after the funeral of an old man had taken place wlioso 
 violent death in March, 185-1, had been caused by 
 Thomas Cowan, a gambler. The Committee was com- 
 posed of fifty of the most respected citizens, who de- 
 termined that the prisoner should have justice shown 
 him. A mob collected and protested that they would 
 break the jail and hang Cowan; but the Vigilance 
 Committee remonstrated and promised that the right 
 should be maintained. A special grand jury found a 
 true bill against Cowan, and the Committee remained 
 in session until the close of the trial. 
 
 The Sonora Vigilance Committee was composed of 
 as good a set of fellows as ever strangled horse-thief 
 They were diligent in search and terril)le in sentences, 
 though somewhat mild in their executions. Drink, it 
 is said, brings to the surface the natural qualities of 
 the man. It intensifies momentary feeling likewise. 
 The mild it mellows and the vindictive it makes makes 
 more hateful. As few country connnittees of vigil- 
 auce long managed their business with parched throats. 
 
 m 
 
468 
 
 COUNTRY COMMITTEES OF VIGIL^iXCE. 
 
 we may infer that the bark of the Sonora Committee 
 was sometimes worse than its bite. 
 
 Of its Vigilance Committee the Sonora Herald of 
 July, 1851, thus speaks: 
 
 "Investigations of the most important character have been made, and 
 could we tell the good people of this community all that we have learned 
 tliey would approve even more heartily than now of the organization. It ia 
 just what the necessities of the case require. Rascals having been driven by 
 scores out of San Francisco, have taken refuge hero in the mountains, nnd 
 were there no vigilance connnittees to telegraph to each other and dcscril le 
 the outlaws they would commit a thousand depredations before our rcguhir 
 citizens M'ould know anything about their character. They arc now, however, 
 under the special observation of an argus-eyed police, so numerous and so 
 admirably organized that more criminals can bo detected in a week than by 
 the ordinary officers of the law in a month. It is gratifying to know that the 
 whole eonnnunity have the fullest confidenoo in this Committee. Indeed we 
 kno«' not how it could be otherwise. Composed as it is of the most orderly, 
 moral, and intelligent citizens in the place, not a few in number, but nearly 
 the entile body, nu ii against whom no one has ever dared to whisper a re- 
 proach, wlio have been marked by deeds of charity and mercy, and not by 
 bloody acts of so-called heroism, every one feels and knows that such a bculy 
 of men will do only what is right, Tlicy are cool and determined, and imittd 
 as one man. The good of society and the paramount law of self-preservation 
 have determined the path of duty, and they are men who never flinch \\ heie 
 duty calls tliLiU to act." 
 
 So busy were the Sonora Vin'ilance Committee f >/ 
 a season that their whipped an J banished averajje;' 
 one a day. They had a. brand made by a blacksmith, 
 H. T., which they burned into the llesli of the hip or 
 cheek, accordinn' to the heinousncss of the olfenci . 
 Beside brandinL;', the Sonora Committee seemed t'> 
 possess a iancv for shavinij heads or half heads. The\ 
 had a bad element to deal with. On the 15th of 
 Jidy a ^Mexican was tried before them for stealinL;' 
 a horse. Most committees would have hansfed him 
 instantly. The man was large, muscular, and capable 
 of much endurance; an ordinary whipping would be 
 no more to him than the switching of a big boy by 
 the school-mistress. The Committee thought it no 
 more than right for them to give according to the 
 prisoner's ability to receive. A hundred and fifty 
 
SEVERITY AND MODERATION. 
 
 lashes and H. T. to be branded on the cheek was the 
 verdict. The sentence, though thcv thousrht it severe, 
 seemed necessary. At all events they might so far 
 favor the culprit as to administer it in homoeopathic 
 doses. So at the expiration of every twenty- five 
 blows they permitted the recipient to rest; and finally, 
 on his promising to quit the country, they remitted 
 the branding. At another time, after administering 
 one hundred and fifty lashes each to three lujrse- 
 thieves and then shaving their heads, they collected 
 a purse for them, that they might be delivered from 
 temptation. 
 
 On the 16th of September the Committee tried 
 and convicted a Sydney convict for Iiorse-stealing. 
 The condemned was sentenced to receive on the 
 bare back one hundred lashes and to have one half 
 of the head shaved. The tender-hearted miners, 
 however, paused at the seventy-fifth blow and let 
 the suiferer loose. Shortlv before the Connnittee in- 
 llicted sevontv-five lashes and shaved tlie head of a 
 ^Mexican for stealing a six-shooter. 
 
 The Sonora Herald about this time, speaking 
 of the arrests by this tribunal and the punishment of 
 hishing, says: 
 
 ' ' Wc believe these arc the first cases before the Committee for a loug 
 time; not that the dimiimtion of crime is so great but tluit the courts 
 under the new criminal organization are fast superseding the want of a 
 \ igilance association. Rogues arc now brought up and meet with speedy 
 trials; justice is no longer tardy in its operations. Wo hope, now that this 
 d'sirable change in the administration ''f law has been brought about, that 
 the Committee will act as an adjunct to the authorities in the detection of 
 crime, and h i. ,>ver all cases to the courts for i)unishment. " 
 
 At Tim's Garden, one mile from Columbia, in 
 October, an honest old miner named Crowning was 
 robbed of hard-earned gold dust to the amount 
 «>f $600. He had left it in the pocket of a coat 
 wiiich he had thrown down beside his claim when he 
 wont to work in the morning, and at noon on look- 
 ing for his coat it was missing. Suspicion fell on one 
 
470 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 i->. 
 
 W. E. Conklinif, who had boon soon hoveriiif; about 
 the spot during the forenoon. Search was made, and 
 the man found at a niontc table with some of the 
 dust still in his possession. Ho was only speculating 
 with the funds of another, and would have i)aid it 
 back if successful. Ho was tried by the Vigilance 
 Committee of the place and given seventy-five lashes. 
 Very moderate for Columbia in the year 1851. 
 
 In the summer of 1858 the town of Visalia stood 
 upon the frontier, somewhat remote from the more 
 settled portions of California. Population was sparse, 
 the courts poorly organized, and the groator part of 
 the inhabitants wild and lawless. Some of tliem were 
 followers of the Mormon prophet; others were emi- 
 grants from the confines of civilization. There was 
 not a jail in Tulare county. A rough shanty in an 
 oak opening constituted the court-house. In the 
 centre of the shanty, whose floor was the solid 
 earth, was the stump of a large oak tree, to which 
 was attached a ring-bolt. TJiis stump and ring- 
 bolt was the county prison; for to it felons were 
 chained and a guard placed over them. On the 2~th 
 of July Sherifi' Poindexter arrested one William C. 
 Deput}', called by some a bad character, on complaint 
 of his nephew, J. D. Stapleford, who alleged that 
 Deputy had defraudetl him of lands and moneys 
 amounting to the value of $30,000 or $40,000. Tlu' 
 sheriff placed Deputy in the jail and chained him 
 to the stump, a treatment imposed upon all prisoners 
 charged with a state prison offence. Deputy was an 
 old man, and because he was a Mormon all the more 
 people called him an unprincipled villain, and he was 
 shunned and detested in the community. They said 
 he held in his possession at the time of his arrest, as 
 a confidential trust, property belonging to his nephe\\ , 
 Stapleford, which he now persistently refused to recon 
 vey. A lawyer was employed to compel the man to 
 disgorge the funds, but Deputy had concealed his 
 
 i-i 
 
A DISGRACEFUL BUSIXESS. 
 
 471 
 
 tracks with such skill as to defy detection and defeat 
 legal proceedings. Stapleford was duped; the law- 
 could not help him to obtain restitution; nothing 
 would avail but to compel the man to sign over his 
 ill-gotten gains. He stated his grievances to his 
 friends, and enlisted the sympathy of the community. 
 They k;iew of but one way to adjust the difficulty, 
 and in the thinly settled frontier counties it was 
 a method frequently employed. They would form a 
 vigilance committee, and would compel the old man 
 to sign the papers. They believed Stapleford to be 
 right, and they would help him to that justice which 
 the law could not give; and yet had not Deputy l»een 
 a Mormon I doubt if such liigh-handed proceeihngs 
 would have been popular in a matter of property only. 
 Nevertheless the so-called Vigilance Committee were 
 impatient for the night, ju'ocUictive, as they antici- 
 [)ated, of a triumph of justice and right. To accom- 
 plish their })urpose the best citizens sometimes united 
 with the worst. ^len of intelligence and probity 
 were not unfrequently overawed and kept in circum- 
 scription by the turbulent and irresistible element 
 which so largely predominated in Visalia. But now 
 their cause was made a common one, and there was 
 not a single individual who opposed the plan made 
 known to the assembled crowd that <;athered and dv- 
 termined upon action. That night between eleven 
 and twelve o'clock they marched to tlie court-house, 
 where they found Deputy guarded by two armed men, 
 who presented but a slight obst.ielo to tlie pursuance 
 of their object. They entered the room, took Deputy 
 from the bench upon which he was lying, and led him 
 out to the northern section of the town, where lie was 
 placed beneath a tree, from which a rope was already 
 swinging. The rope was then adjusted about his neck, 
 and he was informed that his life would be forfeited 
 unless he complied with their demands in regard to 
 Stapleford's property. This he refused to do. Two 
 or three times he was swung in the air and lowered, 
 
 I'M 
 
472 
 
 COUNTRY CO\DnTTEES OF VIGILANCE. 
 
 M 
 
 until finally he promised to do what was required, 
 provided that he should be released from custody and 
 from the charge of felony then pending against him. 
 This was granted, when he made full confession, 
 promised restitution, and gave account of what he held. 
 He was then taken back to the room and again chained, 
 to await until morning the appearance of the lawyer.s. 
 The sheriff then placed a strong armed force about 
 the prison to prevent furtlier violence, and remained 
 with Deputy throughout the following day. The next 
 morning a notary was summoned, who drew up a deed, 
 and asked Deputy if he cheerfully and willingly would 
 sign the paper. There were several persons present 
 who witnessed the proceedings, among others one 
 Douglass, a lawy -r called a man of rectitude. He 
 talked with Deputy in a friendly way, advising him 
 to sign the paper, which he did, and whicli Douglass 
 attested. The acknowled<?ment was then taken bv 
 the notarv, and his seal affixed. Not the slischtest 
 coercion was used, it was claimed, the old man readily 
 assenting to whatever was required. Deputy was 
 then released, and all charges made against him with- 
 drawn. Immediately upon his release Deputy went 
 to San Bernardino, and there appealed to the courts, 
 endeavoring to be reinstated in possession, but was 
 unsuccessful in his application. 
 
 The Ku Klux Klan organization, which achieved 
 such prominence in the southern states, seems to have 
 occasionally cropped out on the Pacific coast. On thr 
 25th of August, 1868, the body of B. S. Templeton 
 of Visalia was found hanging from a tree on the banks 
 of the Tule River, about thirty miles from his home. 
 The hanging was charged to the Ku Klux Klan. At 
 the same time mention is made of depredations caused 
 by a band under this name in Sam Valley, Jackson 
 county, Oregon. Their operations seemed confined 
 to poisoning cows, horses, and other live-stock, and to 
 warning one or two citizens. 
 
VISALIA AND BAKERSFIELD. 
 
 473 
 
 To cut short the trickeries of law by means of 
 which the brothers Tlionias and WilHam Yoakum liacl 
 escaped punishment for one murder, and seemed b}- 
 new trials, change of venue, and other court diver- 
 tisemcnts about to clear themselves from unotlnir, 
 seventy -five of the people of Bakersfield — some say 
 forty — on the 28t]i of May, 1878, forced open the jail 
 door, covered the officers with their guns, entered the 
 cells of the Yoakunis, and hanged them there. There 
 was much shooting in this affair, one of the jirisoners 
 receiving five balls before he was hanged, and several 
 of the vigilants were wounded, unintentionally, by 
 their associates. Though chained to the bottom of 
 their cells, the Yoakums fought desperately before 
 yielding. Two men, William Johnson and Hamilton 
 .1, Tucker, had Leen their victims, killed more tlian a 
 month previous on account of a quarrel growing out 
 of mining matters. 
 
 On the 24th of December, 1872, Charles Allen, 
 proprietor of a saloon in Visalia, was shot by on(,' 
 James McCrory, between whom and himself an in- 
 timate friendship had apparently existed, Allen having 
 shown McCrory every kindness, even to giving liim 
 8100 a few hours previous to his death. There was 
 not the slightest provocation for the murder. Allen 
 asked McCrory what he and another man were quar- 
 relling about, when McCrory replied, " I would just 
 as soon shoot you as anybody else!" and immediate^ 
 l(j\-elled at him the revolvers which he lield in each 
 hand. Allen implored him, " For God's sake, don't 
 slioot me! i . i unarmed!" but McCroiy fired several 
 shots, until assured of his victim's death. McCrory 
 was arrested by the sheriff and lodged in jail. He 
 was a desperate character, and although u[ton several 
 trials for murder convincing proof had been presented, 
 lio had always been acquitted. The people were now 
 unwilling to trust again to the law, and on the fol- 
 lowing morning the Vigilance Committee entered the 
 jail and forced McCrory to his place of execution, a 
 
 m 
 
 \ni 
 
 m 
 
474 
 
 COUXTRY COMmXTEES OF VIGILANCE. 
 
 bridge in the vicinity. Before the crowd dis})crsed a 
 collection was made to defray the expenses of the 
 burial. During the winter of 1873-4 a new Vigilance 
 Connuittec was orwinized at Visalia for Tulare and 
 adjoining counties. Owing to the watchfulness exer- 
 cised by the inhabitants of the coast counties, liordes 
 of highwaymen, horse-thieves, and cutthroats, were 
 driven back into the Tulare region, which led to active 
 measures by the people of that vicinity. Following 
 this movement, many Mexicans, and indeed all of 
 every nationality who could not satisfactorily account 
 f(tr themselves and the method of their living, wore 
 directed to go, lest worse should befall them. 
 
 Ycry prompt to form and ver^' efficient was the 
 Santa ( lara Vigilance Committee, organized to act in 
 concert with the Committee of San Francisco. Here- 
 with I give a copy of proceedings at their lirst 
 meeting : 
 
 "At a meeting of the citizens of Santa Clara, held pursuant to publii; 
 iiotior, !Mr Joel Cliiyton was called to the chair, and Mr II. Bucknor appointed 
 Becrotary. Mr Piersun addressed the meeting, and statea the object to he to 
 take: iiioasiircs to act in concert with and approve the proceedings of the 
 Vigilance Committee of the eiti;:cns of Si;n Francisco, and olVercd the follow- 
 ing resolutions, which were unanimously adopted: 
 
 " ' li't'siilreil, thiit we deeply sympathize with the citizens of San Franciscn 
 in their los.ses sustained by the late (ires ; that as wo believe the late disastrous 
 fjren tu have been the work of a regular band of thieves and iuccniliaries too 
 fiendish and dangerous to bo suffered to prowl about Sau I'^'aneisco : that as 
 M'e believe our interests arc identified with Lhe sustaining of tiiat city, we 
 ■will heartily second and assist the citizens to detect, bring to justice, and 
 puniah the scoundrels that infest that city; thiit we considei' the hanging ol 
 the notorious burglar and thief .lenkins entirely jiistiliable, and in our 
 opinion it is the shortest and only way to save the lives and property of 
 citizens ; that we hereby call upon the Vigilance Committee of .San Francisco 
 to transmit to the Vigilance Committee of this place descriptions of suspccti.'d 
 desperadoes whenever they sliall hereafter leave that vicinity ; that we call 
 upon the press of Sau Francisco to publish these resolutions, and assure their 
 citizens tliat if a vigorous cfTort should be made to free themselves from tlir 
 pest we will come to their assistance en mastc if necessary. ' 
 
 " Mr Gates then moved that those present form themselves into a Vigil- 
 ance Committee, which motion was unanimously adopted, and the chairman, 
 Mr Clayton, elected president of such committee, and Mr Gates secretary. 
 
 ■■■r S,: 
 
SANTA CLARA AND SAN JOSl^: 
 
 475 
 
 On motion of Mr Gates a committee of five, consisting of Mr Picrson, Captain 
 Hush, Mr Buckncr, Colonel Davis, and Mr Buflu'u, were appointed to draft 
 resolutions and rules to govern tlio action of the Vigilanu(! Committee; whort!- 
 upon the meeting adjourned to Timrsday evening, the 'JOtli in.st. 
 
 "JoKL Clayton, Chairman. 
 "R. B. Bi'CKNEU, Serntary. 
 
 "Santa Clam, June 25, lSr>l." 
 
 At a meeting licld a few days afterward constitu- 
 tion and by-laws w-erc ado[)te(l, and the organization 
 was completed. Scarcely a singlt' citizen lefusi'd to 
 join the association. One of their first acts was no 
 less nnicjne than energetic. A notorious character was 
 arrested for theft by the civil authorities and put under 
 honds to await his trial. The Vigilance Connnitt.ee 
 bailed him out, gave him a thorough Hogging, and tlien 
 returned him to the custody of the law. 
 
 At San dose in October, 18;")!, two Hispano-Cali- 
 fornians, father and son, arrested for cattle-stealing, 
 were tried, convicted, and sentenced by a peo[)li!'s 
 jui-y to receive twenty-six lashes each. The old 
 man's head wiir white and his bodv bent with a-jfe; 
 the son was a manly f(>ll(»w, straight as a forest tree, 
 athletic, in the full vigor of manhood, with a bold 
 front and an unilinching eye. When judgment was 
 })ronounccd he rose to his feet and begged one boon 
 of his indcrcs. For himself he asked notliin^ -Init 
 that old man, his father: surely, if tlioy were sons 
 thcMnselves, and not bastards, they would let him take 
 the whole punishment, and suffer in tlie old man's 
 stead. The proposition of the son was considered by 
 the Committee, and a resolution introduced that the 
 sentence of the father should Uv, remitted, and that 
 lie should be handed over to the authorities. Nor 
 would the Committee take advantage of the son's 
 ]iroposal to augment his sentence. The trial of the 
 tiither in court, made with more deliberation and a 
 fuller cognizance of facts, revealed the truth that his 
 sentence had been disproportioned to liis crime, and 
 he was released with only a fine of five dollars. 
 
 }?<r 
 
r 
 
 
 470 
 
 COUNTRY COMMITTEES OF VTOILAXCE. 
 
 It was an oxtrcmcly difficult, matter for the native 
 population of California to understand that it was 
 very wrong to steal horses. That is one reason why 
 so severe a penalty was inflicted for this crime. In 
 llieir early times they had been accustomed to catcli 
 and sad<lle almost any horse running at large. It was 
 the thing to do to return the horse or to leave another 
 in its stead, but the owners of ranclios were not often 
 jiarticular about a horse or two more or less. Said 
 J3errasio Berryessa, when about to be executed by 
 the Vigilance Committee of San Josd July 21, 1854, 
 for stealing horses, "My countrymen, you must all 
 leave here; it is no longer a tit place for you I" 
 
 In the spring of 1850 Mariano Hernandez, a Mexi- 
 can horse-thief and highwayman, was captured and 
 confined in San Jose jail. His arrest was made on the 
 suspicion that he had murdered a man named John 
 Foster, who had lived in one of the upper counties, 
 nnd had robbed him of twenty thousand d(jllars. A 
 ^Ir Savage had come to San Jose for the purpose 
 of having Hernandez taken for trial to the county 
 where the murder had been committed. Savage was 
 a neighbor of Foster, and had deposited money with 
 him, which was lost by the robbery. Before Hernan- 
 dez could be removed he must be brought before the 
 judge, and while on the way he escaped. Savage was 
 greatly incensed, and openly accused the sheriff and 
 the judge of having accepted money from the jjrisoncr 
 as a bribe to release him. The people talked of 
 hantjino' the o^cials. Savage threatened if somethinsjf 
 was not done le would lead a band of armed Indians 
 against the t vn. In the mean time Hernandez was 
 pursuing his \ lainous course in other sections of the 
 country, but i Monterey was again arrested. He 
 was sentenced t be hanged, and narrowly escaped with 
 his life ; he wai suspended from a tree, but the rope 
 broke, and that circumstance, with the timely inter- 
 cession of a priest, secured his pardon. However, the 
 
S^VNT.\ CRUZ AND MONTERKY. 
 
 477 
 
 icpriovc served hut little purpose, for at Santa Crux, 
 he was seized by the Vinfihiiice Committee for some 
 criniiiial act, and was hunted by them on the 20th 
 of July, 1852. 
 
 On the next ni,i;ht this same Committee in Santa 
 Cruz hanged anotluT ^Mexican. He was taken from 
 jail, where he was awaiting his trial for horse-stealing. 
 The ])risonc;r made a confession just previous to liis 
 (.'xecution in which ho imjillcated others of his country- 
 nicu. Search was inunethately made for them. One 
 was captured — a hardened wretch, who boasted of 
 having killed several Americans. His trial and execu- 
 tion (piickly followed his arro«t. He exhibited uo 
 fear, walking with a fl'-m step to the gallows. 
 
 Oil the I Ith of January, 185;3, the V^igilance Coni- 
 uiittee of Santa Cruz ordered that three thieves should 
 receive from twenty to fifty lashes, and be banished 
 the town, and that should they return it would l»e 
 under j)enalty of death. 
 
 It was neither a profitable nor pleasing position, 
 that of member of the ^Monterey Vigilance Com- 
 mittee, for when they hanged a villain twenty other 
 \illains narrowly watched tlie hangman, swearing 
 vengeance. ]\[()re than one member of this associa- 
 tion in 18.")G died out of his bed. ]Murder liad become 
 so bold, however, that there was no hel[) for it. If 
 we may cretlit D. 11. Ashley, subsequently United 
 States Senator from Nevada, by actual count there 
 had been connnitted in and round Monlerev durinix 
 tliree years sixt3'-three murders, without one judicial 
 execution. Bullets ilew from town-houses and solitary 
 thickets. Mail riders were shot so frequently that 
 for once in the history of our country the service 
 
 Went bcsfGfmix. 
 
 In the early part of February, 1858, there lay in 
 the ja" at Monterey, under sentence of death, a Span- 
 iard named Anastasia, who had been convicted of one 
 nuirder and had confessed to another. The crime for 
 which he was imprisoned was the killing of an old 
 
478 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 i 
 
 \ 
 
 i| 
 
 I: 
 r 
 
 jr, r 
 
 man, whoso cabin he had feloniously entered with an 
 Indian. The old man was a Mexican sheep-herder in 
 Chalama Valley, Fresno county, and had in his pos- 
 session one hundred dollars, for which he was mur- 
 dered, being shot twelve times and his skull broken. 
 A jury, composed equally of Americans and Mexicans, 
 condemned Anastasi to be hanged on the 12th of 
 February ; but two days before that time a document 
 was received by the sheriff from Governor Weller 
 granting a respite from death for several days to one 
 Anastasi Jesus. As Josd Anastasi was the only 
 person in the Monterey jail under sentence of death, 
 the respite was clearly intended for him; at least such 
 was the conclusion of the sheriff. The under-sheriff, 
 however, incited and sustained by a large number of 
 the most inhuential inhabitants, took a different view 
 of the matter, arguing that the misnomer in the re- 
 prieve was fatal to its ler^ality, and that unless the 
 sentence of death should l»o executed on Jose Anas- 
 tasi on the day fixed he probably would escape 
 punishment altogether. The under-sheriff therefore 
 assumed the responsibility of proceeding with the 
 execution, and Anastasi was duly hanged. Governor 
 Weller was greatly incensed, and when the under- 
 sheriff wrote him on the subject the governor re- 
 sponded in an angry and undignified communication, 
 denouncing the course of the deputy in the most 
 violent terms. The under-sheriff was sustained by 
 the citizens, by whom the whole course of the gov- 
 ernor was strongly conde.nned. They felt that Josd 
 Anastasi was legally convicted and under sentence 
 of death; he had confessed not only the commission 
 of the murder for which he had been tried, but also 
 another one; there was a question as to the legality 
 of the reprieve, there was none as to the legality or 
 justice of the sentence; and lastly, had the day of 
 execution passed, pursuant to a document that was 
 null and void, there were serious doubts as to whether 
 the prisoner could ever be executed under that con- 
 
MATTHEW RILEY. 
 
 470 
 
 viction, and the blunder might result in turning a 
 desperate criminal loose upon society. This is called 
 the first legal execution in Monterey county under 
 American rule, and in the minds of many there re- 
 mained the question whethci* this was legal. 
 Says the Pajaro Times of February 13, 18G4: 
 
 ' ' The people of Monterey county are in earnest about ridding themselves of 
 the thieves and cutthroats who infest that section of tlie country. Last week 
 iu Nati\'idad the citizens formed themselves into a vigilance committee and 
 tried three CalLfomians — two brothers named Lopez and one man whose name 
 we did not learn. One of the brothers and lie of the unknown name were 
 foimd guilty of various robberies and depredations, and on Monday last were 
 l)ublicly whipped and sent to jail. The elder of the Lopez brothers was ad- 
 jiiilged guilty of murder and forthwith hanged. Beside several other murders 
 charged against Lopez, he killed a Chilean some months since for an old 
 s;iddle and sack of barley. The whole family is said to be of a wicked nature. 
 The father was sentenced to death and hanged some years since in this county. " 
 
 There were many cases illustrating how the spirit 
 of self-government wavt-red between vigilance and 
 inobocracy. On the desert border of southern Califor- 
 nia lived Matthew Riley, who along in the early fifties 
 became quite famous as a leader of men and a manipu- 
 lator of power. Sometimes the men were not all of 
 the best, and the power — well, while the quality of it 
 was not equal in purity and directness to that engen- 
 dered by steam or eb^ctricity, it was no whit below 
 what is manufactured to-da'^ for our governors and 
 presidents by thick-headed Africans and unwashed 
 Europeans. It is scarcely fair to charge all wrong- 
 doing to the devil, and credit all right-doing to a 
 higher power, because in the so-called special province 
 of the latter, wo find poorly done, or left undone, mat- 
 ters of which omnipotence can scarcely be proud. 
 
 Matthew Riley was about five feet seven inches in 
 height, compactly built, broad-shouldered, with flesh 
 as solid as lead. He knew how to command men, 
 whether in the direction of business or fighting. To 
 the former he brought a fair education and average 
 ability, which secured him a moderate fortune; as 
 
 J^S 
 
480 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 auxiliary to the latter he had a score or two of men 
 of active and muscular organisms always at his call, 
 with no end of political and office-seeking backers. 
 Thus it was that in any canon or at any cross-roads, 
 no less than in court or camp, Mat could hold a Lib- 
 erty Fair, or play a game of Eternal Justice, on short 
 notice. 
 
 By attending closely to his duties and privileges as 
 a favored citizen of a thrice favored republic, as every 
 true man, every intelligent and progressive lover of 
 freedom, is bound to do, he had always on hand read}^ 
 for immediate use a large store of power, social, polit- 
 ical, judicial, ecclesiastical, mechanical, or of whatso- 
 ever kind or quality which might at the moment be 
 in demand. Whosoever went wronjj Mat or his men 
 would set right; he who persisted in wrong -doing, 
 by Mat or his men was quite certain to have his nose 
 or neck twisted. What was ritjhtand what wronc: 
 — there was sometimes a question; but not often. 
 What priest, or politician, or merchant is there who 
 fails to lind right on the side of his bread that is but- 
 tered? Mat was a great judge. He was a judge of 
 men, a judge of morality, a judge of justice. His 
 followers were not all of them so clear-headed, and 
 several times brought themselves and their master 
 into tiouble. Tliev would sometimes find themselves 
 at the wrong end of a legal sequence, though as a 
 rule, like the wise and wily ones of the present dispen- 
 sation, they found law too great and good a thing to 
 be ignored or crushed. So Mat and his men, like any 
 other of tlie kings who stalk about over this confed- 
 eration — money kings, piety kings, political kings — 
 used law when it suited their purpose ; if it did not 
 they coolly kicked it out of the way — differing in their 
 way of doing it from our present legislators and jus- 
 tice-jugglers in this respect, that whereas these latter 
 are exceedingly sanctimonious in their worship of law, 
 are exceedingly circumspect in their position before the 
 law, taking care always to avoid the risk of prison walls 
 
 liJ 
 
 1 
 
THE MISCHIET OF IT. 
 
 481 
 
 e of 
 His 
 and 
 ister 
 
 pen- 
 to 
 any 
 ifecl- 
 
 in their rascalities, Mat, >vlio made the men that made 
 the laws, could not understand why he should stand 
 on much ceremony with so cheap, unstable, weak, 
 flims}', and fickle a thing as law. And as for justice, 
 what and where is it, in earth, heaven, or hell ? 
 
 In due time the business of horse-stealing became 
 so bad thitt few artists cared to follow it. It was easy 
 enough to gather in stock, but difficult to dispose of 
 it. Mat and his men could smell a horse-thief miles 
 away, so tliat the most of the unhanged in that vi- 
 cinity cither reformed or moved away. They were 
 very efficient at any kind of detective work, five or 
 six of them being able at any time to accomplish more 
 in brniging criminals to justice, and in executing them, 
 than all the constables, sheriffs, lawyers, judges, and 
 jails in three counties. True, this boomerang of 
 equity and material morality sometimes flew back and 
 killed a man or two, once even striking the chief; 
 l>ut as a rule it was thrown true, and striking tlie 
 mark fairly brought down its victim without recoil. 
 
 It is a fact of which sensible, rifjlit-thinkinjj Amer- 
 icans can scarcely be proud, that our most worshipful 
 and highly prized machinery for guarding life and 
 property, for making men and women moral and keep- 
 ing them so, can so easily be outdone, a hundred-fold, 
 l>y a few commonplace men of practical ability. These 
 cumbersome contrivances, many of them relics of bar- 
 barism or of feudalism, are to a great extent mere 
 machines for defrauding the public, defeating the 
 right, and demoralizing natural and manly sentiments, 
 and all under the name of justice. For the advance- 
 ment of religion men used to commit the most heinous 
 crimes. For the advancement of education men now 
 gather each year a great fund, and after taking three 
 fourths of it to fill their pockets, the remainder, with 
 much chattering, like learned monkeys, they employ 
 in teaching children to follow in their footsteps. To 
 permit our children to grow up in ignorance, truly is 
 bad; but by daily example, if not indeed by precept. 
 
 Pop. Tbib., Vol. I. 81 
 
 I 
 
488 
 
 COUNTRY COMmiTEES OF VIGILANCE. 
 
 .4 
 
 to teach them dishonesty, and bring them up to bribery, 
 trickery, and the many phases and colors of modern 
 rascahty, is infinitely worse. There are many cities 
 and counties in this republic, where if a Mat Riley 
 and six men were always stationed, ready to seize and 
 hang any lawyer caught in perverting justice, any 
 judge swayed in his duty by fear, favor, or any social 
 or political desires, any legislator or member of a board 
 selling their vote or influence for coin, or any person 
 engaged in the rascalities of current affairs, would be 
 a great and most efficient blessing, a benefaction to 
 society superior to all courts, law-makings, and peni- 
 tentiaries. In the end, Mat Riley came to grief. It 
 may be he killed too many, or not enough; in any 
 event, were he now living he would have plenty 
 to do. 
 
 On Tuesday, the 23d of August, 1859, at midnight, 
 two men were executed in the woods of Santa Bar- 
 bara. They were Francisco Badillo, aged eighty, and 
 his son, fourteen years of age. Their horse-thieving 
 achievements were notorious, but the course pursued 
 by the mob was strongly censured. On the following 
 'day the coroner and jury proceeded to the spot where 
 the bodies were hanging and received the testimony 
 of Badillo's sons, eleven and thirteen years old. An 
 excited crowd of native Californians had gathered, 
 and threats of vengeance were muttered against the; 
 Americans. George Nidever, a crippled youth riding 
 by, was suddenly pointed out by the younger ot" 
 Badillo's boys as one of the murderers, when tlio 
 enraged law-abiders stabbed, shot, and clubbed tho 
 poor fellow until he lost consciousness. Several per- 
 sons were arrested for assaulting Nidever, but were 
 ncquitted, as were also George and John Nidever, 
 and others arrested on suspicion of the death of 
 Badillo. 
 
 The following report was made by the grand jury 
 to the court of sessions September 17, 1859: 
 
SANTA BARBARA. 
 
 483 
 
 "In the case of the people of the state of California versu/t J. Xidever 
 and others, charged with murder, there were thirty witnesses sought for 
 and obtained in different parts of the county, and all the testimony that could 
 be brought to bear upon the case, cither directly or indirectly, was obtained. 
 There were such numbers of contradictions and alibia proven as rcndcrcl the 
 testimony in favor of the state entirely worthless ; consequently there was ' no 
 bill found.' In the cases of F. Sayba, J. Guticruz, Lugo and R. Zuriba, 
 charged with assaulting and shooting George Nidever, there were ' no bills 
 found.' Tlie positive evidence given in respect to two of those cases by 
 Russell Heath and James L. Ord was positively disputed in toto by the evi- 
 dence of Jo3i5 Dolores Garcia. The undersigned believe the testimony of 
 the first two witnesses to be true ; we also believe the testimony of the latter 
 to bo false. The persons who a little more than a year since robbed and mur- 
 dered the Basques on their way up the country would not have been punished 
 but for the people of San Luis Obispo, who summarily hanged them by the 
 necks. Cases of horse and cattle -stealing, almost without number, have 
 within the last five years been brought to the notice of our courts; yet in 
 almost every instance imprincipled petit juries could easily be drummed up 
 who would not hesitate in bringing a verdict of not guilty, though the offence 
 liad been so clearly proven that it did not admit of a single doubt. Even 
 those who seek ofiice, with now and then an exception, absolutely humiliate 
 and degrade themselves, either by lavish proniLscs to tlie corrupt, who hold 
 the influence, or by panderuig to a set of rullians. Our elections are a farce, 
 and an insult to common-sense ; scores of hombros, of all grades inid colors, 
 are brought in front of the polls, whose intenigence and education would not 
 comiiaro with the slaves of the southern states ; yet these same hombres re- 
 ceive sealed votes, either from the hands of the influential or their employes, 
 and without opening them or examining their contents put tlicm in the 
 ballot-box. Since the sitting of this grand jury the foreman has had his life 
 threatened by outside vile ruffians. In conclusion, we propose to allude to the 
 state of society as it here exists in connection with the execution of the 
 laws. In a republican government like ours, our system of jurisprudence is 
 established on the broad supposition that at least the majority of the people 
 arc notoriously honest, and always ready to maintain the supremacy and 
 majesty of the law, and to assist the courts in its execution. In most com- 
 munities such is the case. We deeply regret to be obliged to assert that in 
 this county it is widely different. We are of the unanimous opinion, so far 
 as this coimty is concerned, that the courts, in consequence of the notorious 
 bad characters that are frequently summoned and impanelled to servo as 
 petit jurors, are entirely powerless in punishing crime. Thieves and villains 
 of every grade have been from time to time upheld, respected, fostered, and 
 pampered by our influential citizens, and if need be, aidetl and assisted in 
 escaping from merited punishment due to their crimes. Characters similar 
 to those just named have frequently been seen sitting beside tlie wealthy and 
 influential in their carriages traversing our streets, or mounted on the richly 
 caparisoned steeds of these same persons. The virtuous and the prostitute, 
 the cattle-thief and the influential, have been too often seen mingling to- 
 gether at parties and Imlls. In fact it is with deep regret that we arc com- 
 
4M 
 
 COUNTRY COMMITTEES OF VIGILANC]! 
 
 pelled to publish the fact to tlie world that the ruling population make 
 little or no distinction as to the character of their associates ; if there is any 
 preference it is in favor of the vicious. Offences, thefts, and villainies in 
 defiance of the law, of every grade and char.cter, from the horse and cattle- 
 thief to the highway robber and midnight ■ssassin, have dwelt, to our knowl- 
 edge, for the last five years in our very midst. Whenever those crimes have 
 been perpetrated on the persons of honest, industrious, and good citizens, the 
 tranquillity of the public mind, so far as the iniling population was concerned, 
 would not be disturbed. 
 
 "Only three years since, an American by the name of Moore had quietly 
 settled in Montecito, had erected his humble cabin, and had industriously 
 engaged in fencing a field and sowing a crop in order to gain an honorable 
 support. He was basely murdered while asleep by having his throat cut 
 from ear to ear, and left to welter in his gore ; yet the tranquillity of the 
 ruling population was not in the least disturbed. Neither they nor their 
 officers apiwarcd to take the least interest m ferreting the perpetrators of 
 the crime and bringing them to justice; and had it not been for private 
 American citizens, who had him buried with their own means, so far as the 
 authorities are concerned he would have been left like a wild beast to rot 
 where he was murdered. One of the perpetrators of that crime has since been 
 hanged, not by the actions of our courts, to which he fled for protection for 
 other crimes, but by the sovereign people of 8an Luis Obispo. Previous to 
 his execution he confessed to that and a number of other heinous crimes. Wc 
 could go on from page to page and enumerate the evils under which wc 
 sufTor, sufTice it to say, good, iudependent, industrious, and honest citizens 
 arc not wanted here by the ruling powgrs. Could tliuy accomplish it, tlicy 
 would drive us from the country, unless wo would degrade ourselves by 
 pandering to their wishes, obeying their orders, and affiliating with their 
 
 ruffians. 
 
 "Cyrus Marshall, 
 
 "Foreman of Grand Jury. 
 "R. Forbush, A. M. Cameron, William Brick, G. Abadie, L. Loomis, 
 Juan Hill, John M. Haskell." 
 
 This report was published in the San Francisco 
 Herald, as the Santa Barbara papers refused it a place 
 in their columns. Seiious disturbances were constantly 
 occurring, and the law seemed powerless to protect 
 the rights of citizens. The Santa Bdrbara Gazette 
 says: "Law there was plenty, law-craft enough and 
 to spare, but organization none at all, save a shadow- 
 ing of that worst of all organizations, suggested by 
 the example of righteous Los Angeles and law-abiding 
 San Francisco, a Vigilance Committee. The sheriffalty 
 was vacant. The mayor had resigned, assigning as 
 
SAN LUIS OBISPO. 
 
 485 
 
 his motive his incapacity to preserve order. No jus- 
 tice of the peace had qualified. A county judge re- 
 mained, fully determined to maintain the law; but 
 not a constable was there to execute a warrant. The 
 treasurer and county clerk alone stood over this uni- 
 versal wreck of unfilled office as fitting emblems of a 
 costly system of anarchy." At this juncture General 
 Clark was called upon to bring a small detachment of 
 troops with him to Santa Bdrbara, the people urging 
 that the mere appearance of the military would carry 
 sufficient moral suasion without resort to arms. The 
 re^juest was complied with and confidence restored. 
 
 In the absence of legal authorities a popular tri- 
 bunal was organized for the trial of one Sonoreno 
 in San Luis Obispo the 7th of July, 1851. Jose 
 Castro and W. C. Jones were elected judges, C. 
 Freeman secretary, and W. J. Graves prosecuting 
 attorney. It was agreed that one half the jury should 
 be native Californians and one half Americans. Thus 
 organized the tribunal proceeded to business. 
 
 The early days of San Luis Obispo show a busy 
 schedule of crime, and a running sketch of some of 
 the chief episodes of its history will no doubt prove 
 interesting and instructive to the reader : 
 
 In the fall of 1863 a band of eight or ten men 
 rode into town and made merry over the fact that 
 they had just murdered a pcdler near San Juan and 
 appropriated his goods. They were pursued, one of 
 them killed, several hanged, and the remaining three 
 01- four escaped. These were desperate times; not a 
 week passed but that the bodies of murdered men were 
 found by the roadside, and many a cattle-dealer from 
 the upper country met a secret and terrible fate in 
 that bloody land. Early in 1856 a man named George 
 Fearless came down from San Francisco with several 
 thousand dollars and went into the stock business 
 with a New Mexican named Jesus Luna, on a rancho 
 some fifty miles from town. After a few months 
 
486 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 Fearless disappeared, and liis Mexican partner said 
 that he had gone to the states. Soon selling out 
 their property on the rancho, Luna moved to New 
 Mexico, and shortly after his departure the body ot 
 Fearless was found concealed on the place. 
 
 Now read the next incident, then put the two with 
 twenty other like deeds unrecorded, with niatteis 
 every day growing worse, and then say if vigilance 
 committees are wrong: 
 
 Two Frenchmen collected a band of cattle and 
 started north. They hired a native Californian named 
 Frolian as their vaquero; this man and Jack Powers 
 the gambler saw a large sum of money paid to tlie 
 Frenchmen. On Monday, the 30th of November, a 
 horse-race took place at Santa Margarita, twelve miles 
 from San Luis Obispo. Frolian left the service of 
 the Frenchmen that day, and one Nieves Robles ap- 
 peared in camp and asked permission to accompany 
 the cattle-drovers on their journey as far as San Jose. 
 The proposition accepted, that night he pointed them 
 out a place to camp near the mouth of the ri\'cr 
 Nacimiento, a spot that has been baptized in the blood 
 of murdered men. In the morning some horses were 
 missing from the cahallada, and the Frenchmen rode 
 out to hunt them. They never returned. Weeks 
 afterward the body of one of them was found, the skull 
 perforated by bullets ; the body of the other was never 
 discovered. Jack Powers and two Mexican confreres, 
 Linares and Rafael, attended the horse-race on the 
 day before the murder, and that evening disappeared. 
 It was afterward known that, in company with Nieves 
 Robles, they had killed the Frenchmen, taking froi 
 one of them the sum of thirty-five hundred dollars 
 They all returned to San Luis Obispo, when Nieve? 
 was arrested and tried, but finally discharged. Noth- 
 ing was done with the others at that time. 
 
 II 
 
 .'S 
 
 In May, 1857, two Frenchmen, Bortolo Baratio 
 and M. Borel, came down from Oakland to reside on 
 
BARATIE AND BOREL. 
 
 487 
 
 the rancho San Juan Capistrano. Madame Baratio 
 accompanied her husband, and they hail two Cahtbr- 
 nian servants. One evening eight men came along, 
 representing themselves as horse-runners, and wished 
 to buy food. The Frenchmen generously supplied them 
 without pay, and that night allowed them to sleep in 
 the building with their servants. The next day one 
 of the band, Miguel Blanco by name, came back alone, 
 stating that his partners were running horses, and 
 asked the privilege of unsaddling his liorse, which 
 was allowed him. The Frenchmen were engaged in 
 cleaning out a well, and the servants were cutting hay 
 a little distance away, but out of sight. Baratie left 
 his partner and came round to speak to the servants, 
 Blanco remaining by Borel. Baratie soon heard firing 
 from the direction of the well, and Blanco, having 
 shot Borel, came running round as the otiier murder- 
 ers rode up, and fired at Baratie, hitting him in the 
 shoulder. Driving Baratie and the servants to the 
 house at the muzzle of the pistol, they forced the 
 Frenchman to disclose the whereabouts of his money, 
 about three thousand dollars, which they immediately 
 divided among the band. Baratid was then shot down 
 before the eyes of his wife, and she herself was car- 
 ried away to a place of concealnuMit in the mountains, 
 whence she afterward escaped and returned to Oalc- 
 land. The Californian servants escaped with their 
 lives and gave the alarm. Two of tlie murderers 
 were soon afterward caught and hanged in San Luis, 
 making a complete confession of their dark deeds. 
 So bold had crime become in San Luis that villains 
 were often heard boasting on the streets of theii' bloody 
 deeds, using such expressions as: "How the damntid 
 scoundrel fought for his life!" or, "Why, he tired tiirec; 
 shots from his revolver after we thought him dead!" 
 with reference to some one they had killed. Many 
 of the native Californians of the southern counties 
 were in league with the nmrderers, and gave thcni 
 aid and comfort in every way, rendering it almost 
 
¥> 
 
 Pf' 
 
 I 
 
 488 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 impossible for the ends of justice to be attained. The 
 robbers were completely organized, with their signs, 
 grips, and passwords, and it was only the energetic 
 action of the people, striding over the tangled meshes 
 of the law, that finally broke up the powerful alliance 
 and restored a measure of safety to the persons and 
 property of the public. 
 
 In June, Jose Antonio Garcia, one of the parties 
 concerned in the murder of the Frenchmen near the 
 Nacimiento, was hanged by the citizens of San Luis. 
 He made a confession on the gallows, implicating the 
 gambler Jack Powers in the crime. 
 
 Following swiftly upon this event came another, 
 which indicated that the people had at last become 
 aroused. •Several of the robbers who had been con- 
 cerned in the tragedy at San Juan Capistrano, the 
 miscreant Pio Linares at their head, being hard- 
 pressed by the Americans who were pursuing them, 
 took shelter in a dense willow wood on the Osos 
 Rancho, near San Luis Obispo, and were surrounded. 
 The pursuing party attempted to hunt them out, but 
 after having one of their number wounded by a shot 
 from Linares, were forced to desist on account of the 
 approach of night. By the next night over a hundred 
 armed citizens were on the ground, hemming the 
 wood with a cordon of sentries, and the next morning 
 began to beat the brush for the robbers. A battle 
 ensued, in which Pio Linares was killed, and his two 
 Mexican companions, both of whom were participants 
 in the San Juan Capistrano murder, were captured. 
 The citizens had one man killed and two others 
 wounded. The captured Mexicans were openly hanged 
 in San Luis the next day. Considering the reign of 
 terror that had so long existed in that region, and 
 the utter powerlessness of the law to reach the red- 
 handed assassins, these acts of the Vigilance Com- 
 mittee were not only justifiable but eminently worthy 
 of applause. 
 
 Nieves Robles was finally apprehended and lodged 
 
LOS ANGELES ORGANIZATION. 
 
 4SG 
 
 linge( 
 
 Idged 
 
 in the jail at San Luis, whence ho was quietly taken 
 by the vigilants on the 27th of June 1858 and hanged. 
 He confessed his part in the Nacimiento murder, 
 and his statement was fully corroborative of those 
 made by his accomplices who had preceded him on 
 the gallows. 
 
 Soon after these occurrences the Vigilance Com- 
 mittee of San Luis Obispo disbanded, considering its 
 work accomplished. 
 
 Among the Los Angeles archives I find the fol- 
 lowing: 
 
 "At a meeting of the citizens of Los Angeles held on the 13th of July 
 18")! at the mayor's oiBce, to consult the public good by organizing a volun- 
 tucr police, in accordance with the action of the city council, -B. D. Wilson, 
 mayor of the city, was called to the chair and L. Granger appointed secre- 
 tary. The following is the ordinance passed by the city council : 
 
 "First, That Dr Hope be named chief of a body of police composed of the 
 inhabitants of this city who may voluntarily think proper to form it, which 
 chief of police will bo governed by the orders of the mayor. 
 
 "Second, Dr A. W. Hope, in connection with the mayor and the previous 
 consent of the persons voluntarily joining themselves to said police, will [iro- 
 CLcd to organize said body, naming the subalterns by the mayor and chief of 
 police. 
 
 "Third, The sole object of this police will be to guard the security of the 
 inhabitants and the conservation of the peace in conformity with the laws of 
 the state and the last part of Article I. 
 
 "Approved. B. D. Wilson, Mayor." 
 
 Then follow the names enrolled. At a subsequent 
 meeting officers were chosen and the organization 
 waited orders from the chief of police. This might 
 l)e called a vigilance committee organized under the 
 auspices of the law ; for we may be sure that such a 
 body would never let law stand greatly iu their way. 
 
 In July 1852 two young Americans came by 
 steamer from San Francisco to San Diego, intending 
 to purchase stock. One was named McCoy and the 
 other Ludwig. They had started on horseback for 
 Los Angeles, when they were overtaken by Doroteo 
 Zavaleta and Jesus Rivas, Mexicans, who entered into 
 conversation with them in regard to trading horses. 
 
m 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 Procccdinj; on their jouniey, the Mexicana ganied the 
 confidence of their companions, providing out of their 
 supply meat for the whole party, and apparently en- 
 tertaining the kindliest feeling toward them. But 
 the Mexicans' only desire was to nmrder and plunder, 
 and one night they accomplished their purpose. Rivas 
 asked ^IcCoy for his knife, with which he cut two 
 heavy sticks; then, encamped on the banks of the San 
 Gabriel, the Americans made preparations for sleep. 
 Spreading a blanket upon the ground, they invited the 
 ]\Iexicans to lie down beside them. Zavaleta devoutly 
 replied that he must first say his prayers. About two 
 hours later the Mexicans approached the sleeping 
 men and eacli simultaneously struck one on the head 
 with a club, and beat them until dead. They secured 
 three hundred dollars, and their pistols, knives, horses, 
 and saddles. The bodies were left unburied. Zavaleta 
 and Rivas were subsequently arrested at Santa Bar- 
 bara, with a companion, Carmillo, for horse-thieving. 
 Afterward suspicions of the truth were excited, and 
 an examination was made by a committee of tlie 
 people at Los Angeles. Carmillo turned state-evi- 
 dence and repeated what Rivas had told liim of tliu 
 murder of the Americans, and satisfactorily proved 
 his own innocence. Zavaleta was next examined, 
 and after four or five hours of questioning and false 
 swearing, volunteered a full confession of the truth. 
 His testimony was afterward substantiated by his 
 taking a party of men to the scene of tlie murder, 
 and discovering to them the bodies. Rivas' contra- 
 dictory statements were also followed by confession. 
 A people's meeting war< held at the court-house at 
 four o'clock on Friday aft rnoon, August Gth, to con- 
 sider what should be dory. They appointed a jury of 
 twelve men to hear aiKi act upon the testimony that 
 had been obtained by the previous committee, which 
 was read to them in English and Spanish. The jury 
 retired for a few minutes and returned with a verdict 
 of guilty of murder in the first degree. It was then 
 
AflASSINATION OF BEAN. 
 
 401 
 
 and 
 tlio 
 cvi- 
 thii 
 ovcd 
 
 y of 
 :liat 
 lich 
 lury 
 diet 
 then 
 
 voted unanimously tliat tho accused be hanged the 
 following morning at eight o'clock. It was also de- 
 cided that Carmillo should be handed over to tho 
 civil authorities. The sentence passed upon the con- 
 denmed was executed at the appointed hour. Tho 
 gallows was erected upon the summit of Fort Hill, 
 where tho men were conducted, betraying no emotion 
 of fear or contrition. After the priest had given them 
 absolution, the prisoners addressed the people. Their 
 remarks were chiefly angry accusations of each other. 
 Rivas advised any who contemplated such crimes as 
 his, either to have no associates or to select bravo 
 men, and not cowards who would betray them. At 
 the conclusion of their remarks the final prepara- 
 tions were made, and in fifteen minutes their lifeless 
 bodies were left to the care of their friends. Zavaleta 
 was respectably connected, and was in the prime of 
 life. Rivas was born in Sonora, and was but twenty 
 years of age. 
 
 Major-general J. H. Bean, who had served both 
 as alcalde and mayor of San Diego, and who was 
 greatly respected and beloved by the entire commu- 
 nity, was assassinated late one evening in Xovember 
 1852 as ho was returning home from his store in San 
 Gabriel. He was riding liorseback, when he was sud- 
 denly attacked by two men who were awaiting his 
 approach. One sprang forward, and seizing the bridle 
 jerked the horse back upon his haunches, while the 
 other pulled the general from the saddle and threw 
 him violently upon the ground. Bean was a powerful 
 man, and though his assailant was upon him, he rose 
 to his feet and attempted to defend himself with his 
 knife; but he was overpowered by superior dexterity, 
 and was stabbed several times by the ruffian. When 
 he lay dead upon the ground he was shot by the 
 wretch, who rejoiced that he had destroyed the 
 life of one whose influence and wealth had been used 
 in attempts to exterminate the class he represented. 
 
492 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 As soon as the death of General Bean became known, 
 renewed efforts were made to rid the neighborhood of 
 the highwaymen infesting it. A band of desperadoes 
 was suspected, and delermined efforts made to arrest 
 the leaders and break up the organization. About 
 this time the Vigilance Committee of Los Angeles 
 caused the arrest of several Mexicans belonging to 
 Salomon Pico's band, among others one Reyes Feliz, 
 a young fellow fifteen or sixteen years of age. He 
 was convicted and executed on account of his connec- 
 tion with the band. Feliz made a confession of his 
 crimes, including the murdering of a Mexican, but 
 professed ignorance of General Bean's death, or of 
 any person accessory to it. Upon the testimony 
 of one Ana Benites, a member of Joaquin Murieta's 
 party, v/ho was also arrested, the death-blow of Gen- 
 eral Bean was charged to Cipriano Sandoval. Ana 
 asserted that Cipriano confessed the murder to her 
 immediately after its occurrence, and she detailed full 
 particulars. Ilor testimony also implicated Benito 
 Lopez, and both were tried, pronounced guilty, and 
 hanged by the people. Lopez confessed to several 
 murders, and disclosed the spot where the bodies of 
 his victims were concealed. Cipriano Sandoval made 
 a few remarks just previous to his death, protesting 
 to the last his innocence of the murder of General 
 Bean. Both Feliz and Lopez seemed to feel that 
 they had been betrayed by Ana Benites, and advised 
 their companions not to put their faith in women. 
 At the time of the execution of Lopez and Sandoval, 
 another Sonoreno was also hanged. Early that Sunday 
 morning, December 12th, while walking with a com- 
 panion on the street, he had stabbed and instantly 
 killed him. He was soon afterward arrested, tried at 
 once by the people, and executed witJi the other 
 criminals at three o'clock in the afternoon. As was 
 stated, Cipriano Sandoval was hanged on the charge 
 of the murder of General Bean. Five years later the 
 sad revelation was made that he was not the nmrderer. 
 
LOS ANGELES IN 1854. 
 
 403 
 
 The real criminal, shielded by rich and influential 
 friends, had died iu his own home, but harassed 
 by the terrible secret, he had revealed the truth on 
 his death-bed, and the martyred Sandoval was then 
 known in his true character, as a simple, ignorant, 
 and obscure shoemaker, who had worked soberly and 
 industriously at his trade in San Gabriel. Though 
 the movers in this execution were men of sound licads 
 and good hearts, this fatal mistake shows the neces- 
 sity of the utmost caution in the use of power. 
 
 Insecurity of life, and immorality, prevailed to an 
 alarming extent in Los Angeles in the year 1854. 
 The mission natives had retrograded since left to 
 themselves, and continually gambled, drank, and quar- 
 relled with each other; so that in the morning when 
 natives were found dead in the streets tlio matter 
 was not considered of sufficient importance to require 
 investigation. There were other classes scarcely su- 
 perior in many respects to the natives. Gambling 
 disputes were of nightly occurrence, and pistol-shots 
 a natural consequence. A resident of Los Angeles 
 I'or a short time, says that while he was there ahnost 
 every night one murder at least was conimitted, and 
 oi'ten two or three, and that the ordinary morning 
 sakitation was, " Well, how many persons were killed 
 last night?" "Only four; three Indians and one Mex- 
 ican," perhaps being the reply. " We have received a 
 letter from a citizen of Lo-: Angeles," says the San 
 Francisco Herald in Never. iber of this year, "de- 
 claring that it is unsafe to go out after dark; and some 
 ilka may be formed of the reign of terror that i)re- 
 vails, from the fact that he requests us to conceal his 
 name, as his temerity in even complaining of these 
 tliin'j^s mijjht cause him to be victimized. If the 
 authorities are so inert as to permit murderers and 
 outlaws t^ "^un riot, why do not the people of Los 
 Angeles t,ocablish a vigilance committee and make 
 sunie examples? San Francisco was once qmte as 
 
m- 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 unsafe as Los Angeles, and it would probably be so 
 still but for the decisive measures taken by its citizens. 
 We see no other cure for the dreadful condition of 
 Los Angeles than the organization of an energetic 
 vigilance committee. One thing is certain: nothing 
 could be worse than its present plight, and it would 
 therefore be safe to make the experiment." The Los 
 Angeles Star of the 30th of November admits the 
 truth of the statement as to the condition of the city, 
 but denies the necessity of a vigilance committee. 
 Having confidence in their officers, nothing was 
 required of the people, unless it were to help the 
 officials — which strikes an impartial observer as 
 somewhat absurd; for why should anarchy and riot 
 reign in the midst of efficient officers and good gov- 
 ernment? 
 
 .'■: ^i 
 
 There was one David Brown, who on the 13th of 
 October, without provocation, killed a companion 
 named Clifford. He was arrested, legally tried, and 
 sentenced to be hanged with one Alvitrc. The people 
 during the trial organized a meeting, determined 
 themselves to trv the case of Brown, but were dis- 
 suaded by the mayor, Stephen C. Foster, who was 
 anxious to give the courts one more chance for f<;iccdy 
 administration of the law, promising that, in case the 
 prisoner escaped by any quibble or trick, he would 
 resign his office at once and join the people in the 
 summary punishment of Brown. The citizens wort; 
 satisfied with the action of the court, and awaited 
 the execution of the law. But on Wednesday tlio 
 10th of January 1855, an order from Judge Murray 
 of the supreme court was received, staying the execu- 
 tion of Brown. On Thursday evening an immense; 
 gathering assembled at the Montgomery Saloon, with 
 Colonel McClanahan in the chair. Several speeches 
 were made, among others one by Mayor Foster, iu 
 which he unequivocally declared himself iu favor of 
 hanging Brown and Alvitre together. The following 
 
 Kii 
 
MAYOR FOSTER RESIGNS. 
 
 493 
 
 from the Southern Califomian is an extract from a 
 lengthy article read to the meeting and received with 
 enthusiastic applause : 
 
 " Citizens of Los Angeles ! ' Tis for you to say whether the gross and out- 
 rageous partiality shall be allowed ; whether you will permit so flagi'ant and 
 glaring an evidence of the omnipotence of birth and condition to op(!rato in 
 widening still further the breach that already exists between our native and 
 foreign population, so prolific of future disaster to the community." 
 
 In speaking of the trial of Brown, the editor con- 
 tinues : 
 
 " Our own court has done its duty manfully, unshaken by and oblivious to 
 all influences save those of law and justice. The trials have progressed and 
 ended, and richly merited punishment awarded ; and our citizens, gladdened 
 beyond measure at this evidence of a new order of things, were looking for- 
 ward to a future fraught with hope and better things. " 
 
 The next afternoon, Friday, the 12th of January, 
 Alvitre, accompanied by Sheriff Barton with a large 
 armed force, was led into the jail-yard to the gallows, 
 where at three o'clock he was executed, though the 
 ])Oor fellow fell to the ground from the noose untying 
 before death ensued, and was obliged to have the rope 
 readjusted and to be again suspended. Thousands of 
 l)coplc witnessed the execution, and there was serious 
 apprehension that resistance would be made to the 
 sheriff, who refused to deliver Brown. The cannon 
 had bee'} spiked on the previous night and every pre- 
 cautionary effect taken by the authorities. After the 
 oxccut"u>n «;f Alvitre the scaffold was taken down and 
 
 ioj-ce disbanded. The crowd then gathered 
 jail, and addresses were made urging the 
 
 ()u;-!5^.1e \\\ 
 
 i>cizurc a' 4 o ccution of Brown. Mayor Foster re- 
 signed bib Oihce, and incited the people to proceed. 
 Captrin Hunter then asked all in favor of the measure 
 to follow him. Led by Hunter, Foster, and McClaii- 
 alum, the crowd moved on into the jail-yard and to the 
 coll of Brown, where with axes the door was battered 
 down and the prisoner brought out. Another mur- 
 ilcr condemned to be hanged in February, was in 
 th». t ?ve cell, but he was left unharmed. Brown was 
 
496 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 :.t; 
 
 ■ I 
 
 II 
 
 ii 
 
 1 1 
 
 
 ]■ m 
 
 conducted to a large gate-way opposite the ^ourt-house, 
 V'here a rope was suspended from the cross-beam, with 
 ii chair placed underneath. While Brown stood on 
 diis somewhat novel platform having the rope adjusted, 
 he kindly informed the crowd that they did not know 
 how to hang a man, and requested they should permit 
 him to show them. His cool indifference was main- 
 tained to the last, when he kicked the chair from 
 beneath his feet and was quickly strangled. A few 
 days later Stephen C. Foster was reelected by a large 
 vote to the position of mayor, which he had resigned 
 to further, as he thought, the ends of justice. 
 
 At Los Ang( l( '^reat excitement arose from the 
 rash sliooting of ^ onio Ruiz on the 19th of July 
 18 56 by a deputy constable named Jenkins, who met 
 with some opposition in the service of a writ of exe- 
 cution for the sale of Ruiz's property. Jenkins sur- 
 rendered himself and was admitted to bail. Next day 
 Ruiz died, and the Spanish population were indignant 
 that Jenkins, whom they regarded as a murderer — for 
 Ruiz was a quiet, well behaved man, and had not given 
 the officer sufficient provocation to justify him in the 
 killing— should be at large. Ou application by tb" 
 district attorney to Judge Hayes, Jenkins was incar- 
 cerated, but the people had by this time oecome so 
 excited that they threatened the jail. 
 
 Ruiz's funeral was the largest that had ever taken 
 place in Los Angeles. After the services were con- 
 cluded, the immense crowd convened near the grave 
 was addressed by a Frenchman and others, who threat- 
 ened vengeance on the Americans. Their threats 
 were of such a character that the citizens were noti- 
 fied and active preparations made for self-defence. 
 The following extract from an affidavit, subsequently 
 made by Judge William G. Dryden, shows clearly 
 what apprehensions were entertained: "About four 
 o'clock on Tuesday, July 2 2d, a Californian came to 
 my residence in the city of Los Angeles and told 
 
THE CITY THREATEXED. 
 
 407 
 
 taken 
 con- 
 
 mc he had just learned that on that Tuesday ni<>lit 
 after eight o'clock an attack might be expected in 
 tlie city by the Soiiorians, in connection with the 
 French and some Dutch; that they were about six 
 liundred strong, and that if I wished to save my life 
 I had better take my horse and conceal myself on 
 some rancho; that they had just attempted to take 
 liis horse, but desisted when he told them it was very 
 tired, being just from a rancho. This Califoi-nian said 
 that the object of the attack was to destroy all the 
 Americans; he said nothing about the attack on the 
 jail. He told me that he made this comnmnication 
 because he felt toward me like a brother. For four 
 or five nights I com ■ hear the Mexicans riding about 
 the streets singing then- rcfranes, the burden of which 
 was of war, repeating the word Americano; could fre- 
 (juently also hear tlie word vcnganza.^' 
 
 Immediately upon receiving the above information 
 from the Californian, Judge Dryden called on Judge 
 Hayes, and together thcjy visited a conunittee repre- 
 senting the assemblage at the cemetery. The judges, 
 accompanied by this connnittee, went to the jail, wliicli 
 they found surrounded by ISIexicans. The sheriif's 
 and the judges' promises quieted the peo])le, and they 
 dispersed. On tiie following morning, Jenkins was 
 brought before Judge Hayes foi* preliminary exami- 
 nation. In writing of this aifair the judge says: 
 "Thirty men armed with muskets insisted upon guard- 
 ing the court-house. Thus I had to sit on this 
 occasion with soldiers on the *ut>;ido and this same 
 committee occupying the jury-box, to see, as I under- 
 stood, that the judge did justice. xVll other poisons 
 were excluded. The judge and prisoner, his a'torney 
 and witnesses, one feature of tlie [jicture; soldiers on 
 tlie left, a connnittee, to all intents and pur-poses, on 
 the rijrht." That evenincc after the formalities were 
 concluded, judges Hayes and Dryden attemi)ted to 
 investigate matters, visiting ^Mexicans for this pur- 
 pose, but no inlbrnuiti(in could be obtained. They 
 
 Pop. TniB.. Vol. I. 'J2 
 
498 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 « t 
 
 began to think the alarm was without foundation, 
 when the bright moonlight suddenly discovered the 
 rendezvous, on the hill, of a large force. Only waiting 
 long enough to secure for his family a place of safety, 
 where already many families had congregated. Judge 
 Hayes joined the citizens who had armed and organ- 
 ized. All through the night the citizens were on the 
 alert; horsemen were galloping up and down the 
 streets, carrying messages back and forth from one 
 section of the town to another. They would not be 
 the aggressors, but were prepared to be merciless in 
 their retribution if once attacked. About midnight, 
 while Marshal Getman, with a company of footmen, 
 was riding near the hill, where some two or three 
 hundred of the belligerents were assembled, he was 
 attacked and obliged to retreat. Afterward four 
 Mexicans shot at him, and he fell ; then they rode by, 
 firing at him as he lay upon the ground. The attack 
 having been made, the military were ordered to the 
 plaza, but, inefficiently organized, they were some time 
 in reaching the spot. The insurgents in the mean 
 time disbanded; their patriotic ardor and their vindic- 
 tive purposes seemed to have been sunk into oblivion 
 from excessive drink, and there was no further demon- 
 stration made by them that night. 
 
 The citizens on the following day received reeu- 
 forcements from El Monte, and strong military power 
 was secured. There was a feverish excitement for 
 some days, but with the militia ready for action, it' 
 needed, the fears of the people at last subsided. 
 
 The examination of Jenkins by Judge Hayes ic- 
 sulted in his being sent to the grand jury for trial, 
 with bail fixed at three thousand dollars. At his 
 final trial he was exonerated from blame and releaseil. 
 
 
 For many months Los Angeles County was vic- 
 timized by organized banditti, probably one hundred 
 in number. They threatened the extermination of 
 the Americans, and a war of races seemed about to be 
 
A LARGE BAND OF ROBBERS. 
 
 4»y 
 
 tioii, 
 
 the 
 iting 
 fety, 
 udgc 
 rgan- 
 n tlie 
 L the 
 1 one 
 lot bo 
 OSS iu 
 night, 
 itmen, 
 
 three 
 le was 
 I Ibuv 
 •de by, 
 attack 
 to the 
 jc time 
 mean 
 indie - 
 
 Dhviou 
 
 lemou- 
 
 reen- 
 , power 
 Ut for 
 ^ion, it" 
 
 res re- 
 trial, 
 .t his 
 
 leased. 
 
 IS vie- 
 
 indred 
 
 lion of 
 
 to be 
 
 inaugurated. Many ineffectual attempts had been 
 made for the arrest of the leaders of the gang, which 
 was at last accomplished by the sacrifice of some of 
 the lives of Los Angeles' best citizens. In January , 
 1857 one Garnet Hardy started for San Juan with a 
 fine team of four American horses. He reached his 
 destination in safety, but was told that the banditti 
 were in that vicinity and were more reckless than 
 over, and that he could not return alive. Hardy 
 sent this information to his brother in Los Angeles, 
 whereupon a party was organized by Sheriff J . R. 
 Barton to start in pursuit of their much coveted prey. 
 William H. Little, Charles K. Baker, Charles F. 
 J^aley, Frank Alexander, and Alfred Hardy volun- 
 teered their services, and an unarmed Frenchman 
 acted as guide. In the mean time the banditti wore 
 committing robberies and murders in a most defiant 
 manner. Several instances might be given, but one 
 will suffice: They entered the house and store of 
 George Flughardt, where they at once brutally mur- 
 dered the proprietor, and then, while securing their 
 plunder, ordered Flughardt's assistant to serve tlieui 
 a good supper, which they ate with a relish while the 
 body of their hapless victim lay outstretched before 
 them. 
 
 On Friday morning the 23d of January 1857, the 
 sheriff and his little force arrived at Sepiilveda's ranclio, 
 where the Frenchman had been employed many years 
 as vaquero. From the Mexicans he learned that fifty 
 of the banditti were at that time among the nioun- 
 tains, and that an attack upon them would be sure 
 death to the Americans. Nothing daunted they 
 dashed on, for they were close upon their prey, whoso 
 numbers they thought were undoubtedly exaggerated. 
 Having advanced about twelve miles, at a spur of 
 the San Joaquin Rancho Mountains a man was seen 
 galloping rapidly away. Little and Baker rode for- 
 ward to keep him in sight, when a band of twenty 
 men rushed out from between the hills and fired upon 
 
500 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 \^ w 
 
 and killed thcni. Barton and the others rode (juickly 
 forward, but were at once surrounded. The four 
 charged valiantly upon the robl)ers, whose overwhelm- 
 ing numbers soon ended all resistance, not, however, 
 until three of the banditti had fallen. Hardy and 
 Alexander alone escaped; they recognized their dan- 
 ger, and owing to the superior lleetness of their horses 
 eluded pursuit. 
 
 Information of the disaster was at once conveyed 
 to El ]\Ionte and Los Angeles. On the following day 
 the bodies of the four men w'cre found. They had 
 evidently been fired upon after death. Their watches 
 were gone and all their pockets empty. 
 
 Sheriff Barton was one of the bravest and most 
 conscientious of Los Angeles' officials. His life had 
 been endangered many times, but his duty was never 
 neglected on account of personal danger. Three years 
 previous, when Brown was in his custody, he valiantly 
 refused to deliver him to the people, though from his 
 will, discovered after his death, it was seen by the 
 date, January 11, 1854, the night previous to the 
 execution of Alvitre, that he realized that his life was 
 jeopardized. Barton and his associates were eulogized 
 by the local press as among the noblest and most 
 res|)ected of their fellow-citizens. 
 
 ] )eliberate action was taken for the arrest of the 
 ruffians. It was determined that a large company 
 should be formedf^dnd, divided into detachments, 
 should attack the roljbcrs in their mountain fast- 
 nesses. One division was composed of El Monte men, 
 twenty-six in number, commanded by Bethel Coo]i- 
 wood; another was of native Calilbrnians under com- 
 mand of Andres Pico, who, starting from Los Angeles 
 with nineteen men, was reenforced at Pio Pico's 
 rancho and elsewhere, so that he had a company of 
 iil'ty men in all. He also secured the valuable services 
 of I'orty-five natives, with their captain, Manuelito, 
 by whose aid the mountain passes were effuctually 
 guarded. The third comj)any was under command 
 
SEARCH FOR BANDITTI. 
 
 501 
 
 of James Thompson, and numbcrocl originally twonty- 
 sovcn men; likewise Thompson received the coopera- 
 tion of United States troops from Fort Tejon, which 
 he stationed most advantageously at San Fernando 
 Pass, Simi Pass, Scorpion liancho, and on the main 
 Santa Barbara road. 
 
 The first step taken by Andr(5s Pico was to send 
 native spies into the mountains to discover the hiding- 
 places of the robbers. Acting in concert with El 
 ^[onte men, their force numbered over one hundred. 
 The spies returned and reported the camp situattsd at 
 the head of the Canada do Santiago, and that if an 
 assault could at once be made the whole band would 
 be captured. It being a dark night, they were 
 ()l)liged to wait until early morning, when as they 
 were making an advance they saw Juan Flores 
 watchinii: their movements from an ovcrliani;in<' lock. 
 He was beyond the reach of attack, and [)rocec(lt'd 
 on iartl"r and higher with his men, of whom all 
 but two were on horseback. The mountains in wliidi 
 the Mexicans had taken refuge were almost inaccessihU' 
 even on foot, and while the Americans were following, 
 tliey were eluding pursuit by most reckless daring. 
 Juan Flores, Jesus Tllspinosa, and Leonardo Lo|)ez, on 
 mounted horses, slid down a precipice to a kind <>f 
 piojecting ledge fifty feet below, where, abandoning 
 their animals, by the aid of brush growing u[)ou an 
 almost perpendicular wall, they descentled five hundred 
 feet. Then escaping into an adjacent mountain, tliey 
 continued their course througli dense chaparral. Fran- 
 cisco Ardillero and Juan Silvas, afraid to undertake 
 tile (lospiTatc venture of their leaders, wi^re captured 
 l)v the onijirds. 
 
 The trail of Flores and his companions was dis-ov- 
 eicd. Seeing that they were pursued, they concealed 
 themselves in a cave in the Canada, but overpowered 
 l)y numbers they were at last captured on Sunday, 
 I'ebruary 1st, and taken to the rancho of Teotlocio 
 Verba, six miles distant. 
 
COUNTRY COMMITTEES OF VIGILANCE. 
 
 The glad news of their capture was quickly fol- 
 lowed by the exasperating intelligence of their escape. 
 It seems that, though bound and under guard, they 
 slipped away in the darkness of midnight, and not- 
 withstanding their flight was immediately discovered 
 they were once again free men. 
 
 The disposition of Thompson's party has already 
 hccn mentioned. On the following Tuesday, February 
 3d, a Mexican searching for water was suddenly ac- 
 costed at Simi Pass by two soldiers, who with levelled 
 guns ordered him to dismount, which he at once did. 
 His liorse was a miserable mustang, and the man un- 
 armed. In reply to questions he gave his name as 
 Sanchez, from San Fernando mission, and said that 
 he was hunting horses. Upon being taken into camp 
 he was recognized as the redoubtable Juan Flores. 
 His companions escaped for the time, but retribution 
 eventually overtook most of the band. Flores was 
 wounded in the right arm by his own gun, which cx- 
 pl(Klcd when leaping over the precipice. Mr Thomp- 
 son brought his prisoner to the jail at Los Angeles, 
 attending him, at his own request, to his cell. The 
 siglit of the assembled people seemed to destroy his 
 self-possession, which was regained, however, when he 
 found himself in the hands of the law. 
 
 At the time of Flores' escape from the guard on 
 Sunday night, Andres Pico became alarmed for the 
 safety of his prisoners, Silvas and Ardillero, and de- 
 termined upon their immediate execution. They were 
 hanged about twenty miles from the place of their 
 capture. Many hardships were endured by the vol- 
 unteer corps in their hazardous undertaking. They 
 were eleven days searching the country for the fugi- 
 tives. Fifty-two men were captured and lodged in tlio 
 Los Angeles jail, and these once formidable banditti, 
 at last rendered powerless, were disbanded. All of 
 those arrested were tried, but little could be proved 
 against them, and the larger part of the prisoners 
 were discharged for want of evidence. The most 
 
WHOLESALE HANGING. 
 
 503 
 
 prominent among the criminals executed was Juan 
 Flores. After a week's imprisonment the people as- 
 sembled to decide his fate. It was proposed that he 
 should be immediately executed, to which suggestion 
 the crowd gave its unqualified approbation. Mean- 
 while several persons mounted a platform and lia- 
 rangued the people, advising them to execute at the 
 same time three JSIexicans, two of whom had robbed 
 a horseman in the Tojon, the third having attempted 
 liis assassination. This proposition was subjected to 
 vote, resulting in a small majority in favoi- of leaving 
 them to the disposition of the courts. 
 
 The people now directed their way to the prison, 
 where Flores awaited his fate. He was a young njan of 
 prepossessing appearance, and but twenty-two years 
 of age. Dressed in black coat, light vest, and white 
 pants, and with aspect subdued, there was nothing to 
 indicate the formidable desijoiado of a fortniixlit auo. 
 He acknowledged his blood-guiltiness, but said that 
 Pancho Daniel was the leader of the gang rather 
 than he. Two priests accompanied the [)risoner to 
 the scaffold, which was erected on the hill, a quarter 
 of a mile distant, where an immense crowd luid con- 
 gregated. Companies of Monte men, Californians 
 and Frenchmen, mounted and on foot, were prepared 
 to enforce order if necessary. Flores preserved a 
 calm demeanor to the last; he himself adjusted the 
 rope, which unfortunately was badly done, causing him 
 much suffering. 
 
 On the 2d of February a young fellow of but 
 eighteen, Jesus Espinosa, was captured and executed 
 at Santa Bdrbara. He was one of Flores' confedei"- 
 ates, escaping pursuit as before described. He freely 
 confessed to Father Serrano his guilt. 
 
 Another of the gang, one Berryesa, was also hanged 
 a day or two later by the people. He had been exe- 
 cuted, as was supposed, in Santa Clara Coimty, and 
 his body delivered to his friends, who, however, had 
 
I 
 
 PU'' 
 
 Tl : 
 
 
 
 I 
 
 504 
 
 COUXTUY COMMITTKKS OF VlfJI LANCE. 
 
 effected his resuscitation. Since then he liad com- 
 uiittoil otiier niurilers. The marks of the rope about 
 his neck were plainly visible at the time of his final 
 execution. 
 
