The Shirley Letters from California Mines in 1851-52 Part 7

I knew a strong-minded bloomer at home, of some talent, and who was possessed, in a certain sense, of an excellent education. One day, after having flatteringly informed me that I really _had_ a "soul above b.u.t.tons" and the nursery, she gravely proposed that I should improve my _mind_ by poring six hours a day over the metaphysical subtleties of Kant, Cousin, etc., and I remember that she called me a "piece of fashionable insipidity," and taunted me with not daring to go out of the beaten track, because I _truly_ thought (for in those days I was an humble little thing enough, and sincerely desirous of walking in the right path as straitly as my feeble judgment would permit) that there were other authors more congenial to the flowerlike delicacy of the feminine intellect than her pet writers.

When will our s.e.x appreciate the exquisite philosophy and truth of Lowell's remark upon the habits of Lady Redbreast and her esposo Robin, as ill.u.s.trating the beautifully varied spheres of man and woman?--

He sings to the wide world, she to her nest; In the nice ear of Nature, which song is the best?

Speaking of birds reminds me of a misfortune that I have lately experienced, which, in a life where there is so little to amuse and interest one, has been to me a subject of real grief. About three weeks ago, F. saw on the hill a California pheasant, which he chased into a coyote-hole and captured. Knowing how fond I am of pets, he brought it home and proposed that I should try to tame it. Now, from earliest childhood I have resolutely refused to keep _wild_ birds, and when I have had them given to me (which has happened several times in this country,--young bluebirds, etc.), I have invariably set them free, and I proposed doing the same with the pretty pheasant, but as they are the most delicately exquisite in flavor of all game, F. said that if I did not wish to keep it he would wring its neck and have it served up for dinner. With the cruelty of kindness--often more disastrous than that of real malice--I shrank from having it killed, and consented to let it run about the cabin.

It was a beautiful bird, a little larger than the domestic hen. Its slender neck, which it curved with haughty elegance, was tinted with various shades of a shining steel color. The large, bright eye glanced with the prettiest shyness at its captors, and the cl.u.s.ter of feathers forming its tail drooped with the rare grace of an ostrich-plume. The colors of the body were of a subdued brilliancy, reminding one of a rich but somber mosaic.

As it seemed very quiet, I really believed that in time we should be able to tame it. Still, it _would_ remain constantly under the sofa or bedstead. So F. concluded to place it in a cage for a few hours of each day, in order that it might become gradually accustomed to our presence. This was done, the bird appearing as well as ever, and after closing the door of its temporary prison one day I left it and returned to my seat by the fire. In less than two minutes afterwards, a slight struggle in the cage attracted my attention. I ran hastily back, and you may imagine my distress when I found the beautiful pheasant lying lifeless upon the ground. It never breathed or showed the faintest sign of life afterwards.

You may laugh at me if you please, but I firmly believe that it died of homesickness. What wonder that the free, beautiful, happy creature of G.o.d, torn from the sight of the broad blue sky, the smiling river, and the fresh, fragrant fir-trees of its mountain-home, and shut up in a dark, gloomy cabin, should have broken in twain its haughty little heart? Yes, you may laugh, call me sentimental, etc., but I shall never forgive myself for having killed, by inches, in my selfish and cruel kindness, that pretty creature.

Many people here call this bird a grouse, and those who have crossed the plains say that it is very much like the prairie-hen. The Spanish name is gallina del campo, literally, hen of the field. Since the death of my poor little victim, I have been told that it is utterly impossible to tame one of these birds, and it is said that if you put their eggs under a domestic fowl, the young, almost as soon as hatched, will instinctively run away to the beloved solitudes of their congenial homes, so pa.s.sionately beats for liberty each pulse of their free and wild natures.

Among the noteworthy events which have occurred since my last, I don't know how I came to forget until the close of my letter two smart shocks of an earthquake to which we were treated a week ago. They were awe-inspiring, but, after all, were nothing in comparison to the timber-quake, an account of which I have given you above. But as F. is about to leave for the top of the b.u.t.te Mountains with a party of Rich Barians, and as I have much to do to prepare him for the journey, I must close.

