C. acted for the prosecution. Neither of them, however, was a lawyer.

The evidence against the prisoner was, that he had no money previously, that he had slept at the Empire a night or two before, and that he knew where Mr. B. was in the habit of keeping his gold-dust, with a few other circ.u.mstances equally unimportant. His only defense was, of course, to account for the money, which he tried to do by the following ingenious story.

He said that his father, who resides at Stockholm,--he is a Swede,--had sent him, two months previously, five hundred dollars through the express, which had been brought to him from San Francis...o...b.. a young man whose name is Miller; that he told no one of the circ.u.mstance, but buried the money (a common habit with the miner) on the summit of a hill about half a mile from Indian Bar; that, being intoxicated on Sunday morning, he had dug it up for the purpose of gambling with it; and that Mr. M., who had gone to Marysville a week before, and would return in a fortnight, could confirm his story. When asked if he had received a letter with the money, he replied that he did, but, having placed it between the lining and the top of his cap, he had unfortunately lost it. He earnestly affirmed his innocence, and, through his counsel, entreated the court, should he be condemned, to defer the execution of his sentence until the arrival of Miller, by whom he could prove all that he had stated. Notwithstanding the florid eloquence of W., the jury brought in a verdict of guilty, and condemned him to receive thirty-nine lashes at nine o'clock the following morning, and to leave the river, never to return to it, within twenty-four hours; a claim, of which he owned a part, to be made over to Mr. B. to indemnify him for his loss. His punishment was very light, on account of his previous popularity and inoffensive conduct. In spite of his really ingenious defense, no one has the least doubt of his guilt but his lawyer and the Squire. They as firmly believe him an innocent and much-injured man.

Yesterday morning I made my visit to Smith's Bar. In order to reach it, it was necessary to cross the river, on a bridge formed of two logs, to Missouri Bar. This flat, which has been worked but very little, has a path leading across it, a quarter of a mile in length. It contains but two or three huts, no very extensive diggings having as yet been discovered upon it. About in the middle of it, and close to the side of the trail, is situated a burial-spot, where not only its dead repose, but those who die on Indian Bar are also brought for interment. On arriving at the termination of the level, another log bridge leads to Smith's Bar, which, although it lies upon the same side of the river as our settlement, is seldom approached, as I before observed, except by crossing to Missouri Bar and back again from that to Smith's. The hills rise so perpendicularly between this latter and Indian Bar that it is utterly impossible for a woman to follow on the trail along their side, and it is no child's-play for even the most hardy mountaineer to do it.

This level (Smith's Bar) is large and quite thickly settled. More gold has been taken from it than from any other settlement on the river.

Although the scenery here is not so strikingly picturesque as that surrounding my new home, it is perhaps infinitely more lovely, and certainly more desirable as a place of residence, than the latter, because the sun shines upon it all winter, and we can take long walks about it in many directions. Now, Indian Bar is so completely covered with excavations and tenements that it is utterly impossible to promenade upon it at all. Whenever I wish for exercise, I am _compelled_ to cross the river, which, of course, I cannot do without company, and as the latter is not always procurable (F.'s profession calling him much from home), I am obliged to stay indoors more than I like, or is conducive to my health.

A short but steep ascent from Smith's Bar leads you to another bench, as miners call it, almost as large as itself, which is covered with trees and gra.s.s, and is a most lovely place. From here one has a charming view of a tiny bar called Frenchman's. It is a most sunny little spot, covered with the freshest greensward, and nestling lovingly, like a petted darling, in the embracing curve of a crescent-shaped hill opposite. It looks more like some sheltered nook amid the blue mountains of New England than anything I have ever yet seen in California. Formerly there was a deer-lick upon it, and I am told that on every dewy morning or starlit evening you might see a herd of pretty creatures gathering in antlered beauty about its margin. Now, however, they are seldom met with, the advent of gold-hunting humanity having driven them far up into the hills.

The man who keeps the store at which we stopped (a log cabin without any floor) goes by the sobriquet of "Yank," and is quite a character in his way. He used to be a peddler in the States, and is remarkable for an intense ambition to be thought what the Yankees call "cute and smart,"--an ambition which his true and good heart will never permit him to achieve. He is a great friend of mine (I am always interested in that bizarre mixture of shrewdness and simplicity of which he is a distinguished specimen), and takes me largely into his confidence as to the various ways he has of _doing_ green miners,--all the merest delusion on his part, you understand, for he is the most honest of G.o.d's creatures, and would not, I verily believe, cheat a man out of a grain of golden sand to save his own harmless and inoffensive life. He is popularly supposed to be smitten with the charms of the "Indiana girl," but I confess I doubt it, for Yank himself informed me, confidentially, that, "though a very superior and splendid woman, she had no _polish_"!

