In the days of ’49 when Murphy’s Diggings was as lively a little placer camp as one could find in a long ride through the red foot-hills of the Sierras, a young Mexican monte-dealer disappeared. He was a handsome fellow, lighter of complexion than most of his countrymen, owned a sunny smile and spoke English fluently, all of which things made him a favorite among the American customers and consequently an asset to the house. So when dusk came and the booted miners began drifting into the long canvas-roofed hall, the proprietor scanned the crowd for him with some anxiety.

But the proprietor might as well have saved himself the trouble of that search; the monte-dealer had forsaken his table for a different sort of job.

Just at this time he was on the hill beyond the upper end of the camp kneeling beside an open grave; and in his clasped hands, uplifted high above his head, he held a naked bowie-knife. Some light still lingered here among the stiff-branched digger-pines, a faint reflection of the sunset far beyond the flat lands of the San Joaquin valley. It shone upon his face revealing a multitude of lines, so deeply scored, so terrible in their proclamation of deadly hate, that the sight of them would have startled the most case-hardened member of 26 the crowds down there where the candles were twinkling in the humming camp.

The waning light which sifted through the long plumed tassels of the digger-pines showed a little group of Mexicans standing at some distance listening in frightened silence to what he was saying. He spoke to the dead man in the open grave; and when events that followed brought the words back to their minds some of these auditors repeated the vow he made: to color that knife-blade and his hands bright red with the blood of twenty men of Murphy’s Diggings; and after that to devote his life to killing Americans.

This was the monte-dealer’s new job, and in order to understand how he came to undertake such a piece of work it is necessary to go back a little.

He was only nineteen, but life had been moving so swiftly with him that the beginning of these events finds him in that year overseer of his father’s great rancho down in Sonora, a Mexican of the better class, well educated as education went in those days, a good dancer as every girl in the section could bear witness, pleasure-loving, easy-going, and able to play the guitar very prettily. Sometimes––and more often as the weeks went by––he played and sang at the home of Reyes Feliz, a packer in his father’s employ; and Rosita, the packer’s daughter, liked his music well enough to encourage his visits.

Class counted then, as it does to this day in Mexico, and parents liked to have a hand in marriages. But Reyes Feliz was away from home a great deal with his train of mules, the landholder was busy at his own affairs; the girl was a beauty and the landholder’s son 27 had a winsome way with him. So one night Rosita took the horse which he brought for her and rode off with him to California.

They made their journey with their mounts and a single pack animal across the hot plains and arid mountains of the south, then up the long King’s Highway which the padres had beaten down nearly one hundred years before their time. It was winter and California winter means Eastern spring; green grass rippling in the soft breezes, poppy-fields and a rioting of meadow-larks to make their honeymoon ideal. They rode on northward into the Santa Clara valley where a gleaming mist of mustard blossoms hung under the great live oaks as far as the eye could reach; then they struck off eastward across the Coast Range and the flat lands of the San Joaquin, to climb into the red foot-hills where the Stanislaus comes out from the Sierras. Here they settled down and took a mining claim.

The feeling engendered by the Mexican War still rankled in many neighborhoods; and every mining camp had its lawless element whose members took full advantage of that prejudice against the conquered race. The claim proved rich enough to tempt some ne’er-do-wells. They gathered a crowd of their own breed and the mob came to the young pair’s cabin one evening with the purpose of jumping the property. When the owner made a show of resistance they bound him hand and foot, after which they subjected the girl to such abuses as will not bear the telling. She pleaded with her lover when the crowd had gone and managed to induce him to leave the place without attempting vengeance. They went to Columbia and within the month 28 were driven out by another anti-Mexican mob. Their next move took them to Murphy’s Diggings, where the boy got his job at dealing monte and was doing very well––until this evening came, and with it, tragedy.

He had been visiting his brother, who had come to California and settled near Murphy’s; and the latter had lent him a horse to ride home. As he was nearing the upper end of the camp a group of miners stepped out into the road before him and halted him. The horse had been stolen from one of their number and they were searching for it at the time.

They listened to his explanations and went with him to his brother who told them how he had bought the animal in good faith from a stranger. Whereat they seized the narrator, bound him, and hanged him to the nearest live-oak tree; then stripped the monte-dealer to the waist, tied him to the same tree, and flogged him until the blood ran down his bare back. After which they departed, satisfied that they had done their share to bring about law and order in a neighborhood where thefts were becoming altogether too frequent. But some of them mentioned in Murphy’s Diggings––during the brief space of time while they had the opportunity––the strange expression which came over their victim’s face while the lash was being applied. Each of these men spoke of the look as having been directed at himself. Had they been members of one of the dark-skinned races, to whom the vendetta is peculiarly an institution, they would have understood the purport of that look.

