In Nevada, for a time, the lawyer, the editor, the banker, the chief desperado, the chief gambler, and the saloon keeper, occupied the same level in society, and it was the highest. The cheapest and easiest way to become an influential man and be looked up to by the community at large, was to stand behind a bar, wear a cl.u.s.ter-diamond pin, and sell whisky. I am not sure but that the saloon-keeper held a shade higher rank than any other member of society. His opinion had weight. It was his privilege to say how the elections should go. No great movement could succeed without the countenance and direction of the saloon- keepers. It was a high favor when the chief saloon-keeper consented to serve in the legislature or the board of aldermen.
Youthful ambition hardly aspired so much to the honors of the law, or the army and navy as to the dignity of proprietorship in a saloon.
To be a saloon-keeper and kill a man was to be ill.u.s.trious. Hence the reader will not be surprised to learn that more than one man was killed in Nevada under hardly the pretext of provocation, so impatient was the slayer to achieve reputation and throw off the galling sense of being held in indifferent repute by his a.s.sociates. I knew two youths who tried to "kill their men" for no other reason-and got killed themselves for their pains. "There goes the man that killed Bill Adams" was higher praise and a sweeter sound in the ears of this sort of people than any other speech that admiring lips could utter.
The men who murdered Virginia"s original twenty-six cemetery-occupants were never punished. Why? Because Alfred the Great, when he invented trial by jury and knew that he had admirably framed it to secure justice in his age of the world, was not aware that in the nineteenth century the condition of things would be so entirely changed that unless he rose from the grave and altered the jury plan to meet the emergency, it would prove the most ingenious and infallible agency for defeating justice that human wisdom could contrive. For how could he imagine that we simpletons would go on using his jury plan after circ.u.mstances had stripped it of its usefulness, any more than he could imagine that we would go on using his candle-clock after we had invented chronometers? In his day news could not travel fast, and hence he could easily find a jury of honest, intelligent men who had not heard of the case they were called to try-but in our day of telegraphs and newspapers his plan compels us to swear in juries composed of fools and rascals, because the system rigidly excludes honest men and men of brains.
I remember one of those sorrowful farces, in Virginia, which we call a jury trial. A noted desperado killed Mr. B., a good citizen, in the most wanton and cold-blooded way. Of course the papers were full of it, and all men capable of reading, read about it. And of course all men not deaf and dumb and idiotic, talked about it. A jury-list was made out, and Mr. B. L., a prominent banker and a valued citizen, was questioned precisely as he would have been questioned in any court in America: "Have you heard of this homicide?"
"Yes."
"Have you held conversations upon the subject?"
"Yes."
"Have you formed or expressed opinions about it?"
"Yes."
"Have you read the newspaper accounts of it?"
"Yes."
"We do not want you."
A minister, intelligent, esteemed, and greatly respected; a merchant of high character and known probity; a mining superintendent of intelligence and unblemished reputation; a quartz mill owner of excellent standing, were all questioned in the same way, and all set aside. Each said the public talk and the newspaper reports had not so biased his mind but that sworn testimony would overthrow his previously formed opinions and enable him to render a verdict without prejudice and in accordance with the facts. But of course such men could not be trusted with the case. Ignoramuses alone could mete out unsullied justice.
When the peremptory challenges were all exhausted, a jury of twelve men was impaneled-a jury who swore they had neither heard, read, talked about nor expressed an opinion concerning a murder which the very cattle in the corrals, the Indians in the sage-brush and the stones in the streets were cognizant of! It was a jury composed of two desperadoes, two low beer-house politicians, three bar-keepers, two ranchmen who could not read, and three dull, stupid, human donkeys! It actually came out afterward, that one of these latter thought that incest and arson were the same thing.
The verdict rendered by this jury was, Not Guilty. What else could one expect?
The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury. It is a shame that we must continue to use a worthless system because it was good a thousand years ago. In this age, when a gentleman of high social standing, intelligence and probity, swears that testimony given under solemn oath will outweigh, with him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who will swear to their own ignorance and stupidity, and justice would be far safer in his hands than in theirs. Why could not the jury law be so altered as to give men of brains and honesty and equal chance with fools and miscreants? Is it right to show the present favoritism to one cla.s.s of men and inflict a disability on another, in a land whose boast is that all its citizens are free and equal? I am a candidate for the legislature. I desire to tamper with the jury law. I wish to so alter it as to put a premium on intelligence and character, and close the jury box against idiots, blacklegs, and people who do not read newspapers. But no doubt I shall be defeated-every effort I make to save the country "misses fire."
