Class _ 
 Book 
 
 COPYRIGHT DEPOSIT 
 
UNTOLD TALES 
 OF CALIFORNIA 
 
 Short Stories Illustrating 
 Phases of Life Peculiar to 
 Early Days in the West 
 
 Embalmed in Book that they May Remain 
 When the Actors are Gone J> J' J- J- 
 
 By ]. A, FILCHER 
 
 J903 
 
 7i 
 

 
 ^T^O the sturdy men who weathered the wikls 
 of the West, and laid the foundatiou of 
 the great Pacific States, is this little volume 
 most revereutlv dedicated. 
 
 COPYRIGHTED 
 1903 
 
PREFACE 
 
 INCIDENTS which occurred in the earl}- days 
 of California tell the story of the condition 
 of society- at that time, and the character of the 
 men who hewed this State out of a wilderness, 
 better than could he told in volumes of descrijv 
 tive matter. 
 
 The men who were participants in, or at least 
 witnesses of, many characteristic tragedies or 
 other thrilling or interesting happenings of the 
 earlier California life, and who liaA^e fascinated 
 succeeding generations by their narratives, are 
 fast passing to their reward, and very soon 
 some of the richest true stories of Western life 
 will be told for the last time unless they can be 
 embalmed in literature while at least a I'eAv of 
 the actors are yet here to authenticate them. 
 "Untold Tales," which is to say unrecorded 
 tales of California, is a theme worthy of the 
 ablest pen, and the data necessary to its com- 
 pleteness is deserving of extended research. It 
 may now be too late to do the subject full jus- 
 tice, as doubtless many interesting stories are 
 
gone with those whose words or deeds created 
 them. 
 
 It is with the view of recording a few inci- 
 dents and happenings peculiar to early life in 
 California, which otherwise might soon be for- 
 gotten, that the following brief stories are writ- 
 ten, and not with any hope of doing the subject 
 that full justice which ought to be done by some 
 one who has more talent and time to devote to it. 
 
 The Author. 
 
CONTENTS. 
 
 I. Sam Astox 9 
 
 II. Justice vs. Law 15 
 
 III. The liMPERiLED Mixer - - - - 24 
 
 IV. Lost Sheep 32 
 
 V. EXCOUXTERING WlLD AxiMALS - - - 39 
 
 VI. Justice Joxes 46 
 
 VII. Mouxtaix Holdups 58 
 
 An Irishman's Nerve - - - 58 
 
 Poor Fool Hardy 60 
 
 Brave Dan Daly 64 
 
 Last Holdup at Robber Bend - - 68 
 
 VIII. Teamster Stories . - . . 75 
 
 Teamster Black 83 
 
 Mule vs. Horse 92 
 
 A Teamster Convert - - - 105 
 
 Jack Robinson 115 
 
 Hair Lip Pete .... 122 
 
 IX. Hiram Hawkixs 126 
 
 X. The Two Verdicts - - - . 132 
 
 XL Hearts Were Trumps - - - 138 
 
 XII. A Twelve- Year-Old Hero - - 148 
 
SAM ASTON — SEE PAGE 14. 
 
CHAPTEK I. 
 
 SAM ASTON. 
 
 3 AM was an early California character, strik- 
 ingly fitting the times and conditions. 
 Physically he was a fine specimen of manhood. 
 He was tall, muscular, and as straight as an In- 
 dian. He had a good head, a fine face, and an eye 
 that was all love or all vengeance according to 
 his emotions. He had great will power and 
 his better nature dominated most of his acts. 
 When aroused, however, he was a tiger, and 
 woe to him who stood in his way. Whether 
 mild or mad he seemed to know no such word 
 as fear. Fortunately, however, he was seldom 
 mad. Others in his presence might lose their 
 temper and swear and fight and even shoot, but 
 Sam on such occasions was usually cool, col- 
 lected and good natured. While known to be 
 afraid of no man and a match for any, his 
 efforts were always for peace. As Mark Twain 
 
10 
 
 said of Buck Fensliaw, "he would have peace if 
 he had to fight for it." That is, Sam wouhl in- 
 terfere if needs be to stop an unequal fight or a 
 shooting scrape where he saw some good man 
 might be needlessly killed. Hp was always for 
 fair play. 
 
 Such a man, as may be supposed, was per- 
 sonally very popular. But with all his natural 
 endowments he could neither read nor write. 
 This lack of learning, however, seemed to make 
 no difference with the men in the mines when 
 it came to the matter of choosing the first Sheriff 
 of Placer, when the county was organized soon 
 after the admission of California into the Union. 
 Sam was overwhelmingly elected and in spite 
 of his illiteracy he filled the office very accept- 
 ably. 
 
 Early in his term, and before the County had 
 time to build even a jail, Sam arrested a China- 
 man for sluice robbing. A little earlier the 
 culprit would have been hung without ceremony 
 to the limbs of the nearest tree, but now Cali- 
 fornia was a State of the Union, it had a con- 
 stitution and a code of laws, and officers chosen 
 
11 
 
 to .'ulniinister thorn. Accordiuf^ to tlui inor.-il 
 code of the earliest miners, any man, whether 
 white, black, red or yellow, who would rob a 
 miner's sluice deserved to be Imng on the spot, 
 and this course was generally adopted. But 
 the moral code had been superseded by the 
 written code, and the law officers were bound to 
 see that the offending Chinaman be tried and 
 treated according to the written code. Hence, 
 while one of Sam's deputies stood guard over 
 the sluice robber a jury was impaneled to try 
 the case. 
 
 Out under the si>reading branches of a great 
 live oak tree, the stump of which has been 
 pointed to until recently as the scene of the 
 earliest court trials in Placer County, the jur>' 
 assembled, and with the judge seated on a camp 
 stool and the jury on a log, the trial proceeded. 
 The District Attorney prosecuted and a young 
 lawyer (afterwards famous as a District and 
 Superi(3r Judge) defended. The testimony 
 showed that the Chinaman had been caught in 
 the act, and after brief arguments by the attor- 
 neys and a few words of instruction bv the 
 
12 
 
 Judge his case was submitted to the jury. They 
 retired to the shade of another tree near by to 
 deliberate, and in a few minutes returned with 
 a verdict of "guilty." 
 
 The case now was up to the Court. He could 
 not hang the Chinaman, and the county had no 
 jail. Here was a dilemma. The Judge reflected 
 for a few moments, and then as though relieved 
 1)y a bright thought, he said : 
 
 "This man stands convicted of a very serious 
 and aggravating offense, and yet under the laAvs 
 of California we cannot hang him. The statute 
 suggests imprisonment, and yet we have no 
 prison. His offense must be discouraged. The 
 miner, with no means to guard his claims except 
 at the expense of needed sleep, and with no safe 
 in which to lock his dust, must be protected 
 from the depredations of thieves. To this end 
 an example must be made of this offender. I 
 think there can be no criticism if we administer 
 to him severe corporal punishment. I, there- 
 fore, sentence this Chinaman to receive fifty 
 lashes on the bare back, to be administered by 
 the Sheriff, and I direct that he exert his full 
 
physical force in executing the sentence and use 
 the best l")lacksnake he can i)rocure for the pur- 
 pose." 
 
 When the Chinamen in camp heard that their 
 countryman was to be whipped, a proceeding to 
 them more humiliating and disgraceful than 
 death, they became greatly agitated, and excite- 
 ment and noise in Chinatown ran high. They 
 
 hurried to the young attorney who had been 
 employed to defend their countryman and 
 eagerly asked if he could not stop the whipping. 
 
 "I can appeal the case," he said deliberately. 
 
 "How muchie?" "how muchie?" they chimed 
 in chorus. 
 
 "Oh, about 1500." 
 
 A hurried canvas resulted in collecting the 
 dust, and after being weighed to satisfy the 
 attorney that there was $500 worth, the latter 
 took the gold and deliberately started up the 
 hill to the cabin which Avas used by the ShorifT 
 as office and headquarters. 
 
 On arriving there he said: 
 
 "Sam, you needn't execute the sentence on 
 that Chinaman, I am going to appeal the case." 
 
14 
 
 "You are going to what?" ([ueried Aston. 
 
 "I am going to appeal the case." 
 
 "Peel be d nd," said the Sheriff. "I 
 
 peeled that scoundrel and turned him loose half 
 an hour ago." 
 
 It is not recorded whether the attorney ever 
 returned the $500 in gold dust to the Chinamen 
 or not. 
 
 Aston's end was as tragic and sad as his life 
 had been eA^entful and romantic. Like many 
 another big hearted man his success proved his 
 undoing. His convivial habits led to excesses. 
 In later years he became a wreck. The last 
 time the writer saw him he asked for the Y>rico 
 of a drink. A few days later he was found in a 
 little back store room of a mountain saloon. He 
 was lying on his back with his mouth directly 
 under the faucet of a barrel of whiskey. The 
 faucet was turned, his mouth was full to the 
 edge of his lips, a pool of liquor was all around 
 him, and Sam Aston was dead. 
 
CHAPTER II. 
 
 JUSTICE VS* LAW* 
 
 ^WAY up in old Tuolumne a case occurred 
 ^ in earl}' days which indicates the character 
 of the men and the ideas of justice that dom- 
 inated many of the mining communities at that 
 time. 
 
 A quiet, unobtrusive stranger came into camp 
 and, after looking around a day or two, 
 he bought a claim and went to work. Before he 
 had time to make much out of his purchase he 
 bought two more claims, and soon afterwards 
 another, and a little later still another. For 
 each purchase he "pungled" down the dust, a 
 circumstance which gave rise to the very natural 
 conclusion that he must have plenty of money. 
 
 He was a good man for the camp and was 
 appreciated as such, especially as his dealings 
 were fair and his general conduct above re- 
 proach. He was regarded as somewhat of a 
 
16 
 mystery, but what did the miners care who he 
 was or where he came from, or what his ante- 
 cedents were, so long as he had money and 
 showed a willingness to invest it and a disposi- 
 tion to treat everybody fairly. 
 
 He lived alone in a little cabin which he 
 bought with one of the claims. In discussing 
 the subject of his wealth, and its supposed loca- 
 tion, the opinion was often expressed that hid- 
 den in or around that cabin there was a good 
 deal of gold. 
 
 The stranger wore well on acquaintance. The 
 better the boys knew him the better they liked 
 him. He attended strictly to his own business, 
 while treating every body, whether day laborer, 
 mine owner or gambler, with equal considera- 
 tion and respect. 
 
 One morning he did not show up at his claims, 
 and a man who was sent to ascertain the cause 
 found his disfigured remains lying on the cabin 
 lloor in a pool of blood. The alarm was given 
 and a hasty investigation showed plainly that 
 he had been murdered. His head was cnished 
 in, his throat was cut, and there were several 
 
17 
 knife wounds in the body, any one of which 
 wonld have proven fatal. The contents of the 
 cabin were badly disarranged, showing that 
 after committing the crime the murderer had 
 turned everything upside down in his search for 
 hidden treasure. The bed ticking was ripped 
 open and the floor torn up, so thorough had 
 been the search for the dead man's money. 
 
 As may be supposed the camp was desper- 
 ately aroused and a miners' meeting was called 
 immediately to determine on a course of proce- 
 dure. In those days it was customary to refer 
 everything to a miners' meeting. 
 
 Suspicion pointed to a young gambler in the 
 camp, who had recently been playing in hard 
 luck, and when he did not put in an appearance 
 at the meeting and inquiry failed to discover 
 anybody who had seen him that day, it was 
 settled that he was the culprit, and at once the 
 miners resolved themselves into a posse to 
 scour the country and hunt down the missing 
 gambler and bring him in dead or alive. 
 
 Men started in all directions, some on foot 
 and some on horseback, and before night the 
 
18 
 suspect was found and escorted back to camp. 
 The blood stains on his clothes were frightful 
 telltales, and vet he refused to affirm or deny 
 that he knew anything about the murder. 
 
 He was immediately taken to the tent, built 
 partly of logs and partly of canvas, of the Jus- 
 tice of the Peace, and while eight or ten men re- 
 mained to guard him the constable went out to 
 summon a jury. 
 
 There was a character in the camp, a well 
 educated Virginian, by the name of Llewellyn. 
 He was the embodiment of politeness and dig- 
 nity when sober, but he was seldom sober. In 
 his cups he was less dignified, but if possible 
 more polite. He was in his cups this day. He 
 walked into the justice court and addressing 
 the waiting magistrate, said : 
 
 "If it please your honor I hope you will give 
 this man a fair and impartial trial and be quick 
 about it, as the boys are anxious to have the 
 hanging." 
 
 The Justice's name was Stone. He usually 
 wore a silk tile and assumed some dignity him- 
 self. He said to Llewellyn: "I cannot allow 
 
 y 
 
19 
 
 you to come in here and talk that way in the 
 presence of the prisoner. Yon must sit down 
 and be quiet or leave the coui*t room." 
 
 "Me sir, me?" said the Virginian; "why, 
 Judge, you don't know, sir, who you are talking 
 to. What do you represent? The law, sir; 
 simply the law ; while I, sir, I come from the 
 people outside, and represent Justice — fair, im- 
 pai-tial Justice — that beautiful goddess that 
 ever holds the scales equally balanced and gives 
 to each and every man according to his desei-ts." 
 
 "Will you please get out of here?" said the 
 Justice. 
 
 "I will not, sir, I represent Justice, I tell you, 
 and Justice has no fear of the law, though at 
 times she may shy a little at the courts." 
 
 "I want to say," put in the Justice, "if you 
 don't get out of here I shall have to put you 
 out." 
 
 "Judge, I am surprised that you should speak 
 that way. Don't you know, sir, I could whip 
 both this Couii and the Constable if I wanted 
 to in less than five minutes. I, sir, am a Vir- 
 ginian, and I can fight, sir; I can fight." 
 
•20 
 
 " You can get out of here," said the Justice, 
 rising and going toward the good natured but 
 slightly inebriated intruder. 
 
 Those present had been rather amused at 
 the colloquy between the Justice and old man 
 Llewellyn, but when they saw there might be 
 an encounter between the two, four or five of 
 those who were ostensibly guarding the prisoner 
 jumped up to inteii'ere. 
 
 At this very moment a carriage, to which was 
 hitched four good horses, halted suddenly in 
 front of the door, and in an instant three men 
 jumped out and came bolting into the tent. 
 This unexpected interruption added to the con- 
 fusion, and before the Justice or the guards 
 could realize what it all meant the three men 
 grabbed the prisoner, and rushing him into the 
 carriage drove off on a gallop in the direction 
 of Sonora, the county seat. 
 
 It developed that the three men who had 
 thus, as it were, kidnapped the prisoner, were 
 Sheriff Swope and two of his most trusted 
 deputies. 
 
 News had reached Sonora of the threatened 
 
21 
 
 lyncliing of the accused murderer, and witli all 
 haste the Sheriff had i)roceeded to the camp in 
 hopes of preventing the possibilit}' of a second 
 tragedy. 
 
 The capture of the culprit by the Sheriff of 
 the county aroused the miners to bitter feelings 
 of resentment. Before they had been deter- 
 mined; now they were desperate. What they 
 would have done to the accused if left alone is 
 hard to tell, but now if they could overtake and 
 capture him his fate was sealed ; and they de- 
 termined to try. Blood had been shed, an in- 
 nocent and popular miner had been butchered 
 in his bed, and nothing but blood could wash 
 out the stain. 
 
 At a miners' meeting called almost before the 
 Sheriff's carriage was out of sight, a motion 
 prevailed that every man who had a horse and 
 a gun should stai-t immediately in pursuit of 
 the stealthy and brave Sheriff' and return the 
 prisoner at nil hazards. 
 
 There Avas a. trail to Sonora much shorter 
 than the wagon road, and down this trail the 
 horsemen started on a fast gallop, one after an- 
 
22 
 other, as soon as they could get ready for the 
 chase. 
 
 At a point about six miles by the trail and 
 twice six miles by the road, the road and the 
 trail crossed. 
 
 When the advance horsemen reached this 
 point they judged from the tracks that the 
 Sheriff had not gotten that far and the>' con- 
 cluded to wait his arrival. While they waited 
 reinforcements kept coming up, and when the 
 peace officer finally reached the spot he found 
 his path blocked by a determined band of his 
 once admiring constituents. 
 
 It is unnecessary to relate all that lia])])ened 
 at this critical and interesting juncture. 
 Enough to say is that the horsemen returned 
 to camp late that night, and the next morning 
 travelers on the road who passed the place 
 where they and the Sheriff had met, saw hang- 
 ing to a limb the body of Jesse Starke, and they 
 knew that the murder of Madison Parker had 
 been avenged. 
 
 In the five minutes allowed the prisoner in 
 which to say his prayers he confessed all. 
 
23 
 "I will tell you, sir, I will toll you," said 
 Llewellyn when he heard of the prisoner's fate, 
 "justice is mighty and will prevail. The law is 
 all right, sometimes, but in case of an atrocious 
 and unprovoked murder like the one which has 
 just disgraced our camp. Justice, sir, is the only 
 adequate remedy. Had the law retained that 
 man there is no telling what might have hap- 
 pened." 
 
CHAPTER III. 
 
 THE IMPERILED MINER. 
 
 TT Avas in the fall of 1854 that a party of pros- 
 pectors left Hangtown for San Juan, in 
 Nevada County, prompted by the report of rich 
 strikes in the latter locality. They traveled on 
 foot, using burros and mules to pack their grub 
 and mining tools. They proceeded without in- 
 cident until they reached a point near Grass 
 Valley, where, on the banks of a small stream 
 that trickled down a shallow ravine from a 
 neighboring spring, they pitched their camp for 
 the night. 
 
 In the party were two young men, Oscar 
 Olsen and Henry Geiger, who had come to- 
 gether from the same neighborhood in the East, 
 who had attended the same school when boys, 
 who knew each other's people, and who were 
 friends. 
 
 The other members of the company were 
 
25 
 
 strangers to these two boys until tliey started 
 on this trip. A common impulse to leave 
 Hangtown for the diggings of North San Juan 
 at the same time had naturally thrown them 
 together, otherwise there was nothing in com- 
 mon between them. 
 
 On the night in (juestion, the mule owned l\\' 
 Olsen and Geiger, and used by them to pack 
 their outfit, broke his halter soon after being 
 staked out and wandered off into the darkness 
 and the bnish. 
 
 The animal was not missed until after the 
 boys had eaten their supper, when Olsen started 
 out to try and find him. 
 
 The others tried to persuade him from going, 
 insisting that the mule would not go far from 
 the camj), but the good natured Olsen gave no 
 heed to their remonstrances, remarking as he 
 started away that he Avould sleep better if he 
 knew the long eared brute was safe. 
 