But none of them understood and the monte-dealer was left to keep his promise to his dead brother. He 29 turned his back upon the grave and went about the fulfilment of that vow as ambitious men go about the making of careers; and in the days that followed, while his swarthy company was sweeping through California like fire on a chaparral hillside when the wind is high, he gained a dark fame, so lasting that there is hardly an old settled community from Mount Shasta to the Mexican line which has not some tale of the bandit, Joaquin Murieta.

Sometimes during the weeks after the lynching a miner on his way to the gambling-houses after supper got a glimpse of Joaquin Murieta in the outskirts of Murphy’s Diggings, as he glided among the tents cloaked to his eyes in his serape. Occasionally a late reveler, returning to his cabin in the darkness, was startled by the sight of his figure beside the road, as black and silent as the night itself; or was chilled to dead sobriety by the vision of that drawn face confronting him on a narrow trail. And in the chilly mornings men going to their work came on the bodies of his victims in the soft red dust of path or wagon-track, or stumbled over them in the chaparral.

And now fear began to seize the survivors of that lynching party. By the time its twenty members had dwindled to something like a dozen, the succession of spectacles afforded by the companions whom they had been summoned to identify was getting on the stoutest nerves; the dullest imaginations were working feverishly. Some found friends to act as body-guards; others moved away to try their fortunes in new camps; but the body-guards could not be on duty all the time and the departing ones in most instances made the mistake 30 of confiding their intentions to acquaintances. All authorities agree that Joaquin Murieta managed to kill at least fifteen––and possibly two or three more––of the score whose faces he had so carefully imprinted on his memory while the lash was biting into his bare back.

When he had finished with the work which the first part of his vow demanded, he rode away from Murphy’s with Rosita and set about the task of gathering a band that he might be able to carry out the second half.

There were plenty of cutthroats in California during that spring of 1850, and no lack of Mexicans among them. Several swarthy leaders of banditti were then operating throughout the State. One of these was Manuel Garcia, better known as Three-Fingered Jack, who had been ranging over the Sonoma valley for several years, occasionally varying the monotony of murder by tying a victim to a tree and flaying him alive. Joaquin Valenzuela was another, a middle-aged outlaw who had learned the finer arts of bushwhacking down in Mexico under Padre Jurata, the famous guerrilla chief. There were also Claudio, a lean and seasoned robber from the mountains of Sonora, adept in disguises, skilful as a spy, able to mingle with the crowd in any plaza unrecognized by men who had known him for years; and Pedro Gonzales, a specialist at horse-stealing, who had driven off whole bands under the very noses of armed herders.

Every one of these leaders had his own ugly gang of riders and his own ill fame long before young Joaquin Murieta ceased dealing monte; and every one was getting rich pickings from pack trains, stage-coaches, valley ranches, and miners’ cabins. Yet within six 31 months they all turned over their bands and became lieutenants of the nineteen-year-old boy. That list of victims at Murphy’s Diggings, his superior breeding, and his finer intelligence gave him high standing from the beginning, but his greatest asset was the purpose which had driven him forth among them. They had robbed and killed and fled with the aimlessness of common murderers, but here was one with a definite plan, to leave the whole State a smoking shambles. They submitted their lives and fortunes to the possessor of this appealing idea.

During the first year, while organization was being perfected, Joaquin Murieta traveled through northern California with Rosita gathering recruits, establishing alliances among disaffected Mexicans, and spying out new fields for plunder. Gradually, as he accomplished these things, the bands under his different lieutenants began to rob and plunder more systematically, and the scene of their operations shifted with bewildering rapidity. To-day a number of travelers were dragged from their horses by the reatas of swarthy ambuscaders in the Tuolomne County foot-hills and to-morrow a rancher down in the valley found the bodies of his murdered herders to mark the beginning of the trail left by his stolen cattle. As the months went by suspicion that these different bands were working under one leader grew to certainty among the longer-headed officers. Then the name of Joaquin Murieta began to be spoken as that of the mysterious chief. He was quick to confirm the rumors of his leadership, and before the spring of 1851 was over he managed by grimly spectacular methods to let more than one community 32 know that he was responsible for some outrage which had startled its inhabitants.

That was the case in San JosÉ. A number of the robbers had swooped down into the Santa Clara valley and their chief was living with Rosita in the outskirts of the town, directing their raids, giving them such information regarding travelers and plunder as he was able to pick up by mixing with the crowds in the gambling-houses. A deputy sheriff by the name of Clark captured two of the marauders red-handed, and Murieta determined to make such an example of him as would put fear into the hearts of other officers.

