CHAPTER XLIX
An extract or two from the newspapers of the day will furnish a photograph that can need no embellishment:
FATAL SHOOTING AFFRAY. – An affray occurred, last evening, in a billiard saloon on C street, between Deputy Marshal Jack Williams and Wm. Brown, which resulted in the immediate death of the latter. There had been some difficulty between the parties for several months.
An inquest was immediately held, and the following testimony adduced:
Officer GEO. BIRDSALL, sworn, says: – I was told Wm. Brown was drunk and was looking for Jack Williams; so soon as I heard that I started for the parties to prevent a collision; went into the billiard saloon; saw Billy Brown running around, saying if anybody had anything against him to show cause; he was talking in a boisterous manner, and officer Perry took him to the other end of the room to talk to him; Brown came back to me; remarked to me that he thought he was as good as anybody, and knew how to take care of himself; he passed by me and went to the bar; don’t know whether he drank or not; Williams was at the end of the billiard-table, next to the stairway; Brown, after going to the bar, came back and said he was as good as any man in the world; he had then walked out to the end of the first billiard-table from the bar; I moved closer to them, supposing there would be a fight; as Brown drew his pistol I caught hold of it; he had fired one shot at Williams; don’t know the effect of it; caught hold of him with one hand, and took hold of the pistol and turned it up; think he fired once after I caught hold of the pistol; I wrenched the pistol from him; walked to the end of the billiard-table and told a party that I had Brown’s pistol, and to stop shooting; I think four shots were fired in all; after walking out, Mr. Foster remarked that Brown was shot dead.
Oh, there was no excitement about it – he merely “remarked” the small circumstance!
Four months later the following item appeared in the same paper (the Enterprise). In this item the name of one of the city officers above referred to (Deputy Marshal Jack Williams) occurs again:
ROBBERY AND DESPERATE AFFRAY. – On Tuesday night, a German named Charles Hurtzal, engineer in a mill at Silver City, came to this place, and visited the hurdy-gurdy house on B street. The music, dancing and Teutonic maidens awakened memories of Faderland until our German friend was carried away with rapture. He evidently had money, and was spending if freely. Late in the evening Jack Williams and Andy Blessington invited him down stairs to take a cup of coffee. Williams proposed a game of cards and went up stairs to procure a deck, but not finding any returned. On the stairway he met the German, and drawing his pistol knocked him down and rifled his pockets of some seventy dollars. Hurtzal dared give no alarm, as he was told, with a pistol at his head, if he made any noise or exposed them, they would blow his brains out. So effectually was he frightened that he made no complaint, until his friends forced him. Yesterday a warrant was issued, but the culprits had disappeared.
This efficient city officer, Jack Williams, had the common reputation of being a burglar, a highwayman and a desperado. It was said that he had several times drawn his revolver and levied money contributions on citizens at dead of night in the public streets of Virginia.
Five months after the above item appeared, Williams was assassinated while sitting at a card table one night; a gun was thrust through the crack of the door and Williams dropped from his chair riddled with balls. It was said, at the time, that Williams had been for some time aware that a party of his own sort (desperadoes) had sworn away his life; and it was generally believed among the people that Williams’s friends and enemies would make the assassination memorable – and useful, too – by a wholesale destruction of each other.
It did not so happen, but still, times were not dull during the next twenty-four hours, for within that time a woman was killed by a pistol shot, a man was brained with a slung shot, and a man named Reeder was also disposed of permanently. Some matters in the Enterprise account of the killing of Reeder are worth nothing – especially the accommodating complaisance of a Virginia justice of the peace. The italics in the following narrative are mine:
MORE CUTTING AND SHOOTING. – The devil seems to have again broken loose in our town. Pistols and guns explode and knives gleam in our streets as in early times. When there has been a long season of quiet, people are slow to wet their hands in blood; but once blood is spilled, cutting and shooting come easy. Night before last Jack Williams was assassinated, and yesterday forenoon we had more bloody work, growing out of the killing of Williams, and on the same street in which he met his death. It appears that Tom Reeder, a friend of Williams, and George Gumbert were talking, at the meat market of the latter, about the killing of Williams the previous night, when Reeder said it was a most cowardly act to shoot a man in such a way, giving him “no show.” Gumbert said that Williams had “as good a show as he gave Billy Brown,” meaning the man killed by Williams last March. Reeder said it was a d – d lie, that Williams had no show at all. At this, Gumbert drew a knife and stabbed Reeder, cutting him in two places in the back. One stroke of the knife cut into the sleeve of Reeder’s coat and passed downward in a slanting direction through his clothing, and entered his body at the small of the back; another blow struck more squarely, and made a much more dangerous wound. Gumbert gave himself up to the officers of justice, and was shortly after discharged by Justice Atwill, on his own recognizance, to appear for trial at six o’clock in the evening. In the meantime Reeder had been taken into the office of Dr. Owens, where his wounds were properly dressed. One of his wounds was considered quite dangerous, and it was thought by many that it would prove fatal. But being considerably under the influence of liquor, Reeder did not feel his wounds as he otherwise would, and he got up and went into the street. He went to the meat market and renewed his quarrel with Gumbert, threatening his life. Friends tried to interfere to put a stop to the quarrel and get the parties away from each other. In the Fashion Saloon Reeder made threats against the life of Gumbert, saying he would kill him, and it is said that he requested the officers not to arrest Gumbert, as he intended to kill him. After these threats Gumbert went off and procured a double- barreled shot gun, loaded with buck-shot or revolver balls, and went after Reeder. Two or three persons were assisting him along the street, trying to get him home, and had him just in front of the store of Klopstock & Harris, when Gumbert came across toward him from the opposite side of the street with his gun. He came up within about ten or fifteen feet of Reeder, and called out to those with him to “look out! get out of the way!” and they had only time to heed the warning, when he fired. Reeder was at the time attempting to screen himself behind a large cask, which stood against the awning post of Klopstock & Harris’s store, but some of the balls took effect in the lower part of his breast, and he reeled around forward and fell in front of the cask. Gumbert then raised his gun and fired the second barrel, which missed Reeder and entered the ground. At the time that this occurred, there were a great many persons on the street in the vicinity, and a number of them called out to Gumbert, when they saw him raise his gun, to “hold on,” and “don’t shoot!” The cutting took place about ten o’clock and the shooting about twelve. After the shooting the street was instantly crowded with the inhabitants of that part of the town, some appearing much excited and laughing – declaring that it looked like the “good old times of ‘60.” Marshal Perry and officer Birdsall were near when the shooting occurred, and Gumbert was immediately arrested and his gun taken from him, when he was marched off to jail. Many persons who were attracted to the spot where this bloody work had just taken place, looked bewildered and seemed to be asking themselves what was to happen next, appearing in doubt as to whether the killing mania had reached its climax, or whether we were to turn in and have a grand killing spell, shooting whoever might have given us offence. It was whispered around that it was not all over yet – five or six more were to be killed before night. Reeder was taken to the Virginia City Hotel, and doctors called in to examine his wounds. They found that two or three balls had entered his right side; one of them appeared to have passed through the substance of the lungs, while another passed into the liver. Two balls were also found to have struck one of his legs. As some of the balls struck the cask, the wounds in Reeder’s leg were probably from these, glancing downwards, though they might have been caused by the second shot fired. After being shot, Reeder said when he got on his feet – smiling as he spoke – “It will take better shooting than that to kill me.” The doctors consider it almost impossible for him to recover, but as he has an excellent constitution he may survive, notwithstanding the number and dangerous character of the wounds he has received. The town appears to be perfectly quiet at present, as though the late stormy times had cleared our moral atmosphere; but who can tell in what quarter clouds are lowering or plots ripening?
Reeder – or at least what was left of him – survived his wounds two days! Nothing was ever done with Gumbert.
Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate. Not less than a hundred men have been murdered in Nevada – perhaps I would be within bounds if I said three hundred – and as far as I can learn, only two persons have suffered the death penalty there. However, four or five who had no money and no political influence have been punished by imprisonment – one languished in prison as much as eight months, I think. However, I do not desire to be extravagant – it may have been less.
However, one prophecy was verified, at any rate. It was asserted by the desperadoes that one of their brethren (Joe McGee, a special policeman) was known to be the conspirator chosen by lot to assassinate Williams; and they also asserted that doom had been pronounced against McGee, and that he would be assassinated in exactly the same manner that had been adopted for the destruction of Williams – a prophecy which came true a year later. After twelve months of distress (for McGee saw a fancied assassin in every man that approached him), he made the last of many efforts to get out of the country unwatched. He went to Carson and sat down in a saloon to wait for the stage – it would leave at four in the morning. But as the night waned and the crowd thinned, he grew uneasy, and told the bar-keeper that assassins were on his track. The bar-keeper told him to stay in the middle of the room, then, and not go near the door, or the window by the stove. But a fatal fascination seduced him to the neighborhood of the stove every now and then, and repeatedly the bar- keeper brought him back to the middle of the room and warned him to remain there. But he could not. At three in the morning he again returned to the stove and sat down by a stranger. Before the bar-keeper could get to him with another warning whisper, some one outside fired through the window and riddled McGee’s breast with slugs, killing him almost instantly. By the same discharge the stranger at McGee’s side also received attentions which proved fatal in the course of two or three days.
CHAPTER L
These murder and jury statistics remind me of a certain very extraordinary trial and execution of twenty years ago; it is a scrap of history familiar to all old Californians, and worthy to be known by other peoples of the earth that love simple, straightforward justice unencumbered with nonsense. I would apologize for this digression but for the fact that the information I am about to offer is apology enough in itself. And since I digress constantly anyhow, perhaps it is as well to eschew apologies altogether and thus prevent their growing irksome.
Capt. Ned Blakely – that name will answer as well as any other fictitious one (for he was still with the living at last accounts, and may not desire to be famous) – sailed ships out of the harbor of San Francisco for many years. He was a stalwart, warm-hearted, eagle-eyed veteran, who had been a sailor nearly fifty years – a sailor from early boyhood. He was a rough, honest creature, full of pluck, and just as full of hard-headed simplicity, too. He hated trifling conventionalities – “business” was the word, with him. He had all a sailor’s vindictiveness against the quips and quirks of the law, and steadfastly believed that the first and last aim and object of the law and lawyers was to defeat justice.
He sailed for the Chincha Islands in command of a guano ship. He had a fine crew, but his negro mate was his pet – on him he had for years lavished his admiration and esteem. It was Capt. Ned’s first voyage to the Chinchas, but his fame had gone before him – the fame of being a man who would fight at the dropping of a handkerchief, when imposed upon, and would stand no nonsense. It was a fame well earned. Arrived in the islands, he found that the staple of conversation was the exploits of one Bill Noakes, a bully, the mate of a trading ship. This man had created a small reign of terror there. At nine o’clock at night, Capt. Ned, all alone, was pacing his deck in the starlight. A form ascended the side, and approached him. Capt. Ned said:
“Who goes there?”
“I’m Bill Noakes, the best man in the islands.”
“What do you want aboard this ship?”
“I’ve heard of Capt. Ned Blakely, and one of us is a better man than ‘tother – I’ll know which, before I go ashore.”
“You’ve come to the right shop – I’m your man. I’ll learn you to come aboard this ship without an invite.”
He seized Noakes, backed him against the mainmast, pounded his face to a pulp, and then threw him overboard.
Noakes was not convinced. He returned the next night, got the pulp renewed, and went overboard head first, as before.
He was satisfied.
A week after this, while Noakes was carousing with a sailor crowd on shore, at noonday, Capt. Ned’s colored mate came along, and Noakes tried to pick a quarrel with him. The negro evaded the trap, and tried to get away. Noakes followed him up; the negro began to run; Noakes fired on him with a revolver and killed him. Half a dozen sea-captains witnessed the whole affair. Noakes retreated to the small after-cabin of his ship, with two other bullies, and gave out that death would be the portion of any man that intruded there. There was no attempt made to follow the villains; there was no disposition to do it, and indeed very little thought of such an enterprise. There were no courts and no officers; there was no government; the islands belonged to Peru, and Peru was far away; she had no official representative on the ground; and neither had any other nation.
However, Capt. Ned was not perplexing his head about such things. They concerned him not. He was boiling with rage and furious for justice. At nine o’clock at night he loaded a double-barreled gun with slugs, fished out a pair of handcuffs, got a ship’s lantern, summoned his quartermaster, and went ashore. He said:
“Do you see that ship there at the dock?”
“Ay-ay, sir.”
“It’s the Venus.”
“Ay-ay, sir.”
“You – you know me.”
“Ay-ay, sir.”
“Very well, then. Take the lantern. Carry it just under your chin. I’ll walk behind you and rest this gun-barrel on your shoulder, p’inting forward – so. Keep your lantern well up so’s I can see things ahead of you good. I’m going to march in on Noakes – and take him – and jug the other chaps. If you flinch – well, you know me.”
“Ay-ay, sir.”
In this order they filed aboard softly, arrived at Noakes’s den, the quartermaster pushed the door open, and the lantern revealed the three desperadoes sitting on the floor. Capt. Ned said:
“I’m Ned Blakely. I’ve got you under fire. Don’t you move without orders – any of you. You two kneel down in the corner; faces to the wall – now. Bill Noakes, put these handcuffs on; now come up close. Quartermaster, fasten ‘em. All right. Don’t stir, sir. Quartermaster, put the key in the outside of the door. Now, men, I’m going to lock you two in; and if you try to burst through this door – well, you’ve heard of me. Bill Noakes, fall in ahead, and march. All set. Quartermaster, lock the door.”
Noakes spent the night on board Blakely’s ship, a prisoner under strict guard. Early in the morning Capt. Ned called in all the sea-captains in the harbor and invited them, with nautical ceremony, to be present on board his ship at nine o’clock to witness the hanging of Noakes at the yard-arm!
“What! The man has not been tried.”
“Of course he hasn’t. But didn’t he kill the nigger?”
“Certainly he did; but you are not thinking of hanging him without a trial?”
“Trial! What do I want to try him for, if he killed the nigger?”
“Oh, Capt. Ned, this will never do. Think how it will sound.”
“Sound be hanged! Didn’t he kill the nigger?”