 Accordingly, he climbed the hill in the direc- 
 tion Avhich he supposed the missing animal had 
 taken and was soon out of sight and out of 
 hearing. 
 
26 
 
 An hour passed and Olsen did not return, 
 but it was not until the exx>iration of two hours 
 that his companions begun to grow a little anxi- 
 ous. At the end of three hours the fear was 
 expressed that he had fallen into a shaft, or pos- 
 sibly been killed or captured by Indians. 
 
 Geiger by this time was very restless and 
 wanted everybody to join him in a hunt for 
 his friend. The others would not listen to the 
 suggestion, insisting that it would be a fool- 
 hardy venture, but promised when daylight 
 came they would not move on until they had 
 scoured the surrounding country and ascer- 
 tained, if possible, the fate of the young miner. 
 
 After agreeing to this arrangement, all hands 
 went to bed, but Geiger did not sleep. Visions 
 of the missing man bleeding from wounds made 
 by piercing arrows, or mangled and bruised and 
 dying at the bottom of some deep shaft, dis- 
 turbed his rest, and try as he might he could 
 not lose himself to the world and its troubles. 
 As the night wore on his condition became pain- 
 ful, and at last, unable to endure the suspense 
 and anxiety any longer, he quietly pulled on 
 
27 
 his boots, donuod his coat and started over the 
 hill iu the direction taken by his friend. 
 
 He wandered aimlessly here and there until 
 streaks of gray begun to show themselves in 
 the Eastern sky, and then he turned his steps 
 towards the camp intent on arousing his com- 
 panions and pursuing the search more system- 
 atically. 
 
 He had not gone far when he was stai-tled by 
 a subdued cry which seemed to come to him 
 from out of the eai-th. Suddenly he stopped 
 and listened, lifter a little while the sound 
 was repeated, but he was uncertain of the direc- 
 tion from which it came. Still he listened and 
 again he heard the sound. He hallooed back, 
 and almost like an echo the cry was heard again 
 louder and more distinctly than before. 
 
 "01sen!itis 01sen!"he ejaculated, involun- 
 tarily, and started eagerly in the direction from 
 which the sound seemed to come. 
 
 As he proceeded he heard repeated cries 
 for help, each one, though subdued, being 
 louder and more distinct than the others. At 
 length, guided by the cries that were now com- 
 
28 
 ing to him at more frequent intervals and in 
 api)ealing tones, lie came to the brink of a shaft, 
 and, looking down, he saw his friend clinging 
 desperately to a root that grew across the side 
 nearly six feet below the surface. Though in n, 
 critical position he was alive and uninjured. 
 He had no idea of the depth of the shaft and 
 was afraid to drop lest he might l^e dashed to 
 death at the bottom. 
 
 In pitiful tones Olsen begged his friend to 
 try and get him out as soon as possible, as he 
 could hold on but little longer. 
 
 He explained to his rescuer how the night 
 before he had fallen into the shaft, had first 
 caught the grass that grew around the edge, 
 felt the root with his dangling feet, and when 
 the grass gave way had, with a desperate effort, 
 caught the root and hung to it all night with a 
 tenacity strengthened by the fear of impending 
 death. 
 
 The friend could conceive of no better means 
 of rescue than to tear his clothes in strings and 
 thus make a rope by which he might pull the 
 imperiled Olsen to the surface. As he worked 
 
29 
 at this task, regardless of the cost and scarcity 
 of wearing apparel iu the mines at that time, he 
 encouraged the almost exhausted miner to be 
 brave and hold on onl.y a few minutes longer 
 and all would be well. 
 
 "I am holding; I am holding!" faintly re- 
 l)lied the almost despairing Olsen, "but be as 
 quick as you can, for I cannot stand this much 
 longer." 
 
 Geiger was quick; he worked with all his 
 might, bringing his knife into play to facilitate 
 the rope making. 
 
 Finally, when all was read.^' the imin'ovised 
 rope was lowered and Olsen was commanded to 
 seize hold of it. 
 
 With an expression of mingled hope and des- 
 pair the imperiled man looked up and pitifully 
 protested that he was afraid if he let go of the 
 root with one hand to grasp the rope, the other, 
 being cramped and numb, could not support 
 him, and he would fall. 
 
 "But you must," insisted Geiger, "it is your 
 only hope, and you must. Be brave now, and 
 make the effort ; hold on tight and I am sure I 
 
30 
 can pull YOU out. There now; here goes! 
 That's it!" 
 
 Olsen tried. Encouraged by his friend he 
 made the attempt. He felt that he was hanging 
 over the brink of eternity, and however uncer- 
 tain might be the success of an eff oii} for deliver- 
 ance it must be made, — so he tried. 
 
 His fears, however, were not groundless. As 
 he loosened one hand from the root to grasp 
 the rope the clasp of the other slowly gave way, 
 and realizing that after all his exertions he was 
 going, he gave a desj)airing cry, and dropped. 
 
 Imagine yourself, reader, with the black cap 
 over your face and the rope around your neck 
 waiting for the trap to fall which is to launch 
 you into eternity, and then imagine that when 
 the trap did fall the jar awoke you and you 
 found it was all a dream. 
 
 If 3'^ou know how you would feel after such 
 an experience 3^ou can form some idea of how 
 Oscar Olsen felt when, by reason of his swollen 
 arms, his cramped hands and exhausted condi- 
 tion, he had to let go at the moment of promised 
 
31 
 deliverance and experience the tortures that ho 
 had imagined. 
 
 Suddenly he found his downward course 
 stopped almost before it commenced, and made 
 the discovery that during all the agonizing 
 hours he had been holding to that root, with al- 
 most a death grasp, his feet had been dangling 
 only a few inches from the bottom of the shaft. 
 
CHAPTEE IV. 
 
 LOST SHEER 
 
 TT was before Calif orniu liad been finallj^ ad- 
 mitted into the Union tliat a gentleman in 
 well worn clerical garb landed from a trading 
 vessel at San Francisco and announced that his 
 purpose in coming to this Western shore was to 
 help disseminate the doctrine of Christianity 
 among the primitive red men of the forest. In 
 other words, he was an advance missionary. 
 
 The peninsular was occupied by the Jesuits 
 and he concluded that he would find a more 
 fi-uitful, if not a more congenial, field some- 
 where in the interior. Accordingly he crossed 
 the bay to what are now the Marin shores and 
 slowly wended his way toward the north. He 
 had not proceeded far until he came to a camp 
 of Americans. They were probably some of 
 the boys who about that time conceived the idea 
 of setting up a republic of their own under the 
 
33 
 
 banner known to this day as the Bear Flag. 
 
 The i)ions man in-esented a rather sorry ap- 
 pearance after his hard day's tramp over hills 
 and across marshes and through woods and 
 underbrush where the foot of man had seldom 
 trod before. Nor was he clad in a mixture of 
 skins and cotton, as were most of the earliest 
 pioneers of this coast. His starched white 
 shirt was soiled and limp ; his high silk hat was 
 cracked and worn and faded. The holes in his 
 boots revealed larger holes in his stockings. 
 His broadcloth clothes, threadbare and soiled, 
 were out at the elbows and the knees and ripped 
 under the arms. Where buttons once had been 
 there were now only dangling threads. 
 
 In spite of appearances, however, he was 
 received by his countrymen and treated with all 
 the hospitality the conditions would permit. 
 He was treated so well, indeed, that on the 
 second day he made bold to ask his new made 
 friends for the contribution of a horse and sad- 
 dle on which he might pursue his journey into 
 the wilderness to preach the saving doctrine to 
 the untutored Indians. 
 
34 
 
 The boys liad no good horse that they could 
 spare, neither had they a snrphis of saddles. 
 A short time previously they had turned an old 
 horse out to die and it was suggested that the 
 preacher might use him as something a little 
 better than walking. He was brought in. 
 
 Oh, such a horse ! The pole evil had eaten 
 away his mane; an attack of the glanders left 
 him running at the nose; his eyes were sore and 
 had a sad and downcast look; he had a sway 
 back, was spavined, knock-kneed, ringboned, 
 liip-shot, hoof -cracked, and broken winded; in 
 short he had practically all the ailments to 
 which horses are heir. 
 
 The good man looked him over and in reply 
 to the expressed doubts of his friends as to 
 whether he was any better than no horse at all, 
 said: "Oh, he's all right." 
 
 An old worn out saddle tree was found in 
 some bnish where it had been cast away a year 
 before. The horn was gone, and the little 
 leather that remained on it was curled bj' the 
 weather and as hard as bone. Fui'ther search 
 discovered two stirrui)S, one of Avood and one of 
 
35 
 
 iron. A sLoii strap sen-^ed to fasten one of 
 these to tlie saddle tree and a short rope secured 
 the other. One of the men had just completed 
 a new hair cinch and he gave the preacher his 
 old one. A pair of old rusty briddle bits were 
 found in the brush near where the saddle had 
 lain, and with a piece of rope for a headstall 
 and another piece for reins, a bridle was im- 
 pro\dsed. The desired outfit, after two or threc^ 
 days of labor and hunting and planning, was 
 thus completed. 
 
 The next morning the man of God, in that 
 old saddle, on that old horse, with that old 
 bridle, rips in his pants legs still unmended, 
 and with knees up where the horn of the saddle 
 ought to be, started out to preach Christ and 
 Him cnicified. 
 
 He traveled on and on, turning toward the 
 coast and skirting the edge of the redwood 
 forests. 
 
 The sun was low in the western -horizon; the 
 horse was getting tired, the man was getting 
 hungry-, day was about to turn into night; this 
 good man had nothing to eat, and like the Son 
 
36 
 of Man liad not where to lay his head. 
 
 At length the sun was hidden hj the tall 
 trees, the lengthening shadows foretold the 
 parting of the day, and yet with a faith borne 
 of piety our hero pushed forward into the 
 wilderness. 
 
 Finally to his great joy he discovered a dim 
 smoke rising above the neighboring forest and 
 thither he wended his way. He had no other 
 thought than that it arose from an Indian camp 
 where he might take up his abode and enter at 
 once upon the purpose of his mission. 
 
 Drawing near he was sur]>rised to find tliat 
 the smoke issued from the rock chimne}' of a 
 log cabin. It stood out in a little clearing and 
 showed signs of civilization. 
 
 Drawing up to the front of the cabin as near 
 as the rail fence would permit, he signalled his 
 presence by crying out, "Hello." 
 
 A woman, past the middle age, came to the 
 door, and after recovering from her fright at the 
 unoxi)ected apparition, said in tones of mingled 
 fear and surj^rise : 
 
 "La! Mister, who are you?" 
 
37 
 
 Noticeing her agitation the good man said, 
 "Don't be alarmed, my good woman, I am hunt- 
 ing for the k:)st sheep of the chihlrcn of Isr;iel." 
 
 "Lost sheep, eh? Well, wait a minute." 
 
 She hurried to the rear of the cabin and hal- 
 looing to an old man who was digging potatoes, 
 said: "Old man, old man, come here, (piick! 
 Here's a fellow hunting for lost sheep, and I 
 wouldn't wonder but that old mottled-faced ewe 
 that has been bothering us so much belongs to 
 him." 
 
 Soon the old man came around the corner 
 with a hoe on his shoulder. Seeing the preacher 
 he stopped short, dropped the hoe, and leaning 
 on the handle, seemed dazed for a moment in 
 contemplating the visitor and his outfit. 
 
 Finally he said: "You're hunting for lost 
 sheep, are ye?" 
 
 "No, no," replied the preacher; "the good 
 woman did not understand me. I am a meek 
 and humble follower of our Lord and Saviour, 
 Jesus Christ." 
 
 "You are following who, do you say?" 
 
 "Our Lord and Saviour, Jesus Christ." 
 
38 
 "Yes, — well I don't know liim. But see here, 
 stranger, let me give you a little advice: I 
 don't know anything about the fellow you are 
 following, but unless you swop off that ar' horse 
 you are ridin', I'll be gosh darned if you'll ever 
 catch him." 
 
CHAPTER V. 
 
 ENCOUNTERING WILD ANIMALS. 
 
 ^T^HE sun was Ioav in the western liorizon, 
 tlie sliadows of the tall i)ines darkened 
 the face of the nigged landscape, no sound ex- 
 cept that of trickling water down a near T>y 
 ravine greeted the ear, and no sign of life was 
 anywhere visible except the still life of the 
 trees and of the leafy shrubbery that hung 
 across my path. It Avas in the fall of the year, 
 and even the chilly air told of the departing 
 day and the hastening of the hour when the 
 earth would be wrapped in the embrace of night 
 and somber darkness would add to the lonliness 
 of the surroundings. 
 
 As I trudged along the dim trail which 
 threaded the mountain side with my pack of 
 blankets, grub and mining tools growing heav- 
 ier at each step, I could not hell) meditating on 
 the hard life of a California prospector and 
 
40 
 wishing I might be fortunate enough to encoun- 
 ter a cabin or a camp whose occupants would 
 help relieve the gloominess of the situation. 
 
 I was on the Avay from Nevada City to You 
 Bet and had been told that I would find mining 
 camx)S at occasional inteiTals along the road, 
 I had passed one or two occupied cabins during 
 the day, but noAv that I wished for one most, 
 they seemed fai-ther apart. 
 
 Suddenly I was startled from my reverie by 
 the sound of sliding rocks, and looking forward 
 in the direction of the noise I saw a big moun- 
 tain lion drawing himself slowly out of the deep 
 ravine up into the trail. He stopped short and 
 so did I. The animal eyed me for a few mo- 
 ments, and then with apparent unconcern 
 dropped on his haunches, and after lapping his 
 lips a few times commenced to lick his sides. 
 Keeping my eyes on the brute I slowly re- 
 treated. I was entirely unarmed and realized 
 that should he attack me I would be at his 
 mercy. But he showed no disposition to attack. 
 Neither did he seem disposed to move on. 
 After I had backed to a distance of about sixtv 
 
41 
 feet I stopped and contented myself as best I 
 could by watching the creature's actions. Ex- 
 cept that he looked at me occasionally, my 
 presence did not seem to concern him. 
 
 The minutes I stood there in that lonely place 
 eying that ugly beast lengthened into an hour; 
 no longer the sunlight streaked the mountain 
 tops, the shadows of the trees became merged 
 in the thickening gloom. I was about to start 
 on the back tract with the intention of going 
 into camp a mile or two in the rear, when to my 
 relief the lion arose from his haunches, gave a 
 lazy yawn and started up the hill. The brash 
 now hid him from my view, but when I thought 
 he wa,s a safe distanae from the trail I started 
 forward, treading lightly lest I might attract 
 the beast's attention and provoke his return. 
 As I passed the spot where he had been sitting 
 I naturally glanced in the direction he had gone 
 to see if he was yet out of sight. There he 
 stood with his tail toward the trail but with 
 eyes turned toward me not six feet away. I 
 gave a sudden bound forward and with a thrill 
 rauning through my frame not unlike the sen- 
 
42 
 sation one feels who barely misses stepping on 
 a rattlesnake I increased the distance between 
 myself and the danger point as fast as tired 
 limbs and a heavy pack would permit. 
 
 Half a mile fuHher on I emerged from the 
 canyon onto a little flat where there were three 
 or four tenanted cabins. I presented myself at 
 the door of one of these and was taken in with- 
 out ceremony, and treated with as much consid- 
 eration as though I were an old friend. The 
 Avord "stranger" was not known by the miners 
 in those days when it came to the matter of dis- 
 pensing hospitality. 
 
 While sitting around the cabin fire that even- 
 ing, I related my experience with the mountain 
 lion. It developed that the boys had slaugh- 
 tered a beef that morning a few hundred yards 
 up the ravine from their camp and the natural 
 conclusion was that the beast had regaled him- 
 self on the offal until his appetite was fully 
 satisfied and, therefore, had no inclination for 
 the time being to make a meal on me. 
 
 "Your experience, though tame by compari- 
 son, reminds me of a tussel I had with a bear 
 
43 
 
 in the mountains not long ago, when I was liv- 
 ing at Red Dog," remarked one of the boys, 
 whose name I afterwards learned was Edward 
 Herryman. 
 
 "What was it, Ed? Tell us about it," asked 
 two or three in chorus. 
 
 "Well," said Herryman, "as I remarked, when 
 I Avas mining at Red Dog, two prospectors came 
 into camp one evening and repoi-ted having 
 seen bear tracks on the ridge a short distance 
 from the cabins. I used to hunt big game some 
 in Michigan, so I concluded I Avould take my 
 gun and, without giving any hint of my inten- 
 tions, go out and try and bag a bear. I did not 
 proceed far until I discovered fresh tracks and 
 noting their direction followed the trail. In 
 time I came in sight of bruin, a big black bear, 
 by the way, quietly feeding on manzanita ber- 
 ries. He saw me about as soon as I saw him, 
 and at once began to growl his resentment at 
 being disturbed. Without asking his approval 
 I leveled my gun and fired. I saw the fur fly 
 from the side of his neck, and at the same in- 
 stant he made a bound and came for me with a 
 
44 
 nish. There was no time to reload, so my only 
 alternative was to run. I did not know the 
 country yery well, but naturally started in the 
 direction of the camp. I thought that if I could 
 beat him across the ridge I would be able to 
 outfoot him down the mountain and thus get 
 away. Imagine my feelings, if you can, when 
 on reaching the brow of the hill I found myself 
 on the brink of a precipice from one to two 
 hundred feet high. The bear was close behind 
 me. To jumi) meant certain death. To con- 
 tinue along the edge of the cliff meant to be 
 speedily overtaken. There was no recourse but 
 to turn and fight. Accordingly^ I braced myself 
 for the encounter, fully nerved for a contest to the 
 death. As the bear drew near he raised on his 
 hind legs and came at me with a fierce groAvl. 
 I struck him over the head with my gun but 
 the blow did not seem to stagger him, and in a 
 moment I found myself in the embrace of his 
 strong paAvs. We both fell to the ground. I 
 tried to get at my knife, thinking I might yet 
 dispatch the fierce brute, but my arms were 
 held so close to my sides I could not reach it. 
 
45 
 
 With all my strength I made a desperate effort 
 to free myself. In the stniggle we rolled over 
 and over, and finally to my inexpressible horror 
 ^ye went together over the precipice and down, 
 down into the depths of the rocky canyon. I 
 remember as we were descending through space 
 my one thought was that if I could fall on top 
 of the bear I might be saved. At last we struck 
 the bottom with a dull and mighty thud, and 
 sure enough I was on top." 
 
 Here Herryman paused, and after a little 
 while he was asked: "Well, what happened 
 then?" 
 
 "Then," he said, "I awoke." 
 
CHAPTER YI. 
 
 JUSTICE JONES. 
 
