_ CHAPTER SEVEN. GIVES THE RESULT OF THE FIRST DAY'S DIGGING, AND SHOWS THE POWERFUL EFFECT OF LYNCH-LAW
Next morning Frank and his friends went out to choose their claim. As we have said, the Bigbear Gully was not at that time generally known. A comparatively small number of diggers had set to work in it, and they were careful to avoid giving much information to "prospecting," or searching parties, because they knew that if the richness of the soil were known, there would be a general rush to it from all quarters. There was therefore no lack of unoccupied ground.
A suitable spot was chosen in a pleasant grove on the banks of the stream where it swept round the base of a magnificent precipice, not far from Jeffson's store. Here Douglas, Meyer, and Joe set to work to build a kind of hut of logs, branches, and mud, while Frank returned to the store to purchase the necessary tools. Having little money left, he was compelled to take credit, which Jeffson readily granted to him, knowing full well that there was little fear of the account remaining long unpaid.
In order that the reader may have an idea of the charges made at the diggings in those days, we subjoin the list of purchases made at the commencement of operations by the firm of "Allfrey, Douglas and Company."
A rocker or cradle. . . . . . . . . . 6 pounds 5 shillings
A spade, shovel, pick-axe, and
two tin washing-pans. . . . . . . . . 3 pounds 15 shillings
12 pounds weight of biscuit,
12 pounds weight of salt-pork
and beef, 4 pounds weight of lard,
and 6 pounds weight of flour. . . . .10 pounds 8 shillings
A frying-pan, sauce-pan,
and four tin mugs. . . . . . . . . . 2 pounds 12 shillings
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Sum-Total 23 pounds 0 shillings
When Joe Graddy heard the sum-total he looked very blank indeed, but, quickly recovering himself, insisted that they should leave off house-building, which, in the fine weather, he said, wos o' no manner o' use, and it was a matter o' prime importance to go to dig at once, an' pay off their debt without delay.
Joe was overruled, however, and when it was explained to him that the fine weather might not last long, that it was essential to health that they should have a roof of some sort to keep off the dews, and that digging might be commenced in right earnest on the morrow, he consented to continue his labours at the hut.
That night they slept sounder than usual, and, on the following morning, began to dig for gold.
They commenced within a few feet of the water's edge. Joe handled the pick and spade; Meyer carried the "dirt" on his broad shoulders to Douglas, who rocked the cradle, while Frank washed out the auriferous matter in one of the tin pans, until nothing but pure gold and black sand remained. It was reserved for evening to separate the sand from the gold, and ascertain the result of their day's labour.
At noon, in accordance with the universal custom at the mines, they threw down their tools and went up to the hut for an hour's rest and refreshment. Of course they discussed while they dined, and hoped largely! but their jaws were more active than their tongues, and the moment the hour was completed they returned vigorously to work.
When the shades of evening began to descend, they returned to the hut, and, kindling a fire, commenced to fry blacksand and gold, being anxious to ascertain the result of the first day's work before supper! As each panful was dried and blown, the gold was weighed and put into a small white bowl, the bottom of which was soon heaped up with shining particles, varying in size from the smallest visible specks to little lumps like grains of corn.
A neighbouring miner, who had offered to weigh the result for them, pronounced this first day's work as an unusually successful one, being, he said, a little over thirty-six pounds sterling.
"How much?" exclaimed Joe Graddy in amazement.
"Thirty-six pounds sterling," repeated the miner.
"You _don't_ mean that?"
"Indeed I do," replied the miner, smiling.
"Then our fortins is made a'ready--all but--"
"Not quite; you forget the price of our outfit," said Frank.
"No doubt, I did," answered the seaman, a little subdued.
"And the price o' grub," added Douglas; "not to mention clothing, which we shall want very soon, I fear, for the tear and wear of this kind of work is considerable. Why, I found to-day, when I took a stroll at noon, that they charge five pounds sterling for a flannel shirt, and four pounds for a pair of boots, and everything else is in proportion; so, you see, our thirty-six pounds won't do much for us at that rate. However, I admit that we have reason to be satisfied with the day's work."