 On the 29th of January, Mij^uel Soto and others 
 attacked Cyrus Sanford at San Gabriel mission. 
 Santord returned the fire, shootinjjf Soto in the thij^h. 
 Soto then took refuoe in the marsh near by, covering 
 his body with weeds and mud. Several citizens now 
 came to Sanford's assistance, and settinjjf fire to the 
 weeds soon exposed Soto to view. He was at once 
 shot. His companions were subsequently arrested. 
 They were named Juan Valenzuela, Pedro Lopez, and 
 Dicjjo Navarra. These banditti were amonff the first 
 on whom fell vengeance for Sheriff Barton's death. 
 They were led out to be hanged, but the rope proving 
 too short they were shot. 
 
 The citizens of Los Angeles were no less surpristnl 
 than delighted to see the carcass of the notorious bantlit 
 Panclio Daniel hanging in the gate- way of the jir'- 
 yard on the morning of the 30th of November IF 
 By his band four of Sheriff Barton's yjo.v.yc, in 
 dortaking their capture, had been killed nearly tw<> 
 years before, as already described. A reward of 
 twenty-five hundred dollars had been offered by Gov- 
 ernor Johnson for his arrest, and fifteen hundred 
 dollars additional by the citizens. On the 1 9th (»f 
 January 1858 he was captured by the sheriff, who 
 found him in a hay-stack near San Jose. After his 
 arrest part of the time he was confined in prison and 
 part of the time at large on bail; he had undergone 
 three attempted trials in the courts, and the last 
 move was a change of venue to Santa Barbara; in 
 other words, the law had concluded to let the robber 
 loose. 
 
 The patience of the people was exhausted. It was 
 simply infamous, this j)rostitution of the law by its 
 ministers for the sul>servience of their own selfish 
 
THE CASK OF PANCrro DAXIFIL. 
 
 008 
 
 ends. A liundi'od dwrllinujs iniu;lit luiiii, n hundrod 
 tnivellors iniglit bo .sto[)p(Ml u[)<>!i tin* liiL"li\v;iy, so tluit 
 tliu pettifogger sociired his toe and tlu' Judge his sul- 
 jiry. Of the greutc^st Jidvaiitage to tliic^vcs was sueh 
 achninistratiou of law: better fai' for iheni than if 
 there iiad been no law. For if no law against stealing 
 existed all the world would turn tliioves, and tliero 
 would be no one left to steal from. As it is, all tlio 
 robber must needs do is to steal enough, then divide 
 the j)lundcr with his attorney, and he is fi'ee. The 
 oxaetions of the law, so far as he is eoneerned, arc 
 only a protective tariff which secures him against 
 ruinous opposition in his business. 
 
 The people of Los Angeles concluded tliat the farce 
 had lasted about lonij enoujjh; so i)ne nij^ht about 
 two hundred and twenty of them met ami rt-solved 
 that before the sun rose again the Pancho Daniel 
 venue would be changed to a point farther away than 
 Santa Barbara. 
 
 Luckily the sheriff was absent, hunting Andtes 
 Fontes, one of Daniel's band, who had been seen 
 luiking in that vicinity. Attention generally w.is at- 
 tracted in other directions. There was IJamiiiigs new 
 steam yacht from San l^^rancisco, and ^[{uir a concourse 
 of [)eople, accompanied by tlu; brass band, had gone to 
 San Pedro to celebrate its arrival. An emigi.uit train 
 had just come in. Then thert' were many strangers in 
 town on their way to and from tlie CJila mines, whose 
 conversation drew attcntioix toward that quarter. 
 
 Part of the two hundred and twenty thought they 
 should onjoy sleeping in a corral near the jail; so they 
 tried it. The otliers, fascinated by the charms of an 
 early semi-tropical morning, rose before the break of 
 day and strolled toward the jail, common attractions 
 seemingly lying in that direction. But just bclore 
 reaching the spot whither they tended, singularly 
 enough they all disappeared, vanished into thin air; 
 so that when the old methodical jailer just at dawn, 
 as was his custom, appeared with his basket on the 
 
606 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 way to market, not a soul was to be seen. Before he 
 had taken twenty steps, however, from the gate which 
 he had just carefully locked, many were to be seen. 
 He thought ho saw a thousand, but there were only 
 two hundred and twenty. 
 
 The old jailer at once permitted himself to be over- 
 powered by numbers, and the key to be gently wrested 
 from him by the courteous though resolute citizens. 
 The law loves verbiage, and this limb of it wished the 
 outrage to bo consummated in every particular, though 
 with whatsoever degree of gentleness and affability 
 the outragcrs should please. The two hundred and 
 twenty, with the key in their hand and the jailer their 
 prisoner, had but to finish their work, which they did 
 so quietly as not to disturb the morning sleep of anj'' 
 in Los Angeles. Commenting upon another case, the 
 Los Angeles Star of October 19, 18G1, says: 
 
 "Wo li.ive ever been, and still aro opposed to mob law; but if ever aii 
 occasion can arise when the righteous indignation of a people will prompt them 
 to the instant punishment of an enormity whoso hellish atrocity appalls the 
 stoutest licart anu shocks the moral sensibilities of the most obdurate or the 
 most obtuse, the pi-cscnt is that occasion. Here is the stoi-y : A young man, 
 a Californian named Francisco Cota, living with his mother on Spring street, 
 was observed sharpening a knife, and in reply to a question as to its in- 
 tended use, ho said ho wanted it to cut up meat with. On the following day, 
 Thursday, ho entered tho grocery store of Lorenzo liCck, and gave an order to 
 Mrs Leek, who was alono at the time, her husband and his clerk being away 
 for the day. As she turned to obtain the goods, Cota stepped up and struck 
 her on the neck with his knife, almost severing the head from tlic liody. 
 Then stabbing her again two or three times, he fled, covered Avith her blood. 
 Some few minutes eliipsed before tho murder was discovered, although perpe- 
 trated ill the mivldle of the forenoon and in a populous neighborhood. The 
 alarm was given by a little daughter of Mrs Leek, but five years of age, who 
 ran into a neighbor's house, frightened and crying, with her baby-brother 
 clinging in terror to her hand. The child said her mamma was on tho floor 
 with lier hcail cut off. As soon as the dreadful truth became known thorough 
 search was made for the murderer. He was found in a house near tho mili- 
 tary camp, under a bed -, his knife was discovered, concealed between the 
 matti-esscs, and his ))loody clothing markeil his guilt. He was placed in a 
 wagon and convoyed to the jail, tho greatest difficulty being experienced in 
 pi'cventing hi.s seizure l>y tiio people. A public meeting was held in the 
 afternoon, handbills liaving been issued asking tho citizens to meet at the 
 Lafayettu Hotel at three o'clock. A committee, appointed for the purpose, 
 
MORE HANGING. 
 
 m 
 
 e he 
 hich 
 5cen. 
 only 
 
 over- 
 csted 
 izcns. 
 d the 
 lOUgh 
 hiUty 
 d and 
 ' their 
 cy did 
 )t' any 
 se, the 
 
 f ever an 
 
 iinpt them 
 )paUa the 
 itc or the 
 )uug mivn, 
 ng street, 
 to its in- 
 kving <lay, 
 In order to 
 ing away 
 ind struck 
 [the hody. 
 her blood. 
 |igh pcrpe- 
 ,od. The 
 age, who 
 )y -brother 
 li the iloor 
 thorough 
 the niili- 
 Itween the 
 ilaced in a 
 Iricnccd in 
 dd in tlic 
 keet at the 
 purpose. 
 
 waited upon the authorities, who promised an immediate examination. The 
 prisoner was at once brought before Justice Peterson, who, allowing him until 
 ten o'clock the next morning to procure counsel, ordered his removal to jiiil. 
 As the officers with tlie prisoner were emerging from the court-room, they 
 were surrounded and seized by a crowd, and hurried off to Alameda street, 
 meeting with some resistance on the way from citizens who undertook to 
 rescue the prisoner, repeatedly cutting the rope with ■wliicli he was bound. 
 Tlu-ir cflforts were unavailing, as the lifeless body of Francisco Cota, suspended 
 from the cross-bar of a gate-way, soon attested. No reason could be assigneil 
 for the murder, perpetrated coldly and with premeditation, upon a woimin 
 who had never injured or even provoked him, to any one's knowledge." 
 
 John Rains was a prominent resident of Chino, San 
 Bernardino County. He was estimated to be wortli 
 two hundred thousand dollars, and owned the Comongo 
 Ranclio. On the iTth of November 18G2, as he was 
 travelling alone and unarmed, he encountered several 
 men, one of whom inquired where he was going. 
 Rains replied, "To town." "I think not; we've got 
 you now!" was the rejoinder, and immediately he was 
 fired upon by the assassins, who jerked him from liis 
 horse by one arm. As he was still able to make re- 
 sistance, they lassoed him and dragged him across tlio 
 road into the bushes, where his body was afterward 
 found, bearing marks of most brutal treatment, iiis 
 clothing torn oif, and one boot lost in the struLr!j:)e. 
 The murder was committed for the sake of plundei. 
 
 Upon suspicion of participation in this crime, Manuel 
 Ceredel was arrested. Taken ill with small-pox, and 
 thinking himself about to die, Ceredel disclosed all 
 the particulars of the conspiracy against Rains, in 
 consequence of which several parties started in pursuit 
 of his confederates, arresting five or six, who were 
 identified by Ceredel. Recovering somewhat unex- 
 l)Gctedly, Ceredel was tried and sentenced to ten years 
 in the state-prison, a decree that did not satisly the 
 people. While in the hands of the sheriiF, on board 
 the steamboat Cricket, en route for San Quentin, tlie 
 ])risoner was seized by the Vigilance Ct)mmittee of Los 
 Angeles and hanged to the yard-arm. After remain- 
 ing there for about twenty minutes, the bod}' was 
 
508 
 
 COUNTRY COMMITTEES OF VIGILAXCE. 
 
 taken clown, some stones were tied to the feet, and it 
 was thrown overboard. Between betrayed comrades, 
 small-pox, state-prison, and vigilance, further residence 
 on this planet seemed for Ceredel impossible. 
 
 On the 5th of February 1864 Santiago Sanchez 
 was hanged for the murder of Manuel Gonzalez. He 
 admitted his guilt, but protested that his arrest and 
 execution were to gratify the spite of Americans 
 who suspected him of the murder of John Rains, a 
 charge of which he was innocent. In June 1864 Josd 
 Ramon Carrillo, while riding with a Californian on 
 the highway near the stage station Cucamougo, was 
 shot by a man in ambush, who escaped without having 
 been seen. The cause of the cowardly assassination 
 was attributed to the suspicion that had always been 
 entertained that he was accessory to the murder of 
 John Rains in November 1862. Although he had 
 twice surrendered himself to the authorities for trial, 
 his examination and release did not remove the feeling 
 entertained by the friends of Rains, and Carrillo liad 
 felt his life endanijered ever afterward. His assassin 
 was never known. 
 
 On the 15th of November 1863 an affray occui'ied 
 on the streets of Los Anu'cles. when officer Hoi-ter, in 
 endeavoring to make an arrest, was brutally beaten l)y 
 a noted liiiihwavnian, Boston Daniewood, wlio was 
 assisted by his allies. The next morning tlie sheriff 
 with his posse arrested five desperate characters, but 
 in doing so was fired upon by their friends. In tln' 
 fight that ensued one of tlie ruffians was killed and 
 another wounded. The names of tlie prisoners were 
 Boston Daniewood, Jose Olivas, Chase, Wood, and 
 Il)arra. Each had a history of crime. Daniewood, 
 the most notorious, was at one time on the police 
 force in Los Angeles. Leaving the profession of de- 
 tecting crime for the more allurini; one of committing 
 it, he proceeded to Colorado and there murdered a 
 miner, from whom he obtained a large sum of money. 
 
THE HERO WILKINS. 
 
 509 
 
 At the time of his arrest a committee from La Paz 
 was appointed to bring him to their territory, where 
 his crime could easily be proved. The second in order 
 of vice was Olivas, undoubtedly the murderer of (jne 
 John Sylvester at Tcjon several years before. He 
 was tried at the time, and though the circumstantial 
 evidence asfainst him was of the stronfjest character, 
 he was acquitted. His subsequent career stamped him 
 in unconscionable villain. The third, named Chase, 
 was a notorious horse-thief, whose arrest had been 
 long predetermined. Wood and Ibarra were high- 
 waymen recently released from prison. 
 
 Judge Hayes received intimation that the people 
 had threatened to take the prisoners from the jail and 
 execute them. Accordingly he issued a call for addi- 
 tional aid from the local and military authorities. 
 Before his request could be complied with the jail 
 was surrounded on the 21st of November by two 
 hundred armed citizens, who forced the iron doors and 
 seized the five prisoners above mentioned. Leading 
 them to the corridor in front of the old court-house, 
 over the beams of which ropes had been placed, tliey 
 hanged them all. 
 
 John Sanford, a prominent citizen of Los Vngcles 
 County, while riding in a buggy to his she* |»-rancli 
 on the 6th of December 18G3, overtook two j)cdt's- 
 trians, one of whom, Charles Wilkins, had been em- 
 ]>loyed for several months in the vicinity of Fort 
 Tejon as sheep-herder. Sanford spoke to Wilkins, and 
 engaged his services on the spot; taking him into his 
 buggy, he proceeded on his journey. Al'ter riding a 
 few miles Sanford stepped from the buggy, leaving his 
 loaded pistol lying on the seat. Wilkins picked up 
 the weapon, seemingly suggestive of un[)rt'm(.'ditatod 
 crime, and while the owner's back w^as turned shot 
 liini dead. Then rilling his pockets, he mounted one 
 of (he horses and rode off. A week after Wilkins was 
 captured at Santa Bdrbara and brought to Los An- 
 
! 
 
 ilO 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 geles where ho was legally tried. He was indicted 
 before a special grand jury; and while being brought 
 into court for trial before Judge Hayes, a brother of 
 Sanford attempted to shoot him. Assassination failing, 
 Wilkins pleaded guilty, and at the conclusion of the 
 trial, in which he was convicted of murder in the first 
 degree, the court-house was ordered cleared, and the 
 [)risoner remanded to jail to receive his sentence the 
 next morning. The people, apprehensive of his pos- 
 sible escape, made a rush into the court-house, and 
 taking the prisoner into their custody, carried him to 
 Banning's corral, where they hanged him at a gate- 
 way. This was the seventli man within a month 
 who had been executed by the Vigilance Committee 
 of Los Angeles. The confession made by Wilkins 
 soon after his arrest gives indubitable proof of his 
 diabolical character. He said that he killed Sanfoid, 
 thinking he might have some money; he did not 
 know that he had any, but took the chances, and se- 
 cured only twenty dollars. In reply to the question if 
 liis conscience troubled him, he said, "No; I have 
 Icilled eight other men, and think no more of killing a 
 man than a door." He stated that he was an Ensflish- 
 man, and that his parents were jVIoimons, living at 
 Salt Lake. He was but seventeen years of age when 
 he committed his first murder. He was implicated in 
 the Mountain Meadows massacre, in which he ob- 
 tained several thousand dollars. Afterward he killed 
 one Blackburn, getting his money and mules. Wilkins 
 was a noted horse-thief He stated that he and two 
 companions were pursued by a party from Los An- 
 geles and San Bernardino two years before, who 
 followed them through Canon Pass, overtook them, 
 and recovered forty horses. His companions wcri; 
 captured and sent to the state -prison, but Wilkins 
 escaped to the mountains, and then went in pursuit 
 of further prey. A series of crimes resulted in his 
 arrest at San Luis Obispo, and subsequent confine- 
 ment in the state -prison. He was the leader of sev- 
 
A NEW COMMITTEE FOR I.OS ANGELES. 
 
 611 
 
 eral in breaking from the prison, and helped to hold 
 Lieutenant-governor Chellis before the guns to pre- 
 vent being fired upon by the guard. He was near 
 Yroka in 1862, with a Mexican who had escaped from 
 prison with him, when they met two men, one of 
 whom v/as a drover named Carr. These men they 
 ])roposed to kill and rob. Wilkins said ho would shoot 
 Carr, whom they supposed carried the most money, 
 for, ho boasted, '' I never miss my man." The Mexi- 
 can bungled his job badly, shooting four or five times 
 and then jjcrmitting the man to escape. Neverthe- 
 less they obtained three thousand dollars from the 
 body of Carr, and evaded detection. 
 
 About six weeks before his final arrest Wilkins was 
 ut the Bella Union Hotel in Los Angeles, where he 
 stole a revolver and a knife, which he gave to a young 
 man named Woods and told him to go out on the 
 road and earn his living with them rather than hang 
 about the dance-houses doing nothing. Woods wont, 
 but his career was a short one; for he, with an accom- 
 plice, Ibarra, was arretted by the Vigilance Committee 
 and executed with three others, as before mentioned. 
 
 While Michael Lachenai lay in })rison for the 
 murder of Jacob Bell and other villainies wh'ch he 
 was known to have committed, the Vigilance Com- 
 mittee of Los Angeles assembled at Sterne Hall to 
 the number of three hundred. This was the morning 
 of the I7th of December 1870. It did not take them 
 long to agree unanimously that Lachenai should be 
 hanged, and that imiiiediat(!ly. At eleven o'clock the 
 connuittee proceeded in three divisions to the jail. 
 On their way, as they marched through the streets, 
 they were joined by about a thousand citizens, who 
 encouraged them by their unqualified approbation. 
 A half hour was consumed in battering down the jail- 
 doors. Then entering the cell of Lachenai, they threw 
 a rope round his neck and led him to a place two 
 squares distant, where they hanged him. He was pre- 
 
If 
 
 r.H 
 
 COUNTRY COMMITTEES OF \^GILANCE. 
 
 viously allowed to make a few remarks, when he con- 
 fessed his guilt, but expressed no eontrition. The 
 sheiifT and his officers made all possible resistance, 
 but could not obtain the cooperation of any of the 
 citizens, as all were in sympathy with the Vigilance 
 Connuittec. This was tlie fii-st important action taken 
 by a newly organized Vigilance Connnittec, which 
 was Ibiined that month, with Signouret as president. 
 Thougli at so late a date, when justice had been ad- 
 ministered in their courts for a quarter of a century, 
 it was com])osed of over five hundred of the best and 
 most influential citizens in the place. In a card which 
 they published they defined their position and pur- 
 pose in the following terms: 
 
 "Our object in thus associating together is not to inaugurate mob law, as 
 wc most sincerely regret the necessity that compelled the organizatiou. We 
 do, however, now that the society has Ixjen organized, intend to protect the 
 life and property of innocent persons to the best of our ability ; and whenever, 
 in our judgment, after mature deliberation and without haste, any assassin 
 luiH been set free where the evidence should have convicted him, then, and 
 not till then, shall wo meddle with the course of the law. Wo are nut 
 actuated by any blood-thirsty motives. Our actions are based upon tlie 
 principles of Inimanity and justice, and we do not intend to depart from them ; 
 and while we, as law-abiding citizens, are in duty bouml to venerate the laws 
 under wliich we live, and be subordinated to the government, wo cannot an<l 
 will not submit to incompetency and iml>ecility in those who have been placed 
 in power to administer these laws ; and in the carrying-out of those stern reso- 
 lutions wo pledge our lives, our property, and our honor." 
 
 Others took a very different view of the matter, as 
 the following from the Oakland Transcript testifies: 
 
 "A communication in the Los Angeles News, in answer to the recent pro- 
 nunciameuto of the V^igilance Committee organized there, thus comes out upon 
 the Regulators: 'Is it ri^ht in the sight of God or man for any set of men to 
 band together to connnit murder? If the conimittct! wished to bring olTeml- 
 ors to justice, they siiould have organizid under the law, anil in aid of its 
 administration. Moral reformers should not set all morals and all law. huin;iii 
 and di\ine, at deliance. In their (irst manifesto the connuittec siiy in suli- 
 stani'o that they dt; not intend to take raiy further action unless, after tii J 
 by the courts, tliero is a failure of justice. Decidedly not ! That is, iiftrr 
 trial in the district and (ni]iri'nie courts a party is tried and acMiuitted of tin; 
 char^;o of iioniicidc! or other crime, a ooianiittec of confessed murderers will 
 eit in judgment of the case and ivverso tlie decision, and hang the acctiHcil 
 
LAW AND THE PEOPLE. 
 
 513 
 
 n- 
 hc 
 
 CO, 
 LU'C 
 
 licli 
 cnt. 
 
 ail- 
 my, 
 
 and 
 liich 
 
 pur- 
 
 law, aa 
 
 ^^. We 
 itcct the 
 hciicvcv, 
 assassin 
 ;hcn, and 
 urc nut 
 
 ipou 
 
 the 
 
 )iu thcni ; 
 the laws 
 nnot anil 
 icu plactil 
 torn rese- 
 
 tter, as 
 
 tstilies; 
 
 Bccnt vvo- 
 j out ui><'u 
 lof men to 
 In" ollVnil- 
 liikl of it^ 
 Uv. \uun:ui 
 |iy in ^^"''• 
 idtcv lull 
 ,t us, "'■'>''■ 
 twl of ^'"^ 
 lerevrt will 
 [ho uecu!i<-il 
 
 and acquitted if the judgment of the courts does not square with their ideas 
 of right and law. Surely a blood-stained Daniel has come to judgment. If 
 an honest jury and learned judge mistake tlic law, is society any safer in the 
 hands of an ignorant association of green-grocers? If a leanied judge errs, it 
 is not very i^robable that ho will bo improved upon by a dealer in old clothes, 
 or that the old-clothes man will be any more honest than a sworn juror. It 
 was poor policy for tho committee to court discussion in the public press. 
 They arc tolerable stranglers but very bad logicians. The sooner they hide 
 themselves from the light of day the safer they will be.'" 
 
 These views accord with the opinion of a large and 
 highly respectable class in the community, but it seems 
 to me comprehensive and candid research points to 
 different conclusions. Situation and circumstances 
 are too often lost sight of Setting these aside in 
 the present instance, and regarding the question in 
 the abstract, is it right to band to commit murder? 
 that is to say, to execute capital punishment? De- 
 cidedly 3^es. The judge upon the bench is but tho 
 representative of men banded together to "commit 
 murder ;" the jury, in this sense, band to commit 
 murder. The law is but a machine made by the people ; 
 if it works well, so much the better for all concerned. 
 Those who made it rejoice in the perfection and effi- 
 ciency of their handiwork as much as any one; if it 
 tails in its purpose it is folly stubbornly adhering to it 
 to the demoralization or destruction of society. In 
 order to the right comprehension of this subject, the 
 superstition of the fixedness and fatality of forms of 
 law, amounting to unapproachable, untouchable neces- 
 sity, must be dispelled. Those who made the law 
 have the right at any moment, formally or informally, 
 legally or illegally, to abrogate it. The necessity to 
 adopt extreme measures is always to be deplored, is 
 always deplored most of all by those resorting to it. 
 ihit if they have not the right to throw aside a 
 worthless machine, then the machine is greater, more 
 inexorable and divine than the maker, which is 
 absurd. That district and supreme courts are beyond 
 the comprehension or control of the people is but 
 another form of the same superstition. Judges and 
 
 Pop. Tbib., Vol. I. 33 
 
514 
 
 COUNTRY COMMITTEES OF VIGILANCE. 
 
 juries are proverbially uncertain and liable to error. 
 The people, acting en masfte, are likewise subject to 
 mistake; but the people, being sovereign, are un- 
 restricted by forms which too often hamper judges 
 and trammel justice. If the people are sovereign at 
 all, they are sovereign always; if they have the right 
 to make laws, they have the right to suspend or annul 
 them, formally or informally, if they possess the power 
 and inclination to do so. The people are sovereign, 
 yesterday, to-day, and forever. God invests them with 
 this authority, and that without intervention of pope 
 or potentate. It is better to have a settled policy in 
 everything and work up to it; if the policy is bad 
 change it, without interference with custom and habit 
 if practicable, but if necessary at once and arbitrarily. 
 
 mr 
 
 m 
 
uu- 
 
 CHAPTER XXX. 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 Like one that on a lonesome road 
 
 Doth walk in fear and dread, 
 And, having once turned round, walks on 
 
 And turns no more hia head, 
 Because he knows a frightful fiend 
 
 Doth close behind him tread. 
 
 Coleridge. 
 
 Notwithstanding the strength and dignity given 
 to justice by the more calm but no less determined 
 tribunals of the larger cities, mobocracy was still the 
 almost universal remedy throughout the mining and 
 agricultural districts. Much machinery was out of 
 place where there were no jails, and there was a 
 directness about the business most refreshing when a 
 criminal was caught, tried, and executed all within an 
 hour. Nor was it alwa3's convenient or possible to 
 organize; hence justice continued to be administered 
 in various localities in the form and spirit of moboc- 
 racy. I will now continue the chronological record 
 of such instances as have come under my obstirvation 
 from. June 1851, where it was dropped in a former 
 chapter. 
 
 To the outward observer the lines between \igil- 
 iince and the mob spirit were not in every instance! 
 clearly ap])arent. For example, when two In'iians 
 and two white men were publicly whipped at Benicia 
 the 15th of July 1851 for robbing trunks and steal- 
 ing horses, the latter being likewise branded on the 
 thigh, the actors may or may not have been members 
 oP a vigilance committee. 
 
516 
 
 E^ELICmES AND ALLEVIATIONS. 
 
 iii I 
 
 Vii I 
 
 An Indian who on the 1st of August attempted 
 to shoot a Mr Verro, was taken to Johnson's rancho, 
 tried before a jury of the people, sentenced to thirty- 
 lashes, and the punishment inflicted before a large 
 number of his tribe there present. Considering the 
 circumstances the punishment was mild. In many 
 localities the firing at a white man would have in- 
 volved the massacre of the entire raneheria of the 
 natives who did it. Notwithstanding which, if every 
 white man who had unjustly or unjustifiably shot at 
 or shot an Indian had been given thirty lashes, 
 there would have been many sore backs in the great 
 west, to say nothing of the east, during the period of 
 its pacification, and subsequently. 
 
 At Ophir a man named Haynes was arrested and 
 tried b^ the people the Gth of August on the charge 
 of robbmg a miner of four hundred dollars. The evi- 
 dence was wholly circumstantial, and the jury could 
 not conscientiously convict the prisoner. Without 
 intending to hang him, they thought possibly they 
 might extort a confession of guilt. Taking the man 
 to a tree near by, they threw a rope over the limb and 
 told Haynes to prepare for death. It was a ghastly 
 joke. The poor fellow protestetl and prayed, and 
 finding they could get nothing out of him, his tor- 
 mentors finally let him go. A very moderate mob. 
 
 In the prison at Monterey on the 9th of August 
 occurred a killing which approaches nearer to murder 
 than does even mob law. William Otis Hall, alias 
 Bill Woods, had been adjudged to death by the 
 people the April previous for horse-stealing. Rescued 
 from the mob by the authorities, Hall was lodged in jail. 
 Malcing his escape, he was retaken, tried, and sentenced 
 by the court to four years' imprisonment. About mi 
 night of the date first named a party of eight men 
 masked, with scrapes thrown about them, broke int 
 the jail, gagged and bound Marshal Clapp, pinioned 
 the prisoner, then winding a hide reata round his 
 neck they tightened it to his death. This act was 
 
 (i- 
 
 () 
 
VARIOUS PUNISHMENTS. 
 
 817 
 
 condemned by the entire press tliroughout the state 
 From the evidence before me I am inclined to the 
 belief that the perpetrators of this deed wore not 
 citizens of the place, but accomplices of the prisoner, 
 who adopted this means to prevent confessions im- 
 plicating themselves. 
 
 On the 10th of this same month James Graham 
 and Alexander Leslie went out prospecting and hunt- 
 ing in the hills near Greenwood Valley. Leslie carried 
 on his person six hundred dollars, of which circum- 
 stance Graham was cognizant, and he determined to 
 obtain the money. Falling a little behind, Graham 
 l){)inted his gun in the direction of Leslie and fired, 
 the shot just grazing Leslie's hair. Graham hastened 
 to apologize, saying that he aimed at a squirrel. But 
 sliortly after, while Leslie was stooping to pick up liis 
 mining tools, Graham fired again, with buttei' success, 
 the ball entering Leslie's body. Rifling the victim's 
 pockets, Graham started for San Francisc(j, wliero ho 
 deposited the stolen gold-dust, with twelve hundred 
 dollars of his own. Leslie's absence excited the sus- 
 picions of friends, ami they pursued and captui-ed 
 Graham, who denied all knowledge of the fate of 
 Leslie. In the mean time Leslie, though left for dead, 
 was not mortally wounded, and revived sufficiently to 
 make his way after some days back to town. When 
 he confronted Graham, as denial was no longer of usi-, 
 (Jraham explained that the shooting w^as accidental, 
 and supposing Leslie was dead, he thought he could 
 make as good use of the money as any one. The ex- 
 planation did not satisfy the miners, and Graham's 
 death was at once determined upon. To use the lan- 
 guage of the times from the mouth of a by-stander, 
 "They gave him a big drink of brandy, set him on a 
 box in a wagon, ornamented his neck with a hempen 
 tic, and sent him cross-lots to where all murderers go." 
 
 Hugh Morgan about this time was convicted of 
 robbery at I^ed Mountain Bar, on the Tuolumne. He 
 was given twenty-five lashes and driven from the place. 
 

 I 
 
 i 1 1 
 
 SIS 
 
 INFKLICITIES ANl) ALLEVIATIONS. 
 
 i. tJ 
 
 At the Scptoinlxr oluctioii of 1 80 1 a crowd of 
 voters was gatlioivd in fiont of a saloon at Granite 
 Basin, smoking, drinking, and entertaining each other 
 witli rude jests and noisy laughter. Somewhat apart 
 stood Aaron Bradbury, a hard-visagcd, cross-grained 
 man, but withal honest and industrious. He had 
 gained the ill-will of his fellows by his unsocial and 
 morose manner rather than by any real wrong-doing. 
 As the crowd became excited by liquor, their (Conver- 
 sation turned on Bradbury, and one story i olio wed 
 another, accusing him of falsehood and of improper 
 intimacy with a married woman. Hearing his name 
 used, he drew near and demanded an explanation; 
 angry words ensued. With or without sufficient cause 
 he drew a pocket-knife and stabbed one or two men, 
 each of whom was more powerful than himself, in- 
 flicting several wounds, but none of a serious nature. 
 Maddened at the sight of blood, the crowd rushed 
 upon him, threw him down, and kicked and i)ounded 
 liim until the most brutal nature should have been 
 satisfied. But this was not enough. Binding him to a 
 chair, they hurried him off to hang him to the nearest 
 tree. Protestations were of no avail ; no extenuating 
 circumstance would be considered; nor would they 
 listen to his prayer for trial by jury. Reaching u 
 suitable place, they released him from the chair and 
 stood him beneath an oak-tree. Then tying round 
 his neck one end of a rope and throwing the other 
 end over a limb, twenty strong men took hold with a 
 will and awaited the signal. At that critical moment 
 three men stepped foi'ward. One drew a knife and 
 severed the rope, while the others faced the crowd. 
 There was a quiet but bloody resc^lution in their eyes, 
 and the half-drunken hanucnien saw it and wavered. 
 For six hours they faced each other, those of the law 
 and those of lawless passion, until with cooler brain 
 and restored reason the crowd gradually dispersed, 
 leaving the law to dispose of the case in a less sum- 
 mary manner. 
 
 fit ■ 
 
AT MOKELUMNE HILL. 
 
 510 
 
 Ling 
 hey 
 
 cr a 
 
 and 
 ouncl 
 tlier 
 itli a 
 niont 
 
 and 
 owd. 
 eyes, 
 ored. 
 c law 
 brain 
 Jl'scd, 
 
 auni- 
 
 During an all-night dohauch at Weavervillo two 
 nion of Sydney, Ilardgravus and Seymour, waliced 
 hither and thither, they knew not where. In the 
 morning the former missed a can of gold-<lust worth 
 a thousand dollars, and accused his comrade of the 
 theft. Accordingly Seymour was taken to the historic 
 tree, and was there twice elevated and twice lowered. 
 Urged to confess guilt, he continued to declare his 
 iimocence. He was finally permitted to escape, and 
 shortly after Hardgraves found his gold-dust in the 
 chaparral where he himself had droj)ped it. 
 
 On board the steamboat on the way from ^larys- 
 ville to San Francisco in October was a passenger, a 
 man of Sydney named Griffin, who stole a Colt re- 
 volver, which after diligent search was found upon his 
 ])erson. The bluster of indignant bravado which Mr 
 Griffin raised on being chargeil with the irregularity 
 did not save him. On the spot a court was organized 
 by the passengers, before which the man was tried 
 jmd found guilty. Ther-e happened to be on board an 
 unfortunate lUinoisian, sick and penniless, who was 
 on his way to the hospital. It was ordered by the 
 court that the thief pay to the sick man the sum of 
 one hundred dollars, which the man of Sydney was 
 only too glad to do, trusting his liberty to see the 
 sum restored front the first unguarded dust upon 
 which he could lay his hands. 
 
 One of those wild spasms of divine right so fre- 
 (juent in frontier connnunities occurred at Mokelumne 
 llill on the 1 5th of October. The constable iA' the 
 town, Donahue, for fighting arrested one Joseph 
 Alexander, an Israelitish Pole twenty-five years of 
 age, a man of considerable talent, well educated, and 
 specially adept in speaking modern languages. On 
 their way to prison the l\)le was somewhat saucy, and 
 the constable, a good-hearted, well meaning, but ])as- 
 sionate man, struck the prisoner with a revolver, which 
 exploded, but without injury. Another shot, acci- 
 dental or otherwise, took eifect in the prisoner's side, 
 
520 
 
 INFELICITIES xVND ALLEVIATIONS. 
 
 'I a 
 
 :,; F : 
 
 which caused death amidst the most excruciating pain. 
 The people were profoundly moved. Donahue was 
 taken and tried by a jury of twelve, with two citizens 
 as presiding judges, with counsel on either side. It 
 was during the trial that the Pole died, which event 
 terminated the deliberations of the tribunal. Throui^h- 
 out the streets of the town a gong was sounded, sum- 
 moning tlie inhabitants to assemble and determine 
 what should be done with tliu constable. Many were 
 for immediate execution, but the majority favoring 
 more lenient measures, he was delivered to the au- 
 thorities. Such action, often repeated, on the part of 
 the people showed at all events the presence of an 
 earnest desire to do light. 
 
 zVt Mud Springs, near Placerville, on the 8th of 
 November an old man named Clark was attacked in 
 his tent by Abner J. Dixon, a Wisconsin youth nine- 
 teen years of age, \vlio cut him fearfully with a 
 hatchet, robbed him of two hundred dollars, and left 
 him for dead. By the print of his footsteps in the 
 damp earth the felon was traced to his own tent, near 
 which the old man's money was found buried. Dixon, 
 who though young in years was old in sin, was 
 promptly arrested, tried, and executed by the people, 
 protesting his innocence to the last. 
 
 The miners about Sonera were greatly troubled 
 with robbers and cutthroats during the autumn of 
 this year. On the night of the 1 4th of November 
 there was a regular butchery at Turnersville. The 
 brothers Steward were badly cut and shot. One 
 Boose was killed on the s[)()t, and another, Olin, died 
 next day. One of the gang, Domingo, was cauglit 
 and hanged by the people immediately, previous to 
 which he had confessed his guilt and exposed his com- 
 rades. Others of the band, which was composed of 
 both Mexicans and Americans, were afterward cap- 
 tured and executed. This was the hot-bed of assas- 
 sination and rol)bery, and for a time the law did not 
 pretend to interfere with popular executions. It was 
 
OPENING OF 1852. 
 
 521 
 
 Bimpl y a war between those who lived by honest work 
 and those who followed robbery as a profession. A 
 party of four Mexicans out on the war-path in this 
 vicinity committed thirty murders within two weeks. 
 
 So much for 1851; now turn to 1852. For horse- 
 stealing at El Monte and thereabout, a man calling; 
 himself Smith was arrested on the 2d of February. 
 After two or three days' imprisonment in Los An- 
 m^oles he was taken from jail by the people, who 
 gave him a trial and adjudged him seventy- eight 
 lashes. A singular popular freak attended the exe- 
 cution of the sentence. An Indian was appointed 
 to inflict the punishment, when Smith objected and 
 asked that a white man should be substituted. Ten 
 dollars was offered to any one who would perform 
 the repulsive task. The offer was accepted by an 
 American, whose dress betokened destitute circum- 
 stances. No sooner was the work accomplished than 
 he was seized by the crowd, placed in a blanket, 
 and tossed violently in the air. This was repeated 
 several times, when the poor fellow was made to 
 fall so heavily on his head and shoulders as to se- 
 verely injure him and render him insensible. The 
 reason alleged for their brutal conduct was that any 
 American who would offer to whip one of his own 
 countrymen for money deserved such treatment. 
 
 It was unsafe at one time for even a native Ameri- 
 can to steal in California; but men of dusky skin in- 
 dul'ans: in such an offence were almost sure to iind, 
 ill some historic tree, A[)ollo's best gift — death. In 
 the autumn of 1851, at Newton, a black man was 
 found guilty of theft and whi[)ped; in the spring of 
 1852 he was found guilty of theft and hanged. 
 
 Two young men, supposed to be Americans, rode 
 Into Murphy Diggings the 8th of February on 
 horses that the people suspected were stolen, and it 
 was determined to watch them as dangerous charac- 
 ters. On that night three houses were entered and 
 
'\ Hi ' 
 
 i ^'^ 
 
 
 
 
 522 INFELICITIES AND ALLEVIATIONS. 
 
 robbed of five hundred dollars in money. The next 
 morning the suspected men attempted to leave town 
 in different directions, but were arrested and brouglit 
 before Mr Vanderslice, who acted as judge for the 
 people's court. The guilt of the young men was easily 
 proved, as the money was found in their possession. 
 They received a trial and were sentenced to death. 
 Neither would reveal his name or native place, and 
 they were hanged without making any confession. 
 One of them, on being questioned a moment previous 
 to his execution, said with an oath that he would not 
 confess to anything. "But," he added, "understand 
 that I am one of the brothers; you can put that in 
 your pipe and smoke it." It was afterward ascer- 
 tained that they were not Americans, but criminals 
 of the worst kind from Sydney. 
 
 A poor teamster came off the plains with a single 
 yoke of oxen, which he sold for one hundred dollars 
 in gold-dust to a person who left the place innnediately 
 after the i)urchase. The same day a })urse containing 
 one hundred dollars in the same kind of dust was 
 stolen, and the })oor man from the plains was sus- 
 pected, arrested, tried, convicted, and deprived of his 
 purse, with thirty lashes on liis bare hack. Burning 
 under the wrong, no sooner was the whijiping ovei' 
 than, seizing a pistol, the teamster placetl it to the 
 head of the man who first at^cuscd him: "You are tlie 
 man who stole that money!" he exclaimed; "I know 
 it. Now confess, and quickly, or as sure as there is ii 
 God in heaven I'll scatter your brains as I'ar as i)o\V(l(i' 
 will blow tliem!" Tlie threatened man saw murder in 
 the eyes of his accuser; there was no r.nstaking it. 
 In tnitli he was guilty; so he drew I'rom his ptx-lcct 
 the stolen <lust, whereupon tlu^ enraged ci-owd sci/.cd 
 and hanged him to the nearest tri^e, and raising on thi; 
 spot a eontiibution of seventeen hundred dollars pre- 
 sented it to tin,' beaten teamster. 
 
 Some distance .south of Stockton, on the San J<i;i- 
 quin Kiver, a negi'e;;s set lire to a hos[)ital out of 
 
 I 
 
 * 
 
MARYSVILLE IN MARCH. 
 
 523 
 
 next 
 town 
 >ught 
 r the 
 
 ssion. 
 loath. 
 3, and 
 ;ssion. 
 Dvioua 
 Id not 
 rstand 
 hat in 
 ascer- 
 niinals 
 
 , suiglc 
 
 dollars 
 
 idiatuly 
 
 itahiin«; 
 
 .ist was 
 
 as sus- 
 of his 
 
 ^urniui:; 
 \cr over 
 to the 
 arc the 
 I know 
 lorc is a 
 powdci' 
 \Vi\cv in 
 
 kin;4 '*• 
 i)()i'.\('t 
 
 I sei/t'*l 
 
 ;• on till' 
 
 avs pie 
 
 fan .1< 'Ji- 
 ll out »'t' 
 
 spite. As she was known to have done it, the pro- 
 jirictor and liis friends wore about to han;^^ her on the 
 spot, yet wlien she fell on her knees and confessed her 
 crime the sentence was changed to whipping; but the 
 wliip being placed in the hands of a too vigorous 
 American, she died under its blows. 
 
 The miners of Big Canon, wlio missed several arti- 
 cles Tom time to time in March, having discovered 
 some of the stolen property in the possession of a 
 certain person, arrested and tried the culprit, and sen- 
 tenced him to receive twenty-six lashes on the bare 
 hack. The punishment being duly administered, a 
 committee w^as then appointed to show him the way 
 out of camp. Procuring a Chinese gong, they pa- 
 raded him up and down the street, calling upon all 
 the people to come and look at him, that they might 
 know him forever after; then they conducted him 
 two miles on his way, and parted from him with the 
 injunction that should he ever show himself again in 
 that neighborhood he might expect to be hanged. 
 
 jNIarysville was the scene of great excitement IVom 
 nine o'clock on the morning of ^larch 20th till three 
 in the afternoon. The streets were thronged. A thief 
 named Tanner, under arrest for grand larceny, at- 
 tempted to forfeit his bail and escape with the plun- 
 der which he had secreted. He was captured, with 
 the proof of his guilt upon him. A peojjle's court 
 tiied and condemned him, and demanded his life. 
 The mayor endeavored in vain to restore (juiet. At 
 last he produced some little eifect by bringing out the 
 (hstressed wife and cliihh'eii of the condennied. 1'hen 
 threatening to use force of arms, the authoi'ities took 
 the prisoner and j)lac(!d him in a bnihiing, before 
 which Recorder Watkins stood witli a cocked ]iistol, 
 intimidating tiie near api)roach of any. The build- 
 ing was surrounded by the infuriattMl crowd, but 
 Tanner, securely ironed in jail, was now beyond their 
 rt aeji, and the multitude were constrained to disperse. 
 
 A crowd of miners, numbering two or three hun- 
 
524 
 
 INPELICITIES AND ALLEVIATIONS. 
 
 dred, collected round the jail in Coloina on the 15th 
 of April and demanded the surrender of two prison- 
 ers, one Henry George from Sydney, and the other 
 William ^Miller, a negro, who were indicted for steal- 
 m*x over seven thousand dollars. The sheriff was ab- 
 sent impanelling a jury, and the jailer was forced to 
 comply with the demand. As soon as they had ob- 
 tained possession of the men the crowd hurried them 
 off to an adjacent tree, and without ceremony hanged 
 first the negro and then the white man. Then re- 
 turning to tlie jail they demanded Dougherty, another 
 prisoner whose trial was in progress at the time; in- 
 deed the jury were then deliberating over a verdict. 
 The miners sent word to the jury that they would l)e 
 allowed fifteen minutes to Itring in a verdict, as they 
 should hang Dougherty at the expiration of that 
 time. The jury soon pronounced a verdict of guilty, 
 and the prisoner was sentenced to ten years in the statc- 
 pi is((n. When the sentence was announced the crowd 
 made a rush for Dougherty, but were quieted by 
 I'homas Robertson, whose eloquent appeal induced 
 them to disperse. 
 
 White Oak Springs was the theatre of one of those 
 nnirder and lynching scenes which Iiave l)een enacted 
 in almost every town in California. James Hughlett 
 made frequent and al)usive attacks upon the cliaractcf 
 of another boarder at the hotel, Abner Spencer by 
 name, who on the 29th of Ai^ril resented one ni" 
 Hugldett's remarks, collaring liim and throwing him 
 to tlie floor; while down, HughU'tt drew a knife and 
 stabbed Spencer so severely that he died. Hughlett. 
 was arrested, tried by the people, hurried to a trei', 
 and hanged. 
 
 Two Frenchmen while asleep were murdered near 
 Jackson, Calaveras County, in May. A Mexican 
 named Chevorino was suspected as one of tlnj 
 murderers and arrested a few weeks afterward. A 
 pn'liminary examination was held before Justice Mc- 
 Dowell, and the man was connnitted for trial. The 
 
CATALOGUE OF 1852. 
 
 62ft 
 
 15tli 
 ison- 
 )tlier 
 jtcal- 
 ls ab- 
 ed to 
 d ob- 
 thom 
 angcd 
 3n rc- 
 lotbcr 
 ic; in- 
 crdict. 
 •uld bo 
 LS they 
 f that 
 cuiltv, 
 state - 
 3 crowd 
 ttcd b_\ 
 induced 
 
 those 
 
 nactcd 
 
 urrldett 
 
 laractir 
 
 licer by 
 
 one "' 
 
 him 
 
 lite an<l 
 U'Thlett 
 a tree, 
 
 cd near 
 dcxieau 
 
 of the 
 ird. A 
 pice M*" 
 
 I. The 
 
 n 
 
 ])eople, impatient of dehiy and satisfied of his ^uiit, 
 took him from the authorities, led him to a tree in 
 jVont of the Astor House, put a rope around his neck, 
 and attempted to liang him. In their hasty prepara- 
 tions they had neglected to tie his hands. Catching 
 the rope, he loosened it about his throat and tliey 
 were obliged to lower him to the ground. He then 
 look advantage of the opportunity to retract his prot- 
 rstation of innocence and to make full confession of 
 liis guilt. Then he was hanged in peace. 
 
 Four Indians attacked a man who w^as travcllinir 
 iiDni Downieville to Maiysville the 30th of May; tliey 
 t<liot him full of arrows and tlicn clubbed him to 
 (loath. Next day the miners made a formal demand 
 (111 the chief, threatening to annihilate tlie raneherui if 
 the murderers were not delivered up. Four warriors 
 were given the white men, wdio found guilty and 
 luinoed three of them, thus inauffuratinjj a new svs- 
 torn for the adjustment of Indian difficulties in tliesc 
 parts; for in less than a fortnight thereafter, that 
 is to say on the 12th of June, when one (^onistock 
 was killed with arrows l)ctwcen Marysville and 
 Bridgeport, the chief, Wcmah, was t(^l(l that lie 
 must produce the murderers or be murdered hlmsiiH'. 
 Choosing the former alternative, he delivered two of 
 thi; tribe to the people of French Corral, who applied 
 the hempen remedy incontinently. 
 
 James Edmondson, commonly known as Jim Ugly, 
 was executed l)}* the [)eople at Yankee Jim in 1852. 
 Here as elsewhere during the grand carnival, fights 
 of (n'cry description In wlih^i life was freely risked 
 uirI often lost were of frequent occurrence. Now 
 and then, when a killing occurred of a nature more 
 » xasperating than usual, or if the slayer was a des- 
 ji'iiite character, a noted desperado, or a gamblei', or 
 if the man killed was respected or popular, there 
 Would be a trial and an execution; but if the com- 
 batants were c([ually matched, and the tight fair, but 
 little notice was usually taken of deadly results. 
 
526 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 
 r ■ 
 
 
 Early in Juno Mr Hoofins, a valuable citizen of 
 Nicolaus, was murdered by a negro named Hideout. 
 The man was arrested and after a trial was hanged 
 by the people. 
 
 John Jackson, from the upper part of Plumas River, 
 went on the evening of June 10th to the house of 
 one Baker and his wife, a Swiss couple in Yuba City, 
 and asked for food and a bed, which were given him. 
 Next morning Baker went to Hock Farm, leaving 
 Jackson in the house. Baker returned at noon, and 
 his wife was missing; he was met by Jackson, who 
 tried to shoot him, but the pistol missed fire. Baker 
 went after his pistol, but that was gone. Meanwhile 
 Jackson took a horse and rode off. Baker took an- 
 other and followed, having first alarmed the neigh- 
 borhood. Jackson was soon caught, and on him were 
 found thirty dollars and Baker's pistol. The body 
 of the woman was discovered, with marks on tli«' 
 throat and three bullet-holes under the left breast. 
 A law jury sat upon the case; but without waitiiii^' 
 for its verdict, the enraged people threw a lasso ruum! 
 Jackson's neck and hanged him to the nearest tree 
 
 One night near Weaver Creek the apartment i>f' 
 a Mexican gambler named Lopez was entered by tivi^ 
 burglars. One of them kept a pistol at Lopez' head 
 while the others rilled his trunk of its contents. Tin 
 robbers were arrested in the act. A jury chosen from 
 amonij: the citizens sentenced them to thirtv-nin^i 
 lashes each, which were duly admini.stered. 
 
 A ^lexican boy named Cruz Flores was also ti'ieil 
 by the peoj)l(! at Jackson on the 1 Ith of June as a con- 
 federate of Cheverino. Guilt was not proved to thcii' 
 satisfaction, so they turned him over to the civil au- 
 thorities. Several hundred Frenchmen were })reseni , 
 armed with double-barrelled shot-guns and ])istols, an<l 
 when the decision of the peo[)le's jury was aimounced, 
 the countrymen of the murdered man made a ru>li 
 for the prisoner, demanding his life. During the 
 struggle the bov's arm was broken. After a hall' 
 
CAT.VLOGUE OF 1852. 
 
 Til- 
 
 tVKMl 
 
 la coii- 
 
 1) tlu'ir 
 
 il au- 
 
 rcscm . 
 lis, un<l 
 luncctl, 
 li ru>!i 
 
 k til'' 
 
 ^° hall- 
 
 hour's contest the infuriated Frenchmen succeeded in 
 capturing the boy, and dragging him to a tree they 
 hani^ed him, one of them holdinj; to his leijs until life 
 was cxtmct, 
 
 A man named Williams was discovered taking 
 nioncy from the clothing of a man who was asleep at 
 the Placer Hotel, Placcrville, at daybreak the loth 
 of June. The boarders administered the punishment, 
 banishin*; him from town after having jriven him 
 kicks, blows, and twenty-five lashes on the bare back. 
 This was the third case of the kind at Placervillo 
 that spring. 
 
 A man named Dunn was arrested upon suspicion 
 of having stolen twenty-five thousand dollars from 
 Dii^iis and Anderson at Caclie Creek on the 1 7th of 
 June. He was taken to a tree and strangled a little 
 to extort a confession ; a second and a third trial uf the 
 same kind were made, the last nearly proving I'atal. 
 As he persisted in protesting his innocence and total 
 ignorance of the theft the torture was discontinued 
 and the prisoner liberated. 
 
 A Frenchman named Raymond deliberately mur- 
 tlercd a Chinaman at VtW Bar on the Cosumnes in 
 June. He was tried by a iurv «»f twelve men and 
 was innnediately hanged by Lhe people. Few in- 
 stances of this kind are on record where a wliite man 
 jtroniptly receives his deserts for the murder (tr nial- 
 treatnjcnt of a Chinaman or a native, and it s[)eaks 
 volumes for the fair dealings of the niineis of that 
 locahty. 
 
 The 4th of July this year came on Sunday, and was 
 celebrated at Eui'e!:a '>y eliastising a fellow named 
 Francis Boyd, who h;.u stolen a quantity of barley, 
 fie was given a dozt-n lashes on the bare back, and 
 warned to roll up his blankets and leave the diggings 
 within thirty minutes. 
 
 'i'lie town of Columbia has its Broadway, as has 
 evi'ry mining-caujp by whatever name called; and 
 gathered round a tree standing at the upper end of 
 
028 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 it. • 
 
 ■ 
 
 h 
 
 this busy street on the 7th of July miglit have been 
 seen an excited crowd with some object in their 
 midst which commanded their violent attention. It 
 was an old man, prostiate beneath the tree, half 
 strangled by the rope which encircled his neck as it 
 hung loosely from a limb. Every now ami then his 
 tormentors would seize the rope and pull upon it until 
 the old man was lifted a few feet from the ground, 
 when they would let him down again. WJiy was 
 this? The miners were by no means a cruel people; 
 children and old age, next to women, connnanded 
 llieir tender sympathy. This seemed harsh treatment. 
 Assuredly it went against their feelings; but the}' 
 felt that crime must be put down at any cost, and sus- 
 picion pointed to the old man as guilty of crime. It 
 appears that one Yi^tes, on his way from his claim to 
 the town, dropped 11- purse, containing twelve hun- 
 dred dollars in gold-dust. Near the spot where he 
 thought he nuist have dropped it the prisoner was 
 seen to pick up something. On being questioned he 
 stiuitly denied any knowledge of it; nevertheless tJie 
 magistrate committed him for trial. Speculation 
 then began to spread about the town as to the prob- 
 able guilt of the accused, until curiosity getting the 
 better of discretion they proceeded to the [)rison and 
 l)orrowed the prisoner from the law until they should 
 satisfy themselves. For a time, between the sliort 
 intervals of his suspension, the old man continued to 
 tleny his guilt; finally, fearing lest one of the up- 
 liftinjjs should be a trille too lonu', and being u:enerallv 
 uncomfortable under the treatment, he confessed, dis- 
 covered to them the money, and was banished. 
 
 Mob law in its reckless course aflbrdetl oj^portunity 
 for the dis})lay of personal vindictiveness, and even 
 for shielding the guilty, the accuser sometimes him- 
 self beinu: the criminal. Such an instance occurred 
 seven miles from Mariposa in Augu.st, when Moore 
 and Company's store on Sherlock Creek was entered 
 and robbed of nine hundred dollars. Suspicion fell on 
 
CATALOGUE OF 1853. 
 
 5jy 
 
 an old man named Johnson, who was at once arrustud 
 by a mob instigated by a young man named Carrico. 
 Johnson was taken to a tree some Httle distance away, 
 and being suspended, was strangled until life was 
 nearly extinct, while Carrico and others demanded 
 that he should tell where he had secreted the money. 
 The unfortunate man denied any knowledge of rob- 
 bery; though cruelly lashed, he would not retract the 
 statement. Carrico then proposed that they should 
 lay him on a bed of hot embers, and at the same time 
 use other tortures too cruel to mention, but the crowd 
 refused to indulge him further and released the pris- 
 oner. 
 
 A few days after, Carrico left the place under cir- 
 cumstances that aroused the suspicions of the miners. 
 They pursued him, and U[)on his arrest discovered on 
 his person the gold for the theft of which [loor John- 
 sou had been tortured. Carrico received a trial before 
 ;i legal court and was sentenced to five years in the 
 >l ate-prison: a less punishment than his villainy seemed 
 to deserve. If the same mob that had so uni'eelingly 
 jiersecuted the old man had turned its vengeance upon 
 this callous wretch, ai)plying to him tlie ti'eatnient hi' 
 had himself proposed lor another, the connnunity would 
 have symi)atliized with them, and would have upheld 
 their proceedings. ♦ 
 
 Christopher Ferril, living in a cabin on Murphy 
 (iuK'h, Calaveras County, was discovered on the 8th 
 < r January 1853 to have considerable stolen property 
 ill his possession. He was given twenty-live lashes 
 "11 the bare back and driven from the place. 
 
 David Spence's rancho, on the Salinas River, was 
 visited by some Mexican horse-thieves infesting that 
 section. Pursued by the mayordomo and others, two 
 Mexicans were caught hiding under the bushes be- 
 tween Gilroy and Pajaro. They were bound and 
 oouimitted to the ^Monterey jail for trial; but the in- 
 habitants of San Juan preferred to see justice awarded 
 
 Pop. Tbib., Vol. I. 31 
 
IB9i' 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 My '" 
 
 at once to tlie scoundrels whose depredations had 
 cost thenj so dear, and taking them fi'oni tlie officers 
 they were hanged on a gallows the 8tii of February. 
 Three Chinamen went into a store at Mud Springs 
 on the 11th of February for the ostensible j)urpose of 
 making some purchases. While the proprietor was 
 showing some boots to one of tliem in another room, 
 tiic others took the money-drawer and left the store. 
 The merchant soon discovered his loss, and had litth; 
 difficulty in tracing the Chinamen to a tent, when- 
 they were found dividing the nine hundred dollars 
 which thev had stolen. Thev were at once arrested, 
 
 •' t,' ' 
 
 taken to the niain street (jf the town, and jit tlie de- 
 mand of the excited assenddage were haiii^ed. 
 
 Near Shasta, at a place called Whiskey Creek, a 
 barkeejH'i- in Aj)ril became exasperated at sonu^ insult 
 fj-«»m a fe]low-(Mtizen and sliot him. He was seized at 
 once by the peo])le and hanged within a few hours. 
 
 In April t\v(> jSTexican horse-thieves weie arrested 
 near Maitinez and hanged by a mob. 
 
 During tlu! sj)iiiig of 1 Hr>8 there was a gang of 
 Chil(>an desperadoes encamped at a creek two miles 
 below the town of Jacicson. They [)retcnde(l to work 
 in the mines oecasionally, but in reality depended on 
 robbery for a livelihood. A conn)any of Chinese 
 worked near the Chilean encampment. On the 27tli 
 of 'luly the Chileans made a riiid upon the Chinese, 
 killinjjf one man and stealing several hundred dollars. 
 One of the Chileans was captured l)y the Chinese, 
 who sent to town for assistance. Fifty armed nun 
 eame to the rescue; when they arrived they found the 
 ]»risoner being tortured by the infuriated Chinese. 
 Tlie Chilean was taken to town and kept in custody 
 until morning, wIkju he was executed in the presence 
 of a thousand people. Vengeance extraordinary ^^ .is 
 directed against the Mexicans, Chileans, and Indians. 
 A complete catalogue of crime with the sharp, swift 
 vengeance of self-appointed justice, would fill ;i 
 volume. In the southern mines a week's record et' 
 
CATALOCJUF-: OF 1853. 
 
 m 
 
 atrocities coming tinrlcr the observation of one man 
 <'onsisto(l of tliroo Mexicans liangcd on suspicion of 
 assassination: sc^von Mexicans sliot in a ijfamMiniLr- 
 snloon on a charge of clieating at cards; two Mexicans 
 lian^jud for robbinji: a claim; one man lianj'ed for 
 murder, and a rancheria of natives massacred for 
 killing and eating a stray hoi'se -pretty livi iy but(!liery 
 foi- one locality. 
 
 A quarrel occurred at American Flat on the •J.'.d 
 of May between a jSTcxican and one Jelfnv Lewis 
 over a game of cards. The nien were separahul afti'r 
 !in exchange of blows. Next day tlnj Afexican ap- 
 proached Lewis, and without a word shot him dead 
 and immediately escajuid. A party |)msued him, 
 hut failing in their atteni}*! to ca[)ture him, ai- 
 losted two of his (;vil associate One of them 
 made his escape, but the other was tried by mob 
 law, found guilty enough foi* all ])ractical nurjjoses, 
 and hanged. 
 
 A Chilean vaqucro at Mokelunuie Hill wns sus- 
 pected in June of having stolen stock fi-om Jose[)h 
 Kirk and his brothei-, ranchei's in San Joaipiin, and 
 was seized and j)unish(;(l by them. With the assist- 
 ance of McKee Haney the; ( 'liilean was subjecte(l to a 
 sevei'c beating, and his bare back, feai-fully lacei'ated, 
 was exposed to the sun for several hours, lie was 
 at last liberated, when he returned to his home, where 
 his story excited the sympathy and indignation of his 
 rountrymen. They raised ilw. sum of one hundi-cid 
 and iifty ounces of gold-dust to defray the t'X})ense 
 of a jirosecution, as they wished to see what sort of 
 justice the courts administei'ed. In the mean time 
 "'He of the Kirks appeared on the street in AFo- 
 Ivohmme Hill, and was recognized by a mounttnl 
 Chilean, who quickly threw a lariat over his head, 
 lie would have dragged him to his death but for the 
 interference of the vaquero who had beeti so brutally 
 tieated by him. The vaquero insisted that his enemy 
 should have a fair trial before the courts. Thercu])on 
 
Ih \\ 
 
 : i; 
 
 i 
 
 632 
 
 INFELICITIES AND ALLES^IATIONS. 
 
 rill 
 
 Kill; was liberated, and tliougli })ursuod, succoodcd in 
 iiuikinj^ liis cHcape. 
 
 A drunken lellow named Vivian assaulted Marto, 
 a S[)aniard, at Condenuied Bar on the 4tli of July, 
 v'licn Marto in scH'-def'en<;i' stabbed Vivian. The 
 mob spirit was at onco aroused, and tliouiijli the 
 wounded man was still living, tli;- |)oo[)lo determined 
 that the Spaniard should be banned. Marto, actinj^ 
 uj)on the advice of .ludj^e Peterson, who tiioUL^ht the 
 deed justiliable, attempted eseapc; by j)luiitjfin!j^ into 
 the river. iJet'ori' he was hall' across he was shot at 
 and killed. A by-stander [)ronounced the j)roceedinir 
 an outrage; he had no sooner expressed the opinion 
 than he was killed by the mob. In their unreasoning 
 blood-thirstiness tluiy talked of taking the life even 
 of Judge IVterson. 
 
 But vei-y dilferent were some of their executions 
 where calumess, oi'der, and philosophic coolness char- 
 actei'ized all theii' j)roceediiigs. A g(;iitleman at tlu; 
 diggings learned that a man had ix'eii arrested for 
 robberv in a minhborinn' cami) and was to be executed. 
 It ci'eated no excitement, i)ut as lie was cu.rious to see 
 the affair he walked over to the locality. Unac(|uainte(l 
 with any one, he sjjoke to a man standing apart from 
 the others. 
 
 " Will you tell me which is the man to be lumged?" 
 
 " I believe it's I, sir," was the reply, without change 
 of countenance. Half an hour afterward he was 
 hanging from a tree, and the conununity quietly dis- 
 persed. 
 
 John Clare and Andrew Cracovitch, fishermen, 
 had a serious rpiarrel about their fish-tackle on the 
 IGth of August 1853. Clare angrily walked away, 
 and procuring a pistol concealed himself behind some 
 lumber, where he lay in wait for Cracovitch. Soon 
 after Cracovitch passed, and Clare tired, killing him 
 instantly. lie was arrested and placed in jail, wher( 
 ho boldly acknowledged the assassination. On the 
 following day the mob dragged him from his cell, and 
 
catal(m;uk of i^.^. 
 
 ■cLvr 
 
 was 
 
 tiiking him to the place wliciv \\v luul shotC'racovitch, 
 hanged hiiu tliei-e. 
 
 Spanish Ciiailey, a biill-fij^Miter, convictefl hy a 
 people's jury '"t' niunler at (iibsiMiville in Auufiist, 
 when brought forth Inr execution, though he denied 
 that he was guilty, manifested not the slighest emo- 
 tion. Binding the handkerchief over his t^yes with 
 his own hands, when all was ready he threw himself 
 from the platfoi-m. [n this trial and ex» cutiou the 
 people of (jiibsonville were entitled to praise for one 
 thing: from daylight until after the ex(>cution every 
 store in the j)laee refused to sell li(pior, and the <'on- 
 sequcnce was that of the thousand men present l)ut 
 two were intoxicated, and they were in that condition 
 betbre coming upon the ground. 
 
 During the month of October two Irishmen made 
 a complaint against two Frenchmen, whom they 
 accused of havinu' stolen iifte(Mi hundred dollars fi-om 
 them. 
 
 not 
 However tliey wc re arrested, and wetc being taken i'nv 
 trial to Sonora by the constable when they were met 
 by a, mob of loafers and gamblers that the Irishmen 
 had collected, and upon their demand the constable 
 was forced to i'elin(piish his j)ris()ners. The mob tlien 
 j-roceeded to a large trt'c, wlu>re they sus])t'nded tlu; 
 Frenchmen so that their feet just touched the ground, 
 ho[»ing to make them contess. Other l^'renchmen 
 stood by and urged their c<)nntrymeu to admit their 
 guilt, but only received their reiterated as.sertions of 
 innocence. The piisoners w ;re at last liberated, but 
 not until their friiiids had ])romised to bi; resjxynsible 
 lor the fifteen hundred dollars in case the men were 
 found guilty after a fair trial. It was thought possi- 
 ble that the li'ishmen's story of the robbery was with- 
 out foundation, and that this method was used in the 
 hopes of extorting money from the Frenchmen. 
 
 During this same month a Frenchman who ap- 
 peared not entirely in his right mind, at or neai' Yreka 
 
 The Frenchmen were industrious men of good 
 character, and wire not generally believed o'uiltv. 
 
 ^1 
 
 I 
 
534 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 coiumittod lu»inici<le. Ho was arrested and hanged 
 by a i)arty from (iroenhorn Creek, under circumstances 
 too (lisii^ustinj^' to be described. 
 
 Some Spuiiish des[)eradoes while in Alvarado on the 
 2)](l of Xovembi'r fired into a hotel; then [)roceeding 
 to the Catholic church they broke all the windows. 
 After this mischief they started for the mountains, 
 and lia|)i)ciiini>' to meet an American, Fraidi Devol, 
 lired at him, two shots passing' through his coat. 
 Devol with some iVicnds |)ursue(l the Spaniard s wlio 
 made a desi)erate efibi-t to chide them. The Americans 
 finally su<'cceded in c-atchint,^ one of them .ind brought 
 him back to Alvarado, where a prcliminarv trial was 
 held. At midni!H"ht on the 1 ;")th the citi/(ii.> itrocecdrd 
 
 to ih 
 
 ic jail, ()\'erj»owercd the guai-d, ;ind ta!;mij;' the 
 pi'isoiK'r t(t .Vlameda bridn'c, Iian^ed him. 
 
 On a \o\cnibci- Sunday in m saloon at Columl)!a 
 an Ltaliaii invited :in American to <b'ink. The latter 
 refused- thi' Italian w<»uld force him, but in retuiii 
 
 reci'ived a s( \'ere 
 
 bl 
 
 i>\\ in 
 
 the f; 
 
 ice, 
 
 Tl 
 
 lis 
 
 infurlat 'd 
 
 th. 
 
 Ital 
 
 Kill th.'it 
 
 lie 
 
 klille :i 
 
 lid killed him. 
 
 upon the ,\meiiean with :i, 
 
 he murderer was imnie( 
 
 liatel 
 
 \ 
 
 arresied by a constable, i)Ut the e.\cited miners wresti'd 
 tlu! |)risoner from the ofljcci- of the law, drau^Li-ed him 
 
 bv the hair throU"'h the strc-c^tf 
 
 i.( • 
 
 a ti'ee 
 
 >itiiat( 
 
 on a 111 I 
 
 ; haiiircu liiiii. 
 
 Tl 
 
 le liml) lirealciiin', lin 
 
 lie 
 
 ever, befor( life v.as extiiicT, and (he passions of t 
 peo])le haviuij^ cooled meanwhile, (!iey thoiiL^'ht ht'ttir 
 of their course, formed tlK'iiiselves into a Jury, tried 
 and convicted the prisoner, and then turned him oni r 
 for punishment to the cixil aulhoiitie.- 
 
 Th 
 
 ei'e Were *>•(»( 
 
 )d Chin.'tmeii and bad (Miinameniii 
 those days -more [;articularly baxl ( "hinanien. -loliii's 
 favorite rascalit\' was the robbiii''' (»f shiii-e-boxes. 
 Sometimes the miners did not clean up their wa 
 
 Sll- 
 
 inii's for severa 
 
 1 di 
 
 IVS or Weeivs 
 
 al a tiiiK'. but left th 
 
 gold with the debris at the bottom of the sluices, and 
 tln^se the Chinamen used to like to clean up llieiii 
 selves at iiiLrht, when no one saw them. rnforln 
 
THE CASE OF PETER NICHOLAS. 
 
 535 
 
 uately for thoiu, .six of their imiiibcr were cauj^lit at 
 this pastime one Saturday night on French Hill bv 
 those who had lonj; been watchin<' for them. Two of 
 tlieni were broujrht to the [)ost and given fifty lashes 
 each, and tlieir queues taken from them: the others 
 sli[)[)ed from tlie fingers of the avengers, 'i'his taught 
 both the good and bad Chinamen a lesson. The lattei- 
 were induced to be more circumspect in their stealing, 
 or more especially in ihv'w escaping, while the former 
 W(.re not backward thereaftei' in tying to a tree and 
 whip[)ing any of their own number wlu'uever occasion 
 seemed in their eyes t<> demand it. 
 
 ted 
 
 1 ! ! 1 1 
 
 ited 
 
 the 
 
 tter 
 
 •ie.l 
 
 • Ml' 
 
 'U m 
 
 •hn's 
 
 )\es. 
 
 ash- 
 
 thr 
 
 au'l 
 
 lelii 
 
 )rtn 
 
 Sunday was an uueasy day of rest for the iiiiiiei' 
 life was di\idi'(l, not uiie(|ually in many case 
 
 whose 
 
 between work and wickedm^ss. Thouu'h not a workiiiijf- 
 <lay, its sacrediiess had been left at home, and it v,as 
 now made th<' sea|>e-goal of all the oth< rtlays. It w;is 
 iheii that iiiiiieis washed, baki'(|, and niendetl; on Sun- 
 day those wiio (lug at distant eam[is came to town for 
 their Week's sup[)ly. Their di'udgery done, all hand:- 
 turnt!d their atlention to < 
 
 levilt 
 
 ly; some e\' n neg- 
 
 lected di, Wasteful duties thnt they might the ni<»r( 
 wliolly consecrate the day to Satan, it seemed almost 
 a matter of ewnscienc" with some to drink tiiemselves 
 insanii before nightfall, and sup|)lement thr day by an 
 e\ening of tran(|uil inebriety. 
 
 IV'tei" Nicliolas, an Austrian workin<>- at t 'olumbia 
 in IS'),'!, was usua!l> ready for his rounds before noon, 
 so that by three or I'oui' o'ehtek he was (piite hilarious. 
 Such was hi., condition wlien, in the afternoon ol' 
 Noveinbei' lllth, with two companions he i'uteied 
 th^' store of ( '. 11. AUerihng, at the corner «jf Main 
 ^(•n streets, and opened hanter with one 
 
 an<l 
 
 Jack 
 
 .lohn Parote, a minei- from IMne i.iog, who was tlu-re 
 traihnjr. 
 
 "I say, nuster, what's your name;"' began Pete. 
 Parote deigiu'd no re])ly. 
 
 "Well, then, wlure <lo you live!'" Still no reply. 
 
 
 
F 
 
 ; 
 
 
 I 
 
 i I n 
 
 I. 
 
 i; 
 
 
 r.3i; 
 
 INFELICITIES AXD ALLEVIATIONS. 
 
 "Do you know where you came from? What 
 country do you belong to?" continued Pete. 
 
 " I belong to all countries," replied Parote; "I am 
 a Californian." 
 
 "That won't do," persisted Pete; "I want to know 
 Avliat countryman you are?" 
 
 "All right — I'm an Irishman," said Parote; "does 
 that suit y<ni!'" 
 
 "No, it don't!" exclaimed Pete, seizing tlie other 
 bv the collar. 
 
 "Let me go!" demanded Parote, endeavoring to 
 release himself. 
 
 "No, I won't!" cried Pete. 
 
 Thereupon Parote struck liis tormentor in the face, 
 struck him twice, and struggling to i-elcaso liimself, 
 fell backv. ard over a bag of sugar, dragging liis assail- 
 ant after liini. 
 
 "Hold liiiii!" ciicd one of the drunken man's com- 
 jnuiions, springing forward. " Pete has a knife!" 
 
 The W('a{)on was secured, but not until tlio Austrian 
 had made three passes at Parf>te, wh(^ at the last 
 thrnst I'liod. "I am struck!"' and fell back prostrate. 
 
 The Austrian was arrested, taken h-rf-re Justice 
 Cardey i<>' cxaniinjition, and committed for trial. 
 Columbia having then no jail, the prisoner's leg was 
 jiadlocked to a staple in the floor of a room adjoining 
 the justice's otlicc, and a guard set over him. 
 
 Meanwhile inl'ormation of the aifair spread, and 
 soon miners wore seen coming in from every direction 
 to detorniinc what should be di'iu . Particularly weri' 
 those from Pine Log interested, for there the wounded 
 man had many friends in no wise disposed to n'gard 
 lightly the stab!)ing of a comrade at Columbia. An 
 day change I into night so darkened their mood; nd 
 by ncx! iMoniing the niattei; was arranged. Auer 
 breakiitst, quieUy and openly a eor>pany of miners, 
 the majority of whom were Pine Logites, proceeded 
 to the justice's other, pried with a crow-bar the staple 
 from the floor, and despite the expostulations of the 
 
SOLOMON THE SHERIFF. 
 
 537 
 
 ofuard took Nicholas to the gulch south-west of the 
 Inroad way Hotel and there made ready to hang him 
 to a tree. The ropo was round his neck and over the 
 limb, but before the word was given, the constable 
 and an assistant were np the tree trying to eiit the 
 rope, when the limb breaking, down came all together. 
 It was an unlucky tree, and unfit for hanging purposes, 
 now that the only good limb on it was broken ; so they 
 cursed it, cursed the constable, and then went over- to 
 the Gold Hill slope and chose a better tree. 
 
 By this time James W. Coffroth, a budding law- 
 tender, was on the ground: Coffroth the cunning. 
 He too wanted the man hanged, he said ; it was the 
 duty of all good men to hang bad men. But for 
 the everlasting lionor of our j^j-lorious repulilic. let all 
 tiling's be done decently and ii order. Paroto was 
 now dead. As a matter of course Nicholas would Ix; 
 hanged; there was not a shadow of possibility of his 
 escape. But for the credit of Columbia give the man 
 , trial; force not Pine Log to hide her head among 
 the nations for having hanged an Austrian upon 
 whose cause no miner sat in judgment. 
 
 Talking thus against time, as was his purpose, Cof- 
 tVoth won. Presently the sheriff appeared. Solomon 
 was his name, and a very good name, and a good 
 slKniff. Judging from outward expression and car- 
 riaiiv, he too would deliijht in seeinu' the Austrian 
 hanued. Solomon's vocation was lian'jjiuL;'; for such 
 he had been created. But a close observer might 
 havr detected about Solomon's mouth that whioli \)v- 
 lii'd liis careless demeanor; a listener to tlie low word 
 spoken here and there in the ears of the more intelli- 
 L^t.'ut and stalwart of the crowd woultl surely liave 
 il'tected it. Further, he would have seen the iiieii 
 >■' spoken to one by one slowly (xlging their way 
 toward the prisoner, and so far as possible unnoticed 
 I'Tui a firm belt of determination round hiii. Then 
 opened Solomon his mouth; wide he opene i it, for it 
 \\as large, and by no means handsome. 
 
II ' 
 
 
 y" 
 
 m INFELICITIES AND ALLEVIATIONS. 
 
 " Gontlcmon," lie said, without ofFcriiig to lay hand 
 upon tlir prisonc'i", "you will ('X<'usc mc, but thiw man 
 is goin<.( to the Sonora jail, there to await liis trial by 
 law. I anj .i^oing to take him there. You are all 
 good men, acting from good motives; but believe me, 
 my I'riends, it is best as I have said." Solomon's 
 friends did not agree with him, ]iow(;v< r, and making 
 a rush upon the [)risoner, they sought to reseue him 
 from the law. Hut tiie belt f)f brawny nun they 
 found impassable. Tliey saw tiiemselve.s outwitted; 
 such was Solomon; and availing themselves of the 
 privilege of the beaten to swear, they swore, and 
 Nic-'holas slept that niglit in jaik Bui tor Colfroth 
 and Solomon, liadi-s would suivly have' been his 
 resting-[)laee. 
 
 The trial came <m in due form tlie 'JJtli of tlie fo!- 
 lowiiiLi- February, and the intclliu'ent jurv for.ii.l Peter 
 Niehola.s guilty of murder and recommended him to the 
 mer<'y of the court. They did nt»t thin): Ik^ should be 
 hanged, yet he nnu'dered; they could not deny he nun 
 de)'ed; br.t it was in drunken fun, and they thought 
 imprisonment f;!;- !i)e enough. Not knov, iug that v.ith 
 the jndge, whii has no di.seretion, nnu'dei' means hang- 
 ing, the}" make iliis mess of it. Justice .uknowledgvd 
 li( r <»b!ig;itie.n and the j'-U'v was discharged; but as is 
 often the casi', ju.-tiee coidd have weighed out this 
 man's duv i'nv moi'e e(juitai>ly without tlie assistance 
 of twelve ignorant anci stupid men. "^riii" Tth of April 
 18.')4 was li.xed for the execution of Peter \ichola'-. 
 