 MOW Cyriis Epliraem Jones happened to 
 break loose from home surroundings and 
 come to California Avith the early rnsh of gold 
 seekers, I never knew. He was so different 
 from the average pioneer as to impress one that 
 he came along jnst to complete the variety. It 
 is said that all kinds of people were included 
 among the early day miners, and if Cy. Jones 
 had not come this would not have been true, 
 for certainly he represented a distinct as well 
 as a rare type of humanity. 
 
 Other men were as old, and as tall, and as 
 slim as he was; there were others who wore long, 
 thin chin whiskers similar to his; there were 
 men who assayed a white shirt and a stand-up 
 collar, regardless of the shabby appearance of 
 the rest of their apparel, and regardless of 
 whether the shirt and collar were starched or 
 
47 
 unstarched, the same as Jones did. There were 
 a feAv who assumed as much dignity as Jones, 
 and a very few who were as lazy, or as he him- 
 self used to say, "obverse to manual labor." 
 Once in a while one might have been found 
 equally as deficient in education, and rarely 
 there might have been in those days other illit- 
 erate persons who insisted, as Jones always did, 
 in using the biggest words he could command 
 with a reckless disregard of their application or 
 pronunciation. Others, we say, may have been 
 distinguished by one or two of these peculiar- 
 ities, but Jones,— Cyrus Ephraem Jones, pos- 
 sessed them all in a marked degree, and it was 
 by reason of embodying within himself so many 
 traits of a peculiar and distinctive character 
 that he was regarded as an individual different 
 from anybody and everybody else. 
 
 He would stand on the bank and watch the 
 miners working up to their knees in water and 
 caution them against "exposing their health to 
 so much inclemency," and once when one of 
 them bent the tines of his sluice fork, Jones 
 said to him: "A Herculaneum man like vou 
 
48 
 
 ought to get a |ork with greater integrity." 
 
 He often dwelt on the beauties of the Sierra 
 scener}', and it is told of him that once when 
 expatiating in his peculiar way on the grandeur 
 of nature in this western fairyland, he said : "If 
 I should ever join the Neptune throng I would 
 settle right in these hills, where I would have 
 the terrennial snow for my morning picture and 
 the perennial valley before me in the evening ; 
 where the musicated birds would sing to me 
 during the day, and the chrystallated rivulets, 
 intonating their lullibys, would incline me to 
 Morpheum at night. I would construct a few 
 catagorical conditions to my humiliated cabin, 
 dig me an artificial well and by irritating the 
 soil during the months when Solomon is most 
 devastating in his relenticated rays, I would be 
 phj^sically fortified to produce an ample defi,c- 
 iency of vegetation to comfortably consume a 
 small family." 
 
 The camp where Jones found lodgment was 
 known then as Stewart's Flat, in Placer County, 
 a region to-day covered with thrifty orchards 
 and beautiful homes, showing that the natural 
 
49 
 
 attractions which inspired the eccentric pioneer 
 to flights of uncouth eloquence found lodgment 
 in the breasts of others who have done more in 
 the wa.^^ of promoting the productiveness of the 
 community than the most enthusiastic early 
 settler ever dared to dream of. 
 
 Jones was good-natured, harmless and in a 
 certain Avay entertaining, but he would not 
 work. He assumed oracular wisdom and was 
 constantly predicting the future and telling the 
 boys what they must do if they would have 
 luck. Generosity to him was an infaHible sign 
 of greatness, and hence the miner who was most 
 generous with Jones had in store the most bril- 
 liant career. 
 
 The miners tolerated him, fed him and in a 
 way clothed him. Nuisance as he was in some 
 respects his eccentricities afforded amusement 
 enough to pay for his Kfeep, and in time he be- 
 came to be regarded as a settled charge on the 
 camp. 
 
 In the course of time when the date for the 
 nomination of candidates for county and town- 
 ship officers was drawing near, and some of the 
 
50 
 
 boys ou Stewart's Flat were discussing the mer- 
 its and demerits of clifferent aspirants, it was 
 suggested that they run Cy. Jones for Justice 
 of the Peace. The idea proved popular and in 
 a short time the whole camp was electioneering 
 for Jones. This greatly pleased the old man, 
 and as the canvass proceeded and his prospects 
 brightened he assumed a degree of dignity that 
 was really comical. 
 
 He construed the desire of the boys to pen- 
 sion him on the county as a recognition of his 
 talents. Though he knew no more politics than 
 a chicken, and was personally as helpless as an 
 infant, he did not lack for l)ackers, and ^^'llen 
 the convention assembled he was nominated 
 with a hurrah. The same motive that prompted 
 his nomination secured his election, and in due 
 time Cyrus Ephraem Jones was duly sworn in 
 as a full fledged Justice of the Peace. Then 
 the boys called him Squire and Judge, instead 
 of Uncle Cynis, and this pleased him still more. 
 
 Some time previously there had come into 
 the camp a gambler by the name of Lou Sim- 
 mons. He not only resorted to marked cards 
 
51 
 
 and otlier devices to win the boys money, Init 
 after getting it he would enter on a big spree 
 and become quarrelsome and overbearing. 
 
 It happened one day, when in his cups, he 
 run uj^ against a peaceable and popular young 
 miner by the name of Jonas Harvey, who would 
 not stand for his abuse. The two quarreled 
 and in the mele Simmons pulled his pistol and 
 shot Harvey in the groin. At the sound of the 
 gun outsiders rushed in and separated the com- 
 batants, but it was found that the young man 
 was seriously wounded. 
 
 Simmons was arrested and the feeling against 
 him run so high that for a time it was feared he 
 woidd be taken from the officers and lynched. 
 Cooler council prevailed, however, on a i:)romise 
 that there should be no delay in the trial. 
 
 Accordingly, the preliminary hearing was set 
 for the next day. Interest in the case was in- 
 tense, not only because of the unprovoked char- 
 acter of the assault and the unpopularity of the 
 assailant, but because it was to be the maiden 
 trial of Justice Jones. The curiosity of the 
 boys to see how the old embodiment of false 
 
52 
 
 dignity would act on the bencli was only less 
 than their desire to see the defendant finnly 
 held for trial before the county court. 
 
 When the case was called a feeble represen- 
 tative of the District Attorney appeared to 
 l)rosecute, and C. A. Tuttle, afterwards famous 
 among the bar of the State, but then a young 
 lawyer of Auburn, ai)peared for the defense. 
 
 The prosecution was very weak, while Tuttle's 
 conduct of the case was characterized by tact 
 and ability. He early discovered the vanity of 
 the Justice and catered to it. In his final argu- 
 ment he minimized the offense and magnified 
 the wisdom of the Court, which so tickled the 
 old fellow that he became lost in admiration of 
 himself and his flatterer. Tuttle concluded sub- 
 stantially as follows: "I submit the case, your 
 honor, knowing that your superior wisdom com- 
 prehends the true merits of the situation, and 
 full}' confident that .you will give to your many 
 admirers a demonstration of that justice with 
 which a kind Providence has so generously en- 
 dowed you, by at once discharging the defend- 
 ant." 
 
53 
 
 The attorney had hardly taken his seat when 
 the vain ohl S(iuiro, pleased at this outburst of 
 flattery, said: 
 
 "Mr. Tuttle, you shall not be disa,pi)ointed, 
 sir, in the wisdom of this Court. Therefore, 
 let it be ordinated that the prisoner is dis- 
 charged." 
 
 Only those near could hear what the Justice 
 said, but it was not long before everybody knew 
 what he had done. 
 
 He thought for the moment that he had per- 
 formed a wise act, but when the storm of indig- 
 nation which at once raged in the camp began 
 to descend on his simple old head, he became 
 bewildered, and at one time it looked as though 
 he might follow the example of the prisoner, 
 who immediately on his discharge had lost no 
 time in "making himself scarce" in that com- 
 munity. A little later, when the boys learned 
 that Simmons had "skipped out," they were 
 madder than ever, and except for the plea,ding 
 of a few of the best men in camp they would 
 then and there have wreaked vengeance on th(^ 
 weak old man, who only a little while previously 
 
54 
 
 had been hugging to himself the flattering 
 thought of self-greatness and ] )rosi)ective i)ro- 
 motion. 
 
 Graduallv the feeling subsided, but it was 
 some time before Justice Jones felt as comfort- 
 able among his associates as he had been j)reyi- 
 ous to that eventful preliminary examination of 
 the charges against Lou Simmons. Indeed, he 
 never again was quite on the same easy terms 
 Avith the boys that he had enjoyed l)efore. He 
 felt keenly the curses and criticisms of those 
 who had befriended him, and over and over he 
 promised that neither Tuttle nor any other 
 smoothed tongue lawyer would ever again in- 
 duce him to swerve one iote from the line of 
 justice. 
 
 One night a drunken stranger entered Billy 
 MuUin's saloon and because some of the boys 
 declined to drink with him he started in to 
 clean out the establishment. Among others he 
 run up against Mike Perkins, a burly young 
 fellow, confessedly fearless, but naturally good 
 natured and peaceable. No one who kneAv 
 Mike would ever go out of his way to get a 
 
55 
 
 quarrel with him, but the stranger did. Mike 
 nt first told the man to go awav and cool off, 
 and in other ways tried to dissuade him from 
 quarreling, but the new comer would not have 
 it that way. He declared lie was spoiling for ,'i 
 fight and could whi}) any two men on Stewart's 
 Flat; that he had been insulted and was going 
 to have revenge. The longer he talked and the 
 less the others resented the meaner and more 
 abusive he became, and finally, when he as- 
 serted that the Stewai-t Flat miners were the 
 most cowardly lot of curs he had found in Cali- 
 fornia, Mike stepped up to him and said : 
 
 "See here, stranger, you are drunk or you 
 would not talk that way; but drunk or sober 
 you shall not call the SteAvart Flat boys either 
 curs or cowards." 
 
 "I shan't, eh? Well they are curs and cow- 
 ards, and you are the biggest cur and 
 
 c ." 
 
 AVhiff, bang, smash! Mike's list shot out, 
 and that stranger landed against the front door, 
 and man and sash and glass foil in a hea]) on 
 the Hoor. 
 
56 
 
 Next day the stranger, with a l^eefsteak over 
 his eve and several patches of sticking i)kister 
 marking the places where he had been cut by 
 the glass, appeared and swore to a compkiint 
 charging Michael Perkins with assault and 
 battery. 
 
 Here was another case for Justice Jones. 
 
 Nobody on the Flat believed for a moment 
 there was any chance for a conviction, but all 
 the boys were Mike's friends and all applauded 
 his act, and they did not want to take any 
 chances. It was accordingly agreed that they 
 would send for Tuttle to conduct his defense. 
 This bright young lawyer, they reasoned, had 
 hypnotized the old Justice once and he could 
 do it again, and to make sure of a prompt ac- 
 quittal they would secure his sei-vices. 
 
 When the trial came off the stranger, who 
 gave the name of Samuel Griggs, made a poor 
 showing. The testimony was all against him. 
 The burden of the evidence showed that he had 
 provoked the assault and got less than he de- 
 served. 
 
 The prosecuting attorney saw the merits of 
 
67 
 
 the case, and recognizing the public sentiment 
 wisely refrained from making any plea. 
 
 Mr. Tuttle, however, rose to say: " I would like, 
 your honor, to offer one word, and it is that the 
 statement and evidence of this case constitute its 
 defense, and there is certainly only one thing 
 you can do, and that is to acquit my client." 
 
 The Justice dropped his head forward for a 
 moment as though trying to think. About this 
 time there no doubt flashed before him a vivid 
 recollection of what he had gone through after 
 the Simmons trial, and with it the thought that 
 his trouble was the result of listening to Tuttle's 
 plausible plea, for, looking up suddenly, and 
 with an expression of determination on his 
 countenance, so far as he could appear deter- 
 mined, he said : 
 
 "That is all right, Mr. Tuttle, I do not dis- 
 pute the plaudableness of your position, but 
 you remember the last case you had in this 
 court the verdict was in your favor; and now, 
 sir, in order that the scales of justice may be 
 eijually balanced, I shall have to decide this 
 case against you." And he did. 
 
CHAPTEE YII. 
 
 MOUNTAIN HOLDUPS. 
 
 AN irishman's nerve. 
 
 r^^ the mountain roads and trails in the 
 early days of California "holdups" bv 
 highwavmen were of frequent occurrence. 
 
 Besides the organized bands of marauders, 
 led by such desperados as Joaquin Marietta, 
 Kattlesnake Dick or Three Fingered Jack, who 
 roamed and plundered at will, leaving behind 
 them a trail of blood and smouldering ruins, 
 there were others without the fear of the Lord 
 or the law who took to the road, prompted by 
 desperation or the devil, or the desire to secure 
 something for nothing. To a man naturally 
 vicious or driven to recklessness by hard luck, 
 the question of risk apparently was not taken 
 into account. All classes of travelers were 
 victims of these Eoad Agents, from the lonely 
 
59 
 pedestrian miner "going to the city to get a 
 bust," as related in one of Putt's songs, to the 
 passengers of a well-loaded stage coach. 
 
 An Irishman on one occasion was coming 
 from the mines with pick and pan and blankets 
 on his back, and three thousand dollars in dust 
 on his person, when he was suddenly confronted 
 in a lonely place by a masked man and a gun. 
 The cold steel of the business end of the shoot- 
 ing iron was pressed against his forehead as an 
 effective means of emphasizing the demand for 
 his money. This particular Irishman, with 
 characteristic wit and coolness, proved equal to 
 the emergency. 
 
 With apparent unconcern, and as much as- 
 surance as one might display in addressing an 
 old friend, he said : 
 
 "See here, my dear fellow, take that gun 
 down. The loikes o' yees are dom thick on 
 this rhoad. Ye are the third I've met this 
 mornin', and afther laving the furst I'd nothin' 
 lift for the sicond." 
 
 Here Pat took out his old stub of a clay pipe 
 and continued : 
 
60 
 
 "Have yees a matcli, plase?" 
 
 "Don't talk to me; throw out your money!" 
 savagely commanded the robber. 
 
 "Money, be dad! Its a foine sthake I had 
 on'y the mornin'; but now its lucky I am, 
 schure, to have me old pipe and a bit o' tobaccy. 
 Have ye a match, I dun know?" 
 
 The highwayman was knocked out. He re- 
 laxed his severity, and finally when they parted 
 he gave Pat a dollar to get his dinner at the 
 next wavside tavern. 
 
 POOE FOOL HAEDY. 
 
 Teamsters, as may be supposed, were th» 
 victims of a great many holdui)S. Not so many 
 as reported, however, for instances were not 
 wanting where a hired driver, after drawing 
 down the money for his freight and losing it at 
 the gambling table, or squandering it on wine or 
 women, returned wdth a startling story of how 
 he had been held up by a desperate highway- 
 man. 
 
 The men who worked the roads had no cards, 
 nor did they go around crying out their pro- 
 
61 
 fession. There was nothing in their appearance 
 or on their persons by which they could be dis- 
 tinguished. Hence no one ever knew when one 
 of those fellows was around. It behooved the 
 teamster to be very cautious about exposing his 
 money, and if he talked about it, it were better 
 for him to leave the impression that he never 
 carried more than enough for expenses. 
 
 A few did this and among them were not 
 many \actims of the Road Agent. The suffer- 
 ers were almost invariably those who were care- 
 less in handling or talking about their wealth. 
 It was very apparent to the observing teamster 
 that the men who were doing the holdup act 
 knew most of the drivers and their habits. 
 
 Poor deaf Hardy ! Or, I might say, poor fool 
 Hardy. He had a wheat ranch in the valley and 
 a good eight animal team. Nearly all one sum- 
 mer he hauled wheat to the little old grist mill 
 that in early days stood on the rocky bank 
 of Deer Creek in Nevada City. On one occa- 
 sion he drew the pay for four or five loads. 
 Wheat in those days brought from three to four 
 cents a pound, and at this price the pay for a 
 
62 
 
 load amounted to a good deal of money. The 
 big pile of twenties which thus suddenly came 
 into Hardy's hands evidently turned his head. 
 
 It was about 10 o'clock in the morning, when, 
 after unloading and drawing his money, he 
 drove up to Richie's tavern on the hill above 
 Nevada City, where he had stopped the night 
 before, and after watering his team he went in 
 to pay his bill. Approaching the bar he pulled 
 out his well filled bag of gold, and, emptying it 
 on the counter, told the landlord in a boastful, 
 swaggering manner to take out his i)ay. He 
 then invited fifteen or twenty men, Avho were 
 lounging about the place, to come up and take 
 a drink. As the crowd gathered about the bar 
 Hardy was slowly putting the shining twenties 
 back into the biickskin bag. 
 
 There was naturally some comments on the 
 display of so much money, and the landlord, in 
 a spirit of friendly interest, asked if it were not 
 a little risky to carry so much coin, and sug- 
 gested to Hardy that he ought to hide it. 
 
 "I guess I will," said the teamster. 
 
 Accordingly, he went to his wagon, and, tak- 
 
63 
 
 ing a jack screw from the jockey box, turuecl 
 the screw out aud crowded the bag and the 
 money into the cylinder. He then shoved a 
 piece of an old barley sack down on the money, 
 as a sort of cork, and putting the whole back in 
 his box, remarked that it would take a ])retty 
 smart robber to find that. 
 
 Having thus secreted his money, as he sup- 
 posed, he mounted his saddle horse, gave a 
 "Ya Jim," and amid a cloud of dust and the 
 jingle of bells he drove away. 
 
 About twelve miles down the road, on Buck- 
 eye Flat, some luckless teamster had broken 
 down and piled the lumber, which he was haul- 
 ing from the mountains as a back load, in two 
 piles, one on each side of the road. As Hardy 
 I)assed between those piles of lumber, his mind 
 no doubt engrossed with thoughts of what he 
 was going to do with his wealth, two masked 
 men arose simultaneously, one from behind 
 either pile, and with shot gun leveled at the 
 teamster's head commanded him to halt. He 
 halted. 
 
 One of the robbers, still holding his gun so 
 
64 
 
 that the now frightened Hardy could look down 
 the barrels, told him to keep still and he would 
 not be hurt, while the other went deliberately^ 
 to the jockey box, took out the jack screw, 
 shook out the bag of gold, threw the screw 
 back on the wagon, and told the trembling jehu 
 to drive on. 
 
 We don't pretend that the term "foolhardy" 
 grew out of this incident, but in discussing the 
 robbery all the boys on the road agreed that 
 Hardy had been very, very indiscreet in expos- 
 ing his money before a crowd of strangers at 
 Eichie's Hotel. 
 
 BRAVE DAN DALY. 
 
 The same season, but on another mountain 
 road, another holdup, or attempted holdup, 
 occurred, which afforded a happy contrast to 
 the Hardy robbery. 
 
