SAGEBRUSH JUSTICE.
The Sink of the Humboldt is a lake of strong, brackish water, where
the river empties into the natural basin, formed by the slant of the
surrounding district of mountains, plain and desert, and where some of
the water sinks into the ground and much of it evaporates, there being
no surface outlet. In the latter part of the summer the water is at a
very low stage, and stronger in mineral constituents. There we found
the daytime heat most intense.
The land that is exposed by the receding water during the hottest
period of the fall season becomes a dry, crackling waste of incrusted
slime, curling up in the fierce sunshine, and readily crushed under
foot, like frozen snow. The yellowish-white scales reflect the
sunlight, producing a painful effect on the eyes. Not many feet wander
to this forbidding sea of desolation.
At the border of this desert lake, a few feet higher than the water,
is a plateau of sand, covered with sage-brush and stones. We were
there in the last week of August. Fresh water was not to be had except
at a place a half-mile from our camp, where there was a seepage
spring. There we filled our canteens and buckets with enough for
supper and breakfast. The animals had to endure the night without
water.
Not far from the spring was situated a rude shack, known as "Black's
Trading Post." This establishment was constructed of scraps of rough
lumber, sticks, stones and cow-hides. With Mr. Black were two men,
said to be his helpers--helpers in what, did not appear. The principal
stock in trade was a barrel of whisky--reported to be of very bad
quality--some plug tobacco, and--not much else. Black's prices were
high. A sip from the barrel cost fifty cents. It was said to be an
antidote for alkali poisoning.
[Illustration: "A sip from the barrel cost fifty cents"]
Some of our men visited this emporium of the desert, and there they
found "Jim" Tooly. The barrel had been tapped in his behalf, and he
was loquacious; appearing also to be quite "at home" about the Post.
His two companions of our recent acquaintance were not there. The
"antidote" was working; Tooly was in good spirits, and eloquent. He
did not appear to recognize those of our people who were visiting the
place; but they knew him. There were other persons present from the
camps of two or three companies of emigrants, but strangers to us, who
were also stopping for the night at the margin of the Sink.
Tooly assumed an air of comradeship toward all, addressing various
individuals as "Partner" and "Neighbor"; but his obvious willingness
to hold the center of the stage made it clear that he deemed himself
the important personage of the community.
Some things he said were self-incriminating. He boasted of having
"done up a lot of Pikers, up the creek," declaring his intention to
"look up another lot of suckers" the following day.
When our men thought that they had heard enough they returned to camp
and reported.
Recollections of the last time we had seen Mr. Tooly made the present
occasion seem opportune. An impromptu "court" was organized: judge,
sheriff and deputies; and these, with a few chosen men of the company,
went to the trading post to convene an afternoon session. The members
of this "court" dropped in quietly, one or two at a time, looked over
the place, asked questions--about the country; the prices of Mr.
Black's "goods"; how far it might be to Sacramento; anything to be
sociable: but none offered to tap the barrel.
The stranger emigrants had heard of the Indian raids up the river.
Seeming to have inferred something of pending events, they had gone to
the trading post in considerable numbers. Tooly was still there. Black
and his two men seemed to be persons who ordinarily would be classed
as honest. Still, they appeared to listen to Tooly's tales of prowess
in the looting of emigrant trains as if they regarded such proceedings
as acts of exceptional valor; exhibiting as much interest in the
recital as did the "tenderfoot" emigrants--who held a different
opinion regarding those adventures.
When enough had been heard to warrant the finding of an indictment,
the newly-appointed judge issued a verbal order of arrest, and the
sheriff and his deputies quickly surrounded the accused, before he
suspected anything inimical to his personal welfare. With revolver in
hand, the sheriff commanded, "Hands up, 'Jim' Tooly!" To the
astonishment of all, the big man raised both hands, without protest;
this, however, in mock obedience, as was evident by his laughing at
the supposed fun.
"This is not a joke, sir," came in harsh tones from the judge. "When
we saw you last, about sixteen days ago, you came to our camp to deny
a charge made against you by a man of our company. You overawed,
browbeat and insulted the man and those who were assisting and
protecting him in his distress. You denied the accusation made against
you, with vehemence and much profanity. Giving you the benefit of a
doubt, we permitted you to go. Now we are here to take the full
statement of the prosecuting witness, and examine such other evidence
as there may be. We will clear you if we can, or find you guilty if we
must."
In whatever direction the culprit looked he gazed into the open end of
a gun or pistol. The sheriff said:
"Now, Tooly, any motion of resistance will cost you your life."
A disinterested onlooker at the moment would have cringed, lest the
unaccustomed duty of some deputy should so unnerve his hand that he
would inadvertently and prematurely pull the trigger of his weapon.
But all held sufficiently steady, as they looked through the sights.
The prisoner slowly grasped the situation, and knew that temporary
safety lay in obedience. The sheriff's demand for Tooly's weapons
created more surprise, when it was revealed that, in his feeling of
security while at the Post, he had relieved himself of those
encumbering articles and deposited them with the landlord, that he
might have freedom from their weight while enjoying the hospitality of
the place.
Thus his captors had him as a tiger with teeth and claws drawn. His
weapons, when brought out from the hut for examination, were found to
be two pistols, of the largest size and most dangerous appearance, in
a leathern holster, the latter made to carry on the pommel of a
saddle, in front of the rider. These, also his saddle and other
trappings, were searched for evidence; but, except the pistols,
nothing was found that tended to throw any further light on the
question of his guilt or innocence.
