The Author—Twenty years afterThe Author—Twenty years after
Meantime, the sun beamed again, clear and hot, and we saw the storm-cloud pursuing its course over the plain to the southeast, leaving in its wake a wet path a few rods wide.
The other men had their hands full in caring for endangered members of the party and the equipment. The loose stock had stampeded and were far away, with some of the mounted men in desperate pursuit. They eventually brought the cattle to a halt, about five miles away, where the wagons overtook them when it was time to make camp.
Continuous travel over rough ground and through deep sand, and ascending steep mountains, proved too great a strain for the endurance of some outfits. From time to time we were obliged to witness instances of extreme privation and hardship, usually the result of inadequate preparation forthe arduous journey. Some started with only enough oxen to carry them in case all should remain serviceable; and carried provisions for no more than the shortest limit of time estimated; so that the mishap of losing an ox or two, or any delay, worked a calamity. Some trains started so late, or were so much delayed, that they were compelled to negotiate passage of the higher mountains after the time when enormous snow-drifts had to be encountered; further delay resulting, with exhaustion of strength and depletion of supplies, in consequence of which many members of some trains failed to reach their destination. A notable experience of this kind was that of the Donner party, in 1846.
It was in one of the higher mountain regions that we overtook one Eben Darby and his family. Darby had been with one of the trains in advance of us, but being unable to keep the pace, he was obliged to fall behind.He had one small wagon, two yoke of oxen, and a cow; the latter led by a rope behind the wagon. His wife, with a young baby, and the wife's brother, Danny Worley, were the only persons with Darby. The wife was a weak, inexperienced girl; the child sickly. Mrs. Darby's brother was a large, fat youth of nineteen, whose distinguishing and inconvenient characteristic was an abnormal appetite. Their provisions were nearly exhausted. The cow was to them the real fountain of life. She was doing nobly—supplying them a quart of milk a day, which was wonderful, considering the circumstances. This milk fed the baby, and afforded a good substitute for butter, in the form of milk gravy—on which Danny fared sumptuously every day.
Later their oxen drank of the alkali water of the Humboldt River, and three of the four died in one night. Then the cow was yoked with the remaining ox, two steers were loanedthem by "good Samaritans" in our company, and they were with us to the Sink of the Humboldt.
Meantime the milk supply grew less, and Mrs. Darby was compelled to substitute water for milk in the gravy. This sop was not satisfactory to Danny. One evening at meal time he was overheard by some of our boys, saying, "I want milk in my gravy." Though reminded there was only enough milk for the baby, he of the phenomenal appetite reiterated, "I don't care, I want milk in my gravy." Thereafter "Gravy" was the name by which he was known, so long as he traveled with us.
This narrative would not do justice to the variety of individuals and events without mention of another singular personage, a young fellow who was "working his passage"; a sort of disconnected unit, whose place became everywhere in the train, and who belonged to nobody. How he got smuggledinto the company no one has since been able to recall. He was a sort of desert stowaway; tolerated because, though eccentric and quite alarming in appearance, he was always in good humor, and often useful, having a willingness to do as many of the chores as others would trust him to perform. He was notable as a physical curiosity, though not actually deformed. Low of stature, he came to be known as "Shorty," the only name we ever had for him. As he stood, his abnormally long arms enabled him to take his hat from the ground without stooping. His legs were not mates in length, causing him as he moved, with a quick, rocking gait, to create the impression that he might topple backward; but somehow the longer leg always got underneath at the critical instant, and restored the balance. His head was large, and perfectly round; hair porcupinesque, each bristle standing nearly perpendicular to the plane onwhich it grew. He had no neck. Mouth small, and so round that it opened not unlike a bored hole in a flesh-colored pumpkin.
"Shorty" asserted that he was a singer. He and "Jack" never sang together, however—that is, they never did so any more, after trying it once. "Shorty" and "Gravy" Worley became chums inseparable, except on one occasion, when their friendship was temporarily ruptured by a dispute over the ownership of a fishing hook. Anger grew hot, but when they were about to come to blows, "Shorty" suddenly dropped on "all-fours" and essayed to butt his adversary with his head, which surprising mode of combat so disconcerted "Gravy" that he ran for his quarters, wildly yelling, "Take him off, take him off."
For a time during the early part of the journey the horses and mules were picketed at night, on the best pasture available; and before we retired, allthe animals were brought near the wagons, the loose cattle bunched with them, and guards were placed, to prevent straying of the stock or surprise by Indians. Later, for awhile, these precautions were deemed unnecessary, though still later they had to be resumed. The stock became accustomed to the daily routine, and after the all-day travel, were quite willing, when they had finished their evening grazing, to assemble near the camp and lie down for the night, usually remaining comparatively quiet till morning. As if having some realization of the lonely nature of the surroundings, the animals were not disposed to stray off, except on rare occasions; but rather to keep within sight of the people and the wagons.
There was proof of the theory that in some circumstances domestic animals acquire some of that feeling that human creatures know, when far from the habitations of man. There is apeculiar sensation in the great and boundless contiguity of empty silence which works the senses up to a feeling that is somewhat alike in man and beast—that there is most comfort and protection near the center of the settlement or camp. In this stillness of the night—and night on these plains was often very still—any slight noise outside the camp startled and thrilled the taut nerves. Not only was the night still; usually it was silent, too.
But occasionally, when the silence was absolute, a couple or more of prairie-wolves lurking in the vicinity, without the faintest note of prelude, would startle the calm of night with their peculiar commingling of barks, howls and wails,—a racket all their own. It was the habit of these night prowlers of the desert to come as near to the camp as their acute sense of safety permitted, and there, sitting on their haunches, their noses pointed to the moon, render a serenade that wastruly thrilling. Two prairie-wolves, in a fugued duet, can emit more disquieting noise, with a less proportion of harmony, than any aggregation of several times their equal in numbers, not excepting Indians on the war-path or a "gutter" band.
A coyote serenadeA coyote serenade
That awe of the wilderness to which reference has been made, and its effect on the nerves, may explain the stampede of cattle, often not otherwise accounted for; which occurs sometimes in these hollow solitudes. It occurs nowhere else that I have known.
Several times we experienced this strange exhibition of sudden panic; the snapping, as it were, of the nerves, from undue tension, when, instantly, from cause then to us unknown and unguessed, the whole band of cattle, teams as well as loose stock, made a sudden, wild, furious dash, in a compact mass; seeming instinctively to follow in whatever direction the leader's impulse led him; drifting together and forward as naturally as water flows to the current; with heads and tails high in air; blindly trampling to the earth whatever chanced to be in their path.
These were not in any sense wild stock. The cattle, horses and mules were all animals that had been raised on the quiet farms of the Middle West, well domesticated.
In the light of certain modern theories it might be said by some that these otherwise docile animals stampeded on the unpeopled plains becausethey heard the "call of the wild." There were, however, occasions when the cause could be readily assigned for this temporary casting off of restraint.
In one instance, already mentioned, a sudden, pelting hailstorm was the undoubted cause; when, taking the stampede temper, they ran five or six miles before the man, mounted on one of our fleetest saddle-horses, got in front of the foremost of them and checked their running.
On all such occasions control could be regained in only one way. Speeding his horse till he overtook and passed the leader of the drove the rider made his horse the leader; and as each loose animal always followed whatever was in front, the horseman, by making a circuit and gradually slackening the pace, led the drove around and back to place in the line of travel.
Naturally one source of uneasiness was the thought of what our situation would be if, on one of these occasions,we should fail to regain control of these animals, so necessary to us in continuing the westward journey. A stampede when some of the oxen were yoked to the wagons was, of course, more serious in its immediate consequences than when it happened while all were detached from the equipment.
A stampede occurred one day in a level stretch of country, open in every direction; nothing in sight to cause alarm. There the emigrant road showed plainly before us. The wagons were in open single file, the loose stock drawn out in line at the rear. Men on horseback, hats over their eyes, some of them with one leg curled over the pommel of the saddle; lazily droning away the slow hours and the humdrum miles. The women and children were stowed away on bundles of baggage and camp stuff in the wagons, some of them asleep perhaps, rocked in their "schooner" cradles. A few of the men and boys perchance were strollingoff the way, in the hope of starting a sage grouse or rabbit from some sheltering clump of brush. During a specially quiet routine like this; the cattle lolling behind the wagons, mostly unattended, keeping the snail pace set by the patient teams; a steer now and again turning aside to appropriate a tuft of bunch-grass; their white horns rising and falling in the brilliant sunlight, with the swaying motion of their bodies as they walked, shimmered like waves of a lake at noonday before a gentle breeze: quickly as a clap of the hands, every loose beast in the band, in the wildest fashion of terror, started, straight in the course of the moving line—pell-mell, they went, veering for nothing that they could run over; sweeping on, with a roaring tramp, like muffled thunder, they passed along both sides of the train. The teams, catching the frenzy, took up the race, as best they could with their heavy impedimenta; all beyond control oftheir drivers or the herders, who, startled from the reverie of the moment, could do no better than dodge to such place of safety as they found, and stand aghast at the spectacle. Fortunately the draft oxen usually were forced to stop running before they went far, owing to the weight of the wagons they hauled and their inability to break the yokes.
In this particular instance the most serious casualty was the death of a boy, about eight years of age, the son of Dr. Kidd. The child was probably asleep in a wagon, and being aroused by the unusual commotion, may have attempted to look out, when a jolt of the wagon threw him to the ground, and he was trampled to death. The body was kept in camp overnight, and the next morning wrapped in a sheet and buried by the roadside.
This was in a vast stretch of lonely plain. As we journeyed through it, viewing the trackless hills and rockribbedmountains not far away on either side, mostly barren and uninviting, it was difficult to conceive of that territory ever becoming the permanent homes of men. Yet it is possible, and probable, that the grave of Dr. Kidd's little boy is today within the limits of a populous community, or even beneath a noisy thoroughfare of some busy town.
Our consolidated train continued its creeping pace down the meandering Humboldt; crossing the stream occasionally, to gain the advantage of a shorter or better road.
Soon again there were other proofs of the wisdom we had shown in taking every possible precaution against attack.
Next ahead of us was a family from England, a Mr. Wood, his wife and one child, with two men employed as drivers. They were outfitted with three vehicles, two of them drawn by ox teams, in charge of the hired men, and a lighter, spring-wagon, drawn byfour mules, the family conveyance, driven by Mr. Wood. We had not known them before.
One very hot day in the latter part of August, after having moved along for a time with no train in sight ahead of us, we came upon Mr. Wood in a most pitiable plight, the result of an attack and slaughter, not differing greatly from the Holloway case, and its parallel in atrocity.
Mr. Wood's party had spent the preceding night undisturbed, and were up early in the morning, preparing to resume their journey. The ox teams had been made ready and moved on, while Mr. Wood proceeded in a leisurely way with harnessing the four mules and attaching them to the smaller wagon. All the articles of their equipment had been gathered up and placed in proper order in the wagon.
When Mr. Wood had nearly completed hitching the team, Mrs. Woodand the baby being already in the wagon, some men, apparently all Indians, twenty or more of them, were seen coming on horseback, galloping rapidly from the hills to the northward, about half a mile away.
Mr. Wood, fearing that he and his family were about to be attacked, in this lonely situation, hurriedly sprang to the wagon seat and whipped up the mules, hoping that before the attack they could come within sight of the ox wagons, which had rounded the point of a hill but a few minutes before, and have such aid as his hired men could give.
He had no more than got the team under way when a wheel came off the wagon—he having probably overlooked replacing the nut after oiling the axle. Notwithstanding this he lost no time in making the best of the circumstances. Jumping to the ground, he hurriedly placed Mrs. Wood on one of the mules, cutting the harness torelease the animal from the wagon; then, with the baby in his arms, he mounted another mule, and they started flight.
But the Indians had by this time come within gun-shot range and fired upon them. Mrs. Wood fell from the mule, fatally shot. Mr. Wood's mule was shot under him, and dropped; next Mr. Wood received a bullet in the right arm, that opened the flesh from wrist to elbow. That or another shot killed the child. Amidst a shower of bullets, Mr. Wood ran in the direction taken by his ox wagons. Getting past the point of the low hill that lay just before him without being struck again, he was then beyond range of the firing, and soon overtook his wagons. His men, with all the guns they had, returned, to find the woman and child dead on the ground. One of the mules was dead, one wounded, the other two gone. The wagon had been ransacked of its contents, and the band of assassinswere making their way back into the hills whence they had come.
This small wagon, Mr. Wood said, had contained the family effects; and among them were several articles of considerable value, all of which had been taken. Among his property were pieces of English gold coin, the equivalent of fifteen hundred dollars. It had been concealed in the bottom of the wagon-box, and he had supposed the band would overlook it; but that, too, was gone.
Such was the plight in which our company found the man, soon after this tragedy was so swiftly enacted, and which so effectually bereft him of all, his family and his property, leaving him wounded, and dependent on the mercy of strangers.
The dead were placed in mummy-form wrappings and buried, mother and child in one, unmarked grave.
When the manuscript of this narrative was first made ready for theprinter, the description of the calamity which befell Mr. Wood and his family ended here. There were other details, as clearly recalled as those already recited, but so atrocious and devoid of motive, that it was a matter of grave doubt whether the facts should be given. It seemed too deplorable that such an occurrence could be recorded as the act of human beings; furthermore, would it be credible? It has been intimated that the present endeavor is to give a complete history of events as they occurred: no material item suppressed, nothing imaginary included; therefore the remaining details are given.
Incredible as it may sound to civilized ears, after the bodies of Mrs. Wood and her child had been interred, hardly had those who performed this service gone from the spot when a part of the savage band that had murdered those innocent victims, rushed wildly back to the place, disinterred the bodiesfrom the shallow grave, taking the sheets in which the bodies had been wrapped, and which were their only covering, and carrying those articles away. When the Indians had gone a second time, the grief-stricken Mr. Wood returned and reinterred the remains of his wife and child.
Mr. Wood's wounded arm was dressed by Dr. Maxwell and Dr. Kidd, his wagons were placed in the lead of our train, and again we moved westward.
The next following day, as we wended our way among the sand dunes, alkali flats and faded sagebrush, there came to us—whence we knew not—three men, equipped with a small wagon, covered with white ducking, arched over bows, similar to the covering on most of the emigrant wagons; drawn by two large, handsome, well-harnessed horses; all having a well-to-do appearance, that made our dusty, travel-worn outfits look very cheap and inferior.
They told us that they were mountaineers, of long experience on the plains; well acquainted with the Indians and familiar with their habits and savage proclivities. They saidthat the Shoshone Indians were very angry at the white people who were passing through their lands; that this hostility recently had been further aroused by certain alleged acts of the whites along the emigrant road; and that the feeling was now so intense that even they, our informants, were alarmed, notwithstanding their long, intimate and friendly intercourse with these Indians; and, believing themselves no longer safe among the tribe, they were anxious to get out of the Shoshone country; therefore they requested the privilege of placing themselves under the protection of our large train until we should have passed out of the Shoshone lands and into those of the Pah-Utes, which tribe they said was known to be friendly toward the white race.
One of these men was a specially picturesque figure; weighty, with large, square shoulders; well-formed head; full, brown beard, cropped short. Hewore a deer-skin blouse, leathern breeches; broad, stiff-brimmed hat, low crown, flat top, decorated with a tasseled leather band; a fully-loaded ammunition belt—a combination make-up of cowboy, mountaineer and highwayman.
The three men spoke plain English, with a free use of "frontier adjectives."
Having received permission to take temporary protection by traveling near us, they placed themselves at the rear of our train, and that night pitched camp slightly apart from our circle of wagons.
Some of our men visited them during the evening, eager to hear their tales of adventure; and listened, open-mouthed, to descriptions of life among savage associations, in the mountain wilds, jungles and the desert plains.
The visitors dwelt with emphasis on the threatening attitude of the Shoshone Indians towards the emigrants; warning us that our position washazardous, with caution that there was special risk incurred by individuals who wandered away from the train, thus inviting a chance of being shot by Redskins, ambushed among the bunches of sagebrush. They were especially earnest as they assured us of the peril there would be in loitering away from the body of the company, as they had noticed some of our boys doing, that day, while hunting for sage fowls.
After awhile, he of the big hat inquired—and seemed almost to tremble with solicitude as he spoke:
"Are you prepared to defend yourselves, in case of an attack?"
Here unpleasant surmises gave place to distinct suspicions in the minds of some of our older men. They regarded that question as a "Give-away." All the day, since these three joined us, we had felt that they might be spies, and in league with the Indians. So now not a few of us were giving closestattention, both with ears and eyes.
An answer was ready: That we were prepared, and waiting for the encounter; with a hundred and twenty-five shots for the first round; that we could reload as rapidly as could the Indians; and had ammunition in store for a long siege.
The actual fact was that, although every man of us had some sort of a "shooting-iron," they were not formidable. In kind, these varied well through the entire range of infantry, from a four-inch six-shooter to a four-foot muzzle-loader, and from a single-barreled shotgun on up to a Sharp's repeating rifle. The weapon last mentioned carried a rotating cylinder, for five shells, and was the latest thing in quick-fire repeating arms of that time: but there was only one of that class in the train. Had we been seen on muster, standing at "present arms," the array would have been less terrifying than comical.
Just how our visitors received our bluff with reference to preparedness for battle we could not know. The next morning these mysterious strangers took position in the rear of our train once more, carrying a small white flag, mounted on a pole fastened to their wagon. Upon being asked the purpose of the flag they replied that it served as a signal to any one of their number who might go beyond view, enabling him to determine the location of the wagon.
Captain John reminded them that, according to their statements, wandering out of sight was too hazardous to be done or considered; adding that therefore there did not seem to be any need of the flag, and he wanted it to be taken down.
It came down.
During the noon-hour stop that day, while the doctors were dressing Mr. Wood's wounded arm, he obtained a first look at our three protegés. He atonce indicated the man wearing the big, brown hat, and stated, excitedly but confidentially, to those of our company who were near him:
"I believe that man was with the Indians who killed my wife and child."
That statement naturally created a much greater feeling of uneasiness among us. The assertion was whispered around; and every man of us became a detective. The leading men of our party put their heads together in council. The situation was more than ever grave and the suspense distinctly painful. We feared something tragic would happen any hour.
Mr. Wood was asked to obtain another view of the man and endeavor to make his statement more definite, if he could. His wound, and the terrible shock he had sustained two days previously, had so prostrated him that he was unable to make haste. Arrangements were made to disguise him and have him go where he could obtain agood view of the three men, but his condition prevented it.
Later in the afternoon the three-men-afraid-of-Indians announced that we had passed out of the territory of the savage Shoshones; they felt it would be safe for them to dispense with our kind escort, therefore, after camping near us that night, they would withdraw and bid us a thankful good-bye.
We camped that night on a level place, where there was sage-brush three or four feet high, and thick enough to make good cover for an enemy. Our people, having become thoroughly distrustful of the three men who had made themselves appendages of our train, feared an attack would be made on our camp that night. Suspicion had developed into a fixed belief that the trio were confederates of the Shoshones, and had come to us under a pretense of fear on their part, in order to spy out the fighting strength of our company.
The place where they halted their wagon and prepared to spend the night was not more than a hundred yards from where our vehicles were arranged, in the usual hollow circle, with the camp-fire and the people inclosed.
When darkness set in, guards of our best men, armed with the most effective guns we had, were quietly distributed about the camp, the chosen men crawling on their hands and knees to their allotted positions, in order that the three strangers should not know our arrangements. There was an understanding that, if there should be an attack during the night, the first thing to do was, if possible, to shoot those three men; for, under the circumstances, any attack occurring that night would be deemed completion of proof that they were responsible for it and for any atrocity that might follow or be attempted.
The night passed without notable happening—except that at the break ofday the three men and their wagon silently stole away.
There was a feeling of great relief on being rid of them; but there remained some apprehension of their turning up at some unguarded moment and unpleasant place, to make us trouble; for their absence did not remove the impression that they had come among us to gauge our desirability as prey and the feasibility of overpowering our entire train.
We divided our long train into two parts, leaving a short space between the sections. Mr. Wood's two wagons headed the forward part. Toward the close of the day on which this change of arrangement was made, the forward section turned off the road a short distance before stopping to make camp, and the rear section passed slightly beyond the first, left the road and halted, so that a double camp was formed, with the two sections thus placed for the night in relative positions the reverse of the order they had maintained during the day.
At night-fall, when supper was over and everything at rest, we saw three horsemen going westward on the emigrant road. When they were opposite the Maxwell, or forward, camp, as thetrain sections had been placed, these men turned from the road and came toward us. We soon recognized them as our late guests on the way: he of the big hat and his two companions.
Riding into our camp, one of them remarked that they now observed the change made in arrangement of our train, explaining that they had intended to call on the Englishman, whose place had been in the lead. They apologized for their mistake. The first speaker added that they had heard it stated that this English gentleman had charged one of their number with being in company with the Indians who killed his wife, at the time of the tragedy, a few days before.
He of the big, brown hat then assumed the role of spokesman, and said:
"I understand that he indicated me, by description; and if that man says I was with the Indians who killed his wife, I will kill him. Let him say it, and I will shoot him down like a dog,that he is. I am here to demand of him if he said it."
Another of the three said, in a tone of conciliation:
"We are honest men. We came out here from Stockton, California, where we live, to meet the emigrants as they come over from the States. We buy their weak and disabled stock, such as cannot finish the trip to the Coast; take the animals onto range that we know of, and in the fall, when they are recuperated, we drive them in for the California market."
The man under the large hat resumed:
"My name is James Tooly. My partners here, are two brothers, named Hawes. And now, if that Englishman, or any one among you, says I was with the Indians who killed his wife, I will shoot him who says it, right here before you all."
This was said with much vehemence, and punctuated with many oaths.
Van Diveer's advantage was slight, but sufficientVan Diveer's advantage was slight, but sufficient
Mr. Drennan, of our combined company, replied:
"If you want to talk like that, go where the man is. We don't want thatkind of language used here, in the presence of our women and children."
Tooly, standing erect, high in his stirrups, drew a large pistol from its holster and swung it above his head.
"I will say what I please, where I please; and I don't care who likes it," roared Tooly, waving his pistol in air.
W. J. Van Diveer, a young man of the Drennan company, who had been sitting on a wagon-tongue near the speaker, leaped to his feet, with a pistol leveled at the big horseman's head, and with a manner that left no doubt that he meant what he said, shouted:
"I'll be damned if you can do that here. Now, you put down your gun, and go."
The muzzle of Van Diveer's pistol was within an arm's-length of Tooly, aiming steadily at his head. Tooly was yet with pistol in hand but not quite in position for use of it on his adversary. Van Diveer's advantage was slight, butsufficient for the occasion. Tooly's companions did not act, appearing to await his orders, and, in the suddenness of this phase of the scene, Tooly found no voice for commands. Others of our men made ready on the instant, believing that a battle was on.
It was averted, however. Tooly replaced his pistol in the holster, saying:
"Well, of course—as you say, my pie is over yonder. I don't want to killyoufellows."
And he didn't. The three rode over to the other group of our men, among whom was Mr. Wood. All of these had overheard what had just been said, and felt sure they knew what was coming.
Mr. Wood, grief-stricken, disabled, stood, pale and fearful, amongst the party of timid emigrants, all strangers to him; he the only man probably in the camp without a weapon on hisperson, his torn arm in a sling across his chest.
The big fellow made his statement again, as he had made it to us; with the same emphatic threat to kill, if he could induce Wood or any one to speak out and affirm the charge of Tooly's complicity with the Indians.
Tooly got off his horse and, pistol in hand, walked among the party; many of whom surely did tremble in their boots. He declared again, as he stalked about, that he would shoot the hapless Wood, "like a dog", or any one who would repeat the charge.
There were but a few men in that part of the camp when Tooly commenced this second tirade, in the presence of Wood; but soon more came from the other part of the train.
Mr. Wood, in a condition as helpless as if with hands and feet bound, realizing his situation, and his responsibility, maintained silence: a silencemore eloquent than speech, since a single word from him in confirmation of the charge he had made would have precipitated a battle, in which he, most certainly, and probably others, including some of his benefactors, would have been killed.
Then Tooly saw that a goodly number of men had arrived from the other section of the camp, and were watching to see what would happen; some of these viewing the scene with attitude and looks that boded no good for the man who held the center of the arena.
Tooly's threatening talk ceased. Still Wood said nothing. In silence, Tooly mounted his horse, and with his fellows rode away, leaving the party of emigrants—most of them terror-stricken, some angry—standing dumb, looking at one another, and at the retreating three until they went out of sight, in the dusk of the desert night-fall: stood there on the sage-brush sward, a tableau of silent dumbfoundedness;for how long none knew; each waiting for something to break the spell.
"I feel like a fool," exclaimed Van Diveer.
"But," spoke Drennan, the older and more conservative leader of their party, "we couldn't start an open battle with those fellows without some of us being killed. They are gone; we should be glad that they are. It is better to bear the insult than have even one of our people shot."
"I'm glad they left no bullets in me—Ulee, ilee, aloo, ee;Courting, down in Tennessee."
"I'm glad they left no bullets in me—Ulee, ilee, aloo, ee;Courting, down in Tennessee."
This paraphrasing of his favorite ditty was, of course, perpetrated by "Jack."
But we all wished we knew. Was it true that these men were conspirators with the Indians who had been ravaging the emigrant trains? If so, doubtless they would be concerned inother and possibly much more disastrous assaults, and perhaps soon. If so, who would be the next victims?
But Mr. Wood was still too indefinite in his identification of the man Tooly—at least in his statement of it—to clear away all doubt, or even, as yet, to induce the majority of our men to act on the judgment of some: that we should follow these plainsmen, learn more, and have it out with them.
There were many circumstances pointing not only to the connection of these men with the assault on Mr. Wood's family, but to the probability of their having been responsible for the slaughter of the Holloway party. It seemed improbable that there were two bands of Indians operating along that part of the Humboldt River in the looting of emigrant trains. If it could be proved that white men co-operated with the savages in the Wood case, the inference would be strong that the same white men had been accessoriesin the Holloway massacre. The use of guns in those attacks, and the evident abundance of ammunition in the hands of the Indians, went far toward proving the connection of white men with both these cases.
The Sink of the Humboldt is a lake of strong, brackish water, where the river empties into the natural basin, formed by the slant of the surrounding district of mountains, plain and desert, and where some of the water sinks into the ground and much of it evaporates, there being no surface outlet. In the latter part of the summer the water is at a very low stage, and stronger in mineral constituents. There we found the daytime heat most intense.
The land that is exposed by the receding water during the hottest period of the fall season becomes a dry, crackling waste of incrusted slime, curling up in the fierce sunshine, and readily crushed under foot, like frozen snow. The yellowish-white scales reflect thesunlight, producing a painful effect on the eyes. Not many feet wander to this forbidding sea of desolation.
At the border of this desert lake, a few feet higher than the water, is a plateau of sand, covered with sage-brush and stones. We were there in the last week of August. Fresh water was not to be had except at a place a half-mile from our camp, where there was a seepage spring. There we filled our canteens and buckets with enough for supper and breakfast. The animals had to endure the night without water.
Not far from the spring was situated a rude shack, known as "Black's Trading Post." This establishment was constructed of scraps of rough lumber, sticks, stones and cow-hides. With Mr. Black were two men, said to be his helpers—helpers in what, did not appear. The principal stock in trade was a barrel of whisky—reported to be of very bad quality—some plug tobacco, and—not much else. Black's priceswere high. A sip from the barrel cost fifty cents. It was said to be an antidote for alkali poisoning.
"A sip from the barrel cost fifty cents""A sip from the barrel cost fifty cents"
Some of our men visited this emporium of the desert, and there they found "Jim" Tooly. The barrel had been tapped in his behalf, and he was loquacious; appearing also to be quite "at home" about the Post. His two companions of our recent acquaintance were not there. The "antidote" was working; Tooly was in good spirits, and eloquent. He did not appear torecognize those of our people who were visiting the place; but they knew him. There were other persons present from the camps of two or three companies of emigrants, but strangers to us, who were also stopping for the night at the margin of the Sink.
Tooly assumed an air of comradeship toward all, addressing various individuals as "Partner" and "Neighbor"; but his obvious willingness to hold the center of the stage made it clear that he deemed himself the important personage of the community.
Some things he said were self-incriminating. He boasted of having "done up a lot of Pikers, up the creek," declaring his intention to "look up another lot of suckers" the following day.
When our men thought that they had heard enough they returned to camp and reported.
Recollections of the last time we had seen Mr. Tooly made the presentoccasion seem opportune. An impromptu "court" was organized: judge, sheriff and deputies; and these, with a few chosen men of the company, went to the trading post to convene an afternoon session. The members of this "court" dropped in quietly, one or two at a time, looked over the place, asked questions—about the country; the prices of Mr. Black's "goods"; how far it might be to Sacramento; anything to be sociable: but none offered to tap the barrel.
The stranger emigrants had heard of the Indian raids up the river. Seeming to have inferred something of pending events, they had gone to the trading post in considerable numbers. Tooly was still there. Black and his two men seemed to be persons who ordinarily would be classed as honest. Still, they appeared to listen to Tooly's tales of prowess in the looting of emigrant trains as if they regarded such proceedings as acts of exceptionalvalor; exhibiting as much interest in the recital as did the "tenderfoot" emigrants—who held a different opinion regarding those adventures.
When enough had been heard to warrant the finding of an indictment, the newly-appointed judge issued a verbal order of arrest, and the sheriff and his deputies quickly surrounded the accused, before he suspected anything inimical to his personal welfare. With revolver in hand, the sheriff commanded, "Hands up, 'Jim' Tooly!" To the astonishment of all, the big man raised both hands, without protest; this, however, in mock obedience, as was evident by his laughing at the supposed fun.
"This is not a joke, sir," came in harsh tones from the judge. "When we saw you last, about sixteen days ago, you came to our camp to deny a charge made against you by a man of our company. You overawed, browbeat and insulted the man and thosewho were assisting and protecting him in his distress. You denied the accusation made against you, with vehemence and much profanity. Giving you the benefit of a doubt, we permitted you to go. Now we are here to take the full statement of the prosecuting witness, and examine such other evidence as there may be. We will clear you if we can, or find you guilty if we must."
