"Because he and Gasbang bought it from Hogsden, who located a claim there after you abandoned the place."

The trick was infamous. George and Gabriel saw through it. There was nothing to do but to bring a suit in ejectment to get rid of them, but in the meantime they would hold possession (perhaps for years), and that was what they wanted, to get the property into litigation.

Gabriel went to state the matter to the lawyer who had attended to Mr.

Mechlin's law business, and he corroborated their opinion, that there was no other course to pursue but to file a complaint in ejectment to dispossess the thieves.

"Is there no quicker way to obtain redress?" George asked.

"No, sir," the lawyer answered; "as the deed is done by Peter Roper and John Gasbang, the Judge will decide in their favor, and you will have to appeal."

"But this is atrocious," Mr. Lawrence Mechlin said; "Do you mean to say that people's houses can be taken like that in this country?"

"Not generally; but Peter Roper might, if there is the ghost of a pretext, and if there is a dishonest servant, like Hogsden, left in charge, who will steal and help to steal; then, you see, the thing is easy enough, as long as the Judge befriends trespassers. But the Supreme Court will put things to right again. That is to say, if the Judge's findings are not a string of falsehoods which will utterly mislead the Supreme Court."

This property, Mr. Mechlin had repeatedly said, he intended should be a homestead for his wife, so the suit in ejectment was brought in her name. She at the same time filing a petition for a homestead before the Probate Court, and asking that Gabriel Alamar be appointed administrator of her husband's estate.

All this would, of course, involve the property in tedious legal proceedings, there being the probate matters, beside the suit in ejectment to litigate in the District Court. The attorney employed in the case advised George to have a deed executed by Dona Josefa, conveying the property to Mrs. Mechlin, as it had been agreed before the death of their husbands that it should be done. Dona Josefa cheerfully assented, remembering that Don Mariano had said to her:

"If I should die before I get my land patented, the first thing you must do is to make a conveyance of his place to Mr. Mechlin."

The shock caused by his father's death when that of Don Mariano was yet so recent, acted most injuriously upon George's health. It made him feverish, inflaming his wound again very painfully, as the ball had never been extracted; now it chafed the wound, and gave him as much pain as before.

Mrs. Mechlin, Dona Josefa and Mercedes were also in their beds, suffering with nervous prostration and night fevers. It seemed impossible that people could be more bereaved and disheartened than these ladies, and yet exist. Mr. Lawrence Mechlin saw that George must have skillful medical attendance without delay, and wanted his own doctor to take him under his care. So he and Gabriel arranged all business and other matters in order that George should go East. It was heart-rending to Elvira-the mere thought of leaving her mother and sister sick, and all the family in such distress-but she must go with her husband. Gabriel would attend to the lawsuits. He had powers of attorney from George and Mrs. Mechlin, and was the administrator.

The answer to Mrs. Mechlin's complaint was a masterpiece of unblushing effrontery that plainly showed it had originated in a brain where brazen falsehoods and other indecencies thrived like water-reptiles growing huge and luxuriating in slimy swamps. The characteristic document ran in the following manner:

_In the District Court of the -- of the County of San Diego, State of California._

_Beatrice Mechlin_, _Plaintiff_,

_v._

_Peter Roper_, _John Gasbang_, and _Charles Hogsden_, _Defendants_.

And now come the defendants, Peter Roper, John Gasbang and Charles Hogsden, and for answer to plaintiff's complaint, on file herein, they and each of them say:

That they deny that in the year of 1873, or at any other time before or after that date, James Mechlin was owner of the premises described in this complaint; deny that the said James Mechlin ever purchased from William Mathews the aforesaid property or any part thereof, or paid any money or any other valuable consideration; deny that the said Mechlin ever built a house, or planted trees, or resided on the said property himself, with his family, or by agent or servant occupied said premises; deny that respondent, Charles Hogsden, was ever put in charge of the aforesaid premises or any part thereof, as the agent, or servant, or tenant of the said James Mechlin; deny that the said James Mechlin ever was in the possession of the said premises, but on the contrary, these defendants allege that if James Mechlin had any kind of possession, it was as a naked trespasser, and his title to said property was at all times disputed and contested by other parties.

These defendants allege that defendant Charles Hogsden was the rightful owner of the said premises; that defendants Peter Roper and John Gasbang are the innocent purchasers of the legal and equitable title, and are now in actual and lawful possession of the said premises, having paid a just and fair price to the rightful owner, Charles Hogsden.

