CHAPTER XII.

"'Stop,' shouted the Judge""'Stop,' shouted the Judge"

Tooly was ashy pale, and speechless. Absolute silence reigned for a time, as the court awaited the prisoner's reply, if by any means he could offer some explanation, some possible extenuating circumstance, that might affect the judgment to be pronounced. None came, and the judge continued:

"You can have your choice, to be shot, or hanged to the uplifted tongue of a wagon. Which do you choose?"

Tooly took the risk of immediate death, in seeking one last, desperate chance for life. Instantly he turned half around, crouched for a spring, and, seemingly by one single leap, went nearly past the rock-pile, so that it partly covered his retreat. Quick as his movements were, they were not swifter than those of the men whose duty was to prevent his escape.

"Stop, Tooly," shouted the judge, sitting astride his mule, as his long right arm went out to a level, aiming his big Colt's revolver at the fleeing man.

"Shoot, boys," commanded the sheriff at the same instant; a chorus of shots sounded, and the court's sentence was executed.

Complying with the request of the judge, the sheriff had a hole dug nearwhere the body lay, and the dead man was buried,sans ceremonie.

The court returned to the trading post and requested the proprietor to state what he knew of Tooly. Mr. Black declared he only knew that the accused plainsman came to the post that day; that he bought and drank a considerable quantity of whisky, and offered to treat several passing emigrants, all of whom declined.

The English gold found upon the prisoner was returned to Mr. Wood, and the incident was closed.

The trial had been as orderly and impartial as the proceedings in any court established by constitutional authority. All those concerned in it realized that they were performing a duty of grave importance. There was nothing of vindictiveness, nothing of rashness. It was without "due process," and it was swift; a proceeding without the delays commonly due to technicalities observed in a legal tribunal;but it was justice conscientiously administered, without law—an action necessary under the circumstances. Its justification was fully equal to that of similar services performed by the Vigilance Committee, in San Francisco, within a year preceding. It was a matter the necessity of which was deplorable, but the execution of which was imposed upon those who were on the spot and uncovered the convincing facts.

From the Sink of the Humboldt the little Darby party wished to complete the trip by the Carson Route, thus separating from the majority, but their supplies were exhausted and they had now but one ox and one cow to draw their wagon. A suggestion, that those who could spare articles of food should divide with the needy, was no sooner made than acted upon. Sides of bacon, sacks of flour and other substantials were piled into their little vehicle, and the owners of the two oxen which had been loaned Darby simply said, "Take them along; you need them more than we do." Danny, alias "Gravy" Worley, being of that party, showed his delight, by sparkling eyes and beamingfat face, when he saw the abundance of edibles turned over to his people. Mr. Darby shed genuine tears of gratitude, as we bade them good-bye and drove away by another route.

The combination train was further divided, each party shaping its farther course according to the location of its final stop. The Drennans took the Carson Route, the Maxwell train proceeding by the more northerly, Truckee, trail. The associations of the plains, closer cemented by the sharing of many hardships and some pleasures, had created feelings almost equal to kinship, more binding than those of many a life-long neighborhood relation. So there were deep regrets at parting.

On leaving the Sink of the Humboldt there was before us a wholly desert section, forty miles wide. The course led southwesterly, over flat, barren lands, with a line of low hills, absolutely devoid of vegetation, on our right. This was known to be one ofthe hard drives of our long journey; but hearsay knowledge was also to the effect that, at its farther border, we would reach the Truckee River, and soon thereafter ascend the Sierra Nevada Mountains. The prospect of seeing again a river ofpurewater, and fresh, green trees, had a buoyant effect on our lagging hopes; and these were further stimulated by the information that not long after entering these forest shades we would cross the State line into California.

While crossing the forty miles of desert, the sun-baked silt, at the beginning, and later the deep, dry sand, made heavy going. To avoid the almost intolerable heat of day as much as possible, and it being known that water was not obtainable, during this much-dreaded bit of travel, we deferred the start until mid-afternoon, and traveled all night.