 At thi.> rime the great (|Uestioji in jiolitieal circle- 
 was the location of tlu' state capital. San Jose. 
 VuIK'jo. Monterey, an<l Sacramento t.-ach beggi-tl 
 tile honor and proiitof it, and to the kgislaturt whicii 
 conveiK'd at lienicia the first Monday in Januai \ 
 1854 nunierons loiig petitions accom[)anied tedions 
 coninumications .-netting i'orth the relativt adxantages 
 of the several ])Iaces, and what their citi/A-ns vdiild 
 give and do to sotthi tlu' law -makers among tliciu. 
 The windy debates, \nn[ indeed everything conn(j ted 
 
 I*. 
 
THE PINE LOG TETITION. 
 
 ^.39 
 
 Avitli tlio subject hocanie at Ituigtli so tiresouu! tlia,t 
 the miners, with their usual keen appreciation of 
 the hidicrous, turned it into hurles(pie hy drawing 
 up a petition making Pine Log tlie state capital. 
 Entering into tlie spirit of tlie tiling, everyhody signed 
 it, particularly the Pino Logites, though it never was 
 forwarded to the legislature. 
 
 We liavo seen that John Pigler often forixave the 
 freest where the sm was greatest; indeed liis reputa- 
 tion for ])ardoning was now notorious. Tl(t was 
 specially forgiving of the sins of his i'olloweis, Xow 
 Peter Nicholas, the Austrian, when he killed John 
 l*;ii'ote, did not know tlier*' wa> siiclx a l)ei:ig in exist- 
 ence as John Bigler, nor did he care. IL; liad that 
 which was more poweitnl than goveniors, gold, the 
 master of John Pigh'i', the governor, now tlie faithfid 
 servant of ]\'ter Nicholas, tlie murderer. It was not 
 iiiueh; Pete had saved a little mon<!y at work, hut all 
 that a man hath Viill he gi\e for his lite. I'et(.'s 
 money htnight him a good lawyer, an exceedingly 
 ;;ood lawyer, an ahle man of easy conscience, iiol, 
 overscrupulous as to the tricks of the trade, and veiv 
 ixpei't in [)ointing tin \\ea[)ons oj;' tav*' against its 
 hwu hreast. In all -^eiiousness, however, he it said to 
 Ins jtraise that he proved a stanch ndhertMit to his 
 cause, lie <,'ould not clear I'ete hy law; even the 
 tlolts u))on the jury bench must say guilty when 
 they meant innocent; so he would tiy stratagem. 
 
 temptingly U[)on a merchant's eouute;- one; day this 
 lawyer saw the list of signatures to the ]*ine Log 
 • ajiita^. petition. All ho[)e to save his client's life by 
 eiiier than desperate means had long sin<'i' abandone<l 
 liim, Sli[)ping the ))etition into his l)reast-pocket, he 
 It tired to his r(K»m, tore from (he signatures, covering 
 several pages of legal ])aj)er, the heading, wr(.t(; a 
 player to the ex(^cutive begging conmuitation of the 
 <ii a(h setitence of Peter Nicholas, joined caitil'ully to 
 ii the list of signatures, many of which wer(> written 
 li\ the same liands that hi'l[)ed adjust the ropearouml 
 
 m 
 
 
 ill 
 
 li 
 
940 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 the Austrian's neck, o id ronvarded it to John Bisflcr, 
 governor. It was enough. Ten years of pcnitcntiar}'^ 
 discipline was made the substitute of hempen lialter. 
 And til is, by one of those stampedes of state prisoners 
 frequent in early San Quentin life, was reduced to four 
 years, and Peter Nicholas, the Austrian, was again a 
 free man. 
 
 fif. ft 
 
 
 On the 17th of February 1854 some members of a 
 band of Mexican and Chilean robbers entered a cnbiii 
 in Mariposa ( 'ounty, whore they mur«lered and robbed 
 an old man named Nathan Pratt, of ^[ain(j. One of 
 the band was immediately captured and hurried to a 
 tree in front of Pratt's (;abin, where he was hanged. 
 Another was .soon arrested, but was protected Ijy his 
 countrymen, who collected from all parts of the coun- 
 try and demanded that he should ha\e a legal trial. 
 Upon this rt'sistance the Americans handed in large 
 force, seized the prisonei-, and hanged him beside his 
 comrade. 
 
 During the latter part of March a horse-thief, a 
 Swiss named Schwai-tz, was captured and hanged by 
 a mob at Jackson. The tree uj)on which lie was exe- 
 cuted had l)een used seven times for a like ])m'|i()se. 
 After till- execution of Schwartz it was suu'ijfested 
 that, an image of .lutlge Lynch shouM be carved from 
 the free. A Mexican was han<>ed in July lor horse- 
 atealing. .Vnoth'i' ^Mexican who had stabbeil lii> 
 brot!ier-in-hiw was hanged by tlie ])eo])le, his re-cjuesL 
 tliat. lie might be shot, although Ijackeil l)y the en- 
 treaties of his many iVicMids, having bi;en refused. 
 Another and another punishnniit of similar naUnv 
 occurred at about the same tim(> and piac«3. 
 
 Sweet Sononia, whose vaiUy is too lovely to be so 
 disfigured, saw the horse-thiei' liichie lianging fmiu 
 the tree where l)ef()re ti'ial tin: niol) had elevated 
 him the 30th of May. Richie had been arrested in 
 Shasta City lor stealinijf mules, and was sent to Sonom i 
 City for tiiil undei- charge of a dejnity sheritl" and ii-^ 
 
CATALO(JUE OF 1854. 
 
 Ml 
 
 two aids. The party stopped at the liouse of the 
 ofHcer over night; in the morning they were aroused 
 ])\ an imperative demand for Richie. Some fifteen or 
 twenty men stood outside the liouse, and the command 
 was perforce complied with. Taking tlie piisoner, 
 they orthired the guard to remain where they were 
 until afternoon. Proceeding to an old adobe liousc 
 on Santa llosa Creek, tliey held a long conference as 
 to tlieir disposition of Richie; hanging at once or trial 
 hy law were in turn considered. Acting U|)on tlu^r 
 iiaal decision, they hronglit the j)risoner hack un- 
 liarmed to the guai'd, and told tlieni to ])roc('cd witli 
 liim to Sonoma for trial. The prisoner urged a delay 
 until night hefore taking the journey, so that it was 
 ten o'clock hei'ore they started. Their appreliensioiis 
 oftiduMe seemed groundless, f »rtliey were now within 
 four miles of the town without (.;ncounterini; any op- 
 l)o>ition, when suddenly there ap])eare(l before them 
 like an apparition, veiled in the thick fog', about I'orty 
 incn, who seized Richie and ordered the guard (o 
 let ire. Possibly lliey wcr(? Richie's friends come to 
 release him iiMm the approaching ti'ial; in the mist 
 that obscured everything it was inipossiltle to tell. At 
 daybreak the next morning tlie guard continued their 
 way to Sonoma; l)Ut they had not pro(?eeded far when 
 tiiey saw the body of Jlicliie hanging from the limb 
 of a white-oak. Although considerable exciti'Uient 
 ]ii'e\ailed foi- a while, it subsided in the belief that a 
 jii>1 punishment had bel'alleii a hoi'se-thi(!f. 
 
 A paitv of men frnm ( ontra (.'e.sta, with Cicorgc 
 Carpenter as their- leader, seai'ching foi- stolen cattle, 
 found some of them on the night of August 2'Jd at a 
 slaughter coi'ral owned by Anic'dee Canu, a I'^reni'li- 
 nian, and Pierre Archandjault, a ]3elgian. lf.i<les 
 l)caiing the owner's brand were also found concealed 
 .'iliout the ))lace. The two men were arrested and 
 taken to San Antonio; the vote ol' the asseml)k;d 
 crowd was asked as to what disposition should be 
 made of them. It was determined that they should be 
 
Ml 
 
 INFELICITIES ANT) ALLEVIATIONS. 
 
 I 
 
 
 if 
 
 n K 
 
 :■<■ = 
 
 given up to tlio autliorities, which was done. During 
 the night the ranchmen tor miles around gathered 
 at San Antonio and in the early niorning forced the 
 juison, and seizing the men, hanged them from trees 
 in tlie roar of the Mansion House. 
 
 At Iowa Hill William Johnson, a noted desperado, 
 on the 24th (tf December stahhed one Montgomery 
 under circumstances peculiarly aggravating. No hoj »es 
 were entertained of lecovery. The assassin was seized 
 hy the sheriff, l)ut was taken from his hands l)v tlio 
 pcopli', tiled hy a jiiiy of twelve, and the next day 
 was hanged, two tliousarifl jjcrsoiis attending. After- 
 Mard Montgomery recovered I. On the 5th of .ranuary 
 five of the |)artir'ipants in tlie ntfair were arrested hy 
 the shei"iH*. who came down iijion thcni with a posse 
 of one hundred and iifty men, wliorenpon the hells 
 were rung, and tlie people rallied, swearing that the 
 accused sljould not he taken to trial. Thinking l)etter 
 of it, and haviii<^, as thev thousfht, nothing to fear, 
 sevtMi others of the citizens who had assisted at the 
 trial and (execution came forward and voluntarily gave 
 themselves up in order that they iniglit share the 
 ])enalty, it' any, with their IVicmds. They were held 
 to hail in the sum (»f live thousand dollars each, but 
 were subsequently diseharged. 
 
 About the s:ime tinu; nt Volcano, in Amadoi- County, 
 one Macy stabbed an old man. In less than half an 
 hour alter the eonuuission of the crime he was executed 
 by the mob. 
 
 Heslep, acting treasurer of Tuolumne Cyounty, was 
 murdei'ed on the IHtli of January IBaf). A man 
 strongly su.s])ectcd of having connnittcd the deed was 
 pursued ami executed by the people within twenty 
 four lumrs. About the same time an old man ol" 
 family at .lacksoii was killcMl bv a vounu" man, and in 
 less than half an houi- after tlu^ nuudep'!- was swiii'^ 
 ing from a tree without the aid of judge or jury. On 
 the 2Gth two Chileans and a Mexican were han^eil 
 
CATALOGUE OF 1855. 
 
 .-•4.1 
 
 by the people in Contra Costa County for cattle-steal- 
 ing. It was the nationality of these thieves that cost 
 thoni their lives. The slaver of a man in a fijjht on 
 the Klamath was found gnilty of manslaughter by a 
 coui't of law. This not .satisfying the people they 
 .seized and hanged the prisoner. 
 
 Three banditti were arrested on the San Joacpiin in 
 January 1855, one of whom, Salvador Valdcs, con- 
 I'l'sscd their connection with a band of cattle-thieves, 
 and said that fifteen were then on their way IVom 
 southern California. He oftered to deliver them all 
 to the people if they would take him to the place 
 iiK'ntioned ; but as Valdes Jiad previously beun arrested 
 and had made his escape, his captors would not risk 
 the consequences of such an experiment. He boasted 
 of having taken the lives of .seven men, and gave 
 vivid descriptions of jiis successful depredations on 
 many ranches. "A regularly organized band of liorse- 
 tliieves," says the Sonora Ilcralil, "exi.sts in Tuol- 
 uume County, wlio carry on their depreciations with 
 an astonishing degree of boldness." After a trial 
 by tlu> ])eoj)le these (les]>oradoes were convicted and 
 hanged at Smith and .loiinson's rancho on the San 
 Jou(iuin lliver. 
 
 A travelling Frenchman relates that on reaching 
 Hawkins Bar he saw a Mexican tied to the trunk ol' a 
 tree and surrounded by a crowd. The culprit was 
 stii])ped to the waist, and a dozen men armed with 
 luidles and stirrup-straps were whipping him by tui-ns. 
 His offence, they said, was the murder of a lu'dl'eUow. 
 Though his back was covered with blood and his tace 
 wa- deadly pale, witli cliai-acteristic stoicism the 
 M(^xican uttered no complaint, but lit^ld between his 
 ( linclied teeth the end of a cigar, as if in deliance 
 ot" fate. Two hours later, on entering a tavern, the 
 l''rcnchman was su'^nrised to sv.c the same man at a 
 table with his (>xecutioners, drinking gin and whiskey. 
 He supposed the affair ended; but the same evening 
 ho found the M(;xican han!»:in2: frcmi the branch of an 
 
344 
 
 INFELICITIES AND .VLLKVIATIOXS. 
 
 r 
 
 E'7 » 
 
 oak. It appears that from conipas.sloii lii.s judges had 
 .sought by tho above moans to deaden suffering and 
 ease the exit. 
 
 On the 1st of February a crowd entered the jail at 
 Oakland between three and four o'clock in the morn- 
 ing, and taking out two prisoners, named Sheldon and 
 Parker, brou<j:ht them t(» a tree near the bridge on 
 the road leading to Clinton. There they executed 
 Sheldon, but released Parker on account of informa- 
 tion he gave incul[)ating others of the horse and cattle- 
 stealing fraternity. Parker, however, was obliged to 
 witness the execution of his companion. 
 
 Upon the adidavit of one William Paine four no- 
 torious horse-thieves were arrested at Turner Pass 
 in ^lay. Tiiey were named William Watson, William 
 Hand, Adolplius I'l Moore, and ]?ole Wilkerson, the 
 two former designated respectively as Big Pill and 
 Littk; Bill. Paine testilietl tliat these men called at 
 liis liouse and made incpiiries as to the stock and 
 money l)el()U''ini»; to diil'erent iiersons in that vicinity. 
 He iiad been ac(|uainted with them lor some time, 
 'i'hey told him tiiey had an easy way <»f making a 
 living, I'reely exposing their method, and asked l*aine 
 to become one of them; telling him at the same time 
 that when they had opened a secret so far to a man 
 thoy would kill him it" he did not join them. Upon 
 the ari'est of the men, they were taken before a 
 l)eoi)le's court and the execution of two of them de- 
 termined upon. They were conducted in front of the 
 residence of the Ilev. J. G. Johnson and })laced on a 
 cart under a tree, when the lickle crowd changed its 
 n)ind and let the constable have them. After lurther 
 meditation upon the matter, late Sunday night a small 
 delegation took the men from jail. Watson was 
 liangetl and then shot; Hand was placed on a barrel 
 for the purpose of hanging him, when he broke away 
 and escaped to the authorities. The fourth prisoner, 
 Wilkerson, eflected his escape in the darkness. While 
 in prison and under conviction of death they all made 
 
.VLICE STiaiUNG OF 1IA\ILAII. 
 
 04". 
 
 impoitant confosHionss as to the organization with 
 which they had boon connected. Watson, of Hii; 
 Bill, stated that the ^'ani^ consisted of three hunched 
 men, and was completely orjjfanizod under a constitu- 
 tion and by-laws, and that it extende«l iVoni the ('t»lo- 
 rado to Marysville. Drown was captain of the hand. 
 Ilenewod eftbrt was now made for the ariest of others 
 imj^licated by these confessions. IJrown was at lasl 
 overtaken stealing cattle from the Tejon, was jmrsued 
 and captured, with two of his men, and all three were 
 hammed. 
 
 Ilavilah when newly settled had in it a l.iiije (juar 
 nlsome element; so that street lii^hts and saloon 
 biawls were of daily occui-retice, and many a life w;is 
 there ruthlessly destroyed without a thought of retri- 
 Itution. One evening <luriiiij;' this yeai', at the Casino 
 ^iiloon, a despera(k> named J Jill llan)nioiid was gam- 
 lilinjj^ with one l''red Stewart, when a dispute arost' 
 which led to Jlannnond's shoot iiij^ Stewart dead. The 
 assassin left the room, and the fiicndsof the murdercil 
 man attended to the remains. The thou:^lit <»f j)ursuintj; 
 I lannnond was not entertained until .lohn, the bi-other 
 • if b'red Stewart, returned from Whiskey b'lat, wiitTe 
 lie was at the time (tf the ail'ray. lie started at once 
 witii six others to overtake the murderer. In the 
 meantime Fred Stewart's funeral took place. Amouij;' 
 t he mourners the mo.st sincere seemed a 3'oung woman, 
 Alice Sterlinjj^, who was a miners tlaun'hter and the 
 jliiiicce of Stewart. J^ong afterward daily she would 
 carry flowers to his grave. Suddenly she was missing, 
 and after unsuccessful search the conclusion was that 
 she had died by her own hand. In Jolm Stewart's 
 ])ursuit of Hammond the desperate character of the 
 outlaw was fully evinced. His hiding-place was «lis- 
 covered in the (jrreenhorn Mountains. The pursuing 
 party divided and ascended the mountain on either 
 side. As Stewart with one companion, Gore, ap- 
 l)r()ached Hammond's retreat, a shot fi-om behind a, 
 tree, followcfl (piickly by another, laid both men dead. 
 
 Poi>. TlilD., Vol. I. Jo 
 
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IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
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 Photographic 
 
 Sdences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 

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 IXFELICITIES AXD ALLEVIATIONS. 
 
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 Wlicu the otliers came up and saw what had been done 
 they abandoned pursuit. It was but a few days after 
 tliis that Alice Sterhng had disappeared. Three years 
 later, Hammond was in a saloon in Pioche at a card- 
 table, when a woman entered and unperceived by him 
 stepped behind his chair, drew a revolver, and shot 
 him dead. Then pointing the pistol to lier own head, 
 she fired and soon after died. The woman was Alice 
 Sterling, and the foul murder of her lover, which with 
 the killing of two others of their number the pusil- 
 lanimous townsmen of Havilah had permitted to pass, 
 was thus avenged. 
 
 Extra judicial associations did not always confine 
 themselves to the punishment of crime ; instances arc 
 on record where misfortune unattended by blame ob- 
 tained recognition. On the 4th of March at Sonora, 
 California, the banking office of Adams and Company, 
 M'hose doors were closed in San Francisco nine days 
 previous, was entered by a mob, the sheriff then in 
 jiossession was driven out, the vault containing the 
 treasure was broken open, and paying tellers appointed 
 who paid it out as fast as checks were presented. 
 After thus sun?Tnai"ily liquidating the liabilities of 
 this branch office, the remainder was handed back to 
 the sheriff and the mob retired. Like attempts were 
 made in other localities, most of which failed tlirougli 
 the firmness of the officers of the law and the <jradu- 
 allv increasinu: love of order and good behavior arisiuLi 
 in the community. 
 
 In August six Americans were found nuirdertd 
 near Jackson. The Mexicans were accused; thirty- 
 six were arrested, and some advocated the execution 
 of all of them. Several were tried, and three hanged 
 on one tree. 
 
 At Snelling in September some Mexicans were 
 caught with stolen mules. One was hanged and 
 
 • • • 1 
 
 another shot, the sheriff being blindfolded and man 
 acled at the time that he miijht not interfere. Wliilc 
 the coroner's jury, summoned by the deputy sherilV. 
 
MARTHA OF COLUMBIA. 
 
 mi 
 
 one 
 
 fter 
 
 jars 
 
 [ird- 
 
 him 
 
 shot 
 
 icad, 
 
 Vlicc 
 
 witli 
 
 :)usil- 
 
 pass, 
 
 online 
 OS are 
 lie ob- 
 onora, 
 npany, 
 e (lay- 
 lien ill 
 ng tbe 
 pointed 
 
 sented. 
 
 ties oi" 
 ack to 
 
 trt wert' 
 
 hrougli 
 crradu- 
 
 arisiii;4 
 
 lurdeved 
 thirty- 
 Lccuti(»u 
 hanged 
 
 IS were 
 red and 
 Fid nian- 
 
 sherilV, 
 
 were lioldingan inquest, shots were fired into the room 
 by Mexicans, and several wounded, one fatally. The 
 otficer was taken prisoner but afterward released. 
 
 In all the southern mines there was no lovelier town 
 than Columbia; but durinac the reitjn of bowie-knife 
 and pistol it was the scene of many an unlovely per- 
 formance. Bright the sun and beautiful the hills; 
 sweetly sang the waters, and sweeter still the birds; 
 fresh the air, which every morninsf Ireshened the 
 delver's ardent lonyinijcs often faint with waitini;. 
 Ah, what a fair world this might be but for the un- 
 restful heart of man! Give me for companions rocks, 
 trees, and llowers; or if of blood and sinew, then 
 l)easts, and birds, and fishes; or if of species kindred 
 to my own, then savages, sylvan men and women for 
 whom centuries of cultivation have not provided mul- 
 titudinous arts as ministers to their passions; for my 
 soul's light give me the sun, and whatsoever more it 
 shall please my maker to let me know, but deliver me 
 from the coarse brutalities of civilized men. 
 
 Columbia was fair I say; not so was Martha. 
 Nature in her happiest mood had fashioned the hills, 
 and overspread them with loveliness; had filled the 
 echoing canons with sweetest melody and laid on all a 
 heaven of palpitating light; Martha's heart was acrid, 
 and her blood like the clear babbling stream muddied 
 by the miners, was turbid with the flow of the soul's 
 impurities. 
 
 Therefore Martha was no saint; neither would she 
 have been welcomed into the sisterhood of those im- 
 maculate dames whose virtue shines briijfhtly only 
 when placed l)eside black vice. Martha kept a saloo)i : 
 what that meant in a mining town in early days the 
 reader well knows. Some call them dens, but I do 
 not; everybody went there, and she was as respectable 
 as the men who were glad to sit on her sofa and talk 
 to her because she was a woman; furtiiermore, Martha 
 was married: nuirried to a man. 
 
 m 
 
11 
 
 .1' U- , 
 
 Jir 
 
 
 if II 
 
 648 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 1'-- 
 
 John Barclay was liis name; and he was not a bad 
 man, thougli a gambler, married to a prostitute, and 
 finally hanged. He was not a bad man, though the 
 woman he married brought him for a dowry what 
 Helen brought to Troy — desolation. He was not a 
 ^)ad man, morally measured, as men go; I would rather 
 have such a one my friend than many who make 
 broad their phylacteries and sit in church pews, than 
 many who count their worse than gambling gains 
 by millions. Hu was honest and open-hearted, not 
 mean; he gambled, and so did those for whom he 
 dealt, the class that pretend to abhor gamblers, those 
 who sit on one side of the table, condemning the no 
 more guilty who occupy the opposite seats. True, 
 the woman h(3 married was one at whom those who 
 had made her what she was threw stones ; and he her 
 husband was hanged, but it was for that which any 
 manly man would have done under the circumstances, 
 namely, for shooting one who was striking his wife. 
 Let those whose morals cover no impurities, whose 
 I'cligion hides no hypocrisy, denounce the openly bat! 
 as in every particular worse than themselves; for my- 
 self I see much to excuse in the professionally wicked 
 that I cannot pass by in the more refined rascalities 
 of the prudish and the puritanical. 
 
 But in the tongue of current morals Martha was 
 bad; and so was Barclay. The 10th of October 1855 
 they had been married less than two months. The 
 event was celebrated while Martha was absent at an 
 agency of hers at Chinese Camp. It was there that 
 Barclay first met her, and their short acquaintance 
 ripened into a sort of worm-eaten affection. 
 
 John H. Smith was a minor, not necessarily better 
 or woise than Barclay; but the world in its moral 
 technicality agreed, by reason of his occupation, in 
 calling him better; though so far as the record goes, 
 the only difference between them lay in the fact that 
 Smith drank to drunkenness at the counter from 
 behind which Martha served the poison, and gambletl 
 
MARTHA'S HUSBAND. 
 
 640 
 
 bad 
 and 
 
 the 
 vliat 
 lot a 
 Lther 
 nake 
 than 
 Lj-ahis 
 , not 
 11 he 
 those 
 he no 
 True, 
 3 who 
 le her 
 h any 
 .anccs, 
 s wife, 
 whose 
 ly bad 
 
 r niy- 
 .vicked 
 ^ahties 
 
 better 
 
 nioi 
 
 sitting at one side of the table while Barclay sat at 
 the other side. 
 
 On the date before mentioned Smith dropped his 
 pick and entered Columbia on a rousing spree. While 
 in Martha's saloon he accidentally broke a pitcher 
 which was standing on the counter. A fistic skirmish 
 followed the high words arising from the accident; 
 but the male being the superior brute, Martlia was 
 getting the worst of it, when Barclay entered, drew a 
 pistol, and shot Smith dead. 
 
 The miners were furious, as they had reason to be. 
 Barclay had no light to kill Smith; he should be 
 hanged for it, and the miners would do it if the law 
 would not. Coffroth was there, and stirred their 
 passions in a moderate speech, partly to see them 
 siumier and partly to sugar-coat his own popularity. 
 Coffroth was Ijecoming very wise. Two years back 
 he was ready to fight for the law. And he still thought 
 the law a good thing ordinarily, but in this instance — 
 the murdered man had been a friend of his. 
 
 Jack Ilcckendorn, editor of the Columbia Clipper, 
 was nominated judge, and a juiy of twelve appointed. 
 The sheriff and his subordinates were easily over- 
 powered, the jail doors were beaten in with axes and 
 crow-bars, and the prisoner was brought forth. Bai-- 
 elay well knew the meaning of it all, and on reaching 
 the jail door made a desperate effort to escape. ]3ut 
 on him, all at once, fell fifty men amidst horrible im- 
 precations and cries of •' Hang him !" "Up with him !" 
 "Put him through!" "Swing him up!" 
 
 Beneath the ominous beams of the Tuolumne Water 
 Company's flume where it crosses the Gold Springs 
 road the turbulent tribunal asseml)led and sat. Here 
 a ring was formed, and the prisoner with John Oxley, 
 who had been appointed his counsel, placed within it. 
 Tliere were also the judge and jury, with Coffroth as 
 prosecuting attorney, though he would gladly liavo 
 seen Barclay free. Little prosecuting the poor- pris- 
 oner required, surrounded as he was by the thousand 
 
550 
 
 INFELICITIES AXD ALLEVIATIONS. 
 
 ; 1 
 
 Iv- ' 
 
 m 
 
 flames of consuming vengeance l>lazing in the breasts 
 of those ravenous for liis blood. As well might Oxley 
 stand beneath the high Yosemite and argue to the 
 waters the folly of their falling. 
 
 And to Barclay, how sudden and how strange ! It 
 was like the delirium of a drunken dream. But an 
 hour or two ago he was free and happy. The sun 
 then shone for him; the glorious panorama spreading 
 I'rom where he sat, and soon to be rolled from his i-e- 
 ceding gaze, was then brcath-inspirod foi- him, attuned 
 to the melody of his life. He had harbored nt) ill to 
 the man he had killed, never before had seen him, did 
 not even know his name. Instinctivelv he had raised 
 his hand against him who had raised his hand against 
 his wife. What demoniacal howler of them all would 
 not have done the same? And all for a broken 
 pitcher. Oh, most danmable ! 
 
 John Ward moved that the jury be sworn, when 
 the crowd shouted, *' No humbug!" "Go ahead!" In 
 this instance the crt)wd were right; wJiat had swear- 
 ing to do with it? There was not a jmyman there 
 but knew his verdict would bo that oj" guilty; he dare 
 not give another. Nevertheless the jury were sworn; 
 and probably the consciences of some were eased 
 thereby. It was the irony of the jury system and 
 of judicial procedure, these mob tribunals, with their 
 judge, counsel, and jury, and the verdict already before 
 the trial. Swear in (j}od'« name, if there is any relief 
 in it; but no wonder the crowd cr}' "No humbug!" 
 
 The witnesses were then called, but we will not 
 follow them. The evidence is all before me, and is as 
 I have stated. It was a very simple case: Smith was 
 drunk, and Martha, angry that he should break her 
 pitcher, applied abusive epithets, whereupon Smith 
 seized and handled her loughly, and Barclay entei'ing 
 at that moment shot him. The whole aft'air, so says 
 the testimony, did not occupy five minutes. Coffroth, 
 the prosecutor, testified to the respectability of the 
 prisoner prior to his marriage. 
 
WOLVES IN MEN'S CLOTHING. 
 
 651 
 
 sasts 
 
 xloy 
 
 the 
 
 \ It 
 
 it an 
 ) sun 
 vding 
 is re- 
 buncd 
 ill to 
 m, did 
 raised 
 i^ainst 
 would 
 )roken 
 
 , when 
 1!" In 
 [ swear- 
 there 
 dare 
 sworn ; 
 eased 
 
 iUl 
 
 and 
 
 their 
 
 before 
 
 relief 
 
 1" 
 
 |)Ug: 
 
 ill not 
 nd is as 
 ith was 
 ak her 
 
 Smith 
 ntering 
 so says 
 offroth, 
 
 of the 
 
 Give him to us I" '' I p 
 
 Meanwhile tlie crowd wore noisy and impatient. 
 Martha Barclay was called by the defence to testify. 
 Then the mob began afresh, "No, no I" "Away with 
 herl" "Off I off!" " Put her away I" "Bring a'lnena 
 to testify!" And these great American justicc-loxers 
 wttuld not let the hated object come near tlie ring. 
 When the husband shot the man that assaulted the 
 woman, then she was not his wife, and hence anath- 
 ema. When the woman wished to testify, tlien she 
 was his wife, and hence anathema. 
 
 Hcckendorn, the judge, then asked if there were 
 any witnesses from Chinese Camp, Barclay's former 
 ])lace of residence, w'hen the crowd yelled, "What in 
 liell do we want with Cliinesel" " Send liim to liell 
 Jbr witnesses!" "Make a prayer and let's have liim!" 
 "Don't wait! the sheriff will be here directly!" To 
 which last remark the judge replied with gravity, 
 "There is no danjj^er the sheriff will get throu<>'h this 
 crowd." The answer was, "' 
 with himl" 
 
 Heckeiidorn, fearing the crowd would become 
 frantic, then announced that the counsel on either 
 side would address the jury. "Cut it shoit!" came 
 from the rabble. "One minute apif.'ce!" "Quick!" 
 "Short!" 
 
 Coffroth, for the prosecution, opened and was lis- 
 tened to with attention and applause, for though the 
 prisoner was his friend the eyes of the world wei'o 
 u[)ou him. Oxlcy, for the defence, could scarcely be 
 beard at all. He begged them to consider what they 
 wei'e about to do. "Enough!" "F^nougli!" was the 
 reply. He spoko <.)i' the laws, when he was interru])ted 
 with "Damn the laws!" "No, no! up with him!" 
 "Give him to us!" This last was the most horrible 
 cry the prisoner had ever heard. There was more of 
 the hungry wolfishness in it, more of that insatial)le 
 thirst for human blood, than could be found in oceans 
 of current blasphemy. The judge asked that the 
 counsel for the defence might be heard, but in vain. 
 
I't" II 
 
 I 
 
 J* 
 
 m 
 
 INFELICITIES AXI> ALLEVIATIONS. 
 
 It was now dark. A large fire whicli had been 
 kindled blazed near by, casting its crimson glare upon 
 that terrible tribunal which struggled so hard to give 
 the color of justice to their wildly insensate proceed- 
 ings. It was a weird and woful spectacle. 
 
 While Coffroth was writing a letter home for 
 Barclay, and just as the jury were about to retire, 
 James M. Stewart, the county sheriff, rode u]> and in 
 the name of the law demanded the person of John S. 
 Barclay. He then attempted to seize him, but the 
 mob in its fury easily caught uj) both Barclay and the 
 sheriff, and carried them separate ways. In an instant 
 Barclay was beneath the flume with the inexorable 
 hemp about his neck. Stewart made a desperate 
 effort to save him. Breakincr from those who held 
 him, he called upon the people to assist him in the 
 discharge of his duty. With almost superhuman 
 strokes he beat down the rabble between himself and 
 Barclay, and with a knife attempted to cut the I'ope 
 which held him, when he received a severe blow from 
 a pistol upon his liead, and was caught and dragged 
 back into the crowd. 
 
 The remainder of this disgraceful tragcdj' I will not 
 write, but will give it in the words of an eye-witness : 
 "The hancjinsf scene was one of the most terrible and 
 brutal ever witnessed by man. The rope had been 
 lowered from the flume above and haltered around 
 Barclay's neck without the humane precaution of 
 pinioning the wretch's hands and arms. A dozen 
 men hauled away on the rope, and as the writhing 
 body went up, a yell broke forth from the mass of 
 men below. The imprecations were horrible, and the 
 gesticulation brutally expressive. The mob was now 
 frantic, murderous, mad. As the howling demons 
 above luiulod on the rope, Barclay in the intensity of 
 his despair grasped the cord over his head with both 
 hands and clung to it for a few moments with the 
 tenacity of desperation. Those who were hauling at- 
 tempted to shake Barclay's grip by raising the rope 
 
THE YEAR 1856. 
 
 86S 
 
 ill not 
 tness : 
 le and 
 
 been 
 Tound 
 on of 
 dozen 
 itliing 
 ass of 
 
 id the 
 Is now 
 lemons 
 sity of 
 ill both 
 bh the 
 mg at- 
 |e rope 
 
 and letting it fall suddenly, and one of his execu- 
 tioners, a man named Terry, leaned over the edge of 
 tlie flume and shouted, 'Let go, you damned fool! 
 let go!' Finally one hand weakened and fell to his 
 side; then the other gave way, and a few convul- 
 sive quivers ran through his frame as his breath was 
 strangled by the tightening cord. Tlien all was still, 
 the body hanging motionless forty feet above the 
 surging mass of men beneath. For an instant an 
 awful calm fell upon the mob; they seemed to realize 
 the full extent of their horrible work, and men spoke 
 in whispers as they gazed upward at the shape 
 <langling between heaven and earth. Then the reac- 
 tion came; the swinging body lost its interest, and the 
 hoarse yells broke forth once more. *To INIartha'sl' 
 'To Martha's!' they yelled. 'Let's rip the liouso 
 down!' 'Down with it!' 'Hurrah, boys!' and away 
 went a large number of the more blood-thirsty mem- 
 bers of the mob. Arriving at Martha's, they broke 
 the windows only. They then proceeded to a place 
 called Pike's, and after behaving like a pack of mad 
 fools, shouting and dancing, performed in the same 
 insane manner in front of what was known as the 
 'China Houses,' one by one the surfeited mob dis- 
 a[)peared, and shortly after midnight all was quiet in 
 Columbia." 
 
 The ye.ir of the Grand Tribunal opens with the 
 apprehension of two Chileans near Coulterville in 
 ^larch^ charged with robbing Chinamen. Tried before 
 a magistrate, they were acquitted. The people, how- 
 ever, were not satisfied. Robbing Chinamen was a 
 common thing — no very great offence as wickedness 
 wont — and if the culprits had been Americans it is 
 probable no further notice would have been taken of 
 tlie affair. But the miners never missed a chance 
 of hanging a ' greaser.' So these two Chileans were 
 seized again, tried by the people, and one of them 
 nanged. 
 
554 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 i,. 
 
 Four i)orsons, tliioe JNIuxicaiis and one Indian, who 
 had been incarcerated on rather shght proof at Mon- 
 terey to await their trial I'or murder, on the l7th of 
 May 185C> were taken from the jail by the mob and 
 lianixed. 
 
 At Deep Creek on the night of the 23d of June 
 Solomon Brundridge of Surprise Valley was killed 
 by one A. J. Goff', who claimed to iuive connnitted 
 the deed in self-defence. The wife of the murdered 
 man was the cause of the difficulty. Gotf boarded 
 at Brundridge's, and the husband was jealous. Mrs 
 Brundridge was a sinuer. Goff told what he had 
 done; but not finding that expression of sympathy in 
 the eyes of his listeners which he deemed essential to 
 his safety, he attempted to escape, whereupon he was 
 arrested. The inquest over, the people concluded to 
 hang Goff. Prisons were insecure, and trials expensive 
 and uncertain. Whatever conclusion the law might 
 arrive at, Goff was none to good to hang. So on the 
 night of the 27th, lifty men of Suri)rise Valley, armeil 
 with guns, presented themselves before the house 
 where Goff was coniined and demanded the murderei'. 
 The limbs of the law bristled with bravery. Particu- 
 larly Judge Bowmer felt himself called upon to lay 
 down his life for the constitution of his country. 
 Knowing that there was not the slightest danger of 
 their firing on him, tlu> judge placed his back against 
 the door, and while a dozen open-mouthed guns ic- 
 garded him threateningly, lie loudly declaimed that 
 they should make him like unto a piece of honey- 
 comb before he yielded to their unhallowed demands. 
 Shoving the good judge aside they entered, brought 
 out the prisoner, and conducted him to a gate witli 
 tall posts and a cross-beam. xV rope was thrown ovei- 
 the beam, one end of whicli Goff adjusted to his neck. 
 While these preparations were going on he took oc- 
 casion to remark that he was a dead-centre shot with 
 a revolver, that he had killed more men than one, 
 that he always said he should die with his boots on, 
 
ENGLISHMAN AND SlWNIxVRD. 
 
 flW 
 
 and that if ho might kill threo inoromeii in the valley 
 ho could die happy. Thou chinbing tlu' ropo to the 
 cross-boam, ho junipod oil', launohiiig his soul luddcr- 
 loss into spaco. . 
 
 C. Colobrook, an English sailor living at Angol 
 Camp, in tho al'tornoon of Soptombor 20lh wont to 
 tho cabin of one Armstronir an<l plnnijod a knife into 
 his heart for having callotl him a hog-stoalor. Ar- 
 rested, Colobrook was taken before a justice of the 
 ])oaco, and his trial began. I>ut the j)eo[)lo did not 
 iiincy the slow movements of legal maciiinoi'V. Tlicv 
 knew a better way, they said. An unhanged hrolher 
 of this murderer roamed at largo, who, had liis just 
 ])unishment boon given him, might have deterred this 
 deed. Tho nuu'nuu-s of tho dissatisliod grow louder, 
 and the judge sent to San Andres for holji, tho 
 towns-people of Angol refusing him assistance. Night 
 came on, candles wore liglited, and still tho trial con- 
 tinued. Suddenly a man rushed into court and ex- 
 claimed ak)ud that tho sheriff was coming with a j^osse 
 of men to shield the prisoner, and that now or never 
 was their time. Immediately all was uproar. Tho 
 lights wore extinguished, judge, clerk, and constable 
 seized and firmly held, while the prisoner was hastened 
 to the nearest tree and his black soul lot fly bat-like 
 into the blackness of the ni^'ht. 
 
 TJie resort to the swift and summary pr-ocoss of 
 lynch law for righting the wrongs of a conmiunity is 
 always hazardous as an experiment, and frequently 
 results in the grossest injustice. As wo have seen, tho 
 (•Ijorations of the Vigilance Connnittoe of San Fran- 
 cisco encouraged other conununitios to throw off the 
 restraints of the law, and furious American mobs 
 were occasionally guilty of acts of violence worthy of 
 tlie wildest barbarians. In October of this memora- 
 ble year of i85G some Spaniards suspected of horso- 
 steahng camped on Pajaro Kivor wore attacketl by 
 a party of Americans, citizens of Watsonville, and the 
 whole party killed or captured. About six o'clock 
 
 It 
 
 I 
 
656 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 next uiorninj^ six or Revon Spaniards came riding 
 through the town, and wore attacked hy the same 
 party of Americans. A tight ensued, in which one 
 Spaniard was wounded, while the others rode away. 
 The wounded man was brought in and tied to a flair- 
 staft', and a mob jury was liastily impanelled. While 
 this tribunal was in session a discussion arose amon^f 
 the citizens as to whether the man should be tried by 
 the irregular Jury or turned over to the authorities. 
 It was finally concluded to submit the matter tc- a vote, 
 when the sentiment appearing to be in favor of turn- 
 ing him over to the authorities, he was secretly let 
 loose. Then a hue and cry was raised, and the white 
 mob launched out in pursuit, firing some fifty or more 
 shots at the culprit before he was I'ecaptured. He 
 was brought in with a rope around his neck and tied 
 to a post like a horse. Then, having been allowed 
 time to smoke a cigarette, he was hanged without 
 further ceremony. 
 
 Precarious is the [)ath of horso-thieves. At White's 
 i-ancho, near Watsonville, in October labored a native 
 Californian sus[)octed of intimacy with a bantl of ma- 
 rauders infesting that vicinity. Arrested and brought 
 to town for trial by the people, certain of the moder- 
 ate sort prevailed upon the hotter-headed to deliver 
 the ofiender to the law. Next day, no one appearing 
 against him, he was discharged from nistody. When 
 those who had made the arrest het^rd that the law 
 had loosed theii' victim, they pursued and recaptured 
 him. While arranging for his trial the slippery fellow 
 broke irom them and ran. Shots were fired, which 
 failed to bring him down, but he was finally taken 
 for the third time. The work was becoming too long 
 and too warm; so quickly they hanged him to a tree, 
 thus making sure of the execution, though failing in 
 the trial. 
 
 The people of Happy Camp, in Del Norte County, 
 arrested two Chinamen suspected of the murder of 
 one O'Meara and of the robbing and burning of a 
 
SELLING ONE'S HEAD. 
 
 557 
 
 junty, 
 
 Icr o\' 
 
 of a 
 
 store belonging to a man named Gazquot; the China- 
 men confesReil tlie crime and were lianjjfed. 
 
 An American at a certain mininii'-camp, who doubt- 
 less was in haste to change his place of residence, 
 !i])[)ro[)riated to himself a horse belonging to one of 
 his countrynien, and without saddle or bri<lle lode to 
 Calaveras, some thirty miles distant. The owner on 
 discovering his loss armed himself, mounted his horse, 
 and followed the thief The latter wirs taking his 
 I'epast at the Empire; lEotel in Calaveras when he 
 felt a han<l laid on his shoulder and heard a voice 
 say: "Well, my friend, did my horse suit you'i? It 
 was not the best in the corral, for you see I have 
 overtaken you." Without api)arent concern the other 
 answered that the horse was in the pasture, and otfei'ed 
 to fetch it. A ride of thirty miles had made the 
 owner hungrv, so he sat down and ate beside the 
 thief The meal iinished, the two went to the sheriu' 
 to have the matter settled. There had been several 
 tliefts in the couuiy lately, and the thieves had es- 
 caped; here wns an op[)()rtunity to make an cxanijile. 
 A jury was quickly convened, and by their venhct 
 tlio olfender was sentenced to be hammed. The con- 
 demnetl, a young man of some twent3'-live years, 
 tried to plead in his own behalf, but the verdict was 
 without appeal. 
 
 He then resigned himself to death, merely asking 
 that he might be shot instead of lianged, a favor 
 which was granted him, as good shots were plentiful 
 ;it Calaveras. 
 
 The physician of the place, who was a soi-disant 
 ])hrenologist, noticed some peculiar traits about the 
 liead of the prisoner, and ofl'ered him ten dollars for it. 
 I'he ofler was accepted. The condemned enclosed the 
 l)iece of gold in his tobacco-pouch, together with a 
 lock of his hair, and asked the sheriff to send it to his 
 mother in Missouri, at the same time begging him not 
 to inform her of the cause of his death. The sherift' 
 promised that he would simply tell her that her un- 
 
 ( ^i 
 
558 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 :ii 
 
 Ff' 
 
 Si 
 
 ii 
 
 fortunate son had died fr'^^m the effects of a horse-race. 
 Standing up before the rillemen, the fellow bared his 
 breast to them, asking them not to aim at his head, as 
 ho would not wrong anybody in his last moments, not 
 even the physician. The corpse was yet warm when 
 a dispute arose between the doctor and tlie sheriff, 
 because the latter insisted that if the former wanted 
 the head he must take the body with it. The doctor 
 was obliged to yield. He severed the head from the 
 body and carried it away in a sack, swearing that next 
 time he would expressly stipulate that he was to have 
 the head only. The body he threw into an old mining 
 shaft and covered it with stones. 
 
 One night in a certain mining-camp a sailor who 
 had deserted his ship stole two bags containing aliout 
 five thousand dollars' worth of gold, and seized a third 
 containing half dollars in silver. The jingling of the 
 coin awoke the owner, who gave the alarm, and the 
 thief was captured. A jury of twelve miners, with a 
 man namcid Nutman officiating as judge, tried the case. 
 The sailor was found guilty and sentenced to be hanged. 
 It was finall}^ thought best, however, not to take his 
 life, but to give him one hundred lashes on the bare 
 back, cut off his cars, and shave his head, so that he 
 should be recognized as a felon wherever he went. 
 Tlie sentence was carried into effect, and the fellow 
 kicked out of camp. Stealing the first mule he camo 
 to, he rode to Calaveras Diggings, where the animal 
 was claimed by the owner. Again he was tried, and 
 sentenced to be flogged, but when laid bare his bad; 
 was found so cut by stripes that there was no place 
 left to wJiip. The miners had compassion and droMJ 
 liim out of the district unpunished. 
 
 In the case of an American and a Mexican, ar- 
 rested at Knight Ferry in September 185G for horse- 
 stealing, from tlie crowd assembled the prisoners wero 
 allowed to select twelve to act as a jury in the trial. 
 Before proceeding, the people decided that a majority 
 of the jury should be sufficient to render a verdict, and 
 
THE YEAR 1857. 
 
 r.r)9 
 
 race. 
 
 I his 
 ,d, as 
 snot 
 Allien 
 leriff, 
 mtod 
 .octor 
 
 II tlio 
 b next 
 > have 
 linui;-? 
 
 langf 
 
 that such verdict should be carried out, whatever it 
 might be. The decision of this jury, for a lynch 
 court, was somewhat singular. The prisoners were 
 found guilty and ordered to be given over to the 
 legally constituted authorities for trial. 
 
 The people of Mokelumne Hill thought Henry 
 Lorenze had taken Hopkins' money, but they could 
 not prove it. One Sunday evening — it was the 4th 
 of October 1857 — Smith invited Lorenze to drive 
 with him. Jogging along happily in a buggy, sud- 
 denly five masked men sprang from the roadside, 
 seized Lorenze, and carried him up to a flume, where 
 they nearly strangled him. Repeating tlicj process 
 of lifting up and letting down, with intervals of rest 
 for confessional purposes, for about two hours, Lorenze 
 was permitted to depart, nothing having been choked 
 out of him. It is needless to say that his friend Smith 
 did not wait with his vehicle for him. 
 
 One of the Wolfskills, of Solano County, in October 
 1857 lost a horse, which was supposed to have been 
 stolen. One day the animal returned of its own accord, 
 but with a saddle on its back. After due inquiry a 
 Mexican living in Vaca Valley was pronounced the 
 guilty person, whereupon a part}'' of the horse owner's 
 friends called upon the j\Icxican, who, seeing them 
 liandle with such grace and looseness the ominous 
 hemp, threw himself upon a horse and fled. The 
 others were instantly after him, and they finally suc- 
 ceeded in running him down in the vicinity of the 
 Potrero Hills. Then they hanged him in due form : 
 but before life was wholly extinct, on ascertaining 
 that he was not the man they had taken him for, and 
 no horse-thief, they lowered him gently and begged 
 his pardon. Connnenting on a similar incident, tlie 
 editor of the New York Deuiocrat, writing 'hung' for 
 'hanged,' 'vigilance committee' for 'mob,' and, per- 
 haps, 'Illinois' for 'California,' says: 
 
 "Lynch law is tolerably effective, but it has its faults. Mistakes are liablo 
 to occur. The other day in Illinois a vigilance committee hung a man because 
 
;>G0 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 he looked like another man who had stolen a horse. The mistake was dis- 
 covered after the man's neck had heen twisted all out of shape and the 
 breath of life had been permanently removed from his body. Ho naturally 
 felt a little cool toward that committee, and no amount of apology on their 
 part could restore him to a proper sense. The lynch-law men should be 
 BUI* they are right before they go so recklessly ahead." 
 
 The Argonauts of California were not much given to 
 vexatious civil suits, but had their own way of filing 
 demurrers, enjoining trespassers, perfecting titles, 
 etc.; and it certainly had the advantage of economy 
 and despatch. In the summer of 1858 a company 
 of miners were working a bar-claim on the Stanislaus 
 Kiver, near Peoria Bar, using a wheel for raising the 
 water into their sluices. Two Frenchmen went to 
 work below thorn, with a view of fluming the river, 
 and were putting in a dam, which had attained such a 
 height as to force the water back on the wheel of the 
 other company, when the latter remonstrated. An 
 angry altercation followed, the canons for a time rever- 
 beratiiio' with the sonorous maledictions of Missouri 
 minu'lud with the trilling^ r's of France. Then the 
 Frenchmen, issue having been thus legally joined, 
 went to their cabins and came forth witli shot-guns, 
 and opened fire on the others, who were unarmed, 
 soon stretching throe of them upon the ground, one 
 dead and two mortally wounded. The Frenchmen, 
 taking their arms, left the place. Some miners, 
 headed by a man named Pike, followed them across 
 the Stanislaus River and up into the Chaparral 
 ]\Iountains, where a fight ensued in which Pike was 
 slain outright and one of his followers, Charles Ken- 
 nedy, mortally wounded. The victorious Frenchmen 
 then continued their journe}^ but probably soon found 
 their " last camp," as all the miners of that region 
 were on the lookout for them. 
 
 A Mexican gambler named Pansa stabbed a Ger- 
 man at Sutter Creek. The miners selected a jury 
 and tried the Mexican; the jury found him guilty, 
 and the verdict was seventy-five lashes, as the Gci- 
 
TOWN-BUILDING AND HANGING. 
 
 561 
 
 (lis- 
 thc 
 rally 
 their 
 d be 
 
 ill to 
 
 iling 
 
 itles, 
 
 loiny 
 
 pany 
 
 slaus 
 
 <y tlie 
 
 nt to 
 
 river, 
 
 iucli a 
 
 3f tlic 
 
 i. An 
 
 rever- 
 
 issouvi 
 
 u tlie 
 
 oined, 
 
 tirmed, 
 lul, one 
 ilimen, 
 [niners, 
 across 
 |aparral 
 ike was 
 Is Kcn- 
 Lchmen 
 [i fouml 
 region 
 
 a Oer- 
 a jury 
 
 ruiltV, 
 
 le Gev- 
 
 man was still living; but should he die, Pansa was to 
 be hanged. The lashes were given with a will. The 
 next day the German died; the Mexican was then 
 executed. The justice of the verdict was conceded 
 oven by his own countrymen. The whipping in ad- 
 dition to the hanging would not have been required 
 had the German died outright; but when the suftering 
 of his victim for twenty-four hours is considered, the 
 sentence seems to present some shades of equity finer 
 than those often distinguished by the law. 
 
 Nine thousand dollars were stolen from the ex- 
 press ofiice at Fiddletovvn on Sunday night, the 1st of 
 February 1857. Five men, notorious as gamblers and 
 thieves, were arrested and lodged in jail on suspicion. 
 Unable to obtain the facts in the affair, two of the 
 ])risoners the Tuesday following were taken out and 
 lifted by ropes round their necks, but were lowered 
 before life was extinct. They would confess to nothing, 
 and were set at liberty. On Fiiday another, Step- 
 })orfield by name, having displayed much bravado 
 throughout the affair, was brought out, pinioned, and 
 hanged to a tree, but was rescued by tlie sheriff, who 
 removed him to Jackson jail. 
 
 The people of Bangor, Butte County, it appears did 
 not approve of the murder of Chinamen, even by white 
 people. On the 2d of April 1857 four men, who had 
 escaped the sheriff holding them on a charge of killing 
 a Chinaman, were pursued and captured by the people, 
 aiul three of them instantly hanged. Before the ex- 
 ecution the criminals confessed their guilt. They 
 belonged to a gang of about fifty outlaws. 
 
 Gold in tempting quantities being discovered on 
 Butte Creek in the early summer of the same year, 
 the treasure-hunters assembled to adopt measures for 
 laying out a town. First the spot must be christened. 
 ' Goats ville' one suggested for a name; another 'Hu- 
 borsville,' another * Shaderville,' but * Diamondville' 
 carried by seven majority. Hangmg seemed next in 
 order; that is to say, let an example be made, and so 
 
 Pop. Tbib., Vol. I. 30 
 
INFELICITIES AXD ALLEVIATIOXS. 
 
 
 M:'i 
 
 secure safety. The victim was a Chinaman seen rob- 
 bing the sluice of one Timothy O'Mera at midnight. 
 The heathen was detected by a watchman and shot, 
 once, twice; notwithstanding the leaden increase of 
 weight, John ran two hundred yards, when he fell and 
 was captured. Semi-strangulation was resorted to in 
 order to ascertain the whereabouts of plunder pre- 
 viously taken. John was firm. Off came the pride- 
 sustaining queue; still John spoke no words. Finally 
 even his Cliinese stoicism gave way, and the poor 
 Celestial promised if his tormentors would take liini 
 to the tent of a countryman he would pay two hun- 
 dred dollars, which was the amount said to have been 
 taken. Unable to walk, the miners carried him; but 
 arrived at his brother's, alas! he knew him not. Dis- 
 tress severs tlie affections even of Chinamen. Some 
 were now lor hanging what remained of John upon ;i 
 tree. But others said No; what advantage should 
 accrue from extinguishins: the little lifrht left in thai 
 vmhallowed lamp ? 
 
 Entering Aubui-u by a certain road early one morn- 
 ing in Februar 1858, one might have seen, perhaps 
 with some surprise, a black body jiendent from a tall 
 pine about half a mile from the town. The negro's 
 name was Aaron Bracy, and he was placed there, a1 
 some moment selected from the silent hours of the 
 night previous, by tlic citizens of Auburn, who took 
 him from the custody of the law, to which he had 
 voluntarily doliverod himself after the murder of a 
 much respected iidiabitant of the place. 
 
 It is not often that a Chinaman kills a white woman 
 in California; yet there was such an occurrence at 
 Cooke Bai", near Sacramento, the 18th of Octobof. 
 Mrs Sarah Xeal, a respectable Irish woman with 
 four or live thousand dollars, kept a store at the tinio 
 and place above mentioned. Shortly after mid-day, 
 during the hours of business, while the woman liap- 
 pened to be alone in the store, a Chinaman ontoind 
 and with a knife cut her to death. The Chinaman 
 
THE YEARS 18r)8-9. 
 
 sm 
 
 shot, 
 ,e of" 
 L and 
 to in 
 
 pre- 
 )riflc- 
 inally 
 
 poor 
 c liini 
 ) hun- 
 3 been 
 a; but 
 Dis- 
 
 Somo 
 upon a 
 shoulil 
 in thai 
 
 was immediately hanged by the people. The cause of 
 the killing is not known; John's ways ai'e mysterious. 
 Harrison Morgan and Richard Wallace were ar- 
 rested the 30th of November 1858 on suspicion of 
 the murder of John Leary, constable of Columbia. 
 The prisoners w^ere lodged in jail at Sonora, and on 
 the 2d of December were taken to Columbia for ex- 
 amination. Wallace confessed to numerous thefts, but 
 denied the nmrder; aijainst Morjjan thei'e was stron^jer 
 evidence of guilt. Meanwhile the cloud of popular 
 opinion blackened without. The officers saw the 
 coming storm, and when ready to remove the prisoners 
 ordered the court-room cleared of spectators. The 
 sheriff's buggy was standing at the back door; and as 
 all seemed quiet, although the assemblage was large, 
 he did not anticipate danger. Sedgwick, the sheriff, 
 and Mullan, the marshal, took Wallace, while tlie 
 deputy sheriff and a constallj conducted Morgan. As 
 the party passed out, a rush was made by the crowd 
 for the prisoners. ^Morgan's keepers struggled man- 
 fully to hold him, and Morgan struggled manfully to 
 be held by them; but the mob was too many for them, 
 and away he went to his death. The sheriff, wlien he 
 .saw one prisoner lost, shoved Wallace back into tlio 
 court-room. There were now ccmiparatively few people 
 about the place, most of them having followed ^lorgan. 
 Yet there were enough to give the sheriff a severe 
 struggle before he succeeded in placing the prisoner 
 in the buggy beside the driver, and sending him as 
 last as the horse could run, with the mob liowlinsf at 
 his heels, toward the Sonora jail. Night canu' on 
 apace, cold and -'^''•idy. With the departure of the 
 sun the feverish passions of the multitude sul)sidetl. 
 The miners scattered to their homes; and where so 
 lately the infuriated mob had stirred the dust with 
 their wrestlings and rent the air with cries of venge- 
 ance, quiet I'cigned. Along the dusty road that 
 leads from Gold Springs came roundly racking a 
 dusky cliild of the Flower}' Land. A basket of tish 
 
 ' ii 
 
m 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 
 was on his head, and round liis heart played feline 
 strains of home. Just as he was passing under the 
 flume that crosses the road near the town his head 
 came in contact with a long swinging object, which 
 sent his basket of fish flying into the bushes. Look- 
 ing up he saw dangling about his head the grim corpse 
 of Morgan the murderer, left hanging there a few 
 hours before by his relentless executioners, John's 
 bieatli came wheezing; his coppery face assumed an 
 amber hue; his almond eyes grew round; the very 
 tail of him rose and pointed backward toward the 
 object of his consternation as he ambled swiftly into 
 town. 
 
 As late as 1859 pistol -carrying obtained at Mari- 
 posa. To see rational, civilized human beings mingling 
 friendlily or ])assing back and forth between neighbor- 
 ing towns with huge six-shooters strapped to their 
 waist, as if to kill and keep from being killed consti- 
 tuted an important part of each day's economy — it 
 was interesting. There was a whole volume of un- 
 evolved sociological science in it. It was most kind 
 in Mr Colt, just as gold was discovered in these parts, 
 to furnish Californians with such beautiful claws as 
 God had forgotten to give them. All animals but 
 man have weapons forged for them by nature; now 
 man has his, and the work of creation is complete. 
 Claw, cut, shoot, kill, thou more than wild beast! for 
 the brute does thus for food or safety, and under the 
 influence of instinct, while soul-endowed intellectual 
 man kills for nothing, oftentimes for the mere pleasure 
 of killinij. 
 
 The body of a murdered man named Shields was 
 found near Pine Grove, Sierra County, in the spring 
 of 18G0, and one John O'Donnell was suspected ol' 
 the crime. Shields was known to be the seducer 
 of O'Donnell's wife, and by the better portion of the 
 community the homicide was considered justifiable if 
 perpetrated by the man whose home had been thus 
 destroyed. Shields' friends, however, determined that 
 
THE YEARS IrtOO-T.. 
 
 868 
 
 O'Donnell's life should atone for the iriurder, and his 
 arrest was demanded. A legal trial was instituted, 
 where the conflicting testimony made it probable that 
 the jury would acquit him; but in case the jury dis- 
 agreed, O'Donnell was to be transferred to the 
 ] )ownieville jail, thirty miles distant, to await further 
 investigation. The snow was deep at the time, and 
 the Shields pa/ty expressed fear that O'Doimell 
 might escape the authorities while being transferred. 
 To remove all uncertainty as to acquittal or esca])e, 
 the rough element banded, nunibering about one hun- 
 dred and forty men, and disguised, marched, toward 
 midnight the 2d of April, to the hotel where O'Don- 
 nell in the custody of a constable was taking supper. 
 Surrounding the building, they awaited the signal, 
 two pistol-shots, when the mob rushed forward, 
 entered the room, seized O'Donnell, and witliout 
 allowing him any time for preparation, led him to 
 Pratt's livery-stable, where they improvised a gallows 
 and executed him, leaving the body to disclose the 
 deed, but nothing to indicate the authors of the 
 tragedy. 
 
 In the spring of 18(51 at the mission of San 
 Gabriel crime assumed atrocious proportions in the 
 Ircquencv of abusive attacks by men upon their wives. 
 Within a week or two no less than three ( \ilifoinians 
 had been arrested for inhuman treatment of women, 
 one of whom had been sentenced to the state- j)rison 
 \'ov tive years; another was in jail awaiting sentence, 
 while the third, Alvitre, received immediate punish- 
 ment by the peoph% as the following account details: 
 .b>se Claudio Alviti'e, a har.l-driidcing man sixty years 
 of age, lived with his wife at the old mission. They 
 had a family of twelve children, the most of them 
 grown up and away from home. The old man when 
 under the influence of liquor seemed to have an al- 
 most insane desire to abuse his wife, for which offence 
 ho had recently been imprisoned for four months. On 
 the 5th of May, after drinking freely, he tletermined 
 
566 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 upon taking mcfre severe measures than ever, and 
 giving errands tb his several cliildren, was left alone 
 with his wife, whom he stabbed several times, causing 
 immediate death. As soon as the fact was made 
 known a crowd gathered about tlie house, and seizing 
 Alvitre, took him to a tree, where his countrymen 
 liad made preliminary [)reparations for his execution. 
 The circumstances needed no investigation; there was 
 no doubt that the woman had been nuirdered by his 
 liand. Accordingly he was placed on horseback be- 
 neath the tree, a lariat thrown over a limb, one end 
 noosed about his neck, and the horse driven from 
 under him. 
 
 Between Elizabeth Lake and Fort Tejon in March 
 18G2 some travellers discovered four bodies suspended 
 from trees. They had engaged in cattle-stealing witli 
 impunity for some time, but at last, overtaken by the 
 owners with the stolen cattle in their i)ossession, they 
 had been executed without trial, and their bodies leit 
 imburied as a warning to others. 
 
 Tlio 2 !tli of August 18G3 at Gilroy an Indian was 
 arrested for the murder of a teamster. The culprit 
 was committed for trial by the court, but the mob 
 took him from jail and hanged him from a tree in the 
 street. It w^as only a poor native; he had no money; 
 what was the use of trial? 
 
 Charles Barnhart and William Riggs, the 22d ol' 
 June 1865, at Susanville, cu route for Chico, quar- 
 relled about a piece of rope. The shortest way to 
 settle the difficulty ^\as for one to kill the other, and 
 this the former did. The shortest way to justice was 
 to hang the homicide with the same piece of rope, 
 and this the passengers immediately did, erecting 
 apparatus for the purpose from the trams of their 
 wagons. Ergo, of the three subjects to die contro- 
 versy, Charles, William, and the rope, there remained 
 onlj' the rope. 
 
 On the 19th of November 186G the store of John 
 Newhouse in Chipps Flat, Sierra County, was robbed 
 
THE YEARS 1807-9. 
 
 :.07 
 
 of goods and provisions. The following night Xcw- 
 house went alone to search the premises of some 
 Chinamen whom he suspected of having committed 
 the robbery. As he did not return, his friends became 
 alarmed and went in search of him. Aftei- visiting 
 several Chinese camps to no purpose, there appeared 
 enough suspicious circumstances t(-) justify them in 
 arresting a Chinaman called Whalebone. Promising 
 no harm should befall him if he would confess what 
 he had done with Mr Newhouse, he led thcin to a 
 place where the body lay. The Chinese had cut it in 
 two, that they might the more easily dispose of it. 
 The body was removed to Chipps Flat, and Whale- 
 bone was brought before the justice of the jK^ace, wlio 
 began a legal inquiry. The report of the nunder having 
 spread, a crowd of two hundred minors gathered round 
 the mutilated corpse, the sight of whicli so exasperated 
 them that, in spite of all the officers could do, tliey 
 burst into the court-room and took the trembling 
 Whalebone and stoned him to death; then hanged 
 the body to a limb of a tree. After that they wtnit 
 tJirough the Chinese camp and levelled every cabin 
 to the ground. It was only by the utmost eti'oits of 
 officers and the better portion of the comnuuiity that 
 a general destruction of all the Chinese propert}- in 
 the county was prevented. 
 
 Another execution at San Juan is recorded as 
 having occurred on the IGth of May 18G7. One 
 Elder Thompson, working for F. Ross, assaulted Mi-s 
 Ross in the absence of her husband. Thompson was 
 arrested, and while being taken to jail to await the 
 action of the grand jury, the stage in which lie was 
 riding was brought to a halt by a band of masked 
 men, who, seizing the prisoner, dragged him to a tree 
 and hanged him. The neighbors found the body 
 there the next day and buried it. 
 
 Estdvan was a bad Indian; and when under a tree 
 in the alameda of San Juan on the morning of the 
 21st of August 18G7 the body of William Fitzgerald 
 
Ml 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 was found dead, suspicion fell on Estdvan, for he had 
 been seen to leave the town that niorninij. Pursued 
 and brought back, ho was regularly tried by the people 
 and executed beneath the same tree where lay his yet 
 unburied victim. His guilt was clear, some of the 
 dead man's clothing being on his person when ar- 
 rested. Like a martyr, like a Roman, like any one 
 who manifested the utmost indifference to fate, sighing 
 no sighs, groaning no groans, praying no prayers, ask- 
 ing no favors from God or man, Estdvan died; and 
 yet he was only a poor bad Indian. For this no one 
 sings Estevan's praises; why then so laud the great 
 and good who die serenely? 
 
 At Gronnville, Plumas Conity, a reckless fellow, 
 Webb, stabbed and killed an unoffending citizen named 
 Gephart on the 30th of March 1868. Webb was 
 arrested by an officer, who was obliged to surrender 
 him to an incensed crowd and see him executed that 
 evening without trial or time for preparation. 
 
 Considerable suffering was caused the settlers round 
 Clear Lake from the overflow of waters, which thej^ 
 believed came from the dam thrown across Cache 
 Creek by the fiour and sawmill company. Failing to 
 obtain redress from the courts, three hundred men, 
 armed to the teeth, assembled at the mills on the IHth 
 of November 18G8 and began the work of destruction. 
 The sheriff witli his assistants appeared, but not only 
 were they unable to control so powerful a force, but 
 were themselves taken prisoners. A request was sent 
 the governor for trooj)s, but it did not reach him until 
 after the mills were burned and the dam torn away. 
 
 A gang of Mexican liorse-thieves was pursued by 
 Sheriff Bourland and his j^jo.we, of Tuolumne County, 
 in August 1 8(59, and overtaken between Hornitos 
 and Lai,ran«xe. The officer, meeting with resistance, 
 fired upon the Mexicans, killing three. They cap- 
 tured one named Robbes, who was taken to the sheriff 
 of Snelling, Merced County, with orders to be sent 
 by him to Sonora. A deputy sheriff started with him 
 
THE YEARS 1870-5. 
 
 560 
 
 had 
 jueil 
 oplo 
 i yet 
 ' tho 
 I ar- 
 r one 
 jhhig 
 , ask- 
 ; and 
 o one 
 great 
 
 oUow, 
 lamcd 
 b was 
 render 
 d that 
 
 round 
 they 
 
 Cache 
 
 ing to 
 men, 
 ir)th 
 
 action. 
 
 only 
 
 e, but 
 
 as sent 
 until 
 away, 
 ed by 
 ounty, 
 ornitos 
 stance, 
 y cap- 
 sherift' 
 e sent 
 th hiiu 
 
 n 
 
 d' 
 
 in a buggy, but was stopped on tho way within a few 
 miles of Lagrange by lour masked men, who seized 
 the prisoner and hanged him. 
 
 From the calaboose at Watsonville three men, com- 
 mitted for the nmrder of one Indian Bill, were taken 
 by a mob to Pdjaro bridge and there hanged on the 
 n'ight of tho IGth of May 1870. 
 
 In the jail-room of the Oroville court-house on the 
 morning of the 24th of August 1870 C. Olsen lay 
 (^onlined for the killing of M. Logan. Before day- 
 break about forty men surrounded the premises and 
 j)osted their sentinels at each corner and at the en- 
 trance. A party of them then entered the jailer's 
 loom, in the basement of the building, and seizing the 
 undcr-shoriff', Vera, wrested from him the keys of 
 tho jail. No one present knew how to use them ex- 
 cept Vera, and he refused to reveal his knowledge. 
 The jail door was then battered down, and the cell 
 entered where Olsen was confined. Dark hints of 
 l)l()ody acts done within those narrow walls were 
 thrown out, but nothing definite is known. That Olsen 
 was shortly afterwaid taken to a derrick near the 
 railroad station and hangea was a fact palpable to nil. 
 
 At Bakersfield on the Gth of September 1870 Juan 
 (le Dies Sepijlveda, of Los Angeles, was taken from 
 the custody of the sheriff to a cotton-wood tree near 
 by and hanged by the people. During the day the 
 great number of native Californians well armed and 
 most of them mounted had been remarked. These 
 had leagued with the white citizens of that vicinity 
 to rid the country of bad characters. Sepiilveda had 
 been before Justice Jones for examination, and when 
 he was brought out, one of the horsemen rode up to 
 the officer as if to speak to him. Watching his oppor- 
 tunity, he suddenly seized the prisoner; the crowd 
 jiressed round to his support, and luirrying the un- 
 fortunate man away, they accomplished their purpose. 
 
 In El Dorado County some jewelry was stolen 
 during the winter of 1872, and suspicion fastening 
 
570 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 i'v ' 
 
 l\ 
 
 
 i 
 
 upon a Chinaman, ho was tortured by atraugling throo 
 times, to extort a confession as to the liiding-placc of 
 the vakiables. As he reiterated to the last his inno- 
 cence and ignorance of the theft, he was Hberated. 
 There was an arbitrary execution in Cholame Valley in 
 1873, and several bad characters were expelled from 
 Gilroy and Salinas. 
 
 George Blanchard was a young man from New 
 England, twenty years of age, employed on a rancho 
 in 1874 by a Mr Wild at San Luis Rey. Patrick A. 
 Graliani, a neighbor, brought to the rancho a horse 
 belonging to Wild, which he said had strayed upon 
 his land. Graham told Blanchard there was fifty 
 cents to pay, which he would call for the following 
 day. Accordingly he went to Wild's house, and was 
 met at the door by Blanchard, who shot and instantly 
 killed him, neither having spoken a word. On Satur- 
 day, the 14th of February, Blanchard was found on 
 the banks of the San Luis Rey River hanging from 
 a tree, the rope looped at the back of his neck and u 
 wooden gag tied in his mouth with a buckskin string. 
 Notliing was ever discovered in explanation of how or 
 by whom the hanging was done. 
 
 At Silver Mountain one Reusch shot a man named 
 Ericcson in the back of tlie head. Some of the citi- 
 zens banded, believing that unfair means would hv. 
 used to clear Reusch. On the night of the 17th of 
 April 1874, while deputy sheriff Davidson, accom- 
 panied by eleven witnesses, was conveying the pris- 
 oner to Bridgeport, Mono County, he was met by a 
 body of vigilants near Johnson's br: Ige, who forcibly 
 took Reusch froi the wagon and ordered the others 
 to proceed to th turn of the road and wait there ten 
 minutes. An in* rope was at once placed round the 
 prisoner's neck a d the other end fastened to the 
 
 the wretch begged, "My God! 
 
 ) my father! my poor mother 1 will 
 
 The mercy he had denied his iu- 
 
 bridge. Piteousl 
 what can I say? 
 no one save me?' 
 
 nocent victim could not be granted him. A moment 
 
A LATTER-DAY OUTRAGE. 
 
 671 
 
 later and a piercing shriek broke the awful stillness; 
 the fall, twelve feet, was so great that tlie rope broke 
 and the body foil a distance of twenty foot. C. P. 
 Goff, counsel for Reusch, and Mrs L. C. Brittan we- e 
 warned " by an outraged comniunity," as the t)rder 
 was signed, to leave the county within thirty days. 
 
 At Windsor, Sonoma Count}^ two well known 
 farmers named Rowland and Charles W. Henley had 
 I'anchos adjoining. A feud had existed between them 
 concerning their land rights, which Henley brought 
 to a crisis on the morning of the 9th of May 187G, 
 wlien, in the midst of a quarrel, he raised his shot- 
 gun and discharged some bird-shot into the body of 
 Rowland, who fell mortally wounded. Henley at once 
 started for Santa Rosa, where be delivered himself to 
 the authorities and stated the facts. He said that 
 he had acted in self-defence; but as there were no 
 witnesses, the case in court would prove douljtful. 
 Henley was a white-haired man of fifty-five, and 
 married; Rowland was ten years younger, and un- 
 married. Naturally a trial should folJDW and jus- 
 tice be administered. But at midnifjht on the 9tli of 
 June a force of one hvmdred masked and armed men 
 took possession of the jail. They had cut the bell- 
 rope of the engine-house to prevent an alarm, had 
 captured the watchman near the prison, and had en- 
 tered Sheriff Wilson's house, obliging him to dress and 
 come with them to the jail, leaving a guard of eight 
 or ten to see that the women should not make known 
 their plans. Arrived at the jail, they surrounded the? 
 sherift', and with pointed [)istols ordered the various 
 gates and doors to be opened, their men stationing 
 themselves in positions designated. Then Wilson was 
 told to unlock Henley's cell. There lay the prisoner 
 sleeping peacefully. Suddenly awakened to the awful 
 reality, he exclaimed brokenly, " Oh Lord, boys ! my 
 life!" Not a word more, for he was gagged, bound 
 liand and foot, and hurried out of prison. The crowd 
 moved on, leaving ten men to guard the watchman 
 
572 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 and sheriff, who after a while were told to lock the 
 prison, extinguish the lights, and enter a wagon, 
 which they did. They were then driven to a place 
 known as Gravel Slough, where they were released 
 and allowed to walk home. They immediately notified 
 the authorities, who proceeded to look for Henley, 
 whom they found hanging from the limb of an oak 
 within one hundred and fifty yards of the spot 
 where the sheriff was released. The press condemned 
 the proceedings in strong terms. The Sonoma Demo- 
 crat of June \7t\\ says: 
 
 "For the first time in its history Santa Rosa lias been outrageously dis- 
 graced by the violence of a mob. We do not hesitate to denounce the act as 
 a dastai'dly outrage on the law and on common decency. There can be no 
 excuse sufficient for overturning and bringing into contempt the majesty of 
 the law which protects the 'i^e and property of every citizen." 
 
 Says the San Francisco Post: 
 
 "One of the most reprehensible cases of Ijmching that has over occurred 
 in this state took place at Santa Rosa on Satunlay morning. Howsoever 
 guilty he may have been in this one act, he was not a desperado, not a man 
 dangerous to tlie community, where for many years lie had lived an inoffensive 
 life, lie was led away from the even tenor of his course by extraordinary 
 circumstances, and was awaiting in jail the i^unishment which the courts 
 might inflict. Under such circumstances he is ruthlessly seized by a mob and 
 hanged. Public sentiment must condemn such an act, an<l no effort should bo 
 S[)ared to bring the pc'iictrators of the crime to justice. The era of vigilance 
 committees has passed in this state. There is no longer a shadow of excuse 
 for their action, and the heinousness of such an offence is as mucli greater than 
 ordinary murder as organized crime is more deplorable than individual viola- 
 tion of law. " 
 
 It was a gay wedding, but it was the dance of death 
 which followed. The ceremony of uniting Thomas 
 Flanagan and Mary Pina was performed by Judgt; 
 Harrison at Sanel Valley the evening of the 20th of 
 December 1875. Among the honored guests was 
 William Grangeiic, a ropentont thief, who had servetl 
 a term in the state-prison for grand larceny. Whilo 
 this man wa'j standing on a box near the window a 
 ball fired from without came crashing through tlic 
 glass, came crashing through the ex-convict's skull, 
 
DOINGS AT SANTA CRUZ. 
 
 573 
 
 liberating the crime-concocting intelligence therein 
 contained, liberating mysterious life, and leaving only 
 the carcass prostrate upon the floor. Jose Antonio 
 Igarra, once of Vasqucz' band, was suspected and 
 arrested, but while the examination was proceeding 
 Ijcforc Justice Dooley at Hopland, a band of undis- 
 guised men entered the court-room, took thence the 
 ])risoner, and hanged him from an oak in the street 
 three hundred yards distant. Grangcne had lately 
 given evidence in court which Igarra did not relish. 
 
 Near Cloverdale in December 187G one Joseph 
 Murphy was taken by masked men from the hands of 
 the constable while on the way to Santa Rosa with 
 the prisoner, who was accused of horse-stealing. Con- 
 ducted by his captors a little distanco from the road, 
 ^lurphy was gentl}^ elevated in the attitude of in- 
 tended strangulation three several times for the pur- 
 pose of enforcing a confession as to who were his 
 uccomplices. But Joseph told nothing, and so was 
 handed back to the officer, who had been meanwiiile 
 guarded by members of the party. 
 