In those days the fandango was a popular function in San JosÉ, which still retained all the characteristics of a Mexican pueblo, and there was not a night without the strumming of guitars and the lively stepping of the dancers in some public hall. Murieta went to one of these fandangos and, by arrangement with confederates, brought it about that Clark came to the place searching for a criminal.

The dancing was in full swing when the deputy entered; scores of lithe dark men and their black-eyed partners were whirling in the fervid Spanish waltz; but as he crossed the threshold a discordant note arose: disturbance broke out in a corner of the hall; a woman screamed; a knife-blade flashed. Clark shoved his way through the crowd and reached the fight in time to disarm a good-looking young Mexican who was flourishing the weapon; placed him under arrest and took him away to the nearest justice of the peace, who passed sentence of twelve dollars’ fine.

“I have not the money on me,” the prisoner said, 33 “but if this officer will go with me to my house I can get it there.” It was an easy-going period and such small matters as pulling a knife were of frequent occurrence. The deputy consented to the request and the pair went forth together from the lighted streets to the fringes of the town. They were talking pleasantly enough when they came to a dark place where willow thickets lined the road on either side.

Here the prisoner halted abruptly. “I am Joaquin Murieta,” he announced, “and I brought you here to kill you.” Upon which he stabbed Clark to the heart.

All this was told the next day in the streets of San JosÉ, but where the information came from no one knew. Murieta’s custom of sending out such tidings through confederates was not so well understood then as it came to be later.

From San JosÉ Murieta went northward into the Sacramento valley and took quarters with Rosita in Sonorian Camp, a Mexican settlement near Marysville. About twenty cutthroats under Valenzuela and Three-Fingered Jack began working in the neighborhood. The ambush was their favorite method––three or four in a party and one of the number ready with his reata. When this one had cast the noose of rawhide rope over the neck of some passing traveler and dragged him from the saddle into the brush the others killed the victim at their leisure. The number of the murders grew so appalling that Sheriff R. B. Buchanan devoted all his time to hunting down the criminals. Finally he got word of the rendezvous in Sonorian Camp and took a small posse to capture the leaders.

But the news of the sheriff’s expedition had preceded 34 him, and when they had crept upon the tent houses in the dark, as silent as Indians, the members of the posse found themselves encircled by unseen enemies whose pistols streaked the gloom with thin bright orange flashes. While the others were fighting their way out of the ambush Sheriff Buchanan emptied his own weapon in a duel with one of the robbers, and collapsed badly wounded in several places. Weeks later, during his recovery, Joaquin Murieta sent the sheriff word that he was the man who had shot him down.

Northward the band rode now from Marysville until they reached the forest wilderness near Mount Shasta, where they spent the most of the winter stealing horses. Before spring they went south again, traveling for the most part by night, and drove their stolen stock into the State of Sonora. Their loot disposed of and a permanent market established down across the line, Murieta led them back into California to begin operations on a more ambitious scale. He planned to steal two thousand horses and plunder the mining camps of enough gold-dust to equip at least two thousand riders who should sweep the State in such a raid as the world had not known since the Middle Ages.

In April––almost two years to a day after the monte-dealer had left his job at Murphy’s Diggings––six Mexicans came riding into the town of Mokelumne Hill, which lies on a bench-land above the river. A somewhat dandified sextet in scrapes of the finest broadcloth and with a wealth of silver on the trappings of their dancing horses, they passed up the main street into the outskirts where their countrymen had a neighborhood to themselves.

Here they took quarters in those tent-roofed cottages which were so common in the old mining camps, and now three of them appeared in their proper garb, well-gowned young housewives and discreet to a degree which must have exasperated those of their neighbors inclined to gossip. For these ladies had nothing to say concerning whence they had come or the business of their husbands. Two of those husbands were now spending much of their time in other camps and came home but seldom to pay brief visits to their wives. The third stayed here in Mokelumne Hill.

The days went by; the pack-trains jingled down out of the hills; the processions of heavy wagons lumbered up from the San Joaquin valley enwrapped in clouds of red dust; an endless stream of men flowed into the town on its bench-land above the caÑon where the river brawled. Men from all the world, they came and went, and the milling crowds absorbed those who lingered, nor heeded who they were. Gold was plentiful, and while the yellow dust was passing from hand to hand life moved so swiftly that no one had time to think of his neighbor’s business. The good-looking young Mexican was as a drop of water in a rapid stream.

When dusk crept up out of the caÑon and the candles filled the gambling-houses with floods of mellow radiance he mingled with the crowds. He drank with those who asked him and talked with those who cared to pass a word with him; talked about the output of the near-by gulches, the necessity of armed guards for the wagons and pack-trains, or the chances of capturing Joaquin Murieta. In spite of his good looks and expensive clothes he was about as unobtrusive as a Mexican 36 could be, which is saying a good deal at the period.