The impressions of that night ride were most extraordinary. As the sunsank, and twilight shaded into night, the atmosphere was filled with a hazy dimness; not merely fog, nor smoke, nor yet a pall of suspended dust, but rather what one might expect in a blending of those three. Only a tinge of moonlight from above softened the dull hue. It was not darkness as night usually is dark. It was an impenetrable, opaque narrowing of the horizon, and closing in of the heavens above us; which, as we advanced, constantly shifted its boundary, retaining us still in the center of the great amphitheater of half-night. We could see one another, but beyond or above the encompassing veil all was mystery, even greater mystery than mere darkness. No moon nor stars visible; nothing visible but just part of ourselves, and ours.

As the night merged into morning, the sunlight gradually dispelled the mantle of gloom from our immediate presence; but still we could not see out.As if inclosed in a great moving pavilion, on we went, guided only by the tracks of those who had gone before.

In the after part of the night the loose cattle, having been for two nights and a day without water, and instinctively expecting an opportunity to drink, quickened their pace, passing the wagons; the stronger ones outgoing the weaker, till the drove was strung out two or three miles in length along the sandy trail.

Some of the wise-heads in the company were fearful that the cattle, on reaching the Truckee River, would drink too much. They detailed Luke Kidd and me to ride on our mules ahead of the foremost of the stock, and on reaching the river, permit none of the animals to drink more than a little water at a time.

We went ahead during all that long morning, following what was surely, to us, the longest night that ever happened, before or since. Most of theother members of our party were in the wagons, and they, except the drivers, slept soundly; rocked gently, very gently, by the slow grinding of the wheels in the soft, deep sand. But Luke and I, on our little mules, must keep awake, and alert as possible, in readiness to hold back the cattle from taking too much water.

From midnight to daybreak seemed a period amounting to entire days and nights; from dawn till sunrise, an epoch; and from sunrise to the time of reaching the river, as a period that would have no end.

As the sun finally rose behind us, the faintest adumbration of the nearest ridges of the Sierras was discerned, in a dim, blue scroll across the western horizon, far ahead—how far it was useless to guess; and later, patches of snow about the peaks.

The minutes were as hours; and their passing tantalized us: noting how the dim view grew so very slowly intohazy outlines of mountains, and finally of tree-tops.

On we labored, overcoming distance inch by inch; nodding in our saddles; occasionally dismounting, to shake off the almost overpowering grasp of sleep.

Half awake, we dreamed of water, green trees, and fragrant flowers. Rising hope, anon, took the place of long-deferred fruition, and we forgot for a moment how hard the pull was; till, with returning consciousness of thirst and painful drowsiness, we saw the landscape ahead presented still another, and another line of sand-dunes yet to be overcome.

Luke and I reached the Truckee at nine o'clock in the forenoon, just ahead of the vanguard of cattle, and about three miles in advance of the foremost wagon.

We tried to regulate the cattle's consumption of water, but did not prevent their drinking all they could hold. Ten men, on ten mules, could not havestopped one cow from plunging into that river, once she got sight of it, and remaining as long as she desired. We could not even prevent the mules we rode from rushing into it—that cold, rippling Truckee. Yet our elders had sent us two boys to hold back a hundred cattle, and make them drink in installments—in homeopathic doses, for their stomachs' sake.

They dashed into the streamen masse; and seeing the futility of interfering, we gladly joined the cattle, in the first good, long, cool swallow of clear, clean water, within a period of six weeks.

Our little mules did not stop till they reached the middle of the river, and stuck their heads, ears and all, under the water. Luke's diminutive, snuff-colored beast was so overcome by the sight and feel of water that she lay down in it, with him astride, giving herself and her master the first real bath since the time that she did thesame thing, in the Platte River, some three months previously.

To us, the long-time sun-dried, thirsty emigrants; covered from head to foot with dust from the Black Hills, overlaid with alkali powder from the Humboldt, veneered with ashes of the desert; all ingrained by weeks of dermatic absorption, rubbed in by the wear of travel, polished by the friction of the wind—to us said the Truckee, flowing a hundred feet wide, transparent, deep, cool; rattling and singing and splashing over the rocks; and the sparkle of its crystal purity, the music of its flow and the joy of its song, repeated, "Come and take a drink."

We filled our canteens and went back to meet the others. We found them in a line three miles long; and it was well into the afternoon when the last wagon reached the river.

The train crossed to the farther shore, into the grateful shade of the pine forest and there made camp.

What an enchanting spectacle was that scene of wooded hills, with its varying lights and shades, all about us! From as far as we could see, up the heights and down to the river bank, where their roots were washed in the cool water, the great trees grew.

We were still within the confines of Nevada, but two men were there with a wagon-load of fresh garden stuff, brought over from the foothills of California to sell to the emigrants: potatoes, at fifty cents a pound, pickles, eight dollars a keg, and so on. We bought, and feasted.

The camp that night by the Truckee River was the happiest of all. We had reached a place where green things grew in limitless profusion, where water flowed pure and free; and we were out of the desert and beyond the reach of the savage Redman.

Having begun the ascent of the lofty and precipitous east slope of the Sierra Nevada Mountains, one night about the first of September the camp-site selected was at a spot said to be directly on the boundary line between Nevada and California.

Lounging after supper about a huge bonfire of balsam pine, the travelers debated the question whether we were really at last within the limits of the Mecca toward which we had journeyed so patiently throughout the summer. While so engaged, the stillness, theretofore disturbed only by the murmur of our voices and occasional popping of the burning logs, was further dispelledfor a few seconds by sounds as of shifting pebbles on the adjacent banks, accompanied by rustling of the foliage, waving of tall branches and tree-tops, and a gentle oscillation of the ground on which we rested. These manifestations were new to our experience; but we had heard and read enough about the western country to hazard a guess as to the significance of the disturbance.

"Jack," aroused from his first early slumber of that particular evening, raised himself on an elbow, and asserted, confidently:

"That settles it; wearein California: that was an earthquake."

Appearing already to have caught the universal feeling of western people regarding the matter of "quakes," he chuckled, in contemplation of his own perspicacity, and calmly resumed his recumbent attitude, and his nap.

The summit of the Sierras was reached within about two days fromthe commencement of the ascent. We met no people in these mountains until we had proceeded some distance down the westerly slope, and reached a mining camp, near a small, gushing stream, that poured itself over and between rocks in a tortuous gorge.

The camp was a small cluster of rough shacks, built of logs, split boards and shakes. As if dropped there by accident, they were located without regard for any sort of uniformity. These were the bunk cabins of the miners; some of the diminutive structures being only of size sufficient to accommodate a cot, a camp-stool and a wash-basin. A larger cabin stood at about the center of the group, the joint kitchen and dining-room.

As we drove into the "town," the only person within view was a Chinaman, standing at the door. For most of us this was a first introduction to one of the yellow race. He was evidently the camp cook.

Major Crewdson approached the Celestial with the salutation: "Hello, John."

"Belly good," was the reply.

"'Melican man dig gold""'Melican man dig gold"

Having already heard it said that the invariable result of an untutored Chinaman's effort to pronounce any word containing an "r" produced the sound of "l" instead, we thought little of that error in the attempt of this one to say "Very," but believed thathis substitution for the initial letter of that word was inexcusable.

"What is the name of this place?" continued Crewdson.

"'Melican man dig gold."

"Yes, I know that; but, this town, what do you call it?"

"Yu-ba Dam," the Chinaman answered.

This response was intended to be civil. Near by the Yuba River was spanned by a dam, for mining purposes, known as Yuba Dam, which gave the mining camp its name.

Further on we came to the first house that we saw in California; and it was the first real house within our view since the few primitive structures at Nebraska City, on the west shore of the Missouri River, faded from our sight, the preceding spring. During a period of about four months our company had traveled thousands of miles, through varying wilds, in all of which not one habitation, in form common tocivilization, had been encountered. Seldom has civilized man journeyed a greater distance elsewhere, even in darkest Africa, without passing the conventional domicile of some member of his own race. Long ago such an experience became impossible in the United States.