 At Santa Cruz, the 3d of May 1877, from the cross- 
 beams of the upper San Lorenzo bridge, within three 
 hundred yards of the spot where he was born, at the 
 age of twenty-one Josd Chan.alis was hanged by 
 about forty masked men. Francisco Arias, born near 
 Pesoadero thirty- eight years previous, was executed 
 at the same time and place. The two men had been 
 arrested a short time bet'ore for the murder of De 
 Forest, and had confessed the crime. Chamalis had 
 served a term of three vears in the state -prison for 
 the robbery of a widow named Rodriguez. Arias had 
 served the same time for the nmrder of a sheep-herder 
 ill San Luis Obispo, and two years for robbing the 
 liouse of P. Murphy of Watsonville. The two jail- 
 1 li ids were then free. The circus coming to Santa Cruz, 
 they desired to see it; during their long residence at 
 San Quentin they had not enjoyed a single evening's 
 amusement of that character. But they had no money. 
 
 I 
 
574 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 1"; s ;■ 
 
 m 
 
 1-* 
 
 " Never mind," said Arias, " we will get some." So 
 De Forest coming along. Arias fired at him ; but fail- 
 ing to bring him down, he fired again, this time with 
 fatal success. Eight dollars were secured by this 
 achievement, and the now happy pair went to the 
 circus, and no doubt enjoyed it hugely. 
 
 All which doubtless was very exasperating to the 
 iieigtibors and friends of the slain man and to the 
 people of Santa Cruz. For circus -money to kill an 
 unoffending man while quietly walking tlie road, and 
 then almost to boast of it, exhibited a human deprav- 
 ity of lower depths than language can reach. The 
 men should die, and quickly; of that there could be 
 but one opinion. But the Santa Cruz of 1877 was 
 not the Santa Cruz of 1853. Either we must have 
 laws and obey them, else not. If the friends of De 
 Forest may break into jail and hang two very bad 
 men who are surely guilty, and so save the state much 
 trouble and money, may not the friends of the next 
 man slain seize and execute the slayer, when it was 
 not sure he was deserving of death? 
 
 The necessity for forty men to blacken their faces, 
 secure the jailer, break open the prison, seize two 
 prisoners, place them in a wagon, drive them to a plan; 
 of execution, halter their necks to a beam, and then 
 drive the wajjon from under them, was no more neces- 
 sary at this time in the quiet and respectable young 
 city of Santa Cruz than in San Francisco, Boston, or 
 London. In the one place, as in the others, the prison 
 was secure, the officers faithful, and the judges just. 
 There was no shadow of excuse for passionate summary 
 execution. In the annuls of punishment upon this 
 coast I have not met an instance so utterly inexcusa- 
 ble. There are many more brutal and unjust, but 
 none so uncalled for. What these forty men did was 
 simply this : They defied righteous law, brought com- 
 petent justice -dealing courts into contempt, and com- 
 mitted murder. Life and projierty are little less secure. 
 in the midst of a rabble ready to avenge one crime In' 
 
VERY BAD CASES. 
 
 committing another than in a society where every 
 man is his own jucge and executioner. 
 
 Good men will always lament the unnecessary re- 
 sorting to popular means for the punishment of crime. 
 The duty popularly to punish crime in the absence of 
 adequate government has not been usually a pleasant 
 one. Gladly did the people here welcome good gov- 
 ernment when it came; gladly, as a rule, did they 
 leave punishment to the law when the law was honest 
 and capable. When it was not, it is my pride to say 
 they were not slow to detect it; they were not slow 
 to see, to think, to act. Of one thing we raay be 
 sure, namely, that no more in the Pacific States than 
 elsewhere in America is there a disposition to ad- 
 minister popular justice. For every case in California, 
 like this of Santa Ci'uz, during the last decade wo 
 might cite ten elsewhere : like the hanging of Stevens 
 and Andrews at Warrensburg, Missouri, the 21st 
 of May 1867; and thai of Kennedy and others at 
 Wyoming; and Evans, Hall, and White in Alabama; 
 or even the threatened organization of a vigilance 
 committee in our federal capital. 
 
 "I feel devilish and must kill somebody 1" exclaimed 
 Justin Arajo as he sat in a store at San Juan, Mon- 
 terey County, about noon the 12th of July 1877. 
 Going to the door he saw some one standing by the 
 post-office. " That man's my meat," ho said, and 
 <h'awing his pistol, shot him through the breast, killing 
 him instantly. Arajo then attempted to fly, but was 
 caught anil incarcerated. ^lanuel Butron was the 
 name of the victim. As night came on, sleepy justici^ 
 aroused itself anil shook out its musty robes. About 
 one o'clock maskeil men overj)owered the jailer, took 
 from him the key, entered the prison, and taking the 
 villain to a willow- tree on the alameda did him to 
 death. Never again will Justin Arajo feel devilish in 
 this world; he is now where he may enjoy devilishness 
 in a world witliout end. 
 Christopher Mutchler attempted to fire Hagermann's 
 
676 
 
 INFELICITIES AND ALLEVIATIONS. 
 
 saloon in Germantown, Colusa County, on the night 
 of April 30, 1878, and while so engaged received three 
 shots in the thigh from persons then in the house. 
 The incendiary was arrested, but no one appearing 
 against him he was discharged. Fearing violence 
 from the citizens, who threatened him, Mutchler at- 
 tempted to leave town, but found exit barred, even 
 the stage men refusing to carry him. Nevertheless 
 he managed to drive away in a private conveyance 
 during the night, but was soon arrested and brought 
 back on charge of having threatened the life of J. 
 Kelley. Not long after, fourteen masked men en- 
 tered the place where Mutchler was confined, dragged 
 him into the street, and shot him to death. Mutch- 
 ler had money; the prosecuting attorney had none; 
 the judge had but little. After an interview with the 
 incendiary, on his first arrest, the prosecuting attorney 
 declared there was no case, and the judge discharged 
 the prisoner ; tlien the prosecuting attorney absconded 
 and the judge resigned. 
 
 Thus we see how the work goes on, even to the 
 present day; and we may be very sure it will continue 
 until law courts cease to ba but a mockery of justice. 
 
CHAPTER XXXI. 
 
 THE DOWNIEVILLE TRAGEDY. 
 
 Souls made of fire, and children of the sun, 
 With whom revenge is virtue. 
 
 Young. 
 
 It was a rare thing in California, extremely rare, 
 for rough men to lay their hands upon a woman. 
 About the only sentiment of youthful memories 
 which with time and distance had not only remained 
 but had become softly intensified, was that of home 
 hallowed by the tender influence of mother, sister, or 
 that nearer, sweet other self, wife. So woven among 
 the fibres of the heart was it, so mingled with the 
 sensuous blood, so wrapped within the folds of pas- 
 sionate imagination, that, like ash-covered coals, the 
 drearier the aspect without, the warmer glowed the 
 fire within. 
 
 They could cut each other with knives — these 
 miners, riddle enemy or friend with bullets and smile 
 at it; they could strangle a sluice-box thief, snap the 
 neck of a Chinaman by a twist of his pigtail, whet 
 their appetite for breakfast by the butchery of a 
 rancheria of natives, but injure a child, ill-treat an 
 old man, or do violence to woman, they could not. 
 
 The}'- were men, every inch of theni men — coarse 
 and brutal in some respects, but still men. They 
 could do wickedness by the canonful, but it must be 
 manly wickedness done in a mani}' way. 
 
 Woman was their weak point; the memory of 
 woman the onlv tliinu: mellow about them. Since the 
 Uay when chivalry lil'ted her from feudalistic abase- 
 
 Pop. Tbiu., Vol. I. 37 (577) 
 

 678 
 
 THE DOWNIEVILLE TRAGEDY. 
 
 ment, endowed her with charms and graces human 
 and divine, fought for her on the fields of knight- 
 errantry, and adored her as the i^^imaculate mother 
 of God, woman has not been so idohzed. 
 
 A woman to a mining -camp brought the odor of 
 Araby, brought the sunshine of Eden. The atmos- 
 phere was mellowed by her influence; the birds sang 
 sweeter for her coming, the ground was softer to sleep 
 on, the pick was lighter, and whiskey less magnetic. 
 Fair was the form of her, radiant her presence, thrill- 
 ing her touch. Her dress was as the drapery which 
 shrouded the mysterious holy of holies, and sacred was 
 the hem of her garment. 
 
 It mattered not so much to them who or what she 
 was; she might be chaste and fair or as wicked as 
 Jezebel, she was the impersonation of their fancy- 
 ridden brain, the expression of their innermost icieal 
 of the beautiful and good. Possessed in all thi)\ s 
 else of physical affinity with debasement, the thought 
 of her was the sister of their solitude. Open their 
 hearts, and there amidst the debris of a thousand 
 crushed longings her image alone remained unbroken. 
 
 Then wild indeed must be the fury that maddened 
 them against a woman; and never was insensate ; 
 wrath more manifest than among the miners of the 
 Yuba for miles on either side of Downieviile when, 
 on the morning of July 5, 1851, it was known that 
 a comrade had been slain, butchered with a long sharj » 
 knife, and by a woman. The matter of sex was sud- 
 denly lost sight of, swallowed in the gulp of passion 
 which left nothing to the mind but the abominable 
 bloody fact. 
 
 Joe Cannon killed! Cut to the heart, and by a 
 woman! The words were confusing. The breath that 
 uttered them came labored; thick it was, and murky 
 in its significance. The blood, receding from the heart, 
 clogged in the veins, and respiration was well nigh 
 throttled by the messengers of the brain. J' t was 
 the favorite of the camp, the finest fellow that ever 
 
JOE CANNON. 
 
 579 
 
 nan 
 
 Tht- 
 
 ther 
 
 )r of 
 
 mos- 
 
 sang 
 
 sleep 
 
 nctic. 
 
 tlirill- 
 wliicli 
 3(1 was 
 
 lat she 
 
 keel as 
 
 faij;-y- 
 
 it icieal 
 
 :liougUt 
 
 n their 
 
 lousaiul 
 
 broken. 
 ,ddened 
 sensatc 
 5 of tlie 
 e wlieu, 
 ,vn tliat 
 ig sliav|» 
 
 Ivas sud- 
 
 ssiou 
 
 )minal)lo 
 
 id by '^ 
 
 [ath tlKit 
 
 murlvV 
 
 liclieavt, 
 
 Ihat ever 
 
 swung a pick or dislodged a bowlder. He was over 
 six feet high, straight as a poplar, with limbs as clean 
 as those of a newly barked madrono. In weight lie 
 fell not far short of two hundred and forty, and it was 
 all muscle; his chest was like that of an ox, and the 
 arms of Hercules hung from his shoulders. And yet 
 he would not harm a fly; his heart was as tender as 
 liis sinews were tough. Joe gone! Stabbed to death, 
 and by a woman I 
 
 He was the soul of honor, w^as Joe Cannon. He 
 knew not the meaning of the words cheating and 
 cliicanery. He was not very learned; single and sim- 
 ple were his thouglits, and double-dealing found no 
 place in his accounts. He liked his occasional frolics. 
 The strongest need a respite ; one cannot always work ; 
 but though he could laugh and carouse with the Ijcst 
 of them, lie was kinder in his cups, if possible, than 
 out of them. There was no poison in his heart that 
 the most fiery liquid could bring to the surface. In 
 nobleness only he was a giant; in guile he was a child. 
 Joe Cannon dead! Stabbed in the breast, and by a 
 woman ! 
 
 Slowly as with its fullest force the fact was realized, 
 at last it settled on them that it was true; and from 
 the friction of the ebb and flow of heart and brain 
 tides there sprang a heat which, increasing with tlic 
 whirl of thought, glowed all the fiercer from being 
 smothered beneath stifled emotions. 
 
 All along the muddy Yuba, and up its muddy trib- 
 utaries, the accursed tidings sped like an electric mes- 
 sage, telegraphed from claim to claim, until for mik;s 
 round Downieville were heard the cries of "Murder!" 
 "Joe Cannon killed !" " Cut to the heart by a woman !" 
 Tlien dropped pick, pan, and shovel as from palsied 
 hands; water was left to run to waste, and the gold 
 un watched in the bottom of the sluice-boxes; and from 
 up and down the muddy Yuba, and down its muddy 
 tributaries, streams set in, streams of angry miners, 
 silently flowing, though hot with melted emotions. 
 
m 
 
 THE DOWNIEVILLE TRAGEDY. 
 
 Five thousand men and more gathered In Downie- 
 ville that day. Thronging the streets were traders, 
 packers, and prospectors, gamblers, prostitutes, and pol- 
 iticians, professional rascals and rascally professional 
 men, besides the miners from the thickly studded line 
 of claims that mutilated the river beds, and banks, and 
 gulches all up and down the foothills. 
 
 At ten o'clock the deed was done, and at eleven, 
 surrounding an unfinished tenement of split-boards 
 into which the unfortunate man was carried when 
 stricken, was a dense throng. Within, just where he 
 was first laid on a slightly sloping puncheon floor, lay 
 the dead miner. No, not yet quite dead; life seems 
 loath to leave a mechanism so perfect and of such fair 
 proportions. The breath comes light and fitful, though 
 from strong lungs still struggling to perform their 
 functions. A broad stream of blood has clotted for 
 itself a channel from the breast to the extremity of 
 the floor. Standing round the prostrate form were 
 half a score of miners fresh from their work, with 
 their woollen shirt-sleeves rolled up above the elbows, 
 and their overalls tucked into the tops of their pon- 
 derous and muddy boots; silently and solemnly they 
 stand with their grizzly heads uncovered and slightly 
 bowed, while round the contracted brow and com- 
 pressed lips sorrow and anger struggle for the mastery. 
 
 Silence within and silence without, until at length 
 the slauijhtered miner ceased to breathe; then from 
 the deep stillness there rose a murmur, at the fir.st 
 almost as faint as had been the dead man's breath, 
 but gradually increasing into a low deep buzz, which 
 every border man in an angry multitude instantly 
 recognizes as significant of blood. Ex})ressive to the 
 last degree and deadly ominous is that sound, coming 
 as it does from a silent multitude, breathing an uu- 
 s]ioken vengeance more terrible than the loudest 
 truiiipetings of passion. 
 
 Soon men began to apeak in words. Fresh arrivals 
 came j)ouring in. Strangers asked. Who is he? Who 
 
POOR JUANITA. 
 
 081 
 
 nie- 
 
 ors, 
 
 pol- 
 
 onal 
 
 line 
 
 , and 
 
 jvcn, 
 )ards 
 ivhen 
 re he 
 r, lay 
 ieoms 
 h fair 
 
 lOUgll 
 
 their 
 
 cd for 
 
 lity of 
 
 1 were 
 
 , with 
 
 IboNVB, 
 
 pon- 
 
 thcy 
 
 ghtly 
 
 coni- 
 
 astcry. 
 ongth 
 from 
 10 first 
 jrcath, 
 which 
 itantly 
 to the 
 comiuy' 
 an uu- 
 loudest 
 
 irrivals 
 I? Who 
 
 killed him? Where is the murderer? Presently the 
 centre of the mass from standing groups and pur- 
 poseless indirection began to surge in a definite direc- 
 tion, signifying all too plainly that it was time for 
 some one to prepare for a sudden and decisive change. 
 Pregnant enough with purpose were now the miners. 
 You could see it in their eye, in their step, in the 
 movement of the hand; their pipes smoked of sul- 
 j)hur, and with their tobacco-juice they spat fire. 
 Most significant of all, however, was the almost 
 silent buzz, which was the low purring of the blood- 
 thirsty beast about to spring upon its prey. 
 
 It was a little woman; young, too — only twenty- 
 four. Scarcely five feet in height, with a slender sym- 
 metrical figure, agile and extremely gractiful in lier 
 movements, with soft skin of olive hue, long black 
 hair, and dark, deep, lustrous eyes, opening liko a 
 window to the fagot-llames which, kindled with love 
 or hate, shone brightly from within. ]\Iexico was liur 
 country; her blood Spanish, diluted with the aborig- 
 inal American. Her name was Juanita. The man 
 she killed, with one hand could have picked hcv up 
 and tossed her into the Yuba River. He was an 
 Englishman and an Australian colonist, but not a man 
 of Sydney in the sense then current. 
 
 Though a stalwart Britisher, yet he could not let 
 pass the iunnortal Fourth witliout assisting at its 
 observances. True, it was not a memorial of his (,'oun- 
 trj's greatness; but while the Yankee celebrated 
 America's successes might he not join him and cele- 
 hiate England's defeat? Wh^^ should we call to mind 
 our glorious gains and not our no less valuable losses? 
 The lesson was })rolitable to England, and surely her 
 Australian colonist might pro[)erly acknowledgi' it. 
 Thouii'h in truth Joe Cannon thou<>lit more of the 
 potation part of the performance than of the patriotic. 
 Any day was Fourth of July to him and worthy 
 celebration in which his comrades would turn out and 
 carouse in company. 
 
THE DO^VNIEVILLE TRAGEDY. 
 
 And this time thoy had made a glorious night of 
 it. Joe Cannon, with the rest of them, was very 
 drunk, and consequently very happy. From store to 
 (store, from house to house, up and down the streets 
 and through all the streets they went, rapping up the 
 in mutes, compelling the master of the house to treat 
 and then to join them. It was rare fun. 
 
 Passing the premises of a Mexican monte-dealer, 
 Joe Cannon kicked at the door. As he was not in 
 condition to stand steadily on one foot and carefully 
 to weigli the force of the other as it went against the 
 dooi', he may have given it a little harder blow than 
 he intended or than was necessary. As the door was 
 secured only by leathern hinges, it fell in. At least 
 so the boys told him next morning — that he had 
 kicked in the jNIexican's door. 
 
 That was all right, said Joe. He knew the monte- 
 dealer well, and had often bet an ounce or two in 
 passing his table; the damage could not be great; he 
 would go around after breakfast, pay it, and apologize. 
 True, there was the wife, or she whom the man lived 
 with as with wife: she might not perhaps appreciate 
 the foreign patriotism which so disturbed rest — but 
 she was a bashful, retiring little thing; no one thought 
 of lier. Besides, they were INIexicans, and their foot- 
 ing Avas not by any means too secure in the commun- 
 ity as it was. A man, a miner, a big burly favorite, 
 what were fifty Mexican gamblers and their mis- 
 tresses to him? Nevertheless no man should be able 
 truthfully to say that Joe Cannon ever did him wrong, 
 drunk or sober. 
 
 Approaching the house, Joe found the door still 
 down. The Mexican was within; and placing a hand 
 on either door-post to steady himself withal, for his 
 head seemed now as big as a barrel, and his legs were 
 a little shaky, he began talking to the man in broken 
 Spanish as best he could. Suddenly from a corner 
 where she had lain concealed, quick as a flash the 
 little woman sprang up, threw herself upon the strong 
 
DOOMED TO DEATH. 
 
 ns.'i 
 
 ir foot- 
 Inuiuu- 
 ivorito, 
 Ir mis- 
 10 able 
 wrong, 
 
 man's breast, and buried her knife in his bosom. Tt 
 was all done in an instant, and he who had eome to 
 make reparation lor a trivial injury eonunittod in a 
 moment of frolic, he, the picture of physical perfection, 
 the pride of the camp, lay as dead. 
 
 Why did she do it? l)id this man visit her house 
 to insult her? Had they ever met or had intercourse 
 at any time; and was there ill-will existing on cither 
 side? No one know. Who shall fathom a woman's 
 heart? All those miners knew or cared to know was 
 that for so slight a thing as she it was a monstrous 
 blow. The bowie-knife was large and sharp, imd t(» 
 send it into his gigantic frame, through his shirt and 
 through the breast-bone clear into the heart, that 
 little arm must indeed have been temjioi'ed l)y most 
 murderous passion. 
 
 And now, when the enraged minors with a blow of 
 the fist burst her door and stood before her, Juanita 
 manifested not the slightest fear; and yet she knew 
 that she must die. It was not defiance, nor bra/.eii 
 impudence; she assumed no character — she acted only 
 the primary sentiment of her nature, and that was 
 stoical submission to inexorable fate, or more sinii)ly, 
 cool courage. 
 
 She know that she nmst die, and there \^ as an end 
 of it. Within range of })istol-shot were two thousand 
 men, each one of whom, if standing alone, harbored 
 that moment determined purpose sufficient to insure 
 lier death, and she knew it; the very certainty of the 
 result seemed tt) disarm death of its sting. Ijvery 
 one of thovengel'ul two thousand now arrayed against 
 her would soon die; she must go now. Well! will 
 any one of thorn have a more gorgeous exit hence 
 than she? 
 
 Hastily putting in place some scattered articles, 
 and glancing carefully at her dress — she was already 
 attired in her best — she signified her readiness to go. 
 The blaze of angry eyes, the forest of frowning faces 
 through which blew deadly nmrnmrings, were all 
 
&84 
 
 THE DOWNILVILLE TRAGEDY. 
 
 lost on her; she was thinking of her own affairs, 
 thinking should she send soniotliing to lier friends, 
 thinking ahout her household, and how her hushand 
 would do in her absence. Of course they would hang 
 lier; as for the paraphernalia of trial it might be some 
 gratification to tlieni, but it was nothing to her. 
 
 There yet stood near the centre of the town a large 
 pavilion, which had been erected for the celebration 
 ceremonies the day before; there was a raised plat- 
 form, with chairs and table, just the place for the 
 occasion, and there the dark-eyed bashful little mur- 
 deress was conducted by her guard of two thousand. 
 
 Twelve men responded eagerly to the call for a jury; 
 happy he who should have any part in this gentle 
 stranjjulation. Glancing at each other and at the 
 miners round them, they seemed to say, "All is safe 
 and settled ; woman or no woman, she hangs." Law- 
 yers for the defence were backward in presenting 
 themselves; there were jjlenty for the prosecution. 
 
 Probably in the history of mobs there never was a, 
 form of trial more farcical than this. Had they hanged 
 the woman immediately, our I'cspoct would be greater 
 than when we see a criminal so absolutely and uni- 
 versally prejudged and sentenced before trial. Xevei' 
 have I met an instance where so many men, or a 
 tenth of them, were so thoroughly ravenous in their 
 I'evengc. It was wholly unlike them. It seemed that 
 on the instant they had not only thrown aside their 
 usual chivalrous adoi'ation of sex, but that now they 
 would wreak their relentless disaft'ection on the object 
 of their abhorrence in prcportion to their strengtli 
 and lier weakness. 
 
 That there was so littl.' jf this little woman to 
 pulverize and scatter secniod to exasperate them. A 
 humane ])hysician, Dr C3'rus D. Aiken, mounted the 
 stand and testified that she was not in a fit condition 
 to be hanged. What such testimony had to do with 
 the case nobody knew or cared. A howl of disap- 
 proval followed ; the good doctor was driven from the 
 
TRIA . BY JURY. 
 
 585 
 
 stand, driven from tlio town, and dared not return 
 or show himself i'or several days. A Mr Thayer of 
 Nevada attempted a speech on behalf of the prisoner, 
 as there was not a lawyer who had the courage to 
 stem the tide of unpopularity in her defence, but ho 
 was beaten off the platform — ay, kicked from the tri- 
 bunal; and on reaching the crowd without, where a 
 passage-way was opened for him, he was kicked along 
 this gauntlet out of town, being glad to get across the 
 river with his hat and mule behind him. 
 
 John B. Weller, then running for congress, was at 
 the hotel overlooking the tribunal. He was besought 
 to go out and speak to the mob, but hj had no ambi- 
 tion that way. He was not of the stuff of which 
 martyrs were made. There were times and places for 
 all things; a time for advocating law and order, and 
 a time for refraining from such advocation; and clearly 
 this, in the eyes of John B. Weller, country- server, 
 was one of the latter times. 
 
 So Juanita was tried; but the trial was a sad, one- 
 sided affair, in which there was a total absence of 
 that love of fair-play so characteristic of the Amoiican 
 miner. No one dared to say a good word for hor; no 
 one was allowed to defend her. In so far as slie was 
 small and weak, and they were many, and great, and 
 strong, in so far did their insensate fury intensity with 
 the [)rogress of afRiirs. For the moment the men of 
 that region seemed baptized l>y Satan for the execu- 
 tion of a work of infernal grace. 
 
 When the verdict was foi'mally declared, Juanita 
 «;'ave a quiet little laugh, as if to say, How drolll 
 Tliose great Aniorican men think in this a})ing of 
 ancient forms they have given their pi'isoner a trial. 
 Stroke conscience the right way and you can do miy- 
 tliing with it. 
 
 In the four hours allowed her before her execution, 
 Juanita made her will verball}^, arranged her alfairs, 
 and gave her few eflects away. During it all her 
 heroism carried her far beyond the usual stolid forti- 
 
 ^ 
 
r^ 
 
 r. 
 
 « 
 
 kif 
 
 |iih 
 
 r 
 
 686 
 
 THE DOWNIEVILLE TRAGEDY. 
 
 tude of lier race. At a time when men tremble and 
 pray she was her natural self, neither gay nor sad. 
 She was as far from looking lightly on the matter as 
 ijiving way to senseless sorrow. 
 
 The builder of the bridge that spanned the Yuba 
 had left at about the middle of it two uprights with a 
 beam across, as if for the express purpose of hanging. 
 It was just the place for the occasion, though from 
 that point, with the flowing river underneath, and on 
 cither side with the rolling hills in front, and in the 
 background the purple-misted mountains glowing in 
 the light of the almight}'' sun, it was too beautiful a 
 world for a 3^oung, free, light-hearted woman to wish 
 to leave. 
 
 With a light elastic step, surrounded by her friends, 
 chatting with them quietly on the way, Juanita walked 
 down to tliu bridge. She sliook hands with them all, 
 but not a tear, not a tremor was visible. By means 
 of a step-ladder she mounted to a scantling which had 
 been tied ibr her to stand on between the uprights 
 underneath the beam, took from her head a man'.s 
 hat which had been kindly placed there by a friend, 
 shied it with unerring accuracy to its owner, mean- 
 while smiling her thanks, then with quick dexterity 
 she twisted up her long black tresses, smoothed licf 
 dress, placed the noose over her head and arranged 
 the rope in a proper manner, and finally, lifting her 
 hands, which she refused to have tied, exclaimed, 
 Adios, seflorcs! and the latal signal was given. 
 
 The Downieville Vigilance^ Committee was not or- 
 ganized until after this affair, as the following letter 
 indicates : 
 
 "Downieville, July 27, 1851. 
 " To the Viijilance Committee of San Francisco: — 
 
 " Gkntlemkn : The citizens of this place have organized a vigilance coin 
 niittce for the purpose of protecting life and property. At one of their nuM t 
 ings they pa.ssed a resolution instructing me as tlioir corresponding sccrctiiiy 
 to coniniunicato with tlie vigilance committee of your city, with tlie view "i 
 eliciting what infoiiiiatiiiii you may he disposed to favor us witli in furth' i' 
 ance of tlie ol)jcct wc have in view. It is thought by keeping up a comniu- 
 
WORSE THAN MOB JURY. 
 
 687 
 
 le and 
 )r sad. 
 bter as 
 
 ; Yuba 
 with a 
 
 h from 
 and on 
 L in tlie 
 wing in 
 ,utii'ul a 
 to wish 
 
 • friends, 
 
 a walked 
 
 bhem all, 
 
 iy means 
 
 'hich had 
 
 uprights 
 
 a man's 
 
 a friend, 
 
 H", mcan- 
 
 I dexterity 
 
 >thed her 
 
 arrangeil 
 
 Lfting her 
 
 ixelaimed, 
 
 en. 
 
 las not or- 
 ling letter 
 
 27, 1851. 
 
 [vigilance com- 
 jof their mcit 
 Lling secretavy 
 iitli the \io^\ "' 
 lith in fnrUi'V 
 
 |g"P 
 
 a coiuinii- 
 
 nication between the committees of the (liffereut points we might be of 
 
 mutual assistance, by keeping each other advised of the movements of noted 
 
 ;ind suspicious characters. Any information, therefore, you may be .so kind 
 
 as to favor us with upon this subject will be both thankfully received ami 
 
 1 ociprocated by us. Our organization is quite complete, and we d'.^sign to keep 
 
 (inr doings a secret, except such as are from the nature of the case public. 
 
 therefore if you communicate with the committee of this place, please address 
 
 your letters to me in my private capacity. 
 
 "I remain, gentlemen, your humble servant, 
 
 "A. M. Brockelbank." 
 
 Commenting on this tragedy, the Sacramento Times 
 and Transcrqjt says: 
 
 "The act for which the victim suffered was one entirely justifiable under 
 the provocation. She had stabbed a man who had persisted in making a 
 disturbance in her house and had greatly outraged her rights. The vioh'iit 
 proceedings of an indignant and excited mob, led on by the enemies of the 
 luifortunate woman, were a blot upon the history of the stiite. Had .she 
 committed a crime of a really heinous character, a real Aineiican would liave 
 luvoltei, at such a course as was pursued toward this friendless and unjiro- 
 tocted foreigner. We had hoped the story was fabricated. As it is, tlu' 
 perpetrators of the deed have shown themselves and their race." 
 
 This editor goes far out of his way both to distoil 
 tlie facts and then to draw from them false conclu- 
 sions. The woman was not a friendless foreiijjncr, iioi- 
 was her act justifiable. The man she murdered offei'ed 
 her no violence, and she had no right to kill him, Tlie 
 ])eople were right to hang her, but they were wrong 
 to do it madly and in the heat of passion. 
 
 But bad as weje tlie miner3 of Jjownievillc in their 
 dealings with criminals, they were not so bad as the 
 average San Francisco jury. I say far above the 
 action of the law in a noted fcmale-nuirdcr case wliich 
 the San Franc "sco courts bungled nearly twenty years 
 later, is the course of the Downieville miners to be 
 (excused. The cases are only partly j)arallel. In 
 ))oth the slaycr« were women; but one killed a man 
 hecause he invc^viod her home, and the other because 
 lie j)referred his own wife before her. One was act- 
 uated by revenge, the other by jealousy; one slew 
 her victim because he liad treated her ill, the other 
 
 m 
 
 m 
 
 
588 
 
 THE DOWXIEVILLE TRAGEDY. 
 
 If! 
 
 . ,1 
 
 ) 
 
 i 
 
 i 
 
 n'%' 
 
 I;!! 
 
 :.!£,;:. 
 
 because he had treated her well. One killed a miner, 
 and the miners hanged her; the other killed a lawyer, 
 and the law let her go free. 
 
 If before this California, or the world, needed further 
 evitlence of the eccentricities of law, the trial of Laura 
 D. Fair for the murder of A. P. Crittenden offers 
 ample illustration. 
 
 Married at the age of sixteen to a Mr Stone, with- 
 in a year she was a widow; next for six months her 
 husband was Thomas Grayson, who freed himself by 
 divorce; then she married William D. Fair, who in 
 1861 was said to have committed suicide. At Sacra- 
 mento Mrs Fair kept a lodging-house for a time; after- 
 ward she appeared upon the stage at various times in 
 Sacramento and San Francisco. With the discovery 
 of silver in Nevada, she went to Virginia City and 
 there kept the Tahoe House, where in September 
 1863 Mr Crittenden took rooms. The acquaintance 
 there formed soon ripened into quasi affection. 
 
 Arrested for threatening to shoot her partner wliilr 
 ])laeiug the national flag upon the hotel, Mr Critten- 
 den defended her. Subsequently she married our 
 Snyder, but was in less than two months divorced. 
 Before and after this marriage slie was on intimali 
 terms with Crittenden, and their intimacy was by in> 
 means i)rivate. At the time of the murder ]\Irs Fail 
 was about tliirty-live years of age. She was a woman 
 of extraordinary aptitude, with sufficient ocquirements 
 to make dangerous her attractions; in the e^^es of sonir 
 she was even beautiful. 
 
 Among the talented and culti\'ated of California, 
 none iaid;ed 1 uglier than Mr Crittenden. The law 
 firm Crittenden and Wilson, of which he was seniei' 
 member, was prominent among the few called first in 
 the profession. lie was a graduate at West Point, 
 ne[)hcw vi' .John J. Crittenden, United States senater 
 frciui Kentucky, and brothor-in-law of Tod llobinson, 
 supreme court re[)orter. ]]e was no less gent)emanl\ . 
 generous, warm-hearted, and honorable than lie was 
 
A. P. CRITTENDEN. 
 
 mner, 
 wyer, 
 
 jrther 
 
 Laura 
 
 offers 
 
 , with- 
 hs her 
 self by 
 who in 
 Sarra- 
 ; after- 
 imes in 
 scovery 
 ity and 
 )tember 
 lintancc 
 
 er wliil'' 
 ^rittoii- 
 icd our 
 ivoroed. 
 ntinuilt 
 ,s by HO 
 ra Fair 
 woman 
 onicnts 
 of son 11' 
 
 lifornia, 
 'ho law 
 senior 
 first ill 
 Point, 
 I senator 
 bbinsoii, 
 Luuinly. 
 he was 
 
 able and distinsfuished. He was the husband of an 
 amiable, loving, and accomplished wife, and the father 
 of an interesting and intelligent family. He was about 
 fifty-eight years of age at the time of his death. 
 
 The nature of this anomalous attachment was, 
 on the part of Mr Crittenden, a strange infatuation 
 ratlier than reasonable afi'ection. All the while ho 
 loved and respected his wife; all the while she loved 
 and respected him ; all the while he was a father to 
 his children, protecting them, guiding them, loving 
 them. During a part of the seven years of this 
 unholy intimacy Mr Crittenden's family were at the 
 east, but the family relations were never severed. 
 While sensuous fancy obscured the path of duteous 
 dcjr>n:v and made him wanton for a while, his true 
 soli '.. then, as ever, with the right, 
 
 In speaking thus I do not mean in any way to 
 mitigate his wickedness or gloss his insane folly. 
 When an amiable, intellectual, chivalrous gentleman 
 so far forgets his duty to himself, his family, and to 
 society as to descend into the depths and there wallow 
 in swinish lust, tenfold more condemnation is his due 
 than merits one less favored. Nor would I throw the 
 blame upon his paramour. Though she played never 
 HO cunningly by her seductive charms upon his im- 
 pressionable nature, it was no excuse for him ; if the 
 low, th^ poor, and the unfortunate may not plead 
 temptation in iiiltlgation of their crimes, surely the 
 more favore-l of fortune should not be permitted to 
 do so. A- t > }nj.>tive blame, in this case as in most 
 cases, the ibult \vas ii\ore the man's than the woman's. 
 That she, a n^:. v'.'us woman of the world, should 
 strain her soul to win him, is less abhorrent to our 
 sense of morality than for him, for her embrace, to 
 descend from his high station, besmear his fair name, 
 and cruelly crush the hearts of loving wife and 
 children. Were she as mad with love for him as 
 iJido for ^neas, or Cleopatra for Antony, the fall 
 heneath I" fascinations opened to his view, and to 
 
 
 
 I! ' t| 
 
590 
 
 THF DOWNIEVILLE TRAGEDY. 
 
 I;i!>i£ 
 
 that of his friends, a weak, gross, baneful streak in an 
 otherwise spotless character. 
 
 Returning somewhat to reason after this long in- 
 dulfjence of his baser self, Mr Crittenden resolved to 
 sever his connection with the snx^n, and sent for his 
 family. The evening of their arrival, which was the 
 3d of November 1870, he crossed the bay upon the 
 Oakland ferry-boat to meet them. On their return, 
 while seated outside the cabin between his wife and 
 daughter, Mrs Fair, closely veiled, approached him, 
 and drawing a pistol fired, the ball penetrating the 
 left breast. Supported by Mrs Crittenden, he dropped 
 back in his sea. t.nd gradually sank to the llooi-. 
 Dropping the pisu( ibur-barrelled Sharp shooter, 
 Mrs Fair hurried iii, the cabin and mingled wit'i 
 the other passengers. Parker Crittenden, a son, with 
 a policeman who happened to be on board, went in 
 search of her. They soon found her, when the sou 
 said, "That is the woman; I accuse you of murdering 
 my father." The woman answered, "Yes, I don't, 
 deny it. I admit that I shot him; I don't deny it. 
 He has ruined me and my child. I was looking fur 
 the clerk to give mj'self up. Take me. Arrest me; 
 I am ready to go with you." Mr Crittenden lingered 
 for three days, when he died. Mrs Fair was in ap- 
 parent delirium for several days. 
 
 In due time the trial was begun. Mrs Fair, paK; 
 and weak, appeared in court arrayed in black silk an( I 
 veiled, accompanied by her mother and daughtci-, a 
 beautiful child (jf nine years. Having abundant means 
 at her command, two expert criminal lawyers were 
 engaged, and seated in a rocking-chair between them, 
 a -d attended by her physician, the prisoner took an 
 active interest in the proceedings. To the charge of 
 murder the accused pleaded " Not guilty," and set up 
 in defence insanity. 
 
 For thirty days the jury were kept together, and 
 forty minutes after the case was submitted to them 
 they returned with a verdict of "Guilty of murder in 
 
LOVELY LAURA FAIR. 
 
 091 
 
 in an 
 
 ig in- 
 ^ed to 
 
 or hi« 
 IS the 
 )n the 
 eturn, 
 fe and 
 I liim, 
 \cr the 
 L'oppcd 
 lioor. 
 [lOotcr, 
 d witU 
 n, witli 
 vent ill 
 ,hc sou 
 rderinjj; 
 I don't 
 Icny it. 
 
 ing 
 
 )st 
 
 for 
 nic ; 
 
 I 
 
 ingcrei 
 in ap- 
 
 ,ir, palt' 
 ilk and 
 liter, ;i 
 means 
 s wen' 
 
 ■1 them, 
 
 ook au 
 
 arge of 
 
 set up 
 
 ler, and 
 [o tbem 
 irder in 
 
 the first degree." A motion for a new trial on the 
 ground of incompetency of jurors and for other rea- 
 sons was carried to the supreme court and granted. 
 At the second trial the prisoner was acquitted on the 
 ground of insanity and given her liberty. 
 
 Many years have now elapsed since this discharge, 
 during which time Mrs Fair has often appeared upon 
 the streets of San Francisco apparently no more insane 
 than others who have not killed their man. She does 
 not claim to have been insane long before the killing 
 nor long after. Just how much woman's love and 
 woman's hate, fired by alchemic passion into the mutal 
 jealousy, is sufficient to place the female mind outside 
 itself let doctors and law^^^s determine. But to dis- 
 cuss the question is idle in the extreme. Xo unbiassed 
 mind of averasje intellisxence for a moment doubted 
 that this woman was guilty of the crime of murder, 
 such as that for which the law intended those com- 
 mitting it should die. The people were disappointed, 
 indignant, that the tigress should be let loose upon 
 them; but patient and plodding as they arc, they were 
 now becoming accustomed to unquestioning obedience. 
 Nevertheless thev could but feel humiliated under the 
 issue of the affair. Yet there is nothing uncommon 
 about it; with numberless quibbles and technicalities 
 interposing between crime and punishment, with a 
 profession whose members glory in their dexterity in 
 clearing the guilty, with judges so blindly bound to 
 form as to be senselessly indifferent to the righteous- 
 ness of a cause, and with juries composed of men 
 iiiclced indiscriminately from shops and warehouses, 
 whose minds arc unaccustomed to weiijrhinjx evidence, 
 and who are casil}^ -swayed by their sympathies and 
 influenced by their prejudices, we must expect that as 
 a rule the guilty poor only will be punished while the 
 money of the rich buys pardon. Every appearance 
 of this woman upon the street is a commentary on the 
 injustice and incompetency of our judicial system. 
 
 When little Laura was in short dresses and playing 
 
 
m 
 
 692 
 
 THE DOWNIEVILLE TRAGEDY. 
 
 with her dolls in Mississippi, being then twelve years 
 of age, William D. Fair and A. P. Crittenden were 
 sitting together in the same legislature, being the first 
 in California. One killed him.self and the other she 
 killetl. Broderick, murdered duellistically by Terry, 
 was also a member of this legislature. Lightly laughs 
 Satan : innocence, legislation, law, and suicide; woman, 
 law, and murder; lightly dances Satan! 
 
 i 
 
CHAPTER XXXII. 
 
 THE POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 Mark what unvario<l laws preserve each state, 
 
 Laws wise as nature, and as (ixM as fate. 
 
 In vain tliy reason finer wehs sliall draw, 
 
 Entanj^'le justice in lier net of hiw, 
 
 Anil right, too rigid, harden into wrong, 
 
 Still for the strong too weak, the weak too strong. 
 
 "ope. 
 
 Were any ever disposed to praise tlie Mormons, or in 
 any wise to do them justice, then miglit the lovers oi' 
 law and order, the oj)[)oscrs of the vii^ilaneo principle,^ 
 iL;ive them credit for livin;^ without mobs, without any 
 popidar, or legal, or other tribunal save those siini)lo 
 i'lirins which lead with the least possible time and cost 
 to justice. Did the advocate of vigilance reform 
 desire to praise them, he might point to the fact that 
 liere existed a society in v.diich the regretted necessity 
 was Avanting. How they dealt with their enemies, 
 the enemies of their religion, is another matter. We 
 do ours all the iniurv we can, and that while the i'alse 
 jirayer is on our lips that God will bless them. 
 
 In Carson Valley, near the Carson River, on the 
 Deseret road, the bodies of six persons, sup[)osed to 
 liave been murdered by banditti, were exhumed in the 
 autumn of 1851 ; concerning which ^Fr James F. Tvffe 
 ihus writes to the Sacramento Times and Trdnscri/if: 
 
 " My own observations, while over in tlie valley with the niounti'd nun 
 ill .Inly and August, with the information olituincd from the settlers, Icil me 
 t'l coincide with the opinion expressed by the emigi'ants, viz.: tii.it tin re is a 
 I'^iiiil of lawless and desperate men in Carson Valley, and th<' citizens, in pi'ti- 
 ti"iiing the governor for a small mounted force for protection, hail an eye ti> 
 thi-se gentry, although nothing at that time could be proved of sutliciiiit im- 
 li jitance to warrant their arrest." 
 
 Per. Tbid., Vol. I. 38 ( 5'Ja ) 
 
 
rm 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 5! 
 
 Lucky Bill was a j]fCK)(l fellow if lie was a \illaiii, 
 and owsrybody likud him. Ho owned in ISaf) ono 
 of the bi'st farms in Carson Valle v. Other iine tracts 
 of land he owned elsewhere, besides !j;-reat henls of 
 catlh'; indeed Lucky Lill lor the time and place was 
 rich. J^ut like many another to whom wealth has 
 brought from friends and nei_i;"hbors no additional I'c- 
 spect, as Lucky ])iirs riclies increased, his re])utatioii 
 lor honesty and intcLjrity diminished. Like many 
 another who havinjj^ acliieved a re[)utation for su[»erlor 
 ability or skill sj)oils it all by some act of insensate 
 lolly, so Lucky J)ill afti-r enjoying a long career of 
 the most fortunate good fortune, which secured him 
 home, family, friends, and every comf »i't, dissipated ail 
 by one, to him, most uiducky i\cv{\. Many of his ])!ac- 
 ticos wei'e looked u[K)n as somewhat nioi'e than shar]t, 
 'among which to bu}' stolen cattle, and t(t a[>pro])riati> 
 all .straggling stock ujxni which he could lay his hand, 
 werc^ among the least. 
 
 ]\[urad the l^nlucky i'ancied i\ll the woi'ld against 
 him; Saladin the Jjucky grew in sell'-conlidenc;' 
 tiii'ough tile ins])iration of his luime. So it was with 
 wicked "William Thorrinuton, for tliat was Luckv liill's 
 true name; successful in little villainies, he undertook 
 
 gr( 
 
 ,er ones, un 
 
 til 1 
 
 le u'rew 
 
 ^o 
 
 bold in his uidawriil 
 
 acts that sad grief at List overtook him. During liis 
 ])almy days, surrounded by Vvife, and children, and 
 I'riends, there were none so happy and jovial as lie 
 His little irregularities he regarded as good jokes, and 
 often I'ecounted the story of a trick [)layed on sonic 
 passing euiigrant by which he had trained a wagon 
 
 an( 
 
 1 its contents, or a iine 1 
 
 ca 
 
 tth 
 
 w 
 
 ith tl 
 
 lorse, or seNeral yoki 
 
 le same apparent satisfaction a soldi 
 
 el' 
 
 tells of his shootings. And as the man kept opiii 
 liouse and was by no means niggardly with the proji- 
 orty he had taken from others, it was a long timi' 1h- 
 foi'e his neighbors would allow themselves to be worricl 
 by disparaging rumors concerning him. At last, how- 
 ever, his avarice so far ac(|uired the ascendancy as ti) 
 
THE 8T0RY OF LUCKY BILL. 
 
 59.-) 
 
 aiii, 
 
 at'ts 
 
 [s i)f 
 was 
 has 
 
 \ IV- 
 
 atioii 
 nany 
 »cr*it»i' 
 nsatc 
 
 H'l- (>r 
 
 I him 
 Led all 
 
 sliaris 
 H>iiat'.^ 
 ; hand, 
 
 f\ivah»st. 
 '/idi'iu''' 
 IS wUU 
 
 y IVllFs 
 
 lead him into the coininisyloii of a most lionihle and 
 inexcusahlo erimo. It liappeiied that in this ycaf 
 ISof) a Frenehman was lienlin'Lj Caht'oi-nian eattle ai 
 the Truckee llivei-, Thorrin^ton had plenty of jjfood 
 i;iazini^ land, and eoveted the cattle, but tlu; Fiencli- 
 nian wanted some compensation tor them, and Jjucky 
 Hill never [>aid lor that which could he more; easily 
 obtained by strata<^em or crime. There are manv 
 lucky liills about; lucky in that they escape han!"- 
 iniL"', as Lucky J^ill Thorrinj^ton did not. 
 
 There was a i'riend of Thorrinnton's, oni; Edwards, 
 Avho likewise wanted the cattle, and wlio had visited 
 the Frenchman for the purpose of buyiiii^j him out, 
 but as they could not agree ui)on the price the effort 
 was unsu(;cessful. ]']dwards often stopped at 'i'hoi- 
 rington's house; and one chiy during a conversation 
 on the subject, Thoi'rington coolly proposed that they 
 should kill the Frenchman and divide thesj)(»ils. JOd- 
 wards consented. Again visiting the Frenchman, on 
 some j)lausible ]»retext he decoyed liim some distance 
 from his canij), and then shot him and hid the body. 
 A I'orged bill of sale madi; Edwards the apparent, 
 owner of everything, and the Frenchman's j>ro[)erty 
 Avas duly dividetl by the consj)irators. JjUcky as ever, 
 thought iJill, as the time ])assed (juietly by alh-r this 
 last adroitly managed alVair. l>ut the evil-minded arc 
 never permanently lucky. Kwu if they contine tluir 
 rascalities within the limits of the law and so escape 
 legal punishment, that for which they sell their souls, 
 case, gratiiied ambition, happiness, they never get. 
 The devil is a shrewd [)ay master, feeding forever his 
 (le\()tc^es on the passions which tirst brought them 
 into his service. 1"he Frenchman's I'riends in ( 'ali- 
 Ibrnia, neither seeiuLif nor heaiini; from him Ibr so 
 long, feared some evil had befallen him, and instituted 
 investigations which led to the tinding of tht: J»ody and 
 the discovery of the foul play attending the French- 
 man's death. The settlers were aroused. Forming 
 themsolvos into a couunittce of vigilance, they ar- 
 
 p! 
 
 fl 
 
;« 
 
 !i!. 
 
 
 1 
 
 i 1 
 
 :« 
 
 IJ 
 
 1 
 
 '■'i 
 
 [.. (/■- 
 
 i 
 
 i 
 
 69fl rOPULAR TmT^UXALR OF UTAH AND XKVADA. 
 
 nstt'd Tlioriinsfton, his acooinjilicc liavinnc escaped; 
 then eleetini^ oilicers and organi/iii;^' a trihiiiud, llicy 
 tried the jd'isoiier, convicted him of nnirder, and sen- 
 tenced liim to T»o lian|njed. Unlucky ]>ill. 
 
 ^[eanwhile tlie A^i<j;ilance Coinniittee earnestly de- 
 si rt^l to secure Edwards, and most villainously did they 
 undertake its accomplishment. The man Thorrint;- 
 ton had a son, a bright, I'rank, honest lad of sixteen 
 years, who little know how bad his father was. It 
 was thought that he, as well as his lather, knew where 
 Edwards lay concealed, and that bv promising the bov 
 his father's life the other felon nn'ght likewise he 
 ln'ought to justice. It was a hazardous undertaking; 
 ]']dwards was a powerful, well armed, desperate man: 
 even settlers feared to attack him in his rc^treat, nnd 
 the boy was not only to discovei' to tliem tlie criminal, 
 but to bring him out and lead him into a trap wlicrc 
 they could catch him. That they were a covvardly set 
 I do not <l(!ny; but that was not tlH> extent oi' their 
 baseness. It was a desperate undertaking; Ivhvards 
 Avas almost sure to suspect treachery, and that sus- 
 picion would cost the l)oy his life, for the man, already 
 doomed, would not hesitate a moment to slay one wliu 
 kncAv and woukl divulge his liiding-[)lace, JJut what 
 would not a noble, high-spirited lad do to save a 
 father's life, a father unjustly condemned, as the bov 
 was made to believe, and for another's crime? 
 
 At night, alone, behind the mountains which rise 
 west of (jlenoa, young Thorrlngton went to a secluded 
 canon M'hero the murderer lay concealed. Edwai-ds 
 did not know that Thorrington had been cai)tured, 
 and this fact the boy kept carefully to himself Me 
 said his father, hotly hunted, desired to sec him i\\ a 
 certain house to concert measures for the safety of 
 
 *■' 
 
 both. From the first, Edwards seemed to feel that ;:!l 
 Avas not right; whether it was the boy's too eagi' 
 manner, whose father's fate one unweighed word <»!' 
 his might sadly mar, or whatsoever it was, then; np- 
 peared to Edwards an air of unreality about it that 
 
INFAMOUS MKASUKKS. 
 
 507 
 
 made liini licsitatc. At lirst lie llatly rcliiscd to <;•(>; 
 said that cacli could take; bettt.-r care of hiiiiscH' a|tiiit 
 iVoia tlu! other; that tiiei-e was iiothiu'L'- to be juaiiifd 
 ill \)v'u\<f toi;cither, and iiuieh to lose. IJtit \vh(;ii tin; 
 boy calmed, and, made' discreet bt'yoiid his y»'ars by 
 the burden of a lather's life, reasoned with Iiim, bc^'^cd 
 liim at least to see his f;ither, assuriiii^ him that iioth- 
 in<4' ill could come of it, he linally yiehh^l, at the samt! 
 time saying to the boy if he played him false his lift! 
 should surely be forfeit. Concealed in a herdsman's 
 hut ne:ir the forks of Carson Ivivei-, on a lonely riuieho 
 owiu'd by Thorrinujton, the ]>ai'ty of settlers awaited 
 the nnnxh-'rer, and thitlun- fi'om his covert Ww. boy 
 conducti'd him. It was lono- jil'ter midniL^ht when 
 they drew near the place, Jvlwards advancini^ alon;^- 
 cautiouslv with his I'un raised, and other ;irms in 
 readiness, v.atcirniL;' narrowly every movi'inent of the 
 boy, who marched silently bi'fore him. (Jn reacliiuL;' 
 the house he beekoned young Thorringtou back, and 
 stepping to the dooi' listened attentively for a moment, 
 then cautiously oixmumI it. Dai'Iaiess and death-silence 
 were within; but this was nothing strange, as Thor- 
 iiii<»ton would hardiv dare to burn a. linht in one of 
 liis own houses, even in this lonely distant one, v/heii 
 iustico was so lioundin«jf him. Me would eiitei-; lu! 
 was not afiaid. Scarcely had his foot crossed tiie 
 threshold when thud! a powerful blow from an unseen 
 liand I'elled him to tlu' lloor, and the vi^'ilants v^ere 
 upon him. Bound by his captors, he was taken before 
 the same tribunal that doomed to death Thorrington, 
 and tliere in like maimer was tried and found guilty. 
 It was almost always a question in a new community 
 how the lirst death-sentence sliould be carried into 
 eirect. Simj)le-minded Vv'ell meaning settlers are loath 
 to turn hangmen; nevertheless necessity often im[)oses 
 unwelcome bui'dens. In this instance there was much 
 • liversity of o[)inion on the subject. Some were in 
 favor of iinding, if possible, a shadow of law and there 
 laying the condennied; others thought that the pronii:3U 
 
rm 
 
 rorULAR TRIBUXALS OF UTAH AND NEVADA. 
 
 nivon to the l)(»y sliould Ix' strictly obsorvtxl; otlu-rs 
 wrro ill favor of suiuiiiai-y and imincdiatc ('xocutioii. 
 Tlu'se last outiuiiiilu'ri'd the lost; and at Clear Creek 
 Haiieho, witji a coolness and coiirai^t! worthy a hettcr 
 eaiisi', tilt! two men met their liite. JJiit what shall 
 wo say of those conscienceless men who, to accomplish 
 their purpose, so ci'Uelly played uj)oii the most sacred 
 atl'i.'ctions ^ J*oorl>oy! what teach in t^s would so make 
 him a child of hell as the treacheries of these; sell- 
 constituted examples of i^ood citizenship. For myself, 
 I would almost as lief have th(; fathers sin upon my 
 soul as this vile meanness of the son's deceivers. 
 
 Prior to I8r»2 (^arson ValhiV had for souie time 
 served as a hidin!4'-j)lac(; for stock stolen in California. 
 K(!mote and ))raeiically inaccessible to sufferers hy 
 these depredations, it atl'ordi'd a safe retreat. After 
 recruitinn' in this valh^y, tlie stock was driveu to Utah 
 or sold to emiu;M-ants. l"'rom cattle -stealing' to tin- 
 rol)l)in_n" of emigrant trains and oNcrland staj^jes v.'a> 
 hut a step. Cjli'a«lually the valleys round Carson Cit; 
 v.'ero occupied hy res|)ectal)le settlei-s, who retj;'ar«le' 
 these outrages with disfavor. lUit so strong at that 
 time was fjie impure element, that out of this action 
 of the.i'eformers grew numhei'less factions, which ke|i1 
 tliosL' valleys iu constant turmoil, often attended l)y 
 ])ersonal encounters and hloody party strifes. Thougli 
 the a(;tiou of the A'^igilancc; (Jommittee, aii absolute 
 necessity in itself, was [»roductive of t!ie greatest good. 
 active in ri'j)rehending ei'iminals, and punishing with 
 (•oolness, hanging few but banishing uiauy, yet there 
 Were there, as iu California, those who o[)posed it, 
 some from ])riuci[»le, sonu; IVom petty pride, but I'ar 
 more from |)ersonal and s(;llish interest. An anti 
 vigilaiure oi* law and (')rder party was foruied, which 
 carried the issue into politics, and did almost as uuidi 
 towanl retarding the })rogress of settlement and cloud- 
 ing the prosperity of the country as the malefactors 
 themselves. 
 
Ar.oi'T TAnr^oN riTv. 
 
 r.\Y) 
 
 At Lane and Tolnison's ranclio.AValkcr T^ivcr, soiik' 
 i'uuv in the winter of IHa.V-d, .lini, an Indian hoy 
 raised from inlancy on llic place, killed .lohnscn l)e- 
 <'ans(( lie llireati'iied to whip him if Ik^ whipped the 
 sliee[>. 'I'he hoy, when he saw what- he had done, 
 nionnted a hors(! and lied. Lane with a party st;i fled 
 in j)ni'snit, eauj^ht. the hoy in Sierra A'alley, and hani^i'd 
 hiiM at ( 'aison Kiver, near liiid Station. 
 
 At Williams Station, sixty miles helow CJenoa, in 
 ]\lay IHOO thei'e was an <»nthreak of the natives, pro- 
 voked hy i;ross ontra^cs on the ]»ai't of the snperior 
 race, in which I'onr white men lost their lives. It aj)- 
 peai's that tho ai-hiti-aiy method of redressing- injmies 
 is not aj)[»lical)le to savaiL^es as to civili/ed men. ^\'llen 
 the red man suH'ers wroni^' he nuist j^'o to his !.;i'e;it 
 lather at WashinLjton and there lod^c; his coni|>!aint, 
 hut he must not lift a liuLfer, when attacked, in sell- 
 <lelence. It is a j»recetlent too <lan'jjerous lor Indian 
 in(hi];4'ence. Should one dare to <1(» s(t, white men ai*e 
 Justilied in exterminatini;' the trihe. It was somewhat, 
 so ill this instance. Certain oi'tlie more humane set- 
 tlers ])roj)ose(l to visit the outi'a'^'i-d trihes, to deiiiaad 
 iVom their chiefs the indisiduals out ra^cd, and to Iiaii;^' 
 them, lor it was these; who ]iad conimittesl the ciiiae 
 of retaliati;>ii, which j)rivileL;'e helon ;(.'d only i > des- 
 jieradoes white; ot';;kin howewr hlack of heart. This 
 surc^ly was i)unislinu;nt eiiouuh lor these duskv \ I-'il- 
 ants, one would thiidi; hut so did not tho silver-seek- 
 ers. J^'illed with ])itchy wj'ath, they rose and threw 
 tliemselves upon these naked elefeutU'rs of their lire- 
 sides, and a most unholy and umiecessaiy ilwrv. 
 months' war was tlu' cousefjueiice. 
 
 ]\ridsummer I MOO saw much mischief afloat in and 
 .'!i-oun<l Carson City. With a, scattei'ed population 
 of say seven hundi'ed, thei'e were within a jxiiod <if 
 six weeks no less than live murders repoited. Add 
 to these numherless assaults, shoot in, ^''s, cuttiii;4s, and 
 heatings, an<l tho measure of hi'utality is well filled. 
 In the absence of theatricals, and of the more j-elined 
 
 i '{: 
 
 h -l 
 
 
 
 m 
 
 It- 
 
600 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 representations of life and character, the inhabitants 
 fell back upon their native resources and acted their 
 own tragedies. In the absence of piano, flute, and 
 guitar, mingling with the many-voiced harmonies 
 of nature, the silver-toned l)rooks, and the concert of 
 birds, were the pistol's gentle click and sharp report, 
 and the shrill laughter or more passionate cries of 
 ragcful men. 
 
 So remarkable during thi:^ carnival of violence was 
 a moment of quiet that people and the presi^ all noticed 
 it. Saj's the Territorial Enterprise of the IGth of 
 June 18G0: 
 
 "It is noticeable tliat for the last week we have not bad a rnurdcr or 
 shooting scrape in our city, while within the same porioil several desperate 
 ami (lisrcputiiblo eliaracters have quietly slipped off to California. On ^Monday 
 last Jud;^o Cradlubaugli, United States judge for Utali, opened his court; and 
 there arc those having causality largely developed who think they can detect 
 in this scries of events the relation of cause and effect. " 
 
 A singular case occurred at Carson Citv in Juno 
 1 8 GO. A German couple, ^Ir and Mrs Hesse, charged 
 one ^Manuel, a Mexican, with having attempted to 
 break into their house and take their lives. Manurl 
 was arrested and examined before Judge Cr-adlebauii-h, 
 who held him to answer before the ])roper court. 
 Durinii: the examinatioii the woman swore that the 
 ^Mexican had made improper proposals to her. How- 
 ever this may have been, it was generally believed 
 that the woman was as bad as the man. Yet when 
 immediately upon the close of the examination Mis 
 Ilesse drew from under her sliawl a cocked pistol, 
 and placing it against the head of the prisoner fired, 
 causing his instant death, neither judge, slieriff, nor the 
 people made any attempt to arrest her, but permitted 
 lier to return to her home in peace, as if she had com- 
 mitted a meritorious act. 
 
 In INIarch 1860 the ranchmen of Carson Valley met 
 at Genoa and made pledges of mutual protection. 
 Forebodings of disquiet seemed present in the minds 
 of all. The unsettled titles both to mining and to 
 
VmOIXIA CITY. 
 
 601 
 
 ants 
 :heir 
 and 
 onics 
 vt of 
 ;port, 
 es of 
 
 c was 
 ^ticctl 
 ;tli of 
 
 Airtlcr or 
 Acspcrato 
 1 MoiKlay 
 ourt; ami 
 ;an detect 
 
 [1 Juno 
 
 •liargc'.l 
 
 tod to 
 
 Mauiul 
 
 ibau;,5l», 
 
 court, 
 lat tlio 
 
 IIov.- 
 cliovod 
 t wliou 
 )u Mrs 
 
 pistol, 
 i:Y firod, 
 
 nor tlio 
 Irniittod 
 
 ,d cou\- 
 
 llcy mi't 
 
 Itoctioii. 
 
 t minds 
 
 and to 
 
 farming lands wore the cause of many disputes and 
 bloody affrays; add to this the absence of competent 
 courts and the presence of the very worst clement 
 from California and elsewhere, and the outlook for 
 social order was not very encouraijinu:. If the oram- 
 biers and desperadoes would conline their shootings 
 and cuttings to their own class no one would complain, 
 but it is contrary to nature for beasts of the same 
 species to prey on each other. Notwithstanding all 
 })rognostications, prosperity attended the development 
 of the natural wealth of the territory. j\Iost luckily 
 Virginia City escaped for nearly three years those 
 sweeping conflagrations which with their crushing in- 
 fluences had so often lai<l young San Francisco in 
 ashes. Several attempts at incendiarism were dis- 
 covered both before and after the great (ire which 
 occurred at Virginia City about the 1st of Septendjor 
 18G3, but this lire, it was generally conceded, was the 
 result of accident. At tliis time where four 3'ears 
 before there was a camp amidst the sagebrush con- 
 sisting of two rude stone houses, and six or eight 
 tents and brush shanties, occupied by a score or two 
 of straggling adventurers, there were now within an 
 area of three miles square twenty thousand inhabi- 
 tants, with houses, roails, mills, gas and water works, 
 witli schools, churches, theatres, and all the concom- 
 itants of civilization. But all tliis time the progress 
 and prosperity of Washoe, as Nevada was then 
 ]>opularly called, was material rather than moral. Of 
 all places on the jilanet, it was then tlio paradise 
 of evil-doers, as Califoi-nia had been in her day. From 
 the frequency of assaults, assassinations, and robber- 
 ies, toijether with the many minor misdemeanors and 
 suicides, one would think that Washoe Valley had 
 become the world's nior;d cess[)ool, the receptacle of 
 prison oflal from every (juarter. Likewise there as- 
 send)led were multitudes of political vagrants and 
 pcttilbggers such as wait on rascality and derive their 
 sustenance from vagabondage, whose presence in the 
 
602 
 
 POPULAR TRIEUXALS OF VTAII AND NEVADA. 
 
 now more refined atmosphere of public sentiment in 
 California was not tolerated as formerly. Bloated 
 dissipation sunned itself upon the street-cdrners, and 
 lust and lewdness flaunted their gay attire along the 
 thoroughfares. Mingling with the whiskey- stained 
 visages of the dominant race were the black and 
 yellow-skinned element found in every important town 
 upon the Pacific coast; and seasoning the mass with 
 infernal relish was woman of every shade of influence, 
 from distraught wives seeking release from unwelcome 
 bonds, and g.ass-widows panting for new alliances, to 
 the openly ^jrofanc and gaudily decked professional. 
 "In fact," says one, "Washoe is now to Californij* 
 what the latter was at one time to all the world 
 beside — a receptacle for the vagrant, the vicious, and 
 the unfortunate, who hasten to find in the excitements 
 and social license incident to frontier life a condition 
 congenial to their perturbed spirits and blasted hopes; 
 and it may be, if indeed there is not reason to believe 
 it will happen, that this country, this coming state of 
 Washoe, when it shall have had the age of her sister 
 California, will be able to boast as nmch public intel- 
 ligence and virtue, and to make as fair an historic 
 record as she." 
 
 Tlie settlers in Washoe Valley during the winter 
 of 18G3-4 felt the necessity of banding and organ- 
 izing for mutual protection against 'land-jumpers' or 
 squatters on land previously claimed. 
 
 Aurora had its Citizens' Protective Union, which 
 assumed the form of a military organization. On tin; 
 9th of February 18G4, at twelve o'clock, noon, tho 
 members formed in line, marched to the county jail, 
 and taking thence four prisoners, charged with tho 
 murder of W. R. Johnson a week })revi()us, mounted 
 them upon a scalTold erected in front of Armory Hall. 
 The military, who were one with the Citizens' Pr*'- 
 tective Union, held the town, and though there w.is 
 a great concourse of people, the strictest order was 
 preserved. The doomed were then permitted to spoaI<. 
 
THE TOWN OF AURORA. 
 
 603 
 
 nt in 
 oatetl 
 i, and 
 ig the 
 :ainecl 
 j^ and 
 [, town 
 s with 
 uencG, 
 Lslcomo 
 
 lCCS, tt) 
 
 isionul. 
 
 lifornii' 
 
 I worhl 
 
 us, and 
 
 ;ements 
 
 )ndition 
 
 I hopes; 
 
 , bchevc 
 
 state of 
 
 lor sister 
 ic intcl- 
 histoiic 
 
 [3 winter 
 
 organ- 
 
 ipcrs' or 
 
 which 
 On til'". 
 loon, tlio 
 mty jail, 
 kvith tht! 
 Iinovuiti'il 
 ])ry Hull. 
 
 Mis' PV- 
 
 Ihcre was 
 
 [•der was 
 
 |to spoaA. 
 
 The first, named Buckley, assured his hearers that he 
 and one of the others, I)aly, alone were guilty ; that 
 McDowell and Masterson, standing there with them, 
 were wholly innocent of the crime. Daly confirmed 
 what Buckley liad said. Johnson had killed Daly's 
 partner, and Daly only regretted that there was but 
 one Johnson to kill in return. Masterson simply as- 
 serted his innocence. McDowell raved, called heaven 
 to witness his imiocence, and warned the people not to 
 do murder by taking his life. He appeared under the 
 intiuence of liquor, and Daly was, if anything, worse. 
 Just before McDowell was pinioned he bade good-by 
 to all, and then suddenly drawing a derringer and 
 pointing it at his breast he pulled the trigger; l)ut it 
 snapped without exploding, when he dashed it to the 
 ground with a curse. Buckley was cool, brave, respoct- 
 ful, and temperate. In neither speech nor demeanor 
 did he manifest the slightest fear. About half-past 
 one tlie four men were placed in positicm, their liands 
 tied and eyes bandaged; the signal-gun was then lireil, 
 and earth with its materiality sank beneath four dis- 
 embodied souls. 
 
 It appears that this rich and famous mining dis- 
 trict was then infested with desperadoes, who, like 
 noxious vermin, filled the settlements and made r.uik 
 the air by their jiresence. For nearly two years a, 
 reign of terror had existed, until with the incorpora- 
 tion of the town of Aurora tlie evil elements organized 
 and entered politics. Filling the oflSces with their 
 fellows, they had prostituted the law to their own 
 base purposes. The numerous gambling-houses Mere 
 crowtled night and day, and bullets and bowie-knives 
 were constantly opening fresh channels for the flow of 
 1 flood. The quiet towns-people were almost afraid to 
 appear upon the streets; miners would hurriedly 
 transact tlieir business and hasten away while thev 
 Mere able. Pending the decision of the courts in suits 
 involving title, mining companies had held possession 
 of their claims b}- the assistance of hired ruffians. 
 
604 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 Life had hung upon a popular will as passionate and 
 capricious as that ot" the Roman aniphitheati-o, where 
 a gladiator's late was decided by the spectators, wlio, 
 if they desired he should live, held their thumbs 
 down, and if they wished him to be slain, pointed tlicir 
 thund)s u])ward. 
 
 Upon the election of a new marshal adverse to the 
 reign of the roughs, the latter had determined to 
 strike a signal blow; and the murder of Johnson, an 
 orderly and respected gentleman, whose only olfence 
 was a conscientious discharge of duty, was perpetratetl. 
 Tlien followed the execution of the four rulhans already 
 mentioned. 
 
 The following reasons why Johnson was killed are 
 given by a Carson co-respondent of the Virginia City 
 ilnion: 
 
 "It will l)c recollected that al)out a year ngo a man iiaiiicil Scars, while 
 passing on foot by Johnson Station, mounted a Jionie sfamding sadilled at the 
 <loor and rode ufl" witli him. 'J'liis waa at ^\'right'ii bridge, on the Mcst fork 
 of Walker Kiver. 'J'he hor.se belonged to a neighbor of .lohnson, a poor man, 
 who deplored his loss severely. A young man named llodgers, stopi)ing at the 
 station, mountetl another animal and went in pur.iuit of the thief, aiul over- 
 h.ui'.in,;; him at the Sweetwater. ealle<l on him to halt, threatening, if he did 
 not, to lii'c on him. Sears, however, instead of stojiping, attempted to mak(^ 
 good his escape, when llodgers fired and killed him. Th. ■ excuse of llodgei's 
 Wius that ho feared Sears might shoot him if he came to eliK-.e quarters, and 
 that he v.duld get oil with the animal if he did not. The killin;,' might he 
 regarded in part as the result of chance, seeing that it wa.s eilected with a ])i.<tol 
 and the ]iartie8 were a long way from each other. After the killing Uodgers 
 proceeded at once to Carson and surrendered himself U> the authoritii s, hacl 
 an examination, anil was disehar;ed. Ho was udvLsed, however, to leave the 
 jilai'e, as .Tohn Daly had threatened to kill him. Sears having lieen a frieml or 
 companion of the latter. Ivo<lgers thereujion eame back to .Johnson's. A 
 short time aflei-, Daly and Jack McDowell, «/('«.•< 'J'hree- lingered .faek, came to 
 .lohnson's and <lemaniled to know where Rodgers was, as they wished to ai- 
 rest him. .lohnsoii refused to inform them, know in;,' that thi'y woidd iiill liiiu 
 if lliey got him in their jiossession. Ite told them, however, that he knew 
 wheri' Rodgers was, and that he would inform them if they came autlioii;'.ed 
 with a jirojic 1- warrant for his arrest. Knowing that they eouhl not jiroemv 
 tliis, they left in a rage, and have frequently since been known to tiu'eatta 
 Johnson foi- the part lie took in befriending Ifodgers. In order to alhiy sus- 
 picion, however, they let the aliiiir rest for a whole year; nor docs it appcr 
 that John.^on waa nppri.scd of their purpose or aware of the throats they h;:d 
 made. The diy prior to the nuirdcr Johnson, it ap^iears, went to Aurora fi^r 
 
CAPTURE OF BUCKLEY. 
 
 G05 
 
 are 
 
 9, -vvhilo 
 ;l at the 
 est fork 
 Ml' iiiiiu, 
 i;^ at till! 
 11(1 DVUl- 
 
 f ho .li.l 
 to iiiaki^ 
 
 iTH, ami 
 iii.-ilit 111' 
 la pi.'t"! 
 
 ti. H, haa 
 • avi' tin' 
 iVii'ial 111' 
 ,(m";<. -^ 
 |, caiiH' t'l 
 oil to ai- 
 Uill liiiii 
 hi' kiu'W 
 ithoi-i/.i'i 
 ]irocuv<' 
 1 throat t!i 
 iiUay HU- 
 
 lit ai'l"'''' 
 Ithcy ha.l 
 
 luvov'ii. £"^' 
 
 the purpose of diaposing of a lot of potatoes, when tliis gang at once set their 
 wits to work to phm liis death in a manner that wouUl be k'ast likely to draw 
 suspicion on themselves. To this end one of tiieir numhcr, aflecting a great 
 friendship for Johnson, induced him to take a walk witli him, and linally to 
 visit several places about town, in which manner, having kept him up till a 
 late hour, he finally decoyed him into a somewhat obscure locality, wliere, 
 secreted behind a wood-pile, his companions lay in wait to despateli tiieir nii- 
 susjtecting victim. Arrived at the spot agreed on, Buckley fellod Johnson by 
 a blow over the head with a pistol. John Daley then shot him tlirou^di the 
 lioail, when a third one of tlie party, but whether McDowell, or Masterson, or 
 some other one of the gang, is not known, cut his throat. His pockets having 
 been rifled, he was left lying on the spot where he fell. Tlie assassins then 
 S'.'parated, Daly going to a saloon near by, where he shortly after told those 
 present, with affected nonchalance, that there was a man lying in the street 
 (lead a little way off, designating tiic spot. These parties at once suspected 
 tiiat Daly was himself the murderer, or knew something of the matter, and 
 kocpin r their eye on him, soon after procured his arrest. A follow known as 
 Italian Jim, who it seems overheard the nmrder plainied, or was in some way 
 in'ivy to it, becoming ahirmcd, took the stage early in the morning and K ft 
 in the direction of Carson. Oflicer I'ine having been dospatohed, overtook 
 the .stage at Wellington's, on the West Walk'!r, and conducted him Itaok. 
 .lim, in order to save himself, made a confession, revealing who wore tlie 
 guilty iiarties and the manner in which the diabolical crime was connuitted. 
 Corroborating evidence having been obtained, the nuirdor was fastoiiod upon 
 these men beyond any doubt, to sav nothing of the confessions of Buckley 
 and Daly." 
 
 The Esmeralda Star ffivcs the followiiii; account of 
 luurdcrer Buckley's capture: 
 
 "]?uckley fled from the town on Wednesday, the day after the murtur. 
 Vai.ior, Oilman, and Fagan had also fled on hoi-scljack and gone, as supposed, 
 wliich afterward proved to be correct, to the AiIoIm; Meadows. Various 
 I inr.ors were flying through the town that Buckley was hid in some one of the 
 many hundreds of tunnels and sliafts on I.^ist Chance Hill. A thorough search 
 V. as made everywhere to find him, but it all proved to l>e a fruitless task. On 
 IViday evening ShorilF Francis returned to town with Parker, (Jilman, and 
 I'av'.'in, who were taken at the Adolx! Meadows; from them information was 
 j:ivoii that a man answering the description of Buckley had passed .Mackay's 
 raiioho on foot, which is nbdut twelve miles from this jilace; ho had Kto|ipi'd to 
 ^;i't a drink of water, but wliou he saw Parker and his companions lidiiig up 
 lio secreted himself, supjiosing them to bo a party sent in pursuit of hii.i. .\s 
 sociu as they had left he started for Memo Lake, and from thence was iutoMil- 
 iii;; to make his way f)ver the mountains tlie liest way lu; could. Tin' .■-Ik rill'. 
 hearing no further tidings of him, left on Saturdaj' moniing for tlie Adobe 
 Mc.mIows, determined if he did not find him tluu-e he would go on down t > 
 <l\veii:!ville, wiiitliei- he supjiosed ho had lied. Captain Tool also \\ciit out, 
 taking with him Mr Augustus Lidcc and Joim Burns, and went over toward 
 
CC6 
 
 rorULAR TRIBUN.iLS OF UTAH AND NEVADA, 
 
 Mono Lake, haviny started one day ahead of Francis. They hunted dili- 
 4,'ently, riding entirely round Mono Lako on a veiy dark niglit, and a portion 
 of the time without any food. The weather waa piercing colil, and they 
 came near freezing their ears, hands, and feet. Tliey finally had to stop 
 and build a lire to wann theni.selve.s bj'. They then mounted their liorses 
 and hunted a long time during the day for the fugitive, and then returnetl 
 to town. 
 
 " On Monday moniing Deputy-sherilf Teel felt eonfident he couhl be found, 
 provided Teel had enough men to assist him; ami on Monday luat, at about 
 eleven o'clock in the forenoon, ho started out for Mono Lake with Messrs 
 ]^ke, Shreves, Dekay, Patterson, Jackson, Staatz, and Joseph lUcluirdson, iii 
 company. When they arrived at Mono Lake, on the northt-rn side Captain 
 Teel divi.'.ad his forces into two parties, lie sent Shreves, Jack;.on, Patter- 
 son, and Dekay around the oast end, and took wiili him Richardson, Lake, 
 and Stuatz to go around the west end of the lake, and all would arrive at Le 
 Vining's old rancho within about fifteen minutes of each other. The party that 
 went around the east end of the lake rode very fast until they came to Riish 
 Creek, which empties into the lake ; they daslied in across the ei-eek and came 
 to Le \'ining's old lioutie. The door was open, and the party demantled of the 
 men who were there if they had seen anything of Buckle}', and one of tiiem 
 replied, 'lie is not here.' The dog belonging to the house kept up a foolish 
 barking, and seemed to be watching something in the .sagebrush, and would 
 occasionally make a dash toward it. This attracted the attention of .lack- 
 son, and he thought he saw something moving ia the siigebrush, and he also 
 tliought there was a lit'de chip or sometlnng tlirown toward tlic dog to drive 
 him away, lb; brouglit his gun to his shoulder and said, 'Patterson, I've got 
 something; let us see what it is.' The rest of them brought their guns to 
 their shoulders and covered the object also, wliile Patterson went on foot 
 toward it, and when he had got within a few feet of it Buckley rose to iiis 
 feet and said, ' Boys, you have got me this time,' and immediately surren- 
 dei-ed. They brought him to the house, and in about fifteen minutes Deputy- 
 sherilF Teel arrived with his party, they having dismounted a little way oil' 
 in order to come in on foot ard surround the house, expecting to take him 
 that way. 
 
 "Remounting their horses, the party all rotle back together, passing by the 
 house of Mr Boomer»iiine, who did not expect them until nioiniug, and had 
 niiide every pri'pai'ation to greet them with a line breakfast of wild <lucks 
 juid geese, and every hospitality he coidd bestow, but Teel's party arrived 
 too soon for him ; but it was not lost, for SherifT Francis and party an-iving 
 at the hour set made it all right. Teel and his party pushed on toward 
 home, aiul some of their horses gave out, but as a good providence would 
 have it, as tliey were trudging their way along slowly in the middle of tlu; nig' * 
 a band of horses came up to them; one of tho party said 'Whoa!' and they 
 stopped and allowed four of themselves to be saddled and bridled without 
 any difficulty, and the party tlius being mounted on fresh hor.ses they were 
 cnal)led to reach home a1>out five o'clock in the morning of Thursday with 
 their jirisoner, who was at onco put into the county jail. 
 
 " Buckley iufonncd them that when Teel and his party were out the 
 
DEVII 
 
 607 
 
 (ViU- 
 irtioH 
 
 they 
 1 stop 
 lorsea 
 urncil 
 
 Eouinl, 
 al)out 
 Messrs 
 son, i'.i 
 'aptiiin 
 I'atter- 
 , Laki--, 
 \! at Lii 
 vty that 
 to Rush 
 ud came 
 111 of the 
 of theiu 
 a f(K)Ush 
 [ul wouM 
 of Jack- 
 A he also 
 [f to ihivi: 
 I, I've got 
 ,■ guns to 
 It on foot 
 ,se U> his 
 |ly surrMi- 
 
 Deputy 
 |le way olV 
 
 take him 
 
 linjj l)y the 
 aiul had 
 l-iM (Uicks 
 ly ani^'''^ 
 ly aiTiviu:-; 
 ],n toward 
 luce would 
 Iftheiii^''" 
 and they 
 Id without 
 Ithey wi'VL' 
 kday with 
 
 L out the 
 
 first time, during the niglit he saw their fire and could hear them talk, and 
 when they mounted their horses ngain they camo on so fast that tiicj' over- 
 took him, and that lie laid down in the sugehnisli and came very near being 
 stepped on l)y Mr Lake's horse. He had tnivelled around the lake several 
 times, which is about thirty-five miles in circumference, and lindiu',' liimsclf 
 closely pursued, he struck out into the open wild sagebrush plain fur tiio 
 Adobe Meadows. On Hearing this place ho got a glimpse of Slieriil I'rancis 
 and jinsne, and started back again over this long distance, through tliia wild 
 sagebrusli deaert, to the alkaline waters of Mono Lake again, and wandcreil 
 around its shores, hiding in the sagebrusli until almost exhausted. His ca:)- 
 tui'o soon followed in the manner aliove sfcited, and he was brought to town, 
 declaring that \w would rather be hanged than sufTer aa he liad for those hist 
 three or four days and niglits from Imngcr and cold; and being worn com- 
 jilctely out, ho found that escape was impossible, and having suffered so nnich, 
 (juietly submitted to his fate, which explains to a groat degree the cause of liia 
 cheerfulness and composure when ou the scaffold." 
 
 Tlio o-ovornor, on entering Aurora sliortly nfter- 
 v/ard to inquire into this arbitrary ntatc of" afthin>, 
 .saw tlic grim framework where the eulprits luul been 
 executetl with the lour fatal ropes still dangling from 
 the cross-beam, and turning to the sherilf exclaimed, 
 "Have that devilish 'machinery immediately removed!" 
 Tlie sheriff hesitated, fearing the power behind the 
 throne; but when the governor threatened to do it 
 himself if he did not, the sheriff mustered the requisite 
 courage and had the gallows taken down. The Au- 
 rora Tiincs of tlie 4th of March shows that notwith- 
 standing the return of peace secured by the j>eo})le's 
 organi;iatit)n, there were those who were restless for 
 them to disband, knowing that to practise the arts 
 of their profession while the watchful eye was on them 
 M'as not safe. Says that journal: 
 
 "Tho following petition is being circulated througli town for signaturi'S. 
 Last evening we saw one list containing over fifty names. Tho movement 
 sliows t!i;it there is an opposition to tlie ('itizens' Safety Committee in our 
 midst, to wliich its jirotracted session is giving strengtii. We liave no desire 
 to sec Aurora declared in a state of insurrection ; no wish to ha"o troops sent 
 here. As set forth yestenhiy, the effect would be most injurious t<> the in- 
 terests of the city. If the committee wouhl get through witli tiieii- l)usim'ss 
 and disband at once, the opposition now manifesting itself would fall to tho 
 ground and amount to nothing. The danger of a bloody collision l)ct\vei a 
 tho oLiceid of tho law uud tho committee, which Ihroatcua hourly to como 
 
COS 
 
 POPULAR TRIBUXALS OF UTAH AND NEVADA. 
 
 alwut, is by no means a pleasant subject to contemplate. 
 
 as follows : 
 
 The petition rcatlg 
 
 , I! 
 
 "V'o hh Excellenfji James W. Nije,fiov<>mnrnfthe Tcrritorijof Kcxada, Carmn: 
 
 "Your petitioners, residents and citizens of Aurora, Esmeralda County. 
 Territory of Nevada, would most respectfully represent: That there is now 
 an nnncd organization in our midst, acting in open defiance of the Liw jind 
 constituted authorities; tliat this organization, without even the pretence of 
 legal ri'.'ht, is continuing to arrest citizens and residents among us. and com- 
 pelling them, by an overwhelming force, to leave and abandon a place where 
 they have seen fit to come and live. These proceedings arc being carried on 
 by an armed multitude, overpowering the legally constituted officers, upon 
 the pi-ctext of charges that are preferred in secret against parties proteitting 
 tlicir entire innocence, and who arc denied the opportunity of defence, of con- 
 fronting their accusers, or even of knowing who they are. 
 
 "Within a very few hours one of these orders to leave has been issued and 
 enforced by this organization at the imminent peril of the safety of our town, 
 and the lives of the officers of the law and a large nundier of citi:;cn3 called t ) 
 their aid, but rendered jiowerlcss from the fact that all the public arms are in 
 the hands of the organization referrctl to. 
 
 "But now, in ad<lition to all this, another blow is levelled at every prin- 
 ciple of law and sentimcTit of justice in the arrest of our fellow-citi;:en .Tolm 
 M. Prendegrast, who has come inidcr the ban of this organization, falsely 
 styled the People's Safety Committee. This man we have known long. lie 
 is an old resident and a large property-owner in this place, and baa held ami 
 now holds upon our stafT of police a position which ho has ever filled with 
 fidelity and sobriety. Within the last twenty-four hours, in the niid<lle of 
 the night, this man has been arrested, without waiTant, without knowi;ig for 
 what cause, has been held in close custody, a jnock inver.tigation rcpcirteil t> 
 have been held, and without the aid of counsel or frieutks or the privilew of 
 calling witnesses in his defence, ho is ordered to leave the place which ho bus 
 made his home, and w-here, by bis industry, lie has accumulated a h;;nd:;oiiie 
 property, and obtained the respect, hitherto at least, of the whole connnunity. 
 
 "We, therefore, your petitioners, earnestly urge upon your excellency to 
 adopt some measures by which our society may be hebl and protected witliia 
 the law, the imminent danger of a disastrous outbreak and bloodshed be 
 avoided, and the rights of all be protected and secursd. 
 
 "And j'our petitioners will ever pray, etc. 
 
 "Aurora, March 3, ISG4." 
 
 The errand jury, reporting a month later, thouglit 
 differently. They say: 
 
 " Having considered the homogeneous character of our population, isolat'il 
 as wc are and removed from the influences of older communities, and the 
 great difliculty and expense of procuring witnesses, which deter pcrsoii^ 
 of limited means from prosecuting and bringing to justice the perpctrat<irs nt 
 crime, and the fact that within the last three years some twenty-seven of or.r 
 citizens have come to their death by the hand of violence, and the delays ai:d 
 
AUllOr^ AFFAIRS. 
 
 600 
 
 3a;l9 
 
 •son : 
 inty. 
 
 now 
 / mill 
 »cc of 
 
 com- 
 wlioro 
 icil oil 
 , upon 
 Dfstiii'; 
 of cou- 
 
 letl ami 
 
 V town, 
 iA\vi\ t ) 
 13 arc ill 
 
 ;ry rvin- 
 :en Jd'.i'i 
 
 1, i-aW'-y 
 
 m'S- "^' 
 lielil iiu<l 
 llk-.l wiUi 
 .ir.adle .;! 
 nviiv; fiiv 
 
 ivili'L''-' *''" 
 I ho li:'S 
 
 i;.uil;ou>i: 
 
 inumi'^y. 
 
 r.ency t;) 
 
 il witln-.i 
 
 nldhcd lie 
 
 llOUgV't 
 
 , isolat-'il 
 and thf 
 Ir persni!^ 
 Itrators "f 
 len of onr 
 Llays as- 1 
 
 inefficiency, and wc believe also the indifference of those who were the sworn 
 guardians and ministers of the law, and the unnecessary postponement of im- 
 portant trials, whereby many notorious villains have gono unpunished, we 
 are led to believe that the membera of the vigilance association have been gov- 
 erned by a feelijig of opposition to the manner in which the law haii been ad- 
 ministered rather than by any disregard of the law itself or of its ofticcrs." 
 
 Says the San Andres Register of the 27th of Feb- 
 ruary 1864: 
 
 ' ' Since the organization of the Vigilance Coimviittce at Aurora there has 
 been a general skedaddling of murderers, gamblers, and thieves from that 
 locality. It seems tliat a regular system has been atlopted by this class of 
 gentry for the murder of persons who might become obnoxious to them, 
 from any cause, and great concert of action existed when they marked each 
 ouo for blaughter. A man named Finley, who was interested in several 
 Valuable mines, was thought by them to have too good a thing, and his death 
 1 (Solved on ; ascertaining which, ho quietly sold out and left for the east. 
 1 »r Mitchel was also doomed, because ho was a most important witness in the 
 J'oud and Del Norte suit, and saved his lifo by the greatest watchfulness. 
 Julmson was killed for his money." 
 
 The Stockton Tndejjendent, noticing the refusal of 
 the grand jury of Lincohi County, Nevada, to indict 
 Ijarney Hood for kilhng Thomas Coleman at Pioche, 
 nives the following hist(jry of some luffians with whom 
 Coleman was associated: 
 
 "In 1SG7 Edward Lloyd shot and killed a teamster named Thornton at 
 Oioville. iVfter two or three trials he was sentenced to ten years in the 
 btate-prison, but through some decision of the supreme court finally escaped. 
 1 lu and his two brothers, George and Thomas Lloyd, kept the Mountaineer 
 saloon in Sacramento in 18G1-2. In the last named year, if wo are not mis- 
 taken, the great fight occurred at the foot of K street between the steamboat 
 tuuuers. Both drew pistols and commenced firing simultaneously. Lloyd 
 was reenforced by his brother George, his cousin Patsey Callahan, and Me- 
 Alpinc, who has since earned a wide reputation as a prize-fighter. Coleman 
 was supported by Joe McGcc and F. N. Smith. The Lloyd party was anncd 
 villi but one pistol and one knife. McGee stood a short distance off and fired 
 with a revolver, wounding George Lloyd in the right shoulder and McAlpine 
 in the Avrist. In the heat of the conflict Smith approached Edward Lloyd 
 from the rear and shot him, killing him instantly. Smith remained in the 
 county jail about six months, when the grand jury ignored the charge against 
 him. George Lloyd had by that time recovered. Within fifteen minutes of 
 the time Smith was discharged, George Lloyd shot and killed him, inflicting 
 four bullet- wounds. Lloyd was tried several times, and finally acquitteu. 
 A year or two later, Patsey Callahan was stabbed and killed at the Bank 
 Pop. Tbuj., Vol. I. 39 
 
nio 
 
 POPULAR '] RIIJUXALS OF UTAH AND NEVADA. 
 
 Kxchange in Siicranicnto Ijy Tliomas Sherman. George Lloyd went to Nevada 
 and Thomas Lloyd to Idalio. While in Sacramento George Lloyd had a 
 rough-and-tumble fight with Johnny Daly, which was the subject of consid 
 crablo talk among their friendy. The silver excitement took over to the 
 vicinity of Aurora, George Lloyd, Joimny Daly, Jimmy Sears, and the othei 
 Thomas Coleman, who was a brother-in-lav/ of the Lloyd's, but who had 
 nothing to do with the steamboat Imsiness. Scars soon afterward, while 
 ti'avelling on foot on the Aurora road, jumped on a horse in front of .Johnson's 
 hotel and rode olF. He was pursued, shot, and killed. 
 
 "A short time afterward Daly and Coleman engaged in a bar-room figlit 
 with George Lloyd concerning mining claims, the respective parties h.aviuj,' 
 been retained as fightei'S by the conflicting claimants. Several shots were 
 iired and Lloyd was killed. It was generally believed that the fatal shot was 
 lired by Ins brother-in-law Coleman. Soon after this occurrence Johnson tin; 
 hotel-keeper visited Aurora and was murdered in the night. The proof was 
 conclusive that he had been murdered in revenge for the killing of Sears. A 
 vigilance committee previously organized arrested, tried, convicted, and 
 hanged Daly and three others for the Johnson murder. The Thomas Coleman 
 who was recently shot and killed at Pioche by Barney Lloyd is, wo believu, 
 the brother-in-law of the Lloyds. 
 
 "One evening, perhaps in 1SC3, a man whose name we have forgotten, 
 wliilo in a saloon in Carson was shot and killed. The assassui fired through a 
 window with a shot-gun and escaped. Suspicion rested on McGee. Precisely 
 ii year afterward, at the s.amo hour in the evening, McGrce while in the same 
 saloon was shot through the same window and killed. The same gun was 
 found on the ground, having been used as on the first occasion. The assassiji 
 also for a time escaped. Thomas Lloyd returned from Idaho to San Francisco. 
 About eighteen months ago he shot and killed a man named Tliny at Sevciitli 
 anil Stevenson stri'i'ts, and is now serving out n ten years' term in the stato- 
 ])rison for the offence. We understand the Coleman who fought the duel 
 with Mulligan to be the steamboat runner, who still resides in San Francisco. 
 ^Mulligan, while under the inlluencc of delirium tremens at the St Francis Hotel 
 in San Francisco, resisted the efforts of tlie police to arrest him. .i^i immense 
 ei'owd gathered around the hotel. Mulligan fired and killed two men in the 
 crowd, and was himself shot and killed by a policeman., This is indeed a 
 dark chapter in the criminal record of the coast. The only instance of pun- 
 ishment by law, in connection with this entire list of crimes, is that of Thoiiuis 
 Lloyd." 
 
 About throe weeks after the execution of tlie 
 murderers of Johnson, Aurora was agitated by tlu' 
 threats of Masterson's brother, who on hearing <>f 
 the hanging came over from Carson City to settle tlu' 
 rogue's estate. Little attention was paid him until 
 he began to utter menaces against those who had 
 «lain his brother. Hearing these, the Union deter- 
 
THE MINE15S' LKAGUK. 
 
 Oil 
 
 Nevada 
 
 1 ha<l a 
 
 consiil 
 
 P to till' 
 
 he other 
 (vho ha<i 
 d, whili' 
 [ohHsoii-* 
 
 oom figlit 
 B8 htvvin;,' 
 hots w<r>' 
 I shot was 
 (hnsou tin: 
 proof was 
 Sears. A 
 icted, anil 
 IS Coleman 
 SVC believf, 
 
 . forgotten, 
 d through 11 
 ,. Precisely 
 in the sanii' 
 Tio gun w:i-^ 
 The assassin 
 n Francisi-o. 
 y at SevcTith 
 in the atate- 
 ;ht the diKl 
 u Fraueiscu. 
 I'runeis Ui'tcl 
 ^Vii imnu'ii>'' 
 |o men in ili'' 
 is indei'il ii 
 ,ncc of run 
 |at of Thonius 
 
 of the 
 by tlK' 
 taring "f 
 settle tho 
 him "i)til 
 Iwho lia*^ 
 Ion deter- 
 
 mined upon action. The signal -gun was fired; the 
 sheriff offered Masterson the protection of the jail, 
 of which hospitality he eagerly availed himself In 
 less than twent}'^ minutes after the signal -shot four 
 companies were under arms. The armed guard which 
 the sheriff had stationed to kee[) the prison were in- 
 ,:'ifficient for its protection. Masterson then agreed 
 to quit the place instantly if permission should be 
 given him. This was agreed to by the military, who 
 escorted him beyond the precincts of the town. 
 
 Between the ranchmen and the land -jumpers on 
 the Truckee River on the night of the 17th of Feb- 
 ruary 1864 there was a bloody fight, in which one 
 Ferguson was shot to death and two wounded. The 
 ranchmen then associated an«l declared war. 
 
 A man by the nan»e of Doyle had been killed by 
 • »ne Lynn, who for the offence was confined at Dayton, 
 Xevada, for trial. About three o'clock on the morn- 
 ing of the lOtli of August 1804 a posse of the Dayton 
 V^igilance Committee entered the apartments of the 
 sheriff, whom they bound and gagged, and taking the 
 ]<eys they opened the jail, took thence Lynn, who 
 hegged piteously for his life amidst loud shrieks for as- 
 sistance, and hanged him in the jail-yard. Tlierc was 
 little excitement attending the execution, few know- 
 ing of it except those present until some time after all 
 was over. 
 
 Near the sink of the Carson on the night of the 
 •ilst of October 1864 one Edward Hale was shot by a 
 negro, who was soon afterward caught and hanged by 
 the people. 
 
 Besides the several committees of vigilance organ- 
 ized at different times and places in Nevada, there 
 were many impromptu tribunals for special cases, as 
 well as mobs and Indian-fighting companies. An as- 
 sociation was likewise formed under the denomination 
 of " The Minors' League," which was not always tem- 
 perate in its counsel nor beneficial to society in ifes 
 operations. There is a vast difference in the asso- 
 
613 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 i-Iutiiig of the best element of a community, actuated 
 l)y no personal ambition and possessing no political 
 aspirations, banding for the support of social morality 
 and good order, for the upholding of law and govern- 
 ment in so far as law and government can sustain 
 themselves, but never harboring designs of tlieir ovei- 
 throw — there is a vast aifference, I say, between sucli 
 (jrganization and the leagues of disaffected laborers, 
 secret political societies, and the coalescing of lawless 
 desperation. 
 
 James W. Nye, governor, and superintendent oi' 
 Indian affairs of Nevada, writes from Carson City 
 September 25, 18G4, to J. P. Usher, secretary of the 
 interior at Washington, informing him that " for the 
 last live weeks this territory has been in considerable 
 turmoil and commotion, owing to apprehended raids 
 from avowed disloyalists from California and this ter- 
 ritory on the ))rincipal towns of the territory on tlic 
 one hand, and riotous and unlawful proceedings of 
 persons composing wliat is here called the Miners' 
 League on the other. On two occasions I found it 
 necessary to order out the military from Fort ChurchiJl 
 to the towns of Virginia and Carson, to be in readiness 
 to suppress or })rovent those anticipated troubles. A 
 force of nearly three hundred cavalry is now on dutv 
 at Virginia, ready to meet any outbreak of the rioters. 
 I have also had to form companies of home-guards in 
 every town in the territory, and arm them to suppress 
 and subdue unlawful yiolence." 
 
 And again five years later we read in the Sacramento 
 Beeoi' the 30th o'f September 18G9: 
 
 "Yesterday aftcnioon about three liuudreJ and fifty members of tlio 
 Miners' Union at Cold Hill, Nevada, made a raid upon the Chinese laborti-s 
 on the Virginia and Truekee Railroad. They drove the Chinamen away fmni 
 their work, but did not attempt any personal violence. The sheriff of t!ie 
 county and officers were present, and contented themselves with reading tlio 
 riot act and watching the exploits of the guerillas." 
 
 In April 18G7, following the Virginia Trespas.^, 
 matters stood thus: 
 
 "The fracas in the Highbridge saloon, Belmont, on the 18th has In en 
 
THE CASE OF VAIL. 
 
 613 
 
 latod 
 itical 
 rality 
 vcrn- 
 
 istaiii 
 over- 
 i sueli 
 lorcrs, 
 iwlcss 
 
 ent of 
 1 City 
 of the 
 for tlic 
 Icrable 
 J raids 
 his tt'V- 
 
 on the 
 ings of 
 
 liners' 
 [ound it 
 
 uirchill 
 
 aJincss 
 
 us. -^ 
 n dut y 
 
 rioters. 
 ards in 
 
 uppress 
 
 kmento 
 
 lera of the 
 Ise labovtra 
 ] away ir<>m 
 feriff of the 
 teading tbe 
 
 111 has been 
 
 tli<- moans of impelling the people of that place to the resort which new com- 
 iiiunitiea ao commonly adopt for security from ruffianism. A vigilance com- 
 mittee baa been organized and ia now making efforts to overtake those who 
 took part in the outrage which resulted in the death of Bodrow and aftt i 
 ward of Digncn. A jail has been constru'^t .d, and two men who imrtieipiitiii 
 m the abuse of a mining superintendent on the night of the 17th iiavc been 
 incarcerated, Russell and Bender. Kight mounted men, a patrol appointed liy 
 the Committee, are traversing the surroundinc country in quest of others 
 who were engaged in the riot. Great excitement was occasioned by the im- 
 prisonment of Russell and Bender. Armed men were seen on every hand, 
 some to resist the nimored hanging, otiiers with tlie determination to stand 
 by the Committee. " 
 
 One Vail, arrested tor the murder of his partner, 
 Knox, while in custody of the sheriff of Lincjoln 
 County in July 18G7 on the way to Hiko, was seized 
 by a company of men, tried before a jury c^f twelve, 
 <niidenmed, and in an hour and a half thereafter 
 luinged. Of this affair the same journal of July lJ)th 
 says: 
 
 "We learn from Mr Walsh, who arrived here from Belmont last evening, 
 that the mail-carrier between Belmont and Pahranagat arrived at the former 
 place <jn Monday evening, bringing the news of the hanging by the people 
 oil tlic previous Thursday of S. B. Vail, the alleged murderer of Robert AV. 
 Knox. Vail, it will be recollected, was arrested a few miles from Austin by 
 .iii city marshal, W. H. Knerr, on the 10th of .Tune, and delivered to the 
 custody of Sheriff Matthews of Lincoln County. The prisoner was taken to 
 Belmont, and while theu steps were taken to prevent his being carried to 
 Lincoln County, but he was finally delivered to Sheriff Matthews, who suc- 
 n'cded in taking him to where the foul murder was committed. 
 
 "VaU was taken from the sheriff at Logan Springs and carried to Hiko, 
 tin miles distant, the county seat of Lincoln, where it appears they gave 
 him a trial after the manner of Judge Lynch. He refused to make any con- 
 fession of the murder of Knox, asserting that he believed he was in I'reacott, 
 Arizona. While he persistently denied the murder, he confessed that he was 
 a horse-thief. He was condemned to bo hanged. A piece of timber was run 
 from the upper window of a, building, to which a rope was fastened ; a wagon 
 containing Vail was driven alongside the house; the rope was placed around 
 liis neck, and at a signal the wagon was drawn away, and in a few minutes 
 the career of a bad man ended." 
 
 In every spot of the Pacific States where precious 
 metals have been found, thither have flocked like vul- 
 tures desperate characters, who stirred up strife, ex- 
 cited turmoil, and caused the honest and industrious 
 
 \"Ml 
 
014 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 I 
 
 I 
 
 F- 
 
 iniieli anxiety. And this was continued, gradually 
 growing worse, until they were driven out by the 
 order-loving element; for the right-minded of every 
 j»ermanent community are stronger than the evil- 
 minded. The White Pine district proved no exception 
 to this rule. 
 
 During the winter of 18G8-i) the louglis and out- 
 laws directe<l their attention chiefly to driving from 
 tlieir ground those who held possession of mining 
 claims. So unbearable beeame the evil that the citi- 
 zens of Hamilton and Treasure City were obliged to 
 form protective associations. 
 
 It was exceedingly^ ilifficult for the miners to sub- 
 mit to the rulings of courts which wrought injustice 
 to any of their uumbei-. They loved equity more 
 than law. The people of Treasure Hill, White Piiic, 
 had not long been favored with a district judge before 
 they |>laced their will in determined opposition to his. 
 One Stanton in August or September 1809 sued and 
 obtained judgment for certain land which had been 
 bought and improved by innocent third parties. Of 
 this land a Mr Fulton had bought a piece and built a 
 house upon it, at a cost, for land and building, of some 
 fifteen hundred dollars. Fulton was willing Stanton 
 should have the land if it belonged to him, but lie 
 thouijht the house bv rights belonged to himself And 
 so thought iiis neighbors; for one night forty of them 
 proceeded in a body to the place, rolled the house 
 across the street, and placed it upon ground whicli 
 did not belong to Stanton. The latter was present 
 with friends; shots were exchanged, but the Fulton 
 party was the stionger. 
 
 On the Ejjfan and White Pine road robberies b( - 
 came so fre(pient that the inhabitants of that vicinity 
 on the 27th of September 18G9 ealled a meeting and 
 organized the "Eg/in Canon Property Protection 
 Society," by whicli means they hoped to curb tlie 
 growing evil. .F. Riley and J. O'Dougherty in behiilf 
 of the people 
 
 of Egan submitted tlie 
 
 followniir resii 
 
PROPERTY PROTECTION SOCIETY. 
 
 Gi: 
 
 lutions and rules tor the ujovorniuent of tlio sociotv, 
 which were adopted : 
 
 " Whereas, Tlie discovery of ricli mines of silver in the Wliite Piiie dis- 
 trict has attracted to eastci'ii Nevachi a hirge population, and among them, 
 unfortunately, many of the reckless and criminal adventurei-.s wlio float lialnt- 
 ually from one scene of mining excitement to another, and wlio, when they 
 find their wild hopes of sudden accpiisiticn disappointed, hetake to theft, 
 robbery, and murder as a means of supiwrc; an<l whereas, from tiic exjiosed 
 ])Osition of many districts and the sMarsencss of settlements upon the prin- 
 cipal highways in this county, there exist here peculiar facilities for the jter- 
 petration of robberies and the escape tif robbers, while t!ie supineiiess and 
 inefficiency of the executive officers of the county an- sui'li lu* to give, pnic- 
 tically, full license to crime ; therefore, 
 
 "Ihnolri'd, That the condition of this county calls imperatively for a de- 
 fensive organization of its citizens for tlie protection of life and i>roperty, and 
 f(ir the prompt adoption of all proper means to excite, and if necessary to 
 fiimpel, the executive officials to an active, efficient, rigiil, Jiiid persi vering 
 discharge of tlieir duties. 
 
 • ' A'eso/c('(/, That as the first step to the prevention and punishment nf 
 c rime, it is necessary that the hiw-loving and law-a)iidiug citizens shall iiuini- 
 lost. ]jy suili organization as ours, tiieir own intei'est anil deteiniination in 
 regard to the arrest and conviction of criminals, tliese organizations to cov- 
 respond and coiiperiite for tlie aceomplishment of these objects; and that 
 until the state of things wliicli now exists sliall be corrected, all honest men 
 should unite, without re [leet of party, to sustiiin and applaud those otiicers 
 who honestly and sat is, ''a <■ tori ly perform their iluties; ami to defeat the re- 
 ( lection, and when p( s^ible efl'ect the renifival, of those who are inditferent, 
 (■orrupt, or inelticient. 
 
 " RVLKS AM> ReGULvVTIOXS OK Till: S(M IKTV. 
 
 ■'First, This society will be called 'The J'^gjin Canon l'rci[)erty Protection 
 .Society.' It will be established for the mutual protection of tlie person and 
 ja-operty of each individual member of the community iigainst the oiitra,L;es 
 <if highway robbers, horse and cattle thieves, and dishonest p.'rsons. Second, 
 llach member on joining the society will jiledge iiiniself to al)ide by its rnh's 
 and perform what thtiy demand of him. Third, Tlie olhctn-s of the society 
 will consist of a president, viee-jaisident, secretary, and treasurer. ThcM- 
 will constitute an executive committee. l''oiirtli, It will lie the duty of eacli 
 member to give prompt information to the executive comnnttce, or to the 
 president or secretary thereol. wheni'ver he hears of the commission of an 
 outrage in the district, or wlicn he has leason to believe that uidinown per- 
 sona are prowling about under suspicious circumstance. Fifth, It will l)e the 
 duty of the executive committee, th(^ jiresidcnt or vice-president thereof, to 
 jilace themsclvea in immediate communication with the local authorities, and 
 in cooperation with, or acting under them, to use every exertion and employ 
 every means to bring the perpetrator of such outrages, or such suspected )ier- 
 ions, to justice. Sixtii, Wlien such information >»hall have been tiius properly 
 
61G 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 I 
 
 brought before the constituted authorities, it will be the duty of the commit- 
 tee to choose by ballot a certain number of members from the society, who on 
 their part will be bound by their pledge to accompany the law officer or offi- 
 cers, and to cooperate with them in every step that may be found requisite to 
 detect or apprehend such susjiected persons. Seventh, If any property sliall 
 bo recovered through the exertions of the society, the owners shall be requirei I 
 to refund to the society a certain sum, proportionate to the value of the prop- 
 erty, toward defraying the expense incurred in the recovery of such property. 
 Eightli, No person shall be a member of the society who has not some legiti- 
 mate business or calling in the district; and when admitted to membership 
 no cause other than sickness or absence shall exempt any person from any of 
 the duties of membership. Ninth, There shall be no admission fees, but to 
 pay the expenses of pursuing and prosecuting offenders the executive com- 
 mittee shall levy an asi^essment on the members when occasion shall arise. 
 There shall be no sjjecial days of meeting of the society, but the members will 
 Ije convencfl by the president, or anj- member of the executive committee 
 acting for him, when their services shall be required. No habitual dninkard 
 or person of bad moral habits shall be a member of the society." 
 
 Upon the telco'raph poles of Promoiitorv one Sun- 
 day morning' in November 18G9 there appeared posted 
 a notice, signed hy the Committee of Vigilance, warn- 
 ing all loafers, pimps, gamblers, pettifoggers. thicAcs, 
 and cutthroats to quit the town within twenty-four 
 hours, or to prepare ti> be hanged each upon a tele- 
 graph pole. The suffering towns-people liad been 
 obliged t(» resort to this means to rid themselves of 
 a class wli(» were sapping society of its prosperity. 
 Having just organizetl as a permanent committee of 
 vigilance, they were determined to cleanse their town 
 of its moral impurities or decorate with a swinging 
 carcass every telegraph pole within the town limits. 
 Neither trees nor himber were plcMitiful in tliat vicin 
 ity. The many who availed tliemselves of this per- 
 mission, men who suddenly discovered urgent business 
 calling them to the east or to the west along th<' 
 road, some of them unsuspected liitherto of carrying 
 guilty consciences, it was wonderful to see. A com 
 mittee of three was ai)pointed l)y the Vigilancr 
 Committee, charged with power to convene the entiri' 
 body at any moment. The time having expired, th«' 
 Committee next day visited every saloon and all dis- 
 leputable houses, and warne<l the jiroprietors again>-t 
 
VmOIXIA AND GOLD HILL. 
 
 m 
 
 harboring any suspicious persons, under penalty of 
 themselves being driven from town. 
 
 The following incident is one of cold-blooded and 
 unprovoked murder: Arthur Perkins Hefferman in 
 March 1871 approached one William Smith, who was 
 standing by a cigar store in Virginia City, and drawing 
 his six-shooter asked him what he wanted. Smith 
 replied, " I don't know that I want anything." " How 
 do you want it?" was Hefferman's rejoinder, at the 
 same time firing his revolver, the bullet penetrating 
 Smith's left eye and coming out at the top of his Jiead. 
 •'I fetched him!" Hefferman exultingly exclaimed as 
 Smith fell. Then suddenly, as if the possible conse- 
 nuence of the deed had all at once flashed upon him, 
 he added, "My God! I didn't mean it!" Upon his 
 jirrest he said to the officer, "I give myself up to you; 
 I have killed a man; it was an accidc»it; I didn't mean 
 to kill him." He was taken to jail. On the morn- 
 ing of jSIarch 25th, at one o'clock, a delegation of 
 the Virginia Vigilance Committee numbering eighty 
 armed men proceeded to the jail, and entering the 
 1 oom of the sheriff, demanded the key to Heflerman's 
 cell. This was refused, and the vigilants forced open 
 the door. Hefferman was led out with the avenijfing: 
 hemp round his neck, taken to the Ophir n.ine, and 
 handed from a beam that extended from one of the 
 buildings. The sheriff was exonerated, and tlie public 
 \\ere generally satisfied with the night's work. 
 
 This man was born on board tlie ship Pcr/ci))^, which 
 sailed from New Vork the 2(»tli of September I S46, 
 carrying a portion of that scaly crew, the Xew York 
 Volunteers. The oajitain's name was Arthur; so this 
 villainous spawn of villainous antecedents was dubbed 
 Arthur Perkins, and his origin and crA weic alike bad. 
 His father was corporal of Company F and liis mother 
 u sister of the notorious robber Jack Powers, who was 
 iilso a member of the same Company F. It is said that 
 "luring the year 1871 fifteen persons were diiven from 
 \'^irginia and Gold Hill by the Vigilance Conunittec. 
 
 1. 
 
6)S 
 
 POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 i ■ ' 
 
 Goorgt' B. Kirk, a native of Fayettu County, Mi.s- 
 80uri, cuuiu to California at an early clay. He was a 
 desperate character, liavinjij killed his uncle before he 
 left home. For five years he was in the Nevada state- 
 prison on a charge of burglary; during an outbreak 
 the warden, Alexander Hunter, was wounded, and 
 Kirk was believed to have shot hhn. Afterward he 
 lived at Virginia City, where his cabin was head-quar- 
 ters for roughs and vagabonds: he seemed to have no 
 legitimate business. At the time of the hanging oi' 
 Hefferman by the Vigilance Committee, he, with sev- 
 eral other des])eradoes, was warned to leave; he did so, 
 but returned. Warned once again, he left, and again 
 returned, threatening to get even with the vigilants. 
 This was his last visit, for on the evening of July 1'!, 
 1881, he insulted one, a stranger to him, but who 
 happened to be a member of the Vigilance Conmiittee. 
 Tlio vigilant notified his associates. Kirk was fol- 
 lowed t(t a saloon, Maere he was captured; he was 
 then talcen quietly to a trestle-work at the Siena 
 Nevatla mine and lianged. Beyond theii' little circle 
 nothing was known of it until it was all over. 
 
 During the summer of 1871 crime became rampant 
 at Pioclie, Nevada, so that it was deemed necessary 
 to organize a committee of safety. The committee 
 numbered about thi'ce hundred, and Henry rifles were 
 obtained with which to arm themselves. 
 
 Indians as well as Chinamen followed closely on 
 the heels of the audacious white man in the arbitrary 
 extermination of the wicked. Buffalo J^ill was a bad 
 Piute. He drank to drunkenness; then with a pistol 
 he shot another Piute, so that he died. Thus lie 
 was becoming quite civilized; so also were his brother 
 Piutes then fringing Virginia City, for on the .'Ust 
 day of December 1872 they organized among them- 
 selves a tawny, reptile-eating committee of vigilance, 
 and seizing Buffalo Bill tiiey killed him very dead as 
 boys kill snakes. 
 
 About eleven o'clock on the night of June .'], 1H74, 
 
INFAMOUS CONDUCT TOWARD NATIVES. 
 
 GIO 
 
 thirty men entered the jail at Belmont, Xevada, bound 
 the sheriff and his deputy, and hanged two prisoners 
 named Walker and Mclntyre. Accounts of organiza- 
 tions and executions might be greatly multiplied in 
 this narrative, but further illustration of the workings 
 of the institution in this vicinity appears to me un- 
 necessary. 
 
 At Belmont, Nevada, in 1874 there was a popular 
 demonstration, of which the Belmont Courier of the 
 6th of June gives the particulars : 
 
 "Between twelve and two o'clock on Thui'sday morning, Jack Walker 
 and Charles Mclntj're were hanged in the county jail, with a slip of jKipcr 
 pinned on each of their backs bearing tlie inscription '301.' IJefore the 
 execution took place Sheriff Caldwell and P. C. Turner, liiis deputy, eacli 
 occupying separate rooms in the court-house, were securely tied, liands and 
 feet, and guarded for a time, perhaps ten minutes, after which they were left 
 in that condition, unable to move. Sliortly aftenvard, however, night- 
 watchman (iatos, noticing movements that aroused his suspicion, repaired to 
 the coui't-housc, and found the light usually kept burning in the cDurt-room 
 turned down. He then went to the doors of the sheriff and deputj', and after 
 some little dithculty succeeded in gaining access, and found the two officers 
 securely tied and destitute of arni.s. < Jates released them, and the three went 
 below and found Walker and Mclntyre, each su.spended, witli I'opes round 
 their necks, to the upper floor. Mclntyre had been tried on Maj' Gth for 
 ilrawing a deadly weapon, not in self-defence, for which the justice at the 
 tune iniposeil a fine of two Imndred dollars, or impri.sonmcnt at the rate of 
 two dollars per day until the exhaustuig of tlie amount aforesaid. Walker 
 had been taken into custody for tlie .shooting of II. II. .Sutherland on the 
 moniing of the (ith of May, for which otFence he was lield to ap|)ear before tlie 
 next grand juiy. The two victims. Walker and Mclntyre, escaped from jail 
 during Monday night, and were captureil iind lodged in jail again on AVednes- 
 day. From all accounts these two had taken the lives uf many men in 
 diflferent parts of the country, and had the re|iutation of being ilesperate 
 characters. Between the tinie of their connnitiiient and hanging it appears 
 they had made threats to take life and destroy prf>perty. Once they were re- 
 leased from custody, and from the peculiar framing of the present jury law 
 their chances for acquittal were quite probable. It is not our pur{)08e to 
 justify the hanging of these men, but in all reasonable probability to avoid 
 theii- threats being carried out, together with the certain knowledge of their 
 previous history, they were thus summarily disposed of. We trust that all 
 other desperadoes will take warning, if there are any in our midst, and profit 
 by the example motle." 
 
 Two natives, Tempiute Bill and his brother, w^ero 
 airested by the Shoshones in January 1875 and 
 
 ill 
 
POPULAR TRIBUNALS OF UTAH AND NEVADA. 
 
 brought to Belmont. There the .sheriff took them, 
 and while on the way to Hiko one of them, Bill's 
 brother, broke away and escaped. Bill was then 
 taken from the sheriff by the people and conducted 
 to Hiko. He confessed to many murders, one of 
 which implicated a savage called Moquitch, who was 
 sent for, and the two hanged. This was not the 
 worst of it; this is not the disgraceful part of the 
 story. Full of rage and vile drink, after the hanging 
 of the two aborigmals the people of Hiko went to a 
 camp near by and massacred seven natives, some of 
 whom were guilty and some innocent. This was 
 most dastardly; and had the diabolical deed been 
 perpetrated by savages upon whites, all the world 
 would have lifted its hands in horror, and a regiment 
 of soldiers would have been sent by government to 
 annihilate the nation to which the murderers be- 
 longed. How fortunate to be born white! 
 
 At Cherry Creek, Nevada, in September 1875 a na- 
 tive criminal was taken from the sheriff and executed 
 by the people. 
 
 At break of day the 17th of December 1875, as 
 two men were passing Carson cemetery they saw 
 swinging from the gate frame the figure of a man. 
 Returning horrified to town, they told what they had 
 seen, and soon crowds were pouring along the road in 
 that direction. It was ascertained the body was that 
 of a noted desperado named Samuel Burt. The om- 
 inous number "601" pinned to the breast showed that 
 the dread Vigilance Committee had been abroad the 
 night before. Robbery and incendiarism had been 
 prevalent of late, and in all large villainies Burt was 
 chief He had been frequently ordered to leave town, 
 but had refused to go. Those who hanged him were 
 disguised. They took him from the Emory engine- 
 house, where he had been accustomed to sleep foi' 
 some time past. He made no disturbance when 
 awakened by the fearful summons, "Get up quickly 
 and dress vourself; vou are wanted." He seemed t<» 
 
^VINNEMUCCA. 
 
 6-Jl 
 
 realize all in an instant, and did as he was bade in all 
 things, quietly and quickly. It was a good desperado 
 at the last. 
 
 About the 1st of July, at Ward, Nevada, a native 
 having attempted violence upon a white girl eleven 
 years of age, the citizens told his countrymen tlioy 
 must attend to it, whererpon they took their erring 
 brother and hanged him ; and the little white girl was 
 pacified. 
 
 As late as midsummer of this year, 1877, both at 
 Winiiemucca and Virginia, as well as in other parts of 
 Nevada, the Vigilance Committee was still in active 
 existence. At Winnemucca early one morning in 
 July a robust ruffianly figure was found suspended 
 from the limb of a dead tree in the burnt district with 
 the cabalistic "GOl" pinned to his back. Between the 
 good and the bad there is eternal antagonism. 
 
 
CHAPTER XXXIII. 
 
 THE POPULAR TRIBUNALS OF OREGON, WASHINGTON, 
 BRITISH COLUMBIA, AND ALASKA. 
 
 Justice, justice : woo betides us ever3rwhere when, for this reason or for 
 that, wo fail to do justice ! No beneficence, benevolence, or other virtuous 
 contribution will make good the want. And in what a rate of teniblo geo- 
 metrical progression, far beyond our poor computation, any act of iujustico 
 once done by us grows; rooting itself ever anew, spreading ever anew, like a 
 banyau-trcc, blasting all life under it, for it is a poisonous tree ! There in )jut 
 one tiling needed for the world; but that one is indispensable. Justice, jus- 
 tice! in the name of heaven give us justice, and wo live; give us only coun- 
 terfeits of it, or succedanea for it, and wo die ! 
 
 Passing northward o\ci tlnj forty-second parallel, 
 we encounter in some localities new phases in judicial 
 affairs. First at Fort George, Astoria, were the Pacilic 
 Fur Company; then For a time the Northwest Com- 
 pany were master in all this region; afterward the 
 Hudson's Bay Company, and finally American mis- 
 sionaries and settlers. 
 
 It was customary for the fur companies to arrest 
 and try offenders. Sometimes a native criminal would 
 be handed over to his tribe for trial; or a jury of men 
 about the fort would be formed; or a mixed jury of 
 white mon, half-breeds, and Indians. Often of their 
 own accord the chiefs would bring to the white men 
 for trial an offending member of their tribe; or tlu; 
 parties to a quarrel would leave its settlement to the 
 white men, confident of their integrity. In all thest; 
 tribunals Indian testimony was taken even against 
 white men. This would scarcely be regarded with 
 favor in the United States; and yet if within all <jui- 
 border there could be found red men or copper-colore( I 
 who could surpass in lying many of our white wii- 
 
 (622) 
 
UNDER FUR-COMPAXY REGIME. 
 
 (}-23 
 
 iiossos, particularly those about the Indian agencies, 
 who are most frequently called upon to testify ayainst 
 the Indians, they were indeed adepts in the art. Sir 
 George Simpson, as head of the Hudson's Bay Com- 
 pany, in crossing the continent in 1828, and at other 
 times as he went from place to placi;, would hear and 
 <lecide cases while en route. 
 
 In May 1813 the Pacific Fur Company was robbed 
 of a silver goblet at Lewis River. Tlie chief of the 
 tribe promised to look for the offender, but did not. 
 The next nijjht the fellow was caught stealin*^ A 
 temporary gallows was erected, and the Indian was 
 hanged before the tribe, who agreed to his execution, 
 as the culprit was a kind of outlaw among them. 
 
 A half-witted American named Judge was found 
 with his skull cleft, near Fort George, in May 181."). 
 Native chiefs were summoned and a reward offered. A 
 Clatsop pointed out the mui'derers — there were two of 
 them — at Killamook Village, and they were captured 
 and brought to Fort George. A jury was formed of 
 gentlemen of the fort, and equal numbers of the prin- 
 cipal native men and women. Witnesses showed that 
 the deed was in revenge for a wound given to an 
 Indian robber some two years before by one of the 
 party to which Judge belonged, the natives wrongly 
 blaming him. The Indian women exhibited more 
 acutcness in cross-examination than the chiefs. The 
 prisoners were found guilty and t;ondemiied to be shot. 
 They objected strongly to being tie<l and to having the 
 cap drawn over their eyes, but they were compelled 
 to submit. Twenty-four men were selected by ballot 
 to shoot, but th(! I'ulprits were merely wounded at the 
 first fire, and had to receive the <:ou2) de <jrace. The 
 relatives took away the bodies lamenting; and the 
 l)romised rewards were paid the natives. 
 
 The unity, energy, and wealth of the Hudson's Bay 
 Company gave them great influence with the govern- 
 ment, and often procured immunity from crimes com- 
 mitted by their officials and servants. 
 
 siti 
 
 ;li 
 
 4 
 
 u 
 
 if 
 
I 
 
 6'24 OREGON, WASHINGTON, BRITISH COLUMBIA, ALASKA. 
 
 Peter Burnett writes from Tualatin November 2, 
 1844, to the Indian agent for Oregon that he had 
 "attended the last term of the circuit courts in most 
 of the counties, and found great respect shown to 
 judicial authority everywhere, and dicl not see a soli- 
 tary drunken juryman, or witness, or spectator." 
 
 So few were the serious litigations in Oregon that 
 when the first circuit courts were held in the four 
 counties only one case of assault appeared, the punish- 
 ment being a fine of twent3'-five dollars. The highest 
 charge brought before an Oregon judge or justice up 
 to 1845 was for fighting a duel. 
 
 Jacob, a Russian renegade who had mutinied t»n 
 board the schooner Colonel Allan, was left a prisoner 
 at Fort George, but escaped and joined the natives 
 to rob the white men and attack the fort. Tired of his 
 pranks, and afraid of his organizing more serious 
 movements, ft)rty of the Fort George men surprised 
 the native village, carried off Jacob, and sent him in 
 chains to Honolulu. 
 
 Mr Hubbard, of Ciiampoeg, Marion County, had a 
 native wife. A neighbor threatened to take her, and 
 entering through Hubbard's cabin window for the pur 
 pose, the latter shot him. Rev. Mr Leslie presided 
 as judge, and the juiy returned a verdict of justifiable 
 homicide. Petitions circulated at this time stated 
 that theft, murder, and infanticide were alarmingly on 
 the increase. 
 
 Some time in December 1853 an Irishman in the 
 service of General Adair, collector of customs at Asto- 
 ria, Oregon, robbed the safe of three thousand dollars. 
 The collector had left his office for a few moments, 
 with the key in the safe; the Irishman was there 
 at the time, and there could be no doubt that he 
 took the money. Accused of the theft, however, Pat 
 stoutly denied it. As there were no witnesses in this 
 instance, he regarded a lie well adhered to as much 
 better than the truth. What should be done? The 
 law could not make him disgorge, for first the ofiencc 
 
TRIAL BY Tin: ROPH. 
 
 6fiS 
 
 must be proved, tlioujj^l* tlnTo was, poilmps, cirrnin- 
 stantial evidence suthcient lor that; hut tlien l*at 
 could alKord to lie in [>risoii some time for tliiee 
 thousand ilollars. liutlcr Anderson was there at the 
 time, ajid ho told the collector that he would mana;jfe 
 it. TakiuLj with him a luunbei" of assistants, lie con- 
 <lucted the Irishman a short distance into the wood^i, 
 tied a rop(^ round his n(.'ck and threw one end of it 
 over a limit, duj^ a grave, drew ov'er the cul[)rit's face 
 a black cap, and then told him to say his jirayers, if so 
 great a thief as he without a priest could i)ray. Pat 
 Mas sceptical as to the sincerity of their inti it ions, 
 and when Anderson intimated that information as to 
 the wlierealjouts of the money might stay proceedings, 
 Pat felt sure that he was safe, and protested his inno- 
 cence more loudly than ever. 
 
 " The thing must be done," said Anderson. "Hoist 
 away, boys I" And up went the Irishman. 
 
 "Stop!" cried Anderson; " lot him down a moment." 
 
 Wiien Pat could balance himself upon his feet An- 
 derson asked him, "Are you sure you cannot t^ll us 
 where the money is:"' 
 
 "Oh Jasus!" cried Pat; "oh holy mither of ( Jod! 
 I'm sthrangled! As I hope to be saved, I Icnow nothing 
 of the money. Oh! plase, ]\Ir Anderson, let mi; <.;•<) 1' 
 
 "No use," said Anderson as if talking to himself; 
 "I thought perhaps ho miglit like to live. String him 
 up again." 
 
 Again Pat's fe-et left the firm earth; again that hor- 
 rible sensation; thick blackness, phosphorescent light, 
 the hot blood rushing in torrents to the brain, an un- 
 <'ertainty as to whether the neck was yet unbrolcen-- 
 ;ill this as the Hibernian W(!nt uj) and down again. 
 The joke was becoming serious to the suiferer. J'iVeu 
 if they did not mean it, the fun was not })leasant ; 
 and then they might hold him up a moment too long. 
 Alreatly he had thought much of his mother and sister, 
 wliom he had hoped to make rich in the sweet ]]meiald 
 Isle; already his neck and head felt very <pieer, au<l so 
 
 Poi'. Tbib., Vol. I. 10 
 
 r } 
 
 'I 
 
 rill 
 
c:n oRi:c;ox, WAi^iiixcTOX, britisii columdia, Alaska 
 
 S 
 
 hot, and licavy, aad soro. And tlion his soul: to j^o 
 hcnco a thic't' uiishriven, what wcmhl h(!eomo of liiiii ^ 
 il(! would not risk it a third tiuu; for tlirou thousand 
 tlollars, nuich as lu) coveted tho niont-v. So he tokl 
 Anderson where he had hidden it, and was released 
 from the hempen remedy. 
 
 Prior to lHr)2 justices of the peace elected hy th" 
 people held almost unlimited jurisdiction, there luin;; 
 in most localities no available court ol'a{)peal. liel'orc 
 January of this year there was no county orj^ani/atioii 
 st)uth of the Calapooya ^lountains; and although in 
 tho sunnner of 1 852 rich <^old-diLj'j^in,t(s were discovered 
 on Jackson Creek where now stands Jacksonville, no 
 higher court than the lowest was held in that rei^ion 
 until the year following. 
 
 The miners of Orej^cjii wore in no wise behind those 
 of California in brii^htness of intellect antl resource in 
 cas(^s of emergency. The offer of free lands to actu.il 
 settlers by the government in 1850 drew thither from 
 the western bolder and from the New luigland states 
 a hardy and independent population, more st:iid and 
 substantial, if anything, than the mercuri d goM- 
 hunter of California. These, on the discovervof tiold 
 on .lackson Creek, Hocked to the new njines to fill 
 their pockets. 
 
 A justice of the peace had been elected for flii^ 
 district just before the discovery of gold, liogors was 
 his name^ — a lean, crab!)ed, sinister-eyed man, wit!i 
 neither discernment nor honesty. lie did well enouuli. 
 however, when there was no business to be brought 
 before him, and for a time after the congregating <>t' 
 the miners he i)assed nmster, that is to say, until lie 
 was needed and known. 
 
 A case arose in the autumn of 1852 which brou<i!it 
 judicial affairs at Jacksonville to a crisis. Two mint! ;. 
 Sprenger and Sims, appeared before Rogers in a suit 
 for the settlement of partnership in a mining claim. 
 It appears that v/hile Sims was absent at Porthnul 
 
ULTIMATE AI'PI:AL. 
 
 tsr 
 
 purcliasiiiijf supplies with partnership funds, Spre:!;^'(r 
 met with an aceitUjut while workinj^ the <'laini, which 
 laid him up. When Sims returned, lindiiiji; his |)art- 
 mr a hel[)less cripple, and likely to he a huideii U[K)n 
 him, ho arhitrarily dissolved the partnership and ap- 
 ))r()priate<l the property to himself ; and lest his part- 
 ner should recover his ri<^lits in court, he won to his 
 way of thinkiiiij the only mat^istrate in the district, 
 and so felt secure. Sprenger summoned to his aid a 
 fellow-miner named Kinney, who ]>resented the' case 
 heforo Justice Koj,^(;rs fairly and with no little skill. 
 Law and equity were hoth in favor of his client, and 
 this was mad(i ))lain hy Kinney ; hut the eyes of justices 
 weredinuncd hv Sims' ijold-dust scattei'ed hefoj-ethem, 
 so that they could not sec. S[)ren^er lost his <'ase, 
 and a new trial was <lenied him; tlu; poor cripple in 
 his distress talked to his friend Prim ahout it, who 
 bt'inuf somewhat of a lawyer, consulted several times 
 with Kinney. Pnm, thoujjfh a miner now, was after- 
 ward chief-justice of Orej^on. 
 
 " It is all wrontj:," said Kinney on one of these occa- 
 sions; "I believe in sinn)l() straij^htiorwardness in h^T.l 
 matters, and in the court of(jrii,nnal iurisdiction Ixiir' 
 likewise the court of ultimate aj)peal, hut this oju'ii and 
 barefaced rascality shakes my faith in thetsries." 
 
 "There is no such thin<' on this earth as ultimate 
 a[)peal," replied Prim; "that is found alonis in the be- 
 yond. The farthest back we can jjfo is to the sourct; 
 of law, the omnij)resent power of the peopli;. Th.at 
 power is here, as indeed it is in every society, the 
 central idea and cohesive force." 
 
 "All right," exclaimed Kinney, half in jest and half 
 in earnest, "let us a[)peal to that power in this case. ' 
 
 "We can do it — we will do it!" replied Prim, waxing 
 warm. " W^ho made this scoundrel judge? The pcoi)le; 
 and if the people possess the })ower to aj>point one 
 man to hang anotiier, may they not make a court 
 high enough to hang, if need be, ant)thor court which 
 ihey have made? 1 tell you, Kinney, within tvventy- 
 
 
 
C2S OREGON, WASHIXGTOX, BRITISH COLUMBIA, ALASKA. 
 
 four liours I will have hero such a court of appeal as 
 will teach Orofjon and the world a lesson throutxhoiit 
 all ages — a lessson inscribed in the beginning upon the 
 hearts of men, but which is just now beginning to be 
 read, that over before all statutes and constitutions is 
 the unwritten law of man." 
 
 This was Saturday. The morrow would bo the day 
 of all others for the organization of the novel tri- 
 bunal, the court which was to try a court. Sprenger 
 was notified by his two friends of the course detei- 
 niined upon, and directed to summon the people. This 
 was done by posting on a tree standing in the main 
 street of Jacksonville the following notice : 
 
 " Whereas, the justice of the peace for the town of .laukaonville has reii- 
 (lerotl against nic an unjust ilecision, I liereby give notice that on Suudiiy 
 morning next at eleven o'clock, at this place, I shall cany an appeal to the 
 supreme court." 
 
 Likewise during the afternoon of Satunlav Sprenger 
 took occasion to visit the several claims ami camps i i 
 the vicinity, requesting the attendance of all <>n tlie 
 following morning to decide a matter of right and 
 wrong in which he was involved. 
 
 S[>renger's case was well known to the miners, and 
 the present appeal of the unibrtunate <'i-ipple was by 
 no means in vain. Long before the appointed hour 
 men were seen coming in from every direction, and 
 soon a vast crowd had gathered r<Hind the tribuuiil 
 tree. Aj)proaching the not:<'e. thiy read it, then 
 looked around \n wonderment. More came, until ovci' 
 a tliousand had gathered there. Presently Sprengi r 
 made his ap])earance. 
 
 "Where is your supreme court'" asked one of 
 Sjircnger, beginning to thiidc tlie atlliir a joke. 
 
 "There I" said S[)reng^'r, waving his hand before 
 the assembled host, "there is the supreme court et' 
 Jackscmville." 
 
 Kinney and Prim then came forward and confirmed 
 what S|)renger had said. They were honest, manly 
 
A COURT TO TRY A CX)URT. 
 
 C29 
 
 men, these two miners, educated and thoughtful, and 
 tliey were now workini;^ for no pecuniary fee. In them 
 the miners liad the utmost I'aitli, and united the}' 
 could carry almost any point tliey pleased, for they 
 pleased to do nothing but the right. 
 
 " Yes, gentlemen," said Prim, as ho called the 
 meeting to order, "you aie the supreme court. Yoa 
 have here in Jacksonville law, but not ecpiity. Seated 
 ill the judicial chair which you have made, in the fair 
 somblauce of truth you have cheating and corruj)tion. 
 If after seeing what we shall place before you thi.-J 
 day, with all substantial [)roof, your maj.;i.:irate re- 
 mains in office another hour, you are not the men I 
 take you to be." 
 
 Kinney then i)roceeded to organize of those present 
 a tribunal of justice. Hayden, a genuine Connecticut 
 Yankee, subsequently for twenty years recorder in 
 one of the chief towns of southern Oregon, was called 
 ti> preside; a sherilf and a clerk were likewise chosen, 
 and the ]»eo})le were ready for business. 
 
 First Rogers was ordered to appear and answer 
 to tlie cliJirge of malefeasance in office. This ]\v re- 
 I'lised to do, not recogiiiziiig the authority summoning 
 liini. Yeiy well; lor the jjiesent tliey would get 
 alaiig without him. He might be glad to plead to 
 that tribunal befoi'e the day was past. Sims answi'ied 
 immediately the iirst call; he knew too well the 
 temper of his fellow-miners to attempt to trille with 
 tliem. He felt the power of the popular tril)unal, 
 1 hough the stubl)orii Rogers affected not to realize its 
 weight. 
 
 A jury of twelve was selected; witnesses were 
 siib[)a'nae(l, and the case of Spri^nger regularly re- 
 opened. Sims, with his hi'iieliman Jacobs, a promising 
 young lawyer from Michigan, and subseipiently cliit't- 
 justice of Washington, fought the evidence ineli by 
 inch, as if tlieir lives depended upon the issu«'. In that 
 assemblage they well knew that law and legal ver- 
 hiago had little weight; they must come down to the 
 
 .i. 
 
 i- k. I 
 
 
CSO OREGON, WASHINGTOX, BRITISH COLUMBIA, ALASKA. 
 
 principles of simple truth and justice, in which com- 
 modities, unfortunately, their side was lacking. 
 
 The evidence over, an eloquent appeal on either 
 side, and the case was submitted to the jury. In his 
 (•liarge the president instructed the twelve that they 
 might divest the subject of the legal technicalities in 
 which the counsel for the defence had attempted to 
 cloud it, and judge it purely upon its merits, being 
 governed only by the sacred principles of right. 
 
 There was not the slightest difficulty in finding a 
 verdict for Sprenger; the trouble was what to do 
 with Sims and Rogers. Some were in favor of hang- 
 ing both of them, while others were satisfied witli 
 lianging one, although upon the question of which 
 should be that one there was a division. Finally 
 Sims was let off by making full restitution and rein- 
 stating Sprenger in all his I'ights. But this mild 
 punislnnent only tended to concentrate wrath against 
 Rogers, the unjust judge. Louder and louder grew 
 the ominous nmrnuu" that j)resages po[)ular outbreaks. 
 Ilayden saw it coming; so did tlie three attorneys. 
 The scale of Rogers' destiny was ready to turn u 1)011 
 a feather's weight. His life was scarcely woi'th a 
 I)ewter dollar. Already cries of "Hang the scoun- 
 drel I" "String liim up!" were lieard on every side, 
 and the crowd began their dreadful surge in liis direc- 
 tion, when Prim, Haydeii, Jacobs, and Kinney, all 
 with one accord threw themselves into the now deeply 
 agitated mass of humanity and begged them not to 
 mar that fair day's work by so foul a crime. Tiu y 
 were successful; the unjust justice's life was spare*!, 
 but only on condition that he should inunediately r( 
 sign, which he was but too glad to do. 
 
 One day in November 18G2 John Desmond iiml 
 William Lybia, Americans, were sitting at a table in 
 a saloon in the town of Auburn, Oregon. Toni tlic 
 Spaniard, a desperado well known throughout tlio 
 Powder River region, entered and proposed a gaiuo 
 
TOM THE SPANIARD. 
 
 631 
 
 of poker. The Americans consented, but on clcalin«r 
 the cards the Spaniard had not the money wherewith 
 to ante. The Americans then rose from the table; 
 the Spaniard appHed to them abusive epithets, to 
 which the others retorted. Quick as a flash the 
 Spaniard drew a knife, stabbed one to the heart, and 
 then attacked the other. After a prolonged scuflK^ 
 the Spaniard likewise stabbed this man to death, and 
 then departed. The barkeeper, the only witness of 
 the affray, seemed in no haste to spread the intelli- 
 gence, and the sheriff did not know of it until next 
 day, so that the nmrdorer had every opportunity to 
 escape. Nevertheless the sheriff, with several parties 
 of citizens, started in pursuit. After two days' search 
 the Spaniard was arrested by two men from ^Monaou 
 ]>asin and brought back to Auburn. The <|Uo.sti()U 
 then arose what should be done with him, and grad- 
 ually amidst much lukewarmness and some opposition 
 tluy concluded that the man should be hanged. Tlio 
 sheriff confined the piisoner in a saloon, and with a 
 sv •:)))( guard within and without, declared he would 
 kcijp his charge at every hazard. Thus passed tliu 
 night after his capture. Next morning miners IVoni 
 the sui'iounding camps began to come in, and grailu- 
 ally the fiiction of ideas produced considerable excite- 
 ment, the result of which was a strong determination 
 on the pai't of the people to Jiang the prisoner in- 
 stantly. At eight o'clock in the niorning the throng 
 nbout the saloon was tlense. One Kirkpatrick mounted 
 a stump and addressed the people, advocating the 
 side of law and order. ]le was followed by a ^Ir 
 Johnson, who nrgu^'d that the law could not or would 
 not puni'<h, and that the people shouhl. Otiieis fol- 
 lowed, sustaining him. jNIany of those in the assembly 
 who were unarnjed wi're now seen proceeding for tiieir 
 rilles, and the fate of the Spaniard fast assumed fixed- 
 ness. 
 
 Justice Abell tliat day held court on a hil^-side 
 west of the town in the open air. A Strang ■ mix- 
 
 
G32 OREGOX, WASHINGTON, BRITISH COLUMBIA, ALASKA. 
 
 ture of law and disorder were some of these border 
 trials. The law was not strong enough to do much; 
 and wliilo the people came to the assistance of law, 
 the}' could not bring themselves to do things in the 
 legal formal way. They could get along very well 
 through the forms of trial, the taking of evidence, and 
 tlie determining the guilt or innocence of the prisoner. 
 That was necessary; that was only fair-[)lay. But 
 when it was dec-ided that a man was guilty, they could 
 not see why he shoulil not be executed; and when they 
 had anything to do with it they usually condemned 
 and executed. For that purpose had they left their 
 work. Thus it was in this instance. The people of 
 Auburn had a justice of the pcivce, and they might as 
 well use him; but whatever should come of the justice 
 of law, this nmrderer should hang. On this ]iill-si(K', 
 with a big bowlder for a speaker's desk and a smaller 
 one f( »r the clerk's, justice held her court. Before Abeil 
 the i)ris()ner was brought, and the multitude gathered 
 round. As the evidence was being taken it wa;> 
 written by the clerk and then read aloud to the au- 
 seniljlage. The jjeople present then apj)ointed a jm-y 
 to decide from the evidence the guilt or innocence of 
 the accused. Their verdict was " Guiltv of numler. ' 
 
 "Shall the prisoner remain in the hands of the civil 
 authorities?" was then asked. 
 
 "Xol" was the rtjply, in a terrific yell, which rexiT- 
 berated among the hills. 
 
 Then arose the sheriff and said that he sliould de- 
 fend the prisoner, and recommended those pT'esent to 
 behave m a manner becoming gO(>d citize-ns. }£l' was 
 followed by (}. C. Bobbins, and the cahi)U<3.s.s witli 
 which he was listened to as he advocated unid meas- 
 ui*es encouraged the lovers of law in the hope th;it 
 the company would disperse witiiout doing violenc. 
 But it was only the lull before the storm. 
 
 Suddenly a rush was made for the Spaniard. TIk; 
 slicriii'and his men closed round liim, and the struggl* 
 became hot. It is worthy of remark in ail those con- 
 
A FRATERNITY OF CRIME. 
 
 fljcts between the officers of the law and the people 
 that great care is taken on both sides to avoid seri- 
 ously injurin*:^ each other. Knives and pistols were 
 not the weapons used in seizing a prisoner; that is to 
 say, the use of deadly weapons would be the last re- 
 sort. Thus it was that Whittaker and ^EcKenzio 
 were permitted to go with the sheriff of Sun Fran- 
 cisco. The people had no desire to hurt the autliori- 
 ties for doing their duty. Nor did the slier i if, as a 
 rule, blame the people or question their right to do 
 as they did; only the low, his mistress, was a jealous 
 jade, and must be wooed coercively. 
 
 In this instance during the melee tlierc won.' hoard 
 cries of ''Shoot!" "Don't shoot!' followed by several 
 shots. The result biiing that three men were shot, 
 l)ut not seriously, by friends of the prisoiuT. One 
 Mexican after firing took to his heels, followed by 
 twenty or thirty men, who shot him dea<l. Then as 
 the dense mass surged and parted, the ]>risoner was 
 discovered in the liamis «)f the now madly infuriated 
 j)eople, who, seizing him by the chain attached to his 
 ankle, ron down the hill, dra<jfL!in<_»: him after them. On 
 ivaching Main street a rope was thrown i-ound his 
 neck; a hundred men laid hands on it, and ran with it 
 jilxjut half a mile i'arthor to a tree, where they pullt^d 
 liiiu Uji; but the man was dead long before the body 
 was hanged. 
 
 The officers of Yamliill County, Oregon, in the 
 spring of 18G5 boasted their liundred thieves' dis- 
 covery. The weakness of these outlaws was horses. 
 Desperate oaths bound them; though what is worth 
 liis oath who steals? Orii)S and passwords n>ade 
 them known to each other. The hainits of tins fra- 
 tiTuity were along Koguc; River and tlu; Umi>({ua and 
 Willamette valleys from Califoriiia to Idaho. 
 
 George Fry, living on the Umatilla Kivi-c, was 
 subject to periodical tits of insanity. Wliilc suilering 
 severely from an attack of ty[)hoid pni;umonia he was 
 
 m 
 
C34 OREGON, WASHINGTON, BRITISH COLUaiELV, ALASKA. 
 
 seized with the fancy that his brother-in-law, William 
 Stoughton, a kind-hearted and highly respectabk; 
 man, at whose house Lu was carefully tended, had 
 poisoned him. So strongly possessed of this halluci- 
 nation was he that he insisted upon his removal from 
 Stoughton's house to the residence of Doctor Mar- 
 quan, his physician, who immediately examined him 
 and pronounced him poisoned. "If I am poisoned, 
 Stoughton has done it!" Fry exclaimed, "for he is the 
 only one who has given me medicine." Thereupon 
 Marquan circulated the report throughout the neigh- 
 borhood that Fry had been poisoned by Stoughton. 
 On the night of the 23d of February 18GG fifteen or 
 twenty persons took Stoughton from his house uiitl 
 hanged him upon a tripod formed of three rails taken 
 from a fence near by. Several persons were indicted 
 for the nmrder after it had been proved beyond qu(^8- 
 tion that not a particle of poison had been adminis- 
 tered the insane invalid. 
 
 The two worst thieves and murderers west of tlu; 
 Kooky Mountains were |)erhaps Owhi and Qualchicii, 
 father and s(m, chiefs of the Yakima tribe. For years 
 they had kept the whole country in confusion, and 
 had great iniluenoe over tribes accustomed to revolt. 
 ()i) the 24tliof September 1853 Qualcliicn was guided 
 l)y nil <iieiiiy into the hands of the troo[)s at Spokane, 
 and was speedily run up to the braneli of a tree, he- 
 having ho cowardly as to be disowned by his fatliei', 
 wh(j was als(j a priH(jner. The latter was shot while 
 trying to escape. 
 
 T]ie grand jury of Walla Walla, reporting in Novem- 
 l)er 18G2, regard with evident satisi'action their un- 
 com])leted though oceupic^d jaih "The huihhng stand ^ 
 on the public s(|uare," they say, "in a pleasant j)<»r- 
 tion t»f the city, and lias all the natural advantages of 
 a line (•ireuliding atnios])here. The p)Isoncrs say thev 
 are well led and propeily cared for, and exjiress en- 
 tire satisfaction with their treatuient." Altotifcthcr a 
 
WALLA WALLA. 
 
 635 
 
 pleasant place in which to spend the summer; only 
 the accommodations arc inadequate for the rapidly 
 increasing number of guests. Among its other atl- 
 vantages tiie WaHlntxjton Statesman of the 30th of 
 ]May 18G3 assures felons at large that "prisoners con- 
 iined in this structure have never had any trouble in 
 n^aking their escape from it when they wished to do 
 so." Hence it is not surprising a month later to iind 
 the farms of Coppei and Touchet stripped of their 
 horses, and seven thieves sending them word from 
 Snake River that with three revolvers each they 
 stand ready to defend their nev.ly acquired property. 
 Vigilance associations had been formed in every set- 
 tlement and mining camp of eastern Oregon and 
 Washington and western Idaho and Montana — of all 
 that region affected by the Boise mines — exce[)t Walla 
 Wallo Valley, where thei-e was no organization. As 
 soon as it was noised among the brotherliood, they 
 swarmed like locusts in tliis vicinitv. ]\[edita.tini^ 
 upon which the men of Co[)pei and of Touchet, banded 
 lor }>uri)oses of wiw on ci-jnie, and (lignilying their 
 conijjact by the term vigilance committee, started for 
 Snake liiver. There the owners recovered tlu;ir 
 horses, but the onlv braves of tlu^ twenty-one re- 
 volvers then present wei-e William Ihmtou and Club- 
 foot George, and these niridi; good their e.seapi,'. 
 Afterward Uunton rode boldly iisto Walla Walla, and 
 although the authoiities knew him, and knew him to bo 
 there, they perniitt(xl him to esca[)e, wli(>reat the men 
 of C^oppei and of Touc.'hcst were very indignant, and 
 opene.l a lire, rt'gardless of gtaiuniar, tlirougli the 
 <'olunuis of the St<tt('s)i)(.tn, to whieii the sherilf re[)lied 
 ill current slang no less ivllned. 
 
 When Fort Walla Walhi was the centre of a savage 
 wilderness all was ordeily, and as a I'ule ])eaeel'iil and 
 safe. When near the fort th<' homes of settlers i)ei>a;i 
 to cluster, and the adlacenl vallevs were dotted with the 
 white man's cabin, tlie ailvantage of bloody « neounter.^ 
 amony: human beings was not recoLinizeil. liut when 
 
 o o n 
 
636 OREGON, WASHINGTON, BRITISH COLUMBIA, ALASKA. 
 
 the mines of Idaho and Montana opened a route to 
 that region by way of the Pacific Ocean and up 
 Coknnbia River to Wallula, and Fort Walla Walla 
 became a point of departure for Boise and Lewiston, 
 and an entrepot for miners' supplies, the gold-god then 
 assumed his sovereignty, and with attendant fiery 
 drink and deadly weapons wrought hate and bloody 
 prrdemonium. Patrol and vigilance organizations 
 followed as a matter of course. How should a gov- 
 ernment capable of holding in check three or five 
 thousand drinking, blaspheming adventurers of un- 
 harnovssed tempers rise in the forests or drop upon the 
 plain ! 
 
 During the first half of 18G5 the city and valley 
 were more than usually infested by thieves and 
 vagabonds. The jail was well nigh useless as a place 
 of incarceration, and tlio lavv' was utterly inaduijuato 
 to protect life and property. The people were divided 
 as to the right or necessity of tlie vigilance organiza- 
 tion then existing. Upon the affidavit in A[)ril of 
 one Dutch Lewie, who affirmed that ho had been 
 taken from his bed by vigilants and partially hanged 
 in order to make him tell what he di«l not knov.', and 
 confess to what lie had not done, five persons wei-e ar- 
 rested, ibur of whom v/cre immediately discharged and 
 the other held to answer the charge of assault witli 
 intent to do bodily injury. Again about the same 
 time a half-drunken, boastful v'gilant was seized by 
 tlie opposing party, calling themselves law and order, 
 perlia[)s in irony, taken to a room, and, a handker- 
 chief tied round his neck, clioked in the endeavor t<> 
 extort the names of the members of the Vigilance 
 Conunittee. 
 
 ])uring the winter of I8G4-0 the residents along 
 the Walla Walla River came together as one man, 
 and organized a vigilance associatit)n, so that they 
 miglit rid theniselves of tliose that preyed upon them. 
 Among other regulations the mniestic red inpn was 
 ordered not to loaf in that vicinity. To hib kennel, 
 
\VIIOLESALE HANGING. 
 
 037 
 
 the reservation, he was directed to ^o by tliis latter- 
 day liberty despot, and there t> eat the crumbs of civ- 
 ilization and dream of the time when he too ordeied 
 stragglers off his parks and hunting-grounds. This 
 committee began by requiring all bad characters to 
 leave. Those that disobeyed they hunted to the death. 
 One Goudron was re(iuired to depart. Charles Fancy, 
 a half-breed, was caught, and the question being put if 
 he should be hanged, a majority of three voted in his 
 favor. He was not long in quitting those paits when 
 freed. A horse-thief was followed into the Blue ^loun- 
 tains, near the source of the Umatilla River, in April 
 18G5, where he was captured and hanged. 
 
 The actions of the Walla Walla Connnittee about 
 this time speak for themselves. Sunday morning, 
 the IGth of April 18(55, a cattle-thief, McKensie, was 
 found just below the town, near the race-track, hang- 
 ing to a tree. On ^tonday, the 1 7th, Isaac Reed and 
 William Wills were found hanged at the Walla Walla 
 River. These men were cau<>:ht and tried bv the com- 
 mittcc at Wallula for stealing horses. They confessed 
 to several thefts; to having horses tiien secreted on thi; 
 Columbia River above Wallula, and to having killed 
 one of their own number in a quarrel at their I'cn- 
 dezvous. Next day, Tuesday, a negro called Slim 
 Jim was found hanging to a tree about three (juarteis 
 of a mile east of the town. He had stolen a horse, 
 killed a colored man in the Boise Basin, fuiiiished 
 two criminals implements to break jail, and served a 
 term in the Oregon penitentiary: enough to detei-- 
 mine the fate of the black man just then, though at 
 another time he mii^ht liave lived on and have doubled 
 iiis catalogue of evil deeds. The Portland Orcr/oiiiau 
 of the 2 1st of April comes out in an editorial, begin- 
 nini; " Fifteen men hanijed at Walla Walla." Di-on- 
 ping rapidly in the number of executions it finally 
 •isserts that its informant knows of six I Such is 
 the reliability of report, and this within so short a 
 distance. 
 
 ill 
 
 m. 
 
