CHAPTER XII

"The lamps shone o'er fair women and brave men—Soft eyes look'd love to eyes which spake again,And all went merry as a marriage bell."

"The lamps shone o'er fair women and brave men—Soft eyes look'd love to eyes which spake again,And all went merry as a marriage bell."

When refreshments were served, so pleased was the doctor with his young friends' pleasure, that he drew them aside to tell them a bit of his family history.

"My family," said the doctor, "lived for many generations in Ayrshire, Scotland, neighbors to the family of Robert Burns. And, like the poet's people, they were very poor. No wonder! The poor man has no chance in the old country. Years ago an ancestor of mine leased a tract of worthless swamp land for forty-nine years at a penny an acre per year. By hard labor and perseverance he drained the land and made it productive. So when the forty-nine years were up and the family sought an extension of the lease, the rent went up to one pound an acre. This was pretty hard; but by frugality and perseverance the family still prospered. At the end of the second forty-nine years the rent demanded was five pounds an acre. Think of it—twenty-five dollars a year! That was too much to endure, so my father, then a young blacksmith, was sent over to Canada to buy land. He bought three farms of a hundred acres each, one for himself, one for his brother, and one for their father, paying four dollars an acre. Here again the rich man had the upper hand. For this same land had been sold by the British Government to capitalists for twenty-five cents an acre. Of course, my people had no money to pay cash down, but they quit Scotland nevertheless. They came over in 1832, in a small sailing vessel, which took four weeks to make the passage. Then came another struggle. The land was very productive, but money was scarce and crops brought hardly anything. But at least the Mason family had enough to eat. Finally, after many years, the mortgages were paid off, and the family established."

The doctor paused, and Mat thought he saw a reason for Scotch grit. He contrasted such a history with the get-rich-quick methods of California!

"America," continued the doctor, "is the land of opportunity. With good health and industry the poor man can succeed." And he looked at Mat significantly.

The golden summer had come again. To old man Palmer, living alone on the top of Fillmore Hill, the great snow banks stored high upon the mountains meant abundance of water for mining. The strange flowers of California, yellow and red, grown familiar now after many years, made their appeal to him. With the returning summer he welcomed the yellow bird with red crown and black wings. He loved the exhilarating air and the glorious sunshine. But I am afraid the golden glow of morning suggested gold.

He was cleaning up several square rods of bed-rock in the ancient river bed on the hill-top, and the dirt was rich in gold. Every morning early, leaving his breakfast dishes unwashed, he carefully shoveled this dirt into his sluices, and watched the water carry mud and sand away. Once in a while he would shut off the water to examine the rich amalgam at each cleat across the trough, removing that which was saturated with gold and replacing it with fresh mercury. This clean-up was going to be especially good, and he was glad to be alone.

Treasure like this would tempt his lawless neighbors. He wanted no such rogues round as they had at Angels Camp, Calaveras County, where, according to his last copy of "The California Democrat," the post-office had been robbed of a thousand dollars, including one hundred dollars' worth of postage stamps. Postage stamps! He laughed to think to what straits thieves had come in Calaveras County.

Then he thought of his own hard-earned treasures, safely locked up in the Hibernia Bank of San Francisco and with D. O. Mills of Sacramento. Some day kindred back in Connecticut would have cause to praise his frugality and self-denial. Sometimes he thought of his blasted romance and of the poor woman in San Francisco who scrubbed floors for an honest living. Ah, well, life is hard. His own years of toil were nearly over, as he knew by unmistakable signs. Perhaps this rich clean-up would be his last. And so it was; though nearly two years elapsed before a merciful Providence released the old man from this world where thieves break through and steal the fruits of our labors.

The Woolsey boys, young men now, with the strength of the hills in bone and muscle, were the old man's chief reliance. They could see that he was failing, and felt sincerely sorry. They noted with what grim determination he stuck to his work. The tenacity inherited from a hundred generations of strong men, farmers, sea-kings, warriors, nerved his old arms and kept strong the will within him.

One day about the first of August, in the early afternoon when the sun is hottest, they found the old man within doors, washing dishes.

"Sit down, Mr. Palmer," said John, the older of the boys, "and we will do the dishes for you."

"Well, boys, go ahead. I know what famous pot-wrastlers ye be. I can't compete with you." And he gladly sat down, to examine a legal document the boys had brought him. For one Dupre, who had a rough farm at the bottom of the cañon and sold the old man vegetables, had sued him for damages, because the dirt washed down from Palmer's diggings had covered up a few square rods of grass land. The damage was slight, but the Frenchman was thrifty, and had sued for a round sum. Palmer was quite willing to pay actual damages, but he had refused to be robbed. A compromise had finally been made, and Dupre agreed to withdraw his suit upon the payment of fifty dollars. To this contract the old man now affixed his signature, in a very shaky hand.

"There, I'm glad that's settled," said he. And a moment later he had fallen out of his chair upon the floor.

Miner's paralysis! Even the Woolsey boys knew the symptoms. They lifted the old man up and put him on his bed, gave him whiskey, and then consulted as to their next duty. They could not leave him there alone upon the mountain-top; nor was it an easy matter to descend to the bottom of the cañon for help.

"You stay here, Charley," said John, "and I'll go for Dr. Mason."

"That won't do, Jack. It will be five o'clock before you can cross the cañon, and dark by the time you reach North Bloomfield. Alleghany City is the place to strike for. Get Dr. Lefevre over there. They say he can cure paralysis if any man can."

"It's no easy trip to Alleghany, either," said John thoughtfully. "The cañon of Wolf Creek is as bad as the cañon of the Middle Yuba. And there's Kanaka Creek beyond."

"Then again, whichever way you go," responded his brother, "you ain't sure of finding the doctor. Better take the old man with us and make for Alleghany, I guess."

This seemed the most feasible plan. So they saddled Palmer's sure-footed horse, put his sick master into the saddle, and started down the trail across the cañon of Wolf Creek. It was a long, hard trip. To the Woolsey boys, holding and steadying the old man, the cañon had never seemed so deep. At last they reached the Plumbago Mine, on the opposite height, where they borrowed two mules to carry them the rest of the way. It was easy going now as far as Chipp's Flat. Late in the evening they climbed the steep trail from Kanaka Creek to Alleghany City, took their charge to the hotel, and hunted up Dr. Lefevre.

So began a long, hard sickness, the first serious sickness Robert Palmer had suffered since his arrival in the gold fields. For days he lay helpless. As soon as he was sufficiently recovered to take notice of his surroundings, he begged to be moved from the noisy hotel, with its sickening smells, to the cabin of an old friend named Lee, who lived some distance from the main street.

There are not more than half a dozen streets in Alleghany City, the principal one being the road along the mountain-side, which, leaving the village, climbs up over an ancient stream of lava, and crossing the summit of the mountain plunges down to Forest City. Dr. Lefevre was the only doctor in the two "cities," and spent much of his time crossing the high ridge that separates the two. He often wished that the miners, in pursuit of gold-bearing gravel, had dug a passage-way through the ridge, as they had done on the opposite side of Kanaka Creek, where there was a tunnel from Chipp's Flat to Minnesota. But on this side of the creek they mined for quartz. However, the miners were good patients, and some day the doctor hoped to return to France with the gold his skill had earned him.

With a Frenchman's zeal for science and thoroughness, he was a most excellent physician. By the first of October, Robert Palmer was cured. To the doctor it seemed almost a miracle; and he cautioned the old miner kindly:

"Mr. Palmer, one can never tell about this malady. To-day you are well, thanks to your remarkable constitution and a Frenchman's art. Next month, perhaps"—and he shrugged his shoulders.

"If you have any business matters to settle, monsieur, any affair of the heart, any will to make, you had better attend to such things while the good Lord gives you strength."

Robert Palmer heeded this advice; and so, a few days after, when he had returned to his house on Fillmore Hill, he wrote the following remarkable document:

"Fillmore Hill, Oct. 12, 1880."I, Robert Palmer, the undersigned, of sound mind, declare this to be my last will and testament. After my death it is my will that after all just, honest debts and expenses are paid, if there is any property left that it shall be divided equally between my nieces and nephews: that is, each one shall receive an equal share; and it is also my will that should a majority of my nieces believe money or other property placed in the hands of any of their number would not be used properly the others shall hold such money or property and pay it to the owner at such times and in such amounts as they may think best: and it is also my will that the same plan shall be adopted and carried out with regard to my nephews as I have named above for my nieces, except my nephews shall hold the property."Now then be it known that I hereby appoint as my administrators or executors, to execute and carry out the above my will, the following named persons, (to wit), John Hintzen of Forest City, Sierra County; John Haggerty of Moore's Flat, Nevada County, and Henry Francis of Moore's Flat, Nevada County: also James B. Francis of Reedsville, Mifflin County, Pennsylvania; to act without bonds, and also to act without the interference of any court of law or any Public Administrator whatever; to act at all times and under all circumstances to the best of their judgment in settling my affairs: if they have patience they may hear any pleas my relations have to offer, but I wish them in the end to stand firm and resolute on their own judgment, and take time to settle the concern whether it need one year or twenty years."And furthermore it is my will that if the above named persons cannot act conveniently then if two or more act they shall have the same power as if all acted; but if only two act they shall both agree on all the matters, but if more act then the majority may rule."Robert Palmer." Oct. 12, 1880.

"Fillmore Hill, Oct. 12, 1880.

"I, Robert Palmer, the undersigned, of sound mind, declare this to be my last will and testament. After my death it is my will that after all just, honest debts and expenses are paid, if there is any property left that it shall be divided equally between my nieces and nephews: that is, each one shall receive an equal share; and it is also my will that should a majority of my nieces believe money or other property placed in the hands of any of their number would not be used properly the others shall hold such money or property and pay it to the owner at such times and in such amounts as they may think best: and it is also my will that the same plan shall be adopted and carried out with regard to my nephews as I have named above for my nieces, except my nephews shall hold the property.

