thrown over a limb, and he was hauled up and left to die. The trial was had at the "Old Daily Adobe" hotel and ranch house, the proprietor of which at the time was a justice of the peace. A deputy sheriff was also present from Sacramento during the entire proceedings, but was not permitted to interfere.

On another occasion, near the same locality, two men were caught with stolen horses and mules, driving them to the horse market at Sacramento. As in the case above related a meeting was called of nearby ranchers and the miners of Cook's and Michigan bars, three miles above. A judge and jury were selected and the testimony of the owner of the stock was heard, proving his "brand," and that it had not been "vented" or a bill of sale given, as was customary in all cases of sale and transfer of property.

The prisoners were found guilty and sentenced to have one-half of their heads shaved, to be branded "R" on the right cheek, receive 100 lashes on the bare back, and if found in the county after three days, to be hung. One of them, a fine-looking man, well dressed and gentlemanly in appearance, begged to be hung instead of receiving the penalty prescribed by the jury. After being stripped to the waist they were lashed to a tree and an Indian emplove was ordered to do the whipping with a braided rawhide riata, such as was used for lassoing stock. A committee was appointed to see that the lashes were properly laid on. One of the committee was a Presbyterian deacon of large propertv interests and a ranch owner.

After administering 50 lashes the committee decided. to remit the balance, as the men were unable to bear the torture. It looked cruel and inhuman, and not all

eyes among the spectators were tearless. The piteous groans of the culprits 'broke the deacon all up," as the quivering flesh turned black under every stroke of the riata.

This method of administering punishment in those days was sanctioned by the best element in the country, and so far as I observed, the trials were conducted in as orderly a manner as usually prevails in more pretentious legal proceedings. From one to two hours was all the time needed to determine the guilt or innocence of the accused. If guilty the sentence was at once carried into execution without unnecessary delay. In some instances injustice may have been done, and so it sometimes occurs under legal forms prescribed by the statutes.

In the mineral portions of the state, more especially, "trial by the people" without judicial process continued until 1856. Then the climax was reached by the vigilantes in San Francisco, organized to clear the city of thugs and assassins, which the civil authorities failed or were unable to do. They dominated the state government for two months, Governor J. Neely Johnson in the meantime taking a vacation at a pleasant mountain resort.

Another instance of summary justice will still further illustrate the means by which the miners sought to protect their lives and property. Possibly a little less severity might have accomplished the desired end. and object, but it was not so regarded at the time. I am sure there was no element of persecution or revenge present in the cases I have related, but the public welfare alone was considered.

Lynch law in California, at the time of which I am

writing, was, in fact, the only means of redress and protection from robbery and murder, and tended to prevent the crimes that would otherwise have been more frequent.

It is only justified when the civil law cannot be invoked or its officials utterly fail to enforce its demands and penalties. Such for a time was the condition existing in California. To a lawless element gathered from almost every nation, people and tongue in the wild world, the civil law had no terrors. In fact, the State had but recently emerged from a chaotic and half-civilized condition without any well established civil jurisprudence.

A sailor, a deserter from the ship "Ohio," attempted one night to rob a store at a mining camp on the American river. He had already secured two bags of gold dust, containing about $3,000, but not satisfied with that he grasped for a third, when the owner awoke and gave the alarm. After a hot pursuit, the thief was captured and bound to a tree until morning, when a jury of twelve miners were chosen to try the case. Of course he was found guilty and sentenced to be hanged; but some opposition being raised to taking his life, a milder punishment was suggested, and it was finally determined that he should receive a hundred lashes on his bare back, have his ears cropped, and his head shaved, so that he might everywhere be recognized in the mining districts. This sentence gave general satisfaction. The thief was at once fastened by his hands to the branch of a tree, and the duly appointed officers proceeded to shave his head, while some of the sailors of the party manufactured a "cat-o' nine-tails." His feet were then tied to the foot of a tree, and a doctor

cut off his ears, from the stumps of which he bled freely while receiving his flogging. He was then ordered to leave at once and when about a mile away, he stole a mule and rode to the Calaveras diggings, where the animal was claimed by the owner. He was thereupon tried for mule stealing, and sentenced to receive another flogging, but when he was stripped, his back was found so shockingly cut up that the miners had compassion on him and drove him from the district, where he was not likely to ever appear again.

CHAPTER XVI.

MINING EXPERIENCE.

About the first of January, 1851, I met some friends from Illinois, who had preceded me on the overland trip, and it was agreed that we become mining partners. At the same time we decided to leave that locality and try our fortune in Amador county-which joins Eldorado on the south-as we had heard favorable reports from that section. Accordingly we shouldered our "traps" and after a hard day's tramp over mountain spurs, across brush and wooded canyons, fording the upper Cosumnes river-better known as the "Macosma' '—we arrived near nightfall at Drytown, a mining camp on Dry Creek in the aforesaid county. The inevitable saloon, gambling, and dance house, as in all mining towns, were prominent features of the place. The "shingle" of the man who neither used the “hoe," shovel, or rocker, but reaped a rich harvest nevertheless, was in evidence as elsewhere, bearing the “legend" "Si compra oro aqui"-gold dust bought here.

We looked out a suitable camping place under the friendly protection of a neighboring pine tree sufficiently distant from the disturbing revelry of the "madding crowd," cooked our evening meal and spread our blankets for the night's rest. Bright and