688 OREGON, WASHINGTON, BRITISH COLUMDIA, ALASKA. 
 
 The following appeared in the Walla Walla States- 
 man of June 15, 18GG: 
 
 •'VIi;iLAXCE COMMITTEE NOTICE. 
 
 "Walla Walla City, June 0, 180(1. 
 "Editor Statesman: 
 
 "Will you {{ive notice through the medium of your paper that the Vigil- 
 ance Committee has l)cen organized over a year, and during that time has 
 not Ikjcii entirely idle ; but whether it has accomplished any gtXMl or not, tho 
 public are the judges. And the committee further give notice that tluy 
 have made some amendments to their former ])lan of organization, whicit 
 enables them to act more expeditiously, and with greater certainty in ferret- 
 ing out the jicrpetrators of crime ; and the committee stand ready to n^di'css 
 all crimes, and execute summary justice lietween the perpetrators of crinu', 
 no matter of what grade, and the interest of all goo.l, well disposed, and law- 
 abiding persons; and we make no distinction l>etw<!cn oilicer and private, 
 rich or ]>oor, or %'igilant and anti-vigilant. All arc bubjccts for our action 
 in the way c>f crime, and will receive c(jual justice at our hand. 
 
 " By order of the 
 
 "VUilLVNCE COMMITTEK." 
 
 At Clearwater bridge in October 1871 one Jack 
 Moran was liani(cd by the people for enlarging some- 
 body's mouth and cutting off his cars. 
 
 What business New Dungencss, a little landinjj^- 
 place on the Washington side of Juan de Fuca Strait, 
 has to talk about vigilance committees is beyond 
 ordinary comprehension. With a good territorial 
 government, a staid popi'ation, and no great influx 
 of unruly strangers, it would seem that a handful «if 
 fishermen and traffickers might exist without resort 
 to hempen justice. And yet I find recorded that i)ii 
 the 13th of June 18G4 two men, Gould and Tucker, 
 deserters from one of her majesty's ships at Victoria, 
 and who had been the terror of the country for soiiu! 
 time previous, were shot by those calling themselves 
 a vigilance committee. 
 
 Further than this, a regularly organized vigilance 
 committee, with its officers, sub-committees, No. 54 
 secretary, hanging-master, and all the appointments 
 for efficient work, was formed, expatriating and exo- 
 
AN EVIL ASSOCIATION. 
 
 G30 
 
 cuting ad nauseam. Hero is one of tlicir ordoi's to 
 luavo : 
 
 "New Dunoesess, July 10, 1804. 
 "To JosKPn CuFFonD: 
 
 " Bo it known to you tliat tho Vigilance Committee of tliis place have 
 arrived at the conclusion that you or your scrviccH are not wanted in this 
 country any longer tlian this next week, for tho reason of the tiireats made 
 by you ; and if you are found in this country after tho KStli day uf the present 
 month you may exixjct what your fate will be. 
 
 " By order of the Comniittec, No. 54, Sicretar;/." 
 
 Tuokor, above mentioned, had received sueli a no- 
 tice, to which he j'aid no attention, and death t'ollowecl 
 disobedience. 
 
 Two otliers received notice to depart al)ont tlie Gth 
 of May 18G4. Say.s the Victoria C/uvnldc: 
 
 "Tlicy wore ordered to leave tho country for (as they say) Iwing repultli- 
 cans, and the Vigilance Committee, being comiiosed of deniocmtic copj)erlica<ls, 
 wished to get rid of their votes and opiK>sition at the electinn, the leader of 
 the vigilants being a candidate on the copperhejid ticket. Tlie sentence was 
 death should they return to that country. On Friday last our inforiiiiints Mere 
 on their way to Port Townsend from Victoria to atten<l court, when the 
 canoe in which tliey were was blown ashore on Diamond Point, above Dimgc- 
 ness. Tlioy put up at a settler's house on the beach, aud in the niidille of tho 
 night were awakened by nine vigilants, all of whom were armed with guu-< 
 and revolvers. They pinioned the two men and took them back to Duugeness 
 ill a plunger. On Monday the Vigilance Committee, to the number of forty 
 or fifty, gathered togetlier and tried the prisoners, who told them iliat tliey 
 were on their way to Port Townseud to see tlie vigilants when driven ashore 
 by tho wind. The eonmiittoc talked f)f hanging the men up forthwith, but 
 the members were divided in opinion on tlie matter, the parties w ho opposed 
 the hanging denying that the prisoners had ever committed a crime which 
 would justify their executicm. The men l)egge<l and jirayed for life, and 
 finally, on the promise that tlicy would never return to Washington TeiTitf)ry, 
 nor enter any suit against their prosecutors, they were liberated. Tliey were 
 allowed three days to sell their farms, which was ellectcd nt a ruinous price, 
 anil they left, arriving here yesterday. The Vigilance Committee have sworn 
 to drive out or hang several other settlers, who at present are absent from tho 
 country, on their return. " 
 
 Chfford and George Lawrence, who were favored 
 with hke notice to leave, were said to have been 
 men of f^ood character and long residence in Wash- 
 ington Territory. If we may believe C. M. Brad- 
 
 '■mm I 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 1.25 
 
 £ IS 112.0 
 
 I I I 1.8 
 1.4 11.6 
 
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 7 
 
 
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 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. \ V'iSC 
 
 (716) 872-4503 
 
V /§'■> ^ ////I 
 
 fe 
 ^ 
 
C40 OREGON, WASHINGTON, BRITISH COLUJIBIA, ALASKA. 
 
 shaw, writing from Now Dungcness to the Olympia 
 Standard the 1 1th of July 18G4, though the organiza- 
 tion was wide-spread, extending into the adjoining 
 counties, it was a bastard association, and in no wise 
 entitled to the name of vifjdanco, "Do not be de- 
 ceivcd into the error that this mob is the people of 
 this comnmnity," he says. "When it was gotten up no 
 notice was given, no invitation to the public was held 
 out to come in, but it was organized ])rivately, only 
 certain ones that they were sure wei'e bad enougli 
 to do any act, however unlaM^ful or bad, being in- 
 vited to join; and up to this time they have no 
 members but democrats and copperheads, and every 
 man they have assailed thus far has been for the past 
 two years a member of the union party." Mr Brad- 
 shaw was in error regarding its being a political 
 organization with no union men in it. There were 
 good men of both parties members of this associati(V.i, 
 but their mode of execution was simply cowardly 
 murder, being to lie in ambush and shoot those whom 
 in secret they had found guilty. 
 
 A bad element hunij: around Port Ludlow during" 
 the summer of 1865, and the people determined to bo 
 rid of it. The 14tli of August two villains in open 
 day knocked a man senseless and robbed him of 
 sixty dollars, and then fled to the woods. Two friends 
 of the robbers seeking to shield them were seized, 
 whipped, and driven away by the people. Search was 
 made for the robbers by the sherilf, who apprehended 
 them and brought them before the justice of the 
 peace. The citizens fearing escape, took them from the 
 authorities and tied them to a fiag-staft', where they 
 confessed their crime and returned a portion of the 
 money; then giving them a dozen lashes each, they 
 ])laced them in a skiff and set them adrift, with a 
 warning never to return. 
 
 In July 18GG the body of an Irishman who had 
 been hanged by a mob was found under a tree ncai- 
 the Walla Walla River. 
 
LAND-JUMPERS. 
 
 n41 
 
 ' A.ndrew Inkstor, or, as he was generally callecl, 
 Charles Adams, according to his own statement was 
 the first discoverer of gold on Fraser River. In 
 18.58 Inkstor, then living near the mouth of Fraser 
 Iliver, was called upon, rifle in hand, by Charles 
 McDonald to pay a debt due one McCaw of Steila- 
 coom. 
 
 " I shall not pay it," said Inkstor. 
 
 "If you don't I'll shoot you," McDonald replied, 
 raising his rifle. 
 
 "Shoot and be damned!" returned Inkstor, reaching 
 for his revolver. 
 
 And McDonald did shoot, sending a bullet straight 
 throng] I Inkstcr's heart. Pursued by government 
 officers, the murderer fled across the line and reached 
 the American side in safety. Soon after he apjieared 
 at Steilacoom, where he figured as a desperate cliar- 
 acter for several years. Becoming virtuous, or de- 
 sirous of monopolizing murder, in 18GI he gathered 
 a mob, which he dignified by the name of vigilance 
 committee, and drove Charles Wren, accused of crime, 
 from his land near Steilacoom and took possession of 
 it himself Much trouble was then experienced by own- 
 ers of land, caused by 'jumpers,' as they were called, 
 seeking forcible possession. Thus matters proceeded 
 when in January 1870 McDonald, growing bolder, 
 leagued with certain bad men, ]3ergli, Gibson, and 
 others, to jump some of the best farming land near 
 Steilacoom. The people saw that the time for action 
 liad come, that they must prepare themselves to l)ow 
 l)ofore villainy or oppose it. So bold had tlie claim- 
 jumpers become that they openly avowed their pur- 
 ])ose to resort to violence and nuirder if necessary to 
 the accomplishment of their purpose, and on several 
 occasions settlers had been shot at from thickets, and 
 imtices embelhshed with a death's-head and colHn 
 wore found in the post-office directed to citizens in 
 various parts, threatening them with assassination if 
 they refused to vacate their land. Forty of the set- 
 
 Pop. TiUD . Vol. I. 41 
 
642 OREGOX, WASHINGTON, BRITISH COLUMBIA, ALASKA. 
 
 tiers now banded, armed, and started in pursuit of the 
 claim-jiiinpers. McDonald and Gibson hearing of it, 
 started for Wren's claim to join Berg. The mob con- 
 sisted largely of the old servants of the HudsonV; Bay 
 Company, French trappers, and half-breed fur-hunter!,, 
 who had their own way of doing things, which, if bor- 
 dering on brutal savagery, was honest and direct. 
 
 Justice, hunted and vengeful, had sought the thick- 
 ets and there issued her verdicts in the shape of bul- 
 lets, which whizzed past the ears of those marked for 
 punishment. Seeing the desperadoes coming, the set- 
 tlers hid, and as they approached fired upon them. 
 Gibson fell, pierced with two l)alls. McDonald, slightly 
 wounded, leaped into the thicket and started for Steil- 
 acoom, about five miles distant. Gibson was placed 
 in a wagon and conveyed to town, where the settlers 
 found McDonald, with his wound dressed, ready to 
 fight. Some of the assailing party advised him to 
 disarm, which he did; but meanwhile the crowd had 
 consulted and determined to kill him. When jNIcDon- 
 ald heard of it, he asked for time to arm; they told 
 him to do so, but as he turned to take up his gun, 
 the word was given to fire, and bang! bang! followed 
 in quick succession. The wretch ran shrieking into 
 a billiard saloon, but soon he was fatally struck. 
 Gibson, reviving, seized a revolver and discharged tv.o 
 shots at the enemy, when ho was riddled with bullet ^. 
 These people delighted in hunting; hanging was not 
 their forte. 
 
 During the autunm of 1870 incendiarism was fie- 
 quent at Olympia, when the Tribune suggested tlio 
 organization of a vigilance conunittee "to hang the 
 first man or men caught setting fire to proi)erty in 
 Olympia." The Standard opposed the measure. 
 
 Considerable excitement prevailed about this time 
 in regard to land-jumping, particularly in the southern 
 part of the territory and along the line of the ] no- 
 posed railroad, where land had suddenly assumed 
 fictitious value. 
 
AFFAIRS AT SEATTLE. 
 
 643 
 
 At Port Gamble in May 1871 robberies round the 
 mill camp becoming frequent, some Chinamen were 
 suspected. Complaint was made and several arrested, 
 but all denied the theft. This did not satisfy their 
 accusers, whom the sheriff finally told to do with the 
 Celestials as they pleased. It seems they pleased to 
 hang two of them to a derrick until they were nearly 
 dead, when unable to obtain a confession they drove 
 them from those parts. 
 
 Mitchell, a half-breed, for killing an Indian at 
 Tacoma the 17tli of April 1873, was hanged by tlu; 
 people. Ten days later at the same place a native 
 called Jim Shell killed Louis Moroe, a Canadian. 
 The murderer was arrested, but was taken from the 
 sheriff by the people and hanged. 
 
 Since the days of the California Inferno there has 
 been no more prompt or thorough display of popular 
 justice than that which occurred among the staid 
 citizens of Seattle so late as the I7tli of January 
 1882. The occasion of this display was the killing of 
 (jreorge D. Reynolds, an estimable young man, by two 
 footpads, James Sullivan and William Howard. In- 
 stead of throwing up his hands as ordered, he at- 
 tempted to reach for his revolver, whereupon iie was 
 shot, and died in two hours. The people of Seattle 
 were very angry; within two hours after the murder a 
 committee of safety was organized and officered, and 
 after two hours more the villains were arrested and 
 delivered to the authorities. Brought into court the 
 next morning, at the end of an examination wherein 
 they had been remanded to the custody of the sheriff 
 for trial, the inmates of the court-room rose in a body, 
 and while some seized and held tlie sheriff, judge, and 
 other officials present, others hurried the prisoners to 
 their death. Lying in jail at this time was one Payne, 
 convicted of the murder of Officer Sears, whom like- 
 wise the citizens hanged. A coroner's jury found in 
 each ease that the deceased "came to his death by 
 hanging, but from the evidence furnished wc are un- 
 
 ■ 
 
CM OREGOX, WASIIIT7GT0X, BRITISH COLUMBIA, ALASKA. 
 
 able to find by whose hands. Wc arc satisfied that 
 in his death substantial and speedy justice has been 
 subserved." ' 
 
 Tlie Northwest Coast liad its lialcyon days, when 
 the fur companies found it to their interest to treat 
 the red man kindly. Theft was then almost unknown. 
 In their traffic with the natives, store-kce[>ers were 
 accustomed to give them credit; and it was found 
 that when the savage was properly treated and trusted 
 he was as honest as tlie civilized man. Justice Beg- 
 bie, returning fron. a circuit along Frascr River, re- 
 ports to government in April 1859 that there was on 
 all sides a submission to authority, ii recognition of tlu; 
 right, whicli he had not expected among so mixed a 
 poj)ulation, with so large a predominance of the Cali- 
 fornian element. There were few complaints of any 
 kind, and none of violent crimes; and this where law- 
 was little known and justice seldom sat in sedate 
 robes. Britisli Columbia, for the most part, has en- 
 joyed from its earliest occupation a good government, 
 much better than usually fell to tlie lot of the border 
 communities of the United States. 
 
 In the summer of 1842 Sir George Simpson, then 
 at the head of the Hudson's Bay Company in Amei- 
 ica, came from Red River to Vancouver, whence Ik; 
 proceeded to Fort Wrangel, on the Stikeen, near 
 Alaska, to investigate the murder of John McLough- 
 lin junior, son of the chief factor west of the Roclcy 
 Mountains. The deed took place in April of that 
 year. Simpson arrived at the conclusion that the 
 nuu'derers, servants of the company, had been excidd 
 by McLoughlin's cruel and overbearing conduct. ^J'h( y 
 had nerved themselves by stolen whiskey on tlie niglil 
 of the murder. Every person in the establishnuM.t 
 appears to have been mutually bound to kill liim, so 
 that no disinterested testimony could be obtained cx- 
 cept to show justifiable homicide of a drunken, quai- 
 rels(>me, and cruel man. But this was not satisfactoi \ , 
 
AMONG THE FURTKADERS. 
 
 045 
 
 aiul James Douglas was thereupon sent to sean-li 
 deeper into the matter. One man testiiied that every 
 eni])loye liad signed a writing agreeing to murder 
 ]\teLoughhn, who seemed aware of Ids end, and who 
 luid affirmed to Ins wife that lie would die like a man. 
 jNIeLougldin fired first; his shot was returned, and 
 after a respite the hullets of the mutineers stretched 
 him low. MeLoughlin's servant seems to have ke|>t 
 him informed of the plot, and was eonstantly on the 
 wateh for the attaek, though the man coid'essed he 
 would not defend his master. MeLoughlin had flogged 
 the men, kept them from going with other men, and 
 was suspeeted of intrigue with a traj)[)er's wife. 
 
 Tlie officers and men of the Hudson's ])ay (V)m- 
 ))any wei'e bound hy strict agreement to subserve the 
 interests of the company; they could accpiire no ])er- 
 sonal or real estate outside tiieir pay, and were subject 
 to such punishment for neglect as tlie officer in charge 
 might impose, having no a[)peal. 
 
 By 1845 tlie English government had extended tin; 
 civil laws and jurisdiction of Canada over the North- 
 west Coast, and had commissioned .lames iJougliis, 
 Angus j\IcJ)onald, and Mr Work as justices of i\\v. 
 peace in civil cases involving not over two hunth'cd 
 pounds. In criminal cases, if the magistrate found 
 sufficient cause, he might send the accused to Canada. 
 In all minor matters the Hudson's Bay Company's 
 v.ill was absolute. Their men were bound to obt-y 
 officers like soldiers. Flogging was a connnon ])nn- 
 ishment inflicted by all, from governor down to petty 
 clerk. 
 
 An Indian shot Mr Black, the chief trader at Fort 
 Kandoops, in i-evenge for some injury. The fort was 
 <l(jse(l against the tribe, and no trade allt)wed till the 
 murderer was given up and hanged. 
 
 Mr McKay had been killed by a native at fhe 
 mouth of the Columbia River in a druidcen brawl. 
 An expedition set out to punish the tribe unless the 
 murderer was surrendered. He was given up and 
 
 i;. {mi 
 
 
 tm 
 
 m 
 
C4G OREGON, WASHINGTON, BRITISH COLUMBIA, ALASKA. 
 
 liangecl after jury trial. All the white men present 
 hoisted him up on the gallows, strangling him, which 
 proceeding filled the natives with horror. 
 
 In another case of the murder of a servant of th(! 
 company hy a princij)al chief, Mr Douglas went alone 
 to the lodge of the chief and shot him dead. The 
 white men were few, and none had dared to gain tlic 
 reward offered by Douglas. These cases show tiu' 
 absolute sway of the fur companies over the natives. 
 
 In August 184G a man jumjied the claim of a 
 Hudson's Bay Company's servant near Vancouver. 
 Douglas, who was justice of the peace and county 
 judge, gave the sheriff a warrant of arrest, and the 
 man was put in irons. An American advised him to 
 decide the case against his own people, or the man 
 would bring suit for false imprisonment. The man 
 accordingly appears to have received some compeuf^a- 
 tion and to have been released. 
 
 The gold excitemtmt had attracted from California 
 a most reckless set of men, whose names liad been 
 duly recorded by the Vigilance Comuiittee of Sun 
 Francisco. The police had only been established at 
 Victoria since July 1858, and consisted of some dozen 
 untrained men, while no troops existed nearer than 
 Esquimalt. A riot had caused a call to be made foi- 
 troops to Victoria, which, however, were required 
 merely to arrest a drunken miner. 
 
 By the Gold Fields Act of 1859 the acUng gov- 
 ernor of British Columbia was authori.xxl to make 
 laws for the regulating of mining districts. Actual 
 settlers on agricultural lands were placed in fee-simple, 
 under certain conditions, of one hundred and sixty 
 acres of land. Besides magistrates for the respective 
 districts a gold commissioner was appointed to Low 
 after the mines. 
 
 One day a blustering Yankee came to the goveriK r 
 and asked permission for a number of Americans t ; 
 settle on some land. His request was granted en 
 condition that they would take an oath of allegianeu. 
 
UBIQUITOUS NED. 
 
 647 
 
 "Well," said the Yankee, "but suppose we came 
 there and squatted?" 
 
 " You would bo turned off." 
 
 " But if several hundred rnme prepared to resist?" 
 
 "We should cut them to niince-nicat, sir!" 
 
 This same governor, Douf^las, while in charge of a 
 trading-])ost, was one day informed by his officer tliat 
 insubordinate natives were forcing their way into the 
 fort, and the officer asked if he should man the bas- 
 tion. Douglas coolly replied: "Give them a little 
 bread and treacle." And indeed this was effective. 
 
 It was the province of California to bless and to 
 curse. She has made many rich and has dropped 
 happiness into many a distant home; she has wrung 
 the very souls of those who courted her, and scattered 
 liealth and hope to the wind. In like manner slie has 
 done her neighbors good and ill; good in assisting 
 them to develop their resources and in giving them 
 the benefit of experience, and ill in sending them the 
 refuse of her population, cursing them with the very 
 element which cursed her iir.st attempts at nationality. 
 
 There was Ned Mcfiiowan, judge, gambler, and 
 shoulder-striker of San Francisco, and refugee of vigil- 
 ance, who, liaving done as nmch wickedness as Cal- 
 ifornia was willing should go unrewarded, went to 
 British Columbia, where we find him in the winter of 
 1858-9 still stirring disturbance amonjjr men at Hill 
 Bar, two miles from Yale. There he ])lanted himself 
 upon a mining claim and gathered round him a crowd 
 of* reckless imitators, so that in January the govern- 
 ment was obliged to send troops to restore order. At 
 Hill Bar one of the most intelligent of tlie miners 
 was made resident magistrate; at Yale were two, one 
 of whom being a rascal was dismissed, while the other, 
 though honest, was unfit for the position. The three 
 judges were at constant variance. Each laying claim 
 to a certain case, the Hill Bar man swore in special 
 constables, and removed the prisoner by force to his 
 jurisdiction. Of these special officers McGowan was 
 
 m 
 
 -til] 
 
 '■Pi 
 
 
C48 OREGON, WASIIINGTOX, BRITISH COLUMBIA, ALASKA. 
 
 ono. Being indiscreet in the use of his authority, to 
 put the matter mildly, it was thoui^ht necessary 
 to chastise him; but so gentlemanly and entertain- 
 ing was he at the appnjach of punishment that he 
 was only fined, when a severer sentence might have 
 more evenly balanced his irregularities. Ned was 
 by this time at home anywhere in the environs of 
 justice. 
 
 The only two men who up to 18G-3 had attempted 
 highway robbcTy in British Columbia failed to escajjc. 
 " The extraordinary rarity of crimes of violence," say 
 Milton and Cheadle, *'is owing, we believe, in great 
 measure to the vigorous administration of the late 
 governor, Sir James Douglas, and the stern justice 
 meted out by Mr Justice Begbie, but also in part, no 
 doubt, to the nature of the country." Shut in by 
 almost impassable mountain barriers, there was small 
 chance for criminals to escape. 
 
 Tiie llaidahs encamped near Victoria had been very 
 troublesome for some time, and at last iired on a 
 schooner. The chief of police sent a body of men to 
 demand the surrender of the cul[)rits and of all their 
 arms. This was refused, and the governor sent 
 marines to surround them, which had the desired 
 effect. The offenders were brought to Victoria and 
 publicly flogged — a great disgrace in their eyes — and 
 all arms secured till the tribe should depart. A mis- 
 understanding a few days after caused the arrest of 
 two chiefs. Captain John and his brother. On leacli- 
 ing the police station the chiefs drew their knives on 
 the officers, and were immediately shot. 
 
 At Metlacatlah mission, just south of Alaska, the 
 magistrate had organized a native police, who are said 
 to have been well disciplined and effective. There was 
 a small calaboose of logs wherein the disorderly were 
 confined. 
 
 In May 1864 the Chilicoten tribe near Bute Inlet 
 robbed and nmrdered fourteen out of seventeen men 
 who were building a road there. Shortly after a 
 
GAME PRESERVE AND GOLD HELDS. 
 
 649 
 
 trading; party iiu't the same fate. The govcrninent 
 pursued and hanged several. 
 
 The exeoutieii of a native called Harry f<»r the 
 slayinu^, wliile intoxicated, of a niend)er of a neigji- 
 horinijf trihe out of revenge for some ancient wrong 
 was denounced as a legal murder, opinion hcing that 
 he who sold the li(j[Uor should have suffered in the 
 Indian's stead. There was comparatively little high- 
 way jobbery in British Columbia. The cause is ob- 
 vious; first there was less upon the highway to steal, 
 and second, as we have seen, there was less chance of 
 escape. There were some robberies nnuid Cariboo, 
 however; one, tliat of a IJanish packer named George 
 Gibson in 18GG while on his way across JJald ^toun- 
 tain from Cedar Creek. He was shot in the head, his 
 twenty -five pack animals were scattered, and a large 
 amount of gold-dust which he carried was taken. 
 
 Before the tcgis of government overs])read Wild 
 Horse Creek and the neijifhborinij o'old-fields situated 
 in British Columbia near the llocky Mountains, just 
 north of the United States boundary, life and property 
 began to be so insecure that the miners found it neces- 
 sary to band and make laws for mutual prot* ction. 
 Wherever gohl is there is discord. Aijricultural and 
 pastoral societies can live harmoniously without laws 
 for years; but once discover rich gold-diggings and 
 the vultures of avarice fly in from afar and wrangle 
 over the prey. 
 
 In this wild district there arrived one day in 18G4 
 a collector of revenue. With him as assistant ho 
 had but one constable, and there were there fifteen 
 hundred miners, who had come in from the adjoining 
 territories, many of whom were known to be regard- 
 less of order. The officer found no difficulty however 
 in executing his connnission. Those who had as- 
 sumed authority gladly resigned to him; and in six 
 weeks after his arrival a code of laws, meeting the 
 more salient exigencies of their condition, was in force 
 and all dues paid. 
 
 
 
Cno OREfiON, WARIIIXr.TON, BRITISH COLUMHIA, ALASKA. 
 
 Ah ill all tlio pcltry-proclufiiiij parts of the North- 
 west Coast, Alaska uj) to tho tiiiio it come into the 
 poHscssion of the United States was j,'ovi!rne(l hy 
 officei's of the colonization and fur ('oni])anies, whose 
 ipse dixit, except in certain cases of the higher order, 
 was law. Indeed the country was not then oi)en to 
 emigration and settlement, so that there was little «»p- 
 ))ortunity for the display of free thought or action hy 
 the servants of politico-conmicrcial monopolies. The 
 natives were treated with the utmost severity by the 
 Russians; they were made to work like slaves, and if 
 disobedient or refractory were whipped or shot at 
 pleasure. 
 
 In June 1802, in revenge for killing certain of their 
 countrymen by the Aleuts in a quarrel, the Koloshes 
 rose and took the fort at Sitka. In due time they were 
 overcome and again placed under subjection to their 
 former masters. Hundreds of such instances appear in 
 the history of the pacification of the coast, and the only 
 justice administered in the settlement of difficulties is 
 that of tlie stronger arm and more powerful will. Retal- 
 iation was the law of the Europeans; humble subjection 
 the necessity of the conquered. And for a small offence 
 there must be great punishment. A hundred Koniagas 
 for the life of a Russian sailor was deemed about fair; 
 though if the Koniagas happened to be good seal- 
 catchers justice would be sat. fied with a nmch less 
 number, or even perhaps with the lives of the women 
 and children of the offending tribe. 
 
 A few incidents will tend to illustrate the quality 
 of early justice administered in these parts. At An- 
 dreaffski in 18G6, a deserted fort, there was once a 
 Ekogmut village, some of whose people worked at the 
 fort. One day when but two Russians were left in 
 charge of the fort, and these were coming naked from 
 a bath, the natives attacked and slew them. The; 
 Russians of Saint Michaels being informed of tl'c 
 tragedy, sent over a small force, who slaughtered 
 every one in the village ; since which time the natives 
 
RUSSIAN JUSTICE. 
 
 681 
 
 of tlio lower Yukon liave never dared to lift hand 
 against their merciless masters. 
 
 For tlie killinj^ ofone of their numl)er,or otlier in jury, 
 the natives of Alaska requii'e*! paynient in money or 
 merchandise, and the jjfovernment usually I'licotjrnized 
 tlieir custom. In January 1 HOO three natives, a Cliilkat, 
 a Kake, and a Sitkan, were in some way killed at Sitka. 
 ()l)tainin<if no satisfaction, either pecuniary or other- 
 wise, the Kakes killed two whites in retaliation. War 
 foll(>wed, in which the Kakes of that vicinity were well 
 nigh (sxterminattid and their villag(.> burned. So much 
 ior the Kakes. Five months later the Chilkats hoarded 
 a vessel and demanded money or life. A guarantee 
 for tlie payn)ent of money was given, and ou the 
 I'cfusal of the conunander at Sitka to recogni/e 
 the claim the Indian agent j)aid the amount and so 
 secured peace. At this time there were more '» nking- 
 saloons than private dwellings in Sitl;a. A couit- 
 njartial wo- h Id at Sitka tlu) 1st of Ayiril IHC!) lor 
 the trial (»f James Parker for killing a native v. iio liad 
 done - )me damage in a store in which the homicide 
 was clerk. The verdict was that the act was not 
 justifiable. Several soldiers were drummed out of 
 service in November 18G1) for robbiny: a Greek church 
 at Sitka. 
 
 Eight murders within the three years ending Octo- 
 ber 1870 seemed a large number to slow and si)arsely 
 settled Sitka. The same amount of slaughter in 
 JMontana within a month would hardly have suHiced 
 for gossip while it was being done. The Alaskans, 
 however, did not like it that each nuirderer of 
 eight, save one who was then in the military guard- 
 house awaiting trial, should walk away unf)unislied. 
 The savages did l)ctter justice than that. "We have 
 seen women and children," writes one concerning mili- 
 tary rule in 1870, "knocked down in the street by an 
 army officer and United States postal agent; we have 
 seen these two officers on the same day knock down 
 poor inofFcnsivc Russians, and the arii'V officer hand 
 
052 OREGON, WASHINGTOX, BRITISH COLUMBIA, ALASKA. 
 
 the postal agoiit a pistol to kill an American. Wo 
 have known army officers to force their way into 
 private Russian houses and attempt to take liberties 
 with the women inmates that in any other country 
 but Alaska would have cost them their lives. Wo 
 have seen two companies of soldiers stationed ri^^ht 
 in the city, many of whom were not fit to run at 
 large or live outside the walls of a state-prison, and 
 who forced themselves into Russian houses as thougii 
 it was a part of their duty; and what has been the 
 result of all this? Simply that all the refined and re- 
 spectable ]X)rtion of the Russian poi)ulation have left 
 our territory heartily sick of and thoroughly disgusted 
 with the very name of an American. And who can 
 blame then) ? Who Avill not blush when he i-eads that 
 out of a Russian population of live or six hundred 
 in Sitka there are not over three young girls of the 
 age of thirteen years wlu) are not j)rostitutes ? And 
 in making this assertion we challenge contradiction. 
 The soldiers, stationed in the heart of ,^ the city, 
 Vvtiit around spreading contamination, disease, and a 
 state of ilemoralization only surpassed by that which 
 existed at the time Sodom and Gomorrah were de- 
 stroyed by an avenging God. We regret to say a few 
 of the army officers also acted more like blackguards 
 than officers. 
 
 In February 1870, at the club-house in Sitka, a 
 quarrel arose between Lieutenant-colonel Dennisou 
 and a discharged soldier named William Bird, who 
 demanded five dollars for })laying the banjo at a party 
 given by Dennison. Finally Demiison gave Bird tlic 
 money, which was employed in the purchase of fiery 
 liquid to feed the musician's already inllamed temper. 
 Bii'd then fell into a humor for slau'diter; so making'- 
 ready his pistol, he informed Dennison of the bent of 
 his desire, when that officer gallantly slapped the 
 sol(lic!r in the face and directed him to a less hypei- 
 borean climate than that of Alaska. Bird's rej)]y 
 was a bullet aimed at Dennison, but which took effect 
 
S.VILOR AXD SAVAGE. 
 
 CSS 
 
 in the body of Lieutenant L. C. Gowan, standing 
 near, killing him instantly. Bird was arrested, but 
 while the constable was taking him to the guard- 
 house the crowd seized him and undertook to hang 
 him. It was a poor mob, a disgrace to the lynching 
 profession. What did this refuse of battalions anti 
 whaling-vessels know of artistic hanging? First they 
 threw a rope over the culprit and attempted to drag 
 him through the streets. Then, as if fearful they 
 might do something rash, they unloosed him, and 
 taking him to a place proposed for execution, they 
 fumbled a rope, as if with boneless fingers, until the 
 mayor appearing alone and unarmed took the mur- 
 derer by the collar and led him away, unmolested by 
 the nerveless rabble. 
 
 At a Sitka bar-room in June 1872 a soldier broke 
 some eggs in the basket of a Kolosh, who was offering 
 them for sale. Words followed; the savage slapped 
 the soldier, and the soldier kicked the savage. Khan- 
 ahkich, brother of the egg-seller, took up the quarrel, 
 and at the head of a party opened hostilities, and 
 fired several shots. IVIajor Allen, commanding, threat- 
 ened the refractory natives with his big guns. The 
 rc[>ly was, "Shoot, we are I'cady for youl" Uproar 
 followed. To the clamor of the soldiers for permission 
 to retaliate were added the insults of the Koloshes, 
 who, when they failed to see the big guns belch de- 
 struction on their villaije, cr''xl, "Boston tyhee is a 
 coward!" At length the disturbance was bloodlessly 
 quelled, and great credit is due Major Allen for his 
 humane moderation in the affair. 
 
 w ' 
 
 ■M 
 
 I'" I 
 
 1^ f- I 
 
 
CHAPTER XXXIV. 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 Quel ponvoir inconnu gouveme les humains; 
 Que <Ig faibles ressorts sont d'illustros dcstuis! 
 
 Voltaire. 
 
 Little ceremony attended the conviction and execu- 
 tion of horse-thieves in Idaho. To sit upon a stolen 
 horse was dangerous at one time, as the position ap- 
 peared to be evidence sufficieiit to warrant the owner 
 in firing upon the person occupying it. Two horses 
 were stclen from one Henderson, living at Boise, in 
 November 18G3. Starting in pursuit, Henderson ovei- 
 took the horses at Camas Prairie, each having on its 
 back a rider. As soon as he came within range Hen- 
 derson raised his riiie and fired, when one of the men 
 dropped dead. The next shot brought down the other 
 wounded. After all, retributive justice finds nothing 
 so speedy as a leaden bullet. Leaving the two men 
 lying where they fell, Henderson took the horses and 
 returned to Boise, giving information of what he had 
 done at French Rancho, whose people immediately 
 proceeded in quest of the bodies, though they did not 
 find them until after dark. The thief killed was 
 Hitchcock, «//rt,s Johnson; the wounded man was Mike 
 Welch, who after disclaiming any knowledge that the 
 horse had been stolen, died. Henderson's conduct, 
 even if such arbitrary measures were necessary, was 
 that of a desperado. 
 
 Probably the most notorious affair in the criminal 
 annals of Idaho was the murder of one Lloyd Ma- 
 grader of Lewiston, Idaho, and the capture, trial, and 
 
 (6M) 
 
THE MAGRUDER CASE. 
 
 665 
 
 execution of the assassins. It was one of the few cases 
 in which the people rallied to the support of the law, 
 bolstering the fledgling by their presence and in- 
 timidating it into the performance of its duty; so tliat 
 after all it was an arrest and execution by the people, 
 but done under covert of the law. Left to oflicer-s 
 of the law, there would have been no arrest; left to 
 the court alone, there would have been no convic- 
 tion. The people of Idaho in this case seemed de- 
 termined that the law, if possible, should fulfil its 
 functions, and in so doing are entitled to praise. They 
 were but just now under law; and like the boy with a 
 wooden donkey harnessed to his wagon, he could pull 
 the load much better alone, only he was bound the 
 donkey should go. Unfortunately such patience and 
 magnanimity is ordinarily too much for weak human- 
 ity. The law was inadequate for the purpose, and the 
 people soon found that theirs was tlie short and quick 
 
 In this instance the law did well; it did its best. 
 The inchoate condition of territorial affairs and the 
 absence of judicial implements rendered court trials, 
 to say the least, but little better than play at law; 
 and to make matters still more embarrassing, this was 
 the first court trial of any kind, civil or criminal, which 
 had been held in the territory of Idaho. The gov- 
 ernor in November 18G3 had divided the territory 
 into judicial districts, and had assigned judges to each. 
 On the 4th of December the legislature hatl convened, 
 and had prescribed by law territorial districts, reas- 
 signing judges thereto. A special term of court was 
 ordered held at Lewiston the first ^londay in Januaiy 
 1804. Yet the trial of Magruder's murdereis was a 
 model piece of court proceeding, and for the caufics 
 aforesaid. 
 
 The statement of the case is as follows: Lloyd 
 iSIagruder was a popular trader and packer living at 
 Lewiston, Idaho, but doing business also in Mon- 
 tana. In August 18G3 Magruder despatched a large 
 
 9 
 
 'mi 
 
m 
 
 THE POPULAR TRIBUXALS OF IDAHO. 
 
 pack-train with mcrcliandiso from Lcwiston, Idalio, to 
 Virginia City, Montana. Talcing a short cut across 
 the mountains, he selected a favorable spot in the new 
 mines, pitched his tent, and on the arrival of his train 
 opened his stock. By the 1st of October fourteen 
 thousand dollars in gold-dust had taken tlie place in 
 liis affections of the goods and some portion of his 
 pack-mules, and Hushed with success the packer was 
 now I'oady to return to Lewiston. 
 
 Meanwhile it appears that a gang of scoundrels had 
 determined his destruction. Cyrus Skinner prompted 
 the deed, and when, at first, fear was expressed for 
 their own safety, Skinner reassured them by saying 
 " JJead men tell no tales." He himself did not ac- 
 company the expedition. Chief among the villains 
 was ]Jiivid Howard, familiarly called Doc Howai'd, 
 an intelligent and educated man, brav^e beyond (pies- 
 tion, and skilled in the practice of his profession. In 
 all alfairs of the highway he was looked up to by his 
 conn-adc^s as their leader. Christopher Lowry stood 
 next in evil eminence, being as ready, as lie expressed 
 it, to kill a man as to kill a calf Then there were 
 James P. Remain, an apt scholar of Chris Lowry; 
 William Page, timid 1)ut useful, as bold and con- 
 scienceless a crew as ever cut throat or dashed out 
 brains for money. 
 
 It was arranged that they should gain Magruder's 
 confidence wliile in Virginia and assist him, and under 
 some prcitext, after he should have turned his goods 
 into gold-dust, return with him, and as opportunity 
 oflfered kill and rob him. 
 
 Doc Howard planned the campaign, and, as the 
 sequel shows, carried it to completion with consum- 
 mate nerve and ability. Some of the men jNIagrudcr 
 had met casually at Lewiston and The Dalles, but 
 as none of them as yet were notorious for their 
 crimes he knew nothing bad of them. It was the 
 .special business of Howard and his party to make; 
 tliemselves agreeable to Magruder, and they so far 
 
THE DEPARTURE. 
 
 657 
 
 succeeded that he took them all into his service while 
 in Virginia. This was a groat success for the vil- 
 lains. The packer had need of temporary assistance 
 in the disposal of his stock, and Howard and his com- 
 rades became the most affable and eflicient of ser- 
 vants. The chief and his lieutenant acted as clerks in 
 the store, and very careful were they that none of the 
 dust handled in that capacity should stick t(^ their 
 fiuijers. Was it not all their own? Paufe looked 
 after the stock, and Romain acted as cook. Thus 
 the days went by; in due time the business was 
 finished and the [)acker ready to return. It hap- 
 ])ened that four friends of Magruder, Charles Allen, 
 William Phillips, from near Marysville, and Hoi-acc 
 and Robert Chalmers, two Missourians, bi-others, wore 
 about starting for Lewiston, and it was arranged that 
 they should travel in company. Doc Howartl and liis 
 comrades pretended concern in finding their occupa- 
 tion gone. They did not fancy working in tlie mines, 
 they said; prospects for honorable employment were 
 not very flattering, and they would by no means cn- 
 tcrfcain any other; they believed they could do better 
 at their old stamping-ground. The Dalles. 
 
 Whereupon the artless j)acker said to them, "Join 
 us; you shall be welcome; your journey sliall cost you 
 nothing; you shall each have a fat mule to ride, and 
 your poorer one can be turned out along witli the 
 stock; your presence will be additional protection." 
 JMephistopheles himself could not liave plotted and 
 j)erformed better than Doc Howard. With villainous 
 gratitude the cutthroats accepted the ])acker's proi- 
 f'ered kindness. All being in readiness the j)ai'ty 
 set oi o .rom Virginia City in high spirits tlu^ ;^l 
 of October. Besides the fourteen thousand dollars 
 ill gold-dust, the proceeds of his stock and jiart of 
 his pack-train, Magruder had remaining twenty-six 
 mules, which with six mules and eight horses belong- 
 ing to Allen and other members of the party, made 
 forty animals. 
 
 Pop. Tbio., Voi,. I. 43 
 
 111 
 
 4' ■ 
 
 
 ill 
 
 1 
 
 ' ''An 
 
 m 
 
C58 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 All went well until the eighth day from Bannock 
 City, at which time a point was reached in the Bitter 
 Root Mountains one hundred and ninety miles from 
 any settlement, being west of the divide and between 
 the Clearwater and Bitter Root Rivers. It was hero 
 Doc Howard proposed to make his stand and execute 
 his bloody purpose. The two months' counterfeit of 
 honesty to these men was becoming irksome; i)haii- 
 tasnis of throat -cuttings and skull -crushings had 
 ])layed with the imagination these many days, until 
 the diabolic deeds themselves had become familiar, 
 had been acted over and over many times, so that 
 when the real acting of them came there was a cool- 
 ness and precision about all they did, an audacity in 
 the scope of their project, a fearlessness of conse- 
 quence, a hellish abandon, an absence of race sym- 
 pathy and humane feeling, unsurpassed in the annals 
 of crime. 
 
 It was bright starlight overhead, though round the 
 blazing camp fire the night was thick with dark de- 
 sign; white-sheeted was the ground with snow, but 
 black enough the hearts that harbored this so foul 
 treachery. Earth and sky sparkled in their purity; 
 Stygian stench came mingled with fair words from 
 human breasts in which burned infernal fires. The 
 custom was for two to be on guard during the night. 
 The guard was relieved at twelve o'clock. It is now 
 ten, the hour appointed for the slaughter. Two tents 
 are pitched, and not far distant blazes the camp fire. 
 Just over the hill the nmles are browsing. In one 
 tent sleep the two Missourians; in the other, Phillips, 
 with Remain as a bedfellow, Allen a little apart, and 
 Page, who petrified with fear lies buried in his blank- 
 ets, for he is informed of that which is at hand, though 
 by reason of his sunken soul he is excused from active 
 participation in it. Magruder and Lowry are ou 
 guard. Howard lies hidden in the bushes near the 
 animals. As if returning from the stock, Lowry aj)- 
 proaches Magruder, who is seated by the camp fire, 
 
MURDER MOST FOUL. 
 
 059 
 
 and informs him that the animals are restless, and 
 suggests that a brush fence be thrown across the trail 
 to prevent their wandering. Magruder rises, takes up 
 his gun, from which the caps have been removed, and 
 starts oft' with Lowry, who carries only an axe. 
 When near where Howard is, Lowry stops and begins 
 to cut brush for the fence. Magruder stoops to gather 
 the brush, when Lowry raises the axe over him and 
 bringing it down buries it in his brain, Howard 
 rushes out, having also an axe in his hand, and gives 
 Maffruder's head two or three additional blows. 
 Howard and Lowry then proceed to the tent of the 
 two Missourians, and each with his axe slays one. 
 Taking then their guns, they enter the other tent, 
 which is the signal for Remain to strike. The cry of 
 Phillips, as Remain's axe cleaves his skull, rouses 
 Allen, who is immediately shot by Howard, and this 
 most belluine of butcheries is finished. 
 
 The next thing to be done was to cover all traces of 
 their foul murder, that it might not be too quickly 
 discovered, that the countrj^ might not be aroused 
 before they should have time to escape it. For that 
 this blood should cry to heaven to be avenged, they 
 did not dream of aught else; but let now the roclcs 
 and mountains fall on the gory evidence of their 
 guilt until they should make good their flight. As it 
 was, even the snow and starlight were painful to them ; 
 for all nature, grown satanic, seemed now to laugh and 
 dance as in derision. 
 
 Wrapping the bodies of the murdered men, some 
 in blankets and some in tents, tlie murderers carried 
 them to the top of the ridge and rolled them over a 
 precipice; when, returning to camp, they built fires 
 over all the blood-bespotted ground, one out where 
 Magruder was struck, and others over the tent floors, 
 but like the blood of murdered Abel, the danming 
 evidence would not hush. Though they made great 
 fires which should consume all material things con- 
 nected with that niffht's work and threw into them 
 
 iJil 
 
 y 
 
GGO 
 
 THE rorULAR TRIBUNALS OF IDAHO. 
 
 the camp equipage, paek-sacldles, bridles, ropes, cook- 
 ing utensils, and provisions; and though they after- 
 ward picked from the ashes the pieces of iron wliich 
 would not burn, and putting them into gunny bags 
 carried them down the hill and hid them behiiul a log, 
 throwing the superfluous guns into the bushes; and 
 though they likewise washed their bloody hands, and 
 buried their bloody axes, and burnt their blooily 
 clothes, and scattered the ashes, so that in the morn- 
 ing scarcely a vestige of the camp remained; and 
 though they even threw off their bt)ots and made 
 moccasin tracks all round the place and on the ridge, 
 thus attempting to lay their accursed deed at tlie 
 door of that scape-goat of border ruffianism, the mucli 
 maligned savage — vet the all-seeintj heavens woul<l 
 not cease to cry it aloud, nor the impregnated air to 
 whisper it wherever winds blew. 
 
 Driving the animals some distance from the trail, 
 across a stream and upon a small prairie, tlicy sliot 
 all but eight mules and one horse. Then takinjji: tlics 
 gold-dust which they had picked from the ])ockets of 
 tliu murdered men, and which, as is usual in sucli 
 cases, was not as much as they had expected to find, 
 thev rode on to Lewiston. Entering the town about 
 nine o'clock on the night of the 10th of October, they 
 put up at the Hotel de France. Four mules they 
 had dropped on the way; the remainder of the ani- 
 mals, accoutred as they were with saddles, blankets, 
 cooking utensils, and guns, they left with a friend, to 
 be called for. Page then proceeded to the stage oftico 
 at the Luna House and engaged seats for four pas- 
 sengers to Walla Walla, registering the names as 
 Smith, Brown, Perkins, and Clark. 
 
 As might have been expected, these foolish pro- 
 ceedings on the part of the robbers did not pass un- 
 noticed at Lewiston. Page had been recognized by a 
 watchman while disposing of the animals; and at tlu; 
 stage office next morning the four men answering to 
 the four commonplace names were closely regarded 
 
HILL BEACHY PURSUES. 
 
 GGl 
 
 The gold-ilust 
 
 by Hill Beac'hv, the stage agont, and others. After 
 they had started the stage-driver noticed that they 
 carried considerable gold-dust. Continuing their jour- 
 ney to San Francisco, wherever they stopped they 
 assumed new names, and frequently de|)ositetl their 
 gold with the hotel clerk for safe-keeping during the 
 night. Arrived at San Francisco, Page and J^owiy 
 took lodgings in a pi'ivate house, while Howard and 
 Romain went to the Lick House 
 they de[)osit(!d at the mint for coinage. 
 
 Meanwhile the i)eople of Lewiston wonder where 
 Magruder is, and why he does not make his apjiear- 
 ance. From the Beaver Head country men arrive 
 saying that the packer's party had left two days l)e- 
 forc them and should now be there. The stage-driver 
 returning reports certain peculiarities of the four pas- 
 sengers. Closely following the sui-mises hence ar- 
 riving come tidings of the dead bodies of Allen and 
 Phillips, known to have been of the Magruder Jiarty, 
 and the air round Lewiston becomes thick with sus- 
 picion. 
 
 Taking the affair from this point, what follows 
 forcibly illustrates the diiference between the ability 
 and energy of court officials and the average man of 
 business in ferreting criminals and bringing them to 
 punishment. Every thought and action of the one is 
 hampered by form, while the other is free to emj)loy 
 his wits and to follow them. A most diabolical murder 
 lias been committed; the bodies of slain citizens are 
 lying in the mountains while their butchers are riot- 
 ing upon the proceeds of their crime in the city. And 
 there law would leave the matter impotent to avenge ; 
 but so will not Hill Beachy. True, interest and 
 friend^ip unite to spur the stage agent. There is 
 a large amount of money involved; reports of such 
 v^^holcsalc slaughter along the main lino of travel in 
 Idaho circulated about the world can but be dam- 
 aging to his business, by deterring immigration; 
 Magruder is a man of family, a personal friend of 
 
662 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 Boacliy. But if our system of public service and 
 our court enginery were what they siiould be, were 
 what those who Hve by them affect to beheve them, 
 surely there sliouUl be some means of manufacturing 
 enthusiam in tlie breast of a public officer. 
 
 Going round where the animals were stabled, Hill 
 Beachy recognizes the horse and one of the mules as tlu; 
 property of Magruder; likewise a saddle and canteen, 
 the former with blood ujjon it, he knows to have buin 
 Magruder's. Further investigation lixed the identity 
 of the four passengers. The stage agent now remem- 
 bers their presence and departure eastward about the 
 time Magruder went away. As if by inspiration the 
 whole plot flashes ui)on ^mui. Magruder is murdered 
 for his money, and the four men are the nmrdertns. 
 With scarcely a moment's hesitation the stage agent 
 determines to follow the assassins and bring them to 
 justice. Without difficulty he tracks them to San 
 Francisco and secures their arrest. 
 
 Says Page in his confession: " Lowry stopped witli 
 me at this private house on Dupont street; we were 
 arrested by Captain Lees of the police at this house ; 
 the other two were at the Lick House. When we 
 were first arrested we were put into a private room 
 and guarded closely. Howard was acquainted with 
 the captain of police; there was an arrangement to 
 get out a writ of habeas corpus; the captain was to 
 have all but one thousand dollars; after this we were 
 all put together so we could tell one talc." The at- 
 tempt to release the prisoners under a writ of hahen.'i 
 cor2)us failing after several hearings before the court, 
 the four men were delivered to the stage agent, who 
 had been sworn in as deputy-sheriff, and with the as- 
 sistance of two men who had accompanied him from 
 Idaho the prisoners were brought back to Lewiston, 
 where they arrived on the 8th of December, stopping 
 at the Luna House. 
 
 In other times, before and since, these men would 
 have been seized and hanged by the people before 
 
TRIAL AND EXECUTION. 
 
 603 
 
 ever they had readied Lcwiston. Within the year 
 the Lewiston Vif^ihmee Coininittee had executed 
 three men for a tithe of the present villainy. On this 
 occasion, as if by common consent, it was resolved to 
 let the law do the work. They had a new governor, 
 a new judge, and bright unused court machinery; 
 of all which they were very proud. They were tired of 
 stringing and strangling, and were only too ghul that 
 their great and good uncle at Washington had sent 
 them these thief-traps and rogue-exterminators, and 
 now they were curious to see them in operation. 
 Hence it was when the four prisoners entered town 
 there was no violent demonstration, and they were 
 allowed to remain in the stage agent's hands, as a 
 deputy-officer of the law, during trial. 
 
 Previous to the trial Page made a full confession, 
 which rendered the work of the court easy, and lor 
 which he was excused from beinir hanjjfed. It is another 
 of the oddities of law that the punishment of one 
 of the vilest villains of the gauij: is mitimited as a re- 
 ward for yet more dastardly meanness, enticed thereto 
 by the law in the hope of saving himself at the ex- 
 pense of his comrades. Tried and condemned, though 
 denying the truth of Page's statement, Howard, 
 Lowry, and Pomain were executed at Lewiston the 
 4th of March 18G4. Page was shot by a low charac- 
 ter at Lewiston the 25th of December 18GG and in- 
 stantly killed. 
 
 When in May 1 8C4 the Idaho Vigilance Committee 
 suspended active operations tliey summed up the work 
 accomplished, and found the result to be twenty-seven 
 thieves and murderers hanged and a gang of despei-- 
 adoes broken up during the year previous. These 
 had murdered more than a hundred men, besides com- 
 mitting numerous minor robberies. 
 
 The Committee at this time did not disorganize 
 nor even disband; they merely rested for a time. 
 But this rest was of short duration. Crime, intimi- 
 
 .9'':s 
 
C04 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 dated for the moment, broke f>ut anew, and the Com- 
 mittee found it an absohite necessity again actively to 
 take tlie field. Two years later we hear from them 
 in tile following incident: 
 
 The grand jury reporting at Idaho City in ]May 
 18()4 found nine bills for nuirder and thirty for assault 
 with deadly weapons, which for the law was doin<>- 
 very well in a town so new as to have neither church 
 noi- school, and, as in the ruby days of California, where; 
 large and brilliantly lighted gamliling saloons wi;re in 
 full bhist <lav and nii^ht with loaded tables, revolvers, 
 and bands of nuisic. 
 
 A vigilance committee was formed at Payette Val- 
 le\' in the winter of 1HG4-5 for the [luqtose of clearing 
 that neighborhood of the numerous horse-thieves and 
 gold-dust counterfeiters. A den of these counterfeiters 
 was broken u[) about the 1st of January, their inij)le- 
 ments being seized. These consisted of a mill in whicli 
 they ground their bogus dust, a lot of spelter, and 
 some crucibles. Five men were ca[)tured. There was 
 an inunediate scattering of the fraternity in every 
 direction. Some fled to Auburn, others went over 
 into the Grande Ronde Valley, and other's crossed the 
 mountains to Walla Walla. In l»oldness and (lui)licity 
 the desperadoes of the region round Payette and 
 Burnt rivers equalled any in the Pacific States. Pack- 
 trains were frequently waylaid, such of the mer- 
 chandise taken as the robbers could use, and the mules 
 driven off. Highwaymen and cattle -thieves often 
 dressed as Indians and took special care that the 
 ground about the scene of an on'^laught should be 
 well covered wi h moccasin tracks. In one of their 
 camps were fon \d by a surprise party all the para- 
 phernalia for I 'ian imitation, bows, arrows, toma- 
 hawks, skins, set, is, and the like. 
 
 In Idaho at thi time politics was a sentiment which 
 affected local int( ests about as much as an Alaskan 
 north wind afFect: a norther of the Mexican gulf In 
 the summer of 1865 a gambler, Patterson, a seces- 
 
THE GAMBLER PATTERSON. 
 
 GG5 
 
 Kionist niul doniofrat, shot an ox-shorilT, Piiikliam, a 
 union man and ri'puhlican. Tlu; lornicr saved liiniseli' 
 iVoni |io[tular tiny l»y hnniecliatoly (U'livciin^- liim- 
 sclf to the law. The jj^rand jury was in session at the 
 time, but falkul to indict him, and lie was held lor 
 another jjjrand jury. AFeanwhile the |>e()j»le thought 
 they saw more politics than justice in the [)rocee(linj^s, 
 and or<;anized a vi«:filance connnittee for the j)nrjiose 
 of takinjir Patterson from jail and hani^iuijr him. The 
 authorities, law and order men, and secession sym- 
 pathizers rallied to the protection of the prisonei", and 
 gathered rountl the jail to the number of one hundred 
 and fifty men, well armed with rifles and i-evolvers. 
 Opposed to them gathered three hundred aimed 
 citizens. Each side drew up in battle-array. Tiie 
 <-itizens occupied the streets leading to the prison and 
 the hills adjacent. After three days' maiUL'Uvring, 
 attended by no little brufidii J'lifincn, the peo[>lo with- 
 drew their forces, leaving the felon-worshipi)eis mas- 
 ter.s of the situation. Party spirit was the actuating 
 motive on either side rather than simple love of 
 justice, and firing once begun, a bloody battle would 
 have been the inevitable result. In due time the case 
 was brought to trial; the prisoner was found not 
 guilty, and, with the congratulations of the judge, was 
 discharged. 
 
 Says the Boise City Statesman of the 3d of Sep- 
 tember 18G5: 
 
 " Wc doubt if the legal annals of any country on the continent can present 
 a parallel to this state of things. I'eople have ceased to feci that life is pro- 
 tected by the law; tlicy have ceased to feel that punislinient follows crime; 
 and hence good men, who wouhl gladly let the law take its coui'se if it could 
 lie enforced, feel that they must either protect themselves without the forma 
 of law or they will be a prey to a legal lawlessness worse than mob rule itself. 
 We know that this is a bod s* .te of things. Wu can realize wliy men feel 
 driven to the desperate expedient of lynch law, and while we do not approve 
 we feel hardly able to denounce it. 
 
 " There should be no excuse for such things. If men in authority did their 
 iluty there would be none. It is the abiding conviction of many of the best 
 men in IJoisii County that the machinery of the courts is but a farce to enable 
 cruuiiiala to escape. It is uot a thirst for blood on the part of good citizens 
 
 
THE POPULAR TRIBUNALS OF mAHO. 
 
 that leads them to encourage vigilant organization, but it is a desire for justice, 
 a wish for protection, and a belief that there is no other means for attaining 
 the end. When men like Patterson are sun'ounJed by a crowd of roughs who 
 evince a determination to prevent a fair trial according to the form of law, 
 then the better class cease to respect those forms. It is notorious that Patter- 
 eon, instead of being treated as any other person charged with crime, is the 
 recipient of the iinest hospitalities that the jail affords. A fine room, fitted 
 up in the best style for a gentleman, not inside, but outside the prison, is his 
 house. Ho is surrounded by guards whom many honest men believe unsafe 
 and untrustworthy, who they believe intend simply to protect him from his 
 enemies, and not enforce the law if it should be against him. He walks the 
 street with a single man at his side, and from whom if he chose ho could 
 «iscape at any moment. Now if he be entirely innocent, we tell the authorities 
 it is no way to enforce the law. You bring discredit on yourselves by this 
 conduct if you are acting in good faith. Treat all criminals alike ; show a dis- 
 position to enforce the law against all in the same just way, and no one will 
 suspect your integrity. Show to the people that though a man may have 
 friends by hundreds banded for his protection, the law shall have due 
 course, an "hey will cease to complain and organize to execute the law for 
 themselves." 
 
 Up to this time, if we may believe the district at- 
 torney, within the hmits of Boise County there had 
 occurred some sixty deaths by violence without a 
 sinjjle conviction of murder in the first deifree. So 
 late as January 1866, there was no territorial prison 
 in Idaho and no prison facilities for the safe-keeping,^ 
 of territorial prisoners other than the provisons that 
 the county jails of Boisd and Nez Perces should bo 
 considered such temporarily. Every new community 
 is obliged at an early date to provide lodgment and 
 food for its evil-doers; and among the first contribu- 
 tions the people are called upon to make are those for 
 the buikMng of some structure, perhaps the most im- 
 posing in the state, as a caravansary for criminals. 
 Thus it is that, whether at large or under confinement, 
 thieves and murderers subsist at the expense of tho 
 honest and industrious. It is little wonder, then, that 
 impatient border men should favor short shrift for these 
 troublesome and expensive vermin. It is a sad coiii- 
 mentary on human nature that the cry of penitentiary 
 is heard as among the first necessities of association. 
 Punishment constitutes the primary pleasure of gov- 
 ernment. 
 
BOISl!: VIGILANCE 
 
 667 
 
 David C. Updyke, sheriff and tax-collector of Ada 
 County, was arrested on the 28th of September 1865, 
 charged with defrauding the revenue and for failing 
 to arrest West Jenkins. Alfred Slocum, treasurer of 
 Boisd County, was arrested in January 1866 for de- 
 falcation to the amount of about eight thousand dol- 
 lars. Updyke was soon at liberty, under bonds, but 
 they were bonds which were easily broken. 
 
 The Ada County Volunteers, of which Reuben 
 Raymond and John C. Clark were members, had re- 
 cently returned from a raid upon the natives. The 
 2d of April 1866 a case concerning transportation for 
 the company was before the court, in which Raymond 
 testified. Next morning abouu nine o'clock, while 
 Raymond and another were disputing about the facts 
 in the evidence, Clark came up, joined in the quarrel, 
 and soon Raymond gave him the lie. Tliereup(Mi 
 Clark rushed upon Raymond, who dodged and drew 
 his pistol. Clark then drew. To some by-standers 
 who now attempted to interfere, Raymond said, 
 " Don't be afraid; I am not ijoinij: to shoot." 
 
 " Shoot!" cried Clark, '* I'm going to fire." 
 
 " I don't want to shoot," returned Raymond; "I'll 
 give you the first shot." 
 
 One would think so magnanimous an offer would 
 have disarmed any but a venomous reptile. Taking 
 deliberate aim Clark i)uLv;d the trigger. The cap 
 snapped without exploding the charge. Again he 
 repeated the operation, this time witli fatal effect. 
 Raymond made no attempt to shoot; he received 
 Clark's ball in the abdomen, and next day died. 
 Cark was committed for murder. 
 
 On the night of the 7th of April, Clark was taken 
 from the guard-iiouse at Boise City by some twenty 
 masjiked men and iumgcd just outside the town, upon 
 a gibbet constructed with three poles. Pinned to one 
 of the poles was the following notice: 
 
 "No. 1. 
 "Justice has now c')mtnt,.cc(I her righteous work. This suffering com- 
 muuity, whicli hasj uheaily lain too lung under the ban of rutiiuuiaui, aliall 
 
 
 ■J 
 
 
668 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 now be renovated of its thieves and assassins. Forbearance has at last ceascl 
 to be a virtue, and an outraged community has most solemnly resolved on 
 self-protection. Let this man's fate be a terrible warning to all his kind, fur 
 the argus eye of justice is no more sure to see than her arm will be certain to 
 strike. The soil of this beautiful valley shall no longer be desecrated by tlio 
 presence of thieves and assassins. This fatal example has no ten-or for the 
 iruioccnt, but let the guilty beware, and not delay too long, and take warning. 
 
 "XXX." 
 
 Says the Carson Aj^peal of the 28th of April 18GG : 
 
 " It will be remembered that Clark was recently committed to answer to 
 the charge of murdering Reuben Raymond. He was deemed guilty of wilful 
 murder, and the citizens i^revented his living long to enjoy the achievement, 
 lie wa.j forcibly taken from prison and executed by men in disguise. Parties 
 wlio condemned the act and actors soon found their occupation gone. The city 
 was threatened with fire, and everj'botly thus warned is prepared and will 
 prevent incendiarism. From all we can learn, if a certain Ijehavior is notice- 
 able, tlierc will be considerable work for the coroner, undertaker, and sexton 
 at the capitfd. Wo hear it stated that this is an extension of the Montana 
 Committee, and that all the through and cross stage lines are favorable to the 
 organization ; also that leading citizens lend their smiles. In view of the 
 prompt anil scientific mJinner of execution just adopted in Idaho, men of i'le- 
 gitimate occupations would do well to reform or emigrate. However wrong 
 the method of punishment, facts must not lie ignored. It don't change the 
 real state of facts to charge the vigilants with the conuniasion of the same 
 crime of which their victims were guilty. The Boist^ites have others in view, 
 or wliy laljel this subject No. 1 ?" 
 
 On Saturday the 1 4th of April 18G6 the body of 
 D. C. Updyke was discovered at Sirup Creek, hani;- 
 ing in a shed between two houses, with the following 
 notice pinned to the body: 
 
 "DAVE UPDYKE, 
 
 ' ' The aider of murderers and horse-thieves. 
 
 "XXX." 
 
 Next day a few miles down the creek the body of 
 James Dixon was found hanging to a tree. Monday 
 morning, posted on Main street, Boisd City, writtou 
 by the same hand that wrote tlie notice fastened to 
 the swinging bodies, was the following : 
 
 "DAVE UPDYKE, 
 
 " Accessoi-y after the fact to tlic Port Neuf stage robbery. 
 "Accessory and accomplice to the robbery of the stage near Bois^ City iu 
 18G4. 
 
 "Chief conspuator in burning property on the overland stage line. 
 
UPDYKE, DIXON, CLiiRK. 
 
 GG9 
 
 "Guilty of aiding ind assisting West Jenkins, the murderer, and other 
 criminals to csoaptj, while you were sheriff of Ada County. 
 "Accessory and accomplice to the murder of Baymond. 
 " Tlireatening the lives and property of an already outraged and suffering 
 community. 
 
 "Justice has overtaken you. 
 
 "'XXX " 
 "JAKE DIXON, 
 
 " Horse-thief, counterfeiter, and road agent generally. 
 "A dupe and tool of Dave Updyke. 
 
 "XXX." 
 
 "All the living accomplices in the above crimes are known through 
 Updyke's confession, and will surely be attended to. 
 "The roll is being called. 
 
 "XXX." 
 
 Commenting upon the execution of Clark, and on 
 affairs in general, the Idaho Statesman of the 22d of 
 April says: 
 
 "For something more than two years this territory has been ridden and 
 ruled by both organized and in organized bands of men, who have made high- 
 way and private robbery, burglary, and murder when necessary for that pir.-- 
 posc, their profession; juries and officers of the courts have been ten'ilied by 
 their threats from a discharge of their duties, and in some instances they ha\e 
 succeeded in being elected to offices of trust only to betray the too confiding 
 public into the hands qf their bloody confederates, or to assist criniinjils to 
 escape rather than to discharge their duty by bringing them to justice. I'ur- 
 glary, robbery, and murder were of almost daily occurrence and defied tlctcc- 
 tion. And when there was a faithful officer to faike tlio track of an odciider, 
 he soon found his prey so well guarded by confederates that captiiie was all 
 but an impossibility. And when, as it sometimes liappencd, an arrest was 
 made, witnesses, jurors, and prosecuting officers were tlireatened witli speedy 
 death if they dared to go on in the discharge of their duty, to such an extent 
 that criminal trials have become a mockery. Good citizens liave trembled for 
 their personal safety for having served on a grand jury. The expn-ss and 
 stage companies liave been oblige<l to conduct tlicir operations witli the utmost 
 secrecy to avoid robbery by villains wliom they knew to be daily in tlitir 
 offices and on their stages watching for opportunities of plunder. If a mer- 
 chant intended to leave towni on business lie used every precaution to conceal 
 the time of his departure, so as to lessen th > chances of being roljbed. It is 
 useless to state what is so notorious a fact, that a nniltitude of llio foulest 
 nuu'ders have gone entirely unpunished. To such a degree has tlii.s state of 
 things existed that the law seemed to present no check to whatevcu- outrages 
 the villains that habitually prey upon society choose to commit. It is tnio 
 the territory had laws, but a reign t»f teri'or prevented their execution. Space 
 forbids us to mention the numerous atrocities that make up the long list cf)ni- 
 niittcd hero in Boisti City. The last one was the deliberate nuirder of ILay- 
 uioud, because he testified to the truth in a court of law. Before his almost 
 
 m 
 
m 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 lifeless bo<ly was rcmovod from the place where he fell, D. C. Updyke stepped 
 up to a prominent citizen of this place and significantly said, ' That affair 
 grew out of the lawsuit yesterday, and there will be many more like it.' The 
 whole tenor of the preliminary examination of Clark gave the ansurance that 
 tlic same means that had defeated justice so often before were t') be used to 
 their utmost in this case. That Clark was committed to await trial, and after- 
 ward seized and executed, is well known. Updyke was most ferocious in hia 
 threats against several citizens, whom he charged with having a hand in tliu 
 execution, and finally as he left town announced his intention of returning to 
 pay Cois(S City one more visit to get even, or to that effect. He has been ex- 
 ecuted, as also a confederate who went away with him. As to the terror that 
 has reigned for the last two years, it has come to an end. Good citizens and 
 peaceable men walk the streets and go about their business in comparative 
 Kifety. The grand jury that is now in session, when their labors are done, 
 may disperse without danger of being assassinated for the discharge of their 
 duty. There is no alarm in the community and no terror for any one excei)t 
 those who prey upon society and their fellow-men. Such is the exact contli- 
 tion of afTairs to-day.". 
 
 The Idaho World, printed at Idaho City, was the 
 law and order, democratic, and anti-vigilance organ of 
 the day. The Idaho Statesman, printed at Boise City, 
 favored the vigilance party. One saw evil in every 
 popular movement; the other only good. The death 
 of P. M. jMcManus, reported as tlje result of the 
 accidental discharge of his own pistol on the night 
 of the 8th of August 18G7, is charged directly by the 
 World upon the Vigilance Committee as a murder. 
 All in due time it came round, however, that mur- 
 derers were permitted to pursue their avocations in 
 peace; so that when, on the 31st of March 18G8, J. 
 Marion More, the discoverer of Boise Basin, was 
 killed, the World complimented the people on their 
 good behavior. The killing of More grew out of a 
 dispute between the Ida Elmore and the Golden 
 Chariot mining companies, involving the boundary 
 lines of the respective claims. In the dispute More 
 had acted on behalf of the Ida Elmore claim. Mat- 
 ters were satisfactorily adjusted between the com- 
 panies; and it was in an after discussion, mingled 
 with fiery potations, that the killing occurred. 
 
 Jimmy Powers, Jimmy Reed, and Jack O'Neal 
 were taken from prison at Bear River City the night 
 
LAXITY OF LAW. 
 
 671 
 
 of the 10th of November 18G8. Next morning the 
 bodies were found suspended from a beam of the build- 
 ing with a notice pinned to each to the effect that 
 other garroters of that or other bands if caught would 
 be similarly treated. 
 
 Chung, Kum, and Fung, each with an Ah before 
 his name, seized a fourth Ah at Grimes Creek in Oc- 
 tober 1869, whom they claimed had spirited away five 
 hundred dollars of their earnings, knowledge of the 
 whereabouts of which they hoped to reach by the 
 'Melican process of strangulation. A butcher happen- 
 ing to pass, notice was given of the affair; the Clihia- 
 man in chancery was released and his tormentors 
 committed. 
 
 In 1870 the Idaho Statesman thus reviews the 
 annals of crime in that territory for the eight previous 
 years : 
 
 " Four men have been shot to death in Idaho during the last two weeks. 
 And something like two hundred have been hurried into eternity during the 
 last eight years at the hands of violence, a large proportion of them downright 
 murders. Five murderers only have been hanged by the courts in the same 
 length of time, three of them the villains who killed Magruder, the fourth 
 Sim Walters, who killed Bacon, the fifth one Anthony McBride, who mur- 
 dered a Chinaman three years ago. Many of these murderers have gone to 
 other territories, and in turn got killed or hanged; some have died, some are 
 scattered about, and the remainder are still in Idaho running at large. One 
 or two, we believe, by some mismanagement are in prison, but will no doubt 
 be released at the tenn of court being held at Idaho City. The ratio of 
 bloody crime is increasing and will increase until the law is more rigorously 
 enforced." 
 
 II !■ 
 
 M 
 m 
 
 James M.Wood had lain in the Lewiston jail some 
 six months for the murder of Thomas Dulf(!y, and 
 had been tried and convicted, when Governor 1 Jallanl 
 commuted the death sentence to imprisonment for 
 life. The people, however, frcm tlie first had deter- 
 mined the man should die. About four o'clock on the 
 morning of the 13th of January 1870, a body of 
 armed men disguised as Indians ap})roaclied the 
 prison, and while some of them quieted the jailer with 
 their display of pistols, others took the prisoner to 
 
 t\ 
 
672 
 
 THE POPULAR TRIBUNALS OF IDAHO. 
 
 the junction of the Clearwater and Snake rivers, and 
 in an unoccupied building hanged him until dead. 
 This action on the pai-t of the people was not the re- 
 sult of momentary exciter, .ent, but of months of cahn 
 reflection. They felt that a great crime had been 
 committed, that the man Wood had had a fair trial, 
 and that the verdict of the jury was just. They could 
 not therefore see justice robbed by a weak or corrupt 
 official. 
 
 Reviewing the past and surveying the present, the 
 editor of the Idaho Statesman the 25th of June 1870 
 writes : 
 
 "In all newly settled countries we naturally expect for a while a laxity in 
 the enforcement of laws and an undue prevalence of crime. Idaho cannot, 
 or at least should not, be classed under this head. We have Iwen an organ- 
 ized territory for over seven years. During that period wo have enjoyed 
 everything allowed by the central govennncnt to 'a territory ; we have our 
 schools, churches, civic societies, and newspaiters ; we are within i)rompt niul 
 early communication with the commenntl marta of trade and centres of intel- 
 ligence, rofmemcnt, and civilization. We have our courts of j 4cc, an ahle 
 and intelligent bar, jails, and a penitentiary for the reception of malefactors. 
 T?ut notwithstanding all this, if asked if crime is punished, we are compelled 
 to answer in the negative. Since the organization of the territory there have 
 been but two legal executions in the counties of Ada, Boise, Alturas, and 
 Owyhee. Murders have been so numerous during the same period that v.u 
 are iniprepared to give the list without consulting the records. We will take, 
 however, the past year, commencing with July 4, 1809: In the cities of 
 Silver, LoisiJ, and Idaho, in a little over eleven months, eight murders have 
 been committed. Of this number four of the pcrpel .vtors were ac(iuitteil ; 
 one is still confined in jail, trial having been postponed on the plea of insanity, 
 which, as wo all know, is equivalent to acquittal ; one was convicted of man- 
 slaughter and sentenced to ten years in tho penitentiary, but jiardoncd after 
 about two months' confinement, on the petition of numerous citizens of 
 Owyhee, it having been represented by them to the executive that he had 
 shot tho wrong man, therefore no crime -was committed, and the killing was 
 lawful. Another case, a Chinaman, upon being convicted of murder and sen- 
 tenced to be hanged, comi;.Hted suicide, showing that he concurred with the 
 verdict of the jury. Shooting and stabbing affrays have also occurred during 
 the same period, not resulting in death, too trilling, however, to attract the 
 attention of the people. How does all this appear abroad? Is it calculated to 
 encourage immigration? Can we expect our fertile valleys to be liUed with an 
 industrious class of farmers, our cities with intelligent mechanics and arti- 
 sans? No; such people only emigrate to places where laws arc enforced, 
 peace and (i[uiet prevail, and life and property are protected. 
 
 "Wherein does tho remedy for these evils lie? ChieLy with the court. 
 
"VSH^I 
 
 WALTERS AND SIMMS. 
 
 073 
 
 A judge should go on the beuch tinn and impartial, with the courage uml 
 learning not only to vindicate the majesty of the law, but also to do justice to 
 the prisoner, whoever he or she nuiy be. Wc can relate at least one crintinul 
 trial, of very recent occurrence, in which the unmistakable and unwarrantable 
 bias of the judge, David Nogglu, had the effect of creating in the mind of tiie 
 jury a determination to acquit. Again, another evil to be done away with is 
 the reckless and unthinking manner in which petitions are gotten up in behalf 
 of convicted felons. A morbid feeling of mistaken friendship in a few awakens 
 in the breast of the many a sickly sentiment which wrongfully assumes the garb 
 of mercy, thus indirectly giving encouragement to the further perpetration of 
 acts of crime. Tliis subject will bear referring to again, aiiu wc shall do it 
 until the people have awakened to the necessity of a strict enforcement of t!ie 
 law against those who shed human blood so recklessly." 
 
 At Idaho City, at eleven o'clock the 21st of July 
 
 1870, the prisoners, seven or eight in number, took 
 forcible possession of the jail. The keepers were 
 driven within the grating and confined there; the 
 prisoners then seized the arms and j)artially made 
 their escape. The citizens quickly rallied and cap- 
 tured all but one, Williams, from Owyhee. There was 
 considerable firing and three were wounded. 
 
 There was a man named Walters lyinsf in th(^ 
 Lewiston jail, who, according to the term« of his sen- 
 tence, should have been executed the i)th of June 
 
 1871, but to the indignation of the people the sheriff 
 failed to perform his duty. Hence it was the Indian 
 disguise was again assumed by the Committee, and 
 on the night of the day on which Walters was to 
 liave suffered, the jail was forced and the prisoner 
 executed. It seems that the prosecuting attorney had 
 persuaded the sheriff that the sentence was illegal, and 
 that it was his duty to disregard it. The gallows had 
 been erected the day before the execution, but had been 
 subsequently taken down by friends of the prisoner. 
 
 Sirams, a resident of Payette Valley, was hanged 
 by the people in May 1874 on a charge of fraudu- 
 lently concealing cattle belonging to a Mrs Ray. . 
 
 Pop. Tub., Voi.. I. 43 ' 
 
CHAPTER XXXV. 
 
 POPULAR TRIBUNALS OP MONTANA. 
 