These defendants further allege, that the plaintiff Beatrice Mechlin wrongfully, unlawfully, fraudulently and maliciously, and for the purpose of cheating and defrauding the aforesaid innocent purchasers, Peter Roper and John Gasbang, out of their rights in said property, entered into a fraudulent conspiracy with one Josefa Alamar and one Gabriel Alamar, wherein it was agreed by and between them that said Josefa Alamar, as executrix of the estate of Mariano Alamar, and purporting to carry out the wishes and instructions of her deceased husband, the said Mariano Alamar, would execute a deed of sale or a confirmatory deed of said property.

And these defendants aver, that in pursuance of the fraudulent conspiracy aforesaid, the said Josefa did execute a fraudulent deed of sale to the said Beatrice Mechlin, for the purpose of cheating and defrauding these innocent purchasers, etc.

This string of prevarications ran on for about twenty pages more, repeating, _ad nauseam_, the same falsehoods with all legal alliteration and more than legal license.

Gabriel was left to attend this suit and other matters, and with grief, which was too profound for description and too heart-rending almost for human endurance, the two loving families separated.

Elvira must leave her beloved mother in her sad bereavement; Lizzie must see hers go to perform the painful duty of accompanying the remains of a beloved husband.

In sorrow and silent tears the Alamar family returned to their country house the day after the Mechlins left.

Mrs. Mechlin's suit in ejectment against the "_innocent_ purchasers,"

Peter and John, was, as a matter of course, decided in favor of these _innocents_ of Judge Gryllus Lawlack. The Judge knew, as well as any one else, that the allegations of these men were brazen falsehoods strung together for the purpose of robbery. Nevertheless, his Honor Lawlack made his rulings, and set down his findings, all to suit the robbers.

Among the findings that his Honor had the hardihood to write down, were these: That "James Mechlin had never possessed the premises in question; had never lived there in person or by proxy, and had never made any improvements, etc." And these premeditated falsehoods went to the Supreme Court. The case was, of course, reversed and remanded for new trial, but with additional misstatements it was _again_ decided by Judge Lawlack in favor of his friends. Thus, in fact, the Supreme Court was _reversed by Judge Gryllus Lawlack_. The case was the second time remanded by the Supreme Court, but in a new trial it was _again_ decided in favor of Peter and John. This being the same as "reversing the Supreme Court," but Lawlack laughs at this, saying that the Supreme Court decides according to their opinions, and he (Lawlack) does the same.

As for Peter Roper, he made no concealment of there being a _private bargain_ between himself and Judge Gryllus Lawlack. Peter to render political or other services, Gryllus to reward them with judicial ones.

At a political meeting a friend of Roper (a lawyer in the pay of the monopoly), urged him to make a speech in favor of the railroad. Peter declined, saying that as Gryllus Lawlack wanted to run again for the Judgeship, and knew how anti-monopolist San Diego County was, it would hurt the Judge politically to have him (Peter Roper) speak for the monopoly, as everybody knew that he (Peter) was the principal support of the Judge, and exponent of his principles.

"And," concluded Peter, "if I speak for the monopoly the Judge will grant a rehearing in a suit I am opposing, and will not decide my case as I want. That is understood between us."

This is the fashion of dispensing justice in San Diego, just as Peter bargains for.

But this order of things (or rather disorder) could not have been possible if the Texas Pacific Railroad had not been strangled, as San Diego would not then be the poor, crippled and dwarfed little city that she now is. In this unfortunate condition it is that she submits to the scandalous debaucheries of judicial favorites; debaucheries and violations of common justice, social decorum, of individual rights; debaucheries tolerated because the local power sanctions with his encouragement such proceedings.

If San Diego had been permitted to grow, to have a population, her administration of the laws would have been in other hands, and outrages like breaking into the Mechlin house could not have occurred. The voters of the county would not then have elected a Judge that could reward such vandalism, by allowing the thieves to keep the stolen premises. Now, however, without a railroad, San Diego is at the bottom of a bag, the mouth of which Mr. Huntington has closed and drawn the strings tight.