LETTER _the_ ELEVENTH

[_The_ PIONEER, _December_, 1854]

ROBBERY, TRIAL, EXECUTION--MORE TRAGEDY

SYNOPSIS

Theft of gold-dust. Arrest of two suspected miners. Trial and acquittal at miners' meeting. Robbed persons still believe accused guilty.

Suspects leave mountains. One returns, and plan for his detection is successful. Confronted with evidence of guilt, discloses, on promise of immunity from prosecution, hiding-place of gold-dust. Miners, however, try him, and on conviction he is sentenced to be hanged one hour thereafter. Miners' mode of trial. Respite of three hours. Bungling execution. Drunken miner's proposal for sign of guilt or innocence.

Corpse "enwrapped in white shroud of feathery snowflakes". Execution the work of the more reckless. Not generally approved. The Squire, disregarded, protested. Miners' procedure compared with the moderation of the first Vigilance Committee of San Francisco. Singular disappearance of body of miner. Returning to the States with his savings, his two companions report their leaving him in dying condition. Arrest and fruitless investigation. An unlikely bequest of money. Trial and acquittal of the miner's companions. Their story improbable, their actions like actual murder.

Letter _the_ Eleventh

ROBBERY, TRIAL, EXECUTION--MORE TRAGEDY

_From our Log Cabin_, INDIAN BAR,

_December_ 15, 1851.

I little thought, dear M., that here, with the "green watching hills"

as witnesses, amid a solitude so grand and lofty that it seems as if the faintest whisper of pa.s.sion must be hushed by its holy stillness, I should have to relate the perpetration of one of those fearful deeds which, were it for no other peculiarity than its startling suddenness, so utterly at variance with all _civilized_ law, must make our beautiful California appear to strangers rather as a hideous phantom than the flower-wreathed reality which she is.

Whether the life which a few men, in the impertinent intoxication of power, have dared to crush out was worth that of a fly, I do not know,--perhaps not,--though G.o.d alone, methinks, can judge of the value of the soul upon which he has breathed. But certainly the effect upon the hearts of those who played the princ.i.p.al parts in the revolting scene referred to--a tragedy, in my simple judgment, so utterly useless--must be demoralizing in the extreme.

The facts in this sad case are as follows. Last fall, two men were arrested by their partners on suspicion of having stolen from them eighteen hundred dollars in gold-dust. The evidence was not sufficient to convict them, and they were acquitted. They were tried before a meeting of the miners, as at that time the law did not even _pretend_ to wave its scepter over this place.

The prosecutors still believed them guilty, and fancied that the gold was hidden in a coyote-hole near the camp from which it had been taken.

They therefore watched the place narrowly while the suspected men remained on the Bar. They made no discoveries, however, and soon after the trial the acquitted persons left the mountains for Marysville.

A few weeks ago, one of these men returned, and has spent most of the time since his arrival in loafing about the different barrooms upon the river. He is said to have been constantly intoxicated. As soon as the losers of the gold heard of his return, they bethought themselves of the coyote-hole, and placed about its entrance some brushwood and stones in such a manner that no one could go into it without disturbing the arrangement of them. In the mean while the thief settled at Rich Bar, and pretended that he was in search of some gravel-ground for mining purposes.

A few mornings ago he returned to his boarding-place, which he had left some hour earlier, with a spade in his hand, and, as he laid it down, carelessly observed that he had been out prospecting. The losers of the gold went, immediately after breakfast, as they had been in the habit of doing, to see if all was right at the coyote-hole. On this fatal day they saw that the entrance had been disturbed, and going in, they found upon the ground a money-belt which had apparently just been cut open.

Armed with this evidence of guilt, they confronted the suspected person and sternly accused him of having the gold in his possession.

Singularly enough, he did not attempt a denial, but said that if they would not bring him to a trial (which of course they promised) he would give it up immediately. He then informed them that they would find it beneath the blankets of his bunk, as those queer shelves on which miners sleep, ranged one above another somewhat like the berths of a ship, are generally called. There, sure enough, were six hundred dollars of the missing money, and the unfortunate wretch declared that his partner had taken the remainder to the States.