"You certainly have," said their friend the miner; "for it is very seldom that beginners do so much. And now I would give you one piece of advice before I go, which is, that you appoint one of your number to cook for the rest. More men are killed, I believe, by eating half-cooked victuals, than by hard work. They come in fagged and wet at night, cook their grub hastily, bolt it, and then lie down to sleep in damp clothes. Of course they soon break down. Our party have kept very fair health in the midst of great sickness; and I believe it is chiefly owing to the fact that, on first setting to work, we appointed one of our number, who had a talent that way, to attend to the cooking department. We relieved him of a great deal of the hard labour, but gave him his equal share of the profits. The consequence has been that we are all in first-rate health, and dig more energetically than our neighbours."
"Has there then been much sickness here of late?" asked Frank.
"A great deal, and I fear there will be much more when the rains set in; but let me urge you again to take my advice about appointing a cook."
"That," said Joe Graddy, "is just wot we means to do, Mister wot's-yer-name?"
"Stewart," said the miner.
"Well, Mister Stewart, I'll ap'int myself cook to our party, havin', if I may say so, a nat'ral talent that way, w'ich wos deweloped on my first voyage round the world, w'en our cook died of a broken heart--so it's said--'cause the doctor knocked off his grog, and put him on an allowance o' lime juice."
Saying this, Joe heaved a deep sigh, seized the frying-pan, and commenced his self-imposed duties. Our hero took up the bowl of gold-dust, and was about to leave the hut, when Douglas arrested him with--
"Hallo, Frank, where away? I shall have to shout 'stop thief' if you go off like that with the gold."
"I'm going to pay our debt to Jeffson," said Frank, with a laugh. "I have great belief, Douglas, in the plan of paying as one goes. Debt is a heavy weight, which I never mean to carry if I can help it. A good old aunt of mine used often to din into everybody's ears the text 'owe no man anything,' and I really believe she has caused it to take a strong hold of me, for I can't rest till I square off Jeffson's account!"
Frank hastened away, and soon after returned with the balance, thirteen pounds, which, as Douglas observed when they began supper, was the nucleus of their future fortune; while Joe remarked that "he didn't know wot nooklius wos, but if it meant the _beginnin'_ of their fortin, it wasn't a big un, as things went at the diggin's."
The proceeds of the next day's work were nearly equal to those of the first, and the spirits of the diggers were proportionally high; but on the third day they did not wash out much more than half the quantity of gold. They were therefore somewhat depressed; and this condition of mind was increased by one of those events which were at times of frequent occurrence there. This was the murder of one miner by another, and the summary application of Lynch-law to the criminal.
It occurred about noon, when the miners were at dinner. A man named Higson, who was noted for swearing and brutality, was standing near Jeffson's store, when a young miner named Elms came up, greatly excited, in consequence of having just found a large nugget, which he wished to have weighed. To the surprise of all, and the indignation of Elms, Higson suddenly snatched the nugget out of his hand, and swore that it had been got in a claim to which Elms had no title, and that, being alongside of his own, and included in the line he had marked off, the nugget was his by rights!
The young man sprang upon Higson, and a struggle ensued, in the midst of which the latter drew his bowie-knife and stabbed Elms to the heart. When he fell, Higson attempted to run, but a stout German tripped up his heels, and a cry of wild anger arose from those who had witnessed the deed.
"Lynch him!" they shouted furiously.
Frank Allfrey and his friends heard the shout, and ran to the spot; but the administration of justice was so prompt that, before they reached it, the murderer was swinging by the neck to the branch of a tree.
"Surely you have been too hasty," exclaimed Frank, advancing without any settled intention, but under an indefinable sense that wrong was being done.
At this several miners leaped forward, and drawing their revolvers, swore with a terrible oath that they would shoot any man who should attempt to cut the murderer down.
As one of the miners here explained hastily why it was that justice had been meted out with such promptitude, our hero drew back and left the spot, feeling, however, that Judge Lynch was a very dangerous character, seeing that he might be just as prompt with the innocent as with the guilty, although he would find it rather difficult to recall life if he should find out afterwards that he had been mistaken in his views.
This event was followed two days after by another incident, which caused considerable excitement in Bigbear Gully. With the increase of miners there had been a considerable increase of crime, as might naturally have been expected in a country where, while there were undoubtedly many honest men, there were also thousands of scoundrels of all nations who had been attracted thither by the dazzling accounts given of the new El Dorado in the West. Rows, more or less severe, in reference to claims and boundaries, had become frequent. Cold-blooded murders were on the increase; and thefts became so common that a general sense of insecurity began to be felt.