"Now then be it known that I hereby appoint as my administrators or executors, to execute and carry out the above my will, the following named persons, (to wit), John Hintzen of Forest City, Sierra County; John Haggerty of Moore's Flat, Nevada County, and Henry Francis of Moore's Flat, Nevada County: also James B. Francis of Reedsville, Mifflin County, Pennsylvania; to act without bonds, and also to act without the interference of any court of law or any Public Administrator whatever; to act at all times and under all circumstances to the best of their judgment in settling my affairs: if they have patience they may hear any pleas my relations have to offer, but I wish them in the end to stand firm and resolute on their own judgment, and take time to settle the concern whether it need one year or twenty years.

"And furthermore it is my will that if the above named persons cannot act conveniently then if two or more act they shall have the same power as if all acted; but if only two act they shall both agree on all the matters, but if more act then the majority may rule.

"Robert Palmer." Oct. 12, 1880.

Only one who knows the spirit of early California can understand this document. Its beginning is modest: "if there is any property left." What amount was the old man about to distribute? He was too cautious to mention it; and when his friend John Hintzen of Forest City, in whose safe the will was deposited, wrote asking for a list of the property, the old man parried the question.

Another curious feature of this document is that the old man chose two executors. He did not care to trust any one friend too far, apparently.

Robert Palmer, Democrat, paid his respects to courts and lawyers. His executors were "to act without bonds, and also to act without interference of any court of law or any Public Administrator whatever." He might better have trusted the courts, as we shall see, for his friends failed him. After thirty years the executors all died; and to this day the will of Robert Palmer is an unsolved mystery.

The gold that with the sunlight liesIn bursting heaps at dawn,The silver spilling from the skiesAt night to walk upon,The diamonds gleaming in the dewHe never saw, he never knew.He got some gold, dug from the mud,Some silver, crushed from stones,The gold was red with dead men's blood,The silver black with groans;And when he died he moaned aloud,"There'll be no pocket in my shroud."Joaquin Miller.

The gold that with the sunlight liesIn bursting heaps at dawn,The silver spilling from the skiesAt night to walk upon,The diamonds gleaming in the dewHe never saw, he never knew.

He got some gold, dug from the mud,Some silver, crushed from stones,The gold was red with dead men's blood,The silver black with groans;And when he died he moaned aloud,"There'll be no pocket in my shroud."

Joaquin Miller.

John Keeler, returned from his travels, became Palmer's trusted messenger to Hintzen, to whom the old man sent a copy of his will. Keeler was provided with another copy to deposit at the court-house in Downieville, county seat of Sierra County. For although Robert Palmer disliked courts and lawyers, he deemed it wise to file a copy of his will at the court-house. This he could do without telling Hintzen, so he instructed Keeler, after having seen that gentleman at Forest City, to continue over the mountains to Downieville, as if on private business.

Honest John Keeler, after a year spent in tracking criminals, had little liking for this new mission. It seemed as if his old friend thought all men rogues. Such a sweeping condemnation would include himself, and he resented the insinuation. However, the old man was still feeble. So Keeler set out on foot across the mountains.

It had been some time since he had been as far as Chipp's Flat. There he sought out the old cannon, long since dismounted, and sitting down upon it he thought of the changes wrought in that neighborhood within his recollection. In Civil War times, eighteen years before, miners of Chipp's Flat and vicinity had enlisted in the Union Army. There had been a full company of a hundred men, and the cannon had been a part of their equipment. But the cannon had not left that California mountain-side; and the soldiers themselves had got no further East than Arizona, for in those days there was no transcontinental railroad. Now that there was one, Chipp's Flat had no need of it. Save for two or three scattered houses the mining town had disappeared. The mountain ridge had been mined through from Minnesota, and now that the gold-bearing gravel had been exhausted, Chipp's Flat, except in name, had gone out of existence.

The next thing of interest was the dirty blue water of Kanaka Creek, and the clatter of the stamping mills on the other side of it; for Keeler was not much used to quartz mining. The name "quartz mining" seemed misleading, for the wash from the crushed rock was distinctly blue. It was evident that these quartz mines were paying well, as Alleghany had every appearance of a live mining town. Keeler stopped at the hotel there for dinner. It seemed strange that intelligent men should so lose their heads. Great quantities of liquor were being consumed at the hotel bar, poker games were in full blast, and there was a cemetery handy.

Keeler was glad to leave Alleghany to climb over the mountain ridge to Forest City. Now to the eastward the lofty peaks of the Sierras hove into view, dwarfing the mountain ridges of the gold fields. He paused to inspect the ancient stream of lava which crossed his path, and considered once more those convulsions of the earth which had thrown the ancient river beds to the hill-tops, and of which California earthquakes are a constant reminder.

Arrived at the summit of the ridge, he looked down upon Forest City, a straggling village in a barren valley denuded of forests. Church, school, and cemetery gave the place an air of permanence; but some day it might disappear, like Chipp's Flat. It lay almost beneath him, so steep was the road down the mountain. Beyond, up the bare valley of a mountain stream, lay the trail to Downieville, nine miles away. His mission to Hintzen performed, he would spend the night at Forest City, and push on to Downieville the next morning.