Pack-mule route to placer diggingsPack-mule route to placer diggings

This house was a small wayside inn, situated where a miners' trail crossed the emigrant route; a roughly-made, two-story, frame building, with acorral adjoining; at which mule pack-trains stopped overnight, when carrying supplies from Sacramento and Marysville for miners working the gold placer diggings along the American and Yuba rivers. We camped beside the little hotel, and the next morning were for the first time permitted to enjoy a sample of the proverbially generous California hospitality, when the landlord invited our entire company into his hostelry for breakfast.

Our entrance into California was in Nevada County, thence through Placer, Sacramento, Solano and Napa, and into Sonoma.

Over the last one hundred miles we saw evidences that the valleys, great and small, were rapidly filling with settlers.

The last stream forded was the Russian River, flowing southwesterly through Alexander Valley, to the sea. Having crossed to the western shore, our motley throng found itself in thesettlement embracing the village of Healdsburg, an aggregation of perhaps a dozen or twenty houses. There our worn and weather-stained troop made its final halt; and the jaded oxen, on whose endurance and patient service so much—even our lives—had depended, were unyoked the last time, on September seventeenth, just four months after the departure from the Missouri River.

Considering all the circumstances of the journey, through two thousand miles of diversified wilderness, during which we rested each night in a different spot; it seems providential that, on every occasion when the time came for making camp, a supply of water and fuel was obtainable. Without these essentials there would have been much additional suffering. Sometimes the supply was limited or inferior, sometimes both; especially during those trying times in the westerly portion of the Humboldt region; but we were never without potable water norfire, at least for the preparation of our evening meal. Nature had prepared the country for this great overland exodus from the populous East; a most important factor in the upbuilding of the rich western empire, theretofore so little known, but whose development of resources and accession of inhabitants since have been the world's greatest marvel for more than half a hundred years.

As I look back, through the lapse of nearly sixty years, upon that toilsome and perilous journey, notwithstanding its numerous harrowing events, memory presents it to me as an itinerary of almost continuous excitement and wholesome enjoyment; a panorama that never grows stale; many of the incidents standing out to view on recollection's landscape as clear and sharp as the things of yesterday. That which was worst seems to have softened and lapsed into the half-forgotten, while the good and happy features havegrown brighter and better with the passing of the years.

Whether pioneers in the most technical sense, we were early Californians, who learned full well what was meant by "Crossing the Plains."

Transcriber's NotesEvery effort has been made to replicate this text as faithfully as possible, including obsolete and variant spellings and other inconsistencies.The transcriber made changes as indicated to the text to correct obvious errors:1. p.  15, awkardness --> awkwardness2. p.  44, we though best --> we thought best3. p.  45, knowldege --> knowledge4. p.  68, maner --> manner5. p.  74, consciouses --> consciousness6. p. 103, characteristc --> characteristic7. p. 114, unusal --> unusual8. p. 149, "tenderfoot' --> "tenderfoot"9. p. 153, "good Indian' --> 'good Indian'Several occurrences of mismatched quotes remain as published. Also, some illustrations have been repositioned to appear between paragraphs, causing some to move to a different page, but page numbers in the Contents remain as published.

Transcriber's Notes

Every effort has been made to replicate this text as faithfully as possible, including obsolete and variant spellings and other inconsistencies.

The transcriber made changes as indicated to the text to correct obvious errors:

1. p.  15, awkardness --> awkwardness2. p.  44, we though best --> we thought best3. p.  45, knowldege --> knowledge4. p.  68, maner --> manner5. p.  74, consciouses --> consciousness6. p. 103, characteristc --> characteristic7. p. 114, unusal --> unusual8. p. 149, "tenderfoot' --> "tenderfoot"9. p. 153, "good Indian' --> 'good Indian'

Several occurrences of mismatched quotes remain as published. Also, some illustrations have been repositioned to appear between paragraphs, causing some to move to a different page, but page numbers in the Contents remain as published.


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