One April evening he was sitting at a monte-game. The gambling-hall was filled with raw-boned packers from the hills, dust-stained teamsters from the valley towns, miners from the diggings, and a riffraff of adventurers from no one knew––or cared––where. It was a booted crowd with a goodly sprinkling of red shirts to give it color, and weapons in evidence on every side. Here walked one with a brace of long-barreled muzzle-loading pistols in his belt, and there another with the handle of a bowie-knife protruding from his boot-top; and every one of those frock-coated dealers at the tables had a Derringer or two stowed away on that portion of his person which he deemed most accessible. The bartender kept a double-barreled shotgun under the counter across which the drinks were being served.

In the midst of this animated arsenal the dark-eyed young Mexican dandy sat placing his bets while the dealer turned the cards and luck came, after luck’s fashion, where it pleased. As he played, a group of miners just behind him began arguing about the bandit whose name was now famous all the way from Mount Shasta to the Mexican line. One of them, a strapping fellow with a brace of pistols at his waist, became impatient at something which another had said concerning the robber’s apparent invulnerability and raised his voice in the heat of his rejoinder.

“Joaquin Murieta!” he cried. “Say! I’d just like to see that fellow once and I’d shoot him down as if he was a rattlesnake.”

A noise behind him made him turn his head, and now, like all the others in that room, he stared at the 37 dandified young Mexican-who had leaped to the top of the monte-table and was standing there among the litter of cards and gold. His broadcloth serape was thrown back; his two hands moved swiftly to his belt and came away gripping a pair of pistols.

“I am Joaquin Murieta,” he shouted so loudly that his voice carried the length of the hall. “Now shoot!”

A moment passed; he stood there with his head thrown back, his dark eyes sweeping the crowd, but no man on the floor so much as moved a hand. Then laughing he sprang down and walked slowly among them to the front door. They fell away before him as he came and he vanished in the shadows of the narrow street before one of them sought to follow him.

The others of the sextet were waiting for him when he reached the Mexican quarter; their horses were saddled; and at a word from him they mounted. For he and his two lieutenants had finished their work; they knew all they cared to know about the gold trains and the caches of the miners, and this was to have been their last evening in camp. With their gathered information they rode southward to Arroyo Cantoova, in the foot-hills of the Coast Range at the western edge of the upper San Joaquin valley. This was the band’s new headquarters.

They remained here for some days resting before the next raid. Gold was plentiful among them; the leaders dressed with the splendor of noblemen; not one of those leaders––save Three-Fingered Jack––but had his mistress beside him decked out like a Spanish lady; nor one but rode a clean-limbed thoroughbred. When the hills were turning brown with summer’s beginning 38 young Murieta led them out across the range and southward to the country around Los Angeles.

Success had made him so serene that during the journey he sometimes forgot his grim vow of shedding blood and showed mercy to a victim who had no great store of gold. More than once Rosita induced him to spare the lives of prisoners; and if his career had ended at this time his name would have come down surrounded by legends of magnanimity. But as he went on now that large plan of bloodshed became more of a power in his life. And as it grew to master him he saw Rosita less; he sought more frequently the companionship of Three-Fingered Jack, who killed for killing’s sake alone. During the last two years he had often slipped away from his followers and stolen into the church of some near-by town, to recite the dark catalogue of his sins in the curtained confessional; but no priest heard him tell his misdeeds from this time on.

In the north end of Los Angeles, where the old plaza church fronts the little square of green turf and cabbage-palms, you can still find a few of the one-story adobe buildings which lined the streets on the July afternoon when Joaquin Murieta whispered into Deputy Sheriff Wilson’s ear.

He was a young man, this deputy, and bold, and he had come all the way from Santa Barbara to help hunt down the famous bandit whose followers were burning ranch buildings and murdering travelers from the summits of the southland’s mountains to the yellow beaches by the summer sea. Unlike many of the pueblo’s citizens, who had formed the habit of talking of such 39 matters in undertones and looking over their shoulders as they did so, for fear some lurking Mexican might be one of Murieta’s spies, he voiced his opinions loudly enough for all to hear. “Get good men together,” he said, “and smoke these robbers out. I’m ready to go with a posse any time.” He preached that gospel of action in the drinking-places, in the gambling-halls, and on the street, until the very vigor of his voice put new heart into the listeners. It was beginning to look as if young Deputy Sheriff Wilson had really started things moving.

On a hot July afternoon he was standing on the narrow sidewalk surrounded by a group whose members his enthusiasm had drawn out of doors. Few others were abroad; an occasional Mexican woman in her black skirt and tight-drawn reboso, a peon or two slouching gracefully by with the inevitable brown cigarette, and a solitary horseman who was coming down the street.

The men in the group were so intent on what the deputy was saying that none of them observed the approach of this horseman until he reined in his animal close to the sidewalk’s edge. Then they saw him lean from the saddle and whisper into Wilson’s ear.

What words passed from his lips these others never knew. There was not time for him to utter more than one or two; perhaps to tell his name. They saw his white teeth flashing in an unpleasant smile; and Wilson’s hand moved toward his gun. But in the middle of that movement the young officer pitched forward on his face. The sharp report of a pistol, the scrape of hoofs, the smell of black powder smoke, and the vision of 40 the rider through the tenuous wreaths as he whirled his horse about––these things came to the dazed witnesses in a sort of blur.

The sound of the shot awakened the drowsing street and many who ran to their doorways saw the murderer riding away at a swinging gallop. Some of these claimed to recognize him as Joaquin Murieta, and in the days that followed their statements were confirmed by captured members of the band.

Deputy Sheriff Wilson’s death aroused more men than his words had, and when General Joshua Bean began organizing two companies of militia during the weeks after the murder he found plenty of recruits. The officers were just getting the new companies into shape for an expedition against the bandits who were now ravaging most of the country south of the Tehachapi, when Murieta and Three-Fingered Jack waylaid General Bean one night near San Gabriel Mission, dropped the noose of a reata over his head, dragged him from his horse, and stabbed him through the heart. And the two companies of militia did nothing more.

Now, while posses were foundering their lathered horses on every southland road and the flames of blazing ranch buildings were throwing their red light on the faces of dead men almost every night, a lean and wind-browned Texan by the name of Captain Harry Love took a hand in the grim game of man-hunting.

He had gained his title during the Mexican War. As an express-rider for different American generals he had dodged the reatas of guerrilla parties who were lurking by water-holes and had outjockeyed swarthy horsemen in wild races across the flaming deserts of Sonora until 41 he had come to know the science of their fighting as well as old Padre Jurata himself. And when he started after Murieta’s men he did his hunting all alone.

One day he ran across the trail of Pedro Gonzales, the horse-thief, and another lieutenant named Juan, and followed it until he overtook the pair at the Buena Ventura rancho. Like most of his Southwestern breed he was a better man at action than at words, and so the story of the gun-fight which took place when he came upon them has never been told; but when the smoke of the three pistols cleared away Gonzales was in custody and Juan was riding hard toward the hills with the blood running over his face from a bullet’s furrow along his scalp. The fugitive found five others of the band in a sun-baked arroyo that night, told them the news of the catastrophe, and got a fresh horse to ride back with them and rescue their companion.

Captain Love was well on his way to Los Angeles with his prisoner when the sound of drumming hoofs came down the wind. He glanced over his shoulder and, on a hilltop half a mile behind, saw six horsemen coming after him at a dead run. If he had any doubt of the nature of that party he lost it when he turned his head in time to catch Gonzales waving a handkerchief to them.

The elements of the situation were simple enough,––the Texan’s jaded mount, the fresh horses of the pursuers, the desperation of the prisoner for whom the gallows was waiting in Los Angeles,––but most men would have wasted some time in determining on a solution. Love, who had learned in a hard school the value of seconds in such races as this, did not choose to 42 part with any more of his handicap than he had to. So he whipped out his pistol, shot Gonzales through the heart, and spurred his horse down the dusty road with enough start to distance the bandits into town.

That was the first noteworthy casualty the band had suffered. It was followed by the capture of young Reyes Feliz, Rosita’s brother, who was hanged in Los Angeles; and shortly afterward Murieta led his whole company northward into the oak-dotted hills back of San Luis Obispo where they lost twenty men––among them Claudio the expert spy––in a day-long battle with a posse of ranchers whom they had sought to ambush.

Then Joaquin Murieta rode back with the survivors to Arroyo Cantoova; and if Rosita, who had been sent with the other women to the rendezvous early in the summer, felt her heart leap when she saw her lover coming, she soon felt it sink again, for he spent but few moments in her company. Horses and gold and his large plan to sweep like fire through California––these were the only thoughts he had. Within a week he had divided the band into several parties, two of which under himself and Three-Fingered Jack went north to plunder the placer camps.

There is hardly an old town in the whole Bret Harte country that has not its stories of the raiding during the winter of 1852-53. With the knowledge which he and his lieutenants had gained at Mokelumne Hill the chief directed operations, but as the weeks went by the influence of Three-Fingered Jack grew until his methods were employed in every robbery. By December the list of wanton murders had grown so great that the State 43 of California offered a reward of five thousand dollars for Joaquin Murieta, alive or dead.