By this time the exciting news had spread all over the Bar. A meeting of the miners was immediately convened, the unhappy man taken into custody, a jury chosen, and a judge, lawyer, etc., appointed. Whether the men who had just regained a portion of their missing property made any objections to the proceedings which followed, I know not. If they had done so, however, it would have made no difference, as the _people_ had taken the matter entirely out of their hands.

At one o'clock, so rapidly was the trial conducted, the judge charged the jury, and gently insinuated that they could do no less than to bring in with their verdict of guilty a sentence of _death!_ Perhaps you know that when a trial is conducted without the majesty of the law, the jury are compelled to decide not only upon the guilt of the prisoner, but the mode of his punishment also. After a few minutes'

absence, the twelve men, who had consented to burden their souls with a responsibility so fearful, returned, and the foreman handed to the judge a paper, from which he read the will of the _people_, as follows: That William Brown, convicted of stealing, etc., should, in _one hour_ from that time, be hung by the neck until he was dead.

By the persuasions of some men more mildly disposed, they granted him a respite of _three hours_ to prepare for his sudden entrance into eternity. He employed the time in writing, in his native language (he is a Swede), to some friends in Stockholm. G.o.d help them when that fatal post shall arrive, for, no doubt, _he_ also, although a criminal, was fondly garnered in many a loving heart.

He had exhibited, during the trial, the utmost recklessness and nonchalance, had drank many times in the course of the day, and when the rope was placed about his neck, was evidently much intoxicated. All at once, however, he seemed startled into a consciousness of the awful reality of his position, and requested a few moments for prayer.

The execution was conducted by the jury, and was performed by throwing the cord, one end of which was attached to the neck of the prisoner, across the limb of a tree standing outside of the Rich Bar graveyard, when all who felt disposed to engage in so revolting a task lifted the poor wretch from the ground in the most awkward manner possible. The whole affair, indeed, was a piece of cruel butchery, though _that_ was not intentional, but arose from the ignorance of those who made the preparations. In truth, life was only crushed out of him by hauling the writhing body up and down, several times in succession, by the rope, which was wound round a large bough of his green-leaved gallows. Almost everybody was surprised at the severity of the sentence, and many, with their hands on the cord, did not believe even _then_ that it would be carried into effect, but thought that at the last moment the jury would release the prisoner and subst.i.tute a milder punishment.

It is said that the crowd generally seemed to feel the solemnity of the occasion, but many of the drunkards, who form a large part of the community on these bars, laughed and shouted as if it were a spectacle got up for their particular amus.e.m.e.nt. A disgusting specimen of intoxicated humanity, struck with one of those luminous ideas peculiar to his cla.s.s, staggered up to the victim, who was praying at the moment, and, crowding a dirty rag into his almost unconscious hand, in a voice broken by a drunken hiccough, tearfully implored him to take his "hankercher," and if he were _innocent_ (the man had not denied his guilt since first accused), to drop it as soon as he was drawn up into the air, but if _guilty_, not to let it fall on any account.

The body of the criminal was allowed to hang for some hours after the execution. It had commenced storming in the earlier part of the evening, and when those whose business it was to inter the remains arrived at the spot, they found them enwrapped in a soft white shroud of feathery snowflakes, as if pitying nature had tried to hide from the offended face of Heaven the cruel deed which her mountain-children had committed.

I have heard no one approve of this affair. It seems to have been carried on entirely by the more reckless part of the community. There is no doubt, however, that they seriously _thought_ they were doing right, for many of them are kind and sensible men. They firmly believed that such an example was absolutely necessary for the protection of this community. Probably the recent case of Little John rendered this last sentence more severe than it otherwise would have been. The Squire, of course, could do nothing (as in criminal cases the _people_ utterly refuse to acknowledge his authority) but protest against the whole of the proceedings, which he did in the usual legal manner.

