to them; and you often write to them, of course.”
His eyes glistened, and I saw pearl-like dew-drops
gathering in them; his thoughts were carried over
the mountains to his old home. “Ah, my
good friend,” I added “how their hearts
must rejoice to hear from you.” Then, after
a short pause, I remarked, “What is the case
against your prisoner? He, too, perhaps, may have
a mother and sister in the East, thinking of him as
your mother and sister do of you, and wondering when
he will come back. For God’s sake remember
this.” The heart of the good man responded
in a voice which, even to this day—now
nearly twenty-seven years past—sounds like
a delicious melody in my ears: “I will
do so.” Passing from him I went to the
other jurors, and, finding they were about to go back
to the trial, I exclaimed, “Don’t be in
a hurry, gentlemen, let us take another glass.”
They again acceded to my request, and seeing that they
were a little mellowed by their indulgence, I ventured
to speak about the trial. I told them that the
courts of the state were organized, and there was
no necessity or justification now for Lynch juries;
that the prisoner appeared to be without friends,
and I appealed to them, as men of large hearts, to
think how they would feel if they were accused of
crime where they had no counsel and no friends.
“Better send him, gentlemen, to Marysville for
trial, and keep your own hands free from stain.”
A pause ensued; their hearts were softened; and, fortunately,
a man going to Marysville with a wagon coming up at
this moment, I prevailed upon them to put the prisoner
in his charge to be taken there. The owner of
the wagon consenting, they swore him to take the prisoner
to that place and deliver him over to the sheriff;
and to make sure that he would keep the oath, I handed
him a “slug,” a local coin of octagonal
form of the value of fifty dollars, issued at that
time by assayers in San Francisco. We soon afterwards
separated. As I moved away on my horse my head
swam a little, but my heart was joyous. Of all
things which I can recall of the past, this is one
of the most pleasant. I believe I saved the prisoner’s
life; for in those days there was seldom any escape
for a person tried by a Lynch jury.
The expenses of the election were very great.
It was difficult to interest the miners in it; most
of them had come to the country in the hope of improving
their fortunes in one or two years, and then returning
to “the States.” It was, therefore,
a matter of little moment to them who were chosen
members of the coming Legislature. Party lines
were not regarded among them, and party questions could
not draw many of them from their labors. As I
was an independent candidate, not supported by any
party, I had to bear the whole expenses of the campaign.
How great those expenses were may be imagined from
the following bill, one of a large number sent to me
after the election. I had told the saloon-keepers
in the vicinity of the polling places in the different
precincts to be liberally disposed towards my friends
on the day of election. They took me literally
at my word, as this bill from the keeper of a saloon
where the polls were opened in Downieville precinct
will show: