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wasand so�察�when some roughs jumped the Catholic bone´yard and started
in to stake out town´lots in it he went for 'em� �And he cleaned 'em��
too� �I was there�察�pard�察�and I seen it myself。;
;That was very well indeedat least the impulse waswhether the act was
strictly defensible or not。 Had deceased any religious convictions��
That is to say�察�did he feel a dependence upon�察�or acknowledge allegiance
to a higher power��'
More reflection。
;I reckon you've stumped me again�察�pard。 Could you say it over once
more�察�and say it slow�拭�
;Well�察�to simplify it somewhat�察�was he�察�or rather had he ever been
connected with any organization sequestered from secular concerns and
devoted to self´sacrifice in the interests of morality�拭�
;All down but nineset 'em up on the other alley�察�pard。;
;What did I understand you to say�拭�
;Why�察�you're most too many for me�察�you know。 When you get in with your
left I hunt grass every time。 Every time you draw�察�you fill�察�but I don't
seem to have any luck。 Lets have a new deal。;
;How�拭 �Begin again�拭�
;That's it。;
;Very well。 Was he a good man�察�and;
;ThereI see that�察�don't put up another chip till I look at my hand。
A good man�察�says you�拭 �Pard�察�it ain't no name for it。 He was the best
man that everpard�察�you would have doted on that man。 He could lam any
galoot of his inches in America。 It was him that put down the riot last
election before it got a start�察�and everybody said he was the only man
that could have done it。 He waltzed in with a spanner in one hand and a
trumpet in the other�察�and sent fourteen men home on a shutter in less
than three minutes。 He had that riot all broke up and prevented nice
before anybody ever got a chance to strike a blow。 He was always for
peace�察�and he would have peacehe could not stand disturbances。 Pard��
he was a great loss to this town。 It would please the boys if you could
chip in something like that and do him justice。 Here once when the Micks
got to throwing stones through the Methodis' Sunday school windows�察�Buck
Fanshaw�察�all of his own notion�察�shut up his saloon and took a couple of
six´shooters and mounted guard over the Sunday school。 Says he�察�'No
Irish need apply��' And they didn't。 He was the bulliest man in the
mountains�察�pard� �He could run faster�察�jump higher�察�hit harder�察�and hold
more tangle´foot whisky without spilling it than any man in seventeen
counties。 Put that in�察�pardit'll please the boys more than anything
you could say。 And you can say�察�pard�察�that he never shook his mother。;
;Never shook his mother�拭�
;That's itany of the boys will tell you so。;
;Well�察�but why should he shake her�拭�
;That's what I saybut some people does。;
;Not people of any repute�拭�
;Well�察�some that averages pretty so´so。;
;In my opinion the man that would offer personal violence to his own
mother�察�ought to;
;Cheese it�察�pard�察�you've banked your ball clean outside the string。
What I was a drivin' at�察�was�察�that he never throwed off on his mother
don't you see�拭 �No indeedy。 He give her a house to live in�察�and town
lots�察�and plenty of money�察�and he looked after her and took care of her
all the time�察�and when she was down with the small´pox I'm d´d if he
didn't set up nights and nuss her himself� �Beg your pardon for saying
it�察�but it hopped out too quick for yours truly。
You've treated me like a gentleman�察�pard�察�and I ain't the man to hurt
your feelings intentional。 I think you're white。 I think you're a
square man�察�pard。 I like you�察�and I'll lick any man that don't。 I'll
lick him till he can't tell himself from a last year's corpse� �Put it
there� ─。�Another fraternal hand´shakeand exit。��
The obsequies were all that ;the boys; could desire。 Such a marvel of
funeral pomp had never been seen in Virginia。 The plumed hearse�察�the
dirge´breathing brass bands�察�the closed marts of business�察�the flags
drooping at half mast�察�the long�察�plodding procession of uniformed secret
societies�察�military battalions and fire companies�察�draped engines��
carriages of officials�察�and citizens in vehicles and on foot�察�attracted
multitudes of spectators to the sidewalks�察�roofs and windows�察�and for
years afterward�察�the degree of grandeur attained by any civic display in
Virginia was determined by comparison with Buck Fanshaw's funeral。
Scotty Briggs�察�as a pall´bearer and a mourner�察�occupied a prominent place
at the funeral�察�and when the sermon was finished and the last sentence of
the prayer for the dead man's soul ascended�察�he responded�察�in a low
voice�察�but with feelings��
;AMEN。 No Irish need apply。;
As the bulk of the response was without apparent relevancy�察�it was
probably nothing more than a humble tribute to the memory of the friend
that was gone�察�for�察�as Scotty had once said�察�it was ;his word。;
Scotty Briggs�察�in after days�察�achieved the distinction of becoming the
only convert to religion that was ever gathered from the Virginia roughs��
and it transpired that the man who had it in him to espouse the quarrel
of the weak out of inborn nobility of spirit was no mean timber whereof
to construct a Christian。 The making him one did not warp his generosity
or diminish his courage�察�on the contrary it gave intelligent direction to
the one and a broader field to the other。
If his Sunday´school class progressed faster than the other classes�察�was
it matter for wonder�拭 �I think not。 He talked to his pioneer small´fry
in a language they understood� �It was my large privilege�察�a month before
he died�察�to hear him tell the beautiful story of Joseph and his brethren