 In the tavern barroom at Brown's Valley one 
 night a lot of teamsters were discussing tli« 
 prevalence of "road agents," as they were called, 
 when the question turned on to what this on» 
 or that one would do in cas« he was held up. 
 
65 
 The general couelusion was that uo one could 
 tell what he would do until he was tried. 
 
 "I might surrender to two or three men," 
 said a teamster known as "Sandy Dan," and 
 whose j)roper name, as revealed by what follows, 
 was Daniel Daly, "but no one man shall ever 
 rob me unless he kills me." 
 
 "That's all right," replied one of the boys 
 who had been there, "but I'll tell you when one 
 man points a gun at your head and demands 
 your money he looks mighty big, and the 
 longer you look at him the more he groAvs, un- 
 til you begin to think he is a whole army with 
 artillery thrown in. I think, Dan, you would 
 weaken, the same as I did, and the same as 
 nearly everybody does." 
 
 "I might," replied Dan, "but I don't tliink 
 so." 
 
 It so haijpened that of all the teamsters at 
 the hotel that night Sandy Dan was the only 
 one returning from the mountains. The others 
 were loaded and on their way to the mines. 
 Dan, therefore, drove out of the yard the next 
 morning and started off alone. He had gond 
 
only far enough to get out of sight of the house 
 aud out of hearing of the teams on the up grade 
 when he was startled by a masked man who 
 jumped from behind a chimp of bushes, and, 
 pointing a pistol at his head, commanded him 
 to halt. 
 
 Dan was seated on his saddle mule, and he 
 at once pulled on the brake and cried, " whoe." 
 
 "You say no one man can rob you," said the 
 highwayman, "now throw out your money." 
 
 Dan was cool and looked straight through 
 the holes of the mask into the eyes of the rob- 
 ber. At the same time he let the butt of his 
 blacksnake slip through his hand and took a 
 firm grip of the lash end. This only required 
 a few seconds but the robl)er was impatient, 
 and again commanded : 
 
 "Throw out your money or I'll blow out 
 your brains." 
 
 "You wouldn't attempt this if you were 
 alone," replied Dan. 
 
 "I am alone and I'll pull the trigger if you 
 don't pony up." 
 
 "Who is that fellow coming there?" queried 
 
67 
 the teamster, at the same time looking over the 
 robber's head as though eyeiug a third party. 
 
 The man with the gun knew he was alone, 
 and if some one was approaching it might mean 
 trouble for him, so he turned (luickly to see 
 who it might be. 
 
 As he did this the butt of Dan's whip, loaded 
 with a chunck of lead, came down on his 
 head with a thud that dropped him to his 
 knees, and caused the revolver to fall from his 
 grasp. 
 
 Dan did not take time to climb out of his 
 saddle, but he fell out and on top of the dazed 
 bandit and proceeded to i)ound him into insen- 
 sibility. 
 
 He then tied the would-be highwayman hand 
 and foot and loading him on his wagon hauled 
 him to Marysville, where he was delivered to 
 the authorities. 
 
 For a time the desperado was under the care 
 of a doctor, but when he recovered he was tried 
 and convicted and sentenced to San Quentin 
 for ten years, where he had plenty of time to re- 
 flect on the folly of doubting a teamster's nerve. 
 
68 
 
 THE LAST HOLDUP AT ROBBER BEND. 
 
 There was one particular point on one of the 
 mountain roads where for two seasons more 
 teamsters were lield up than at any other place 
 in California. 
 
 It was a point in reality, just where the road, 
 emerged from a canyon and turned abruptly 
 around the hill and back along the opposite 
 side of the ridge. An old road led from thi« 
 point straight down a steep hill into a deep 
 canyon and straight up the other side, but at 
 the time of the robberies referred to this route 
 had been abandoned in favor of a much longer 
 road built up one side of the canyon and down 
 the other for the purpose of saving grade. 
 
 At the upper juncture of the new and the old 
 roads there was a public house. I know the 
 name of the house and the name of the brothei-s 
 who kept it, but for the purpose of this story I 
 will call the former the Robbersart a.nd thd 
 latter Sam and Simon Hardnut. 
 
 The Hardnut boys kept a good house, wer» 
 amiable and accommodating, and from all out- 
 ward ax)pearances were sober, industrious and 
 
69 
 
 honest. It was perhaps half a mile across th© 
 canyon hy the old road from the Robbersart to 
 where the old and the new roads came together 
 on the opposite ridge, while by the new road to 
 the same point Avas at least a mile and a half. 
 
 Teamsters stopped at nearly all wayside inns 
 to water their animals and take a "dust de- 
 stroyer," and while paying for the latter it was 
 liable to be levealed whether they were carrying 
 much or little money. In this way the inn 
 keepers knew the different teamsters' habits in 
 regard to money matters better than anj^body. 
 
 But what of it? Even the caution of the most 
 prudent jehu never suggested to him to try and 
 conceal from the wayside landloard any facts 
 about his money, for the bonefaces professed to 
 be, and generally were, the teamster's best 
 friends. 
 
 The Robbersart being so close to the scene 
 where holdups were occurring with alarming 
 frequency, it was but natural that the boys who 
 stoi)ped there should discuss these robberies 
 with more than usual interest. 
 
 It was a lone highwayman who was doing all 
 
70 
 
 the mischief, but who he was, where he came 
 from, where he held forth, who was harboring 
 him, etc., were (questions that could not be satis- 
 factorily answered. Sheriffs and sheriff's pos- 
 ses had frequently scoured the country in hopes 
 of getting some trace of the desperado or clew 
 to his identity, but to no purpose. In all the 
 efforts to apprehend the offender the Hardnut 
 boys were more than generous in their assist- 
 ance. 
 
 When the teamsters proposed to raise a purse 
 and hang it up as a reward for the cai)ture of 
 the culprit, Sam Hardnut offered at once, with 
 the consent of his brother, to start the fund 
 with a subscription of 1100.00. 
 
 As the agitation progressed and the teamsters 
 grew more and more excited on the subject, the 
 frequency of robberies at this particular point 
 increased, until the place became known as 
 "Eobber Bend'" and no one passed there with- 
 out almost holding his breath until out of sight 
 of the thick bunch of bushes that grew close to 
 the road where it made the turn, and from 
 which it was said the robber always emerged. 
 
71 
 
 One day a teamster by the name of Judah, 
 (there was a Tom Judah on the road in those 
 days, but this was another Judah) drove up to the 
 Eobbersart and after watering his mules went 
 in to get a drink. In settling for the ''tangle- 
 foot" he revealed a well-filled purse of gold. 
 
 "I should think you would be afraid to carry 
 so much money these times," remarked Sam 
 Hardnut in a rather solicitous tone, as he slowly 
 rinced the glass from which his customer had 
 drank. 
 
 "To tell you the truth I am a little uneas\ 
 replied Judah, "and I wish now I had sent m 
 money down by express ; but if I can get past 
 'Robber Bend' without being held up I guess I 
 will be all right." 
 
 "Would you like to have me go with you that 
 far?" asked Sam, in a tone of friendly interest. 
 
 "Pshaw no," said Judah, smiling. "It ain't 
 that bad, I hope, that you have to constitute 
 yourself a guard to down teamsters. I have, 
 passed the point a good many times without 
 l)eing halted, and I guess I can make it once 
 more." 
 
 Y 
 
72 
 
 "Oh yeSj" responded Sam, reassuringly; 
 "while everybody is exposed, of course the 
 chances are you will go through without being 
 stopped." 
 
 After talking a while in this strain, Judah 
 climbed to the corner of his high wagon bed, 
 where by stretching ropes across and covering 
 them with his mule blankets he had improvised 
 a comfortable seat, and, letting his brake off, he 
 gave the word to his team and drove on. 
 
 As he proceeded along the lonely road toward 
 the head of the canyon, Avliere the only sound 
 that greeted him was the "chuck, chuck" of his 
 own wagon mingled with the jingle of the bells, 
 a sound which was intensified by the echoes 
 that floated back from the oi)posite hills, or 
 which at times seemed to speak out from the 
 tall pines that towered above his head and 
 shaded the road, his mind became absorbed 
 with thoughts of Kobber Bend and the possi- 
 bility of being held up and robbed of money 
 which he could not well afford to lose. While 
 thus meditating the thought occurred to him 
 that only cowards surrender, and as the money 
 
73 
 belonged to him lie would be worse than weak 
 if he did not at least make an effort to retain it. 
 
 Accordingly he took out his pistol and as he 
 approached the Bend he cocked it ready for 
 action and held it with a firm grasp by the 
 right hand in such a position that it was con- 
 cealed in his lap, but could be raised for service 
 in an instant. In this attitude he approached 
 the critical spot. His eyes were intent on the 
 particular bunch of bushes which were sup- 
 posed to conceal the robber. 
 
 He was about to smile at the thought of all 
 his preparation for nothing, and was just on 
 the point of relaxing his vigilance and putting 
 away his gun, when he was startled b}' the un- 
 mistakable outline of a man's form behind the 
 brush. He wore a mash, had a shotgun in his 
 hand, and in a stooping position w^as stealthily 
 coming toward the road. Quick as a flash the 
 teamster raised his pistol, and before the robber 
 realized that he was seen, and before he could 
 raise his gun, Judah yelled : 
 
 "Throw up your hands or I'll blow your head 
 off ! Drop it ; drop that gun ! Don't you dare 
 
74 
 to raise that gun or out goes your light. Drop 
 it, I tell you." 
 
 The robber saw he was covered and could not 
 make a move except at the risk of his life. He 
 stood as though hesitating for a moment and 
 then in compliance with Judah's emphatic de- 
 mands, he dropped his gun. 
 
 "Now tear off that mask," commanded Judah. 
 
 The mask was slowly but tremblingly taken off. 
 
 There, in an old slouch hat, with a coat on 
 that was turned inside out, with overalls to 
 cover his everyday pants, and with barley sacks 
 wrapped around the feet to disguise his tracks, 
 stood the cowering, cowardly, and, may I not 
 say, contemptible Samuel Hardnut. 
 
 Eobbersart was sold, Sam went to San Quen- 
 tin, and the last I heard of Simon, who barely 
 escaped prison as an accessory, he was trying 
 to hide his identity under an assumed name in 
 the busy throngs of San Francisco. 
 
CH.iPTEK VIII. 
 
 TEAMSTER STORIES. 
 
 TN the early days teaming in California was a 
 science. The principal population was in 
 the mines and all the supplies of machinery, 
 tools and provisions had to be freighted by 
 pack trains or wagons from the nearest river 
 points across the valleys and up the mountain 
 grades or trails to the diggings. Teamsters and 
 packers had neither unions nor tnists, yet they 
 commanded practically their own prices and 
 made money. The wealth thus easily earned 
 was lavished on fine mules, big horses and new 
 wagons. A rivalry existed as to who should 
 possess the finest outfit. The four animal team 
 grew in a short while to six animals, the six 
 animal team to one of eight animals, the eight 
 to ten, and the ten to twelve. This was the 
 limit, as a greater number could not be worked 
 
76 
 
 to advantage on the turns of the mountain 
 grades. Indeed, with more than six animals it 
 was found necessary to have two wagons, one 
 fastened close behind the other and called in 
 those days "a back action." On short turns 
 these wagons were hauled around one at a time. 
 They were also hauled separately up the steep- 
 est hills. 
 
 Each enlargement of the team involved a new 
 wagon, and each new wagon must have all the 
 latest imj^rovements known in those days to the 
 art of wagon building. 
 
 The ambition to excel in the ownership of the 
 biggest or finest mules or horses run the price 
 of such animals to fabulous figures. A thous- 
 and dollars a mule was sometimes paid, and 
 there were instances where an extra choice 
 animal brought as high as twelve, or fourteen, 
 or even fifteen hundred dollars. 
 
 Next to fine mules and a fine wagon the team- 
 ster prided himself on fine trappings. Each 
 bridle must be adorned on the side with a fox 
 tail, and have a forehead fiap decorated with a 
 bright metal star. Bear skin housing covered 
 
77 
 the hames, and the hames were surmounted 
 with a set of bells. These teams were driven 
 invariably with a single or "jerk" line. It can 
 be imagined that a teamster thus equipped was 
 a very proud man. 
 
 There were three grades of aristocracy in 
 California in those days. First and foremost 
 came the river steamboat captain; he was a 
 bigger man than anybody. Next to the steam- 
 boat captain was the stage driver; in the in- 
 terior away from river points the latter held 
 sway. Next to the stage driver was the team- 
 ster. Of course there were degrees of nobility 
 among the teamsters, varying according to the 
 number and size of the animals and the new- 
 ness and "chuck" of the iron axle wagon. The 
 teamster with only four ordinary horses was 
 tolerated by the duke who drove twelve mules 
 and had a red wagon, and bear skins, fox tails 
 and bells, because the former belonged to the 
 same fraternity and was liable to promotion, 
 but between the mule drivers and the ox team- 
 sters (bull whackers as they were called), there 
 was an impassable barrier. 
 
78 
 
 Along the established mountain roads numer- 
 ous hostleries sprang into existence to cater to 
 the wants of the traveling public, but particu- 
 larly to the wants of the teamsters. Each vied 
 with the other as to which should treat and feed 
 the Knights of the whip the best, for their trade 
 was always cash and the number made their 
 patronage desirable. As a result these men 
 were fed on the fat of the land and waited on 
 by the prettiest girls that could be secured. 
 Before the meal they were given a free drink 
 and after the meal a free cigar. A man was 
 employed in the yard to help hitch and unhitch 
 and care for their teams. Indeed, their wants 
 and weaknesses Avere anticipated and supplied 
 in every way that suggested itself to the fruitful 
 mind of the smiling boniface. 
 
 The teamster was conscious of the importance 
 of his patronage to the wayside caterer and was 
 most independent and exacting. The slightest 
 discourtesy or neglect incurred his displeasure ; 
 his grievance was passed along the line, and by 
 common consent every teamster would unite to 
 discipline the offending landlord by giving his 
 
79 
 
 place the go-by until such time as they con- 
 cluded he had been sufficiently punished. A 
 defect in the table bill of fare, or in the quality 
 of the free whiskey, or in the quality of the free 
 cigar, or in the efficiency of the attending host- 
 ler, or the attractive character of the waitress 
 was resented in this way, and, as may be sup- 
 posed, every wayside keeper was kept constantly 
 anxious lest something about his place might 
 not be just as the teamsters would have it. Of 
 course when the inn keepers got a run of busi- 
 ness the}' made money, and naturallj' thej' were 
 all striving for business, while the teamster 
 waxed fat and daily more independent on the 
 rivalry. 
 
 Complexion and clothes cut no figure with 
 the teamster, as the cloud of dust that rose 
 eternally from the heels of the mules made 
 them all of one color. 
 
 While the mule driver was proud of his team, 
 and proud of his calling by reason of the inde- 
 pendence which the position gave him, his 
 greatest ambition was to haul the biggest load 
 with the same number of pounds of mule flesh. 
 
80 
 This indicated superior tact and skill in the 
 training and handling of his team, and where is 
 the man who does not like to be regarded by 
 his fellows as excelling in his calling. This 
 rivalry developed some wonderfully expert 
 teamsters and gave to the teaming era of Cali- 
 fornia the credit of demonstrating the hauling 
 capacity of mules and horses far beyond what 
 previous to those times had been considered 
 possible. A ton, at one time in the Eastern 
 States, was considered a load for a pair of 
 horses. A ton to the mule was the load that 
 teamsters usually started with from Sacramento, 
 Mar^^sville, or other river points for the mines 
 in the mountains, and this at a time when 
 grades were steep and rocky and dust}^ and 
 otherwise rough and hard. 
 
 The theory was that a team could hall all 
 it could start. The animals were never allowed 
 to become winded. They were watered often 
 and kept fresh and rested. When told to start 
 by a "Ya, Jule!" to the leader, who, knowing 
 hor business, would move up a little and shake 
 her bells as a signal to the others to get ready, 
 
81 
 every mule, after feeling around for a good foot- 
 hold, was supposed to exert all the nerve and 
 muscle it possessed, if needs be, to start the 
 load. As "Gass}'" Denton once put it, they 
 were supposed to " get down until the hair of 
 their bellies scratched the ground and the hol- 
 low in their backs would hold a cup of water." 
 On the grades they seldom went more than 
 from ten to forty feet, according to the steep- 
 ness, at one pull. The.y were never started 
 again by a teamster who understood his busi- 
 ness so long as any animal was panting or 
 showed the least signs of being tired. Under 
 such conditions each animal was always ready 
 for a supreme effort, and his fear and respect 
 for the driver would prompt him to make it, if 
 occasion required, without any extra words or 
 whooping. 
 
 Suppose, however, a mule became careless, 
 which he was likely to do when the driver 
 showed indifference or lack of attention, and 
 failed to respond with extra exertions in a hard 
 place. The good teamster noting this would 
 not speak to that mule in a half-hearted way or 
 
82 
 hit him a half-hearted stroke with his whip. 
 Such treatment would impress the mule that 
 the driver didn't care much, measuring the 
 latter's indignation by the strength of his 
 stroke, and the animal would likely become 
 more indifferent than before. The driver would 
 stop the team with a sharp "whoe!" said in a 
 tone that indicated to every mule in the team 
 that he had been halted for business ; in other 
 words that something out of the ordinary was 
 going to happen. He would then go up to the 
 defaulting animal and whip him until he was 
 tired. In aggravated cases he would strip the 
 harness off and tie him to the wagon wheel for 
 the purpose of administering effective punish- 
 ment. This ceremony over and the mule again 
 in his place the driver would command his 
 team in the same modulated tone of voice that 
 he used before, and you may be sure they 
 were all ready to obey, the punished animal 
 particularly being extra bidable as long as he 
 remembered his punishment, and the length of 
 the mule's memory was likely to correspond 
 with the severity of the flogging. 
 
83 
 
 Sometimes a whole team was disciplined by 
 a free use of the whij:) and a good deal of what 
 was known as "mule talk." This can be illus- 
 trated by a little incident that haj^pened once 
 in the experience of 
 
 TEAMSTER BLACK. 
 
 Black was a good fellow and had a good 
 team, six of as fine mules as ever scratched 
 gravel or rattled bells. He was not much given 
 to boasting but he was a good teamster and bj^ 
 common consent everybody admitted that Black 
 hauled as big Inads, according to the number 
 and size of his mules, as anybody on the road. 
 