If William Brown had committed a murder, or had even attacked a man for his money; if he had been a quarrelsome, fighting character, endangering lives in his excitement,--it would have been a very different affair. But, with the exception of the crime for which he perished (he _said_ it was his first, and there is no reason to doubt the truth of his a.s.sertion), he was a harmless, quiet, inoffensive person.

You must not confound this miners' judgment with the doings of the n.o.ble Vigilance Committee of San Francisco. They are almost totally different in their organization and manner of proceeding. The Vigilance Committee had become absolutely necessary for the protection of society. It was composed of the best and wisest men in the city. They used their power with a moderation unexampled in history, and they laid it down with a calm and quiet readiness which was absolutely sublime, when they found that legal justice had again resumed that course of stern, unflinching duty which should always be its characteristic. They took ample time for a thorough investigation of all the circ.u.mstances relating to the criminals who fell into their hands, and in _no_ case have they hung a man who had not been proved beyond the shadow of a doubt to have committed at least _one_ robbery in which life had been endangered, if not absolutely taken.

But by this time, dear M., you must be tired of the melancholy subject, and yet if I keep my promise of relating to you all that interests _us_ in our new and strange life, I shall have to finish my letter with a catastrophe in many respects more sad than that which I have just recounted.

At the commencement of our first storm, a hard-working, industrious laborer, who had acc.u.mulated about eight hundred dollars, concluded to return to the States. As the snow had been falling but a few hours when he, with two acquaintances, started from Rich Bar, no one doubted that they would not reach Marysville in perfect safety. They went on foot themselves, taking with them one mule to carry their blankets. For some unexplained reason, they took an unfrequented route. When the expressman came in, he said that he met the two companions of R. eight miles beyond Buck's Rancho, which is the first house one finds after leaving Rich Bar, and is only fourteen miles distant from here.

These men had camped at an uninhabited cabin called the "Frenchman's,"

where they had built a fire and were making themselves both merry and comfortable. They informed the expressman that they had left their _friend_ (?) three miles back, in a dying state; that the cold had been too much for him, and that no doubt he was already dead. They had brought away the money, and even the _blankets_, of the expiring wretch! They said that if they had stopped with him they would have been frozen themselves. But even if their story is true, they must be the most brutal of creatures not to have made him as comfortable as possible, with _all_ the blankets, and, after they had built their fire and got warm, to have returned and ascertained if he were really dead.

On hearing the expressman's report, several men who had been acquainted with the deceased started out to try and discover his remains. They found his violin, broken into several pieces, but all traces of the poor fellow himself had disappeared, probably forever.

In the mean while some travelers had carried the same news to Burke's Rancho, when several of the residents of that place followed the two men, and overtook them, to Bidwell's Bar, where they had them arrested on suspicion of murder. They protested their innocence, of course, and one of them said that he would lead a party to the spot where they had left the dying man. On arriving in the vicinity of the place, he at first stated that it was under one tree, then another, and another, and at last ended by declaring that it was utterly impossible for him to remember where they were camped at the time of R.'s death.

In this state of things, nothing was to be done but to return to B.'s, when, the excitement having somewhat subsided, they were allowed to proceed on their journey, the money, which they both swore R. had willed in his dying moments to a near relation of one of these very men, having been taken from them, in order to be sent by express to the friends of the deceased in the States.

Although they have been acquitted, many shake their heads doubtfully at the whole transaction. It seems very improbable that a man, accustomed all his life to hard labor and exposure, even although slightly unwell, as it is said he was, at the time, should have sunk under the cold during a walk of less than twenty miles, amid a gentle fall of snow and rain, when, as it is well known, the air is comparatively mild. It is to be hoped, however, that the companions of R. were brutal rather than criminal, though the desertion of a dying friend under such circ.u.mstances, even to the last unfeeling and selfish act of removing from the expiring creature his blankets, is, in truth, almost as bad as actual murder.

I hope, in my next, that I shall have something more cheerful than the above chapter of horrors to relate. In the mean while, adios, and think as kindly as you can of the dear California, even though her l.u.s.trous skies gaze upon such barbarous deeds.