Tooly was then taken, under a heavy guard, to a spot some distance
from the Post, where the court reconvened, for the purpose of
completing the trial.
His captors had, with good reason, reckoned Tooly as like a beast of
the jungle, who, when put at bay, would resort to desperate fighting;
but, having been caught thus unawares and unarmed, violence on his
part or resistance of any kind, was useless. He was doubtless feigning
meekness, hoping for an opportunity to escape.
A jury was selected, mostly from the stranger emigrants.
The improvised court sat on an alkali flat near the margin of the
lake, where there were some large stones and clumps of sage-brush.
There Tooly was confronted by Mr. Wood, still with bandaged arm. Tooly
declared he had never before seen the Englishman, but Wood said he had
seen Tooly, and now reaffirmed his belief that the prisoner was one of
the persons who, some weeks previously, had ridden with the Indians
who killed Mrs. Wood and the child, also wounded and robbed the
witness.
Still the evidence was not deemed sufficiently positive or complete,
the identity being in some doubt. The jury would not convict without
conclusive proof. With the view of procuring further evidence, the
judge ordered that the person of the prisoner be searched.
Hearing this mandate, Tooly first made some sign of an intention to
resist--only a slight start, as if possibly contemplating an effort to
break through the cordon of untrained guards.
"Gentlemen," ordered the sheriff, "keep, every man, his eye on this
fellow, and his finger on the trigger." Then to the prisoner,
"Stand, sir, or you will be reduced to the condition of a 'good
Indian'!"
Escape as yet appeared impossible, and Tooly must have finally come to
a definite realization that he was in the hands of men who meant
business, most earnestly. Bravado had ceased to figure in his conduct.
It was apparent that the search for evidence was narrowing its field;
the erstwhile minions of frontier justice were on the right scent.
Tooly grew pallid of feature and his cheeks hollowed perceptibly, in a
moment. There was a wild glare in his eyes, as they turned from side
to side; fear, hatred, viciousness, mingled in every glance. He
crouched, not designedly, but as if an involuntary action of the
muscles drew him together. His fists were clenched; his mouth partly
opened, as if he would speak, but could not.
Thus he stood, half erect, while the officer searched his clothing.
The examination disclosed that, secured in a buckskin belt, worn under
his outer garments, there was English gold coin, to the value of five
hundred dollars; just one-third of the amount that Mr. Wood declared
he had lost at the time of the robbery. What became of the other
two-thirds of Mr. Wood's money was readily inferred, but full proof of
it was not necessary to this case.
Tooly's trial was closed. The only instruction the court gave the jury
was, "Gentlemen, you have heard the testimony and seen the evidence;
what is your verdict?"
The answer came, as the voice of one man, "Guilty."
During the entire proceeding, at the post and down by the lake, the
judge sat astride his mule. Addressing the prisoner once more from his
elevated "bench," he said:
"Mr. Tooly, you are found guilty of the murder of Mrs. Wood and her
child, the wounding of Mr. Wood, and robbery of his wagon. Mr. Wood
has from the first stated his belief that you were with, and the
leader of, the band of Indians which attacked his party. You
afterwards denied it; but now, in addition to his almost positive
identification, and many circumstances pointing to your guilt, you are
found with the fruits of that robbery on your person. Have you
anything to say?"
[Illustration: "'Stop,' shouted the Judge"]
Tooly was ashy pale, and speechless. Absolute silence reigned for a
time, as the court awaited the prisoner's reply, if by any means he
could offer some explanation, some possible extenuating circumstance,
that might affect the judgment to be pronounced. None came, and the
judge continued:
"You can have your choice, to be shot, or hanged to the uplifted
tongue of a wagon. Which do you choose?"
Tooly took the risk of immediate death, in seeking one last, desperate
chance for life. Instantly he turned half around, crouched for a
spring, and, seemingly by one single leap, went nearly past the
rock-pile, so that it partly covered his retreat. Quick as his
movements were, they were not swifter than those of the men whose duty
was to prevent his escape.
"Stop, Tooly," shouted the judge, sitting astride his mule, as his
long right arm went out to a level, aiming his big Colt's revolver at
the fleeing man.
"Shoot, boys," commanded the sheriff at the same instant; a chorus of
shots sounded, and the court's sentence was executed.
Complying with the request of the judge, the sheriff had a hole dug
near where the body lay, and the dead man was buried, _sans
ceremonie_.
The court returned to the trading post and requested the proprietor to
state what he knew of Tooly. Mr. Black declared he only knew that the
accused plainsman came to the post that day; that he bought and drank
a considerable quantity of whisky, and offered to treat several
passing emigrants, all of whom declined.
The English gold found upon the prisoner was returned to Mr. Wood, and
the incident was closed.
The trial had been as orderly and impartial as the proceedings in any
court established by constitutional authority. All those concerned in
it realized that they were performing a duty of grave importance.
There was nothing of vindictiveness, nothing of rashness. It was
without "due process," and it was swift; a proceeding without the
delays commonly due to technicalities observed in a legal tribunal;
but it was justice conscientiously administered, without law--an
action necessary under the circumstances. Its justification was fully
equal to that of similar services performed by the Vigilance
Committee, in San Francisco, within a year preceding. It was a matter
the necessity of which was deplorable, but the execution of which was
imposed upon those who were on the spot and uncovered the convincing
facts.