In whatever direction the culprit looked he gazed into the open end of a gun or pistol. The sheriff said:
"Now, Tooly, any motion of resistance will cost you your life."
A disinterested onlooker at the moment would have cringed, lest the unaccustomed duty of some deputy should so unnerve his hand that he would inadvertently and prematurely pull the trigger of his weapon. But all held sufficiently steady, as they looked through the sights.
The prisoner slowly grasped the situation,and knew that temporary safety lay in obedience. The sheriff's demand for Tooly's weapons created more surprise, when it was revealed that, in his feeling of security while at the Post, he had relieved himself of those encumbering articles and deposited them with the landlord, that he might have freedom from their weight while enjoying the hospitality of the place.
Thus his captors had him as a tiger with teeth and claws drawn. His weapons, when brought out from the hut for examination, were found to be two pistols, of the largest size and most dangerous appearance, in a leathern holster, the latter made to carry on the pommel of a saddle, in front of the rider. These, also his saddle and other trappings, were searched for evidence; but, except the pistols, nothing was found that tended to throw any further light on the question of his guilt or innocence.
Tooly was then taken, under a heavy guard, to a spot some distance from the Post, where the court reconvened, for the purpose of completing the trial.
His captors had, with good reason, reckoned Tooly as like a beast of the jungle, who, when put at bay, would resort to desperate fighting; but, having been caught thus unawares and unarmed, violence on his part or resistance of any kind, was useless. He was doubtless feigning meekness, hoping for an opportunity to escape.
A jury was selected, mostly from the stranger emigrants.
The improvised court sat on an alkali flat near the margin of the lake, where there were some large stones and clumps of sage-brush. There Tooly was confronted by Mr. Wood, still with bandaged arm. Tooly declared he had never before seen the Englishman, but Wood said he had seen Tooly, and now reaffirmed his belief that the prisoner was one of thepersons who, some weeks previously, had ridden with the Indians who killed Mrs. Wood and the child, also wounded and robbed the witness.
Still the evidence was not deemed sufficiently positive or complete, the identity being in some doubt. The jury would not convict without conclusive proof. With the view of procuring further evidence, the judge ordered that the person of the prisoner be searched.
Hearing this mandate, Tooly first made some sign of an intention to resist—only a slight start, as if possibly contemplating an effort to break through the cordon of untrained guards.
"Gentlemen," ordered the sheriff, "keep, every man, his eye on this fellow, and his finger on the trigger." Then to the prisoner,
"Stand, sir, or you will be reduced to the condition of a 'good Indian'!"
Escape as yet appeared impossible, and Tooly must have finally come to adefinite realization that he was in the hands of men who meant business, most earnestly. Bravado had ceased to figure in his conduct. It was apparent that the search for evidence was narrowing its field; the erstwhile minions of frontier justice were on the right scent. Tooly grew pallid of feature and his cheeks hollowed perceptibly, in a moment. There was a wild glare in his eyes, as they turned from side to side; fear, hatred, viciousness, mingled in every glance. He crouched, not designedly, but as if an involuntary action of the muscles drew him together. His fists were clenched; his mouth partly opened, as if he would speak, but could not.
Thus he stood, half erect, while the officer searched his clothing. The examination disclosed that, secured in a buckskin belt, worn under his outer garments, there was English gold coin, to the value of five hundred dollars; just one-third of the amount that Mr.Wood declared he had lost at the time of the robbery. What became of the other two-thirds of Mr. Wood's money was readily inferred, but full proof of it was not necessary to this case.
Tooly's trial was closed. The only instruction the court gave the jury was, "Gentlemen, you have heard the testimony and seen the evidence; what is your verdict?"
The answer came, as the voice of one man, "Guilty."
During the entire proceeding, at the post and down by the lake, the judge sat astride his mule. Addressing the prisoner once more from his elevated "bench," he said:
"Mr. Tooly, you are found guilty of the murder of Mrs. Wood and her child, the wounding of Mr. Wood, and robbery of his wagon. Mr. Wood has from the first stated his belief that you were with, and the leader of, the band of Indians which attacked his party. You afterwards denied it; butnow, in addition to his almost positive identification, and many circumstances pointing to your guilt, you are found with the fruits of that robbery on your person. Have you anything to say?"