Hintzen kept the general store at Forest City, a business more certain and profitable than gold-mining; and having a reputation for strict honesty, he had become a sort of agent and business manager for the miners. He was one of the few men Robert Palmer trusted; therefore he received the document from Keeler's hand without surprise. But he could not repress a smile at the testator's extreme caution and resolved forthwith to ask for a list of his friend's securities.

"How is the old man now?" he asked.

"Mr. Palmer has had a close call," replied Keeler. "But he is good for a couple of years yet, I reckon."

"Sit down, Keeler, while I write him a note. You'll find a whiskey toddy up there at the end of the counter.—Beg your pardon. Forgot your temperance principles. There's fresh spring water in that bucket."

Next morning Keeler pushed on up the ascending valley of the mountain torrent. The horns of a wild sheep by the wayside reminded him of earlier days when game was plentiful. The only wild creatures along the trail to-day were rattlesnakes. With these he was well acquainted. But it did give him a start to find one twined about a branch of a bush.

An hour's steady climbing brought him to the top of the watershed between the North and the Middle Yuba. Here a scene of wild grandeur lay before him. Bare crags on either hand guarded the pass over the divide. Immediately in front lay a whole system of deep cañons, clothed with primeval forests, wild and forbidding. Beyond towered a chain of rough, bare mountain peaks. Keeler paused to wonder anew at the vastness of the Sierras.

Then he plunged down from the ridge and was soon traversing one of the most lonesome and gloomy trails in all the mountains. The tree trunks were covered with yellowish green moss. In one place stood a pine stump fifty feet high with the upper hundred feet of the tree thrust into the earth beside it. At another place a huge log blocked the trail. Then he crossed a brook and was among chaparral and manzanita bushes. Then he was among the pines again, listening to their voices, for a breeze was blowing up the cañon. Now he came to a spooky region which had been swept by fire, with bare tree trunks, broken and going to decay, standing like ghosts of the forest. Beyond was a clump of young firs with gray stems, so straight and perfect as to be almost uncanny. Or was it the traveler's overwrought imagination?

Now the trail turned at right angles along the steep side of a cañon, and he heard the music of the mountain torrent far below. Half a mile further on, where the trail crossed the brook at the head of the cañon, it doubled back on itself along the other side. The traveler refreshed himself at a mossy spring by the side of the trail, then, as he emerged from the cañon at a sudden turn, Downieville appeared. It lay far below him, at the forks of the North Yuba. How musically the roar of the river came up through the autumn stillness! Sign boards pointing to the Ruby Mine, and to the City of Six, prepare the traveler for the discovery of some settlement in the wilderness. But he is hardly prepared for such a beautiful and welcome sight. Here, tucked away among the mountains as tidily as some Eastern village, lies the county seat of Sierra County. But this is California and not Maryland, for yonder comes a mountaineer up the trail with his pack horses.

Keeler lost no time in descending and transacting his business at the court-house. But after his lonesome walk over the mountains something he saw here appealed to his imagination. It was a human skull, which had belonged to a murderer. The murdered man was a Frenchman, killed for his money. This was Keeler's first visit to Downieville since the crime, and as he had known the Frenchman he determined to visit his grave.

The cemetery is up the river beyond the edge of the town; and here, in more senses than one, a traveler finds the end of the trail. Men and women whose life journey had begun in New England, Old England, Wales, Ireland, France, Denmark, or Russia, had here come to their journey's end.

At the cemetery gate, fastened by a wire, was the quaint sign:

"NOTICEPLEASE PUT THIS WIRE ON AGINTO KEEP IT SHUT."

"NOTICEPLEASE PUT THIS WIRE ON AGINTO KEEP IT SHUT."

A beautiful clear mountain stream flows along one side of the ground and pours into the river below. A lone pine chants requiems over the dead; and yellow poppies with red hearts spring out of the graves. Many of the headstones are boards, naturally; and one poor fellow, whose estate at death was probably a minus quantity, is commemorated by a strip of tin with his name pricked into it. There is a fair proportion of pretentious monuments, which were drawn by ten-horse teams from some distant railroad station.

Marked by such a monument was the grave which Keeler sought. The symbolism was striking,—a broken column, an angel holding out an olive branch, and Father Time. And this was the verse of Scripture carved in stone:

"Man walketh in a vain shadow:he heapeth up riches and cannottell who shall gather them."

"Man walketh in a vain shadow:he heapeth up riches and cannottell who shall gather them."

Forgetting the murdered Frenchman in the forcefulness of the text, Keeler wondered if Robert Palmer's journey, too, would end like this.

In California Opportunity knocked at every gate—not once but many times. It returned again and again, most persistently, and intruded alike on men awake and feasting, or asleep and dreaming. John Keeler had hardly spent an hour in Downieville before he had met a Golden Opportunity. On approaching the town he had passed several short tunnels dug into the hillside, and at the court-house he met the owners of one of these tunnels. Smith came from Ohio,—he had for many years been a teacher, and was a member of the Grand Army of the Republic. His partner, whom he introduced as a Confederate veteran, was a Virginian. As partners, the blue and the gray were almost irresistible. Three hundred dollars invested in their shaft would mean a rich strike.