The notices announcing this reward were posted in Stockton one Sunday. The town was then the point of departure for the southern placer district, a lively place with craft of all kinds coming from San Francisco to tie up at its levee and an endless procession of wagons traveling out cross the flat lands of the San Joaquin valley to the foot-hills. Everything was running wide open and the sidewalks were crowded with men, most of whom were ready to take a rather long chance for five thousand dollars.

One of the bills, tacked to the flag-pole in the public square, attracted more readers than the others, and many a group gathered about it to discuss what show a bold man might have of earning the reward. The sidewalk loungers watched these debaters come and go until the thing was beginning to be an old story; and they were almost ready to turn their jaded attention elsewhere when a well-dressed Mexican came riding down the street, turned his fine horse into the square, and reined up before the flag-pole. The audience watched him leap from the saddle and write something at the bottom of the bill.

When he had touched his horse with the spurs and ridden away at a slow Spanish trot, one of the onlookers, more curious––or perhaps he was less lazy––than his fellows, sauntered over to read what had been written; and when he read it waved his hand in so wild a gesture that every one who saw him came running to the flag-pole. At the bottom of the placard with its offer of five 44 thousand dollars’ reward for Joaquin Murieta, alive or dead, they found this subscription set down in a good bold hand:

“And I will pay ten thousand dollars more. Joaquin Murieta.”

Faith in the State’s promise rather than that of the robber sent many riders out of Stockton that day to scour the willow thickets by the river and the winding tulle sloughs. The posses were speeding back and forth all night long and the excitement attending their comings and goings lasted into Monday. So there were few on hand to watch the departure of a schooner for San Francisco that morning.

She left the levee with her crew of three and with two passengers, miners from San Andreas who were taking out about twenty thousand dollars in gold-dust. The crew let out the sails, the canvas bellied before the easy breeze, the schooner glided down the reed-lined slough whose smooth waters held her reflection like a mirror. Flocks of wild fowl rose before her as she came along.

A rowboat shot out of the tulles just ahead of her. The helmsman took one look at the five men in the little craft and dropped his tiller to pick up a double-barreled shotgun. He shouted to the sailors; they sprang for weapons, and the two miners in the cabin leaped up the companion stairs, their pistols in their hands. Before the foremost was half-way up the flight the shooting had begun; he gained the deck in time to see the body of the helmsman drooping over the swinging tiller, overhung by a thin white cloud of powder-smoke. The small boat lay alongside with a dead man huddled between the thwarts. The other four bandits were swarming over 45 the rail, firing at the sailors on the forward deck as they came.

It was a short fight and sharp. When it ended every man in the ship’s company was lying dead or mortally wounded and two of the robbers were killed. Murieta and Three-Fingered Jack lingered aboard long enough to lower the gold-dust overside into the small boat and set fire to the schooner; and the pillar of black smoke drew horsemen from Stockton in time to hear the story which the dying men gasped out.

Up in Sacramento where the State legislature was considering the extermination of Joaquin Murieta some weeks later the Stockton incident was used by a lean and wind-browned lobbyist as an argument for a company of rangers, and this argument by Captain Harry Love had much to do with the passage of the bill authorizing such a body under his leadership.

From Stockton the two companies of bandits fled southward up the San Joaquin valley and brought more than fifty thousand dollars in gold-dust to Arroyo Cantoova. Then Murieta took seventy men and rode back to make his final raid on the placer camps. Three-Fingered Jack went by his side: the only human being whose companionship he shared. What talks those two men had together one can only guess from the nature of the deeds that followed. No miner was too small game for the chief now, he slit the throats of Chinamen for their garnerings from worked-over tailings, he tortured teamsters to learn where they kept their wages hidden, and where he passed during the night men found corpses in the morning, until those of his own countrymen who had befriended him in other days turned 46 against him and betrayed his hiding-places to the officers, and the whole foot-hill country from the Tuolomme to the Feather River was patrolled by riders hunting him.

In Hornitas he sought out a Mexican who had notified a posse of his presence in the neighborhood, shot him down at broad noonday on the main street, and galloped away with the pistol-bullets of his pursuers raising little spurts of dust about his horse’s flying hoofs. A few weeks later he revisited the town; killed a deputy sheriff who sought to capture him; and then hanged another of his countrymen, who had informed the officer of his hiding-place.

One spring day he was riding alone in the foot-hills of Calaveras County when he came on a party of twenty-five miners at the head of a box caÑon. They were encamped in a sort of amphitheater among the rocks with steep walls on three sides and only one outlet, a narrow Digger trail along the cliff a hundred feet above the brawling stream.