“Certainly, certainly, Capt. Ned, – nobody denies that, – but – ”
“Then I’m going to hang him, that’s all. Everybody I’ve talked to talks just the same way you do. Everybody says he killed the nigger, everybody knows he killed the nigger, and yet every lubber of you wants him tried for it. I don’t understand such bloody foolishness as that. Tried! Mind you, I don’t object to trying him, if it’s got to be done to give satisfaction; and I’ll be there, and chip in and help, too; but put it off till afternoon – put it off till afternoon, for I’ll have my hands middling full till after the burying – ”
“Why, what do you mean? Are you going to hang him any how – and try him afterward?”
“Didn’t I say I was going to hang him? I never saw such people as you. What’s the difference? You ask a favor, and then you ain’t satisfied when you get it. Before or after’s all one – you know how the trial will go. He killed the nigger. Say – I must be going. If your mate would like to come to the hanging, fetch him along. I like him.”
There was a stir in the camp. The captains came in a body and pleaded with Capt. Ned not to do this rash thing. They promised that they would create a court composed of captains of the best character; they would empanel a jury; they would conduct everything in a way becoming the serious nature of the business in hand, and give the case an impartial hearing and the accused a fair trial. And they said it would be murder, and punishable by the American courts if he persisted and hung the accused on his ship. They pleaded hard. Capt. Ned said:
“Gentlemen, I’m not stubborn and I’m not unreasonable. I’m always willing to do just as near right as I can. How long will it take?”
“Probably only a little while.”
“And can I take him up the shore and hang him as soon as you are done?”
“If he is proven guilty he shall be hanged without unnecessary delay.”
“If he’s proven guilty. Great Neptune, ain’t he guilty? This beats my time. Why you all know he’s guilty.”
But at last they satisfied him that they were projecting nothing underhanded. Then he said:
“Well, all right. You go on and try him and I’ll go down and overhaul his conscience and prepare him to go – like enough he needs it, and I don’t want to send him off without a show for hereafter.”
This was another obstacle. They finally convinced him that it was necessary to have the accused in court. Then they said they would send a guard to bring him.
“No, sir, I prefer to fetch him myself – he don’t get out of my hands. Besides, I’ve got to go to the ship to get a rope, anyway.”
The court assembled with due ceremony, empaneled a jury, and presently Capt. Ned entered, leading the prisoner with one hand and carrying a Bible and a rope in the other. He seated himself by the side of his captive and told the court to “up anchor and make sail.” Then he turned a searching eye on the jury, and detected Noakes’s friends, the two bullies.
He strode over and said to them confidentially:
“You’re here to interfere, you see. Now you vote right, do you hear? – or else there’ll be a double-barreled inquest here when this trial’s off, and your remainders will go home in a couple of baskets.”
The caution was not without fruit. The jury was a unit – the verdict. “Guilty.”
Capt. Ned sprung to his feet and said:
“Come along – you’re my meat now, my lad, anyway. Gentlemen you’ve done yourselves proud. I invite you all to come and see that I do it all straight. Follow me to the canyon, a mile above here.”
The court informed him that a sheriff had been appointed to do the hanging, and —
Capt. Ned’s patience was at an end. His wrath was boundless. The subject of a sheriff was judiciously dropped.
When the crowd arrived at the canyon, Capt. Ned climbed a tree and arranged the halter, then came down and noosed his man. He opened his Bible, and laid aside his hat. Selecting a chapter at random, he read it through, in a deep bass voice and with sincere solemnity. Then he said:
“Lad, you are about to go aloft and give an account of yourself; and the lighter a man’s manifest is, as far as sin’s concerned, the better for him. Make a clean breast, man, and carry a log with you that’ll bear inspection. You killed the nigger?”
No reply. A long pause.
The captain read another chapter, pausing, from time to time, to impress the effect. Then he talked an earnest, persuasive sermon to him, and ended by repeating the question:
“Did you kill the nigger?”
No reply – other than a malignant scowl. The captain now read the first and second chapters of Genesis, with deep feeling – paused a moment, closed the book reverently, and said with a perceptible savor of satisfaction:
“There. Four chapters. There’s few that would have took the pains with you that I have.”
Then he swung up the condemned, and made the rope fast; stood by and timed him half an hour with his watch, and then delivered the body to the court. A little after, as he stood contemplating the motionless figure, a doubt came into his face; evidently he felt a twinge of conscience – a misgiving – and he said with a sigh:
“Well, p’raps I ought to burnt him, maybe. But I was trying to do for the best.”
When the history of this affair reached California (it was in the “early days”) it made a deal of talk, but did not diminish the captain’s popularity in any degree. It increased it, indeed. California had a population then that “inflicted” justice after a fashion that was simplicity and primitiveness itself, and could therefore admire appreciatively when the same fashion was followed elsewhere.