He is an indefatigable "snapper-up of unconsidered trifles," and his store is the most comical olla podrida of heterogeneous merchandise that I ever saw. There is nothing you can ask for but what he has,--from crowbars down to cambric-needles; from velveteen trousers up to broadcloth coats of the jauntiest description. The _quality_ of his goods, it must be confessed, is sometimes rather equivocal. His collection of novels is by far the largest, the greasiest, and the "yellowest-kivered" of any to be found on the river. I will give you an instance of the variety of his possessions.

I wanted some sealing-wax to mend a broken chess-piece, having by some strange carelessness left the box containing mine in Marysville. I inquired everywhere for it, but always got laughed at for supposing that any one would be so absurd as to bring such an article into the mountains. As a forlorn hope, I applied to Yank. Of course he had plenty! The best of it is, that, whenever he produces any of these out-of-the-way things, he always says that he brought them from the States, which proves that he had a remarkable degree of foresight when he left his home three years ago.

While I sat chatting with Yank I heard some one singing loudly, and apparently very gayly, a negro melody, and, the next moment, who should enter but Little John, who had been whipped, according to sentence, three hours previously. As soon as he saw me he burst into tears, and exclaimed,--

"Oh! Mrs. ----, a heartless mob has beaten me cruelly, has taken all my money from me, and has decreed that I, who am an innocent man, should leave the mountains without a cent of money to a.s.sist me on my way!"

The latter part of his speech, as I afterwards discovered, was _certainly_ a lie, for he knew that a sum amply sufficient to pay his expenses to Marysville had been subscribed by the very people who believed him guilty. Of course his complaints were extremely painful to me. You know how weakly pitiful I always am towards wicked people; for it seems to me that they are so much more to be compa.s.sionated than the good.

But what _could_ I say to poor John? I did not for one moment doubt his entire guilt, and so, as people often do on such occasions, I took refuge in a plat.i.tude.

"Well, John," I sagely remarked, "I hope that you did not take the money. And only think how much happier you are in that case, than if you had been beaten and abused as you say you have, and at the same time were a criminal!"

I must confess, much as it tells against my eloquence, that John did not receive my well-meant attempt at consolation with that pious grat.i.tude which such an injured innocent ought to have exhibited, but, F. luckily calling me at that moment, I was spared any more of his tearful complaints.

Soon after our return to the cabin, John's lawyer and the Squire called upon us. They declared their perfect conviction of his innocence, and the latter remarked that if any one would accompany him he would walk up to the spot and examine the hole from whence the culprit affirmed that he had taken his money only three days ago, as he very naturally supposed that it would still exhibit signs of having been recently opened. It was finally agreed that the victim, who had never described the place to the Squire, should give a minute description of it, unheard by His Honor, to F., and afterwards should lead the former, accompanied by his counsel, (no one else could be persuaded to make such martyrs of themselves,) to the much-talked-of spot. And, will you believe it, M.? those two obstinate men actually persevered, although it was nearly dark, and a very cold, raw, windy night, in walking half a mile up one of the steepest hills on what the rest thought a perfect fool's errand! To be sure, they have triumphed for the moment, for the Squire's description, on their return, tallied exactly with that previously given to F. But, alas! the infidels remained infidels still.

Then W. bet an oyster-supper for the whole party, which F. took up, that Miller, on his return, would confirm his client's statement. For fear of accidents, we had the oysters that night, and very nice they were, I a.s.sure you. This morning the hero of the last three days vanished to parts unknown. And thus endeth the Squire's first attempt to sit in judgment in a criminal case. I regret his failure very much, as do many others. Whether any one else could have succeeded better, I cannot say. But I am sure that no person could more sincerely _desire_ and _try_ to act for the best good of the community than the Squire.

I suppose that I should be as firm a believer in John's innocence as any one, had he not said to F. and others that if he had taken the money they could not _prove_ it against him, and many other similar things, which seem to me totally incompatible with innocence.

LETTER _the_ TENTH

[_The_ PIONEER, _November_, 1854]

AMATEUR MINING--HAIRBREADTH 'SCAPES, &C.

SYNOPSIS

Three dollars and twenty-five cents in gold-dust. Sorry she learned the trade. The resulting losses and suffering. Secret of the brilliant successes of former gold-washeresses. Salting the ground by miners in order to deceive their fair visitors. Erroneous ideas of richness of auriferous dirt resulting therefrom. Rarity of lucky strikes. Claim yielding ten dollars a day considered valuable. Consternation and near-disaster in the author's cabin. Trunk of forest giant rolls down hill. Force broken by rock near cabin. Terror of careless woodman.