Murieta had ridden up the ravine by that dangerous pathway and now he was sitting with one leg thrown over his saddle-horn, talking to the members of the party. They were on their way out from some winter diggings, they told him, and they had plenty of dust with them. He spoke of Joaquin Murieta and they pointed to their belts; they were heavily armed, every man of them. Why should they fear the bandit? He let his eyes go around the place taking quick appraisal of their numerous pack and saddle animals, their camp equipment, their plump buckskin sacks––rich booty if only he had a party of cutthroats at his heels. But he 47 was alone; the best he could do was to put a good face on the matter and, in his rÔle of honest traveler, learn what he could, to store it up for future reference.

He was doing this and getting on very nicely at it, when one of the party, who had gone down to the stream for water before his arrival, came climbing up among the rocks with two filled buckets. The man looked up at hearing a stranger’s voice and Murieta glanced down at the same instant. The eyes of each proclaimed recognition. For the water-carrier was James Boyce, who had played monte over the table of the good-looking young dealer many a night in Murphy’s Diggings.

Boyce dropped the buckets of water and, drawing his pistol, “Boys!” he shouted, “That’s Murieta. Shoot him!” Then he fired.

But Murieta had wheeled his horse and was already spurring it on a dead run down the gulch. The miners were lining their sights on him; and now the caÑon walls echoed to the volley they sent after him.

He gained the trail along the cliff. A bullet knocked off his hat and his long hair streamed behind him as the horse leaped out on the narrow path. The rocks spurned by its flying hoofs dropped over the brink into the roaring stream one hundred feet below. The leaden slugs that sang about the rider’s head chipped bits from the sheer wall beside him. He drew his bowie-knife and brandished it as high as his arm could reach.

“I am Murieta,” he shouted, turning in the saddle to look back at them. “Kill me if you can.”

The cliff on one side was so close that he scraped it with his stirrup and on the other side the horse’s 48 upflung hoofs hung in mid-air beyond the brink. The weapons flamed behind him at the caÑon-head. Their bullets rained on the rocks about him as he flourished his knife in a final gesture of defiance and passed round a turn of the trail beyond sight of his enemies.

But Boyce and his companions were a hardy crowd, and instead of letting the incident end here they broke camp the next morning to follow Murieta’s trail. They traced him without much trouble down the caÑon, over a ridge and into another steep-walled gulch, where they came on tracks of fourteen others of the band. From this point the robbers had struck off toward the high country.

All that day the miners climbed the tall ridges where the sugar-pines stood like enormous pillars in the vast cathedral of the out of doors, until night found them in the midst of the forest right under the bare granite peaks. Here they made camp, and when the cold breath of the snow-fields came down upon them they kindled a great fire. They lounged about the flaming logs smoking their pipes and warming their wearied limbs. Beyond the circle of firelight the enshadowed woods gave forth no sound to tell them that fifteen men were crawling through those black aisles among the trees like fifteen swarthy snakes.

The click of a pistol-hammer coming to full cock brought one of the lounging miners to his feet. He fell forward in the instant of his rising, and the woods gave back a hundred crashing echoes to the volley which the bandits fired. Their aim was so true––for they had stolen close in and taken good time to settle themselves before cocking their weapons––that when the 49 echoes died away fifteen men were lying dead and dying in the red light of that fire.

The others were springing for their pistols, for nearly every one of the miners had laid aside his belt to ease himself, but before one of them had pulled a trigger there came the crackling of a second fusillade and seven fell. Then Boyce and two of his companions leaped outside that fatal circle of radiance in time to save themselves. As they were creeping away in the darkness they saw Joaquin Murieta and Three-Fingered Jack rush into the camp waving their bowie-knives exultantly above their heads, and for a long time afterward they heard the band whooping like Apaches while they killed the wounded.

Murieta and his company rode away from this massacre with thirty thousand dollars in gold-dust and about forty horses as their loot. But the story which Boyce and the other two survivors told turned the mining towns into armed camps; and now Sheriff Charles Ellis of Calaveras County started so fierce a warfare against the bandits that they had to flee the country.

When Murieta rode back to Arroyo Cantoova that spring, a closely hunted fugitive, he found that Rosita had deserted him for an American settler by the name of Baker. Even at this critical period when he was beginning actual preparations for his enormous raid he took the time to track her to a cabin among the hills nearly a hundred miles from the rendezvous. He shot her down and set fire to the place, but perhaps the very frenzy of his anger blinded him or perhaps he rushed away in horror of his own deed, for she survived 50 her wounds, the only one of his victims who lived when he had the time to kill, and showed the scars to officers years afterward.