My idea, when I began this chapter, was to say something about desperadoism in the "flush times" of Nevada. To attempt a portrayal of that era and that land, and leave out the blood and carnage, would be like portraying Mormondom and leaving out polygamy. The desperado stalked the streets with a swagger graded according to the number of his homicides, and a nod of recognition from him was sufficient to make a humble admirer happy for the rest of the day. The deference that was paid to a desperado of wide reputation, and who "kept his private graveyard," as the phrase went, was marked, and cheerfully accorded. When he moved along the sidewalk in his excessively long-tailed frock- coat, shiny stump-toed boots, and with dainty little slouch hat tipped over left eye, the small-fry roughs made room for his majesty; when he entered the restaurant, the waiters deserted bankers and merchants to overwhelm him with obsequious service; when he shouldered his way to a bar, the shouldered parties wheeled indignantly, recognized him, and-apologized.
They got a look in return that froze their marrow, and by that time a curled and breast-pinned bar keeper was beaming over the counter, proud of the established acquaintanceship that permitted such a familiar form of speech as: "How"re ye, Billy, old fel? Glad to see you. What"ll you take-the old thing?"
The "old thing" meant his customary drink, of course.
The best known names in the Territory of Nevada were those belonging to these long-tailed heroes of the revolver. Orators, Governors, capitalists and leaders of the legislature enjoyed a degree of fame, but it seemed local and meagre when contrasted with the fame of such men as Sam Brown, Jack Williams, Billy Mulligan, Farmer Pease, Sugarfoot Mike, Pock Marked Jake, El Dorado Johnny, Jack McNabb, Joe McGee, Jack Harris, Six-fingered Pete, etc., etc. There was a long list of them. They were brave, reckless men, and traveled with their lives in their hands. To give them their due, they did their killing princ.i.p.ally among themselves, and seldom molested peaceable citizens, for they considered it small credit to add to their trophies so cheap a bauble as the death of a man who was "not on the shoot," as they phrased it. They killed each other on slight provocation, and hoped and expected to be killed themselves-for they held it almost shame to die otherwise than "with their boots on," as they expressed it.
I remember an instance of a desperado"s contempt for such small game as a private citizen"s life. I was taking a late supper in a restaurant one night, with two reporters and a little printer named-Brown, for instance-any name will do. Presently a stranger with a long-tailed coat on came in, and not noticing Brown"s hat, which was lying in a chair, sat down on it. Little Brown sprang up and became abusive in a moment. The stranger smiled, smoothed out the hat, and offered it to Brown with profuse apologies couched in caustic sarcasm, and begged Brown not to destroy him. Brown threw off his coat and challenged the man to fight-abused him, threatened him, impeached his courage, and urged and even implored him to fight; and in the meantime the smiling stranger placed himself under our protection in mock distress. But presently he a.s.sumed a serious tone, and said: "Very well, gentlemen, if we must fight, we must, I suppose. But don"t rush into danger and then say I gave you no warning. I am more than a match for all of you when I get started. I will give you proofs, and then if my friend here still insists, I will try to accommodate him."
The table we were sitting at was about five feet long, and unusually c.u.mbersome and heavy. He asked us to put our hands on the dishes and hold them in their places a moment-one of them was a large oval dish with a portly roast on it. Then he sat down, tilted up one end of the table, set two of the legs on his knees, took the end of the table between his teeth, took his hands away, and pulled down with his teeth till the table came up to a level position, dishes and all! He said he could lift a keg of nails with his teeth. He picked up a common gla.s.s tumbler and bit a semi-circle out of it. Then he opened his bosom and showed us a net-work of knife and bullet scars; showed us more on his arms and face, and said he believed he had bullets enough in his body to make a pig of lead. He was armed to the teeth. He closed with the remark that he was Mr.--of Cariboo-a celebrated name whereat we shook in our shoes. I would publish the name, but for the suspicion that he might come and carve me. He finally inquired if Brown still thirsted for blood. Brown turned the thing over in his mind a moment, and then-asked him to supper.
With the permission of the reader, I will group together, in the next chapter, some samples of life in our small mountain village in the old days of desperadoism. I was there at the time. The reader will observe peculiarities in our official society; and he will observe also, an instance of how, in new countries, murders breed murders.
CHAPTER XLIX.
An extract or two from the newspapers of the day will furnish a photograph that can need no embellishment: FATAL SHOOTING AFFRAY.-An affray occurred, last evening, in a billiard saloon on C street, between Deputy Marshal Jack Williams and Wm. Brown, which resulted in the immediate death of the latter. There had been some difficulty between the parties for several months.