Another narrow escape at Smith's Bar. Pursuit and escape of woodman.

Two sudden deaths at Indian Bar. Inquest in the open. Cosmopolitan gathering thereat. Wife of one of the deceased an advanced bloomer.

Animadversions on strong-minded bloomers seeking their rights.

California pheasant, gallina del campo of the Spaniards. Pines and dies in captivity. Smart, harmless earthquake-shocks.

Letter _the_ Tenth

AMATEUR MINING-HAIRBREADTH 'SCAPES, &C.

_From our Log Cabin_, INDIAN BAR,

_November_ 25, 1851.

Nothing of importance has happened since I last wrote you, except that I have become a _mineress_, that is, if the having washed a pan of dirt with my own hands, and procured therefrom three dollars and twenty-five cents in gold-dust, which I shall inclose in this letter, will ent.i.tle me to the name. I can truly say, with the blacksmith's apprentice at the close of his first day's work at the anvil, that I am sorry I learned the trade, for I wet my feet, tore my dress, spoilt a pair of new gloves, nearly froze my fingers, got an awful headache, took cold, and lost a valuable breastpin, in this my labor of love. After such melancholy self-sacrifice on my part, I trust you will duly prize my gift. I can a.s.sure you that it is the last golden handiwork you will ever receive from Dame Shirley.

Apropos of lady gold-washers in general, it is a common habit with people residing in towns in the vicinity of the diggings to make up pleasure-parties to those places. Each woman of the company will exhibit, on her return, at least twenty dollars of the oro, which she will gravely inform you she has just panned out from a single basinful of the soil. This, of course, gives strangers a very erroneous idea of the average richness of auriferous dirt. I myself thought (now, don't laugh) that one had but to saunter gracefully along romantic streamlets on sunny afternoons, with a parasol and white kid gloves perhaps, and to stop now and then to admire the scenery, and carelessly rinse out a small panful of yellow sand (without detriment to the white kids, however, so easy did I fancy the whole process to be), in order to fill one's work-bag with the most beautiful and rare specimens of the precious mineral. Since I have been here I have discovered my mistake, and also the secret of the brilliant success of former gold-washeresses.

The miners are in the habit of flattering the vanity of their fair visitors by scattering a handful of "salt" (which, strange to say, is _exactly_ the color of gold-dust, and has the remarkable property of often bringing to light very curious lumps of the ore) through the dirt before the dainty fingers touch it, and the dear creatures go home with their treasures, firmly believing that mining is the prettiest pastime in the world.

I had no idea of permitting such a costly joke to be played upon me; so I said but little of my desire to "go through the motions" of gold-washing, until one day, when, as I pa.s.sed a deep hole in which several men were at work, my companion requested the owner to fill a small pan, which I had in my hand, with dirt from the bed-rock. This request was, of course, granted, and the treasure having been conveyed to the edge of the river, I succeeded, after much awkward maneuvering on my own part, and considerable a.s.sistance from friend H., an experienced miner, in gathering together the above-specified sum. All the diggers of our acquaintance say that it is an excellent "prospect,"

even to come from the bed-rock, where, naturally, the richest dirt is found. To be sure, there are, now and then, "lucky strikes," such, for instance, as that mentioned in a former letter, where a person took out of a single basinful of soil two hundred and fifty-six dollars. But such luck is as rare as the winning of a hundred-thousand-dollar prize in a lottery. We are acquainted with many here whose gains have _never_ amounted to much more than wages, that is, from six to eight dollars a day. And a claim which yields a man a steady income of ten dollars _per diem_ is considered as very valuable.

I received an immense fright the other morning. I was sitting by the fire, quietly reading "Lewis Arundel," which had just fallen into my hands, when a great shout and trampling of feet outside attracted my attention. Naturally enough, my first impulse was to run to the door, but scarcely had I risen to my feet for that purpose, when a mighty crash against the side of the cabin, shaking it to the foundation, threw me suddenly upon my knees. So violent was the shock that for a moment I thought the staunch old logs, mossed with the pale verdure of ages, were falling in confusion around me. As soon as I could collect my scattered senses, I looked about to see what had happened. Several stones had fallen from the back of the chimney, mortar from the latter covered the hearth, the cloth overhead was twisted into the funniest possible wrinkles, the couch had jumped two feet from the side of the house, the little table lay on its back, holding up _four_ legs instead of _one_, the chessmen were rolling merrily about in every direction, the dishes had all left their usual places, the door, which, ever since, has obstinately refused to let itself be shut, was thrown violently open, while an odd-looking pile of articles lay in the middle of the room, which, upon investigation, was found to consist of a pail, a broom, a bell, some candlesticks, a pack of cards, a loaf of bread, a pair of boots, a bunch of cigars, and some clay pipes (the only things, by the way, rendered utterly _hors de combat_ in the a.s.sault). But one piece of furniture retained its att.i.tude, and that was the elephantine bedstead, which nothing short of an earthquake could move. Almost at the same moment several acquaintances rushed in, begging me not to be alarmed, as the danger was past.

