As now we are all settled down to our various occupations, Yank of patience, Johnny of delighted adventuring, and myself of dogged industry, it might be well to give you some sort of a notion of Italian Bar, as this new camp was called. I saw a great deal of it, more than I really wished, for out of working hours I much frequented it in the vague hope of keeping tabs on its activities for Johnny’s sake.

It was situated on one of the main overland trails, and that was possibly the only reason its rich diggings had not been sooner discovered–it was too accessible! The hordes of immigrants dragged through the dusty main street, sometimes in an almost unending procession. More of them hereafter; they were in general a sad lot. Some of them were always encamped in the flats below town; and about one of the stores a number of them could be seen trying to screw their resolution up to paying the appalling prices for necessities. The majority had no spare money, and rarely any spirit left; and nobody paid much attention to them except to play practical jokes on them. Very few if any of this influx stopped at Italian Bar. Again it was too accessible. They had their vision fixed hypnotically on the West, and westward they would push until they bumped the Pacific Ocean. Of course a 299 great many were no such dumb creatures, but were capable, self-reliant men who knew what they were about and where they were going. Nobody tried to play any practical jokes on them.

Of the regular population I suppose three fourths were engaged in gold washing. The miners did not differ from those of their class anywhere else; that is to say, they were of all nationalities, all classes of life, and all degrees of moral responsibility. They worked doggedly and fast in order to get as much done as possible before the seasonal rains. When night fell the most of them returned to their cabins and slept the sleep of the weary; with a weekly foray into town of a more or less lurid character. They had no time for much else, in their notion; and on that account were, probably unconsciously, the most selfish community I ever saw. There was a great deal of sickness, and many deaths, but unless a man had a partner or a friend to give him some care, he might die in his cabin for all the attention any one else would pay him. In the same spirit only direct personal interest would arouse in any of them the least indignation over the only too frequent killings and robberies.

“They found a man shot by the Upper Bend this morning,” remarks one to his neighbour.

“That so? Who was he?” asks the other.

“Don’t know. Didn’t hear,” is the reply.

The barroom or street killings, which averaged in number at least two or three a week, while furnishing more excitement, aroused very little more real interest. Open and above-board homicides of that sort were always the 300 result of differences of opinion. If the victim had a friend, the latter might go gunning for his pal’s slayer; but nobody had enough personal friends to elevate any such row to the proportions of a general feud.

All inquests were set aside until Sunday. A rough and ready public meeting invariably brought in the same verdict–“justifiable self-defence.” At these times, too, popular justice was dispensed, but carelessly and not at all in the spirit of the court presided over by John Semple at Hangman’s Gulch. A general air of levity characterized these occasions, which might strike as swift and deadly a blow as a shaft of lightning, or might puff away as harmlessly as a summer zephyr. Many a time, until I learned philosophically to stay away, did my blood boil over the haphazard way these men had of disposing of some poor creature’s destinies.

“Here’s a Mex thief,” observed the chair. “What do you want done with him?”

“Move we cut off his ears!” yelled a voice from the back of the crowd.

“Make it fifty lashes!” shouted another.

A wrangle at once started between the advocates of cropping and the whip. The crowd wearied of it.

“Let the - - - go!” suggested someone.

And this motion was carried with acclamation. No evidence was offered or asked as to the extent of the man’s guilt, or indeed if he was guilty at all!

The meeting had a grim sense of humour, and enjoyed nothing more than really elaborate foolery. Such as, for example, the celebrated case of Pio Chino’s bronco.

301Pio Chino was a cargador running a train of pack-mules into some back-country camp. His bell mare was an ancient white animal with long shaggy hair, ewe neck, bulging joints, a placid wall eye, the full complement of ribs, and an extraordinarily long Roman nose ending in a pendulous lip. Yet fifteen besotted mules thought her beautiful, and followed her slavishly, in which fact lay her only value. Now somebody, probably for a joke, “lifted” this ancient wreck from poor Chino on the ground that it had never been Chino’s property anyway. Chino, with childlike faith in the dignity of institutions, brought the matter before the weekly court.

That body took charge with immense satisfaction. It appointed lawyers for the prosecution and the defence.

Prosecution started to submit Chino’s claim.

Defence immediately objected on the ground that Chino, being a person of colour, was not qualified to testify against a white man.

This point was wrangled over with great relish for an hour or more. Then two solemn individuals were introduced as experts to decide whether Chino was a man of colour, or, as the prosecution passionately maintained, a noble, great-minded and patriotic California member of the Caucasian race.

“Gentlemen,” the court addressed this pair, “is there any infallible method by which your science is able to distinguish between a nigger and a white man?”

“There is,” answered one of the “experts.”

“What?”

“The back teeth of a white man have small roots reaching 302 straight down,” expounded the “expert” solemnly, “while those of a negro have roots branching in every direction.”

“And how do you expect to determine this case?”

“By extracting one or more of the party’s back teeth,” announced the “expert” gravely, at the same time producing a huge pair of horseshoeing nippers.

Chino uttered a howl, but was violently restrained from bolting. He was understood to say that he didn’t want that mare. I should not have been a bit surprised if they had carried the idea of extraction to a finish; but the counsel for defence interposed, waiving the point. He did not want the fun to come to that sort of a termination.

Prosecution then offered the evidence of Chino’s brand. Now that old mare was branded from muzzle to tail, and on both sides. She must have been sold and resold four or five times for every year of her long and useful life. The network of brands was absolutely indecipherable.

“Shave her!” yelled some genius.

That idea caught hold. The entire gathering took an interest in the operation, which half a dozen men performed. They shaved that poor old mare from nose to the tip of her ratlike tail. Not even an eye-winker was left to her. She resembled nothing so much as one of the sluglike little Mexican hairless dogs we had seen on the Isthmus. The brands now showed plainly enough, but were as complicated as ever in appearance. Thunders of mock forensic oratory shook the air. I remember defence acknowledged that in that multiplicity of lines the figure of Chino’s brand could be traced; but pointed to the stars of the heavens and the figures of their constellations to 303 prove what could be done by a vivid imagination in evolving fancy patterns. By this time it was late, and court was adjourned until next week.

The following Sunday, after a tremendous legal battle, conducted with the relishing solemnity with which Americans like to take their fooling, it was decided to call in an expert on brands, and a certain California rancher ten miles distant was agreed upon.

“But,” objected the defence, “he is a countryman of the complainant. However honest, he will nevertheless sympathize with his own blood. Before the case is put before him, he should view these brands as an unprejudiced observer. I suggest that they be transcribed to paper and submitted to him without explanation.”

This appealed to the crowd. The astonished mare was again led out, and careful drawings made of her most remarkable sides. Then the case was again adjourned one week.

On that day the Californian was on hand, very grave, very much dressed up, very flattered at being called as an expert in anything. The drawing was laid before him.

“Don Luis,” said the court formally, “what do you, as expert, make of that?”

Don Luis bent his grave Spanish head over the document for some minutes. Then he turned it upside down and examined it again; sideways; the other end. When he looked up a little twinkle of humour lurked deep in his black eyes, but his face was solemn and ceremonious.

“Well, Don Luis,” repeated the court, “what do you make of it?”

304“SeÑor,” replied Don Luis courteously, “it looks to me like a most excellent map of Sonora.”

When the crowd had quieted down after this, the court ordered the animal brought forth.

“May it please y’r honour, the critter got a chill and done died,” announced the cadaverous Missourian, to whose care the animal had been confided.

“H’m,” said the court. “Well, here’s the court’s decision in this case. Pio Chino fined one drink for taking up our valuable time; Abe Sellers fined one drink for claiming such an old crow-bait on any grounds; Sam is fined one drink for not putting a blanket on that mare.” (“I only got one blanket myself!” cried the grieved Missourian.) “The fines must be paid in to the court at the close of this session.”

Hugely tickled, the meeting arose. Pio Chino, to whom the tidings of his bell mare’s demise was evidently news, stood the picture of dejected woe. His downcast figure attracted the careless attention of one of the men.

“Here boys!” he yelled, snatching off his hat. “This ain’t so damn funny for Chino here!” He passed the hat among the crowd. They tossed in gold, good-naturedly, abundantly, with a laugh. Nobody knows what amount was dumped into the astounded Chino’s old sombrero; but the mare was certainly not worth over fifteen dollars. If some one had dragged Chino before that same gathering under unsupported accusation of any sort, it would as cheerfully and thoughtlessly have hung him.

Of the gambling places, one only–that conducted by Danny Randall and called the Bella Union–inspired any 305 sort of confidence. The other two were frequented by a rough, insolent crew, given to sudden silences in presence of newcomers, good-humoured after a wild and disconcerting fashion, plunging heavily at the gaming tables and drinking as heavily at the bars. This is not to imply that any strong line of demarcation existed between the habitues of one or the other of these places. When an inhabitant of Italian Bar started out for relaxation, he visited everything there was to visit, and drifted impartially between Morton’s, Randall’s Bella Union, and the Empire. There was a good deal of noise and loud talk in any of them; and occasionally a pistol shot. This was generally a signal for most of the bystanders to break out through the doors and windows, and for the gayly inclined to shoot out the lights. The latter feat has often been cited admiringly as testifying to a high degree of marksmanship, but as a matter of fact the wind and concussion from the heavy revolver bullets were quite sufficient to put out any lamp to which the missiles passed reasonably close. Sometimes these affrays resulted in material for the Sunday inquests; but it is astonishing how easily men can miss each other at close range. Most of the shootings were the results of drunken quarrels. For that reason the professed gunmen were rarely involved. One who possessed an established reputation was let alone by the ordinary citizen; and most severely alone by the swaggering bullies, of whom there were not a few. These latter found prey for their queer stripe of vanity among the young, the weak, and the drunken. I do not hesitate to say that any man of determined character could keep out of trouble even in the worst days of the camp, provided 306 he had no tempting wealth, attended to his own affairs, and maintained a quiet though resolute demeanour.

When in camp Johnny and his two companions shone as bright particular stars. They were only boys, and they had blossomed out in wonderful garments. Johnny had a Californian sombrero with steeple crown loaded with silver ornaments, and a pair of Spanish spurs heavily inlaid with the same metal, a Chinese scarf about his neck, and a short jacket embroidered with silver thread. But most astonishing of all was a large off-colour diamond set in a ring, through which he ran the ends of his scarf. Parenthetically, it was from this that he got his sobriquet of Diamond Jack. I had a good deal of fun laughing at Johnny, but he didn’t mind.

“This diamond,” he pointed out, “is just as good as gold dust, it’s easier carried, and I can have some fun out of it.”

I am afraid he and Old Hickory Pine and Cal Marsh did a bit of swaggering while in town. They took a day to the down trip, and jogged back in a day and a half, stopping in Sacramento only the extra half day. Then they rested with us one day, and were off the next. Thus they accomplished seven or eight trips in the month. Both Old and Cal had the reputation of being quick, accurate shots, although I have never seen them perform. As the three of them were absolutely inseparable they made a formidable combination that nothing but an organized gang would care to tackle. Consequently they swaggered as much as they pleased. At bottom they were good, clean, attractive boys, who were engaged in an adventure that was thrilling 307 enough in sober reality, but which they loved to deck forth in further romance. They one and all assumed the stern, aloof, lofty pose of those whose affairs were too weighty to permit mingling with ordinary amusements. Their speech was laconic, their manners grave, their attitude self-contained. It was a good thing, I believe; for outside the fact that it kept them out of quarrels, it kept them also out of drinking and gambling.

I made many acquaintances of course, but only a few friends. The best of these were Dr. Rankin and Danny Randall. Strangely enough, these two were great pals. Danny had a little room back of the Bella Union furnished out with a round table, a dozen chairs, and a sofa. Here he loved to retire with his personal friends to sip drinks, smoke, and to discuss all sorts of matters. A little glassless window gave into the Bella Union, and as the floor of the little room was raised a foot or so, Danny sat where he could see everything that went on. These gatherings varied in number, but never exceeded the capacity of the dozen chairs. I do not know how Danny had caused it to be understood that these were invitation affairs, but understood it was, and no one ever presumed to intrude unbidden into the little room. Danny selected his company as the fancy took him.

As to why he should so often have chosen me I must again confess ignorance. Perhaps because I was a good listener. If so, the third member of a very frequent triumvirate, Dr. Rankin, was invited for the opposite quality. The doctor was a great talker, an analyst of conditions, and a philosophical spectator. The most 308 frequent theme of our talks was the prevalence of disorder. On this subject the doctor had very decided views.

“There is disorder because we shirk our duty as a community,” he stated, “and we shirk our duty as a community because we believe in our hearts that we aren’t a community. What does Jones or Smith or Robinson or anybody else really care for Italian Bar as a place; or, indeed, for California as a place? Not a tinker’s damn! He came out here in the first place to make his pile, and in the second place to have a good time. He isn’t dependent on any one’s good opinion, as he used to be at home. He refuses to be bothered with responsibilities and he doesn’t need to be. Why a pan miner needn’t even speak to his next neighbour unless he wants to; and a cradle miner need bother only with his partners!”