An inquest was immediately held, and the following testimony adduced: Officer GEO. BIRDSALL, sworn, says:-I was told Wm. Brown was drunk and was looking for Jack Williams; so soon as I heard that I started for the parties to prevent a collision; went into the billiard saloon; saw Billy Brown running around, saying if anybody had anything against him to show cause; he was talking in a boisterous manner, and officer Perry took him to the other end of the room to talk to him; Brown came back to me; remarked to me that he thought he was as good as anybody, and knew how to take care of himself; he pa.s.sed by me and went to the bar; don"t know whether he drank or not; Williams was at the end of the billiard-table, next to the stairway; Brown, after going to the bar, came back and said he was as good as any man in the world; he had then walked out to the end of the first billiard-table from the bar; I moved closer to them, supposing there would be a fight; as Brown drew his pistol I caught hold of it; he had fired one shot at Williams; don"t know the effect of it; caught hold of him with one hand, and took hold of the pistol and turned it up; think he fired once after I caught hold of the pistol; I wrenched the pistol from him; walked to the end of the billiard-table and told a party that I had Brown"s pistol, and to stop shooting; I think four shots were fired in all; after walking out, Mr. Foster remarked that Brown was shot dead.
Oh, there was no excitement about it-he merely "remarked" the small circ.u.mstance!
Four months later the following item appeared in the same paper (the Enterprise). In this item the name of one of the city officers above referred to (Deputy Marshal Jack Williams) occurs again: ROBBERY AND DESPERATE AFFRAY.-On Tuesday night, a German named Charles Hurtzal, engineer in a mill at Silver City, came to this place, and visited the hurdy-gurdy house on B street. The music, dancing and Teutonic maidens awakened memories of Faderland until our German friend was carried away with rapture. He evidently had money, and was spending if freely. Late in the evening Jack Williams and Andy Blessington invited him down stairs to take a cup of coffee. Williams proposed a game of cards and went up stairs to procure a deck, but not finding any returned. On the stairway he met the German, and drawing his pistol knocked him down and rifled his pockets of some seventy dollars. Hurtzal dared give no alarm, as he was told, with a pistol at his head, if he made any noise or exposed them, they would blow his brains out. So effectually was he frightened that he made no complaint, until his friends forced him. Yesterday a warrant was issued, but the culprits had disappeared.
This efficient city officer, Jack Williams, had the common reputation of being a burglar, a highwayman and a desperado. It was said that he had several times drawn his revolver and levied money contributions on citizens at dead of night in the public streets of Virginia.
Five months after the above item appeared, Williams was a.s.sa.s.sinated while sitting at a card table one night; a gun was thrust through the crack of the door and Williams dropped from his chair riddled with b.a.l.l.s. It was said, at the time, that Williams had been for some time aware that a party of his own sort (desperadoes) had sworn away his life; and it was generally believed among the people that Williams"s friends and enemies would make the a.s.sa.s.sination memorable-and useful, too-by a wholesale destruction of each other.
It did not so happen, but still, times were not dull during the next twenty-four hours, for within that time a woman was killed by a pistol shot, a man was brained with a slung shot, and a man named Reeder was also disposed of permanently. Some matters in the Enterprise account of the killing of Reeder are worth nothing-especially the accommodating complaisance of a Virginia justice of the peace. The italics in the following narrative are mine: MORE CUTTING AND SHOOTING.-The devil seems to have again broken loose in our town. Pistols and guns explode and knives gleam in our streets as in early times. When there has been a long season of quiet, people are slow to wet their hands in blood; but once blood is spilled, cutting and shooting come easy. Night before last Jack Williams was a.s.sa.s.sinated, and yesterday forenoon we had more b.l.o.o.d.y work, growing out of the killing of Williams, and on the same street in which he met his death. It appears that Tom Reeder, a friend of Williams, and George Gumbert were talking, at the meat market of the latter, about the killing of Williams the previous night, when Reeder said it was a most cowardly act to shoot a man in such a way, giving him "no show." Gumbert said that Williams had "as good a show as he gave Billy Brown," meaning the man killed by Williams last March. Reeder said it was a d--d lie, that Williams had no show at all. At this, Gumbert drew a knife and stabbed Reeder, cutting him in two places in the back. One stroke of the knife cut into the sleeve of Reeder"s coat and pa.s.sed downward in a slanting direction through his clothing, and entered his body at the small of the back; another blow struck more squarely, and made a much more dangerous wound. Gumbert gave himself up to the officers of justice, and was shortly after discharged by Justice Atwill, on his own recognizance, to appear for trial at six o"clock in the evening. In the meantime Reeder had been taken into the office of Dr. Owens, where his wounds were properly dressed. One of his wounds was considered quite dangerous, and it was thought by many that it would prove fatal. But being considerably under the influence of