to his class ;without looking at the book。; I leave it to the reader to
fancy what it was like�察�as it fell�察�riddled with slang�察�from the lips of
that grave�察�earnest teacher�察�and was listened to by his little learners
with a consuming interest that showed that they were as unconscious as he
was that any violence was being done to the sacred proprieties��
CHAPTER XLVIII。
The first twenty´six graves in the Virginia cemetery were occupied by
murdered men。 So everybody said�察�so everybody believed�察�and so they will
always say and believe。 The reason why there was so much slaughtering
done�察�was�察�that in a new mining district the rough element predominates��
and a person is not respected until he has ;killed his man。; That was
the very expression used。
If an unknown individual arrived�察�they did not inquire if he was capable��
honest�察�industrious�察�buthad he killed his man�拭 �If he had not�察�he
gravitated to his natural and proper position�察�that of a man of small
consequence�察�if he had�察�the cordiality of his reception was graduated
according to the number of his dead。 It was tedious work struggling up
to a position of influence with bloodless hands�察�but when a man came with
the blood of half a dozen men on his soul�察�his worth was recognized at
once and his acquaintance sought。
In Nevada�察�for a time�察�the lawyer�察�the editor�察�the banker�察�the chief
desperado�察�the chief gambler�察�and the saloon keeper�察�occupied the same
level in society�察�and it was the highest。 The cheapest and easiest way
to become an influential man and be looked up to by the community at
large�察�was to stand behind a bar�察�wear a cluster´diamond pin�察�and sell
whisky。 I am not sure but that the saloon´keeper held a shade higher
rank than any other member of society。 His opinion had weight。 It was
his privilege to say how the elections should go。 No great movement
could succeed without the countenance and direction of the saloon´
keepers。 It was a high favor when the chief saloon´keeper consented to
serve in the legislature or the board of aldermen。
Youthful ambition hardly aspired so much to the honors of the law�察�or the
army and navy as to the dignity of proprietorship in a saloon。
To be a saloon´keeper and kill a man was to be illustrious。 Hence the
reader will not be surprised to learn that more than one man was killed
in Nevada under hardly the pretext of provocation�察�so impatient was the
slayer to achieve reputation and throw off the galling sense of being
held in indifferent repute by his associates。 I knew two youths who
tried to ;kill their men; for no other reasonand got killed themselves
for their pains。 ;There goes the man that killed Bill Adams; was higher
praise and a sweeter sound in the ears of this sort of people than any
other speech that admiring lips could utter。
The men who murdered Virginia's original twenty´six cemetery´occupants
were never punished。 Why�拭 �Because Alfred the Great�察�when he invented
trial by jury and knew that he had admirably framed it to secure justice
in his age of the world�察�was not aware that in the nineteenth century the
condition of things would be so entirely changed that unless he rose from
the grave and altered the jury plan to meet the emergency�察�it would prove
the most ingenious and infallible agency for defeating justice that human
wisdom could contrive。 For how could he imagine that we simpletons would
go on using his jury plan after circumstances had stripped it of its
usefulness�察�any more than he could imagine that we would go on using his
candle´clock after we had invented chronometers�拭 �In his day news could
not travel fast�察�and hence he could easily find a jury of honest��
intelligent men who had not heard of the case they were called to try
but in our day of telegraphs and newspapers his plan compels us to swear
in juries composed of fools and rascals�察�because the system rigidly
excludes honest men and men of brains。
I remember one of those sorrowful farces�察�in Virginia�察�which we call a
jury trial。 A noted desperado killed Mr。 B。�察�a good citizen�察�in the most
wanton and cold´blooded way。 Of course the papers were full of it�察�and
all men capable of reading�察�read about it。 And of course all men not
deaf and dumb and idiotic�察�talked about it。 A jury´list was made out��
and Mr。 B。 L。�察�a prominent banker and a valued citizen�察�was questioned
precisely as he would have been questioned in any court in America��
;Have you heard of this homicide�拭�
;Yes。;
;Have you held conversations upon the subject�拭�
;Yes。;
;Have you formed or expressed opinions about it�拭�
;Yes。;
;Have you read the newspaper accounts of it�拭�
;Yes。;
;We do not want you。;
A minister�察�intelligent�察�esteemed�察�and greatly respected�察�a merchant of
high character and known probity�察�a mining superintendent of intelligence
and unblemished reputation�察�a quartz mill owner of excellent standing��
were all questioned in the same way�察�and all set aside。 Each said the
public talk and the newspaper reports had not so biased his mind but that
sworn testimony would overthrow his previously formed opinions and enable
him to render a verdict without prejudice and in accordance with the
facts。 But of course such men could not be trusted with the case。
Ignoramuses alone could mete out unsullied justice。
When the peremptory challenges were all exhausted�察�a jury of twelve men
was impaneleda jury who swore they had neither heard�察�read�察�talked
about nor expressed an opinion concerning a murder which the very cattle
in the corrals�察�the Indians in the sage´brush and the stones in the
streets were cognizant of� �It was a jury composed of two desperadoes��
tw