 At French Corral, in Nevada County, just at 
 the head of Wood's grade which led from the 
 Yuba River up the side of the mountain to the 
 top of the San Juan Ridge, they had a new 
 waitress in the hotel where most of the team- 
 sters stopped. She was from the valley and 
 had never seen much of teaming or other moun- 
 tain life. While waiting on the table she heard 
 a great deal about big loads, hard pulls, etc., 
 and often expressed a desire to go down some 
 
84 
 day and meet the teams and see the mules pull 
 up the grade. Finally her landlady consented 
 to take her in the buggy to meet Black the next 
 time he should return from the valley. These 
 hotel people knew every driver and his drives, 
 and could tell when any particular teamster was 
 due coming or going. Black hauled big loads 
 and had a good team and among hundreds he 
 was suggested by the landladj^ as the one likely 
 to best exemplify to the new girl the power and 
 I)ossibilities of six good mules when manipu- 
 lated by an artist in the mule manipulating 
 business. 
 
 They had not gone more than a mile down 
 the grade when they heard the jingle of bells, 
 and on reaching the next turn in the road they 
 were delighted to discover that it was Black's 
 mules that made the music. They turned out 
 at a convenient place and waited his arrival. 
 As the team drew near, pull by pull, twenty or 
 thirty feet at a time, the girl saw a fine exhibi- 
 tion of starting and hauling. When Black came 
 up the ladies explained their mission and solic- 
 ited his assistance in turning on the narrow 
 
85 
 grade. He politely lifted them out, turned 
 their buggy around, helped them in again, and 
 suggested that they follow close behind his 
 wagon. 
 
 Black walked by their side, most of the time 
 with one hand resting on the buggy, and soon 
 became more interested in the women than in 
 his team. He would step out to say, "Ya 
 Mike!" (Mike was the name of the leader) when 
 he wanted the team to start, and when he 
 thought they had pulled far enough he would 
 say, "whoe." The rest of his time he put in 
 talking to his guests. This had not gone on 
 long until the mules, always alert, discovered 
 that there was something wrong with the driver. 
 They became careless, and finally when one of 
 the hind wheels dropped into a chuck hole, in- 
 stead of settling down with all their might to 
 keep the wagon moving as they should have 
 done and as they would have done had they not 
 believed that their driver had deserted them, 
 thej^ stopped. 
 
 No well regulated, well driven team was sup- 
 posed to stop, no matter what the obstacle, 
 
86 
 until it was told to. Black, consequentlT, 
 was provoked. With an "excuse me, ladies," 
 he went forward and surveyed the situation. 
 The hind wheel was in a bad place, right up 
 against a ledge of slate rock that crossed the 
 road and from which the lighter material had 
 been worn from the lower side by down teams. 
 To start his load on that grade under favorable 
 conditions required a hard pull ; to start with 
 that rock in front of the hind wheel would de- 
 mand an extraordinary effort. He might knock 
 out the chocky block which ever dragged close 
 under the rear wheel, ready to hold the wagon 
 wherever it might be stopped, and back down, 
 but no good teamster ever backed down. To 
 do this would expose him to the charge of not 
 having his team well trained and would provoke 
 the ridicule of his fellows. No swinging, no 
 backing down. The mules must settle right in 
 their tracks and start the load. These were the 
 rules of the road. Black knew his mules had 
 become careless and he knew every one of them 
 would have to receive a mule lecture before 
 they could be made to realize again that he was 
 
87 
 boss and aroused to exert the effort necessary 
 to start his load, but knowing all this he con- 
 cluded to make one try before resorting to des- 
 perate treatment. 
 
 He yelled, " Ya Mike ! " a little shari)er and 
 louder than usual, and after a jingle of the bells 
 they settled down to pull, but the wagon did 
 not start. "Whoe," he said, with an air of dis- 
 gust, and the mules at once (piit pulling. He 
 Avalked back to the buggy and with a distressed 
 look on his countenance, said : 
 
 "I am sorrj, ladies, but you will have to 
 drive on." 
 
 "Why, what for, Mr. Black?" queried the 
 elderly woman. 
 
 "Well, I am in a hard place, and it will re- 
 quire some mule talk to get out of here, and 
 mule talk would not sound very well in the 
 presence of ladies." 
 
 "Oh, pshaw! Now don't mind us; just go 
 ahead and say what you please. We don't 
 care, do we Jennie?" 
 
 "I don't if you don't," answered the waitress, 
 with a tremor of nervousness in her voice. 
 
"But you don't know," retorted Black, "and 
 I don't know what I might have to do or say to 
 make those mules start that load, and I insist 
 that 3^ou drive on." 
 
 "Now, Mr. Black, don't ask us to. We don't 
 care. We want to see the mules pull. That's 
 what we came down for. Jennie wants to see 
 them pull, don't you Jennie?" 
 
 "I would like to," modestly replied the girl. 
 
 "There is no use talking, ladies, you must 
 drive on," earnestly put in the teamster. 
 
 "Now, you are real mean. If we don't care 
 I don't see why you should mind. You attend 
 to your team and forget that we are here." 
 
 "Won't you go?" asked Black, decisively. 
 
 "No; will we Jennie?" 
 
 "I don't know," again replied the girl timidly. 
 
 "I insist," said Black. 
 
 "Well, we insist on staying," said the elderly 
 woman. 
 
 "All right. There is only one thing for me 
 to do, and if you ladies are determined to hear 
 the music and see the performance I can't help 
 it. Eemember, I didn't invite you and I am 
 
89 
 not asking you to star, but unless I want 
 to canii) here all night the entertainment must 
 begin." 
 
 Thus saying he walked forward to his team, 
 at the same time twisting the lash end of his 
 blacksnake around his right hand to insure a 
 safe hold. 
 
 When near the swing mules he let out a 
 broadside oath that was terrifying, and on 
 reaching the leaders, with the vengeance of a 
 
 mad man, and with a " Mike ! you ! ! you ! ! ! 
 
 " ]^Q j-ose on his tiptoes and 
 
 landed the butt of his whip on the mules ribs 
 with a blow that resounded through the hills, 
 reverberated down the canyon and echoed back 
 from the neighboring cliffs like the report 
 from a piece of muffled artillery. This was re- 
 peated, and with each resounding thump from 
 the heavy end of that heavy whip came a string 
 of rare epithets and artistic oaths that fairly 
 turned the sky blue and gave a sulphurous 
 odor to the atmosphere, and caused every living 
 thing within hearing distance to shudder. After 
 nearly killing Mike he passed on to Puss, and 
 
90 
 
 from Puss to Jake, treating each to the same 
 dose, and accompanying the treatment of each 
 with a string of unnamable titles and scientific 
 oaths peculiarly adapted to mules, and this was 
 continued until every animal in the team had 
 received its medicine. 
 
 They must be punished in a way that would 
 make an impression which would last awhile 
 for stopping without being told to stop; they 
 must be taught that their driver was still mas- 
 ter of the situation, and they must be aroused 
 to a desperate effort in order to start their load 
 from the place they had allowed it to stop. 
 
 On completing the rounds Black mounted his 
 saddle-mule and again gave the signal, "Ya, 
 Mike!" In an instant every animal was up 
 against the collar, and with an effort that 
 doubled the knees and brought every mule's 
 breast close to the ground, they jerked that 
 ponderous wagon with its heavy load from its 
 awkward position, and never showed a sign of 
 stopping until the driver said "Whoe!" 
 
 The women went down to see mules pull and 
 got more than they expected. They witnessed 
 
91 
 
 such an exliibition of disciplining a mule team 
 as few have ever seen. They heard the most 
 scientific outburst of vulgar profanity that ever 
 fell from a mule driver's lips, for Black was a 
 past master at the art. They saw what only 
 could have been seen, and heard what only 
 could have been heard, on the mountain grades 
 during the teaming era in California. 
 
 As soon as Black stopped, the women, taking 
 the outer edge of the grade, drove by and on 
 and out of sight as hurriedl}^ as they could. As 
 they passed opposite from where the driver 
 stood, they appeared to be deeply interested in 
 the canyon scenery. So intent were they, in- 
 deed, in viewing the rugged beauties of Nature 
 that they passed and drove away from the team- 
 ster without thanking him for the entertainment 
 or even saying "good-bye." 
 
 When talking of this incident Black used to 
 say: "Well, they would stay and I guess they 
 got more than they bargained for." On his 
 authority it is also said that so long as he 
 traveled that road, and as often as he afterwards 
 stopped at that house, neither the girl nor the 
 
92 
 woman ever afterwards looked him in the ere. 
 
 MULE vs. HOESE. 
 
 It must not be supposed, of course, that all 
 the teams on the road Avere composed of fine 
 animals and decorated with fox tails, bear skins 
 and bells. On the contrary, there were some 
 very shabby outfits. The ambition to be a 
 teamster, stimulated by the demand for freight- 
 ers and the money to be made in the business, 
 prompted some i)arties with limited means to 
 make a start Avith any kind of an old rig until 
 their accumulations would enable them to do 
 better. Old creaky wagons were patched up and 
 old broken down horses and mules were gath- 
 ered together and made to do service. As may 
 be supposed the drivers of such combinations 
 were the butt of a great deal of ridicule. 
 
 It happened that two of the very worst of 
 such makeshift teams met one night by accident 
 in the yard at Bishop's Hotel, near Auburn. 
 
 In one was a horse that from general appear- 
 ances might have been turned out by Sir 
 Frances Drake when he first landed on the 
 
93 
 shores of the Pacific, and in the other was a 
 mule that from the length of his teeth and the 
 wrinkles over his eyes appeared old enough to 
 have been used in the days when the Mound 
 Builders inhabitated this continent. 
 
 The horse had suffered many ailments and 
 carried the marks and scars of hard usage. His 
 ribs stood out like lattice on the windows of a 
 country house ; his saw-tooth back was covered 
 with scabs and sores; he had a poke neck, 
 cracked hoofs and stiff and swollen joints; a 
 different Kmp in each leg gave him a wabbly, 
 winding motion, which, added to the side crook 
 in his neck, left you in doubt as to the direction 
 he was going. 
 
 The scars on the mule, if possible, were 
 thicker than on the horse. One of his legs had 
 been broken and set crooked so that the toe of 
 his shoe had to be built on the side of the foot. 
 He had no hair on his tail and little on his 
 body. One eye was knocked out and there was 
 a scum over the other. His ears lopped down 
 by the side of his head, one falling forward and 
 the other backward; several ribs were broken 
 
94 
 in, and pressing on his lungs gave to his breath- 
 ing a sound not unlike the combined snore of 
 ten tired miners. 
 
 It further happened that the owners of these 
 two animals were watering them that evening 
 at the same time and at the same trough. The 
 men were strangers to each other. As the crea- 
 tures drank the man with the mule was looking 
 at the horse, and the man with the horse was 
 looking at the mule. Finally the silence was 
 broken by the mule man, who said : 
 
 "Stranger, that horse of yours looks like he 
 might have been brought hereby General Sutter." 
 
 "I guess he was," replied the horse man; 
 "but if looks are what j^ou go by, your mule 
 must have been brought to this country by 
 Columbus." 
 
 "Do you think this mule is older than your 
 horse?" asked the mule man, with some show 
 of feeling. 
 
 "Of course he is," confidently replied the 
 horse man. 
 
 "Well, he can't outpuU him," said the man 
 with the mule. 
 
i 
 
 95 
 
 "I don't know about that," retorted the man 
 with the horse. 
 
 "See here, stranger," continued the mule 
 man, "this mule can outpuU your horse any 
 day in the week, any place 3^ou name, and for 
 any amount." 
 
 "He might outpull him," answered the owner 
 of the horse, "but he can't outrun him." 
 
 "Yes he can outrun him, too," defiantly re- 
 plied the owner of the mule." 
 
 "I'll bet you a hundred dollars he can't." 
 
 "You will," said the mule man, "how far do 
 you want to run?" 
 
 "Any old distance you want to, from one mile 
 to a hundred." 
 
 "All right," assented the mule owner, "I'll 
 bet you a hundred dollars and put up the money 
 that my mule can beat your horse from here to 
 Sacramento and back." 
 
 "Money talks," replied the owner of the 
 horse, at the same time taking a well-filled 
 purse of twenty dollar pieces from his pocket ; 
 come right over to the house and we'll put up 
 the stakes." 
 
96 
 
 As they entered the hotel, each jingling a 
 handfuU of twenties, the landlord and the 
 assembled teamsters were at once eager to 
 know the cause for the display of so much coin. 
 
 This was explained in a few words when the 
 teamsters, always anxious for excitement, and 
 ready to welcome and encourage anything that 
 promised some diversion, became as much in- 
 terested in the controversy as the principals 
 themselves. They at once began to take sides, 
 and never were racers more carefully scnitinized 
 or more thoroughly discussed by parties desir- 
 ing to wager on their merits than were those 
 old crowbates by the teamsters and others who 
 assembled in the barroom at Bishop's wayside 
 inn on that balmy September evening. 
 
 It was agreed that the race should come off 
 in one week, on a day when it would be conven- 
 ient for both to meet again at the same place. 
 Each animal must be ridden or driven by it's 
 owner. They were to start on signal from the 
 plaza in Auburn, go to Sacramento, round the 
 9th Street park, and return to Auburn, the ani- 
 mal arriving first to be the winner. The dis- 
 
97 
 tauce from Auburn to Sacramento is 35 miles, 
 making the race 70 miles. 
 
 The news of this proposed event spread rap- 
 idly in all directions. Most of the teamsters 
 and waj'side tavern keepers knew the animals, 
 as their scrawny appearance made them objects 
 of interest. 
 
 Teamsters had previously discussed the ques- 
 tion of the poorest animal on the road but had 
 never been able to agree as to whether this dis- 
 tinction belonged to Mike Beck's horse or 
 George Hudson's mule. There had been no 
 dispute that the title belonged to one or the 
 other, for of all the measly creatures used in 
 the freighting business there were no others so 
 ungainly or dilapidated. If there was to be a 
 race between scnibs, therefore, it was agreed that 
 these of all others were the animals to compete. 
 
 A contest among thoroughbreds never aroused 
 more interest than was awakened by this race. 
 Wherever men met it was the theme of discus- 
 sion and all kinds of calculations were made 
 and speculations indulged in as to which would 
 win. Nearly ever}- man in those days was will- 
 
98 
 ing to back bis judgment witb bis money, and, 
 as may be sui)posed, tbe betting was fast and 
 furious. Tbe sporting fraternity quit tbeir 
 poker games, tbeir monte and tbeir faro to take 
 a band in tbe race, and miners came up from 
 tbeir cbxims to learn more about tbe animals 
 and wager tbeir dust on tbe outcome. As tbe 
 day for tbe contest drew nearer tbe excitement 
 grew bigber and tbe bets larger. Teamsters 
 made tbeir drives so tbey could attend, and in 
 some cases laid over one or two or even tbree 
 days ratber tban miss tbe fun. 
 
 At Sacramento, tbe turning point in tbe race, 
 tbe interest was second only to tliat along tbe 
 road and in tbe mines. 
 
 At lengtb tbe day came and witb it tbe prin- 
 cipals and tbeir steeds. Just tlien tbey were 
 tbe most important personages in tbe country, 
 and bad tbeir mounts been of tbe best imported 
 stock tbey could not bave aroused more inter- 
 est tban was bestowed tbat day on tbat old 
 crooked neck borse and tbat old lop-eared mule. 
 
 Tbe crowd tbat collected to see tbe start 
 numbered tbousands, and all along, between 
 
Auburn and Sacramento, the road was lined 
 with people as it never was before or since. 
 
 It had been arranged that a rela}^ of riders 
 should accompany the racers to see that all the 
 conditions were executed according to agree- 
 ment. 
 
 Finally, all was ready, the word given, and 
 away they went ; not very fast to be sure, but 
 they went. 
 
 The horse was quicker in starting and at once 
 took the lead. They i:)assed up through China- 
 town and at the toj) of the hill the horse was 
 still leading. A rider who left them at the end 
 of the first mile reported that the mule was 
 gradually falling behind. A similar report 
 came from the five mile stake, and still later a 
 rider came with the news that when the horse 
 reached the ten mile post the mule was a good 
 mile in the rear. 
 
 All day riders came in with news of the 
 progress of the race and all reports agreed that 
 the horse was getting further and further in 
 the lead. 
 
 The backers of the mule grew nervous, while 
 
100 
 those who had their money on the horse be- 
 came hilarious. 
 
 When the mule men attempted to console 
 themselves by reminding the horse men that 
 the race was not ended j^et, the latter would 
 respond by offering to double their bets at the 
 rate of two to one. 
 
 A few of the mule's backers tried to save 
 themselves by hedging, but late in the day 
 there was little mule money at any odds. 
 
 It was evening when a courier rode into Au- 
 burn on a foaming charger and announced that 
 the horse had rounded the plaza in Sacramento 
 and was two miles on the return before he met 
 the mule. The excitement by this time was 
 running high and the enthusiasm of the horse 
 men knew no bounds. In the midst of the 
 hurrah it was proposed to hire the band (three 
 pieces), and go out and meet "The Conquering 
 Hero." 
 
 No sooner said than done ; the band was en- 
 gaged, and everybody expressed a determina- 
 tion to remain up all night, if necessary, to see 
 the end of the conquest and welcome the winner. 
 
101 
 
 Eiders were arriving at frequent inten^als and 
 though they reported very slow progress on the 
 part of the racers, all confirmed the horse's in- 
 creasing lead. The mule men were subdued 
 and blue. One miner who had a thousand dol- 
 lars on the "lop-eared bnite" as he called him, 
 with an oath or two in front of the title, said he 
 had been afraid all the time of " that side- wheel 
 leg," and now he was sure it was going to lose 
 his money. 
 
 About ten o'clock at night the horse was re- 
 ported five miles out of town. At once the word 
 was given and in a few minutes the band and 
 the populace started to meet the victor and 
 escort him home in triumph. The procession 
 passed by the Bloomer Eanch, proceeded over 
 Boulder Ridge and down the Long Valley grade. 
 Between the Old Homestead and the Greenwood 
 Toll House they met the horse and his driver. 
 Then a shout went up that reverberated over the 
 hills and awakened the stillness of the night 
 for miles around. The old horse had his nose 
 close to the ground and showed signs of great 
 fatigue. He proceeded very slowly and at fre- 
 
102 
 
 quent intervals stopped as though anxious to 
 give up the contest. At such times the driver, 
 who walked behind, urged him on, often apply- 
 ing the whip as the onh- means that would in- 
 duce a forward movement. AYith the band in 
 the lead and the horse and his proud owner in 
 the middle of the procession, the throng pro- 
 ceeded slowly but joyously back to Auburn. 
 
 The mule and his driver for the time being 
 seemed to be forgotten. There was only one 
 thought and that was that the horse would win. 
 Indeed, he had already won, or as good as Avon, in 
 the estimation of the crowd, and what did they 
 care for the mule or what became of him. In the 
 midst of the joy one fellow chanced to remark : 
 
 "I wonder where the old mule is about now?" 
 
 "I don't know," Avas the response. 
 
 "And I don't care," put in another. 
 
 "Suppose we send back and find out," said a 
 third. 
 
 "What's the use," put in the fourth, "he may 
 be in Sacramento yet." 
 
 "Yes, or dead and in some other sea-port," 
 laughingly remarked the fifth. 
 
103 
 
 Just at this juncture the procession halted. 
 
 "What's the matter?" "What have they 
 stopped for?" And other exi)ressions of anx- 
 ious inquiry immediately arose from a hundred 
 throats. 
 
 They were not long in finding out. The horse 
 had stumbled and fallen down. His driver laid 
 on the whip to induce him to rise, but to no 
 avail. Water was sent for but the beast refused 
 to drink. His nose was sponged out and the 
 dust washed from his eyes, and then as many 
 strong men as could get near, after repeated 
 efforts, succeeded in raising him to his feet. 
 
 Slowly they were nursing him along, a few 
 steps at a time, with a guard on either side to 
 keep him from falling, and in this way had just 
 reached the top of the grade when all at once a 
 shadow and a shuffling sound came from the 
 rear, and as the sound and the shuffle grew 
 nearer it was discovered, to the horror of the 
 horse men, that they were made by the mule 
 and his driver. 
 
 There had been shouts and cheers before, but 
 nothing like those which rose from the few 
 
104 
 
 mule backers who were in the crowd as that old 
 mule steadily but surely came iij) and, throwing 
 a cloud of dust at every step with that old side- 
 wheel leg, passed the horse and took the lead 
 in the home-stretch. 
 
 The band and the crowd proceeded with the 
 mule, while the horse and his driver and a few 
 who had their money on the horse, remained to 
 help and urge the liitter along, still hoping that 
 some adversity to the mule might yet enable 
 them to win. 
 
 The news of the change of conditions soon 
 reached Auburn. It seemed at first to the mule 
 men too good to be believed. Everybody was 
 aroused and those who had not gone with the 
 first crowd now turned out to meet the mule. 
 
 The old brute was pretty tired — very tired, 
 indeed — but whack after whack by the driver 
 with a big stick along his ribs kept him moving, 
 and finally, with his game leg scraping the 
 ground and his wheezened breath almost drown- 
 ing the band and the cheers, he walked across 
 the starting line, the winner of the race. 
 
 The horse laid down again when about a mile 
 
105 
 from town. His escort being unable to get him 
 on his feet proceeded to Auburn without him. 
 
 The mule was put in a comfortable stall and 
 carefully cared for that night; and the next day, 
 by arrangement of those who had won thou- 
 sands of dollars on him, he was pensioned on a 
 good pasture for life. 
 
 The horse did not rise from the place where 
 his friends had left him. Those who went out 
 next morning to see about his welfare came 
 back with the news that he was dead. 
 
 A TEAMSTER CONVERT. 
 
 It is contended by ministers and other good 
 people that proficiency in profanity is not a 
 necessary qualification for a successful mule 
 driver. Few who have handled mules consider- 
 ably will subscribe to this doctrine, and yet I 
 am not going to deny it. Since mules appear to 
 have become so completely woven into our ci^dl 
 as well as our military life, I hope for the sake 
 of morality that it is tnie, and that in the near 
 future some pious man will undertake to give 
 the world a i^ractical demonstration of the fact. 
 
 Campbell P. and Rufus C. Berry were pillars 
 
106 
 
 of the Methodist Church South in the earlv 
 days when it had few communicants and was 
 struggling for a foot-hokl in California. They 
 were good men and lived up to their profession. 
 Campbell, in later years, figured prominently in 
 California politics, being for several terms a 
 member of the Legislature, Speaker of the 
 Lower House, Member of Congress, and United 
 States Sub-Treasurer. It is not recorded 
 whether they were good teamsters, but it is 
 true that they owned a good mule team and 
 hired their brother, Polk, who was yet outside 
 the pale of the church, to drive it. 
 
 As the church gathered strength its leaders 
 decided to hold an old-fashioned camp meeting 
 as a further means of proselyting, and a beauti- 
 ful grove on Bear River, not far from where the 
 town of Wheatland now stands, and within a 
 few miles of the Berry home, was selected as a 
 suitable location. 
 
 The news of this coming event spread far and 
 wide and revived many incidents and anec- 
 dotes of Methodist camp meetings "back home," 
 as Californians were wont to say in those days. 
 
 i 
 
107 
 It was to be something new in this State and all 
 who could spare the time begun to get ready to 
 attend. As the date for the camp meeting drew 
 near the importance of the event grew in inter- 
 est, and the desire to attend became infectious. 
 
 Polk Berry was not exempt from the general 
 fever which pervaded the community, and when 
 he heard many of his fellow teamsters tell of 
 their determination to lay off one trip for the 
 purpose of taking in the camp meeting, he very 
 naturally wanted to lay off one trij) and attend 
 the camp meeting also. 
 
 He suggested the subject to his brothers, but 
 they evaded a direct reply. While he was 
 away on the succeeding trip, however, they 
 talked the matter over, and as good and relig- 
 ious men they very naturally concluded that 
 for the sake of the paltry $10 or $15 a day which 
 the team might earn during camp meeting week, 
 their relative should not be deprived of the con- 
 solation which a few days of association with 
 pious people might give him, and besides there 
 was the chance that such association would in- 
 cline him to become religious. 
 
108 
 
 It should be said that Polk was young, \dgor- 
 ous and profane. Considering his experience, 
 he was regarded by his associates as extra pro- 
 ficient in epithets peculiar to his calling. His 
 brothers often remonstrated with him against 
 his reckless use of language, and each had said 
 to the other more than once that he wished 
 Polk might see the error of his wa3'S and the 
 follj^ of his words and join the Church. 
 
 When he returned they told him they were 
 anxious for the salvation of his soul and had 
 gladly agreed that he might attend the camp 
 meeting if he would go to the mourners' bench 
 and try and get religion. 
 
 Polk rather demurred at the mourners' bench 
 proposition, but time had only increased his 
 desire to go, so when his brothers insisted and 
 reminded him of the sacrifice they were making 
 solely for his spiritual welfare, he reluctantly 
 yielded, fearing that if he should hold out they 
 might change their minds. 
 
 The time for the camp meeting came. Polk 
 was there, and during one of the early exhorta- 
 tions, when the i)reacher was vehemently call- 
 
109 
 ing on everybody to come up and be saved, the 
 profane youug teamster marched boldly forward 
 amid the "Thank God" expressions of his rela- 
 tives, and, kneeling in the straw, buried his face 
 in his hands on the bench in front of the pulpit. 
 
 At each recurring meeting Polk knelt in the 
 row of other repentant souls, but while one 
 after another "experienced religion," and took 
 their places among the inner circle of exhorters, 
 thus making room at the bench for new peni- 
 tents, our hero gave not the slightest token of 
 a change of heart until the evening of the third 
 day. Then he raised his head and with his 
 eyes turned Heavenward clapped his hands to- 
 gether and shouted, "hallelujah!" 
 
 What a rejoicing among his kinsmen and re- 
 ligious friends! They gathered around the re- 
 pentant sinner and mth shouts and praises 
 proclaimed their happiness, and further gave 
 vent to their feelings by singing, 
 
 " I now believe, I do believe, 
 
 "That Jesus died for me; 
 
 "And through His blood. His precious blood, 
 
 " I shall from sin be free." 
 
 The next morning Polk hitched up his team 
 
110 
 
 and started again for the monntaius. In ap- 
 jiearance and action lie was a changed man. 
 His features seemed drawn, his countenance 
 pale, his voice subdued. He impressed one as 
 though afraid to speak aloud lest he might un- 
 wittingly give vent to a profane expression. 
 
 His mules were not slow in discovering that 
 there was something wrong with the driver, and 
 the driver was equally conscious that his team 
 was becoming careless and indifferent to his 
 commands. 
 
 On reaching the hills where there was neces- 
 sity for some pulling Polk rather anxiously re- 
 marked to a fellow teamster that some how his 
 mules were not working right and he felt as 
 though every pull would be the last. "They 
 seem to know," he said, " that I have got relig- 
 ion, and I guess they think I will not punish 
 them." 
 
 His friend understood the situation and sug- 
 gested that he talk to them in his usual tone of 
 voice, but use some other language than swear 
 words. 
 
 "I have tried that," said the changed teamster, 
 
Ill 
 
 "but I don't seem to have avocabularj- suitable 
 for the iHirpose." 
 
 In spite of his fears Polk got along the first 
 daj' without any mishap. 
 
 The second daj^, however, while making a 
 hard gee turn on the Kough and Beady grade, 
 between the town of that name in Nevada 
 County and the old Randolph House, his team 
 stopped unbidden on the hardest part of the 
 hill. 
 
 Polk, already pale, as we have said, turned 
 paler. He was an experienced teamster and he 
 knew he was stalled. If the team would stop 
 without his word he knew it was doubtful 
 whether it would start at his command. How- 
 ever, he concluded to make one trial. He was 
 thoroughly conscious that he would have to 
 punish and scold, so he went among them and 
 laid on the whip, accompanying his action with 
 loud but inoffensive words. He then straight- 
 ened them out and gave the word to stai*t. 
 They pressed up against the collar, but did not 
 move the wagon. 
 
 With distress depicted on every line of his 
 
112 
 
 countenance Polk walked back to the teamster 
 wlio was next behind him and said : 
 
 "I wish you would come and swear at my 
 mules for me." 
 
 "I would, Polk," said his companion, "but 
 you know it would do no good. They are not 
 used to me any more than they are used to 
 your religion, and you know no new driver can 
 excite their best efforts." 
 
 "That is true," responded Polk. 
 
 "I will hitch on my leaders and help you up 
 the hardest part of the grade," ventured the 
 friend. 
 
 "No you won't," promptly put in the new 
 convert. 
 
 "Then what are joii going to do?" asked his 
 companion. 
 
 "I don't know," replied Polk, "but I know 
 those mules can pull that load. They've pulled 
 bigger loads up this same grade and they can 
 pull that, and I've got a notion to make them 
 do it." 
 
 "If you can make them pull out, why don't 
 you?" questioned the other teamster. 
 
113 
 
 "Well, to do it I would have to swear," said 
 Polk, "and I don't want to swear if I can lieli) 
 it." 
 
 "So you have concluded your religion and 
 teaming don't go together?" 
 
 "I know they don't." 
 
 "Then," resumed his friend, "if 30U have 
 found it out, a fact that I discovered in less 
 than ten minutes after I met you yesterday, you 
 must quit one or the other, and since you can't 
 quit your team until after this trip, I see no 
 alternative but for jow to lay aside your 
 religion or let me hitch on and help you along." 
 
 "I will make one more trial," said Polk. 
 
 The trial was made, but with no better re- 
 sults than before. Mad at the refusal of his 
 mules to respond to his demand he started in 
 again to whip them. As he applied the black- 
 snake he used language loud and strong but 
 not profane. He was a high tempered fellow 
 and as he whipped and scolded he grew more 
 and more excited. Finally, before he knew it, 
 he let slip an oath. 
 
 This was the leak that broke away the dam. 
 
114 
 
 With another oath he swore he didn't care if he 
 did swear. "A man's a fool who thinks he can 
 drive mules without swearing," he yelled, and 
 with these words he threw his hat in one direc- 
 tion and his gloves in another and mounting a 
 rock let forth a volley- of oaths that quivered 
 the leaves on the bushes and gave a creep.y, 
 cringing feeling to every living thing within 
 hearing distance. The accumulated profanity 
 of a week seemed to belch forth like the pent 
 up stream bursts from the suddenly loosened 
 head-gate. 
 
 After thus rehearsing he started with whip 
 and oaths among his mules, and after going the 
 rounds he stepped out and gave the command 
 to go. In an instant every mule buckled to his 
 work and that wagon started as though it were 
 but half loaded. 
 
 On reaching home his brother Campbell was 
 at the gate to greet him. The mules wanted to 
 go to the barn, though it was necessary first to 
 drive to the granary where the wagon could be 
 loaded for the next trip. 
 
 When the leader refused to i)romptly obey 
 
115 
 
 the jerk of the single line and the command of 
 the driver to "gee," he swore at her a vehement 
 oath. 
 
 "Polk! Polk! What are you saying?" ejacu- 
 lated his brother with an expression of mingled 
 pain and surprise. 
 
 "I'm saying — gee, j^ou ! ! ! ! 
 
 I'm saying if you want me to have religion, 
 you'll have to get somebody else to drive this 
 team." 
 
 JACK ROBINSON. 
 
 Jack Piobinson was a teamster and was known 
 far and wide as the most high tempered man in 
 the business. They used to say that when Jack 
 got real mad he lost his mind, and I think there 
 was some justification for this opinion, for he 
 certainly did things that no sane man would be 
 guilty of. 
 
 On one occasion he was trying to uutoggle a 
 chain and because it did not yield as readily as 
 he thought it ought he took out his pistol and 
 emptied it at the obstinate knot. William 
 Crepps, now a prominent farmer near Wheat- 
 
116 
 land in Yuba County, California, probably car- 
 ries a scar to tliis day where Jack Robinson, in 
 one of his mad fits, hit him over the head with 
 a piece of heavy scantling. But the worst thing 
 Jack ever did was to cut off a mule's tongue be- 
 cause the animal struck back at him when he 
 was trying to discipline it. 
 
 In the matter of profanity, while there were 
 artists of renown and past masters in the i)ro- 
 fession, Jack Eobinson's fame as the most 
 gifted and hair-curling blasphemer on the road 
 was undisputed. 
 
 In ordinary conversation he never used a 
 profane or Milgar expression. Naturally, he 
 was polite, good natured and agreeable, and his 
 command of language indicated early educa- 
 tional advantages. As a friend he was tnie, 
 and as a traveling companion your troubles 
 were his. If he liked you he would staj' by 
 you through fortune and failure regardless of 
 inconvenience or expense. There were team- 
 sters who would drive on and leave another in 
 case of a break-down or other mishap, but Jack 
 Robinson was not one of them. 
 
117 
 
 While he was notorious by reason of his 
 blood-cunlling profanity and crazy deeds, he 
 was equally noted for his many works of kind- 
 ness and his polite and coui-teous manners 
 when in a normal condition. 
 
 Though entitled to all the degrees in the 
 Teamsters' Swearing Club, he had pecuHar 
 opinions on the subject. He did not believe in 
 using profane words indiscriminately. He was 
 known to say that a fellow who was continually 
 damning this and helling that made himself 
 ])oth offensive and ridiculous. He regarded 
 swearing as a safety valve, a vent, as it were, 
 for the escape of a superabundance of passion, 
 and only justified in the case of great mental 
 distress as a means of relieving the pressure on 
 the brain and thus avoiding the possible rap- 
 ture of a blood vessel. He would go sometimes 
 a week, or possibly longer, without uttering an 
 oath, but when he did break loose the expres- 
 sions he used were simply terrifying. He 
 would talk about a gallon of the wrath of 
 Jehovah boiled down to a pint, the hind «juar- 
 ters of his Satanic majesty, the sixteen sections 
 
118 
 
 of pTirgatory, and other tilings equally as origi- 
 nal and if possible more sacrilegious. 
 
 In characterizing something particularh' mean 
 he used to say that "if you should pour epicac 
 into hell by the ton for a thousand years it 
 could not spew up anything worse." I have 
 seen this expression attributed to Bob Toombs, 
 of Georgia, but I can imagine no one capable of 
 originating it except the notorious Jack Eobin- 
 son. 
 
 On one occasion Jack was returning from a 
 saw mill, above Nevada City, with a load of 
 lumber. The road was steep and the grade very 
 narrow. The brake was on to the last notch 
 and yet the wagon shoved on his mules. The 
 mountain was so i)recipitous that in order to 
 get a road wide enough for wagons they had 
 not only to dig out the bank, but to wall up the 
 lower side in some places as much as twenty 
 feet. From the outer edge of the road one 
 could reach out and touch the limbs of i)ine 
 trees that branched from the main trunk a 
 hundred feet from the ground. On a gee 
 turn in an extra narrow place one of Jack's 
 
119 
 
 brake blocks pulled out. The accident hap- 
 pened without warninj^, and in an instant the 
 wagon shot forward and went over the embank- 
 ment. Those mules that were not immediately 
 knocked off struggled and clawed to save them- 
 selves, but it was no use, the chains and gearing 
 held them together and the entire outfit, wagon, 
 lumber and mules went tumbling and crashing 
 down the side of that awfully steep mountain. 
 
 Jack was on his saddle mule when they went 
 over, but falling close to the wall the mules and 
 the wagon passed over his head and left him 
 comparatively uninjured. As soon as he could 
 straighten . himself up he climbed back to the 
 road, and scratching his hatless head with the 
 left hand, stood looking down on the wreck 
 of what a few moments before was a splendid 
 team and wagon, and as he looked and scratched 
 there was omitted from his puckered lips a 
 long, low whistle. 
 
 Lumber was scattered down the side of the 
 mountain for at least 500 feet; here and there 
 among the debris was a struggling animal, 
 while most of the wagon and three of the mules. 
 
120 
 one with heels straight in the air, were lodged 
 in a heap against a cluster of pine trees. 
 
 There were two other teamsters just behind 
 Jack and on coming to the scone of the accident 
 they marvelled to see their companion standing 
 alone on the grade. 
 
 "TMiere is your team?" the first one asked 
 as he drew up. 
 
 "Well, sir, they got in a hurry and took a 
 short cut down the mountain," coolly replied 
 Jack, as he pointed to the wreck and resumed 
 his whistling. 
 
 The three teamsters climbed down from the 
 grade to make a more critical examination 
 of the results of the accident. 
 
 One mule had not been fatally hurt. After 
 chopping out a trail and tearing down the wall 
 of the grade this mule was finally gotten out 
 on the road at a point some distance below 
 the scene of the disaster. The other mules 
 were mangled and dying and were shot to put 
 them out of their misery. The harness and a 
 few tools and traps from the wagon were saved, 
 and with these and the one scarred and limping 
 
121 
 and bleeding mule, the latter tied behind one of 
 the other wagons, the party proceeded on their 
 journe}. 
 
 They stopped that night at Grass Valley. At 
 the hotel the accident was naturally the absorb- 
 ing subject of discussion and many were the 
 expressions of sympathy for Jack in his great 
 loss, and many were the congratulations at his 
 narrow escape from personal injury. 
 
 One hilarious fellow, however, ventured to 
 say that he would bet Jack made the air blue 
 with profanity about the time he straightened 
 himself up and saw what had happened. 
 
 "I will bet that is where you are mistaken," 
 replied Eobinson. 
 
 "Is that so. Jack? Didn't you swear at all?" 
 asked several in chonis. 
 
 "No, I did not," said Jack. 
 
 "How on earth did you keep from it," eagerly 
 asked one or two who knew him well and knew 
 his failing and who were now thoroughly inter- 
 ested to know how Jack acted under such great 
 provocation. 
 
 "Well, I will tell you, boys," answered the 
 
122 
 
 man who was recognized by everybody as being 
 without a rival among the early day teamsters 
 of California in the use of original oaths and 
 nerve-racking profanity, "I never knowingly 
 undertake the impossible, and it only required 
 a glance at the situation to convince me that 
 my vocabulary was far short of being equal to 
 the emergency ; but the pressure had to be re- 
 lieved some how, so I just whistled." 
 
 HAIK LIP PETE. 
 
 Teamsters in the early dnja of California, 
 those who did the freighting between the river 
 points in the valley and the mines, were greatly 
 given to boasting. They were, as a rule, skilled 
 in their calling and really did haul big loads, 
 but the disposition to brag was so prevalent 
 that a driver was seldom found who would 
 frankly confess to the true Aveight of his freight. 
 It was a habit among them when questioned 
 on this point not to hesitate about answering, 
 but with a promptness and assurance indicat- 
 ing candor the teamster would reply, giving, or 
 professing to give, the weight of his load to a 
 
123 
 
 pound, being snre, however, to make the figure 
 large enough to cover the greatest known capac- 
 ity of a similar team. He would thus not only 
 put himself within the limit of belief, but would 
 the more likely exi)ose to ridicule any one who 
 l^rofessed to beat him. 
 
 Just exactly what different teamsters did 
 haul was always more or less a question of 
 doubt, and being unknown was naturally the 
 subject of a great deal of discussion. 
 
 On one occasion, at the Half Mile House, 
 near Nevada City, a lot of teamsters, seated at 
 the supper table, were speculating on how 
 much this, that and the other Knight of the 
 whip hauled, referring, of course, to absent but 
 well known drivers of good teams, but as they 
 could make little headway in determining what 
 others did, the discussion naturally turned on 
 what they themselves were doing in the wslj of 
 maintaining the reputation of California team- 
 sters for hauling the biggest loads over the 
 hardest roads with the least number of mules 
 of anybody in the world. 
 
 It is not to be supposed that credit to the 
 
124 
 
 business suffered from any lack of skill among 
 the members of that party so long as it was left 
 to them to tell it. 
 
 As one after another dilated on his artistic 
 methods of manipulating the string and per- 
 suading the mule to the greatest possible exer- 
 tions, an outsider might have been impressed 
 that he was listening to a dissertation by a 
 party of the most expert mule drivers in Amer- 
 ica. 
 
 The first fellow who asserted the capacity of 
 his load was modestly outdone a little by the 
 next, and he by the next, and so on, until the 
 figures grew almost to the bounds of incredi- 
 bility. Each, however, assumed to take the 
 others seriously and it was really beginning to 
 appear to the outsider that the man who spoke 
 last was the conveyor of the biggest loads, 
 when finally Newt. Gregory, observing that 
 Pete Miller, who had as fine an outfit as any 
 man on the road, had been a silent listener 
 through all the spirited discussion, asked him 
 how much he hauled. 
 
 Now, Pete had a hair lip which interfered 
 
125 
 
 materially with his articulation. He had the 
 knack of making himself understood and feared 
 by his mules, however, and was rated a first- 
 class teamster. By reason of his infirmity of 
 speech, of which he was rather sensitive, he 
 seldom spoke except when he was spoken to. 
 Therefore, to the question of Gregory, he 
 simply looked up and said : 
 
 "Me?" 
 
 "Yes, Pete," said a half dozen in chorus, 
 "how much do you haul?" 
 
 "We' I te' 3^ou bo's," said the modest team- 
 ster, "I 'ink I 'arry abou' a' mu' on my wa'on 
 a' any o' you, bu' I don' 'ink I 'arry wite so 
 
CHAPTEK IX. 
 
 HIRAM HAWKINS. 
 
 TN very early daj^s Hiram Hawkins was Jus- 
 tice of the Peace in Auburn. Hiram was a 
 man who stamped his personality on the com- 
 munity by reason of his strong traits of charac- 
 ter. To this day old timers will entertain you 
 with stories about Hi. Hawkins, while the 
 younger generation know about him from the 
 frequent recitals of the things he said and did. 
 He had more brains than is allotted to the 
 average man, and what was more unusual, the 
 gray matter under his cranium was distributed 
 in such proportions as to pretty evenly balance 
 his faculties. He had a good command of lan- 
 guage and was an entertaining story teller. A 
 humorous vein run through his composition 
 and he was noted for his high sense of honor. 
 He was withal a man of very strong will. No 
 
127 
 
 argument or iufluence could swerve him from 
 what he believed to be right. With too much 
 sense to assume to be infallible, he was at the 
 same time keenly alive to the fallibility of others. 
 
 On one occasion when an attorney in his 
 court was endeavoring to bolster up a case by 
 frequent quotations from decisions of the su- 
 preme court, Hawkins interrupted him to ask : 
 
 "What supreme court are you quoting, the 
 court of heaven or the court of earth?" 
 
 " The court of earth, your honor ; the supreme 
 court of California," replied the surprised at- 
 torney. 
 
 " If of earth it is human, and being human is 
 liable to err, the same as you and I; and being 
 liable to err it will have little weight with this 
 court against its own opinions, which are as 
 likely to be right— right I say— as the opinions 
 of other fallible creatures. Let the supreme 
 court go, please." 
 
 "But," said the lawyer hesitatingly, "think of 
 the eminence and learning of this distinguished 
 tribunal." 
 
 "Eminence and learning are not necessarily 
 
128 
 synonymous for justice and right. I have heard 
 of learned fools, and it is said that men of preju- 
 dice sometimes sit in high places. Present 
 your own case on its own merit, and never mind 
 what others have decided in other cases where 
 unknown influences were exerted or that may 
 not have been precisely similar." 
 
 Had Hawkins been less strong his independ- 
 ence might have gotten him into much trouble, 
 but as it was, the people all liked him by reason 
 of his generous nature and affable disposition, 
 and the best of lawyers came to respect him for 
 his integrity and sound judgment. While ignor- 
 ing the technicalities of the law and while 
 throwing precedent to the winds, as it were, his 
 decisions, as a rule, carried with them such 
 strong justification for the conclusions reached 
 that he was seldom overruled. Indeed, the 
 justice court presided over by Hi. Hawkins be- 
 came so noted for its "justice" that both attor- 
 neys and clients who had a bad case preferred 
 any other magistrate, while those who Avere 
 conscious of a good case would rather have it 
 tried before Hawkins than anybody. 
 
129 
 
 On one occasion a controversy was brought 
 before liim of more than usual importance, and 
 both sides were anxious to obtain the prestige of 
 a favorable decision in Hawkins's court, know- 
 ing that in the event of an appeal, which was 
 likeh' to follow, his decision would have more 
 or less weight with a higher tribunal. Two of 
 the ablest lawyers in Auburn were engaged on 
 one side, and to combat them, the opposition, at 
 considerable expense, brought down two of the 
 best lawyers of Nevada City. All were high- 
 priced men and Hawkins knew it, and he knew 
 also that whether the trial lasted one day or one 
 week their fees would be the same. The exam- 
 ination of witnesses lasted nearly two days, and 
 when it was announced that the testimony was 
 all in the Justice wrote on a little slip of paper, 
 put the slip under the sweat-band of his hat, 
 and then addressing the four lawyers asked 
 them if they desired to argue the case? Tlie}^ 
 concluded that they did, and after a clearing of 
 throats and the inevitable swallowing of water 
 the forensic war began. 
 
 As the great men talked they warmed to the 
 
130 
 subject, and for two whole days those four 
 bright lawj^ers engaged in a fierce battle of 
 words. Finally, when they had concluded their 
 arguments and submitted their case, one of the 
 Nevada City lawyers asked about when they 
 might expect a decision. 
 
 "Right now," said Justice Hawkins, and 
 reaching for his hat he took the piece of paper 
 from under the sweat-band and read from it the 
 verdict of the Court. 
 
 This movement did not escape the notice of 
 the assembled counsel, and one of them ventured 
 to ask : 
 
 "If your honor please, when did you write 
 that decision?" 
 
 "Just as soon as the testimony was in," an- 
 swered the Justice. 
 
 The lawyers looked at one another in blank 
 astonishment. At last, with an air of un- 
 concealed disgust, one of the Nevada City 
 attorneys who did not know Hawkins so 
 well, said in a tone intended to be crushing in 
 its severity : 
 
 " If you had made up your mind, sir, why in 
 
131 
 the world did you not say so and let us go home 
 two days ago?" 
 
 Hawkins looked at the attorney with an ex- 
 pression more withering than the latter's words, 
 and then, changing his expression to a self- 
 satisfied smile, remarked in a modified tone, 
 
 "Don't get excited, my dear sir. I simply 
 wanted to give you gentlemen a chance to earn 
 your mone3^" 
 
CHAPTER X. 
 
 THE TWO VERDICTS, 
 
 7 TIEGINIATOWN, in Placer County, on the 
 Auburn Ravine, in the lower foothills, was 
 in early days one of the richest placer mining 
 camps in California. In local politics Virginia- 
 town had to be considered, for in the days of 
 its zenith it and Gold Hill, in the same locality, 
 cast more votes than any other towns in the 
 county. 
 
 To-day the main street forms part of a 
 country highway with here and there a rough 
 unused granite hitching-post along its borders 
 to mark where the town once stood; the build- 
 ings and the miners are all gone. The hills and 
 dales surrounding this historic spot are now 
 covered with thrifty orchards and beautiful 
 homes, and mining is only a memory. The 
 Chinaman was the last to la}' down the pick 
 and shovel, but even he in time exchanged 
 
138 
 
 these implimients for the hoe and the pruning 
 hook. Mining has taken on a different charac- 
 ter and moved further back into the mountains. 
 
 In the pahniest days of mining a few people 
 in or near Virginiatown, tempted by the great 
 demand for pork among the Chinese, went ex- 
 tensively into the business of raising hogs. It 
 was here that P. D. Armour, afterwards the 
 great pork king of Chicago, made his first 
 money out of swine. 
 
 The hills were covered with oaks and the 
 oaks were covered with acorns, and from these 
 and other sources hogs fed and fattened. 
 
 In those same hills there were some deer and 
 an occasional bear and other large game. It 
 was a common occurrence for a miner to take a 
 day off for the purpose of enjoying a hunt. He 
 seldom returned empty handed. If he failed to 
 bag a bear or a deer he would turn his rifle on 
 a hog, and thus the mining camps in that 
 neighborhood soon became famous as favorite 
 hunting grounds. 
 
 The hog men protested, but to no avail. 
 Finally, they succeeded in electing one of their 
 
134 
 number, by tlie name of John Bosqnit, to the 
 office of Justice of the Peace. Thus fortified, 
 they were not slow in filing complaints against 
 some of the most successful "bear" hunters. 
 
 When these parties were arrested and brought 
 into court they availed themselves of their pre- 
 rogative and at once demanded a jury trial. It 
 took some time to secure twelve good men and 
 true who were satisfactory to both sides, for 
 Avhile the defense was partial to the hunting 
 fraternity, the prosecution objected to every 
 man who was known to carry a gun — that is, a 
 hunting gun. 
 
 At length a jury was sworn in with Bill 
 Honn, a character as determined as he was 
 profane, as foreman, and one of the defendants 
 was i:)ut on trial. This was to be a test case 
 and the camp and all the country round about 
 was thoroughly wrought up over the outcome. 
 Miners quit work and people came in from the 
 country to hear the trial. The courtroom was 
 crowded to the door and several hundred men 
 were in the street unable to gain admission. 
 
 There were whisperings that there was not a 
 
135 
 
 hog killer on tlie jury, while others looked wise 
 and said there Avcre plenty of men in the jury 
 box who had eaten hog. 
 
 The burden of testimony was against the de- 
 fendant, and there were hog raisers in the audi- 
 ence who would have bet two to one on a 
 conviction. Indeed, a few bets were made at 
 these odds. Finally, when the evidence was all 
 in and the arguments concluded. Justice Bos- 
 (juit instructed the jury, concluding with these 
 words : "Anticipating your conclusions, gentle- 
 men, I have prepared a verdict." 
 
 He handed to the foreman a slip of paper not 
 more than half an inch wide and as long as the 
 width of a letter sheet, on which was written, 
 "We, the jury, find the defendant guilty." 
 
 The jury was then informed that it might 
 retire for deliberation. As soon as out of hear- 
 ing of the court they read what the Judge had 
 written and with almost one acclaim protested 
 that they would not stand for a verdict of 
 guilty, and that no court could bulldose them. 
 
 In less than five minutes they had determined 
 among themselves to acquit the defendant and 
 
136 
 
 requested one of their number, who was known 
 to be a good penman, to prepare the findings. 
 Then they made a discovery. They had no 
 pen, no ink, and no surphis paper. The Justice 
 had been careful to leave no blank space on the 
 piece he had given them. In the crowd was 
 one pencil but no one had a scrap of pax)er. 
 To go back to the courtroom for some would 
 expose their intentions. Finally, in this di- 
 lemma, one of them suggested that they write 
 their verdict on the back of the slip that con- 
 tained the verdict of the Judge. This idea was 
 accepted, and accordingly on the reverse side 
 they wrote: "We, the jury, find the defendant 
 iwt guilty." 
 
 Having thus triumphed over the studied 
 obstacles of the court to defeat their possible 
 determination to prevent the punishment of one 
 of their friends for no other offense than "mis- 
 taking a hog for a bear," as the defendant's 
 attorney had put it, they returned to the trial- 
 room to report their conclusions. In the haste 
 and excitement of their preparations they neg- 
 lected to erase what the Justice had written. 
 
137 
 The court aud the people were waitiuf; for 
 them, and after calling to order the Justice 
 asked if they had agreed on a verdict. "We 
 have, your honor," promptly responded the 
 foreman, at the same time handing back the 
 slip of paper. The Justice looked it over, read 
 to himself, turned it over and read again. 
 Finally, addressing the jury, he said : 
 "Is this your verdict, gentlemen?" 
 "It is, your honor," responded the foreman, 
 "Then," said the Justice, "the Clerk will 
 please record," and with the i^aper before him 
 he read aloud : "We, the jury, find the defend- 
 ant guilty." 
 
 "Hold on there, Judge; hold on!" put in 
 foreman Honu, excitedly. "That, Judge, is 
 your verdict; you will find ours, sir, on the 
 other side of the paper." 
 
CHAPTEE XI. 
 
 HEARTS WERfi TRUMPS. 
 
 -^T^HIS is not m story of early niiniug days in 
 California, but of early railroad days. 
 
 The Central Pacific Kailroad Company was 
 running trains across tlie Sierra Nevada Moun- 
 tains, and doing a big business by way of Reno 
 with Virginia City, in the State of Nevada. 
 
 Sacramento was the Western terminus, and 
 the depot on Front Street in that city was a 
 busy place, especially during the arrival and 
 departure of passenger trains, when people 
 gathered to say a last good-bye to parting 
 friends, or perhaps to meet those who were due 
 to arrive. Still others were attracted to the de- 
 l)ot out of idle curiosity just to see the trains 
 come in. 
 
 There has always been an unexplainable fas- 
 cination about arriving and departing trains 
 
189 
 
 since the beginning' of railroading, that has at- 
 tracted idle people to the depots at train time, 
 just as the same class of people used to gather 
 at the town tavern to see the stage come in. 
 
 In the days of our grandfathers the arrival of 
 the stage was a great event in some of the ({uiet 
 western towns, so much so that on occasions 
 villagers quit their work, and on holidays farm- 
 ers drove to town with their boys and girls, just 
 to see the stage come in. Brick Pomeroy has 
 told us of the boy who went with his father to 
 see the stage come in on an occasion when there 
 were two passengers, a man and a dog, the man 
 rode and the dog walked. 
 
 Among those attracted by idle curiosity to 
 the Sacramento depot one day was a young 
 minister who had recently arrived in California 
 from England. He was neatly attired and had 
 a kindly face, and the cut of his garb proclaimed 
 his calling. After the train pulled out most of 
 the people who had gathered there departed for 
 their homes, but the minister still strolled leis- 
 urely up and down the platform. 
 
 A well dressed and comely young woman, 
 
140 
 with a satchel in one hand and a small bundle 
 done up in a shawl-strap in the other, came 
 hurriedly across the street and rushing up to 
 the stranger asked, with an expression of great 
 anxiety, if the train had gone. 
 
 "A train has just pulled out, madam; what 
 train did you want?" 
 
 "The train to Reno." 
 
 "Well, I am sure I cannot tell you whether that 
 train goes to Reno or not, but I will inquire." 
 
 So saying the minister stepped oyer to the 
 ticket office and in a moment returned wdth the 
 information that it was the Reno train which 
 had just departed. 
 
 " Oh, what shall I do ! What shall I do ! " ex- 
 claimed the young woman, and the big tears 
 came to her lustrous brown eyes and rolled in- 
 voluntarily down her pink cheeks as between 
 sobs she told that the following evening she 
 was to be married at Virginia City to the best 
 man in the world, that great preparations were 
 making for the wedding, and that if she disap- 
 pointed him she knew he — boo hoo — would 
 never — never forgive her. 
 
141 
 
 "Say," she broke in, "won't you ask tliat 
 man on tlie engine to take me in tlie cab with 
 him and catch the train? Do, please, I will 
 pay him!" 
 
 The young Englishman's sympathies were 
 thoroughly aroused. Little as he knew of the 
 customs of this country — and especially this 
 Western part of the country — he knew it was a 
 Ijold request, but just at that moment, for that 
 beautiful, tear stained, suffering girl he felt that 
 he would do anything in his power, so walking 
 over to the engineer w^ho was seated on a big, 
 fine, high wheeled, puffing, panting locomotive, 
 he asked if for pay he could take the lady 
 aboard and ovei-take the Keno train. 
 
 "Not much," replied the engineer, "if I should 
 do anything like that I would be fired in a 
 minute." 
 
 "Fired? fired?" queried the Englishman; 
 " surely, you don't mean to say that they burn 
 people here if they depart from the rules of the 
 company?" 
 
 " No, not exactly that," put in the railroad man, 
 "but they would certainly take my head off." 
 
142 
 
 " Head off ! How shocking ! I can't conceive 
 of such a thing ! Take a man's head off, and 
 simpl}^ for departing slightly to perform a hu- 
 mane act. I am astonished." 
 
 These (ejaculations by the minister were di- 
 rected partly to the engineer and partly to the 
 anxious, tearful young woman, who by this 
 time had come up to join in the negotiations. 
 Noting her friend's agitation she said through 
 her tears : 
 
 "No, tliey don't do that; you don't under- 
 stand him." 
 
 "No," broke in the man on the engine, with a 
 smile at the credibility of the stranger, "I don't 
 mean that they'd kill anybody. They'd simply 
 give me my walking papers." 
 
 Turning to the lady the Englishman said : 
 
 "This man is certainly a mystery." 
 
 Then to the engineer: "Am I to understand 
 the meaning is that you would be reduced in 
 grade; be compelled to walk, as it were?" 
 
 "No, no, I mean that I would simply get the 
 G. B." 
 
 "And, pray, what is the G. B.?" 
 
143 
 
 " Why, the G. B. is the grand bounce ; what 
 do you siTppose it is ?" — 
 
 "What is the trouble? What is this dispute 
 about? Why is this young woman in tears?" 
 asked a portly, pleasant faced man as he 
 stepped up, ha^dng been attracted by the dis- 
 tressed and anxious countenance of the lady. 
 
 Explanations were hurriedly made, when the 
 new arrival said to the engineer, 
 
 "Why don't you take her? It is not too late 
 yet." 
 
 "Because I can't." 
 
 "Why can't you?" 
 
 "Because if I do anything like that without 
 orders I will get bounced, sure." 
 
 "Who do you get your orders from?" 
 
 "Filmore— J. A. Filmore." 
 
 "Say, you take this girl and put her on that 
 train and help her to meet her engagement and 
 I'll square it with Filmore." 
 
 "But suppose you can't?" 
 
 "But I can." 
 
 "Are you an officer of the road?" 
 
 "No, but I am a friend of Filmore." 
 
144 
 
 "Maj- 1 ask your name, please?" 
 
 "Yes, sir; my name is Wheeler, Cy. Wheeler." 
 
 "A member of the firm of Booth & Co.?" 
 
 "That's it. I am that man." 
 
 "But suppose you can't scpiare it with Fil- 
 more?" 
 
 "If I can't, you shall not suffer. I will take 
 care of you." 
 
 "In what way?" What do you mean?" 
 
 "I mean if you lose your job by favoring me 
 I will give you a better one." 
 
 "All right," said the engineer, "get aboard 
 here girly and dry your tears. If I don't get 
 you there it will be because this locomotiA^e 
 can't run, and I think she can." 
 
 "Toot, toot," and she was off, but not before 
 grateful thanks had been profusely expressed 
 by the young woman whose sorrow had so soon 
 been turned to happiness by the bold act of a 
 big-hearted man. 
 
 "That was a noble act on your part," said the 
 preacher, as the two started to walk away, after 
 watching the engine round the curve above the 
 old water works and pass out of sight. 
 
145 
 
 "Yes, but we will not talk about it now," re- 
 plied the big, silent member of the firm of 
 Booth <k Co., who never relished a discussion 
 of his own deeds. " I must go now and see Mr. 
 Filmore. I have exposed that engineer to dan- 
 ger, and I must protect him, so good day, sir." 
 
 "Good day," said the young Englishman, and 
 the two parted. 
 
 The man of the cloth went to his quarters to 
 marvel at finding in this far Western land such 
 a splendid character as he had discovered in the 
 accidental acquaintance of the morning, and in- 
 cidentally to cudgle his brain for the meaning of 
 the "engine driver," as he called him, in protest- 
 ing that he would "lose his head," and be 
 "fired," and "bounced," etc. 
 
 While Cy. AYheeler is walking to Filmore's let 
 me imi)rove the time to say that he was in his 
 day a character as noted as he was popular. 
 When his partner, Newton Booth, was running 
 for Governor of California his opponents used 
 to say they feared Wheeler's popularity more 
 than Booth's finished oratory. He did things 
 often in a crude wa>' but alwavs with the best 
 
146 
 intentions. Form with him cut no figure. 
 "Motives, not methods," might have been his 
 motto. He never refused to give money, if the 
 cause apj^ealed to him favorabl^^, for want of a 
 check book, but would write his order on any 
 scrap of pai)er that happened to be hand}^, and 
 though his bank protested against this way of 
 doing business he persisted in pursuing the 
 course that to him was most convenient. It is 
 said that he even went so far on one occasion, 
 when a friend asked him for a loan at a place 
 where there was no paper, as to write a draft 
 for $10,000 on a shingle. 
 
 When this man with a heart as big as the 
 ])roverbial water bucket reached Filmore's office 
 he told the latter what he had done and ex- 
 plained the circumstances that had prompted 
 him to do it. 
 
 The railroad official listened with increasing 
 astonishment as the narrative i^roceeded, and 
 when Wheeler concluded by saying, "Now I 
 want you to forgive that fellow," Filmore replied 
 promptly that he could not do it; that he would 
 discharge him at once. 
 
147 
 
 "Tlien," said the merchant, "I will have to 
 take him and give him a better job." 
 
 "Would you put a premium on disobedience?" 
 asked Filmore. 
 
 "No; just the contrary. He obeyed me and 
 I can't allow him to suffer for it." 
 
 "But he was not in your emplo.y." 
 
 " I know it, but it was an emergency case. I 
 possibly did wrong, but if so I erred on the side 
 of charity, and I'll stand by my act." 
 
 Filmore, who had a pretty big heai*t himself, 
 sat as though in deep thought for a few moments 
 and then said : 
 
 "See here, Wheeler, this whole proceeding is 
 unusual and extraordinary, something unprece- 
 dented in my experience, but I will forgive that 
 engineer this time ; I, also, will err on the side 
 of charity ; but let me tell you, and remember I 
 mean it, don't ever do such a thing again." 
 
CHAPTEE XII. 
 
 A TWELVE-YEAR-OLD HERO. 
 
 TT was in the fifties, in the fall of the year, 
 when an emigrant A^agon with the cover 
 soiled and tattered from hard usage came into 
 Sacramento, the capital cit}' of California. This 
 wagon was drawn by three yoke of oxen, which 
 were thin and scarred from the dreary trip 
 across the plains. Behind the wagon was a 
 small herd of loose cattle, consisting mostly of 
 young cows, driven by a boy on horseback. 
 
 While yet in the outskirts of the city, the 
 wagon turned to the side of the street and 
 stopped under the shade of some cottonwood 
 trees that then lined the sidewalk. 
 
 Soon after halting a middle-aged woman and 
 a very young woman — mother and daughter, 
 presumably — left the wagon and started down 
 town to do some shopping. 
 
 This family, as I afterward learned, left their 
 
149 
 train a. littlo above Han^^town (now Placorvillo) 
 and taking the ridge road had come on alone. 
 They passed through Diamond Springs, Mud 
 Springs and Michigan Bar, but these were 
 small mining camps and afforded little oppor- 
 tunity for procuring articles of feminine apparel. 
 The journey across the continent in those 
 days was accompanied by hardships and dan- 
 ger, and nearly all new arrivals could tell thrill- 
 ing stories of suffering and adventure. 
 
 In hopes of hearing something interesting I 
 stepped across the street and opened conversa- 
 tion with the man in charge by asking what 
 State he was from, to which he promptly an- 
 SAvered, "Iowa." With this much of an intro- 
 duction we became engaged in a general con- 
 versation. 
 
 The family embraced seven people, father, 
 mother and five children, and it was the father 
 wdiom I addressed. 
 
 Our talk drifted lightly from one subject to 
 another until finally I asked how the children 
 stood the hardships of the long journey ? 
 
 "Better than the grown people," was the 
 
150 
 prompt reply. "That bo^- over there," the 
 father continued, pointing to the little fellow 
 on horseback who drove the loose stock, 
 and who was now watching them as they 
 browsed on the short grass that grew along the 
 edge of the sidewalk, "that boy has driven 
 those cattle every day since we started, has 
 herded them in the evenings, and from day- 
 break until starting time in the mornings, and 
 yet if he is tired nobody knoAvs it." 
 
 "He looks like a hardy young fellow," I re- 
 plied. 
 
 "Yes, ho is hardy and he is brave, too, if I do 
 say it," continued the father. "He saved the 
 lives of a yoke of these oxen when not a man 
 out of more than twenty in the train would go 
 to the rescue." 
 
 This remark aroused my curiosity, so I ques- 
 tioned the parent until I got from him the full 
 details of his son's exploit. 
 
 I was the more anxious to hear the story on 
 account of the boy's appearance, Avhich was 
 anything but that of an ideal hero. To me, as 
 he sat on that bony horse, he presented a pic- 
 
151 
 
 turo moro suj^'j^'ostive of comedy than bravery. 
 - His light, untrimmed hair protruded in tufts 
 through the holes of a hat that slouched until 
 you could not tell where the crown ended or 
 the brim began. Over an old hickory shirt he 
 wore the remnants of a little gray coat, out at 
 the elbows, ripped under the arms, and frayed at 
 the wrists. His short pants were worn through 
 at the knees and torn at the sides. The scratches 
 on his bare legs w^ere thicker than the rips in 
 his trousers, caused by riding after cattle 
 through the brush while coming across the 
 Sierras. His feet were bare and caloused like 
 an Indian's, and on the insteps there were par- 
 tially healed wind-cracks nearly an inch in 
 length. His hands were tanned, freckled and 
 sore from heat and alkali, his lips were chapped, 
 and his face was scaly with sunburned cuticle 
 falling off to make room for the new and ten- 
 derer growth. 
 
 Under that slouch hat, however, was a Avell 
 balanced head, and out of that sunburnt face 
 peered two bright and intelligent eyes, while 
 that sore mouth revealed lines of character 
 
152 
 
 which on close inspection imi)ressed one that 
 the bo3' had something in liim more than a 
 hasty glance at his shabby appearance would 
 suggest. 
 
 "You see," said the father, "when we came 
 down the Humboldt the river was very high. 
 It overflowed its banks and water covered the 
 loAV land from three to four feet deep and in 
 some places for more than a mile wide. The 
 snake-like course of the channel was outlined 
 by willows that then lined its banks. Except 
 fbr these and an occasional patch of tules or 
 bulbrushes that rose above tlie flood, the Hum- 
 boldt bottom was one unbroken sea of water. 
 The soil in that country contains a great deal 
 of alkali, and this in turn impregnates the 
 water. Occasionally Ave crossed a small tribu- 
 tary stream which came in from the neighbor- 
 ing hills, the water of which was comparatively 
 fresh, but these were so few and far between 
 that most of the time the only water available 
 for man or l)east Avas that of the sluggish river. 
 This was not very palatable at best, but when 
 taken from the main channel where the current 
 
153 
 
 was strongest, it could be used without being 
 boiled. It became necessary, therefore, to se- 
 lect our camping places where the river in its 
 meanderings left the center of the great over- 
 flowed bottom land and cut against the higher 
 ground, so the current could be reached with- 
 out wading. It was at such a place we turned 
 out one day for our noon rest. The oxen were 
 unhitched from the wagons and with their 
 yokes on were turned loose to drink and graze, 
 AA'hile the men and women and children partook 
 of their midday meal. At this particular point 
 the bank was about six inches above the water. 
 Most of the cattle managed, by kneeling, to 
 drink without accident, but, whether from a 
 cave or not I cannot say, those leaders somehow 
 slipped off into the river. Several men were 
 standing near, and at once the cry went up that 
 the oxen were lost. 
 
 "The Humboldt when high is a very treacher- 
 ous stream, by reason of its numerous whirl- 
 pools, eddies and under currents, caused by the 
 frequent sharp curves in the channel. The 
 captain of the company knew its dangerous 
 
154 
 
 cliaracter and had forbidden auy one from 
 bathing in it. 
 
 "When the cattle slipped off the bank they at 
 once went entirely under the water, but in a 
 moment they came to the surface and, swim- 
 ming with the current, which was quite strong 
 at this point, they soon passed around the bend 
 and out of sight. 
 
 "When the alarm was given Joe came running 
 to the river, and seeing what had happened 
 excitedly asked why some one did not jump in 
 and save those oxen? 
 
 "'I wouldn't jump into that river for forty 
 yoke of oxen,' remarked one of the men. 
 
 "'Neither would I,' said another. 
 
 "'No, it would be suicidal,' put in a third. 
 
 "As for me," continued the father, "I cannot 
 swim at all, so it was out of the question for 
 me to try to do anything. 
 
 "Joe listened a moment to the comments, and 
 then without saying a word he ran a little to 
 one side and began hurriedly to take off his 
 clothes. By this time his mother was coming 
 from the camp, and on seeing what he was 
 
155 
 
 doiu^' she hastened her pace and began to cry 
 out : 
 
 '"Stop that boy, stop that boy, I say ! Don't 
 let him go in that river! Do yon hear, stop 
 him!' 
 
 "The anxiety and fear depicted in her counte- 
 nance was agonizing. She was frantic as a 
 mother only can be who sees her offspring 
 going to what she believes is certain death. 
 
 "But she was too late. I did not know the 
 boy could swim a stroke, and was only aroused 
 to a suspicion of his intentions by the alarming 
 cry of his mother. I then made an attempt to 
 reach him, but he slipped from my grasp, and 
 pulling off his shirt, the only remaining gar- 
 ment, he jumped head first into the swirling, 
 turbulent stream. Coming to the surface he 
 stnick off in the wake of the cattle and like the 
 latter was soon around the bend and out of 
 sight. And do you know, the loss of the oxen 
 seemed at that moment as nothing, for I felt 
 that we would never see our boy again. His 
 mother wrung her hands in agonizing grief, the 
 other children who had come up in the mean- 
 
156 
 
 time joined in the weeping, other women shed 
 tears out of sympathy, while strong men stood 
 looking at one another in silence, having no 
 words to express their feelings. 
 
 " Finally, to relieve the awful situation, I called 
 out, 'Oh, Joe,' at the top of my voice, thinking 
 if he heard me that he would answer back, but 
 there was no response. He did hear me as he 
 informed us afterwards, but at that moment he 
 had come up to the cattle and was too busy in 
 freeing them from a watery grave to think of or 
 care for anything else. 
 
 "After rounding the bend the river flowed back 
 in almost the opposite direction from its course 
 where the cattle went off, and in turning for the 
 shore towards the camp, which the desperate 
 creatures naturally did in a little while, they 
 were trying to land on what was really the op- 
 posite side of the river. 
 
 "The boy could tell from the wet willows 
 where they left the channel, and he followed 
 this sign. When only the top of the bnish was 
 out of water they could swim over it, but as the 
 water became more shallow the willows natur- 
 
157 
 
 ally stood out higher and stnnigei', and Ijefore 
 the poor creatures reached a point in their ef- 
 forts to land where they could touch bottom, 
 their progress was barred by the strength of the 
 willow stalks that pressed in front of the yoke. 
 "When Joe came up to them their noses and 
 faces w^ere just above the surface, and, though 
 l)reathing hard and putting the water from their 
 nostrils in a desperate struggle for life, they 
 could neitlier go forward nor liackward. The.y 
 were in a desperate situation and there the.y 
 would certainly have drowned had it not been 
 for that boy. He had to get the yoke off be- 
 fore they could go forward, and having only 
 one hand free to w^ork with, since he reijuired 
 the other to keep himself above the water, this 
 was a difficult and tedious task. The first ox, 
 he says, was released without much trouble, 
 but immediately the strong ^A'illows that had 
 been bent forward under the strain, straight- 
 ened up and pressed the yoke back against the 
 side of the other ox, and so twisted the bow on 
 his neck that it became almost impossible to 
 work it up sufficiently to loosen the key. Pa- 
 
158 
 tience, however, finally rewarded his efforts, 
 and in time, — it seemed a long time to us — we 
 Avere overjoyed to see him api^ear with the 
 cattle behind the brush on the opposite bank. 
 They were standing in about four feet of water, 
 l)ut they were alive, the boy and the oxen, and 
 oh, how happy were we at Avhat we felt was 
 their miraculous deliverance. For the moment 
 I was so overjoyed that I begged the boy to 
 swim across and leave the cattle. But he 
 seemed indifferent to my impatience and an- 
 swered back that he guessed he had better 
 bring the cattle with him, as we might need 
 them to get us to California. He drove the 
 tired, dripping animals to where the river over- 
 flowed its banks on l)oth sides so they would be 
 sure of a landing place, and then, starting them 
 into the stream he swam below to make sure 
 they did not drift with the current and miss the 
 point where he knew they could get out with 
 safety. As soon as the cattle were across he 
 turned and swam back. 
 
 "'What are you doing? Where are you go- 
 ing y ' several of us asked. 
 
159 
 
 "I never will forget how he turned jihnost nn 
 his back as he pushed away from us through 
 that turbulent stream, and in a tone expressive 
 of as much indifference as though he were 
 taking a plunge for pleasure, answered back 
 that he was going after the yoke. We implored 
 him to let the yoke go, but he evidently had 
 made up his mind what to do and we were 
 powerless to prevent him. It developed that 
 he had dragged the yoke through the water to 
 the opposite bank of the river and left it float- 
 ing where there was no current, while he came 
 across with the cattle. He was not long, there- 
 fore, in reaching it, and as he emerged from the 
 brush, dragging after him the article without 
 which he knew the oxen woukl be of little ser- 
 vice, with one hand, and supporting himself 
 above the water with the other, we again begged 
 of him not to jeopardize his life by trying to 
 save something which relatively seemed to be 
 of little consecpience. Our entreaties had no 
 effect. He seemed determined to finish his 
 self-assumed task in his own way. For while 
 we were begging and beseeching, like the people 
 
160 
 
 at a hanging who are usnally mnch more ex- 
 cited than the chief performer, he pushed out 
 into the stream, and holding to the yoke, which 
 floated below him, Avith the right hand, he pad- 
 dled with his left and came slowly l)ut safely 
 across the river. 
 
 "His mother, whose tears of anguish were 
 now turned to tears of joy, tried to catch him to 
 caress him, but he slipped from her attempted 
 embrace, and grabbing u]) his clothes, ran into 
 the tules to dress. 
 
 "And do you know, stranger," continued the 
 father in a voice expressive of some emotion, 
 "without those cattle I do not know how we 
 would have gotten through to California. On 
 the forty-mile desert, between the sink of the 
 Humboldt and the Carson Eiver, the sand is 
 very deep and dry and hot, and at times it 
 seemed as though three yoke of oxen were not 
 going to be able to pull us through. I have 
 often thought that if those cattle had drowned 
 in the Humboldt Eiver, some of us would have 
 left our bones to bleach on the Humboldt 
 desert. 
 
161 
 
 "Where did he learn to swim, do you say? 
 That's what I asked him, and he answered, 
 anywhere he could find water that was deep 
 enough. He tells me also that very often after 
 going in swimming he would sit in the sun 
 until his hair was dry and then comb it out 
 with his fingers for fear I would find it out. I 
 shall encourage my smaller boys to learn to 
 swim." 
 
 PUBLISHED BY THE AUTHOR. 
 
OEC 23 \903 
 
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