This state of things at last wrought its own cure. One day a youth went into the hut of a neighbouring digger, a Yankee, and stole a coffee-tin. He was taken in the act, and as this was the second time that he had been caught purloining his neighbours' goods, those in the vicinity rose up _en masse_ in a furore of indignation. A hurried meeting of all the miners was called, and it was unanimously resolved--at least so unanimously that those who dissented thought it advisable to be silent-- that Lynch-law should be rigorously put in force.
Accordingly, several of the most energetic and violent of the miners constituted themselves judges on the spot, and, on hearing a brief statement of the case, decreed that the culprit was to be subjected to whatever punishment should be determined on by the man whom he had injured. The Yankee at once decided that the rims of his ears should be cut off, and that he should be seared deeply in the cheek with a red-hot iron; which sentence was carried into execution on the spot!
It happened that while this was going on, another of the thieving fraternity, who did not know of the storm that was gathering and about to burst over the heads of such as he, took advantage of the excitement to enter a tent, and abstract therefrom a bag of gold worth several hundred pounds. It chanced that the owner of it happened to be ailing slightly that day, and, instead of following his companions, had lain still in his tent, rolled up in blankets. He was awakened by the thief, sprang up and collared him, and, observing what he was about, dragged him before the tribunal which was still sitting in deliberation on the affairs of the community. The man was instantly condemned to be shot, and this was done at once--several of the exasperated judges assisting the firing party to carry the sentence into execution.
"Now men," cried a tall raw-boned Yankee from the Western States, mounting on a stump after the body had been removed, and speaking with tremendous vehemence, "I guess things have come to such a deadlock here that it's time for honest men to carry things with a high hand, so I opine we had better set about it and make a few laws,--an' if you have no objections, I'll lay down a lot o' them slick off--bran' new laws, warranted to work well, and stand wear and tear, and ready greased for action."
"Hear! hear!" cried several voices in the crowd that surrounded this western Solon, while others laughed at his impudence. All, however, were eager to see the prevailing state of things put right, and glad to back any one who appeared able and willing to act with vigour.
"Wall then, here goes," cried the Yankee. "Let it be decreed that whatever critter shall be nabbed in the act of makin' tracks, with what isn't his'n, shall have his ears cut off, if it's a mild case, and be hanged or shot if it's a bad un."
A hearty and stern assent was at once given to this law, and the law-giver went on to lay down others. He said that of course murder would be punished also with death, and for several other offences men should be flogged or branded on the cheeks with red-hot irons. Having in little more than ten minutes laid down these points, he enacted that thenceforth each man should be entitled to a claim of ten feet square, which, being multiplied by the number of his mess, would give the limits of the allotments in particular locations; but that, he said, would not prevent any man from moving from one site and fixing on another.
To this proposition, however, some of the miners demurred, and the law-giver found that, although in criminal law he had been allowed to have it all his own way, in civil matters he must listen to the opinion of others. However, after much wrangling this law was agreed to; and it was also arranged, among other things, that as long as any one left his tools in his claim, his rights were to be respected.
This meeting had the most beneficial influence on the miners. Rough and ready, as well as harsh, though their proceedings were, they accomplished the end in view most effectually, for after several terrible examples had been made, which proved to evil-doers that men were thoroughly in earnest, stealing, quarrelling about boundaries, and murdering were seldom heard of in that district--insomuch that men could leave bags of gold in their tents unwatched for days together, and their tools quite open in their claims without the slightest fear of their being touched!
The reader must not suppose here that we are either upholding or defending the proceedings of the celebrated Judge Lynch. We are merely recording facts, which prove how efficacious his severe code was in bringing order out of confusion in Bigbear Gully at that time.
It is not necessary that we should follow the varied fortunes of our hero and his friends, day by day, while they were engaged in digging for gold. Suffice it to say that sometimes they were fortunate, sometimes the reverse, but that on the whole, they were successful beyond the average of diggers, and became sanguine of making their fortunes in a short time.
Nevertheless Frank Allfrey did not like the life. Whatever else might arouse his ambition, he was evidently not one of those whose soul was set upon the acquisition of wealth. Although successful as a digger, and with more gold in his possession than he knew what to do with, he detested the dirty, laborious work of digging and dabbling in mud from morning till night. He began to see that, as far as the nature of his daily toil was concerned, he worked harder, and was worse off than the poorest navvy who did the dirtiest work in old England! He sighed for more congenial employment, meditated much over the subject, and finally resolved to give up gold-digging.
Before, however, he could carry this resolve into effect, he was smitten with a dire disease, and in a few days lay on the damp floor of his poor hut, as weak and helpless as a little child. _