Forty-one Thieves: A Tale of California by Angelo Hall (best desktop ebook reader .txt) 📕

It is a beautiful spot, on the road to Milroy. In former times a church stood in the middle of the grounds, and the stern old Presbyterian forefathers marched to meeting with muskets on their shoulders, for the country was infested with Indians. The swift stream at the foot of the hill, now supplying power for a grist-mill, was full of salmon that ran up through the Kishacoquillas from the blue Juniata. The savages begrudged the settlers these fish and the game that abounded in the rough mountains; but the settlers had come to cultivate the rich land extending for twelve miles between the mountain walls.

The form of many a Californian now rests in that cemetery on the hill. A few years after the burial of the murdered Cummins, the body of Henry Francis was gathered to his fathers, and, near by, lie the bodies of four of his brothers,—all Californians. The staid Amish farmers and their subdued women, in outlandish, Puritanical garb, pass along the road unstirred by the romance and glamour buried in those graves. Dead men tell no tales! Else there were no need that pen of mine should snatch from oblivion this tale of California.

More than thirty-five years have passed since my father, returning from the scene of Cummins' murder, related the circumstances. With Mat Bailey, the stage-driver, with whom Cummins had traveled that fatal day, he had ridden over the same road, had passed the large stump which had concealed the robbers, and had become almost an eye-witness of the whole affair. My father's rehearsal of it fired my youthful imagination. So it was like a return to the scenes of boyhood when, thirty-six years after the event, I, too, traveled the same road that Cummins had traveled and heard from the lips of Pete Sherwood, stage-driver of a later generation, the same thrilling story. The stump by the roadside had so far decayed as to have fallen over; but it needed little imagination to picture the whole tragedy. In Sacramento I looked up the files of the Daily Record Union, which on Sept. 3, 1879, two days after the event, gave a brief account of it. There was newspaper enterprise for you! An atrocious crime reported in a neighboring city two days afterward! Were such things too common to excite interest? Or was it felt that the recital of them did not tend to boom the great State of California?

On that fateful first of September, 1879, the stage left Graniteville, as usual, at six o'clock in the morning. Graniteville, in Eureka Township, Nevada County, is the Eureka South of early days. The stage still makes the daily trip over the mountains; but the glamour and romance of the gold fields have long since departed. On the morning mentioned traffic was light, for people did not travel the twenty-eight miles through heat and dust to Nevada City for pleasure. Too often it was a case of running the gauntlet from the gold fields to the railroad terminus and safety.

This very morning, Charley Chu, who had thrown up his job as mender of ditches, was making a dash for San Francisco, with five hundred dollars in dust and a pistol at his belt. The other passengers were Dr. John Mason and Mamie Slocum, teacher. Mamie, rosy-cheeked, dark-eyed, and pretty, was only seventeen, and ought to have been at home with her mother. She was a romantic girl, however, with several beaux in Eureka Township; and now that the summer session of school was over, she was going home to Nevada City, where there were other conquests to be made.

Dr. Mason, a tall, lean Scotchman, lived at North Bloomfield, only nine miles distant, whence he had been summoned to attend a case of delirium tremens. The sparkling water of the Sierras is pure and cold, but the gold of the Sierras buys stronger drink. With a fee of two double eagles in his pocket, the doctor could look with charity upon the foibles of human nature. He thoroughly enjoyed the early morning ride among the giant pines. In the open places manzanita ran riot, its waxy green leaves contrasting with the dust-laden asters and coarse grasses by the roadside. Across the cañon of the Middle Yuba the yellow earth of old man Palmer's diggings shone like a trademark in the landscape, proclaiming to the least initiated the leading industry of Sierra and Nevada Counties, and marking for the geologist the height of the ancient river beds, twenty-five hundred feet above the Middle Yuba and nearly at right angles to it. Those ancient river beds were strewn with gold. Looking in the other direction, one caught glimpses here and there of the back-bone of the Sierras, jagged dolomites rising ten thousand feet skyward. The morning air was stimulating, for at night the thermometer drops to the forties even in midsummer. In a ditch by the roadside, and swift as a mill-race, flowed a stream of clear cold water, brought for miles from reservoirs up in the mountains.