But other Opportunities had left Keeler rich in experience and short of cash. He could not use Robert Palmer's money as his own; so he could only smile, rather sadly, and wish his new friends success. How many of his acquaintances had invested good money in a hole in the ground! Even the most prudent, in some unguarded moment, had parted with thousands of dollars, like the dog in the fable which dropped the real bone to seize the shadow. There was Mack, proprietor of the hotel at Graniteville, making lots of money at his business and losing it all in mining ventures. Only the other day Mack had remarked that if his savings had been allowed to accumulate in some good bank he would now be worth some fifty thousand dollars. As it was, he was as poor as his humblest guest. Even Dr. Mason, canny Scot though he was, could not forget the sight of ninety thousand dollars' worth of gold bullion he had once seen piled up at North Bloomfield, and so was persuaded to gamble with his earnings. He had lost as much as Mack. How rosy is the rainbow, and how evanescent the pot of gold at the end of it! California had swallowed up more wealth than its gold could ever repay, as Keeler well knew. It was only occasionally that some lucky devil, or some prudent, saving man like Robert Palmer, after thirty years in the gold fields, had anything to show for it.

So Keeler, pondering the deceitfulness of riches, sadly made his way back across the mountains. Even then Fate was weaving her web about his old friend Palmer, who was soon to lie in a pauper's grave. Francis seized a Golden Opportunity.

Francis had so far prospered that he had moved to San Francisco. In the city he could watch the stock market, as he told himself privately. To his friends he announced that failing health demanded the change, albeit the exhilarating air of the Sierras was far more beneficial than the dampness of the sea coast. But Francis, inheriting ten thousand dollars from one of his deceased brothers, had moved to San Francisco, taking with him sundry hundreds and thousands of dollars, entrusted to him by his Pennsylvania friends for investment. Everybody had faith in the integrity of Henry Francis.

The next summer, when the blue-bells were in blossom at Grass Valley, he passed through that prosperous mining town on the narrow gauge bound for Nevada City and Moore's Flat. This was the summer of 1881, nearly two years after the murder of Cummins. A still, small voice accused him of something akin to highway robbery; and it gave his conscience a twinge to pass the well-known stump which had concealed the robbers. It was bad enough that the robbers were still at large, a fact that reflected upon him. "Bed-bug Brown's" mission had proved a fiasco. But the thing that really worried Francis was his own mission and not the fruitless one of Brown's. If his own proved fruitless his conscience might be better satisfied.

But business is business, and the day was fine. Francis was a gentleman and something of a scholar. His face showed refinement, and his hands were as soft as a gambler's. He was fairly well read, and he could have told you, when the stage crossed the South Yuba, that "Uvas" is Spanish for "grapes," and that the name "Yuba" is a curious English abbreviation of "Rio Las Uvas."

When next day he crossed the foot-bridge over the Middle Yuba, where it tears along in its deep, wild cañon below Moore's Flat, he was less interested in Spanish or in the grandeur of the scenery than he was in reaching Robert Palmer's. He had not hired a horse at Moore's Flat, as the livery man might be curious; so he had sauntered along through the village, greeting old friends and chatting with them now and then until considerable time had been consumed, but he knew that the old man would put him up for the night.

It was late in the afternoon before he reached the top of Fillmore Hill. Old man Palmer, much broken in health, as Francis remarked with a degree of inward exultation immediately reproved by his conscience, greeted him affectionately.

"Well, Henry, I almost thought you had forgotten me. But, of course, I knew better."

"You must remember, Mr. Palmer, that it is quite a ways up here from the city. The narrow gauge from Colfax is little better than a stage coach. It means a trip of fifty miles into the mountains to get here."

"Well, I'm mighty glad you've come. As soon as you've rested a bit, I want to talk business."

Francis argued with his conscience that the old man had invited him. How could he have refused to answer the summons? Palmer ushered him into the house, where, seated comfortably in the kitchen and welcomed by dog and cat, he partook of the old man's hospitality. Palmer was evidently much wrought up; and, as soon as his guest had rested a little, proceeded to business.

"You got my letter?"

"Yes, Mr. Palmer."

"Hintzen has informed you that I've named you as one of my executors?"

"Yes."

"And you will be willing to act, I hope?"

"Well, Mr. Palmer, I hope that won't be necessary for many years to come."

"The Lord only knows how long I have to live. It was rather hard for me here last winter. But I guess the mountain air was good for me. However, I'm going to spend next winter at Sherwood's. The Woolsey boys say they'll take good care of me; and I'm going to deed them my claim."

"Better come to San Francisco. I saw a friend of yours down there the other day, a Mrs. Somers, who always inquires about you."

"And how is she getting along these days, Francis?"

"She appears to be well. Says hard work agrees with her."

"Glad to hear good news of her. She writes me occasionally. Remember me to her when you see her."

"Then you don't think you'll go below with me?" ("Going below" was local parlance for going to San Francisco.)

"No. I'd feel like a fish out of water in that big city. I'll be comfortable at the Sherwood's. I'll have to depend upon you to send me some money occasionally."

"Hintzen writes me that he has your will locked up in his safe. I suppose you have given him a list of your property?"

"He has written me asking for a list; but I'm not going to give him any." If the old man had not trusted Francis so implicitly he might have noticed an expression of relief light up that gentleman's dark eyes.

"So I handle your funds, and Hintzen holds your will," smiled Francis. "Do you think that is fair to either of us?"

"Oh, as for the will, I've kept a copy, which you may as well look at." And he fetched the document.

Francis read it over very carefully; and then looked up with an expression of undisguised satisfaction.

"I'm glad you put it that way," he said. "You leave it to us to act in accordance with our best judgment, whether it takes one year or twenty years. That leaves us free to dispose of securities to the best advantage, and not sacrifice them in a falling market."

"Yes, I was thinking of that investment you advised me to make a year ago."

Francis winced a little; for the old man probably knew how low a certain stock had fallen.

"I see you've named my brother back in Pennsylvania as one of the executors."

"Yes; as most of my heirs live in the East, I thought your brother could hunt them up, and let you do business through him."

"That is a good idea. But don't you think Hintzen and Haggerty ought to have a list of your property? If you should die, and they found on examining your books and papers that you had trusted me but not them, why, naturally, they would feel hurt."

"Well, Haggerty's an Irishman, and Hintzen's a Dutchman. You are an American like myself, and, what's more, a Democrat after my own heart. I want you to hold the funds."

"If you feel that way, I wish you wouldn't tell anybody. For if they knew I had money belonging to you people would suspect me of helping myself to it."

Francis had been rehearsing this speech for several days; but was now rather surprised that he had the nerve to utter it. But the old man trusted him. Was not Francis almost a son to him?

If he had been, he could not have inherited the old man's property more surely. He stayed over night on Fillmore Hill; and when he departed next morning, he took with him bank books and securities and a letter to Palmer's banker which made Francis the custodian of all his money. He even took a small chamois skin bag filled with gold nuggets which the old man had saved. And he left behind at the house on Fillmore Hill not a receipt or a paper of any kind that would indicate that Palmer ever had had any money. They had burned all such tell-tale records; and Henry Francis felt that he was guilty of something baser than highway robbery. Yet, if the stock market should take an upward turn, all might be well.

Gaily bedightA gallant knight,In sunshine and in shadow,Had journeyed long,Singing a song,In search of Eldorado.But he grew old—This knight so bold—And o'er his heart a shadowFell as he foundNo spot of groundThat looked like Eldorado.And, as his strengthFailed him at length,He met a pilgrim shadow—"Shadow," said he,"Where can it be—This land of Eldorado?""Over the MountainsOf the Moon,Down the Valley of the Shadow,Ride, boldly ride,"The shade replied,"If you seek for Eldorado!"Edgar Allan Poe.

Gaily bedightA gallant knight,In sunshine and in shadow,Had journeyed long,Singing a song,In search of Eldorado.

But he grew old—This knight so bold—And o'er his heart a shadowFell as he foundNo spot of groundThat looked like Eldorado.

And, as his strengthFailed him at length,He met a pilgrim shadow—"Shadow," said he,"Where can it be—This land of Eldorado?"

"Over the MountainsOf the Moon,Down the Valley of the Shadow,Ride, boldly ride,"The shade replied,"If you seek for Eldorado!"

Edgar Allan Poe.

Robert Palmer's diggings on Fillmore Hill are still plainly seen from the stage road on the other side of the cañon of the Middle Yuba; but he who has the hardihood to cross the cañon will find the mine worked out, the water-ditch dry, and the old man's house pulled down. The basement of the house still affords shelter to adventurers who come to dig for Palmer's hidden treasure. There is no other treasure on that barren hill-top, for the Woolsey boys, to whom the old man deeded his mine, worked out the paying gravel long ago.

At the bottom of the cañon, and just across the cold, rushing river, is a clump of rose bushes, which mark the spot where the Woolsey brothers lived with their mother and old Sherwood, their step-father. Beyond the rose bushes, in the edge of a meadow, are three lonely graves, covered by the branches of alders, unmarked save for flat field stones, and unknown except to a few ranchmen who drive their cattle up the river for summer pasturage. The first burial was that of one "Scotty," a ranchman. In 1915 there was living at the Soldiers' Home in the Napa Valley an octogenarian, last surviving member of the Keystone Club, who had helped to dig Scotty's grave. In the middle grave by the Middle Yuba lies the body of Robert Palmer. The third grave is that of Sherwood. No doubt these Californians rest as peacefully as those whose mortal remains have been gathered into the cemetery at Downieville. Mother Earth has received her children back into her bosom, and day and night the river chants their requiem.

In September, ten weeks after Henry Francis's visit, Palmer put his house in order, and with Sammy, the cat and his dog Bruce, sought protection at Sherwood's. For Sherwood he had little respect; and he thought Mrs. Sherwood a silly woman to have brought her boys to such a home. But the boys were now grown men, friendly, generous, and strong. The old man had no better neighbors.

He insisted, proud and independent to the last, that he should provision the family for the winter. So he drew on Hintzen, who packed in an abundance of good things from Forest City. Every night the old man sat by the stove. He liked to stroke Sammy's sleek coat and listen to the cat's affectionate purring. He liked to tell how his dog Bruce had saved his life. For it seems Palmer had once started off for Forest City by night, was stricken with a paralytic shock, and, falling unconscious in the woods, was finally rescued by neighbors who had heard the dog's insistent barking.

When the snow was deep in the cañon, and the supply of provisions was getting low, the old man ordered more from Hintzen. He recalled the severity of New England winters, and talked of the friends of his youth. He began to plan a trip East in the coming summer, directed John Woolsey to inquire as to the expense of such a trip, and proposed to employ him as a traveling companion. And feeling the need of some money, he bade Mrs. Sherwood write a letter for him to Francis, signing it with his mark.

For some unaccountable reason Francis made no answer, and the old man seemed much disturbed. Other letters were dispatched. Still no answer. After long waiting a letter in a feminine hand, postmarked "San Francisco," and addressed to "Rob't Palmer, Moore's Flat," found its way through the snow-drifts to Sherwood's ranch. It was from Harriet Somers. But no letter came from Francis.

Finally Sherwood suggested a registered letter. In a few days a receipt came back, followed by a letter in which Francis explained that he had just returned from a trip to Honolulu for his health, and that he hoped when he was better to go up into the mountains to see Mr. Palmer.

But the old man's strength was failing, and worry over Francis had resulted in another paralytic shock. Dr. Mason was summoned, and made his way into the cañon on skis. He found the patient in bad condition, suffering from miner's paralysis in its worst form. Still, the old man rallied, affixed his mark in lieu of signature to a letter ordering medicines and other necessaries from Hintzen, and forbade the writing of alarming letters to his relatives. He hoped to weather the storm again as he had done under Dr. Lefevre's treatment.

But patient and nurses had their premonitions. He would call out in distress, "Mrs. Sherwood, please help my hand," and she, taking the stiffened fingers in hers, would soothe him so. He came more and more to depend upon her. Told her he trusted she would do whatever was needful; and, sure sign of the coming end, spoke of his relatives in the East. Save for the astronomer nephew, he had seen none of them for more than thirty years; but his heart went out in tenderness towards them. He spoke of his brothers and sisters and their promising children. Weeping, he told of his beloved mother, who died when he was a boy of seven years and left him heart-broken.

He talked about making legal provision for pet cat and dog, which did not forsake him in his weakness. Mrs. Sherwood, remarking upon such extravagance, asked:

"You have considerable means, Mr. Palmer?" And he, grown less secretive under her patient nursing, replied:

"Why, yes, I have considerable money."

The days went by, and he got no better. But his mind was clear; and he resolved before it was too late to reward his benefactors. So a justice of the peace was summoned, and a deed of the old man's claim on Fillmore Hill was drawn up, making the property over to the Woolsey brothers. Without hesitation he described his boundaries in legal fashion; and he signed the deed with his mark, before witnesses. Furthermore, he told the boys where they would be likely to find rich gravel; and they afterward had cause to praise the old man's judgment.

He became as gentle as a woman. Indeed, Mrs. Sherwood, who had hung up some of his family portraits about his bed, remarked that in his sickness he very much resembled the astronomer's mother, his sister. He comforted his friends, and told them his wishes in case he was "caught in a worse snap," as he put it.

About this time he was stricken with blindness. Mrs. Sherwood was much affected. She took down her Bible and read to him. And she read the beautiful litanies of the Episcopal prayer-book. With her boys she knelt in prayer by his bedside. The blind eyes moistened; for the strong man's heart and brain still served him well.

Only a few days before the end, when the whole body was apparently paralyzed, Dr. Mason inquired if there was any business which he wished attended to, and Robert Palmer replied:

"My affairs are settled; and, Doctor, you will be paid for your services."

The last day of April had arrived; but the snow banks were still deep in the cañon. Nothing further had been heard from Henry Francis, but the old man at last seemed reconciled. Perhaps Francis was not well enough to come through the snow. It was Sunday, and at midnight came the fatal stroke. He did not regain consciousness, and died peacefully on Tuesday afternoon, May 2, 1882.

Then strange things happened. Hintzen, a large, heavy man, unused to exercise, appeared on snow-shoes at Sherwood's house and asked if Mr. Palmer had said anything about his property. No! And though the dead man lay within, he turned away and immediately put back to Forest City. Henry Francis was notified. But Henry Francis did not make his appearance. And the snow drifts being deep, Robert Palmer was buried by the side of Scotty, like a pauper.

No, not like a pauper; for there was still twenty-nine dollars standing to his credit at Hintzen's. And this sum defrayed his funeral expenses. Out of rough planks, lying about to mend sluices, the Woolsey boys framed a coffin, for which they procured handles at a neighboring village. And Mrs. Sherwood, faithful nurse and spiritual adviser, laid the old man out in his best clothes. The rugged face showed no look of annoyance. After thirty-three years of honest striving the old Forty-niner slept the sleep of the just.

The doctor's bill remained unpaid, a circumstance which would have annoyed Robert Palmer exceedingly, were he further concerned with the affairs of this world. It would appear that Henry Francis deemed it good policy to assume no obligations. So for thirty-three years that honest debt remained unpaid; while in the meantime Francis, Hintzen and Haggerty became wealthy, lost their money, and passed on to their reward. The doctor, long since removed from North Bloomfield, thieves, and murderers, was finally paid by Palmers of a later generation.

