trict Criminal Court for trial, and on each occasion his counsel found a "flaw" in the indictment, which quashed the proceedings. These delays and defects in the law were working the suffering people up to madness. This is only one case, but it may be taken as a fair specimen of the general inefficiency of the judicial officers and tribunals in punishing crime. The grand juries were continually making formal complaints that their presentments were disregarded, and that criminals were somehow never convicted and punished, while generally their trials were so long delayed that the prisoners either escaped from confinement, or the essential witnesses in the case had gone nobody knew whither; and so the prosecutions failed. San Francisco was truly in a desperate condition at this period of its history. Though few arrests were made in proportion to the number of offences actually committed, yet it may be mentioned, that, to take one instance, on Monday morning, the 9th June of this year, there were thirtysix cases before the Recorder's Criminal Court from one district. alone (the second), out of the eight composing the city. "Of the whole," we quote from a journal of the time, "six were for drunkenness, six for fighting, six for larceny, three for stabbing, one for burglary, four for fast riding, four for assaulting officers, three for keeping disorderly houses, one for an attempt at robbery," &c. Yet the previous day, Sunday, on which these of fences had been committed, had been remarked by the press as having been unusually quiet and decently observed—without any noise or crime worth noticing.

Of this date an ordinance was passed by the council boards, and approved of by the mayor, granting to Mr. Arzo D. Merrifield and his assigns, the privilege of introducing fresh water by pipes into the city. It had happened at the various fires that the numerous public water reservoirs were either wholly or partially empty; and great difficulty was at all times experienced in filling them. This reason, as well as the desire to have an abundant supply of pure, fresh water for household purposes, had long led parties to consider the best means of bringing it into the city by pipes from a distance. Various schemes were talked of among the public, and discussed in the journals. The plan of Mr. Merrifield to bring

water from a small lagoon, called the "Mountain Lake," situated about four miles west of the plaza, and which was well supplied by springs, was at length approved of by the common council, and under the ordinance noticed the projector became entitled to certain privileges for the term of twenty-five years, upon condition of his plans being carried into effect. Mr. Merrifield, his associates and assigns, were authorized to break open the streets, and lay down water-pipes in the same, upon properly filling up and replacing the openings. The quantity of water to be provided in a general reservoir, and the amount of discharge by pipes, were both fixed; while provision was made for the amount of rates to be paid by the citizens using the water, which rates were to be adjusted by a board of commissioners to be chosen annually by the common council. At the end of twentyfive years, from and after the 1st day of January, 1853, the entire water-works were to be deeded to the city, in consideration of the privileges and benefits that might accrue to the projector and his assigns and associates during the said term of years. The corporate authorities were also to be entitled to the gratuitous use of the water for the purpose of extinguishing fires, and for hospital and other purposes. In terms of this act, Mr. Merrifield granted a bond for fifty thousand dollars that the works should be completed on or before the 1st of January, 1853.

The gentleman named having conveyed his privileges to a joint-stock company, called the "Mountain Lake Water Company," another ordinance was, of date 14th of July, 1852, passed and approved of, whereby the former one was amended to the following effect, viz. : That the new company should only be entitled to the privileges granted by the first ordinance for the term of twenty years :-that the board of commissioners to fix the rates payable by those who used the water should be chosen, three by the common council, and two by the Mountain Lake Water Company, under the regulations specified in the ordinance-that the term within which the works should be completed should be extended to the 1st of January, 1854, provided the Water Company should expend fifty thousand dollars on the works within six months of the date of the ordinance, and at least a similar sum every six months thereafter until the said last

mentioned date :-that the privileges granted to the said Water Company should be exclusive for the term of five years after 1st of January, 1853;-and, lastly, that the said ordinance should expire at such time after the 1st day of January, 1855, as the said Water Company should refuse, or be unable, to supply the city, at such elevation as the common council should fix, "one million of gallons of pure and wholesome fresh water during every twenty-four hours."

JUNE 11th. The "Vigilance Committee" is at last formed, and in good working order. They hanged at two o'clock this morning upon the plaza one Jenkins, for stealing a safe. For the particulars of the trial and execution, we refer the reader to a subsequent chapter, where also will be found an account of the other doings of this celebrated association.

CHAPTER XVII.

1851.

The sixth great fire.-Destruction of old buildings.-Execution by the Vigilance Committee of Stuart, Whittaker and McKenzie.-County and city elections.-The Vigilance Committee suspend operations.-Wells & Co. suspend payment.-Opening of the Jenny Lind Theatre.-The American Theatre opened.-Shipping in San Francisco Bay.-Ball of the Monumental Fire Company.-Indian disturbances and volunteer military companies.--Severe storm.

JUNE 22d. The sixth great fire. It began a few minutes before eleven o'clock in the morning, in a frame house situated on the north side of Pacific street, close to Powell street. The high winds which usually set in about this hour from the ocean during the summer season, speedily fanned the flames, and drove them south and east. All day they spread from street to street, consuming one building-square after another. The water reservoirs happened to be nearly empty, and even where the firemen had water enough for the engines, their exertions were of little use in stopping the conflagration. Nor was it much better with the hook and ladder companies, whose useful operations were thwarted by the owners of the property they were seeking to pull down for the common good. Subsequent inquiries seemed to show that the fire must have been raised by incendiaries, while several attempts were detected during the day to kindle various distant quarters of the town, yet untouched by the flames. The fire extended from Powell nearly to Sansome street, and from Clay street to Broadway. Within these limits ten entire squares were destroyed, and large parts of six others. The total damage was estimated at three millions of dollars. Happily the chief business portion of the town escaped, and which had suffered so severely six or seven weeks before. In the fire of the 4th May, every newspaper establishment in the city, except that of the "Alta California," was totally destroyed. In the fire of the 22d

These

instant, all escaped, except that of the journal named. conflagrations made no distinctions of persons or properties; but with a wild justice, sooner or later, reduced all to the same level. The proprietors of the Alta now lost their building, presses, types, paper and office furniture, just as their brethren of the broad sheet were ruined before. The City Hall, located at the corner of Kearny and Pacific streets, which had been originally erected at an immense expense as a hotel, and was purchased more than a year before by the corporation for one hundred and fifty thousand dollars, and improved at a heavy cost, was totally consumed, although the principal office records were saved. Mr. Thomas Maguire, the proprietor of the "Jenny Lind Theatre,” on the plaza, which was a most valuable building, now lost all again,—a sixth time, by fire! But it is needless to particularize losses, where every citizen may be said to have been burned out several times, and to have again and again lost his all. With a sigh or a laugh, according to the temperament of the sufferer, he just began once more to raise his house, stock it with new goods, and arrange his future plans. The indefatigable spider was at work again.

Many of the buildings erected since these last fires show a wonderful improvement in strength and grandeur. When the work was to be done it was now well done; and it is believed that if any buildings can possibly be made fire proof in the most trying circumstances, many have now been made so in San Francisco. Solid brick walls, two and three feet in thickness, double shutters and doors of malleable iron, with a space two feet wide between them, and huge tanks of water, that could flood the whole building from roof to cellar, seem to defy the ravages of the fiercest future conflagration. Of that substantial character are many of the banking establishments, the principal stores and merchants' offices, and the most important houses in the city. This improved style of building has chiefly been rendered necessary by the great conflagrations we have had occasion to notice. Of the different companies formed for extinguishing fires we treat in a subsequent chapter. It is believed that they form the most complete and efficient organization of their kind in the world.