Even Charley Chu, now that he was leaving the gold fields forever, regarded the water-ditch with affection. It brought life—sparkling, abundant life—to these arid hill-tops. Years ago, Charley Chu and numerous other Chinamen had dug this very ditch. What would California have been without Chinese labor? Industrious Chinamen built the railroad over the Sierras to the East and civilization. Doctor, girl and Chinaman were too much occupied with their own thoughts to take much notice of the stage-driver, who, though he assumed an air of carelessness, was, in reality, on the watch for spies and robbers. For the bankers at Moore's Flat, a few miles further on, were planning to smuggle several thousand dollars' worth of gold dust to Nevada City that morning. Mat Bailey was a brave fellow, but he preferred the old days of armed guards and hard fighting to these dubious days when stage-drivers went unarmed to avoid the suspicion of carrying treasure. Charley Chu with his pistol had the right idea; and yet that very pistol might queer things to-day.

Over this road for twenty-five years treasure to the amount of many millions of dollars had been carried out of the mountains; and Mat could have told you many thrilling tales of highwaymen. A short distance beyond Moore's Flat was Bloody Run, a rendezvous of Mexican bandits, back in the fifties. Not many years since, in the cañon of the South Yuba, Steve Venard, with his repeating rifle, had surprised and killed three men who had robbed the Wells Fargo Express. Some people hinted that when Steve hunted up the thieves and shot them in one, two, three order, he simply betrayed his own confederates. But the express company gave him a handsome rifle and a generous share of the gold recovered; I prefer to believe that Steve was an honest man.

The stage arrived at Moore's Flat, and Mat Bailey hurriedly transferred baggage and passengers to the gaily painted and picturesque stage-coach which, drawn by four strong horses, was to continue the journey. A pair of horses and a mountain wagon had handled the traffic to that point; but at the present time, when Moore's Flat can boast but eleven inhabitants, the transfer to the stage-coach is made at North Bloomfield, several miles further on. But in 1879, Moore's Flat, Eureka Township, was a thriving place, employing hundreds of miners. The great sluices, blasted deep into solid rock, then ran with the wash from high walls of dirt and gravel played upon by streams of water in the process known as hydraulic mining. Jack Vizzard, the watchman, threaded those sluiceways armed with a shot-gun.

At Moore's Flat, six men and two women boarded the stage; and Mat Bailey took in charge a small leather valise, smuggled out of the back door of the bank and handed to him carelessly. Mat received it without the flicker of an eyelash. Nevertheless, he scrutinized the eight new passengers, with apparent indifference but with unerring judgment. All except two, a man and a woman, were personally known to him. And these excited less suspicion than two well-known gamblers, who greeted Mat cordially.

"It hurts business, Mat, to ship so much dust out of the country," said one.

"Damn shame," said the other.

Mat paid no attention to these remarks, pretending to be busy with the baggage. Quite accidentally he lifted an old valise belonging to Will Cummins, who, dressed in a long linen duster, had just boarded the stage. Cummins exchanged glances with the driver, and luckily, as Mat thought, the gamblers seemed to take no notice.

Will Cummins had been in the gold regions twenty-five years. He had already made and lost one small fortune, and now at the age of forty-five, with all his available worldly goods, some seven thousand dollars in bullion, he was homeward bound to Reedsville, Pennsylvania. In the full vigor of manhood, he was a Californian of the highest type. He had always stood for law and order, and was much beloved by decent people. By the other sort it was well understood that Will Cummins was a good shot, and would fight to a finish. He was a man of medium height, possessed of clear gray eyes and an open countenance. The outlines of a six-shooter were clearly discernible under his duster.

In a cloud of dust, to the clink of horse-shoes, the stage rolled out of Moore's Flat, and was soon in the dark woods of Bloody Run.

"Good morning, Mr. Cummins."

It was the school-teacher who spoke; and Cummins, susceptible to feminine charms, bowed graciously.

"Do you know, Mr. Cummins, it always gives me the shivers to pass through these woods. So many dreadful things have happened here."

"Why, yes," answered Cummins, good-naturedly. "It was along here somewhere, I think, that the darkey, George Washington, was captured."

"Tell me about it," said Mamie.

"Oh, George was violently opposed to Chinese cheap labor; so he made it his business to rob Chinamen. But the Chinamen caught him, tied his hands and feet, slung him on a pole like so much pork and started him for Moore's Flat, taking pains to bump him against every stump and boulder en route."

Charley Chu was grinning in pleasant reverie. Mamie laughed.

"But the funny thing in this little episode," continued Cummins, "was the defense set up by George Washington's lawyer. There was no doubt that George was guilty of highway robbery. He had been caught red-handed, and ten Chinamen were prepared to testify to the fact. But counsel argued that by the laws of the State a white man could not be convicted on the testimony of Chinamen; and that, within the meaning of the statute, in view of recent amendments to the Constitution of the United States, George was a white man. The judge ruled that the point was well taken;