When news of Robert Palmer's death reached his relatives, pity for his lonesome life of self-denial was swallowed up by pleasant anticipations. But weeks and months passed by with no word of encouragement from his executors. Finally, Mrs. Sherwood, thinking the heirs were being defrauded, wrote East urging that some member of the Palmer family visit California. So the astronomer nephew, at considerable expense to himself, was delegated to cross the continent. At the end of August he found himself in the Sierras once more. On horseback he visited Sherwood's ranch, and his uncle's house on Fillmore Hill, ran the gauntlet of rogues at Alleghany, and passed on over the mountains to Forest City and Downieville. It was a glorious outing, in spite of the dust. How brightly the stars shone down on the Sierras! But the further he investigated the deeper grew the mystery. Dr. Mason told the story of the sixty thousand dollars loaned by Robert Palmer to the water company. But the three California executors, reputed honest men, assured the nephew there was no money to be found. Bankers in Sacramento and San Francisco were polite but disappointing. All the astronomer brought home was Mat Bailey's story of the murder of Cummins, a copy of Robert Palmer's will procured at Downieville, and a problem which defied his higher mathematics. "Set a thief to catch a thief;" the astronomer was an honest man.

A few months after his return from California, the tangled web of my yarn began to unravel. Mat Bailey had reported that nothing had been heard of the highwaymen "from that day to this." But John Keeler's work had not been done in vain. O'Leary of You Bet, the Nevada City jail-bird, had been duly impressed with the handsome reward offered for the apprehension of the murderers. So every time he met an old acquaintance he talked about the murder of Will Cummins. It was a simple method of procedure, and it did not prove immediately successful. As it was about as easy to be a vagabond in one locality as in another, he drifted from place to place—first to Sacramento, then to San Francisco, then over the Sierras to the mining camps of Nevada, then through Utah and Wyoming, till at last he found himself in jail in St. Louis.

There, three years after the murder, he found his old pal J. C. P. Collins—but how changed! Could that coarse and bloated countenance belong to the fastidious and pleasure-loving Collins?

"Well, Collins, I hardly knew you. How does the grub here compare with what we used to get at Carter's boarding-house?" O'Leary referred to the jail at Nevada City.

"This must be your first week in St. Louis," replied Collins, "if you haven't put up at this hotel before. Been caught stealing again, I suppose?"

"That's me. Only the matter of a lady's purse that was of no use to her."

"Well, women are the cause of all my trouble. They drag a man down worse than drink. They are a bad lot, are women."

"Why, you're a regular preacher, ain't you? You used to be a ladies' man."

"That was in California."

"How's the wild and woolly?" asked Collins, presently, looking his old pal over contemptuously.

"Oh, I know I ain't stylish like you Eastern dudes. I'm a honest miner, I am. And I don't wear boiled shirts like you."

"You're honest, all right. We'll leave that to Sheriff Carter. Remember how he caught you stealing that Chinaman's dust? I can see that Chinaman's sign now: 'Heekee & Co., Gold Dust Bought.' By the way, what's become of my old flame back there?"

"Oh, a lady? I don't remember no ladies that was acquainted with gents like us."

"I don't reckon you know the girl I mean. She wasn't in your class, that's a fact."

"Maybe I can tell you if you'll just say her name."

"Well, I'm inquiring after Miss Mamie Slocum, the sweetest little girl in Nevada City."

"You're joking, sure. That girl never had any use for the likes of you. Mat Bailey would knock your head off if he heard you breathe her name."

"Insult me as much as you like. 'No fighting' is the rules of this hotel. I asked you, how is that little girl? Sweet on Mat Bailey, is she? Well, I'm glad of it."

"Yes; she and Mat have been good friends ever since Will Cummins was killed."

"So? How's that?"

"Why, you know she came down on the stage that day, and saw it all. Some say she knew the robbers and helped them find Cummins' bullion. I guess Mat was in the deal, too. Anyhow, she and Mat have been good friends ever since, as I tell you."

"Now look here, O'Leary, you're dead wrong. That girl is as innocent as you are."

"Sure! The judge just sent me up for snatching a purse, you know."

"I tell you that girl knew nothing about the hold-up."

"It must have happened after you left California, or you wouldn't be so sure. I'll tell you about it. Stage comes down from Moore's Flat. Mamie Slocum talks and laughs with Will Cummins. Sees where he stows his old leather grip. Sings out to the robbers, 'That's Mr. Cummins' valise under the seat there.'"

"That's a lie, and you are a fool to believe it!"

"I'm telling you the facts."

"The facts! Why, man, wasn't I there? And don't I know just what happened?"

Astonished at this outburst, O'Leary looked hard at Collins. There was no mistaking his earnestness; and he only leered at the other's astonishment. O'Leary was discreet enough to say no more; and Collins seemed to think his secret safe enough in the keeping of an old pal two thousand miles from the scene of the murder. But that very night O'Leary telegraphed to Sheriff Carter of Nevada City:


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