“Miners’ meetings have done some pretty good legislation,” I pointed out.

“Legislation; yes!” cried the doctor. “Haven’t you discovered that the American has a perfect genius for organization? Eight coal heavers on a desert island would in a week have a full list of officers, a code of laws, and would be wrangling over ridiculous parliamentary points of order in their meetings. That’s just the trouble. The ease with which Americans can sketch out a state on paper is an anodyne to conscience. We get together and pass a lot of resolutions, and go away with a satisfied feeling that we’ve really done something.”

“But I believe a camp like this may prove permanent,” objected Randall.

“Exactly. And by that very fact a social obligation 309 comes into existence. Trouble is, every mother’s son tries to escape it in his own case. What is every one’s business is no one’s business. Every fellow thinks he’s got away from being bothered with such things. Sooner or later he’ll find out he hasn’t, and then he’ll have to pay for his vacation.”

“We never stood for much thieving at Hangman’s Gulch,” I interposed.

“What did you do?”

“We whipped and sent them about their business.”

“To some other camp. You merely passed on your responsibility; you didn’t settle it. Your whipping merely meant turning loose a revengeful and desperate man. Your various banishments merely meant your exchanging these fiends with the other camps. It’s like scattering the coyotes that come around your fire.”

“What would you do, Doctor?” asked Randall quietly; “we have no regular law.”

“Why not? Why don’t you adopt a little regular law? You need about three in this camp–against killing, against thievery, and against assault. Only enforce in every instance, as far as possible.”

“You can’t get this crowd to take time investigating the troubles of some man they never heard of.”

“Exactly.”

“And if they get too bad,” said Danny, “we’ll have to get the stranglers busy.”

“Confound it, man!” roared Dr. Rankin, beating the table, “that’s just what I’ve been trying to tell you. You ought not to care so much for punishing as for deterring. 310 Don’t you know that it’s a commonplace that it isn’t the terrifying quality of the penalty that acts as a deterrent to crime, but it’s the certainty of the penalty! If a horse thief knows that there’s merely a chance the community will get mad enough to hang him, he’ll take that chance in hopes this may not be the time. If, on the other hand, he knows that every time he steals a horse he’s going to be caught and fined even, he thinks a long time before he steals it.”

“All that’s true, Doctor,” said Danny, “as theory; but now I’m coming to bat with a little practice. Here’s the camp of Italian Bar in the year 1849. What would you do?”

“Elect the proper officers and enforce the law,” answered the doctor promptly.

“Who would you elect?”

“There are plenty of good men here.”

“Name me any one who would take the job. The good men are all washing gold; and they’re in a hurry to finish before the rains. I don’t care who you’re about to name–if anybody; this is about what he’d say: ‘I can’t afford to leave my claim; I didn’t come out here to risk my life in that sort of a row; I am leaving for the city when the rains begin, and I don’t know that I’ll come back to Italian Bar next season!’”

“Make it worth their while. Pay them,” insisted the doctor stoutly.

“And how’s the money to pay them to be collected? You’d have to create the officers of a government–and pay them.”

311“Well, why not?”

“At the election, who would take interest to elect a decent man, even if you could get hold of one? Not the other decent men. They’re too busy, and too little interested. But the desperadoes and hard characters would be very much interested in getting some of their own stripe in office. The chances are they would be coming back to Italian Bar next season, especially if they had the legal machinery for keeping themselves out of trouble. You’d simply put yourself in their power.”

Dr. Rankin shook his head.

“Just the same, you’ll see that I am right,” he prophesied. “This illusion of freedom to the social obligation is only an illusion. It will have to be paid for with added violence and turmoil.”

“Why, I believe you’re right as to that, Doctor,” agreed Danny, “but I’ve discovered that often in this world a man has to pay a high price for what he gets. In fact, sometimes it’s very expedient to pay a high price.”

“I can foresee a lot of violence before the thing is worked out.”

At this point the doctor, to his manifest disgust, was summoned to attend to some patient.

“That all sounds interesting,” said I to Danny Randall once we were alone, “but I don’t exactly fit it in.”

“It means,” said Danny, “that some day Morton’s gang will go a little too far, and we’ll have to get together and string some of them up.”