liquor, Reeder did not feel his wounds as he otherwise would, and he got up and went into the street. He went to the meat market and renewed his quarrel with Gumbert, threatening his life. Friends tried to interfere to put a stop to the quarrel and get the parties away from each other. In the Fashion Saloon Reeder made threats against the life of Gumbert, saying he would kill him, and it is said that he requested the officers not to arrest Gumbert, as he intended to kill him. After these threats Gumbert went off and procured a double- barreled shot gun, loaded with buck-shot or revolver b.a.l.l.s, and went after Reeder. Two or three persons were a.s.sisting him along the street, trying to get him home, and had him just in front of the store of Klopstock & Harris, when Gumbert came across toward him from the opposite side of the street with his gun. He came up within about ten or fifteen feet of Reeder, and called out to those with him to "look out! get out of the way!" and they had only time to heed the warning, when he fired. Reeder was at the time attempting to screen himself behind a large cask, which stood against the awning post of Klopstock & Harris"s store, but some of the b.a.l.l.s took effect in the lower part of his breast, and he reeled around forward and fell in front of the cask. Gumbert then raised his gun and fired the second barrel, which missed Reeder and entered the ground. At the time that this occurred, there were a great many persons on the street in the vicinity, and a number of them called out to Gumbert, when they saw him raise his gun, to "hold on," and "don"t shoot!" The cutting took place about ten o"clock and the shooting about twelve. After the shooting the street was instantly crowded with the inhabitants of that part of the town, some appearing much excited and laughing-declaring that it looked like the "good old times of "60." Marshal Perry and officer Birdsall were near when the shooting occurred, and Gumbert was immediately arrested and his gun taken from him, when he was marched off to jail. Many persons who were attracted to the spot where this b.l.o.o.d.y work had just taken place, looked bewildered and seemed to be asking themselves what was to happen next, appearing in doubt as to whether the killing mania had reached its climax, or whether we were to turn in and have a grand killing spell, shooting whoever might have given us offence. It was whispered around that it was not all over yet-five or six more were to be killed before night. Reeder was taken to the Virginia City Hotel, and doctors called in to examine his wounds. They found that two or three b.a.l.l.s had entered his right side; one of them appeared to have pa.s.sed through the substance of the lungs, while another pa.s.sed into the liver. Two b.a.l.l.s were also found to have struck one of his legs. As some of the b.a.l.l.s struck the cask, the wounds in Reeder"s leg were probably from these, glancing downwards, though they might have been caused by the second shot fired. After being shot, Reeder said when he got on his feet-smiling as he spoke-"It will take better shooting than that to kill me." The doctors consider it almost impossible for him to recover, but as he has an excellent const.i.tution he may survive, notwithstanding the number and dangerous character of the wounds he has received. The town appears to be perfectly quiet at present, as though the late stormy times had cleared our moral atmosphere; but who can tell in what quarter clouds are lowering or plots ripening?
Reeder-or at least what was left of him-survived his wounds two days! Nothing was ever done with Gumbert.
Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate. Not less than a hundred men have been murdered in Nevada-perhaps I would be within bounds if I said three hundred-and as far as I can learn, only two persons have suffered the death penalty there. However, four or five who had no money and no political influence have been punished by imprisonment-one languished in prison as much as eight months, I think. However, I do not desire to be extravagant-it may have been less.
However, one prophecy was verified, at any rate. It was a.s.serted by the desperadoes that one of their brethren (Joe McGee, a special policeman) was known to be the conspirator chosen by lot to a.s.sa.s.sinate Williams; and they also a.s.serted that doom had been p.r.o.nounced against McGee, and that he would be a.s.sa.s.sinated in exactly the same manner that had been adopted for the destruction of Williams-a prophecy which came true a year later. After twelve months of distress (for McGee saw a fancied a.s.sa.s.sin in every man that approached him), he made the last of many efforts to get out of the country unwatched. He went to Carson and sat down in a saloon to wait for the stage-it would leave at four in the morning. But as the night waned and the crowd thinned, he grew uneasy, and told the bar-keeper that a.s.sa.s.sins were on his track. The bar-keeper told him to stay in the middle of the room, then, and not go near the door, or the window by the stove. But a fatal fascination seduced him to the neighborhood of the stove every now and then, and repeatedly the bar- keeper brought him back to the middle of the room and warned him to remain there. But he could not. At three in the morning he again returned to the stove and sat down by a stranger. Before the bar-keeper could get to him with another warning whisper, some one outside fired through the window and riddled McGee"s breast with slugs, killing him almost instantly. By the same discharge the stranger at McGee"s side also received attentions which proved fatal in the course of two or three days.