The boy who had taken her northward so short a time ago––for his years were barely a man’s years yet––rode back to Arroyo Cantoova and the one thing he had in life––his plan.

Captain Harry Love and his company of twenty rangers rode down the King’s Highway into the little town of San Juan. In the plaza, where the California poppies bloom to-day before the cloistered arches of the mission as they bloomed on that July afternoon in 1853, the dusty horsemen drew rein outside the old adobe inn. Their captain dismounted and went inside and while he stayed the others lounged in their deep stock saddles smoking cigarettes or eased the cinches to rest their sweaty horses; a sunburned troop and silent as men who know they have large work ahead of them.

An hour passed and Captain Love came out, to swing into his saddle and ride off without a word with the twenty behind him. They followed the King’s Highway where it looped upward along the flanks of San Juan Hill, came down the other side into the Salinas valley––the Salinas plains, men called it then––and made camp near the river.

That night Captain Love told them what he had learned in the Plaza Inn at San Juan where Joaquin Murieta had often come to confer with friendly Spanish Californians in other days. One of these former friends had betrayed to him the rendezvous at Arroyo Cantoova 51 and told him how to reach the place by a pass across the Coast Range near Paso Robles.

The ranger company rode on southward day after day until the wind-swept plain grew narrower between oak-dotted hills; then turned eastward to climb among a tangle of grassy mountains scorched by the sun to the color of a lion’s coat. They crossed the divide and descended into the upper valley of the San Joaquin. And one morning, when they were following the trail of several horsemen, they saw the thin smoke of a little camp-fire rising from the ravine-bed ahead of them. Captain Love deployed his company to close in on the place from three sides, and sent one man to the rear with orders to hang back until the others had all ridden in. The man was William Byrnes who had known Joaquin Murieta well in the days before that lynching at Murphy’s Diggings.

Murieta was washing his thoroughbred mare in the bed of the ravine. She stood, without halter or tie-rope, as docile as a dog while he laved her fine limbs with a dampened cloth. His saddle lay about ten or fifteen yards away with his pistols in the holsters beside the horn. Four or five bandits were cooking their breakfast over the fire; and Three-Fingered Jack lay at a little distance, sprawled full-length in the morning sunshine like a basking rattlesnake. The mare raised her head; her ears went forward, and Murieta glanced up in time to see the rangers riding in across the pale saffron ridges from three sides.

They came at a dead run. Before he could reach 52 his saddle one of the company had pulled up between him and the weapons. Captain Love was leaning from his horse questioning Three-Fingered Jack. Murieta took another step toward his weapons; the ranger stopped him with a gesture; he halted, glanced at Captain Love, and scowled.

“If you have any questions to ask,” he cried, “I am leader of this party. Talk to me.”

“I’ll talk to whom I please,” Love answered, and just then William Byrnes came riding into sight.

Murieta took one look at the man whom he had known in the days when he walked unfeared among his fellows and let his eyes go around the circle of riders; he saw Three-Fingered Jack watching him narrowly. His hand stole up along the mare’s glossy neck. Her ears moved back and forth as she stood there biding some word from him.

Then, “Vamos, amigos!” he shouted, and sprang on the mare’s back. He leaned far forward as she leaped down the bed of the ravine.

Three-Fingered Jack took advantage of the moment of confusion that followed to mount his own horse, and half the rangers followed him across the grass ridge firing as they went. He fought a running battle with them for five miles before they shot him down.

Murieta lay along the mare’s back like an Indian. The hoofs of the pursuing company thundered behind him in the ravine-bed; their bullets spattered on the rocks about him. Before him the land broke in a twenty-foot precipice. He called into the mare’s ear and she headed bravely for the cliff, leaped out into space, and turned a complete somersault at the bottom. 53 He rolled among the rocks beside her, lay for a moment stunned, then rose and found her waiting for him where she had gained her feet. He sprang to her back again and urged her on.

Several of the rangers were pressing their horses along the hillside to gain the bed of the ravine by that roundabout route; one who had ridden full-tilt over the cliff lay stunned beside his injured animal; and three or four others had dismounted. These lined their sights on the fleeing mare, and now her legs went from under her; she crashed down with the blood gushing from her nostrils.

The rangers rested their rifles for more careful aim as the rider started to flee on foot. The volley raised rattling echoes in the hills. He took four or five strides and then, halting, faced about. He raised one hand.

“No more,” he called. “Your work is done.”

And as they slowly came toward him, their rifles ready to fly to their shoulders at the first suspicious movement, Joaquin Murieta swayed slightly and sank slowly into a heap near the dead mare. The breath was gone from his body when they reached it.