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

from her parents, he had seen her as often as he could, and had, he was sure, acted the part of a chivalrous gentleman. He had referred to his jail record in such a magnanimous way as to win her admiration and sympathy. And he had been magnanimous toward Cummins. He had stoutly maintained that even gentlemen of the road are men of honor, incapable of petty meanness, merely taking by force from some money-shark what was rightfully theirs by virtue of their being gentlemen. Therefore, he argued, no self-respecting highwayman would rob a man like Will Cummins—the merest hint that property belonged to him would be sufficient to protect it. He had waxed eloquent over the matter.

He was now appalled to think how his argument, though insincere, had been refuted. That Mamie had spoken those fatal words was not a ruse of his but an inexplicable accident. How could he ever see the girl again? And yet, in this one respect he was innocent, and he wished she might know it. Besides, he was man enough to sympathize with her in her awful predicament. With what horror she must be thinking of her part in the tragedy! There was considerable generosity in his nature, and he actually debated, criminal though he was, whether he might not better let Darcy keep the loot and stand by Mamie.

The girl or the gold? Is it surprising that the decision of J. C. P. Collins was similar to that of other Californians? Similar to Cummins', for example? He decided to make sure of the gold first and to think about the girl later. With six or eight thousand dollars in the bank he would be a more valuable friend than a poor man could be. After this affair had blown over, and he recalled the fact that Doc Mason had performed eleven autopsies on murdered men in the last ten years, and not one murderer had been hanged so far,—he would rescue Mamie from the demoralization of the gold fields and take her to live in St. Louis or New Orleans. And now he saw with some satisfaction that her apparent complicity in the crime would make life hard for her in Nevada City and impel her to accept such a proposal.

It might have been just as well if the rattlesnake coiled in his path at that moment had ended his existence, but the snake was indeed an honorable highwayman, and sounded a gentlemanly warning in the nick of time. Collins would have killed it for its pains, but killing had upset his nerves that day. So he left the reptile to try its fangs on a better man. Besides, he reflected that he could not consistently advocate capital punishment, and he sincerely hoped that his humane sentiments would spread in California. He recalled the fact that there was a strong party among the good people of the State, represented by several ladies who had brought him bouquets and jellies when he was in jail, who were trying to abolish capital punishment. Judging from Doc Mason's experience in murder cases, the efforts of these good people were not called for. And yet the law as it stood had unpleasant possibilities for Collins.

He was really sorry about Cummins. Of course, Cummins was a fool. A man of such character would not miss a few thousand dollars in the long run. What a fool he had been to risk his life! Of course, he, Collins, had risked his life, too. But how different were the two cases! Cummins had rich friends who would help him; Collins had no friends, barring a few silly women. His long suit was women. He really regretted Cummins' death more on Mamie's account than for any other reason.

Poor Mamie! But it must be the gold and not the girl this trip. When he had invested his capital and made his pile, he would play the prince to his Cinderella. They would both be glad to flee this country. Bah! the very soil was red! Golden blossoms sprung from it, but the roots were fed with blood. Collins was a young fellow, by no means a hardened criminal, and the excitement of the day stimulated intellect and emotion like the drug of a Chinaman.

He reached Dutch Flat in due season, and found several old cronies at the railroad station, where people were discussing the death of Cummins. He succeeded in showing the due amount of interest and no more, and was diplomatic enough not to suggest that the murderers were now on their way to San Francisco. He took the train going East according to schedule, and found Darcy playing poker in the smoking car. Collins betook himself to his pipe at the other end of the car, glad that night had come, and that he would soon bid farewell to the Sierras. He felt the train swing round the horse-shoe curve through Blue Cañon, and shortly afterward he noticed that they had entered the snow sheds, which for forty-five miles tunnel the snow drifts of winter, and which in summer lie like a huge serpent across the summit of the mountains. Once out of the sheds they would speed down the valley from Truckee into Nevada.

The fugitives were well over the line before they took any notice of each other. Except for themselves the smoker was now empty, and they had prepared to spend the night there like honest miners who were down on their luck.

Collins remarked in an undertone:

"Darcy, we have given them the royal sneak."

"Know what I've been thinking?" replied Darcy. "I've been thinking of that wise remark of Ben Franklin's when he signed the Declaration of Independence."

"What was that?"

"We've got to hang together or we'll hang separately."

"That's no joke."

"You bet your soul it's no joke. And you'd better shut up and go to sleep."

Silence for ten minutes. Then Collins said,

"You're a tough nut to talk about sleep when you've killed the best man in Nevada County."

"Where would you be, J. C. P. Collins, if I hadn't killed him? You'd be in hell this minute."

"Thanks, awfully. But I wish the man wasn't dead."

"What did the fool put up a fight for? He could see we had him."

"That's what I say. He was a fool to risk his life. He could see there was no help coming from those sports."

"Well, Collins, there was one of them that made me feel nervous—that Chinaman. But the rest of them had him corralled. Mat Bailey couldn't do nothing up there in the air. Cummins was a fool, that's all."

"Must have wanted his gold pretty bad. And I wish to God he had it right now."