CHAPTER L.
These murder and jury statistics remind me of a certain very extraordinary trial and execution of twenty years ago; it is a sc.r.a.p of history familiar to all old Californians, and worthy to be known by other peoples of the earth that love simple, straightforward justice unenc.u.mbered with nonsense. I would apologize for this digression but for the fact that the information I am about to offer is apology enough in itself. And since I digress constantly anyhow, perhaps it is as well to eschew apologies altogether and thus prevent their growing irksome.
Capt. Ned Blakely-that name will answer as well as any other fict.i.tious one (for he was still with the living at last accounts, and may not desire to be famous)-sailed ships out of the harbor of San Francisco for many years. He was a stalwart, warm-hearted, eagle-eyed veteran, who had been a sailor nearly fifty years-a sailor from early boyhood. He was a rough, honest creature, full of pluck, and just as full of hard-headed simplicity, too. He hated trifling conventionalities-"business" was the word, with him. He had all a sailor"s vindictiveness against the quips and quirks of the law, and steadfastly believed that the first and last aim and object of the law and lawyers was to defeat justice.
He sailed for the Chincha Islands in command of a guano ship. He had a fine crew, but his negro mate was his pet-on him he had for years lavished his admiration and esteem. It was Capt. Ned"s first voyage to the Chinchas, but his fame had gone before him-the fame of being a man who would fight at the dropping of a handkerchief, when imposed upon, and would stand no nonsense. It was a fame well earned. Arrived in the islands, he found that the staple of conversation was the exploits of one Bill Noakes, a bully, the mate of a trading ship. This man had created a small reign of terror there. At nine o"clock at night, Capt. Ned, all alone, was pacing his deck in the starlight. A form ascended the side, and approached him. Capt. Ned said: "Who goes there?"
"I"m Bill Noakes, the best man in the islands."
"What do you want aboard this ship?"
"I"ve heard of Capt. Ned Blakely, and one of us is a better man than "tother-I"ll know which, before I go ash.o.r.e."
"You"ve come to the right shop-I"m your man. I"ll learn you to come aboard this ship without an invite."
He seized Noakes, backed him against the mainmast, pounded his face to a pulp, and then threw him overboard.
Noakes was not convinced. He returned the next night, got the pulp renewed, and went overboard head first, as before.
He was satisfied.
A week after this, while Noakes was carousing with a sailor crowd on sh.o.r.e, at noonday, Capt. Ned"s colored mate came along, and Noakes tried to pick a quarrel with him. The negro evaded the trap, and tried to get away. Noakes followed him up; the negro began to run; Noakes fired on him with a revolver and killed him. Half a dozen sea-captains witnessed the whole affair. Noakes retreated to the small after-cabin of his ship, with two other bullies, and gave out that death would be the portion of any man that intruded there. There was no attempt made to follow the villains; there was no disposition to do it, and indeed very little thought of such an enterprise. There were no courts and no officers; there was no government; the islands belonged to Peru, and Peru was far away; she had no official representative on the ground; and neither had any other nation.
However, Capt. Ned was not perplexing his head about such things. They concerned him not. He was boiling with rage and furious for justice. At nine o"clock at night he loaded a double-barreled gun with slugs, fished out a pair of handcuffs, got a ship"s lantern, summoned his quartermaster, and went ash.o.r.e. He said: "Do you see that ship there at the dock?"
"Ay-ay, sir."
"It"s the Venus."
"Ay-ay, sir."
"You-you know me."
"Ay-ay, sir."
"Very well, then. Take the lantern. Carry it just under your chin. I"ll walk behind you and rest this gun-barrel on your shoulder, p"inting forward-so. Keep your lantern well up so"s I can see things ahead of you good. I"m going to march in on Noakes-and take him-and jug the other chaps. If you flinch-well, you know me."
"Ay-ay, sir."
In this order they filed aboard softly, arrived at Noakes"s den, the quartermaster pushed the door open, and the lantern revealed the three desperadoes sitting on the floor. Capt. Ned said: