CHAPTER XXXVI

THE RULE OF THE LAWLESS

No concerted attempt was made by the roughs to avenge the execution of

their comrades. Whether they realized that such an attempt would be

likely to solidify the decent element, or whether that sort of warfare

was not their habit, the afternoon and night wore away without trouble.

"Danger's over," announced Johnny the following morning.

"What next?" I asked.

"We'll go up to town," said Johnny.

This they proceeded to do, negativing absolutely my desire to accompany

them.

"You stay out of this," said Johnny. "Go and wash gold as usual."

I was immensely relieved that afternoon when they returned safe and

sound. Afterward I heard that they had coolly visited every saloon and

gambling place, had stopped in each to chat with the barkeepers and

gamblers, had spent the morning seated outside the Bella Union, and had

been in no manner molested.

"They'll be all right as long as they stick together and keep in the

open," Yank assured me. "That gang will sooner assassinate than fight."

Although for the moment held in check by the resolute front presented by

these three boys, the rough element showed that it considered it had won

a great victory, and was now entitled to run the town. Members of the

gang selected what goods they needed at any of the stores, making no

pretence of payment. They swaggered boldly about the streets at all

times, infested the better places such as the Bella Union, elbowed aside

insolently any inoffensive citizen who might be in their way, and

generally conducted themselves as though they owned the place. Robberies

grew more frequent. The freighters were held up in broad daylight;

rumours of returning miners being relieved of their dust drifted up from

the lower country; mysterious disappearances increased in number. Hardly

an attempt was made to conceal the fact that the organized gang that

conducted these operations had its headquarters at Italian Bar. Strange

men rode up in broad daylight, covered with red dust, to confer with

Morton or one of the other resident blackguards. Mysteriously every

desperado in the place began to lay fifty-dollar octagonal slugs on the

gaming tables, product of some lower country atrocity.

The camp soon had a concrete illustration of the opinion the roughs held

of themselves. It was reported quietly among a few of us that several of

our number had been "marked" by the desperadoes. Two of these were Joe

Thompson, who had acted as counsel for the prosecution in the late

trial, and Tom Cleveland, who had presided, and presided well, over the

court. Thompson kept one of the stores, while Cleveland was proprietor

of the butcher shop. No overt threats were made, but we understood that

somehow these men were to be put out of the way. Of course they were at

once warned.

The human mind is certainly a queer piece of mechanism. It would seem

that the most natural thing to have done, in the circumstances, would

have been to dog these men's footsteps until an opportunity offered to

assassinate them quietly. That is just what would have been done had the

intended victims been less prominently in the public eye. The murder of

court officials, however, was a very different matter from the finding

of an unknown miner dead in his camp or along the trail. In the former

case there could be no manner of doubt as to the perpetrators of the

deed--the animus was too directly to be traced. And it is a matter for

curious remark that in all early history, whether of California in the

forties, or of Montana in the bloodier sixties, the desperadoes, no

matter how strong they felt themselves or how arrogantly they ran the

community, nevertheless must have felt a great uncertainty as to the

actual power of the decent element. This is evidenced by the fact that

they never worked openly. Though the identity of each of them as a

robber and cut-throat was a matter of common knowledge, so that any

miner could have made out a list of the members of any band, the fact

was never formally admitted. And as long as it was not admitted, and as

long as actual hard proof was lacking, it seemed to be part of the game

that nothing could be done. Moral certainties did not count until some

series of outrages resulted in mob action.

Now consider this situation, which seemed to me then as it seems to me

now, most absurd in every way. Nobody else considered it so. Everybody

knew that the rough element was out to "get" Thompson and Cleveland.

Everybody, including both Thompson and Cleveland themselves, was pretty

certain that they would not be quietly assassinated, the argument in

that case being that the deed would be too apt to raise the community.

Therefore it was pretty well understood that some sort of a quarrel or

personal encounter would be used as an excuse. Personally I could not

see that that would make much essential difference; but, as I said, the

human mind is a curious piece of mechanism.

Among the occasional visitors to the camp was a man who called himself

Harry Crawford. He was a man of perhaps twenty-five years, tall, rather

slender, with a clear face and laughing blue eyes. Nothing in his

appearance indicated the desperado; and yet we had long known him as one

of the Morton gang. This man now took up his residence in camp; and we

soon discovered that he was evidently the killer. The first afternoon he

picked some sort of a petty quarrel with Thompson over a purchase, but

cooled down instantly when unexpectedly confronted by a half dozen

miners who came in at the opportune moment. A few days afterward in the

slack time of the afternoon Thompson, while drinking at the bar of the

Empire and conversing with a friend, was approached by a well-known

sodden hanger-on of the saloons.

"What 'n hell you fellows talking about?" demanded this man impudently.

"None of your business," replied Thompson impatiently, for the man was a

public nuisance, and besides was deep in Thompson's debt.

The man broke into foul oaths.

"I'll dare you to fight!" he cried in a furious passion.

Facing about, Thompson saw Crawford standing attentively among the

listeners, and instantly comprehended the situation.

"You have the odds of me with a pistol," said Thompson, who notoriously

had no skill with that weapon. "Why should I fight you?"

"Well, then," cried the man, "put up your fists; that'll show who is the

best man!"

He snatched off his belt and laid it on the bar. Thompson did the same.

"Come on!" cried the challenger, backing away.

Thompson, thoroughly angry, reached over and slapped his antagonist. The

latter promptly drew another revolver from beneath his coat, but before

he could aim it Thompson jumped at his throat and disarmed him. At this

moment Crawford interfered, apparently as peacemaker. Thompson was later

told secretly by the barkeeper that the scheme was to lure him into a

pistol fight in the street, when Crawford would be ready to shoot him as

soon as the first shot was fired.

On the strength of his interference Crawford next pretended to

friendship, and spent much of his time at Thompson's store. Thompson was

in no way deceived. This state of affairs continued for two days. It

terminated in the following manner: Crawford, sitting half on the

counter, and talking with all the great charm of which he was master,

led the subject to weapons.

"This revolver of mine," said he, at the same time drawing the weapon

from its holster, "is one of the old navy model. You don't often see

them nowadays. It has a double lock." He cocked it as though to

illustrate his point, and the muzzle, as though by accident, swept

toward the other man. He looked up from his affected close examination

to find that Thompson had also drawn his weapon and that the barrel was

pointing uncompromisingly in his direction.

For a moment the two stared each other in the eye. Then Crawford

sheathed his pistol with an oath.

"What do you mean by that?" he cried.

"I mean," said Thompson firmly, "that I do not intend you shall get the

advantage of me. You know my opinion of you and your gang. I shall not

be shot by any of you, if I can help it."

Crawford withdrew quietly, but later in the day approached a big group

of us, one of which was Thompson.

"There's a matter between you and me has got to be settled!" he cried.

"Well, I can't imagine what it is," replied Thompson. "I'm not aware

that I've said or done anything to you that needs settlement."

"You needn't laugh!" replied Crawford, with a string of insulting oaths.

"You're a coward; and if you're anything of a man you will step out of

doors and have this out."

"I am, as you say, a coward," replied Thompson quietly, "and I see no

reason for going out of doors to fight you or anybody else."

After blustering and swearing for a few moments Crawford withdrew. He

made no attempt to fight, nor do I believe his outburst had any other

purpose than to establish the purely personal character of the quarrel

between Thompson and himself. At any rate, Thompson was next morning

found murdered in his bunk, while Crawford had disappeared. I do not

know whether Crawford had killed him or not; I think not.

About this time formal printed notices of some sort of election were

posted on the bulletin board at Morton's place. At least they were said

to have been posted, and were pointed out to all comers the day after

election. Perhaps they were there all the time, as claimed, but nobody

paid much attention to them. At any rate, we one day awoke to the fact

that we were a full-fledged community, with regularly constituted court

officers, duly qualified officials, and a sheriff. The sheriff was

Morton, and the most worthy judges were other members of his gang!

This move tickled Danny Randall's sense of humour immensely.

"That's good head work," he said approvingly. "I didn't think Morton had

it in him."

"It's time something was done to run that gang out of town," fumed Dr.

Rankin.

"No; it is not time," denied Danny, "any more than it was time when you

and Johnny and the rest of you had your celebrated jury trial."

"I'd like to know what you are driving at!" fretted the worthy doctor.

Danny Randall laughed in his gentle little fashion. I will confess that

just at that time I was very decidedly wondering what Danny Randall was

at. In fact, at moments I was strongly inclined to doubt his

affiliations. He seemed to stand in an absolutely neutral position,

inclining to neither side.

Tom Cleveland was killed in the open street by one of the Empire

hangers-on. The man was promptly arrested by Morton in his capacity of

sheriff, and confined in chains. Morton, as sheriff, selected those who

were to serve on the jury. I had the curiosity to attend the trial,

expecting to assist at an uproarious farce. All the proceedings, on the

contrary, were conducted with the greatest decorum, and with minute

attention to legal formalities. The assassin, however, was acquitted.

From that time the outrages increased in number and in boldness. No man

known to be possessed of any quantity of gold was safe. It was dangerous

to walk alone after dark, to hunt alone in the mountains, to live alone.

Every man carried his treasure about with him everywhere he went. No man

dared raise his voice in criticism of the ruling powers, for it was

pretty generally understood that such criticism meant death.

It would be supposed, naturally, by you in our modern and civilized

days, that such a condition of affairs would cast a fear and gloom over

the life of the community. Not at all. Men worked and played and gambled

and drank and joked and carried on the light-hearted, jolly existence of

the camps just about the same as ever. Outside a few principals like

Morton and his immediate satellites, there was no accurate demarkation

between the desperadoes and the miners. Indeed, no one was ever quite

sure of where his next neighbour's sympathies lay. We all mingled

together, joked, had a good time--and were exceedingly cautious. It was

a polite community. Personal quarrels were the product of the moment,

and generally settled at the moment or soon after. Enmities were matters

for individual adjustment.

Randall's express messengers continued to make their irregular trips

with the gold dust. They were never attacked, though they were

convinced, and I think justly, that on numerous occasions they had only

just escaped attack. Certainly the sums of money they carried were more

than sufficient temptation to the bandits. They knew their country,

however, and were full of Indian-like ruses, twists, doublings and turns

which they employed with great gusto. How long they would have succeeded

in eluding what I considered the inevitable, I do not know; but at this

time occurred the events that I shall detail in the next chapter.

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