 Tender-handed stroke a nettle, 
 
 And it stinga you for your pains; 
 Grasp it like a man of mettle, 
 
 And it soft as silk remains. 
 'Tia the same with common natures. 
 
 Use 'em kindly, they rebel; 
 But be rough as nutmeg graters, 
 
 And the rogues obey you well 
 
 Aaron Hill. 
 
 Montana, that is to say montaila, or mountain, 
 dates its territorial organization May 1864, prior to 
 which time it was part of Idaho, from the north- 
 eastern portion of which territory it was mostly taken. 
 The region is rich in agricultm^al resources as well 
 as in minerals. More than a quarter of a century 
 ago the Jesuits founded a mission on the Coeur d'Alene 
 River, and there taught the savage tribes the gentle 
 precepts of the Christian faith. 
 
 In the spring of 1862, in Deer Lodge Valley and 
 on Hell Gate River, gold was first discovered within 
 the limits of this territory. Silver was first found at 
 Rattlesnake Creek opposite Argenti, and shortly after 
 at Prickly Pear Creek. The Bannock City or Grass- 
 hopper mines, on Grasshopper Creek, were discovered 
 in July of the same year. In Fairweather Gulch, a 
 rich mining district through which flows Alder Creek, 
 a, tributary of the Stinking Water, are situated the 
 •soi-disa7it cities of Virginia, the capital of Montana, 
 Nevada, and Summit. North of Bannock and Virginia, 
 at the Prickly Pear mining district, is the town of 
 Helena. At the Rattlesnake silver mines on Rattle- 
 
 (674) 
 
PLUMMER THE SHERIFF. 
 
 «:: 
 
 snake Creek, ten miles north-east from Bannock City, 
 is Montana City, founded in 1865. For a wilderness, 
 whose largest settlements can boast no better town 
 than a huddle of log and board huts, this is a wonderful 
 country for indigenous cities. 
 
 Sheriff of Montana in 1863 was Henry Plummer, 
 chief of the road agent band. Many and contra- 
 dictory are the versions given of his early life. He 
 came to California in 1852, settling for a few years in 
 Nevada City, where in 1856 he was made marshal. 
 Before his term of office had expired he was convicted 
 of the muider of Vcdder, a German, from whom he 
 had alienated his wife, and was sentenced to ten years' 
 imprisonment, but on the plea of ill -health was par- 
 doned by Governor Weller. Another murderous as- 
 sault, which ultimately proved fatal, and a stage 
 robbery followed; for the latter he was tried but 
 acquitted. Now his record of crime becomes rapidly 
 lengthened; he breaks jail, and assisting in the escape 
 of Mayfield, another murderer, eventually reaches 
 Bannock, Montana, where his career ends. He had 
 eluded pursuit on his way thither through notices 
 that he himself had published in California papers of 
 his execution in Washington Territory. 
 
 Henry Plummer was not only a most daring man, 
 but a leader who carried everything before him. In 
 spite of his established character he secured the elec- 
 tion for himself as sheriff not only of Bannock but of 
 Virginia, and the appointments of his road agents 
 as deputies. Bannock now became the head-quarters 
 of a noted band of cutthroats and highwaymen. 
 
 For a time this worked admirabl}' for the roughs, 
 as they could rob and murder with impunity. After 
 they had killed over one hundred and twenty citi- 
 zens, and plundered stages, express shipments, and 
 private individuals, no one dared to leave with or 
 send money or dust out of the country. Any one 
 who dared to demur to this order of things or sug- 
 gest that the robbers were other than honest men 
 
 111 
 
 Mir 
 
676 
 
 I'OPULAR TRIBUNALJS OP MONTANA. 
 
 and gentlemen, did so at the inuninent peril of lif'u 
 and fortune. 
 
 Under such conditions travellers were entirely at 
 the mercy of the baud, and while I give some few 
 details of their crimes, many atrocities were com- 
 mitted which are unrecorded and unknown. Theii- 
 system of stage robbery was most complete, as is 
 illustrated by the following incident: In October 18G'{, 
 as Peabody and Caldwell's coach was en route for 
 Bannock, carrying considerable gold-dust and several 
 passengers, difficulty was experienced in obtaining 
 horses; two or three times it was found that the 
 corrals were empty, and men were despatched to hunt 
 the missing stock. At Dempsey Cottonwood Ranclio, 
 a rendezvous for Plununer's band, they took up as a 
 passenger Dan McFadden, better known as 'Bum- 
 mer Dan'; at Battlesnake Ranclio, which was not 
 reached till evening, owing to the delay, they found 
 that here also the horses were turned out. Another 
 delay of several hours, and then with worn-out teams 
 the heavy load was again on its way. All this delay 
 was in furtherance of the plans of the road agents. 
 Bill Bunton now mounted the driver's seat, ostensibly 
 to assist with the whip. Before long he left the 
 driver, Rumsey, to manage the horses alone, and 
 entering the coach sat beside Bummer Dan. In loss 
 than five minutes the coach came to a stop; two men, 
 muffled in hoods and blankets, ordered a " halt," and 
 with raised rifles and the dialect of a Dutchman told 
 the driver to " throw up his arms." At the same mo- 
 ment their accomplices in the stage manifested the 
 greatest terror, by way of example to the other pas- 
 sengers; and at the command of the highwaymen 
 all got out of the stage and threw up their arms. 
 Bunton begged piteously for life and gave them his 
 purse, as did also Bummer Dan, while the other pas- 
 sengers were searched, offering no resistance. In this 
 robbery twenty-eight hundred dollars were secured 
 by the band. Frank Parish and George Ives were 
 
A NEST OF THEM. 
 
 07: 
 
 the two highwaymen in this instance. When the 
 stage reached Bannock notice was at once given at 
 Peabody's express office, where George Hildermaii, 
 another accompHce, was in waiting to ascertain wliether 
 any one was suspected or recognized. While no mur- 
 der was at this time comniitted, it would have heen 
 done if there had been any provocation. 
 
 Other .stage robberies followed through the re- 
 nmindcr of tlio yoai', involving the los.>< of life and 
 property to a most alarming extent. The culminating 
 deed was the murder of one Nicholas Ibalt, on the 
 I3th of Decend)er 1803, who had brought one hun- 
 dred and fifty dollars to Dempsey's rancho, where he 
 was to purchase mules for his em|)loyers. His body 
 was discovered l)y a hunter named Palniev, who shot a 
 prairie-chicken, which fell among some willows on the 
 banks of a stream near Dempsey's rancho. J^ilmer, 
 pursuing his prey, to his surprise and horror stumbled 
 over the body of Ibalt. It was brought to Ni^vada 
 and identified. There was great excitement over thi^ 
 tidings, and the first vigilance committee of Montana 
 was organized that very night, its first work being to 
 search for the perpetrators of this crime; and at ten 
 o'clock twenty-five men, who had subscribed to articles 
 of agreement, left Nevada intent on the capture of 
 the villains. 
 
 Suspicion had fallen on two herders employed by 
 Dempsey, who had assisted Ibalt in starting, and 
 who, by reason of their associates, did not enjoy a 
 very good reputation. They lived in a little hut 
 about two miles from the house occupied by Mr 
 Dempsey and family. On visiting this hut of the 
 lierders, there were found Long John, or as his .M\otlu!r 
 would say, John French, George Hilderman, Whiskey 
 Bill, Texas Bob, George Ives, and Alexander Carter : 
 a full nest of them. 
 
 All were arested and taken to Nevada City, Mon- 
 tana, where on the 19th of December a new tribunal 
 was organized, composed of twelve representatives. 
 
078 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 all from Junction City and Nevada districts. The 
 regularly appointed judges, Wilson and Byam, of the 
 two districts were called upon by the miners to pre- 
 side. According to miners logic the men were made 
 judges by the miners, the office they filled, if not the 
 judges themselves, belonged to the miners, and thoy 
 must obey the miners or abdicate. But the judges 
 had no thought of taking exceptions to the action ol' 
 the people. 
 
 Twelve from each district were selected to act as 
 jurors, and the trial of George Ives began. Messrs 
 Smith, Richie, Thurmond, Colonel Wood, and Mr Alex- 
 ander Davis were Ives' lawyers, while Colonel Sanders 
 and Charles S. Baggs conducted the prosecution. John 
 French turned state -evidence, and the others, witli 
 the exception of Hilderman, were released, an action 
 which the people ever after regretted. During the 
 trial, which was conducted in the open air and con- 
 tinued two days, the sale of intoxicating drink was 
 prohibited throughout the town, a wise and praise- 
 worthy measure. 
 
 A two days' trial was a long one for the impatient 
 miners, who had their own affairs to attend to; and 
 while they were desirous everything should be done 
 in a lawful manner, they were beginning to tire of dis- 
 putatious formalities. Proceedings were narrowly 
 watched by the officers of the Vigilance Committee, 
 and during the second day they quietly informed the 
 court that at three o'clock the trial must be concluded, 
 and directed the court to instruct the counsel on 
 either side that in their arguments before the jury 
 they would be restricted to cue hour each. After a 
 half hour's consideration the jury reported twenty- 
 three for hanging and one tor acquittal. 
 
 Ives was a man of about twenty-five years of ag(3, 
 with blue eyes and liglit hair. His manner was 
 sprightly and absolutely fearless. Now, however, 
 confronted with the deeds of his past life, and death 
 imminent, he begged for time. "How much time did 
 
A FORMIDABLE BAND. 
 
 079 
 
 you give the Dutchman?" inquired Colonel Sanders. 
 By this time day had departed, and silver light had 
 superseded golden. The prisoner had many friends 
 among the attendants, and these were belligerent on 
 hearing the verdict. Menacing forms and scowling 
 visages cast weird, imperfect shadows on the disturbed 
 ground, and pistols, guns, and knives gleamed in the 
 moonlight. But all was of no avail. 
 
 In an unfinished house the scafFokl was erected, a 
 large box answering as platform. This building, 
 which had only the frame standing, was within ten 
 yards of where the trial had been conducted; and 
 here the sentence was executed. 
 
 Hilderman's trial was soon over. He was an old 
 man, evidently a tool of the band, without courage 
 to divulge what he knew, equally in terror of his con- 
 federates and of th3 Vigilance Committee. He was 
 considered somewhat imbecile, and his sentence was 
 banishment from Montana. 
 
 John French having turned informant, and having 
 given sufficient evidence to warrant the conviction of 
 Ives, was set free. His testimony was corroborated 
 by Hilderman. Ives protested, even on the scaiSbld, 
 that he did not commit the crime of which he was 
 accused, charging it on one Alexander Carter; but 
 his assertions carried little weight. Even if true, there 
 were yet unatoned sins enough at his door to war- 
 rant abode in airy space — so thought the Committee. 
 Nevertheless the words of the departing Ives did not 
 fall on heedless ears, that is to say, so far as the ap- 
 prehension of further villainy was concerned. During 
 their imprisonment they informed their captors that 
 their organization at that time, 1864, numbered one 
 hundred and thirty, who had killed and robbed over 
 one hundred men, principally between Salt Lake City 
 and the Montana mines. 
 
 Two lawyers, Smith and Thurmond, were driven 
 from the territory by the exasperated people for at- 
 tempting to clear the banditti when arrested. Dims- 
 
 11 
 
 i.;'i^ 
 
 tM 
 
 i.'ii' 
 
680 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 dale, writing of them, says: "They were employed as 
 counsel of the road agents, and were banished. Thur- 
 mond brought an action at Salt Lake against Mr 
 Fox, charging him with aiding in procuring his ban- 
 ishment. After some peculiar developments of justice 
 in Utah he judiciously withdrew all proceedings, and 
 gave a receipt in full of all past and future claims on 
 the vigilants, in which instance he exhibited a wise 
 discretion." It seemed to the people sufficient that 
 the road agents should be permitted to accomplish 
 their vile purpose unrestrained by law, without having 
 the law interposed between them and justice by re- 
 leasing them as fast as caught. That jurists should 
 be obliged to admit the necessity, in criminal juris- 
 prudence, which makes it the <luty of the counsel to 
 clear the guilty if it be possible, certainly augurs ill 
 for the system. At all events it is a [practice which 
 border communities cannot afford to indulii^e in. 
 
 The Vigilance Committee was now strong enough 
 to excite in Plummer's band fears for their lives. It 
 was understood among them that pursuit was to lie 
 made for Ives' comrades; and brave indeed were the 
 twenty-four citizens who undertook this perilous duty. 
 Mr Dimsdale, writing of this expedition, says: "Tlie 
 volunteers formed a motley group: but there were 
 men enough among them of unquestioned courage, 
 whom no difficulty could deter and no danger affright. 
 They carried generally a pair of revolvers, a shot-gun, 
 blankets, and some ropr. Spirits were forbidden. On 
 the 23d of December 1803 the party, on horse and 
 mule back, went by way of Stinking Water to the Big 
 Hole, and over the divide in the main range. The 
 weather was very cold, and there was a large quantity 
 of snow upon the ground. Fires could not be lighted 
 when wanted at night, for fear of attracting attention, 
 and the men were but ill prepared to face the chilling 
 and stormy blast which swept over the hills and val- 
 leys crossed by them on this arduous journey. Few 
 know the hardships they encountered." 
 
PLUMMER'S BAND. 
 
 m 
 
 On Deer Lodge Creek, Erastus Yager, generally 
 known as Red, was encountered. He was one of the 
 band, but preserved his incognito so well that he 
 threw the vigilants off their track, and had abundance 
 of time to notify his comrades of their approach; so 
 that when they reached Cottonwood their prey had 
 escaped. For two days it snowed heavily. "The cold 
 became fearful," says Mr Dimsdale, "and the suffer- 
 ings of the party were intense. Some of the stock 
 stampeded to the canon out of the way of the storm. 
 It was no small job to hunt up the runaways." 
 
 On reaching Rattlesnake they surrounded a rancho, 
 where Plummer's men, Stinson and Ray, who were 
 deputy-sheriffs, had Red under arrest, as they said, 
 for horse-stealing, but would now release him on liis 
 promise to return to Bannock City. The vigilants 
 pursued and captured him, and took him (mi to Demp- 
 sey's rancho, whore a portion of their force awaited 
 them. Here they made a second arrest of one Brown, 
 secretary of the association. He was held to await 
 Red's trial. 
 
 The men were taken to Lorraine's, where they ar- 
 rived during the afternoon. At ten that night tJie 
 trial commenced. Red turned informer, and fully 
 described the whole or<janization of the road agfents. 
 He said that Plununer was chief of the band and 
 Bunton was second in command; that the members 
 were Cyrus Skinner, (reorge Ives, Stevens Marshland, 
 Dutch John, or John Wagner, Aleck Carter-, Whiskey 
 Bill, or Bill Graves, (jlforge Shears, Johnny Cooper, 
 Buck Stinson, Ned ICay, Mexican Frank, Boone 
 Helm, Club-foot (Jeorge, or George J^ane, Haze 
 Lyons, Bill Hunter, (Toorge Lowry, Billy Page, Doc 
 Howard, Jem Romainc, Billy Terwilliger, and Gad 
 Moore. They had as a jmssword ' Innocent,' wore 
 nmstache and chin whiskers, and a sailor's knot as a 
 necktio. 
 
 li:/^ two men. Red and Brown, were taken to a 
 tree on Lorraine's rancho and side by side were swung 
 
 ili'? 
 
 §11 
 
 Ill 
 
682 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 into eternity. Previous to his execution Red had 
 implored that the rest of the band should be punished, 
 which was readily promised, and the pledge kept. 
 He also said, "You have treated me like a gentleman, 
 and I know I am going to die; I am going to be 
 hanged; it's pretty rough, but I merited this years 
 ago." And with the rope around his neck his last 
 words were, "Good-by, boys; God bless youl You 
 are on a good undertaking." 
 
 The bodies were left suspended for their comrades 
 to care for. On one was fastened the label "Red, 
 Road Agent and Messenger;" on the other, "Brown, 
 Corresponding Secretary." 
 
 Says a resident in relation to recent affairs in 
 Montana : 
 
 ' ' The aforesaid excitement began at the Stinking Water mines, but soon 
 exteT" jed to this place, and men are going and coming all the time between 
 the several mining localities, as well as between Deer Lodge, Big Hole, Hell 
 Gate, Bitter Root Valley, and Gallatin. I hope not to be understood by tlio 
 word excitement alone, that those men have been hanged by an excited and 
 unruly mob. I will say to their credit, though myself a lover of law and 
 order, that a more sober, quiet, and determined assemblage of citizens witli 
 the law in their own hands I never saw. At one time in Bannock, just alter 
 the killing of a worthy citizen and wounding of another, while trying to 
 arrest the Spaniard Frank, well known around Camp Douglass, the crowd 
 were so exasperated that they tore to the ground the house in which Fnmk 
 was found and killed, carried it away from the other buildings, threw the 
 Spaniard on top of it, and burned all together. The people had an especial 
 dislike for the house, as it belonged to Henry Plummer, and was occupied by 
 Buck Stinson. It was there the Spaniard secreted himself, and killed a good 
 man and wounded another while he was bein^" arrested. The Spaniard was 
 killed on the 11th. George W. Coply, who was shot by the Spaniard, died 
 on the r2th, and was followed to his grave by almost the entire population. 
 Smith Ball, who was wounded at the same time, is out of danger. '' 
 
 These men Coply and Ball were members of the 
 Vigilance Committee, and were shot by the man 
 whose capture they were attempting. He is spoken 
 of elsewhere as Joe Pizanthia, " the greaser," which 
 was probably his name. It was a mob, not the Vigil- 
 ance Committee, which in a frenzy executed its venge- 
 ance in this way. 
 
EXECUTIONS. 
 
 m 
 
 The next arrest was that of John Wagner, or 
 Dutch John. He was brought mto Bannock and 
 imprisoned in an empty cabin until his fate should 
 be determined. A vigilance committee was at once 
 organized, and none too soon, as a communication was 
 brought them that very ni^ht by four trustworthy 
 citizens from the Virginia vigilants with an order for 
 the arrest and execution of Plummer, Stinson, and 
 Ray. These ruffians were then in Bannock, whither 
 they had come preparatory to leaving the country. 
 The committee knew there was no time to lose, and 
 arrested the men, whom they found in different houses, 
 apparently unconcerned about their fate. They wore 
 taken without delay to their place of execution, which 
 was a cross-beam in an unfinished building. Their 
 cries and curses broke the stillness of the niijht. 
 
 The great leader, Henry Plummer, begged hard for 
 his life, cried like a child, asked to be chained down, 
 offered to leave the country forever, and declared 
 that he was tivo wicked to die. In his i>ossession was 
 found a papei' describing the band, giving an account 
 of their movements and their future plans. This 
 document contained the names of eighty members of 
 the foul fraternity whose extermination the C*ommittee 
 were earnestly at work to accomplish. Plummer was 
 the most notorious of Montana desperadoes, and his 
 organization the most powerful of early times. 
 
 TiiC (.;ase of John Wagner was now considered by 
 ! :i(} Ciiiiniittee, and it was unanimously decided that 
 h .shv'uld be hanged as a highwayman and robber for 
 hL villainies of the past four years. A committee 
 ot oi.^ was appointed to notify him that he would be 
 led to execution within an hour. At first his trepi- 
 dation was extreme; he begged that they would 
 punish him in any other way. ''Cut off my legs and 
 arms," he said, "and let me go; you know I could do 
 nothing then." His native courage did not desert him 
 ultimately, and the bravery he exhibited when on the 
 J allows excited the sympathy of his executioners. He 
 
m 
 
 POPULAR TRIBUNALS OP MONTANA. 
 
 was led to the building where his comrades had been 
 executed, and saw their stiffened bodies ready for 
 burial. He gazed at them stolidly; a few hours later 
 and he was laid beside them. 
 
 On the morning of the 14th of January 1864 the 
 vigilants of Virginia were to be seen fully armed and 
 stationed in all directions so as to prevent the egress 
 from the place of any one; at the same time volun- 
 teers from the neighboring vicinity were gathering in 
 the main streets. Boone Helm, Jack Gallagher, Frank 
 Parish, Haze Lyons, and George Lane, or Club-foot 
 George, wliose arrests had been accomplished, were 
 pinioned mikI brought in front of the Virginia Hotel 
 and arrau ( ' ' ; a row. They each confessed sepa- 
 rately to crii but none of them gave any full con- 
 fession. They were taken to a building just being 
 erected on the corner of Wallace and Van Buron 
 streets, where the main beam running across the build- 
 ing answered admirably the purpose of the Committee. 
 Here the five were executed. Haze Lyons and Stin- 
 son, who was hanged at Bannock, had been tried in 
 Virginia by a legal court in June 18G3, on the charge 
 of the murder of Dillingham, and were acquitted. 
 Lyons confessed to this murder now. 
 
 At their arrest and execution their various charac- 
 teristics were freely displayed. Ja '• Gallagher aii- 
 peared to treat the matter as a joke at first, but when 
 fully satisfied as to its reality, cursed vehemently. 
 While standing below the gallows he used continual!}' 
 the most profane language. His last words were, "I 
 hope that forked lightning will strike every one of 
 you." Boone Helm, looking at the muscular contor 
 tions of Gallagher, said, "Kick awa}^ old fellow; I'll 
 be in hell with you in a minute. Every man for his 
 principles. Hurrah for Jeff Davis! Let her rip!" 
 Other incidents are recorded in regard to the last 
 hours of all these men, but they are too revolting to 
 repeat. 
 
 Boone Helm had emigrated from Missouri in the 
 
BOONE HELM. 
 
 6Sff 
 
 early part of 1 8 50. Ho had committed a murder there, 
 and had been pursued and brought before a court. 
 After the third postponement of his trial he was set 
 free, and coming to ( ^alifc^rnia is said to have killed a 
 dozen men on these western shores. He was abimt 
 forty years of age at the time of his execution. He 
 seemed to be one of the most hardened of these des- 
 peradoes, without one redeeming quality. One of the 
 first incidents mentioned of him in the territories is 
 when, at Salt Lake City in the spring of 1858, he 
 was in company with one Powell who liad been 
 trading with tlie Fhxtheads. Helm left The Dalles 
 the autumn previous for Salt Lake in compari}' with 
 seven gamblers, v 'irrying all the necessary implements 
 of their professioa, uud a race-horse which was to beat 
 anything in Utah. It was a short cut to that .land 
 where no stranglers are, and all of them r(\ached it 
 on the way except Helm. After four days' tight with 
 natives a snow-storm set in, in which six of the villains 
 perished, Helm shooting the last one, who had become 
 snow-blind, for food. Soon after reaching Utah, Helm 
 joined Johnson and Harrison's band of horse-thieves, 
 made raids into California, and stole animals from the 
 overland company and the militar}'. At Lodi the 
 quartermastei, recognizing and attempting to arrest 
 him, received a ball in the head. Next we find Helm 
 at Los Angeles, where he robbed a store -keeper; 
 then we hear of him at the Salmon River mines 
 shooting a man one Sunday afternoon tor refusing to 
 drink with him. He then escaped to Cariboo, where 
 a life of violence soon made the country too hot to 
 hold him. Between the Quesnelle and Antler Creek 
 he assisted at the killinu' and robbing of three traders. 
 Then making his way to the Bannock nnnes, he con- 
 tinued his evil course until the people in self-defence 
 rose and hanged him. 
 
 On the 15th of January twenty-four men lefi, 
 Nevada intent on the arrest of the remainder of the 
 band. The first day's march brought them to Clarke's 
 
 I 
 
 ni 
 
POPULAR TRIBUNALS OF MONTANA. 
 
 rancho, where Steve Marshland was found in bed 
 and captured. His feet were frozen and he was 
 wounded, as the Committee already knew from the 
 confessions of his associates. He was brought out of 
 his hut and hanged immediately. On the next after- 
 noon, at Deer Lodge Creek, another halt was made, 
 and Bill Bunton was next arrested. He attempted 
 resistance, but was unable to cope with his plucky 
 captors. He was taken to a house in the neighbor- 
 hood, where the vigilants passed the night and break- 
 fasted. Another detachment arrested one Tex. As 
 Bunton 's guilt was unquestioned, he was speedily ex- 
 ecuted not two hundred and fifty feet from the house. 
 Tex was banished from the country, though afterward 
 testimony enough against him was obtained to have 
 cost him his life. 
 
 Skinner and Alex Carter were next secured at Hell 
 Gate. Carter was stupid from drink ; when he recov- 
 ered his senses and was told of the convictions and 
 executions he said, "All right; not an innocent man 
 hung yet." These men were taken to Higgins' store, 
 Vvhcre after an examination of three hours sentence of 
 death was passed on them. Both of these men were 
 noted criminals. George Ives had accused Carter of 
 the murder of Ibalt. Carter denied that charge, but 
 said he was accessory to the crime, and told where 
 the mules were which belonged to Ibalt. 
 
 It w^as said of Carter that when he left the east it 
 was with an unblemished reputation; that he had been 
 trusted in money transactions, and deserved the con- 
 fidence of his employers. Here in INIontana all was 
 different, and evil associates sealed liis doom. 
 
 Skinner was of a very different stamp. He was a 
 saloon-keeper in Idaho, of a l^lood- thirsty tempera- 
 ment, and had always had a bad reputation. He 
 endeavored to run from his captors in order to be 
 shot rather than hanged, but his object was easily 
 thwarted. 
 
 A small detachment started off for Bitter Root 
 
MORE CAPTURES AND EXECUTIONS. 
 
 687 
 
 Valley ill pursuit of Bill Graves or Whiskey Bill. 
 He was captured with but little difficulty. Placed on 
 horseback, with a vigilant in front of him, he was 
 taken under a tree, when he was given an opportunity 
 to make confession, which he refused. The rope being 
 adjusted, the vigilant suddenly put spurs to the horse, 
 and as the animal plunged, Bill Graves was thrown 
 from his seat, and quickly swung lifeless in the air. 
 
 Skinner and Carter were executed at Iliggins' 
 corral. The people had dug their graves, and at mid- 
 night witnessed the execution by the fitful light of 
 their torches. Johnny Cooper, a lieutenant of the 
 band, who had been wounded by Carter in a recent 
 quarrel, unable to walk, was brought in a sleigh to 
 his place of execution, and hanged on the same spot 
 where his comrades had expiated their crimes. 
 
 Eight men were sent the same night in pursuit of 
 Bob Zachary and George Shears. As one of the 
 vigilants entered the house where Zachary was, he 
 found him sitting up in bed, and throwing himself 
 upon him, held him down until the others were able 
 to pinion him securely. George Shears, although 
 armed, made no resistance, and from the time of his 
 arrest maintained the utmost indifference to his fate. 
 
 On the authority of Dimsdale, "Shears addressed 
 his captors at the time of his execution in the follow- 
 ing unique phraseology: 'Gentlemen, I am not used 
 to this business, never having been hung before. 
 Shall I jump off or slide off?' Being told to jump off, 
 he said 'All right!' and leaped into the air with as 
 much sang-froid as if bathing." 
 
 Zachary was also executed, within an hour after his 
 arrest. 
 
 At the time of the execution in Virginia of Boone 
 Helm and four others, another criminal, Bill Hunter, 
 was a marked man, but he effected his escape for the 
 time being. Now was his capture determined upon, 
 and after severe exposure and many difficulties he was 
 found in a cabin about twenty miles from the mouth 
 
688 
 
 POPULAR TRIBUN.VLS OF MONTANA. 
 
 of the Gallatin, where he had taken refuge from a 
 heavy snow-storm. During the intervening time he 
 had kept himself coneealed during the day, seeking 
 food at night. He was immediately exeeuted, the 
 3d of February, on a lone tree near the cabin, in 
 full view of travellers on the trail, so that his asso- 
 ciates might find his body and take warning. This 
 was the last execution of any of Plummer's band. 
 The reign of terror was now over. 
 
 In February 1864 the Montana Vigilance Con)- 
 mittce comprised over one thousand members, exer- 
 cising sway over the country round the settlements 
 of Virginia, Bannock, and Nevada City, and far be- 
 yond. 
 
 Almost every one of the several hundred embryo 
 cities of the western coast, at some period of their early 
 history, and many of them at many difteront times, 
 have been cursed with a town rowdy, who, full of 
 bi'avado and fiery drink, licavily armed \vitli bowie- 
 knife, six-shooter, and gun, usually with a few fol- 
 lowers at his lieels, stalked the streets, making day 
 disaijrccablc and nij^ht liideous. Ho is not such as 
 life-insurance .-agents seek as a risk; for once filled 
 with the ambition for acquiring villainous distinction, 
 his career is usually of short duration. He is the 
 foolish miller of the mining towns, who flutters for a 
 moment in the polluted light of self-extinguishing 
 vice, then drops besotted into the flame. 
 
 Such a one was J. A. Slade, well known in Vir- 
 ginia City, Montana, in the spring of 1864; a man 
 well conditioned so far as the world goes, for he had 
 a good wife and a fine rancho on the Madison branch 
 of the Missouri River. He had lived for many years 
 in Clinton, Illinois, respected on account of his fam- 
 ily and for his own good qualities. Subsequently his 
 character changed; and when he came west it was as 
 a fugitive from his native state, for he had killed a 
 
SSLADK THE DESPER.VDO. 
 
 (IMJ 
 
 man in a quarrel, and was jjursucd by a Hlioriff [\)i' 
 several hundred unless. In Virginia he gave little at- 
 tention to business, ior he was two thirds ot" his tinit.* 
 in town, where he would drink and carouse with his 
 companions, to the neglect of family and property. 
 His boldness in crime intimidated the officers of the 
 law, for he openly detied them. Once when he was 
 known to be sober the Vigilance Connnittee sent him 
 word that unless he bettor regarded the public peace, 
 which sliould be preserved at all hazards, he nmst 
 suffer the consequences of his evil ways With his 
 usual fool-hardihood he disregarded the warning and 
 continued his practice of abusing law-abiding citizens, 
 in several instances going so far as to even slap tlieui 
 in the face, and threaten in his expressive language 
 "to bore them thi-ough" if they offered to oppose his 
 ])layful wickedness. 
 
 On the 8th of March two houses kept by women 
 were entered at night by Naylor Thom[)s<)n, Harden, 
 tSlade, and others, who a[)|)ro[)riale(l whatever tliey 
 could make available, malieioiisly deniolisliing evei-y- 
 thing else. The pr()})riet()r of one of the ])laces, 
 called ]\[o]l Featherlegs, brought a suit before Judge 
 Davis to recover damages. The suit was j)rosc(aited 
 by the best talent, and a jury of twelve miners formed, 
 who feared not to act upon the testimony On the 
 morning following these depredations, Sladc and his 
 companions were unusually c(Miibative'. They were 
 frenzied with liquor, and defied any one U) prosecute 
 them. Slade walked the streets with his comrades, 
 freely using the most abusive language to any with 
 whom he happened to come in contact. An attenq)t 
 was made to arrest them, but seizing the waiiants 
 they destroyed them, and roamed and roared as usual 
 until other warrants could be obtained. Threatening 
 vengeance to the court, Slade called at Jud^e Davis" 
 office, flung at him insulting epithets, and told him in 
 a most insinuating way that some men's days were 
 numbered. Then he walked away and entered a 
 
 Poi'. Tiun., Vol. I. 41 
 
GJO 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 certain house. He had been there but a short time 
 when it was surrounded by a company of three hun- 
 dred men, members of the Vigilance Committee. 
 They were all armed, and acted with preconcerted 
 method, placing a guard about town, and fully pre- 
 paring for resistance. This was about four o'clock in 
 the afternoon; bu.siness generally was suspended, and 
 though no excitement was exhibited the streets were 
 filled with people in a hushed state of expectancy. 
 Few knew who was to be arrested. A strong forcd 
 then entered tlic building and took Slade prisoner 
 with but little resistance. He was marched down 
 the street to a rnvino, wliere to his dismay he saw a 
 newly erected gallows prepared for him. As death 
 stared him in tho face he was cowed; his defianot' 
 was now changed into piteous supplication; he ner- 
 vously glanced about him only to behold the hills, 
 streets, and liouse-tops covered with men, women, 
 and children, who to witness his execution had thus 
 <'()me together. The prisoner begged that he might 
 see his wife; this request was denied, and he was 
 ordered to mount the scaffold. Ten minutes weri' 
 then given him in which to prepare for death. He 
 asked permission to speak with Judge Davis, lawyer 
 Sanders, and others. Judge Davis responded, wlieii 
 the prisoner begged most beseechingly that he would 
 entreat the people to believe in his innocence, and 
 that instead of taking his life allow him to leave the 
 country, and he would go anywhere they directed. 
 Judge Davis told him that he was powerless to help 
 him. Again he urged that he should be allowed time 
 to see his beloved wife before he died. A message 
 had been sent to her an hour previous, but of this 
 fact the Conmiittee was ignorant. The I'ope was ad- 
 justed, and feeling confident that his death was now- 
 certain, his fixce turned deadly pale and his trembling 
 legs could scarcely support him. His cries for his 
 wife now became more vehement; he must see her, he 
 jsaid, to arrange some business matters. Again as his 
 
ARRIVAL OF MRS SLADE. 
 
 m 
 
 armH wore bound he cried, "For God Almighty's 
 sake, let me see my beloved wife I" The crowd became 
 greatly excited; the strongest emotion was exhibited, 
 and cries of "Let him see his wife!" emanated from 
 every quarter. A rush for the gallows was imminent, 
 and a fight was only prevented by the sudden levelling 
 of three hundred guns upon the turbulent mass that 
 now tossed like an angry sea. A subdued quiet 
 quickly followed, broken only by the continued appeals 
 of the prisoner, which were now unavailing. His 
 immediate execution was determined upon ; for if 
 they relented and allowed him extra time he might 
 be rescued by his friends. With eyes unblinded the 
 trap was sprung, and the man fell thirty inches, the 
 toes just touching the ground. After hanging fc»r 
 half an hour the body was taken down and conveyed 
 to the Virginia Hotel. 
 
 The crowd was slow to disperse; no complaints 
 were uttered aloud except by Naylor Thompson, 
 Slade's late companion in iniquity, whose threatenings 
 of vengeance were silenced by tlu! guard, who marched 
 him to the gallows and would have executed him but 
 for the I'cmonstrance of the by-standers. He was lib- 
 erated with the understanding that he should be ban- 
 ished from the country. 
 
 The excitement consequent upon his arrest and 
 release had scarcely subsided when Mrs Slade drove 
 up to the hotel, and alighting was conducted to the 
 room where the body of her husband lay. It was 
 scarcely half an hour since he had been carried from 
 the gallows, and not until Mrs Slade entered the 
 apartment did she receive knowledge of his death. 
 Her grief seemed overpowered for the moment in 
 thinking of the manner of his taking- off, and she 
 prayed that God's vengeance would descend upon tb' 
 murderers of her husband. She asked why some 
 one did not shoot him instead of suffering him to die 
 a felon's death. The sympathy of the community was 
 with her, for she had always borne an excellent repu- 
 
 
 (IV • 
 il-;; . 
 
«1)2 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 tjition among u largo circle of acquaintances. At lior 
 request the body was temporarily interred in the vil- 
 lage cemetery, and afterward removed to Illinois. 
 
 Dimsdale, writing of Captain Slade, says, "There 
 are probably a thousand individuals in the west pos- 
 sessiniT » correct knowledge of the leading incidents 
 of a career that tci-minatcd at the gallows, who still 
 speak of Slade as a perfect gentleman, and who not 
 only lament his death, but talk in the highest terms 
 <jf his character, and pronounce his execution a mur- 
 der. One way of accounting for this diversity ol" 
 opinion regarding Slade is sufficiently obvious: Those 
 who saw him in his natural state only, would pro- 
 nounce him to be a kind husband, a most hospitable 
 liust, and a courteous gentleman. On the contrary, 
 those who met him when maddened with liquor and 
 surrounded by a gang of armed roughs would pro- 
 nounce liim a fienil incarnate." Again ho says, "Cap- 
 tain Slade was tlie idol of liis follower's, the terror of 
 his enemies and t)f all that were not within the 
 charmed circle of his dependents. In him ijjcnerositv 
 and destructiv'eness, brutal lawlessness and courteous 
 kindness, lirm friendshi[) and volcanic outbreaks of 
 fury, were so mingled tliat he seeiin,! like one boi'ii 
 out of date. He should liave lived in leudal times. 
 In modern times he stands almost alone." 
 
 Time was when a stage arriving in safety was a 
 matter for tjeneral coni^ratulation. For a traveller to 
 run this gauntlet of highwaymen without disturbance 
 one would think almost an unusual occurrence. But 
 the war of extermination was conducted with vigor. 
 James Brady, early in the summer of 18G4 living at 
 Nevada City, shcjt one Murphy, whom the physicians 
 declared could not live. The people argued in this 
 wise : If with malice prepense Brady points a weapon 
 at Murphy and fires, is not Brady equally guilty 
 whether the shot proves fatal or not? The law said 
 no; the people said yes. Murder was in the heart, in 
 
WHIPPING AND IIAXOING. 
 
 e«i 
 
 the mind, in the cyi; and finger of Bimly, and ho is 
 very whit a murderer as much witli Murphy livinj^ 
 as with Murphy dead. Certain absurdities are essen- 
 tial to law. And this is one of them: that if the l)all 
 strikes a rib and so is turned from its deadly errand, 
 tlio crime is called by one name; if it strikes l)ut a 
 trifle higher or lower, tlie crime is called bv another 
 name. Yet the purposi; was one, and the ])unisliment, 
 if the law was perfect in its action, would be iine. The 
 law, however, is obliged to judge; intentions from re- 
 sults; and lierein tiie law is deficient. 
 
 Brady was i)roprietor of a drinkmg-saloon. Wiicn 
 he saw what he had done ho throw away his weapon 
 and lied, but was soon overtaken l)y officers of tlie 
 A'^iijilance Committee and bi-oULrht back to town. The 
 ne.\t moi-ning he was tried by tlie j)eopl(' and sentenced 
 to die. Five tliousand persons witnessed Brady's ex- 
 ecution. He was marched to the gallows just outside 
 the town by a guar<l of two hundred vigilants. 
 
 J(;ni Kelly, Brady's barkeeper and assi^.ant in the 
 shooting, was present at the trial and execution of his 
 friend, and was himself adjudged deserving of fifty 
 lashes on his bare back, which punishment was in- 
 flicted in an unfinished house near by. Afterward 
 Kelly took to the road, and, as will bo seen, pur.suod 
 his evil career. In July a coach was robbed between 
 Virginia and Salt Lake. A party of ^Montana vigil- 
 ants set out in pursuit of the robbers. Learning that 
 Kelly was implicated in the robbery, and that he had 
 been indulging in other irregularities, thcv finallv 
 succeeded in catching him on Snake River, and after 
 a trial he was hanged. His chief regret seemed to be 
 in having to suffer two punishments, whipping and 
 hanging. 
 
 At Salt Lake City in August f 864 one John Dolan 
 was brought before the provost marshal for examina- 
 tion on a charge of having stolen some seven hundred 
 dollars from James Redmond of Virginia, Montana. 
 
694 
 
 POl'ULuVll TRIBUNALS OF MONTANA. 
 
 The prisoner had been arrested by John McGrath, an 
 executive officer of the Montana Committee of Vigil- 
 ance, then embracing nearly all of the better class of 
 inhabitants of the territory. 
 
 As a matter of course, the man had been arrested 
 without process of law ; McGrath had no warrant for 
 his custody. He was present at the examination, 
 as was also Featherstone, deputy- sheriff of Madison 
 County, Montana. After hearing the statements of 
 both sides, the provost marshal decided that he had 
 no jurisdiction in the matter. There had been no- 
 where filed any affidavit alleging offence. No warrant 
 had issued from any legally constituted body. He 
 .simply found himself in charge of a man against whom 
 no proceedings had been taken. If the prisoner had 
 committed any offence, continued the judge, either in 
 this or in an adjoining territory, the proper course 
 would have been to have taken him before the civil 
 authorities, who upon application would have issued a 
 warrant for his arrest and transportation to the proper 
 place for trial. Such proceedings having been neglected, 
 the provost marshal decided that he had the authority 
 neither to hold the man nor to deliver him to either 
 of the applicants for his custody, which applicants 
 were the civil authorities of Madison County and the 
 Vigilance Committee of Montana, by their respective 
 officers. It was therefore ordered that John Dolan 
 be discharged from the custody of the provost guard. 
 
 This was done. The law acknowledged its impo- 
 tency, and let loose one of a class who were preying 
 upon the vitals of a large and widely scattered com- 
 munity. Not so the Vigilance Committee. There 
 were more members of the association at that time 
 in Salt Lake City than McGrath. Dolan had not 
 proceeded far from the precincts of the law which 
 had treated him so kindly, when he was seized and 
 thrust into an outward-bound stage, which carried 
 him back to the scenes of his irregularities and to tlie 
 custody of those less trammelled by forms of justice. 
 
DOLAN, SLATEE, KEENE. 
 
 C9.> 
 
 They arrived at Nevada on the 16th of September. 
 His trial was a lengthy one, but his guilt was conclu- 
 sively proved, so that his confession was only in con- 
 firmation of what was already known. He offered to 
 make good to Redmond his loss if the Vigilance Com- 
 mittee would release him. Three hundred dollars had 
 already been recovered. The sentence pronounced by 
 the Committee was death by hanging, and was carried 
 into effect at sundown of Saturday evening, the 17tli 
 of September, in the presence of thousands of people 
 assembled from neighboring districts. Immediately 
 after the execution of Dolan the remaining sum of 
 four hundred dollars was collected and handed ovei- to 
 Redmond, so that by the death of the miscreant he 
 should not be defrauded of the money. "An act of 
 scrupulous honesty, probably never before paralleled 
 in any citizens' court in the world," says Dimsdale. 
 
 Before the arrest of Dolan letters had been re- 
 ceived informing the Committee that he was an asfsu- 
 ciate of Kelly who was hanged at Snake River, and 
 accessory to many crimes. 
 
 Henry Slatei- was a rough of reputation. In Utah 
 and Nevada he was well known, too well known for 
 his own comfort; so when diggings were discovered 
 at Last Chance Gulch, on the edge of Prickly Pear 
 Valley, near where now is the town of Helena, he 
 was the first to cast in that camp his evil lot. 
 
 At Salt Lake he would have shot Colonel W. ¥. 
 Sanders in the back had he not been prevented by 
 by-standers. For this and many other outrages he 
 would have died had he not saved his life by suil- 
 den flight from Virginia. John Keene was likewise 
 a bad man. He was once baikceper for Samuel 
 Schwab at Virginia. He too came to Helena, not 
 for the purpose of curbing liis evil propensities, but 
 that he might the more unrestrainedly indulge them. 
 Between Slater and Keene a feud had long existed. 
 Neither knew that the other was in town, when one 
 day as Slatei* was sitting in front of a saloon with his 
 
696 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 hat drawn over his face Keene came along, looked at 
 him sharply for a moment, and then without a word, 
 drew his pistol and planted two balls in Slater's body, 
 which ended forever that desperado's career. Keene 
 was arrested, and in the absence of a jail, the sheriff 
 confined him in his house. A crowd gathered. Prom- 
 inent among its expressions of feeling was that of 
 disgust. Taking the prisoner from the sheriff they 
 marched him into a lumber-yard near by, appointed a 
 jury, and proceeded to try him. The trial lasted far 
 into the night, a strong guard meanwhile being Icept 
 round the piisoner. Finally he was found guilty and 
 executed. Thus the camp was cleared of two of its 
 most venomous inhabitants. 
 
 This was the first execution in Helena; the prisoner 
 was hanged fiom a tree in Dry Oulch, wliich after- 
 ward served that purpose repeatedly for thieves and 
 murderers in the northern part of the country. 
 
 John Keene was also known as Bob Black. In tlie 
 Memphis Appeal of November 24, 1865, is an article 
 giving an accoimt of an unparalleled <'ataloguc of 
 crime, of which Bob Black was the hero. After "a 
 career of desperation and crime, which if given in its 
 details woiild cause the blood-thirsty tf\lcs of the 
 yellow-covered trasli to pale for their very puerility 
 and tameness, he escaped from Memphis, and with a 
 couple of accomplices began a system of wholesale 
 murder and lobbery on the Hernando road. The 
 atrocity and boldness of these acts created tlie greatest 
 excitement in Memphis." After leaving that city 
 Kelly went to Miimesota under his own name. Be- 
 fore long he organized a band of twenty men and 
 transferred his depredations to a wider sphere through- 
 out the territories. 
 
 Writin«)f from Montana one savs: 
 
 "A few rods Houtli of Helena, and just west of the present overland staj,'(-! 
 road where it trussed Dry Guluh, and directly in the gulch, there stands ii 
 venerable pine, whoso massive lower brandies of weird and fantastic growth 
 extend twenty feet or more from tiie gnarled and moss-covered trunk. Years 
 ■ince it lost its foliage, and now it is gradually yielding to decay, and ere long 
 
THE HISTORIC PINE. 
 
 697 
 
 a clotl of vegetable mould will alone remain to mark the site of the famona 
 hangman's tree. Could the old pine speak, what tales it could tell ! But perhaps 
 'tis best that speech is not given, and that with the life of the old tree should 
 pass the recollection of those early days when, forbearance having ceaaeil to bo 
 a virtue, a short shrift and a hempen cord became necessary to rid tlic country 
 of the desperadoes that infested it, and thus secure long needed protection to 
 lives and property of honest citizens. Now law and order reign throngliont 
 the territory, and justice is attainable and administered througli regular 
 channels, and it is to be hoped that never again will circumstauces call for or 
 justify the formation of such an organization aa was that of the Vigilance 
 Committee." 
 
 During a long and successful career of twelve 
 years' duration, Jacob Seachriest, sometimes called 
 Jake Silvie, had practised brigandage. Ho counted 
 his uuirdors at the rate of one a year, that is to say 
 twelve in all. Shortly after Koene's execution Sea- 
 chriest was arrested at Diamond City upon divers 
 charges, which, when his arrest was known at Helena, 
 were greatly multiplied. The Helena vigilants then 
 took the matter in charge, brought the prisoner to 
 town, and confined him in the same r-abin whtn-c 
 Keene's last night was spent. Thence hv was taken, 
 after trial and condemnation, to the histori" tree in 
 Dry Gulch. 
 
 When Seachriest found denial of guilt was of no 
 avail, he unburdened his mind by a full I'ecital of 
 atrocities committed. Previously, howcvta', he liad 
 begged for a minister, and appearing ri'|t(Mitant was 
 baptized. 
 
 Three horse-thieves were hanged by th(! Committee 
 of Vigilance of Montana on the 10th of June IH()(5 
 near Helena, and the Committee were then in pursuit 
 of others. Throughout all the more thidcly settled 
 portions of the territory was posted the following 
 notice : 
 
 " Beware ! The \igilance Committee is in session ! Beware of the careless 
 use of tii'e-arms ! 
 
 "By order of the Committee ok Vigilance." 
 
 The 27th of September 18G5 two horse-thieves 
 named Jones and Collins, but called respectively Jack- 
 
698 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 son and Morgan, were executed by the Vigilance 
 Committee. The occupation of lawyers and judges at 
 this time and in these parts was extremely restricted. 
 Two months later, that is to say the 28th of Novem- 
 ber, George Saunders was found hanging upon the 
 old Dry Gulch tree with the following inscription 
 pinned to his back: 
 
 " This r..an was hung for robbing A. Slane of $1180, and for some amaller 
 stealings.'' 
 
 There too, upon the same Dry Gulch tree, perished 
 in March 1866 James Daniels, tried, convicted, and 
 imprisoned by the law for the murder of Andre\\' 
 Gaitley, but pardoned by the governor. Says the 
 Montana Post of the 10th of March of this execu- 
 tion : 
 
 "The judge, as in duty bound, forthwith ordered the arrest of the liber- 
 ated criminal, and then returned to Helena with the acting marshal's order to 
 his deputy, John Featherstone, to secure the runaway, who had fled, it Mas 
 supposed, to that vicinity. There was no such intention as flight in the mmd 
 of Dauiels. He went there to i-cvenge himself on the witnesses, as he had 
 threatened. At Duston Hot Spring Rancho, fifteen miles from Helena, a 
 reliable man informed judges Munson and Strickland that Daniels had told 
 him, when he passed in the coach, that he was going to Helena to attend to 
 one or two jobs of men who had testified against him. A fit subject for mercy 
 was Daniels, surely. This news arrived in town almost as soon as he did. He 
 seemed to feel intuitively that something wis brewing tliat boded no good for 
 him, and he went to Featherstone, who was yet without orders, and asked his 
 protection. He was permitted to stay at the office, and at night that officer 
 accompanied him to the place where he was going to sleep. At Daniels' special 
 request Featherstone went around town to see if he could gather any infor- 
 mation of u suspicious kind as regarded any proposed attempt on the person 
 of the culprit. No symptoms were discovered, and he returned to infor.u 
 Daniels that he was safe. On arriving at the store he was apprised of hi^ 
 having been taken away by parties unknown to the owners of the store, ami 
 in the morning his lifeless body was found suspended from the murderers' tree 
 in Dry Gulch." 
 
 Charles Jewett met an ancient enemy at Diamond 
 City the 4th of February 1866. 
 
 "How are you getting along?" asked the ancient 
 enemy. 
 
 " I will show you !" exclaimed Jewett, who there- 
 upon drew and fired; but failing of its message, the 
 
A THIRSTY SPOT INDEED. 
 
 bullet entered the breast of another whose name was 
 Fisher, wounding him dangerously. The law examined 
 Jewett, and the sheriff took him to Gallatin, where he 
 lived, and placed over him a guard of two. Meanwhile 
 as the facts became noised the people pondered. Jewett 
 was not a lovely character. That he was not now a 
 murderer was through no fault of his; that he would 
 be one if left at large was certain. In common with 
 all men he must die; following the courfie of the 
 wicked he must die soon. Is it not better he should 
 die quietly now, than after further uproar and a pro- 
 miscuous scattering of bullets ? As the resvilt of these 
 meditations and nmrmurings Charles jewett was 
 found hanging next day in full view of Gallatin City. 
 Likewise not far distant was found suspended another 
 unfortunate, of what name, by whom so placed, or for 
 what wickedness, no one seemed to know. 
 
 The Walla Walla Statesman, commenting on affairs 
 in Montana in April 1866, offers the following strong 
 testimony in favor of the Montana Committee of 
 Vigilance : 
 
 "A circular issued by the vigilants of Montana says that the organization 
 is still in active existence, and that all oflfences against iicrsons or property will 
 be summarily punished. Tlie practice of drawing deadly weapons is repro- 
 bated, and those who thus offend are warned that punishment will surely follow. 
 As a rule vigilance committees are objectionable, but in he case of Montana 
 it is doubtful whether honoat men could have remained in the country had it 
 not been for the Vigilance Committee. As it is, life and property are a^ well 
 protected in Montana as in any country iji the world, and all because the 
 people have taken the law in their own hands." 
 
 Two miners at German Gulch, J. L. Goones and 
 Hugh Dowd, lived together all winter, working by day 
 and sleeping at night. All went well until one day 
 in April 1866 the two men drank and disputed. 
 Goones stabbed Dowd, and the people hanged Goones, 
 though Dowd was not then dead. 
 
 Dry Gulch again; June 1866. 'Frenchy' he was 
 called, but his right name was John Croucliet. He 
 was thirty-five or thereabout and came from the Boi.su 
 country to these parts. Frenchy was a sort of limb 
 
700 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 of the law, which circumstance led him to the limb 
 of the hangman's tree. Elevated to the post of night- 
 watchman, he stole seven hundred dollars from a 
 drunken man : a very mean thing for even an officer 
 of the law to do. With four hundred dollars of it he 
 made himself first interesting, then roaring. When he 
 could drink no more, being under confinement, repent- 
 antly he returned three hundred of the dollars. Upon 
 the back of what was Frenchy his epitaph was posted : 
 
 " No. 7. A robber, perjurer, and one who tried to swear away the lives 
 of innocent men. An old offender caught at last." 
 
 Then began men's consciences to question them: 
 Had they ever robbed or sworn wrongfully, and should 
 they too some morning awake to find what remained 
 of themselves hanging upon the classic tree? 
 
 Twenty of the best citizens of Argenti banded the 
 28th of December 1866 for protection against crime, 
 unable longer to endure the glorious uncertainty of 
 the law. 
 
 Fat cattle were Jim Walter's fancy; though Jim 
 Walter was his work-day name only, which he em- 
 ployed as one puts on a suit of soiled clothes for dirty 
 work. Arrayed in respectability, and James P. Staley 
 was his name. But whatever his name, he had a 
 fondness for fat cattle. He was not particular where 
 they were fatted, on the Missouri or in the valley of 
 the Gallatin, but the more convenient they were to 
 his unpretentious slaughter-house on Willow Creek 
 the better. There was a good market for the meat 
 in that vicinity, too. This was at Helena, and early 
 in January 1867. Presently the stock-raisers began 
 to miss their finest cattle, and Staley was charged 
 with having stolen them. He concluded, all things 
 being weighed, that it was best for him to leave that 
 place. Opposed to walking, he took a horse that was 
 not his and rode away. A body of cattle-raisers was 
 soon after him. Staley was forced to quit the road and 
 plunge into a thicket. Night coming on, the pursuers 
 
LAST OF CHARLES WILSON. 
 
 701 
 
 built a large fire, when their game was discovered 
 lying flat upon his breast pointing his pistol at them. 
 To an order to come out he replied by discharging 
 his weapon. The party then fired simultaneously, and 
 the fellow was riddled with bullets. 
 
 From a tripod formed of three fence-rails twelve 
 feet in length the body of Charles Wilson was found 
 dangling one morning in September 18G7. It was by 
 the stone-quarry near Virginia. The body was fully 
 dressed, the hat upon the head, the pockets untouched, 
 and on the ground lay a blanket. The feet just 
 touched the grass, and the single word "Vigilaiits" 
 labelled the back. Wilson had been a companion of 
 Slade's, an employe of the express company, a mem- 
 ber of militia company D, and lu^lper on tlic overland 
 railroad. Last of all, his occupation was tliat of road 
 agent. It appears that a secret association had re- 
 cently been organized, numbering thirty-five actixe 
 agents, with over a hundred supernumeraries, who 
 stood ready as occasion required to assist, shield, and 
 comfort members of the brotherhood. The purposes 
 of the organization were robbery, and when deemed 
 expedient, incendiarism and murder. The thirty-five 
 were to do the work; the one hundred to assist escape, 
 or if any were captured to act as jurors, witnesses, and 
 bondsmen. The overland treasure shi})ments were to 
 have their especial attention; likewise the burglary of 
 certain stores in Virginia. Several prominent citi- 
 zens, who objected to spend their lives in planting for 
 others to reap, were also marked for murder. All 
 this and more was imparted by one who had recently 
 been sworn in as member; but what he told the Vig- 
 ilance Committee they already knew. Thus after a 
 respite in this quarter began an«w the work of exter- 
 mination. One Douglass, a cattle-thief, escaped from 
 the Helena prison, and falling into his old ways again 
 was caught and executed by thief-hunters. 
 
 For some time past the Virginia Committee had 
 remained passive, leaving to law its opportunity. 
 
 I 
 
702 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 During their former exercise of power they had suc- 
 ceeded in intimidating crime, and a period of quiet 
 followed. But the discovery of the existence of a new 
 and powerful criminal organization awoke them to the 
 necessity of renewed action, and the execution of 
 Wilson was the beginning of a new regime. The re- 
 vival of activities on the part of the Vigilacce Com- 
 mittee called forth much discussion. There w^as less 
 partisan spirit manifest now than formerly. Now 
 almost all the Montana journals without regard to 
 politics, unite in awarding the highest praise to the 
 vigilance organization. Says the Helena Gazette, the 
 leading democratic paper in the territory, in October 
 1867: 
 
 " With many of our good citizens, we have deprecated the existence of 
 such an irresponsible body in Montana aa a yigilance committee, but cliicfly 
 deprecated its, at times, necessity. That this organization brought urdur 
 out of the most bloody anarchy in Montana, at a time when law was power- 
 less, its executive oihceu being in the hands of villains, no one at this Juy 
 doubts. That many cold-blooded murderers and daring robbers have gone 
 unwhipped of justice since they ceased to take cognizance of such matters is 
 also true, and has been lamented by all good citizens who wished to see the 
 law predominant." 
 
 A. K. INIcClure, writing from Montana in the autumn 
 of 1867 to the New York Tribune, says of tlic vigil- 
 ance organization : 
 
 "Of the brave men who inaugurated and openly sustained this movement, 
 DO one can justly be awarded exclusive praise ; but there; is one who figures 
 as conspicuously in the history of the vigilants as did I'himnicr in the reign 
 of terror. Some twelve years ago I was accustomed to meet on the streets 
 of Chambcrsburg, Pa., a young man named John X. Beidlcr. His frugal 
 wants were supplied by the manufacture of brooms, and finully he mixed tlie 
 best of cocktails and juleps at a neighboring summer resort. lie was as 
 amiable and unofTending a lad as the community could fnrnisli, and his jolly, 
 genial humor made him a favorite with all who knew him. Although he liad 
 attained liis majority, ho Mas scarcely live feet six incliea in height, and was 
 far below the average of men in pliysical jjowers. He linallj' wandered west 
 in search of fortune, and soon after the advent of Plummer came X., tlie only 
 name by which he is universally known in Montana. Thus the l)ane and the 
 antidote were close upon each other. Strong in his inhjrent love of honesty, 
 a stranger to fear, not powerful, but quick as thought in his actions, and limi 
 in his purpose as the eternal mountains around him, ho naturally entered 
 promptly and earnestly into the efifort to restore order and safety to society. 
 
JOHN X. BEIDLER. 
 
 703 
 
 That littlo was expected of him when he first cast his lot with the stem re- 
 formers is not surprising, but his tireless perseverance, unfaltering courage, 
 and siiiguhu- skill in thwarting the pluus of the common enemy, soon made 
 him the chief pillar of the organization and the unspeakable terror of every 
 desperado. This diminutive man, without family or property to defend, has 
 himself arrested scores of the most powerful villains, and lias executed, in 
 open day, an equal number under the direction of the wonderful fountain of 
 retribution that was unseen but was surging around the hasty scaiTold. So 
 expert is he with his faithful pistol that the most scienced of rogues have 
 repeatedly attempted in vain to get the drop on him ; quick as a flash his 
 pistol is drawn, cocked while drawing it, and presented to the doomed man 
 with the stern demand, 'Hands up, sir !' and the work is done. At one time, 
 without aid. he arrested six of the most desperate thieves in a body, all well 
 armed, and marched them before him to prison. 'Hands up, gents!' was 
 the first intimation they had from him that he had business with thcni, and 
 submission was the only course of safety. Had any one of them attempted 
 to reach toward his belt he would have fallen that moment. There were 
 citizens close by, and how many of them, if any, were sworn to protect and 
 ready to aid Beidler, ho knew, while the prisoners did not. This indefinite, 
 unseen, immeasurable force seems to have over stricken the most courageous 
 thieves and murderers nerveless, when its sudden and fatal grasp was thrown 
 around them. They would fight scores of men for their lives in any ordinary 
 attempt to arrest them, but they were invariably weakened when th-j citizen 
 confronted them in the name of public safety. No formalities were known. 
 No process was read bearing the iiigh seal of the courts. When or where the 
 dread summons of the great unseen tribunal would come none could conjecture. 
 The sleeping companion of the desperado in some distant rancho would prob- 
 ably drink and breakfast with him, and then paralyz<; liim by the notice, 
 'You're wanted — business at Virginia !' In no instance <lid any of the many 
 lawless characters arrested by the vigilants over fire a i>i8tol in their own 
 defence, even when they knew that death was inevitable. In niyst coses the 
 opportunity was slight, but under all ordinary circumstances the narrowest 
 chances would be taken to cfTect escape. From ' X' no criinuial ever got away. 
 To have attempted it would have been but to hasten death. So mucli did the 
 desperadoes respect as well as fear him, that most of them, wlien condemned 
 to die by his hund, committed thuir last rci^uests U) him, and with hiir they 
 have been sacred. Order and public safety have been restore'.!, bu^. lie still 
 has emplo3rment in his favorite line, lie continues to act as the (thief detec- 
 tive of the territory. lie comes niid goes, and none but himself knows liis 
 errand. 'What'sup, X?' is a (jucry that is generally answered, 'After tracks;' 
 and 'Don't know,' is his usual ruply to all questions as to his route or time 
 of departure. Ho has traversed alone every highway and set lenient of 
 Montana, prospected many of the nncxiilorcd regions, and is ever icady, with- 
 out escort or aid, to pursue a criminal wherever he may seek refuge. His 
 career has indeed been most remarkable, iind Iiis escape, urdiarmed, through 
 his innumerable conflicts with the worst men seems almost miraculous. He 
 has recently been appointed collector of customs for the port of Helena, but 
 while there is a thief, a defaulter, a murderer, or a savage >*> disturb the 
 
 i 
 I 
 
7M 
 
 rOPULtVR TRIBUNALS OF MONTANA. 
 
 pcaco of Montana, he will ramain tho most efficient messenger of justice known 
 in the mountain gold regions. Ho has lost none of his genial, kindly nature 
 by his long service as the bearer of relentless retribution upon the lawless, 
 and wherever he goes he is welcomed by every lover of order and government. 
 When ho is upon tho war-path, ' it's no for neathiug the glcd whistles,' and 
 crime has no escape but in timely retreat. Fully three thousand jierfcctly 
 organized men are at his back. They have their companies, officers, minute- 
 men, and messengers in every settlement, and he con rally in an instant 
 scores or himdreds of true men to his side. " 
 
 In connection with this fresh display of popular 
 power there sprang up a new and strange organiza- 
 tion, called by some anti-vigilance, though I should 
 term it rather an opposition vigilance committee, as it 
 seemed to op}jose certain methods of procedure in the 
 main organization, and not the principles themselves. 
 They objected not to popular trials and executioiis, 
 but to dark doings and secret executions by night. 
 The Montana Post, always a strong upholder of vigil- 
 ance, vouches for the honesty and respectability ol' 
 the reformatory association, and expresses the opinion 
 that the members thereof will resort to extreme meas- 
 ures for the fullilinent of their purposes. Here is one 
 of their warning cries ; to say the least, it opens a 
 new phase in the annals of vigilance : 
 
 "Wo now, as a sworn band of law-abiding citizens, do hereby solemnly 
 swear that the first man that is hanged by tho vigilauta of this place, we will 
 retaliate fi\c for one unless it be done in broad daylight, so that all may 
 know what it is for. Wo are all well satisfied that in times past you did do 
 some glorious work, but tho time has come when law should be enforced. 
 Old fellow-members, the time is not like il was. Wo had good men with us ;. 
 but now there is a great change. There is not a thief cornea to this country 
 but what 'rings' himself into tho present Conunittee. We know you all. 
 You must not think you can do na you please. Wo are American citizens, 
 and you shall not drive and hong whom you please. 
 
 "Five poa Onk." 
 
 It is seldom we see a citizen ironed by the authori- 
 ties for participation in a popular movement. Jack 
 Varley worked for a Mr Guezalla at Deep Gulch. 
 The master had made money enough and had con- 
 cluded to leave tho country; the man thought he 
 would like that money, and so determined to rob 
 
PET NAMES FOR H^VNGINQ. 
 
 705 
 
 Mr Guezalla on the road, which ho did, and was pur- 
 Bued and arrested for it by the citizens of Deep Gulch 
 and Beartown. After the people had accomplished his 
 work for him, the Beartown sheriff came forward and 
 demanded the person of Varley, but was told that 
 while he was at largo he might have taken him had 
 he been so disposed, but now all his countrymen du- 
 numded of him was that he should stand aside. The 
 sheriff withdrew, nettled ; and encountering one of the 
 vigilants, McGee, alone and unprotected, under some 
 frivolous pretext he arrested and ironed him, telling 
 him meanwhile that if he would use his influence to 
 have Varley delivered to the law he, McGee, should he 
 released. McGee indignantly refused. Finally the 
 people tried and executed Varley, and McGee was 
 released on bail. 
 
 * Necktie sociable,' * strangulation jig,' and many 
 such euphonious names the people of Montana had 
 for hanging. 
 
 An incident is given of a young man, son of a re- 
 spectable citizen, who in March 18G8 was travelling 
 from Bannock to Salt Lake, and who, overtaking a 
 man with several horses going in the same dirc.-ticMi, 
 naturally joined him. It appears that the stranger 
 with the animals was a horse-thief of whom the Mon- 
 tana Vigilance Committee were then in pursuit. They 
 had not travelled far together when they were over- 
 taken, arrested, tried, condemned, and hanged together. 
 
 One day in August 18G8 as William Hynson was 
 standing in the street near the post-office in Benton 
 he was accosted by one of the citizens of the place : 
 
 "There is a man to be hanged, Bill, and we want 
 you to help us." 
 
 "What's his name? what is he to be hanged for?"' 
 asked Hynson. 
 
 " Never mind that, I have no time to talk ; get tt 
 good strong rope and help me rig it, while the Com- 
 mittee bring the fellow out." 
 
 Hynson obeyed. As long as he was not chief actor 
 
 Pop. Tbib., Voi.. I. is 
 
708 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 in the tragedy it was a pleasure rather than otherwise 
 to be of service to the noble men who were cxercisiu^- 
 so healthful an influence upon society. The rope was 
 brought. Soon a rude scaffold was ready, in the 
 erection of which Hynson assisted with alacrity. 
 "Can't you tell me who the man is?" he asked 
 
 again. 
 
 You 
 
 "No, no; fasten that end of the rope strong, 
 will know all about it presently." 
 
 Coming up by twos and threes, a crowd soon gath- 
 ered, when Hynson was ordered to take his plac«' 
 beneath the gallows which he had helped to erect, 
 for he was the man for whom it was erected. Ho 
 had stolen a rifle from Mr Clagett; he had murdered 
 a Chinawoman, valued by her owners at six hundred 
 dollars; he had knocked down and robbed a freighter; 
 he was a l)ad man, and he must die. Hynson did not 
 like it at all; but forced to comply, he took his posi- 
 tion and was soon dangling. 
 
 Near the eastern boundary of Montana in Sep- 
 tember 1868 Harvey Wentworth, Andy Winenillei'. 
 and William Thomas were arrested for lioisc-stealing. 
 Those who knew the men could scarcely believe tlieni 
 guilty; nevertheless the first two were hanged. Thomas 
 escaped. 
 
 Some time during the winter of 1869-70 J. M. 
 Wood, who had been tried and condemned for the 
 murder of Tliomab J. Duffey and pardoned by the 
 governor, was hanged by the people of Lewistoii. 
 The jail at Diamond City was forced the night of 
 March 12, 1870, and W. C. Patrick, confined for the 
 murder of John Denser, was taken thence by a com 
 mitteo of citizens and hanged. 
 
 I will now give the proceedings of a popular tribti 
 iial which for coolness and precision of judgment can 
 but recommend itself to all lovers of justice. Its 
 occurrence was during the latter part of April 1870. 
 Even at this comparatively late day the people of 
 
THE CASE OF LENHART. 
 
 707 
 
 Montana seemed to regard this method of administer- 
 ing justice as the natural and proper way, being more 
 sure, speedy, and economical than courts of law, and 
 in the main dealing more even-handed justice. The 
 place was Helena, never without a thoroughly organ- 
 ized and eflScient committee of vigilance, and which 
 by this time had had much exp< rience. 
 
 George Lenhart, an old man, useful, respectable, 
 and kind-hearted, was found l)y two travellers near 
 Helena, on the morning of the 28th of April, lying 
 insensible in the road, covered with blood. The sheriff 
 was notified, and medical aid provided, though slight 
 hopes were entertained of his recovery. Regaining 
 consciousness, the old man stated that as he was riding 
 homeward the night previous he was overtaken by 
 two horsemen, one of whom shot him in the thigh with 
 a pistol, and when he had fallen from his horso beat 
 him on the liead to insensibility. Then when they 
 thought him dead the two men rifled his pockets of 
 two hundred and twenty -five dollars; and thoru he had 
 lain all night. Then he described the appearance of 
 the men and the horses they rode. Soon it was ascer- 
 tained at the livery-stable that two men had engaged 
 horses shortly before the attack, which they had 
 mounted and ridden in that direction. After duo 
 search two persons corresponding to the description 
 given by Lenhart and by the stable-keeper were ar- 
 I'ested and lodged in jail. Their names were Joseph 
 Wilson and A. L. Conipton. The men and the horses 
 were then taken to the house where Lenhart now lav. 
 One of the men and one of the horses he recognized; 
 the others he could not positively identify. 
 
 On the evening of the 29th the citizens held a 
 meeting to talk the matter over. There was little 
 doubt by this time as to the guilt of the prisoners. A 
 good man long and favorably known among them 
 had been villainously assaulted. The law was tedious, 
 expensive, and uncertain. Lenhart might recover, 
 and court proceedings thereby become obtuse. Three 
 
708 
 
 POPULAR TKIBUXALS 01' MONTANA. 
 
 thousand or four thousand dollars could easily bo 
 .spent in the trial of these nien. If cleared, any one of 
 them might be their next victim; if found guilty, and 
 Lenhart should recover, tliere was little probability 
 they would be condcnmed to death, in which event 
 three or four thousand dollars more might be sj)ent 
 feeding, clothing, lodging, and watching them during 
 confinement. The men were not worth it. They 
 were not citizens of that place accused of crime, but 
 they were birds of prey, vultures, flying hither and 
 thither, circling round and round, hungrily watching 
 an opportunity to dart upon the defenceless. That 
 they were robbers and murderers was certain, or at 
 all events could easily be made certain. It was of no 
 consequence at all to minds tempered like theirs 
 whether Lenhart lived or died; these men were mur- 
 derers, and very brutal ones, whether he recovered or 
 not. It was well enough for the law with its moun- 
 tains of precedents, its j)rofounder insight into this 
 and that, to distinouish between killimTf a man very 
 dea<l or (jnly Icilling liim a little, if it wished. Foi- 
 them, law and learning to the contrar}^ notwith- 
 standing', it was enough to know that a citizen had 
 been shot, beaten senseless, and robbed; to know 
 that the persons doing it wei-e worthy of death, were 
 not worthy of long and expensive talk about it. Thus 
 argued the meeting. And the more these coarse prac- 
 tical brains revolved tlu^ matter, the more sure ol" 
 right their owners were. 
 
 They would sleep on it. The meeting adjourned 
 to ten o'cloc'k next day. An hour before the time a 
 thousand men had gathered at the court-house, whicli 
 was the place appointed. The assembly was called to 
 order and Harvey English appointed to preside. ]\fr 
 English stated the purpose of the meeting in a some- 
 what lengthy speech, as every man knew what he 
 was there for. He rehearsed the circumstances of 
 the old man's treatment, and stated that the perpe- 
 trators cf the deed, if found, should be punished. 
 
WiLSOX ANT) COMPTON. 
 
 700 
 
 Suspicion pointed at that moment to two men lying 
 in the jail, and in order to avoid the law's delay and 
 uncertainty, he proposed that the citizens should re- 
 lieve the law which they had made, and the office is 
 of the law whom they had appointed, from the burden 
 and responsibility of trying these men, and that they 
 should be brought before a bar of the whole pe()[)ie, 
 that they should be impartially tried, and if found 
 guilty, executed. 
 
 Thereupon the speaker took his seat, which con- 
 sisted of a cliaii' on the landing of the court-house 
 steps. There was not the slightest excitement visible 
 anywhere; all was as quiet and orderly as at a eamp- 
 nieotinjj. A well known nu'rehant of the town liftin*!' 
 liis liat tlien moved that a committee or jury of twenty 
 citizens be ap})ointe(l to obtain evidence, to listen to 
 accusation and defence, and declare to tlii' asseml)le(l 
 people tlie guilt or innocence of the i)ersons diarged 
 with the crime. The motion [)assed; the committee 
 were clioseii, and retiriniif to a room be<>an at once their 
 task. They appointed a marshal, .]ose})h Woolman. 
 and a police force to wait upon instructions. Two 
 witnesses, J. Lowry and W. U. Morris, who accom- 
 panied the prisoners to the place where lay Lenhart 
 for lecognition, were examined; then the stable-man, 
 and after him many others. 
 
 Up to this time the two men Wilson and Compton 
 lay in jail unmolested. Now the committee having 
 need of them ordered their officers to produce them 
 one at a time. The marshal detailed a jntssc of men, 
 and waiting upon tlu' sher-ilf made known to him the 
 M'ill of the conmiittee. The sh(jritf refused obedience. 
 Meanwhile Wilson sent word to the committee, say- 
 insj that if they d(\sire(l it ho would make a statement 
 and throw himself on their mercy. The marshal in- 
 creased his j^osse and demanded from the sheriff the 
 prisoners. Again he was ri'fuse<l; whereupon the 
 sheriff and his deputies were seized and search ma<le 
 for the keys. They wc^re not on tlie jierson of any, 
 
 'J 
 f. 
 
 :l 
 
no 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 but were soon found in the jailer's room. The officers 
 of the law were then locked up in a room by them- 
 selves, and a guard placed over them. The prison 
 door was opened, a double line of citizens formed from 
 the jail door to the committee room, and Wilson was 
 brought forth. He expressed his readiness to make a 
 full confession; but as he stated he should implicate 
 others, the committee ordered all spectators from tho 
 room. Wilson then told everything, entering into 
 particulars of that and other crimes not necessary 
 liere to repeat. Next Compton was brought before 
 the committee; and in short the guilt of the two men 
 was clearly proved. The}' confessed to everything, 
 disclosed the stolen money, and ref(uested a priest. 
 There was no need of further deliberation ; the com- 
 mittee presented themselves before the assembly, and 
 one of their number, Mr Lawrence, read the following 
 verdict: "The committee to whom was referred the 
 charge against Wilson and Compton report that they 
 find, from the evidence and the confessions of tlie 
 parties, that on the night of the 27tli of April 1870, 
 in the county of Lewis and Clarke, A. L. Compton 
 and Joseph Wilson shot, with intent to kill, Geoigi; 
 Lenhart, and then and there robbed him of one hun- 
 dred and ninety-three dollars in currency and about 
 two ounces in gold-dust." 
 
 At this juncture the district judge appeared before 
 the assembly and requested to be heard. Permission 
 being granted, he entered a strong protest against 
 popular interference with the civil authorities. In 
 this instance particularly, he said, these unlawful pro- 
 ceedings on the part of the people were uncalled for 
 and inexcusable. There might be conditions under 
 which popular administration of justice would seem 
 warrantable, but such conditions did not here exist. 
 They had courts well ai)pointed and competent; their 
 prison was secure. Such conduct was a reflection not 
 only on the integrity of their officers, but on their 
 wilHngness to al)ide lawful government. Tlie judge 
 
SOLEMN EXECUTION. 
 
 711 
 
 was listened to patiently and respectfully. He was a 
 good man enough, but they had heard similar argu- 
 ments fifty times before. Promises were fair; per- 
 formance slack. There was something radically wTong 
 in the system that failed so signally to punish crime, 
 and to protect life and property. Statutes, consti- 
 tutions, and courts were doubtless all very well, but 
 they could not sit calmly under the shadow of such 
 paraphernalia and see good men shot down and robbed 
 upon the highway day after day and year after year-. 
 All they proposed to do was the law's duty. Experi- 
 ence had taught them if they wanted a thing done, to 
 do it themselves; if not, trust it to the law. 
 
 Finally the vote was put by the chairman: "Wliat 
 shall be done with the prisoners?" "Hang them I" 
 was the response. Again and more caroiully the 
 question was put: "Is it your decree that the |)i'is- 
 oners, Joseph Wilson and A. L. Compton, shall be 
 taken to Pine Tree, in Dry Gulch, and there hanged 
 by the neck until they are dead?" "It is; that's 
 the verdict I" came from almost every person there 
 present. 
 
 It was now half past two. A motion |trovaileil 
 that the prisoners be given until four o'clock to pre- 
 pare for death, at which hour their execution should 
 take place. Throughout the entire proceedings there 
 was manifest the utmost decorum, and e\ eu st>lemnity, 
 among the crowd, which had now swelled to three 
 thousand souls. At no time during the day was theic 
 any loud talking, boisterous demonstration, or bra- 
 vado; even tlie coercion of the sheriff' and liis ileputies 
 was unattended by violence. Their duty coinpeMed 
 them to I'esist, yet tliey knew resistance t<t lie useless. 
 
 At the liour appointed tlie famous gulch [)resented 
 the appearance of a vast amphitheatre. The sides and 
 hills adjacent were dense with people on foot, on horse- 
 back, and in carriages. The town was deserted. At 
 half-past four the two men were taken from the room 
 in which they had been boniined and placed in a wagon. 
 
 n i I 
 
 ' it 
 
 I 'I 
 
POPULAR TRIBUNALS OF MONTANA. 
 
 Father Iinmode sat beside Compton, and the Reveroiul 
 S. G. Lathrop accompanied Wilson. The doomed wore 
 calm, and apparently intent on gaining if possible the 
 future salvation promised. There was that about 
 the whole proceeding impressive, awe-inspiring. A 
 stranger fresh from the fossilized formalities of staidei- 
 parts could scared}' believe this to be what was so 
 hooted as mobocracy, lynch law, the work of the in- 
 furiate rabble. Nor was it. It was the deliberate ex- 
 pression of sober popular will, as deliberate and sober 
 as ever citizens displayed in the performance of tlioir 
 duty. Under the shadow of the flital tree the wagon 
 halted. The noose was adjusted; the ropes swung; 
 prayer was sai<l ; the horses started, and all was {jui(^kly 
 over. 
 
 II 
 
 rl 
 
 II 
 
 in 
 
 t(| 
 l'[ 
 
 ell 
 
 1)1 
 
 tn 
 hi 
 
 Two hundred of the men of Bozeman, jSIontana, 
 about ei<i:ht o'clock on the ovcnin<jf of the 1st of Fel)- 
 ruary 1873 pi-occn dcd in a body to tlic county jail 
 and demandt'd IVoni the sh(>rifl* two prisoners called 
 Steamboat Bill, tliat is to say John W. St Clair, and 
 Triplctt, the former liaving wantonly shot to deatli a 
 Chinawoman, and the latter liaving stablx'd to death 
 a saloon-keeper. The sheriff refused. Tlie peo[)le 
 proceeded to break open the jail door, and the 
 sheriff liurried off to Fort Ellis foi- troops to slaiighti'r 
 the citizens slaughtering the impi'isoned slaugliterers. 
 Killinuf was kino- at Hozeinan. The commandant 
 gave th(^ slierilf a S(juad of soldiers, but luckily for 
 the soldiers 1 hey did not ari'iv(> in time to be killed 
 by the [)eople, as tlie hanging was all over before 
 tliev <'ame ui"). Th(^ swimming carcasses of his whilom 
 (companions were ])ointe(! to one Scotty, and he was 
 told to leaM'. He left. Triplctt was an old fisher- 
 man wlio brought trout from the Yellowstone. En- 
 tering a saloon one day and taking a drink he walked 
 off without paying for it; the keeper followed him, 
 whereupon the ancient fisherman turned and stabbed 
 iiim. 
 
A niSMAL FARCE. 
 
 •13 
 
 The Montana Mountain of the I7th of June 1875 
 is responsible for tlie following: 
 
 " Tlio spirit of the early days has not yi't died out in Mi)ntaii,i, hut once 
 in a while mauifcsts its liveliness even in these slow-going times. The other 
 day in the lively little niining-e.imp yclept Trapjicr City the report f)f .«tevoral 
 pistol-shots fired in rapid succession spread consteraation amon;j tiie jieaceful 
 inhabitants of that (juiet burg ; and the rumor that the village iiad attained 
 to the dignity and honor of a 'man for breakfast' soon attracted tiie nuijor 
 l)ortion of its deni/ens to the place whence the sounds piin •ceded. Tiio 
 excitement was raised to fever-heat when on entering the house a man was 
 discovered lying on the floor weltering in a pool of blood whicii hnd trickled 
 from his right ear, and breathing heavily, as tliough in mortal agony; .and in 
 one corner of the i-oum stood a man with a brace of navy six-shooters in his 
 hands, and glaring upon the crowd like a hound at bay. Of eour.se the situa- 
 tion was comprehended in a moment ; a horrible nnirder had been ci)mniilte<l ; 
 the bleeding victim lay in the throes of death upon the cabin floor, and ids 
 nuirdercr stood in the corner prcpari'd to deal death and destruction upon 
 tiie assembled crowd. A cry for vengeance arose from a score of tliroats, and 
 some essayed a movement njMjn the man in the corner, wlien the 'navies," 
 lirought to a horizontal positi(Ui u[)on a level with fiieir eyes, warned th(Un 
 tiint such a proceeding would be attended with soini- dangei', and they pru- 
 dently retired. After a little, one of the crowd wa-s induced fo see if anytiiing 
 could lie done for the living man, and approached him foi' that pur])iisc, when 
 th(^ man in the corner yelleil out, 'Get out of that, or I'll Mow the top of 
 youi- damned head ofl'I That's my meat!' and as he spoke he enipluusized his 
 remark with a shot from the six-shooters. The huiuanitarian stood not M]>on 
 the order of his going liut lit out with remarkable celerity, .-ind as he made 
 rapid kransit through the street he was Haluted l^y the confederates of the 
 nuirderer with a volley of ])istol-shots which made hint think a battle of 
 artillery had been turned hH)se upon him, and lent wings to his llyiiii.' feet as 
 he departed from Hueh uncongenial scenes. JJy this time a battery of [tistols 
 was uniiiaskeil in the vicinity of the nuirder, and he .saw unl' ss he got out of 
 that he would l)e a riddled member of tin- eonnnunity, anil, with levelled 
 pistols, made a dash for life and liberty. The crowd gave way before the 
 deadly-looking wea|ions, l)ut a dozen pistols were disi'harged at him as hu 
 rushed out of the house and .succeedid in gaining the cover of a fiirmlly 
 stump, where he tMnieil and disehargi . his weapons with such rai)idit.\ that 
 the crowd scattered with an al;icrit,y that denoted a positive ilislike to a salu- 
 tation of that character. 
 
 "During the excitenK'ntcon«e(|uent upon these proceedings the fact that a 
 man was wounded, jind jierhaps dying, had been entirely lorgotteu, but now 
 8ome of the terrilied cili.'.eiis turned their attention to his necessities. Mes 
 sengers were despatched foi' surgical assistance, and some went into the house 
 to render aid to the bleeding victim of ruthless murder, lie was still insen- 
 sible, but yet breathing, and the bohlest of the men turned to look for the 
 wHUind. It eouhl not be found I The bullet nnist have entered the drum of 
 the car and loilged in tlie head, and nothing could be done irntil tin- arrival 
 
 ,1 
 
714 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 of a surgeon. A committee were detailed to capture tlic murderer, and wcri^ 
 about to start on their mission when a shout of horse -laughter from the crowd 
 at the door apprised the excited citizens that there was something wrong. And 
 there was. A closer examination disclosed the fact that a liuge ' sell ' hod been 
 perpetrated ; that the wounded man was deud-druuk ; that the artillery ha<l 
 all been loaded with blank cartridges, and that somebmly was minus a bottle 
 of brilliant carmine writing fluid, whicli ha<l lieen adroitly used in represen- 
 tation of the clotted gore. The humanitarian referred to returned to town 
 next day, somewhat the worse for wear and just a little hot over the situa- 
 tion ; but he can liud 2>leuty of men who Will wagur u silver mine that hu con 
 iTin ten miles an hour for ten consecutive hours under Hiinilar circumstances. 
 And now, if you want to see a genuine expression of intense disgust, ask a 
 Trapper City man if the Vigilance Committee have caught that murderer." 
 
 Of the Cheyenne Vigilance Committee one hun- 
 dred went to Dale City in January 1868 and captured 
 and hanged three men, Keith, Shorty, and Jack 
 Hayes. On the night of the 20th of March the 
 Cheyenne Committee did some hanging at home; they 
 executed Charles Martin and John Morgan. The 
 former was one of a band of horse-thieves of which 
 McLaughlin was captain. 
 
 The Cheyenne press approves of a new form of 
 notification to leave introduced into the practice of 
 vigilance by the Committee of that place. Says the 
 Star of the 22d of January 1868: 
 
 " We think this public notir.cation tho best method: No person will )«; 
 notified to leave this territory except thrr.igh a public newspaper of this jilacc, 
 and if said notified parties will not leave within twenty-four hours, the Com- 
 mittee will no longer bo responsible for their safety, (ieorge IJrowii, Neil 
 Murphy, Cocke, at New Ideas, Jack Bristol, Thonids Ciinipheli, l^iiyene Debnn- 
 ville, Frank St Clair, Al Cunningham, Slippery Bill, and Diivf Mullins: The 
 above parties will leave this territory in twenty-four hours. 
 
 "By order of the Vioilance Committee." 
 
 Often the danger attending border life is made the 
 plaything of ruffians, who for the pleasure of stealing 
 a horse or indulging in a drunken frolic will risk cap- 
 ture and death where the chances of escape are almost 
 closed against them. 
 
 I have here one incident of this chai-acter, which 
 happened in October 1877 in Wyoming, and another 
 about the same time in Arizona: William Rowe and 
 
FATAL FROLICS. 
 
 716 
 
 a comrade named Jones, known in Wyoming for sev- 
 eral years as desperate characters, stole some animals 
 from B. F. Hatch, a freighter, and escaped with thorn. 
 The thieves, though shrewd, were easily followed, 
 and in recovery of the animals Jones was shot dead 
 and Rowc captured. The Arizona tragedy was simply 
 the result of a reckless froUc. Two noted despera- 
 does, Tullos and Vaughn, entered Prescott and began 
 amusing themselves by shooting dogs and presenting 
 their loaded revolvers at the breasts of people, threat- 
 ening to let daylight through them if they opened 
 their mouths. Then mounting liorses they rode down 
 through Montezuma street at full gallop, yelling and 
 shooting like demons. As a matter of course, tlie 
 officers and citizens were obliged to put an end to such 
 proceedings, and in doing so one of the ruffians was 
 shot to death and the other nearly killed. 
 
 A young fellow named Ryan, living from boyhood 
 in Cheyenne, and one Babeock were brought into 
 town the 8th of November 1877 for robbing the south- 
 bound Black Hills coacli almost under th(^ very walls 
 of Fort Laramie. Ryan had been twice in the [>eni- 
 tentiary before, but this time he was placed thei-e for 
 seventeen years and Babeock for fifteen. Two D'wk 
 Turpins, Blackl)urn and Wall, were brought in from 
 numerous alleged stage robberies about this time, in- 
 cludinij one where the sum of fifteen thousand dollars 
 was secured from the treasure-box. One of them was 
 badly wounded in his eai)ture. 
 
 At (central City, two and a half miles from Dead- 
 wood, in the Black Hills, was located the Hidden 
 Treasure mine. During the sunmier of 1877 theri; 
 was trouble as to the ownership of the mine, which 
 resulted in homicide and litigation. In November 
 forty men were at work on one of the shafts, and fail- 
 ing to receive their pay they took possession of the 
 mine. Arming themselves with Sharp rifles and re- 
 volvers, and laying in a plentiful supply of amumnition 
 and provisions, they were prepared for a siege. The 
 
 
 1 F ■ 
 
716 
 
 POPUI.AR TRIBUNALS OF MONTANA. 
 
 sheriff with his pofine on their airival found the en- 
 trance to the tunnels and shafts liarricaded, with rifle- 
 harrels gleaming through the apertures. The mine was 
 worked at the time by a contractor, and although tho 
 yield was good, he neglected to pay the men, who, as 
 they claimed, took "peaceable possession of said Keats' 
 mine in order to get our pay, which has so long been 
 due, and of which we and our families arc sadlv in 
 want." 
 
 As Sanford S. C. Dugan, a native of Pennsylvania, 
 twenty-three years of age, M'as being (conveyed from 
 the Larimer- street prison in Denver, about the 1st 
 of December 18G8, to the city jail for greater safety, 
 the wagon was intercepted by one hundreil citizens 
 and driven to a cotton-wood tree on Cherry stieet, 
 where a rope was arranged round his neck and ovei' 
 a limb. The poor wretch begged piteously for his life, 
 saying he had never robbed, and had killed but one 
 man, and that in self defence: but the proofs of guilt 
 were so satisfying to his judges that the fatal ordci- 
 was given to drive on whereat wagon and soul each 
 wended its way, leaving the body dangling. Fifty of 
 the most quiet and respectable citizens of Denver but 
 a few day before this, namely on the 23d of Nt)vem- 
 ber, took L. H. Musgrove from the jail and hanged 
 him. The man had been in the habit of disguising 
 himself as an Indian and committing depredations 
 in various parts. As he was brought from prison 
 a crowd gathered, to whom the v^ote was put if he 
 should be hanged, and a unanimous 'ay' followed. He 
 was placed in a wagon and driven under Cherry Creek 
 bridge, where he was allowed time to write some 
 letters, which he did, smoking a cigarette in the most 
 nonchalafit manner. When the wagon started he 
 crouched low and made a spring in order to secure a 
 better fall. 
 
 Two thousand citizens on one occasion, the 12th of 
 June 1880, appeared upon the streets of Leadville to 
 quell a miners mob; and they quelled it. 
 
DOINGS ABOUT L.\IIAMIE. 
 
 7n 
 
 Kid, a nice young man without, but ragged in- 
 wardly, having a fancy for drugging his Aictinis bi - 
 fore robbing them, witli a hempen cravat adorning 
 his neck and gentle zephyrs playing fantastically witli 
 his raven locks, as the Cheyenne Leader expresses it, 
 graced a telegraj)h pole of Ejai-aniie in August 18()8. 
 This warning sutHced for three months only. In No- 
 vember H. C. Thomas drugged a man at Br3'an and 
 robbed him of two hundred and seventy dollars. At 
 Laramie he shortly after attempted the same exploit, 
 when he was ai-rested and committed to the calaboose. 
 Five cocked pistols pointed at the keeper's head b}- 
 five masked men a night or t\v() alter produced the 
 key, which, after taking Thomas away and hanging 
 liim, they were careful to return to the jailer. 
 
 Three hundred men or thereabout comprised the 
 vigilance organization of Laramie in the winter of 
 18G8-9. It was no sinecure, membersliip of this corps. 
 In their encounters with the desperadoes of the moun- 
 tains bullets often (lew freely, and death was the reward 
 of bravery. Three men were hange<l by them one day 
 in October 18G8, and before the bodies were removed 
 a fourth was added to the ghastly row. Asa Moore, 
 Con Wcigcr, and Edward Barnard were the names of 
 the three disgraces which were raised into immortality 
 by reason of their sins. Among others granted per- 
 mission to leave that place with their feet still touch- 
 ing earth was Steve Young, Long Steve he was called 
 for short; but disregarding the kindly warning he 
 attended the elevation of the innnortals blusteriniilv. 
 "No danmed strani^lers shall drive me from town!" 
 he said. Again he was aifectionately warned to be 
 quiet, and to depart in peace, if he didn't want the top 
 of his head blown oft*. Stephen defied the vigilants 
 the second time, and even the third; whereupon ho 
 was elevated thence by the stranglers whom he had 
 so delighted to dishonor. 
 
 The Laramie organization in its opei'ations extended 
 as far as the western end of the Union Pacific Railroad. 
 
 i; 
 
 I 
 
 II 
 
 I ;.■ s 
 
718 
 
 POPULAR TRIBUNALS OF MONTANA. 
 
 In October 1868 they hanged five men at Gilmer, 
 then a recent railroad town, among whom were David 
 Mullen and a notorious villain named Morris. At Bear 
 River a riot occurred among the graders the 20th 
 of November 18C8, growing out of the hanging of 
 three men nine days previous. It was a war between 
 crime, its supporters, and honesty-loving citizens. The 
 latter armed, and the mob after burning the jail came 
 upon them, when they fired, killing six and wounding 
 twenty. Powers, O'Neil, and Reed were the throe 
 men hanged, and their crime was garroting and mid- 
 night robbery. O'Neil's brother was working on the 
 grade, and he succeeded in rousing the rough element 
 to retaliation. Patsey Marley was the leader of the 
 rioters, and besides burning the jail they demolished 
 the Index office. The fight continued until fourteen of 
 the rioters were killed and thirty-five wounded. Only 
 one citizen, Mr Armstrong, was killed. Mr Freuuian, 
 editor of the Index, against whom the rioters were in- 
 censed on account of the support given l>y him to tliu 
 Vigilance Committee, was seized by the rioters, who de- 
 manded the names of those who hanged their friends. 
 "Hang him!" "Shoot him I" they cried. "Death to 
 the chief of the vigs I" But escaping through a saloon, 
 Freeman made his way to Fort Bridger, whence troops 
 were despatched and the riot quelled. 
 
 A pedler was robbed of some jewelry, and another 
 jierson of a trunk. Suspicion fell on three ill-looking 
 loafers, whom a coiii{)any of citizens tracked to their 
 rendezvous, where part of the plunder was found and 
 identified. One of the trio escaped; the other two 
 after trial were hanged at North Platte, March 1870 
 being about the date of their exit. 
 
 Three horse- thieves, Lewis Curry, James Hall, and 
 A. J. Allen, were caught near Deadwood, Dakota, in 
 June 1877 with two horses, stolen from the stage com- 
 pany, in their possession. The men were incarcerated 
 at Rapid City, but at night the jail was broken open 
 and the three thieves hanged by the people. At 
 
A LARGE ORGANIZATION. 
 
 710 
 
 Leavenworth, Kansas, in August of this same year 
 Robert Scruggs was executed by the people for killing 
 Jasper Oliphant and Mr Graff under very aggravating 
 circumstances. 
 
 From the mountains and valleys to Hudrfano, 
 Colorado, in July 1877 came seventy-five men, who 
 seized Marcos (jronzalez while on trial for the murder 
 of the Browns, husband and wife, at a rancho near La 
 Veta, and hanged him to a telegraph pole. During 
 the progress of the trial the guilt of the prisoner had 
 been established beyond a doubt, and the patience of 
 the people being overcome by their wratli, they rose 
 up and terminated proceedings arbitrarily. 
 
 For fifteen years prior to 1877 there had existed 
 in north-western Illinois, south-western Iowa, and 
 north-eastern Missouri a secret order, with numerous 
 branches, known as the Anti-Horse-thief Association. 
 It was no part of its purpose, except in cases of ap- 
 parent necessity, to quarrel with the law ; at the same 
 time it did not profess very great respect for an insti- 
 tution which failed to accomplish the purposes for 
 which it was created. Spreading into Kansas and 
 Nebraska, the organization became a gre. t power, 
 with its lodges and its annual meetings, and all the 
 paraphernalia for the detection and extinguishing of 
 crime, not alone such as its name indicated, but of all 
 kinds of robbery and murder. ' It was composed almost 
 exclusively of respectable farmers, who stood ready, to 
 the number of eight thousand, to hunt rascality to the 
 death. 
 
 Many of tlie outrages in early times on emigrant 
 stashes and overland trains were charged to the Indians 
 when in reality they wore committed by bands of out- 
 laws. 
 
 Troops stationed at the respective forts throughout 
 that bleak interior were by no means fit to cope with 
 these desperate characters. Like too many of our 
 government servants, they were lazy, careless, indiffer- 
 ent, and stupid; laborious days and sleepless nights 
 
720 
 
 POPUL.VII TRlBUxXALS OF MONTANA. 
 
 wero less attractive! than comfortable quarter.s and 
 regular potations. There was little f^jlorj' in catching; 
 besides, the soldiers were no match for them, either 
 in activity or intelligence. If sherifl's cannot catcii 
 rogues, assuredly soldiers cannot. In mechanical 
 slaughterings soldiers do very well; if well trained, 
 they have not intelli<jence and will sufficient to flee 
 danger when they see it. This is all as it should bo 
 for ])osts, to shoot and be shot at; but as detectives 
 they are of little value. 
 
 Emigrants in crossing the [)lains were accustomed 
 to travel in parties of greater or lesser magnitude for 
 mutual protection. Stages frequently carried a guard 
 of soldiers, who, together witli the armed passengers, 
 generally succeeded in intimidating attack. Under 
 such circumstances it required a larger force than was 
 usually found in one conqiany of marauders success- 
 fully to rob a stage; nevertheless hundreds of stages 
 were robbed and hundreds of emigrants were killed 
 b}' these border desperadoes during the years of ox- 
 team and stage travel. 
 
 With railroads came more refined robberies. There 
 was the gentlemanly pick-pocket in the 'sleeper' and 
 the cut-purse in the 'sm<jker;' three-card monte men 
 entertained the passengers and added v'ariety to the 
 gambling games ordinarily played. The large freight 
 traffic led to a new system of pillage, and it was found 
 necessary for servants of the railroad companies and 
 others to organize, and the Rocky Mountain Detective 
 Association of 187G was the result of this necessity. 
 In January 1877 at Kit Carson an important arrest 
 was made and a gang broken up which for the past year 
 had been pillaging the trains of the Kansas Pacific 
 Company. Not only did they break into freight trains, 
 and abstract groceries and dry-goods, but they also 
 stole from the cattle-cars horses and mules. A large 
 quantity of their plunder was on this occasion dis- 
 covered, and some fourteen persons taken intt) custody. 
 
 The affair of the brothers James — Frank and Jesse — 
 
FRANK AND JESSE JAMES. 721 
 
 in Missouri, in some respects exceeds any occurrence 
 of the kind on the Pacific coast. Beginning their 
 career of crime at the ages of eighteen and sixteen 
 respectively, as members of a guerilla band during 
 the civil war, they were soon at the head of a gang 
 waging war on its own account. After keeping tlif 
 states of Missouri and Kentucky in a state uf fear fui- 
 five years, they escaped the several parties organize* I 
 for their capture, and came to California and spent 
 six months at the rancho of a relative at Paso Roble.s, 
 recovering from their wounds. Returning to Mis- 
 souri, killmg three or four men at Battle Mountain, 
 Nevada, on their way, they gathered their retainers 
 and spread yet greater terror on every side. Every 
 county organized a party for the capture, and large 
 rewards were offered; but it was not until after nego- 
 tiations by the authorities with one of James' band 
 that anything was effected. In his own house at Si 
 Joseph, Missouri, in April 1882 Jesse James was shot 
 to death by Robert Ford, who was tried for the mur- 
 der, pleaded guilty, sentenced to be hanged, and was 
 thereupon immediately pardoned by the governor and 
 given a reward of fifty thousand dollars. 
 
 Pop. TrxB.. Vol. I. 46 
 
CHAPTER XXXVI. 
 
 THE POPULAIl TRIBUNALS OF ARIZONA, NEW MEXICO, 
 
 AND MEXICO. 
 
 Der blindc, unbeholfcnc KoIohb, dcr init plumpeii Knochen onfonga 
 Gopolter macht, Hohcs und Niedcres, Nahcs und Femes mit gohnendem 
 Rachen zu verachlingen droht, und zuletzt — iiber Zwimriiiden stolpert? 
 
 Schiller. 
 
 Justice along the boundary line between Mexico 
 and the United States was q, scarce commodity in 
 early times, and it is only by way of comparison that 
 the mention of that locality has any value in this con- 
 nection. The warlike and predatory tribes that in- 
 fc!stcd those parts gave the thinly scattered settlers 
 enough to do to keep their lives and property fron» 
 the natives. They were border ruffians and white 
 desperadoes who prej^^ed alternately upon .savage and 
 civilized as best suited time and convenience; but 
 these were killed by their enemies as one kills a wild 
 beast when attacked, and little more was thought 
 of it. 
 
 The southern overland stage and emigrant travel 
 iirst attracted desperadoes along tht^ line. Station 
 keepers were killed and plundered, and liorses stolen 
 by Mexicans and Apaches. As settlers began to 
 occupy attractive spots and gather round them a 
 little property, vultures white and dusky disputed 
 for the prey. There were men (inough to steal the 
 moment there waM anything to be stolen. Besides the 
 migratory border ruffian, there were organized bands 
 roaming throughout the entire region of Sonora. 
 .southern California, and such parts of Arizona as 
 
THE GALLANT OLANTAN. 
 
 723 
 
 offered plunder. One of these pitched camp in 1851 
 on the Colorado where now is Fort Yuma. There 
 were between thirty and forty in this gang, and as 
 this was before the establishment of the fort, they had 
 things all their own way. Woe betide the luckless 
 emigrant who fell into their hands. After having 
 travelled a thousand weary miles, after having endured 
 privations and sufferings indescribable, the attacks of 
 savages, the buffetings of sand-laden winds, hunger, 
 thirst, and sickness, this tinal scourge finished many 
 of them. 
 
 After a sojourn here of se\t.',rJ months some of 
 the band began to tire of it. Times were too tame; 
 the country was too poor for them. The road was 
 too straight to perdition to encourage increase of 
 travel. Sometimes there would not pass anything fit 
 to rob for a fortnight; and these villains actually 
 began to be ;ishanio(l of themselves, tliirfcy and more 
 of them sitting there and doing the work of about 
 three. 
 
 Their leader, Glantan, was of that opinion; at all 
 events ho wanted the others to go, and encouraf'ed 
 thoni in the thought. He had a Tittle scheme of his 
 own which he proposed to work out, provided lie did 
 not have to share +he profits with too manj. He was 
 a first-class buccaneer, a chef-cVceuvre of the devil, this 
 Glantan. His plan was to start a ferry across the 
 Colorado after the others had gone, and ho did it. 
 Then he took ioJi of whatever came tliat way. Charon 
 was a sympathetic saint beside him. His charge for 
 crossing \ras whatever the traveller had that he 
 wanted; and the charge was the same whether the 
 traveller crossed or not. One of liis rules was nevri- 
 to rob a man luitil after he had crossed and had [)ai(l 
 the ferriage, otherwise that would be robbing the 
 ferry. 
 
 Early in 1852 an opposition ferry was started below 
 Glantan 's. What audacity I What villainy! True, 
 the competition was fair; the business was conducted 
 
 
724 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 on the same economical principles, chief am/^ng which 
 was never to kill a man after robbing him unless the 
 interests of the business seemed to demand it, the idea 
 being that if all the men were killed there would be 
 none left to rob. The new proprietor was a dis- 
 <;harged soldier who had been living for several years 
 with the Yumas. Seeing how well Glantan was 
 doing, how easily he amassed property, the honest 
 soldier and the simple-minded savages could not resist 
 the temptation. Together they built the fprry and 
 agreed upon the toll; the Yumas were to have the 
 patron's clothes, and the soldier his money. The 
 business was very profitable, but it interfered with 
 Glautau's schemes, and he determined to close out his 
 neighbor's business. Accordingly, with his usual de- 
 moniacal impudence, he went to his rival's house, and 
 after a few friendly words deliberately drew his re- 
 volver and shot him dead. The Yumas retaliated by 
 going to Glantan's encampment and killing him and 
 all his band save two. 
 
 An agreement having been made between the 
 United States and ]Mexico for the establishment of 
 Fort Yuma, General Heintzelman arrived shortly 
 after the massacre of Glantan's band with two com- 
 panies of United States troops, and fulfilled the agree- 
 ment. In 1853 one Hartshorn obtained a contract 
 from the government for carrying freight to the 
 mouth of the Colorado River. Captains Wilcox and 
 Johnson became connected with him in the business, 
 the result being the opening of a line of ocean and 
 river steamers. In 1854 a store was opened on thr 
 east side of the river for the soldiers at Fort Yuma. 
 Gradually small adobe houses were built around the 
 store, enclosed by the rudest of brush fences, until 
 the place assumed sufficient importance to be digni- 
 fied with the name of Arizona City. 
 
 In January 1801 a Texan named Mateo, of Spanish 
 descent, stopped one night at the camp of two wood- 
 choppers, on the Colorado River, where he asked for 
 
CATTLE -STEALIXG. 
 
 or 
 
 food and to be accommodated for the night : a request 
 cheerfully complied with. In the night he arose, and 
 taking an axe killed both the men. Then he secureil 
 the effects which he sought, and placed them in a skiff, 
 with the clothes which he had stripped from the men 
 whom he had murdered, and whose bodies he threw 
 into the water. Jumping into the skiff, he pushed 
 down the river, feeling that his detection was a most 
 improbable thing. The following day some Indians 
 visited the wood-choppers' camp and at once .suspected 
 foul play. Fort Yuma was on the opposite side of the 
 river, in that vicinity, where information of their sus- 
 picions was at once brought by the Indians. Soldiers 
 sent in quest of the murderer discovered Mateo and 
 handed him over to the citizens, wlio summarily exe- 
 cuted him. Mateo was well known in Los Angeles, 
 having been employed as a teamster between that 
 place and San Pedro for some months. 
 
 It was an easy and not uncommon thing for Amer- 
 ican renegades to cross the frontier, alight on a liaci- 
 enda, nmrder the keepers, and drive the stock across 
 the line into United States territory. Again a Mex- 
 ican would engage his services to an American farmer, 
 gain his confidence, and at the proper time his coin- 
 padres would appear, kill the people, plunder the 
 premises, and flee into Mexico. Probably the greatest 
 depredations were committed along the Texan side of 
 the upper Rio Grande, where were pastured countless 
 herds of cattle, guarded by a few men, the owneis 
 hving at a distance from them. Early in 1 872 it was 
 stated in congress that in Tauiaulipas, Nut^vo Leon, 
 and Coahuila, cattle bearinj^' Texan brands wert' sold 
 cheaper than in Texas, it costing less to steal than t « > 
 raise them. Moonlight nights were generally selected 
 b}' cattle banditti, who avoided as much as possible 
 encounters with the owners, though upon occasion they 
 did not hesitate to murder. 
 
 While the people of the United States were urging 
 the bitterest complaints against Mexico, scarcely any 
 
786 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 attention was paid to the punishment of crime on the 
 Texan side of the Rio Grande. It was stated that up 
 to the autumn of 1877, notwithstanding the fearful 
 prevalence of murder in that locahty, not a single legal 
 conviction or execution had taken place. Both people 
 and property were too erratic in their liabits. A 
 drover with his stock would be here one day and a 
 Imndred miles hence a week after. Only nomadic 
 justice and drum-head law could follow crime in such 
 a society. 
 
 By stipulation of the extradition treaty between 
 Mexico and the United States of the 1 1th of April 
 1881, neitlier of the contracting parties were bound 
 io make delivery of their citizeu.s to the other; so 
 that Sonorans could kill and rob in Arizona, and 
 Arizonians in Sonora, and escaping over the line sit 
 ♦lown quietly and snap their fingers in the face of 
 Justice. On the 24th of December 1870 three men, 
 Reid, Lytle, and Olliver, were murdered at Mission 
 Camj) by three Me.'cicans, who immediately escaped to 
 Sonora. The 2d oi' January following, Governor 
 Safford sent an ugent for them. Tiiey were found 
 without difficulty, but the ^Li'overnor of Sonora, Pes- 
 ([Ueira, declined to give them up, i.nd referred tlic 
 matter to tlie tsecretary of state, who issued a circular 
 to all prefects to have the criminals ariosted it' found, 
 but not to deliver them out of tlicir liuiids. 
 
 A. man named Balcer, living at Blue Water Station, 
 in Arizona, drove a stage between that place and 
 Tucson. He was a peaceable citizen, well and favora- 
 bly known. On the night of the 2iNt of December 
 1871 his home wa.s entered by Mexicans, and Baker, 
 with all his family, massacred, The murder was 
 <liscovered a few days latc'i- by a traveller, who, en- 
 tering the house, saw the remains of Mr and Mrs 
 leaker, their little sun, and an infant. Inuuediately 
 upon reporting tlu; ease a reward of one thousand 
 dollars was offered for the detecti()ji of the ruffians, 
 but the case was iibandoned upon iiearing that the 
 
MEXICANti AMD AMERICANS. 
 
 787 
 
 Mexicans had reached Sonora and were under tlie 
 protection of the Mexican government. 
 
 On one occasion Governor McCormick, in speaking 
 of the border troubles, remarked that when the Blue 
 Water and Mission Camp murders were committed 
 he reported the same to the authorities at Washing- 
 ton, sajMug that should such things continue there 
 were strong probabilities that an armed force would 
 invade Mexico and retaliate. The matter was then 
 brought before the Mexican government, and the 
 reply was that they were unable to guard their fron- 
 tier, and that they could not be held responsible for 
 the acts of their people across the border. 
 
 John H. Tatnuui was killed at Tucson in Mar<.'h 
 18G7. He was for several years resident of Arizona, 
 and at one time a member of the California legi.sla- 
 ture from MaripoLsa County. It was rumored that in 
 a gambling dispute he killed a soldier, and that his 
 own life was taken in revenge by the comrades of the 
 murdered nian. 
 
 Says the iVrizona Miiirr of the 14th of .January 
 1871 on the state of affairs at that time: 
 
 "The alarming frequency of deeds of violence in our loinuninity, and the 
 tardiness with which justice is jneted out, will, wo fear, judging from the 
 ominous muttcringa of the people, cubninate in a. viyilance coniinittee, the 
 self-constituted arbitei-s of Justice si> coninion to the frontier, or wherever laws 
 arc not promptly and strictly enforced. Although wocii'ty li.i.s heeii outraged. 
 and murder and homicide pei-jetrated with unpreccdente>l iiml reikkiSH indjt- 
 ferencc by lawless and desperate men, yet wo hope the necessity for a vigil- 
 ance committee, the existonoc of which nil 1 iw-.-ibiding citizen.s muHt ever 
 deprecate, may not arise, " 
 
 The futile appeals made to both the Mexican and 
 American governments fur protection, and the pro- 
 longed delay in an adjustment of (Ufficulties, compelled 
 the citizens to avenijt.' their own wroiis's or to submit 
 unprotected to continued outrjtges. 
 
 A station -keeper named William McFarland, an 
 honest and respected man, employed at Sacaton, (jn 
 the Tucson road, in March 1872 had occasion to go 
 
72S 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 through Florence and Sanford to Gdndara's rancho, 
 after leaving which he mysteriously disappeared. 
 Search was made, and a reward of twfdve hundred 
 dollars offered for information which should lead to a 
 solution of the mystery. The massacre of the Baker 
 family, previously mentioned, and many other murders, 
 stimulated the people to action. Accordingly a large 
 party of Americans went to Gdndara's to make inves- 
 tigations concerning the disappearance of McFarland. 
 Upon ascertaining that Gandara Was at home, Bodel, 
 one of the party, started to go into the house, when Gdn- 
 dara accosted him with "•AdiosT and drawing a con- 
 cealed weapon killed him. Gdndara then undertook to 
 escape, but was riddled with balls within twenty feet of 
 his liouse. The Americans returned to Sanford breatii- 
 ing vengeance. On the following day, Sunday, the}'^ 
 started m pursuit of Manuel Reyes, who had threat- 
 ened to kill four Americans in revenge for the death 
 of a comrade. Reyes took refuge in a house where 
 there werc^ several women and children. At an early 
 hour a (nowd collected about the place and ordered 
 all the inmates but Reyes to leave the house. As 
 soon as the order was obeyed an onslaught was made, 
 and amid general shooting Reyes was killed. An 
 hour or two before, Aguilar, another Mexican, was 
 shot from his horse. Fears were <".itcrtained of a 
 general u[)rising of the Mexicans, a.id places of busi- 
 nesK in Sanford and Florence were closed, the citizens 
 holding t}i<'ins<!lves in readiness to act if necessary. 
 Governor Safford soon after made his appearance; a 
 body of troops was stationed in the vicinity, and peace 
 was finally restored. McFarland's body was shortly 
 afterward found buried u few mihs from Gdndara's. 
 
 King S. Woolsey, whose rancho was at Stanwix 
 Station, had a Mexican boy, wlioni he had brought up 
 with the kindness of a father. A Mexican desperado 
 formerly in his employ met the boy one day and told 
 him he was going to the rancho to kill Woolsey. The 
 boy replied that he would have to kill him first; and 
 
MARIANO TISNADO. 
 
 9W 
 
 after some further discu^.-ion the man did shoot the 
 boy so that ho died. Mexicans in Woolsey's employ 
 caught the murderer and determined to take his life. 
 He was guarded by his countrymen during the night. 
 Woolsey advised them to act calmly. On the follow- 
 ing day, August 8, 1872, the boy was buried, and the 
 man led out and shot beside the boy's grave. 
 
 At Kenyon Station, on the Yuma road, Edward 
 Lumley was killed on the 18th of August 1873 by 
 Liicas Luga^s and Manuel Subiate. He was beaten, 
 stabbed, and shot; and tlie frequency and brutality 
 of these outrages induced extreme measures for the 
 arrest of the guilty Mexicans. On the 31st of the 
 month Lugas was found in a thick underbrusli, whore 
 he was shot after a vain attempt to kill his pursuers. 
 Subiate was also captured the same day and i)laced in 
 the Yuma County jail. His denial of complicity in 
 the murder was rebutted by strong circumstantial 
 evidence, as he wus on one of Moore and Carr's stage 
 horses taken from Kenyon Station, and had tho 
 clothing and dog of Lugas with him. On the 8ili of 
 August four nicM were hanged for murders committed 
 the previous day. This prompt and determined action 
 of the people was necessary to save the lives and 
 property of the scattered population. 
 
 A Mexican named Mariano Tisnado was arrested 
 for cattle-stealing in Plionix, Arizona, and strong 
 suspicions were entertained that 1k' was accessory to 
 the recent murder of Mr Grilfin. It was announced 
 that his trial would take phice the 3(1 of .Inly I H73. 
 Earlv that morninjjc there was an unusual influx of 
 farmers coming from every direction, well armed, 
 quiet, and resolute. At six o'clock they assenil)led at 
 the court-house scpiarc Half an hour latei' .i stranger, 
 just arrived, observing several groups of peoplo talk- 
 ing on the street-corners, stepped up to one of thi^m 
 and inquired, "What is the excitement?" "Nothing," 
 was the reply, "it's all over now, at the same time 
 pointing significantly to Monihon's corral. The inter- 
 
 I li 
 
780 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 locutor walked to the place indicated, and there saw 
 the body of Mariano Tisuado suspended from the gate 
 of Monihon and Starrar's corral, on Cortes street. 
 The farmers had executed Tisnado, as they feared 
 that the result of his trial would be his acquittal. 
 
 About midnight on the 3d of August 1873 a Mex- 
 ican couple, Vicente Hernandez and his wife, were 
 murdered in their home at Tucson with knives and 
 clubs by Leonardo Cdrdoba, Clemente Lopez, and 
 Jesus Saguaripa. The murderers were arrested on 
 the following day, and a confession obtained from 
 Coidolui acknowledging the participation of each in 
 the deod. He also thsclosed the place where tho 
 plunder was buried. The following day the funeral 
 occurred, and so indignant were the people that after 
 the services they convened on this court-house plaza 
 and advised as to the course to be pursued with the 
 murderers. The confession mado by C6r(loba was road 
 in Spanish and in English to the assembly, and an 
 expression of the nu'oting called for. The unanimous 
 demand was that tlie murderers should be executed at 
 once. There had been nmch to aggravate the people 
 in the disregard of justice, particularly in letting mui- 
 derers go unpunished. At the March session of tlu; 
 court two noted criminals were given their freedoni, 
 thtmgh it was well known they had taken the lives 
 of innocent men. There was in the jail at tlie time of 
 the present excitement auotlier murderer, John Wilhs 
 by name, who it was determined should he liang<j<l 
 with the three Mexicans. Aeconhngly tlie meeting 
 adjourned until the following morning, August 8th, 
 when at an early hour the jail was surrounded and 
 the prisoners demanded. In the mean time two forked 
 posts were planted in front of the jail dooi' and a pole 
 placed on them. Four ropes with nooses were then 
 suspended from the pole. A Catholic priest was 
 summoned and allowed sufficient time for his minis- 
 trations. The prisoners were then led lorth ;ind 
 hanged. The report of the inquest is interesting, as 
 
EXI'LOIT OF JOHN WILLIS. 
 
 7S1 
 
 Hhowiug the feeling entertained by the community at 
 the time: 
 
 "Wo, tho umleraigned, the jurors Bummoned to appear before Solomon 
 Warner, the coroner of the county of Pima, at Tucson, on tho 8th day of August 
 1873, to inquire into tho cause of the death of John Willis, Leonard C6rdoba, 
 Clement Lopez, and Jesus Saguaripa, find that they came to their deaths on 
 the 8th day of August 1873, about 11 :30 o'clock in tho morning, in the court- 
 house plaza, in tho town of Tucson, by hanging; and wo further find thut 
 said hanging was committed by tlx; people of Tucson en jncuae; and we do 
 further say that, in view of the tumble and blootly murders which were 
 committed by tlie three Mexicans named above, and the tardiness with 
 which justice wns l>eing meted out to Jolin Willis, a murderer, the extreme 
 incasuros token by our fellow-citizens this morning in vindication of their 
 lives, their iii-opcrty, and the peace and good order of society, wliilo it in to lie 
 regretted and deiilonid tlmt such extreme measures were necessary, scum to 
 have liecn tho inevitable results of allowing crimuuUs to escape the penalties 
 of their crimes. " 
 
 The grand jury in ( )ct()ber spoke of this action of the 
 peo[)le as having been taken at "a mass meeting of 
 the citizens of the town of Tucson, numbering several 
 hundred, and composts! for- the most part of the best 
 and most inlluential citizens of the town. The hanging 
 was done ai mcvisc, cahnly and deliberately, believing 
 it was for the best interests of tho community at 
 large. The verdict of the coroner's jury held on the 
 day of the hanging accurately expresses the sense of 
 a very large niaj(»rity of our most substantial, peace- 
 able, and law-abiding citizens." 
 
 The man John Willis, who was executed with the 
 Mexicans, is credited with the following sanguinary ex- 
 ploit: One night in November 1872, at Adamsville, 
 Arizona, Colonel Kennedy was slain by John Rogers. 
 The body lay yet unburied wlien Bob Swoope heard 
 of it. Bob was at Sanfoid at the time, and being a 
 warm personal friend oi' the oolonel, he was deeply 
 moved on receipt of the sad intelligence. To have 
 killed Rogers, even though he were a descendant of 
 the martyr, would have afforded him some relief; but 
 this being impracticable, he took a driidc. Still feeling 
 badly, he took another drink, which opened the way tor 
 tt third, and soon Bob was sorrowfully drunk. 
 
732 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 " I will go to that funeral if it kills me," said he to 
 John Willis, whom he met while in this ultra-emo- 
 tional mood. 
 
 " I reckon not," replied Willis. 
 
 "I tell you I shfldl gol" exclaimed Bob, waxing 
 warm. 
 
 "Oh no you won't 1" retorted Willis. 
 
 •" I'll bet I dol" cried Bob, more warmly. 
 
 "I'll bet you don't 1" said Willis, as he drew a 
 revolver and shot his friend through the heart. 
 Willis was arrested and indicted in March 1873, but 
 his trial was postponed until May. On the 24th of 
 the month the jury pronounced a verdict of guilty 
 of murder in the first degree, but the sentence of the 
 judge that Willis should be hanged was issued without 
 naming the day for his execution, whereupon the 
 case was appealed to the supreme court. The grand 
 jury, reporting upon the affair, says: "After an ex- 
 haustive, fair, and impartial trial of about one week's 
 duration, at great cost to the county and some sacri- 
 fice to the trial jurors, John Willis was found guilty 
 of murder, and as his case had been appealed to the 
 supreme court upon some trivial excuse, a general 
 belief prevailed that it would end as did that of An- 
 thony Dorman and others, and that he would event- 
 ually be set free or make his escape, to f'lrther prey 
 upon the people, as has been the case in all other 
 cases of murder since Tucson has been under the 
 jurisdiction of the civil law." This is a continuation 
 of the report previously quoted, exculpating those 
 who at last assumed the responsibility of ridding the 
 community of four dangerous characters. 
 
 G. R. Whisler, a man fifty years of age, keeper of 
 Burke Station, on the Lower Gila, was murdered at 
 noon on the 7th of July 1874 by a Mexican named 
 Ventura Nunez. Threats had been made by border 
 bandits to murder all the station-keepers from Gila 
 Bend to Yuma, and the discovery of Whisler's violent 
 death excited intense apprehension. Governor Saf- 
 
TEMPUS FERAX RERUM ! 
 
 m 
 
 ford inaugurated a plan, which worked very success- 
 fully, authorizing responsible parties to offer suitable 
 rewards for the apprehension of criminals. Accordingly 
 Woolsey, of Stanwix Station, nine miles below Burke, 
 immediately offered five hundred dollars for Ventura 
 Nunez, dead or alive. Three men started in pur- 
 suit, and overtook the Mexican, who, having ridden 
 down his own and a stage horse, was on foot. Ho 
 was captured near the copper mines, sixty miles south 
 of Burke Station, after having about twenty shots 
 fired at him, one of which penetrated hia leg. Ho 
 was searched and some of the stolen property found ; 
 he acknowledged the crime, and was brought back on 
 the 11th of December to the scene of the murder, 
 where there was a large assembly of men from the 
 various stations, who took the man from the authori- 
 ties and hanged him. This decisive action, it was felt, 
 would be efhcacious in deterring these ruffians from 
 the commission of such crimes, for love of life is strong 
 within them, though they hold in light esteem the 
 lives of others. 
 
 Oliver P. McCoy on the 3d of August 1877 near 
 Safford, Arizona, discharged both barrels of a shot- 
 gun loaded with fine and buck shot into the body of 
 J. P. Lewis, who was attending to some irrigating, 
 killing him almost instantly. McCoy gave himself 
 up, and was examined by a justice, before whom he 
 acknowledged the crime. Next day he was to have 
 been sent to Tucson, but that night he was taken by 
 the people and hanged. 
 
 Nothing was created in vain; even desperadoes 
 serve a good purpose sometimes. Along the Amer- 
 ican border during the past century they have done 
 far more toward the execution of justice in killing 
 each other than was done by all the law courts in the 
 land. What a godsend it is to a community for five 
 or six of their ruffians to kill each other, leaving only 
 one survivor for the people to hang. On the morn- 
 ing of the 18th of December 1877, at Hackberry, 
 
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734 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 Arizona, Bob White attempted to shoot Frank Mc- 
 Niel, a stranger, after a few angry words over a trivial 
 matter. McNiel disarmed White, and led him into a 
 saloon to his friends, as he had no wish to quarrel with 
 the fellow. Shortly afterward Charlie Rice, one of 
 White's friends, approached McNiel and shot him, 
 causing his death. The citizens turned out en masse, 
 and capturing Rice, hanged him. In the mean time 
 White, attempting to escape, was pierced with bullets 
 and fell dead. 
 
 L. V. Grimes and C. B. Hawley, confessing to cer- 
 tain robberies and murders, were hanged at Globe, 
 Arizona, by thirty citizens, early in the morning of 
 the 24th of August 1882. 
 
 The greatest sufferers from the lax administration 
 of justice in New Mexico were foreigners, especially 
 citizens of the United States, against whom there 
 was no little prejudice. 
 
 Notwithstanding the general perversion of justice 
 in New Mexico, capital crimes were rare, though petty 
 thefts were frequent. Doubtless fear of the savages 
 prevented the highway robbery which so long and 
 so mercilessly oppressed many parts of Mexico. To 
 leave an article exposed was not sale for a moment, 
 and though thievery was so common it was difficult 
 to catch rogues, for few would inform. 
 
 Very dift'erent was the management of afiairs under 
 royal regime, as the following incident testifies: In 
 1815a soldier named Cora stole a few articles of no 
 great value from the public storehouse at Santa Fd, 
 then in charge of Lieutenant Don Valentin Moreno. 
 Cora was arrested, tried, convicted, and sentenced 
 to be shot; nor did the solicitations of some of the 
 most influential men in the province save liim from 
 death. 
 
 The insurrection of 1837 was something more than 
 an Indian outbreak. The pueblo natives, semi-civil- 
 ized when first found, were but little lower in the 
 
VERY LARGE MOBS. 
 
 735 
 
 m 
 
 scale of humanity than the Mexicans themselves. 
 The territorial government, by act of the Mexican 
 congress, had just been erected into a departmental 
 government, and Perez, in January 1837, appointed 
 governor. His rule was regarded by the Pueblos as 
 arbitrary and unjust. Among other oppressive meas- 
 ures, a tax had been laid on tobacco ; and further con- 
 templated impositions were feared. 
 
 In July 1837 the Pueblos rose in rebellion, San 
 Juan taking the lead. About the beginning of August 
 a great multitude gathered at La Canada, among 
 whom were the chiefs and principal warriors of the 
 Pueblos. Perez issued orders for the mustering of 
 the militia, but not more than one hundred and fifty 
 could be found. With these he marched against the 
 insurgents, but was repulsed, many of his force going 
 over to the enemy. With about twenty-five officials 
 and friends he fled southward, fearing to rel'irn to 
 Santa Fd; but they were overtaken and drivc;i back 
 to the suburbs of the city, where Perez was killed, 
 Jesus Maria Alarid, secretary of state, and Ramon 
 Abred, prefect of Rio Arriba, were also slain and their 
 bodies mutilated. 
 
 Anarchy followed. At a mass meeting held at 
 Santa Fd, resolutions opposed to the Perez policy 
 were passed and a provisional government adopted. 
 Two thousand insurgents pitched their camp before 
 the capital the 9th of August, and the horrors of a 
 saquSo were feared, but no outrage was attempted. 
 Many of the insurgents remained in and about the city 
 for two days, during which time one of their leaders, 
 Jose Gonzalez of Taos, honest but unlearned, was 
 chosen governor, and Antonio Domingo Lopez lieu- 
 tenant-governor. 
 
 At Tome on the 8th of September one Manuel 
 Armijo pronounced against the insurgents. Men 
 gathered to his standard; and after having pro- 
 claimed himself governor, he marched, the 1 3th of 
 September, with a large body against the insurgents, 
 
730 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 primarily the Pueblos, but now increased by discon- 
 tented white men to a formidable organization. Gon- 
 zalez prepared for battle, but persuaded by a priest 
 to capitulate, he was first confined, and on the 25th 
 of January 1838 was hanged at Santa Cruz with 
 Lopez. Armijo for his service and successes was 
 confirmed as governor by the authorities at the City 
 of Mexico. 
 
 This Armijo, in common with rulers and magis- 
 trates of his day, employed singular methods in 
 determining guilt. In January 1840 two foreigners 
 returning from the mines to Santa Fd had the misfor- 
 tune to kill a Mexican lad by the accidental discharge 
 of one of their guns. Carrying the body into town, 
 they at once reported the circumstance to the au- 
 thorities. The chief alcalde consulted with Armijo 
 as to what should be done. After due deliberation 
 and with a little gravity, although there had been no 
 examination or form of trial, it was determined that 
 the strangers should be imprisoned for murder and 
 there kept until they should prove their innocence. 
 In time the absurdity of the thing became apparent 
 to the people, and their manifest disapprobation at 
 length induced the judge and governor to give the 
 men their liberty. 
 
 The manifestation of feeling against foreigners was 
 frequent, such as the capture in 1841 of the Santa 
 F(S expedition, the beating to death in open day of a 
 dumb Creole at Taos, the entering and robbing of 
 Rowland's store by a mob led by the alcalde of San 
 Miguel. At the same time no little excitement pre- 
 vailed at Santa ¥6, where an attack was made on the 
 United States consul, Manuel Alvarez. Backed by a 
 band of sans-culottes, one Martin, nephew and confiden- 
 tial agent of the governor, approached the consul's 
 house with murderous intent. Drawing a large 
 knife, he told the crowd to keep back until he called 
 them; he entered the house secretly and attacked 
 Alvarez, cutting him severely in the face. The consul 
 
TRIAL BY ROPE AND DRUM-HEAD. 
 
 737 
 
 narrowly escaped with his Ht'e, jiiiJ the nephew was 
 promoted for his pains. 
 
 During the spring of 1847 the Santa Fe roads were 
 infested with Pawnees and Conianches, who fear- 
 lessly attacked the government trains, beat down the 
 escorts, drove off the cattle, and often killed many 
 people. One of these cases occurred near the Grand 
 Arkansas on the 2 2d of June, when a large body of 
 natives attacked a returning government train, over- 
 powered the teamsters, and captured eiglity yoke of 
 oxen. Lieulenant Love's convoy, with three hun- 
 dred thousand dollars in specie, was attacked four 
 days after near the Arkansas by about five hundred 
 native warriors, who took one hundred and fifty yoke 
 of oxen. Pursued by twenty of Love's men, tliey \vd 
 them into ambush and cut off their retreat. A tierce 
 fight ensued, but the white men finally forced a pas- 
 sage and made good their retreat. The natives lost 
 twenty-five killed and many wounded, while the killed 
 and wounded -of the white men numbered eleven. 
 
 On the 28th of June 1847 Lieutenant Brown and 
 privates McClanahan and Quisenbury were sent with 
 a Mexican guide in pursuit of some Mexicans who a 
 day or two before had stolen the hoi"ses belonging to 
 Captain Horine's troop near Las Vegas. After several 
 days had elapsed without information from the party, 
 it was conjectured that they had been murdered. 
 This supposition seemed confirmed by a statement 
 ir^ade to Major Edmondson by a Mexican lady, who 
 affirmed that three Americans and one Mexican had 
 been killed near Las Vegas and their bodies burned. 
 Three Mexicans, whose appearance had excited sus- 
 picion, were brought into camp, and an attempt made 
 to obtain information on the subject from them; as 
 they would make no disclosures, one of them was 
 hanged until nearly dead, when on being lowered the 
 third time he admitted the truth of the Mexican 
 lady's statement. Major Edmondson at once ordered 
 a detachment of twenty-nine cavalry and thirty -three 
 
 Pop. Tbib,, Vol. I. 47 
 
738 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 infantry with one howitzer to march at once on Las 
 Vegas. A charge was made, in which ten Mexi- 
 cans were killed, fifty taken prisoners, and the re- 
 mainder driven from the place. Tried by drum-head 
 court-martial at Santa Fd, sentence of death was 
 pronounced upon six of the prisoners, and on the 3d 
 of August in presence of the army they were exe- 
 cuted. 
 
 After the defeat of the Mexicans, search was made 
 for the remains of Lieutenant Brown and his com- 
 panions. The body of the former was found concealed 
 among the rocks ; it had not been burned out of rever- 
 ence for the cross which lay upon the breast. The 
 ashes of the others were discovered, and their weapons 
 and clothes found in different houses. The larger 
 portion of the town was burned by the soldiers, as 
 were also the mills belonging to the alcalde, who was 
 known to have sanctioned the murder of Lieutenant 
 Brown's party. 
 
 There were on the 19th of January 1847 two 
 Pueblos confined in the prison at Taos, and, as their 
 towns-people thought, unjustly. At all events they 
 determined on their release, and a deputation was sent 
 from their village, twelve miles away, to Taos to make 
 the demand. Lee, the sherifi", saw the approaching 
 storm and recommended tolerant measures, but the 
 prefect, a Mexican, forbade him to release the prisoners. 
 Thereupon the deputation killed both sheriff and pre- 
 fect, and opened the prison doors. 
 
 The villagers then marched to the house of Governor 
 Bent, who arose, dressed quickly, and sought to gain 
 the street, but before he could escape he was shot. 
 District-attorney Leal was likewise shot; also the son 
 of Judge Baubien. The same day seven Americans 
 were killed at the Arroyo Hondo, two at the Rio 
 Colorado, and civil war ensued. 
 
 At the time of the murder of Governor Bent, 
 general alarm spread through all that section of 
 country. The outrages that preceded and followed 
 
TUKL1':V AM) HIS MEN. 
 
 73!) 
 
 added proportionate anxiety. A man of wealth and 
 prominence named Turley was warned that his life 
 Mas in danger. He listened fearlessly to the intimi- 
 dation, his unsuspicious nature refusing to believe that 
 malice could be cherished toward him. Generous with 
 his wealth, he never refused a Mexican who applied 
 to him for aid; the hungr}"^ were supplied from his 
 granaries, and poverty was relieved by his bounty. 
 Turley owned a mill and distillery adjoining his house. 
 At the solicitation of his men they were permitted 
 to fortify themselves against possible attack, their 
 little garrison being composed of eight white men, 
 Americans, French Canadians, and Englishmen, well 
 supplied with arras and ammunition. 
 
 These precautionary measures were scarcely com- 
 pleted before a large force of Mexicans and Indians 
 appeared and demanded Turley's surrender, at the 
 same time guaranteeing the safety of his life. Turley 
 refused to surrender his house or his men. A short 
 consultation between the Mexicans followed this reply, 
 and then they commenced an attack. Their force was 
 composed of five hundred men, with numbers hourly 
 increasing. Secreting themselves among bushes and 
 crouching behind rocks, they kept up an incessant fire. 
 The Americans had blockaded and loop-holed their 
 windows, and with their rifles they now picked off 
 every man who in the least exposed himself. Night 
 brought quiet, but the next day the fight was vigor- 
 ously renewed. In the mean time some of the Mexi- 
 cans had gained possession of the stables separated 
 but a few feet from the main building. An attempt 
 was made to cross the narrow space, but when it was 
 discovered Turley's men quickly prepared for them. A 
 Pueblo chief attempted to cross, but a shot dropped 
 him in the centre of the space. A warrior darted out 
 to recover the body, but another shot stretched him 
 beside his chief. Two others met a similar fate; at 
 last three rushed to the spot, and had seized the body 
 when three sharp cracks from as many rifles added 
 
7^0 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 tlioir lifeless bodies to the number already stretched 
 upon the ground. 
 
 Unerring aim had become a necessity, for their 
 ammunition was much reduced. The attack was now 
 renewed more fiercely; the assailants poured in a vol- 
 ley, and two of the defenders fell moitally wounded. 
 A still greater danger now threatened them; the mills 
 were discovered to be on fire, and the flames must iii- 
 i'vitably communicate with their own building. Twice 
 they succeeded in extinguishing the fire, only to see 
 it break out elsewhere. Though the mill was but par- 
 tially burned resistance was useless, but rather than 
 surrender they determined if p(issible to effect their 
 escape during the night. 
 
 At dusk John Albert and a companion, two of the 
 besieged party, rushed suddenly from the building 
 and discharged their rifles at the foe, Albert then 
 threw himself upon the ground, and crawling beneath 
 a fence, remained there until dark, when he started 
 for the Greenhorn, undiscovered by the enemy, and 
 reached the place in an exhausted condition. His 
 companion was discovered, stabbed with knives and 
 lances, and shot. 
 
 Turley succeeded in eluding the enemy and reached 
 the mountains in safety. There he met a Mexican, 
 who expressed great commiseration, and sympathiz- 
 ingly offered him assistance if he would remain con- 
 cealed until his return from a certain place where he 
 would go for horses. The Mexican then went directly 
 to the mill and reported Turlej-'s place of conceal- 
 ment. A party of Mexicans at once started out, 
 found Turley, and shot him dead. The remainder of 
 the number who had so valiantly defended Turley and 
 his premises succeeded in reaching Santa Fe in safety. 
 The mill was pillaged by the Mexicans, and a large 
 amount of money taken. 
 
 At a fandango in Socorro some ruffians in 1851 
 killed Assistant-quartermaster Clark of the boundary 
 commission, stabbing him with bowie-knives. An ar- 
 
THK TKXAX RORPKR. 
 
 741 
 
 151 
 
 iry 
 
 rest was uuulo of ciijflit or ten persons thought to ho 
 iniphoatod in the crime, wli(t were tried liefore a jury 
 composed of six Mexicans and six connnissioners. 
 The trial lasted two days, resulting in the conviction 
 and execution of three of the criminals. A reward 
 of four hundred dollars was offered for the arrest of 
 Young, the leader of the band, who was soon captured, 
 and after a trial and a full confession of liis grilt was 
 hanged upon the same tree which had hoor used for 
 the execution (»f his accomplices. 
 
 Of all the towns of New Mexico none enjoyed a 
 greater notoriety foi- low morality than Manzana, 
 where about the year 185o appeared to rendezvous 
 desperate men and vile women of every description. 
 
 The following incident, illustrative of the cunning 
 of the ii'entlc savnii't', occurred at Fort l^eiianco in 
 1854. The Navajos had murdered a man near the 
 fort, and at once an impei-ativc order ^\■as sent them 
 by Major Kendricks to deliver the murderer to him. 
 After a little ))arleying. the chiefs saw that no com- 
 promise could be effected, and consented to the hanging 
 of the murderer, only stipulating that they them- 
 selves should be permitted to execute him. This was 
 allowed. At the hour of execution the troops were 
 drawn up in line and witnessed the fulfilment of the 
 agreement, as they supposed; but some time after- 
 ward the revelation was made that instead of the 
 murderer a Mexican ca[)tive had been executed. 
 
 Among stock-raisers inhabiting the western terri- 
 tory the depredations of Comanche and other cattle- 
 stealers were conducted on an extensive scale. It 
 was estimated that one hundred thousaiul head of 
 cattle had been stolen from the north-western )>art 
 of Texas between 1853 and 1873 and that they had 
 been sold in New Mexico. A rich stock-raiser in 
 Palo Pinto having lost heavily in this way, followed 
 the natives, and at great trouble and expense recov- 
 ered several thousand head from New Mexico. He 
 
742 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 icj)()rted a groat many persons in the territory aa 
 directly and indirectly abetting this traffic, by ex- 
 changing arms and clothing for stolen cattle. The 
 commissioners of the Mexican frontier complained 
 that cattle stolen from that country were also in New 
 Mexico. 
 
 Great as was the sorrow of the times in these local- 
 ities, when we read in the Galveston News of May 
 1875 that in three counties of Texas in a single day 
 seventeen men were ai'bitrarily executed, we may 
 hide our modest heads that our annals show so few 
 such takings-off. 
 
 The cries of "Death to the Gringos!" and "Viva 
 Mexico I" were raised by the Mexicans in the towns 
 of Isleta and Saullizarco, on the Texan border, the 
 Othof October 1877. Four hundred armed Mexicans, 
 one hundred of them from the Mexican side of the 
 river, toolc possession of El Paso, Texas, claiming that 
 territory as a part of jMexico. Judge Charles H. 
 Howard was made prisoner by the mob and bound 
 Avith ropes. The seizure of the officials of the entire 
 countv was effijcted. General Escobedo was tried at 
 Brownsville, Texas, for violation of the United States 
 neutrality laws, but was acquitted, as it could not be 
 proved that the armed men in camp with him actually 
 intended to invade Texas. Lieutenant-general Sher- 
 idan, in his annual report dated October 27tli, giving 
 a detailed account of border troubles, said that cattle 
 ran loose by thousands on the American side of the 
 river, and Mexicans and Indians used to come over 
 and steal them. 
 
 Nowhere have I seen more boldly displayed the 
 irony of Chiistian outlawry than on this Texan fron- 
 tier, where drinking, gambling, cattle-stealing, duelling, 
 prize-fighting, camp-meeting, highway -robbery, throat- 
 cutting, promiscuous shooting, and psalm-singing are 
 so simultaneously rampant, where representatives of 
 Christ and Belial turn bruisers and batter one another 
 in most ungodly fashion, where piety and infernal dis- 
 
TUE HISIVUN'OCALIFORNIANS. 
 
 7i;'. 
 
 cord are so indiscriuiinatoly mixed as almost to defy 
 identification. Among specimens of nineteenth-cen- 
 tury United States ignorance, of blind brutal bigotry, 
 the sentiment contained in the following notice found 
 nailed to a tree growing out of the holy soil of Texas, 
 where a man was whipped in the name of Christianity, 
 assuredly should bo placed first: "This is to certii'y 
 that on Saturday night, the Gth of October 1877, th»^ 
 lleveiend Doctor llussell was called to see a mover's 
 wife, camped at this [)lace, and on the doctor's arrival 
 three other men came out and captured him, and hit 
 him a hundred licks vith a leather strap, and let him 
 loose on condition that he nmst not lecture or tlebatt- 
 on inlitlelity any more in this country. Now a word 
 to Nunncly, Posey, Marshall, and in fact to all the 
 leading men of tho infidel club: If any of you take 
 his i)lace wo will burn }^u out of house and Jiome, and 
 hang you until you are dead. If any man in this 
 county is injured on account of what has been done, 
 wc will burn you all out. We have got fifty men to 
 back us. Gents, we mean business; infidelity has got 
 to stop in this county as well as stealing." 
 
 Returning for .*, moment to California, as a fair and 
 truthful historian I cannot close this volume without 
 laying before the reader the credit side of law. We 
 cannot deny that law does something; let us sec what 
 it accomplished during our earlier years, that the 
 charge of prejudice may not lie at our door. In 
 God's name let us have the truth. Let us frankly 
 acknowledge our indebtedness to laws, law courts, 
 judges, and lawyers, for what they have done and 
 are doing for us. 
 
 But first let us glance at what the Hispano-Califor- 
 nians did before the institutions of the great republic 
 were thrown over the country, and compare their 
 doings with ours; for we are inclined to regard our 
 ways superior to theirs. 
 
 The legal executions in California prior to 1847 
 
7a 
 
 ArilZONA, NHW MEXICO, AND MEXICO. 
 
 were aH follows: First, under the Spanish adminis- 
 tration of* FclijH' do Neve, at San Dicj^o April 11. 
 1778, Aaran, Alcuirin, Achil, and Taquaqui, Pamii 
 <;lii»!l'H guilty of a cons[)iracy against the lives of the 
 whites, and who in consideration of future good con- 
 <luct hud in 1770 Ijoen pardoned after conviction of 
 ))articipation in the i-evolt of the previous year, were by 
 oi'der of Couiandante Ortega shot to death. Duriny; 
 the adiiiiiiistiation of Diego de Borica, at Santa Bdr- 
 hara Januniy 10, 1795, Ignacio Rochin, murderer, 
 was shot to death by sentence of the real audiencia 
 of (Tuadalajara. A woman who was his accomplice 
 was sentenced to six years' domestic service without 
 wages. 
 
 Under Jose de Joaquin de Arrillaga, at Santa Bar- 
 bara on the Uth of February 1801 Josd Antonio 
 Rosas, native of Los Angeles, soldier of the Santa 
 J-Jiiibara prcsidial company, eighteen years of age, 
 was condemned for the crime of bestiality with a 
 mule on the "JOth of June 1800. He was sentenfrrl 
 by the auditor de giiei-ra, in accordance with royal or- 
 dinance, to be hanged till dead, and his body then to 
 b<.' burned with that of the beast. The sentence was 
 confirmed by the viceroy. As there was no hangman 
 at hand the young soldier was shot, and the sentence 
 otherwise carried into effect. 
 
 I^'^nder Mexican rule, during the administration of 
 Lu . Antonio Arguello, at Monterey the 6th of Feb- 
 ruary 1824, Pom})onio, neoplwte of San Francisco 
 mission, a noted outlaw guilty of many murders, 
 lapes, and robberies, was shot to death by order of 
 court-martial. At La Purisima Concepcion, March 
 25, 1824, seven Indian rebels, Baltasar, Pacifico, 
 Estevan, Gines, Antonio, Felipe, and Jose Andres, 
 Avere shot to death by order of the court-martial for 
 the murder of Dolores Sepi'dveda and three com- 
 panions. 
 
 Under the administration of Manuel Victoria, at 
 Monterey April 26, 1831, Atanasio, an Indian ser- 
 
RIGID JUSTICE. 
 
 748 
 
 30, 
 
 tor 
 
 at 
 
 jr- 
 
 vant eighteen years of age, was shot to death in 
 accordance with the sentence of the asesdr, confirmed 
 by the governor, for stealing a gross of military 
 buttons. He was suspected of having robbed the 
 storehouse on various occasions, probably to the ag- 
 gregate amount of two hundred and fifty dollars, 
 otherwise his punishment for the theft of the but- 
 tons might have been less severe. Josd Sagarra, ox- 
 privateersman of Buchard's expedition of 1818, and 
 Simon Aguilar, Mexican servant, were shot to death 
 in Monterey May 28, 1831, for stealing articles of 
 insignificant value from the warehouse of Carmclo 
 Mission. At San Francisco in 1831 Francisco Rubio, 
 alias El Coyote, a soldier of the San Francisco pre- 
 sidial company, was shot to death for outrage and 
 iimrder committed on a little girl. Shortly after his 
 execution it was clearly proved, as some say, that he 
 was innocen^ f the crirao. 
 
 At Monterey April 7, 1840, Diego Feliz, soldier, 
 was shot for the 1)7 utul assassination of his wife. Ho 
 was executed b}- order of Castro, approved by the 
 governor, three hours after he had committed the 
 bloody deed. In March 1841 three Mexicans, Va- 
 lencia, Linares, and Duarte, were under sentence of 
 death at Los Angeles for robbing and murdering the 
 German trader Nicholas Fink. Meanw^hile the vaga- 
 bond class had broken into and robbed a tavern, and 
 committed other violent acts. Thirty-three citizens 
 petitioned government for a prompt execution of the 
 trio to serve as an example. On April 7th they were 
 executed, a strong guard of citizens remaining under 
 arms for three days to repress any outbreak in favor 
 of the prisoners. Although the excitement was strong 
 no disturbance occurred. It was through the exertions 
 of foreign residents at Los Angeles that these men 
 were brought to justice. They confessed their guilt in 
 open court. The judge of the first instance condemned 
 them to death, and Governor Alvarado approved the 
 sentence, and ordered the comandante at Santa Bdr- 
 
746 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 bara to carry the same into execution within three 
 days after the receipt of the order. De Mofras says 
 that the foreigners intimated to Alvarado that if the 
 government did not execute the sentence the people 
 would; but what this dogmatic Frenchman says on 
 any subject must be taken cum grano salts. 
 
 The juez de primera instancia, Manuel Dominguez, 
 informs the prefect of the second district that on the 
 7th of July 1842 Samuel Fagget was shot to death. 
 Manuel Gonzalez, a Peruvian, and sacristan of the 
 presidial chapel, was shot at Monterey July 27, 1842, 
 for killing an Englishman. He was sentenced by the 
 court of first instance; the sentence was confirmed 
 by the superior tribunal, and its execution ordered by 
 the governor. 
 
 During Pio Pico's administration Juan de Dios, an 
 Indian, formerly neophyte of La Soledad Mission, 
 murdered two women and a servant in the suburbs of 
 Monterey. In the absence of all civil authorities, 
 Alvarado, Comandante de la linea del Norte, submitted 
 the matter to a junta de oficiales, and the murderer 
 was shot to death July 13, 1845. Under the admin- 
 istration of R. B. Mason, Pedro Gomez, who had 
 murdered his wife, was shot at Santa Cruz August 
 16, 1847, having been tried by the alcalde and a jury 
 of twelve men. 
 
 Drop the curtain. Let a lively interlude be sounded ; 
 then raise it again. 
 
 It was a proud day for the law, the 10th of De- 
 cember 1852. True, it wds only a Spaniard who was 
 hanged, Jose Forin, and for the murder of a Spaniard, 
 but then it was the first legal execution San Francisco 
 had ever seen, and the young metropolis was very 
 proud of it. High on Russian Hill the gallows was 
 erected, on the topmost pinnacle, where all the town 
 might witness the triumphant ceremony, though at the 
 suggestion of certain ones who had no eye for the beau- 
 tiful ir public strangulation, the machine was moved 
 westward over the hill a little way, so that the per- 
 
YOUNG SAN FRANCISCO. 
 
 747 
 
 formance might be conducted somewhat more mod- 
 estly. About half the town turned out; so new a 
 thing it was for the law to punish a murderer. The 
 poor prisoner thought it unfair to begin with him; 
 the law had liberated so many hundreds of worse men ; 
 he thought the law was the friend of criminals, and 
 though he protested his innocence to the last, the law 
 was brave and hanged him up right manfully. It was 
 a glorious sight ! True, the poor fellow was a stranger, 
 without money, friendless, and unable to speak the 
 English language. I did not say that for these he 
 was hanged; true, hundreds more deserving of his 
 fate stood gaping by, thinking how awful it was, how 
 righteous the law that punished him who sinned — 
 and was caught at it. It was a happy sight, I say, 
 this hanging of the moneyless, friendless Spanish 
 stranger; it set so splendid an example to other 
 poor friendless strangers of every nationality. Of 
 course, to wealthy and respectable criminals the spec- 
 tacle taught nothing; but they did not dislike it. 
 Sweet to those who escape just punishment is the 
 just punishment of others! It was a gala day in San 
 Francisco, this 10th of December 1852. Russian Hill 
 was thronged with a great concourse of people. The 
 Marion Rifles and the California Guard were out, 
 flaunting their gayest attire. The streets were lined 
 with carriages ; husbands brought thither their wives, 
 and mothers their children, to witness tlie rare enter- 
 tainment. Three or four clergymen with attendant 
 interpreters assisted at the exodus of this soul; there 
 must be an example, but let it be made suavitcr in 
 modo. Finally, with arms pinioned, legs bound, and 
 black cap drawn over the face, a blow i'rom a hatchet 
 cut the rope that held in place the platform, and the 
 friendless unfortunate dropped into eternity. 
 
 Not until a year and a half after was there another 
 legal execution in San Francisco. This made punish- 
 ment by law very infrequent where crime was so com- 
 mon — not a single legal execution during the first five 
 
74t 
 
 ARIZONA, NEW MEXICO, AND MEXICO. 
 
 years of law and government round Yerba Buena 
 Cove, and then so long an interval without another 
 warning. It was no wonder assassins regarded killing 
 free to all. July 28, 1854, was the date of the second 
 extreme example. William B. Shepherd worked for 
 Henry C. Day, and was betrothed to his daughter. 
 Day withholding his consent to the union, Shepherd 
 stabbed him to death, and was hanged for it in a little 
 valley near the Presidio, ten thousand persons being 
 present as spectators. Another long interval, and 
 early in 1856 we find Nicholas Graham hanging in 
 the jail-yard for killing Joseph Brooks, a fireman on 
 a bay steamboat. Nearly two years now elapsed be- 
 fore another legal execution, which was that of Henry 
 F. N. Mouse for the murder of Peter Becker. De- 
 cember 10, 1858, was the date of this last punish- 
 ment. The machinery now worked a little more 
 evenly. Tipperary Bill, whose true name was Will- 
 iam Morris, was hanged the 10th of June 1859 for 
 the killing of Richard H. Doak. The 30th of Sep- 
 tember 1860 James Whitford was hanged at the 
 county jail for the murder of Edward Sheridan. Then 
 follow Frank Bonney and Albert Leo of the same 
 year; John C. Clarkson in 1861; Barney Olwell and 
 Antonio Sassovich, Thomas Byrnes, and Chung Wong 
 in 1866; John Devine, surnamed The Chicken, and 
 Charles A Russell in 1873; and Chin Mook Sow in 
 1877. Sixteen executions in thirty years, dating from 
 1847, the opening year of Yerba Buena's aspirations. 
 These, with the four hangings by the Vigilance Com- 
 mittee of 1851, and four by that of 1856, comprise 
 the catalogue. Millions of money had been paid by 
 the citizens to keep running criminal courts and police 
 regulations these thirty years, and hundreds of men 
 were all the time at large whom the law pronounced 
 guilty of death, and only sixteen capital punishments I 
 Says the Sacramento Union of the 28th of May 
 (jf the citizens composing the Committee of 1856: 
 "They have calmly stood by and seen and heard of 
 
IMBECILE LAW. 
 
 740 
 
 some fourteen hundred murders in San Francisco in 
 SIX years, and only three of the murderers hung, 
 under the law, and one of those was a friendless Mex- 
 ican." 
 
 I have given in this volume many examples of 
 Popular Tribunals, but the half has not been told. 
 n IS safe to say that thus far in the history of these 
 Pacific States far more has been done toward righting 
 wrongs and administering justice outside the pale of 
 law than within it. 
 
 Out of five hundred and thirty-five homicides which 
 occurred in California during the year 1855 there 
 were but seven legal executions and forty-nine in- 
 formal ones. Of the latter ten occurred in the month 
 of January, not one of which would have been con- 
 summated if left to the machinery of law. So it was 
 m Nevada ten years later: to one hundred and fifty 
 homicides there were but two legal executions. It 
 was the Augustan age of murder.