"But what has happened?" I eagerly inquired.

"O, a large tree, which was felled this morning, has rolled down from the brow of the hill." And its having struck a rock a few feet from the house, losing thereby the most of its force, had alone saved us from utter destruction.

I grew sick with terror when I understood the awful fate from which Providence had preserved me, and even now my heart leaps painfully with mingled fear and grat.i.tude when I think how closely that pale death-shadow glided by me, and of the loving care which forbade it to linger upon our threshold.

Every one who saw the forest giant descending the hill with the force of a mighty torrent expected to see the cabin instantly prostrated to the earth. As it was, they all say that it swayed from the perpendicular more than six inches.

Poor W., whom you may remember my having mentioned in a former letter as having had a leg amputated a few weeks ago, and who was visiting us at the time, (he had been brought from the Empire in a rocking-chair,) looked like a marble statue of resignation. He possesses a face of uncommon beauty, and his large, dark eyes have always, I fancy, a sorrowful expression. Although he knew from the first shout what was about to happen, and was sitting on the couch which stood at that side of the cabin where the log must necessarily strike, and in his mutilated condition had, as he has since said, not the faintest hope of escape, yet the rich color for which he is remarkable paled not a shade during the whole affair.

The woodman who came so near causing a catastrophe was, I believe, infinitely more frightened than his might-have-been victims. He is a good-natured, stupid creature, and did not dare to descend the hill until some time after the excitement had subsided. The ludicrous expression of terror which his countenance wore when he came in to see what damage had been done, and to ask pardon for his carelessness, made us all laugh heartily.

W. related the almost miraculous escape of two persons from a similar danger last winter. The cabin, which was on Smith's Bar, was crushed into a ma.s.s of ruins almost in an instant, while an old man and his daughter, who were at dinner within its walls, remained sitting in the midst of the fallen logs, entirely unhurt. The father immediately seized a gun and ran after the careless woodman, swearing that he would shoot him. Fortunately for the latter (for there is no doubt that in the first moments of his rage the old man would have slain him), his younger legs enabled him to make his escape, and he did not dare to return to the settlement for some days.

It has heretofore been a source of great interest to me to listen to the ringing sound of the ax, and the solemn crash of those majestic sentinels of the hills as they bow their green foreheads to the dust, but now I fear that I shall always hear them with a feeling of apprehension mingling with my former awe, although every one tells us that there is no danger of a repet.i.tion of the accident.

Last week there was a post-mortem examination of two men who died very suddenly in the neighborhood. Perhaps it will sound rather barbarous when I tell you that as there was no building upon the Bar which admitted light enough for the purpose, it was found necessary to conduct the examination in the open air, to the intense interest of the Kanakas, Indians, French, Spanish, English, Irish, and Yankees, who had gathered eagerly about the spot. Paganini Ned, with an anxious desire that Mrs. ---- should be _amused_ as much as possible in her mountain-home, rushed up from the kitchen, his dusky face radiant with excitement, to inform me that I could see both the bodies by just looking out of the window! I really frightened the poor fellow by the abrupt and vehement manner in which I declined taking advantage of his kindly hint.

One of the deceased was the husband of an American lady lecturess of the most intense description; and a strong-minded bloomer on the broadest principles.

Apropos, how _can_ women, many of whom, I am told, are _really_ interesting and intelligent,--how _can_ they spoil their pretty mouths and ruin their beautiful complexions by demanding with Xanthippian _fervor_, in the presence, often, of a vulgar, irreverent mob, what the gentle creatures are pleased to call their "rights"? How _can_ they wish to soil the delicate texture of their airy fancies by pondering over the wearying stupidities of Presidential elections, or the bewildering mystifications of rabid metaphysicians? And, above all, how _can_ they so far forget the sweet, shy coquetries of shrinking womanhood as to don those horrid bloomers? As for me, although a _wife_, I never wear the--well, you know what they call them when they wish to quiz henpecked husbands--even in the strictest privacy of life.

I confess to an almost religious veneration for trailing drapery, and I pin my vestural faith with unflinching obstinacy to sweeping petticoats.