CHAPTER XXXVI.-_Clarence and George with the Hod-carrier._

The lawsuits forced upon the Mechlins, to resist the fraudulent claims trumped up by Roper and Gasbang, obliged Gabriel to delay returning to his place at the San Francisco bank. It was very painful to leave his mother and Mercedes still so sick and depressed, but they themselves urged him to go, fearing that his place would be given to another, and now, when their pecuniary circumstances were so embarrassed, he could ill afford to lose his position. But he did, for as the bank could not wait for him longer, they took some one else instead. He wished to spare his family the regret of knowing this, and tried to get anything to do to earn a living. Thus he began that agony endured by so many young men of good families and education, trying to find employment to support themselves decently. Gabriel found the task most difficult. He was dignified and diffident, and could not be too pressing. He was persevering and patient and willing to work, but he dreaded to seem importunate, and never urged his services upon any one. But he tried everything, every means he could think of or Lizzie suggest to him. At times he would find some writing to do, either copying or translating English or Spanish, but this did not give him permanent employment, and between one job and another Lizzie's jewelry had to be sold for their daily expenses. They gave up the nice little cottage they had had before, and took two small rooms at the house of a widow lady who kept a few boarders. Their living was simple, indeed; but their landlady was kind and courteous and obliging, and her house clean and very respectable. Thus many months went by.

George and Elvira and Caroline wrote to them, constantly telling them how and where they were. Now they were in Germany, as Mr. Mechlin's physician advised George to try some German baths in which he had great faith. His faith was justified in George's case, for he began to improve rapidly before he had been taking the baths a month, and he was confident of regaining his health perfectly. This was cheerful news, and Lizzie felt great reluctance in writing to George how unsuccessful Gabriel had been, thus perhaps checking his recovery by making him again despondent; for it was a noted fact, well recognized by the two families, that misfortunes made them all more or less physically ill.

The winter of 1876 now set in, and Gabriel thought he must make up his mind to find some manual labor, and by that means perhaps get permanent occupation; but here other obstacles, no less insuperable, confronted him. He had had no training to fit him to be a mechanic, and what could he do? He did not know, and yet his family must be supported. He had not been able to send to his mother any money, as his scant earnings were inadequate to support his wife and babies. There was now another little girl to provide for-a little darling, eight months old. Poor people are bound to have children.

About this time he got a letter from Victoriano, telling him how his miserable legs had failed him again, giving out in the midst of his plowing. Everett had come to help him plow up a fifty-acre piece of land he had intended to put in wheat, but lo! before he had plowed two acres, his legs seemed to disappear from under him as if the very Old Nick had unscrewed his knees and carried them off. Tano added: "And here I am, a perfect gentleman from my knees up, but a mean chicken, a ridiculous turkey, a kangaroo, from my knees down; and this, too, when we can so ill afford to have me lying in a sick-bed, perfectly useless. If land was not so valueless now, we might perhaps be able to sell some, although the price would have to be very low, on account of the delay in getting our patent and its being mortgaged; but as all hopes in the Texas Pacific are dead, land sales are dead, too, and we might as well all be dead, for as we have nothing but land to get a living from, and that is dead, you can draw the inference. However, don't worry about us; for the present, we are getting along very well. Several of the cattle lost in the mountains have come and keep coming, and Everett puts our '_venta_' brand on, and pays mamma, on Clarence's account, cash down for them. To-day he paid mamma three hundred dollars, and he says he heard that more cattle are on the way here."

Gabriel was very glad that his mother and sisters would have this little pittance at least, but he was much alarmed and anxious about Victoriano, and hastened to tell Lizzie he thought they ought to go home.

"I am truly sorry for poor Tano. Really, my sweet husband, you must let me write to George, telling him our circumstances. He can and will help us, and we might go back to the rancho."

"No, don't write to him about that yet. I'll try to get money enough to take us home. If Tano is sick, I certainly should be there. If he was trying to plow, I think I can do that, too. Yes, I ought to have stayed at home and worked in our orchard, and we would not have suffered the distress of mind at my repeated failures. As soon as I make money enough to pay the board bill I owe and have enough left to pay our fare to San Diego, we'll go home. Don't write to George to help me, I don't like that. I can work and help myself."

"Forgive me, my darling," said Lizzie, blushing crimson; "I have already written to George. I told him I was going to persuade you to go home. I wrote him a month ago. I expect his answer very soon." Seeing that Gabriel also blushed, Lizzie added: "I am sorry if I offended you."

"You have not offended me. I blushed because I, too, have been keeping a secret from you, thinking you might not approve of it, or feel humiliated."

"What is it, pray?"

"I have been trying to learn a trade."

"A trade! What trade, for gracious sake?"

"A very respectable one. That of a mason."