"Here, take a nip of brandy. Your health's getting delicate."

"Well, partner, no harm meant. But I must say I sympathize with Cummins. He and I have made the same choice to-day."

"How's that?"

"The girl or the gold—and we both chose the gold. And I'll be hanged if I don't think we were both right."

CHAPTER IV A Council of War

Six days had elapsed. It was evening, and in the large room over Haggerty's store at Moore's Flat the lamps had been lighted. Here ten members of the Keystone Club had gathered to see if something might not be done to avenge the death of Cummins. Henry Francis presided; but the meeting was informal. These men had not met to pass resolutions, but to decide upon some line of action. So far not a trace of the murderers had been found, except for their discarded clothing. Sheriff Carter's blood-hounds had followed a hot scent to Deer Creek, several miles above Nevada City, and the posse who followed the dogs were led to a pool, in the bottom of which, weighted with stones, was the clothing. Further than this the dogs could not go. They were soon sneezing as the result of inhaling red pepper, scattered on the rocks. And the robbers had probably waded up or down stream to insure complete safety.

Several suspicious characters had passed over the railroad to Sacramento and San Francisco; but this was an every-day occurrence, and the police had learned the futility of arresting men who were probably innocent miners pursuing the gay life.

Nothing thus far had been accomplished. Hence the meeting over Haggerty's store. Dr. Mason and Mat Bailey were present. The doctor came because of a sense of civic duty. His British sense of justice had been outraged beyond endurance.

"You know, Mr. Francis," he said, "I have performed autopsies upon eleven murdered men within the last ten years; and in no case has one of the murderers been brought to justice. It is outrageous, scandalous. Decent men cannot afford to live in a community where people are more interested in making money than in enforcing the law. Decent men become marked men—marked for slaughter as Cummins was. We must do something, if only to protect ourselves."

"You are quite right, Doctor," replied Francis, "and we propose to investigate for ourselves. Did you notice any suspicious circumstance when you rode down from Eureka South the other day?"

The doctor could not think of anything important unless it was the remarks of the gamblers at Moore's Flat about shipping gold dust out of the country. But if they were accomplices they would hardly have spoken so carelessly. And why did they leave the stage at North Bloomfield? They were still there; but no one had observed anything remarkable in their behavior.

That Cummins was leaving California, probably with gold, was a well-known fact. That he would go armed, considering the character of the man, was almost certain. And this was a good reason why bankers at Moore's Flat or Lake City might ship bullion that fatal day. Mat Bailey nodded solemn assent, for he knew that this was sound logic.

It was now his turn to offer suggestions. A stage-driver is always a person of importance, especially in California. For the past six days Mat had found his public importance rather embarrassing. Every trip past the robbers' hiding-place had brought an avalanche of questions from curious passengers. Probably Mat Bailey had been forced to think of the tragedy more constantly than had any other person. His opinion ought to be valuable.

He hesitated, and seemed loath to speak his mind.

"Out with it, Mat," said Francis. "This hearing is among friends, not official. Tell us just what you think."

"Well," replied Mat, "there is one circumstance you gentlemen ought to know. Up to this time nobody has mentioned it; and I hate to be the first to speak of it."

Everybody's interest was aroused. After a pause Mat continued:

"When the robber was going over the baggage he came to Mr. Cummins' valise, and asked, 'Whose is this?' One of the passengers spoke up and said, 'That belongs to Mr. Cummins.' Then the row began."

"Who is the guilty man?" cried Francis.

Mat looked embarrassed: "It wasn't a man. It was Miss Slocum."

There was a moment of silence. Everybody was shocked, and trying to work out in his own mind some logical connection between the school-teacher and the crime.

"That's where you've got us guessing, Mat," said one. "What can a crowd of bachelors do if you drag a woman into the case?"

"And yet," said another, "what else ought we to expect? A woman's at the bottom of everything, you know."

"Yes, we would none of us be here in this wicked world except for our mothers," remarked the doctor sarcastically. "How has Miss Slocum been acting since the tragedy, Mat? I must confess I can't think ill of that girl."

"Well, Doctor," replied Mat, "she has acted just as you would expect an innocent girl to act. She's been all broken up—down sick a good part of the time. And I don't believe there's a man, woman, or child in Nevada City who mourns Will Cummins more than she does. That's why I hate to mention her name. And that's why I haven't said anything up to this time. But some of those cowards who looked on while Cummins was murdered have begun to talk; so you would have heard the story sooner or later anyhow. Still, I hate to mention the girl's name."

"You have done right," said Francis. "The girl might have helped the robbers without intending to. Frightened out of her wits, perhaps. Somebody might question her kindly, and see what's back of this. And, gentlemen, as Bailey spends a good deal of his time at Nevada City, it seems to me he is the man to follow up this clue. Call on the girl, Mat, and see what you can find out."

So out of a sordid tragedy there was spun a thread of romance. The school-teacher and the stage-driver are about the only characters who do not require the "gold cure." Mat had ridden over the mountains at all seasons until he loved them. His chief delights were the companionship of