Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-24

years; things, had gone ill with her. and now she
WIS widow with means Her son was fire
iad' who must now leave school and go to work.
what could l do, without money and without
friends to help me? And besides there were other
claims upon what little could do
Next morning early was waited upon by a com.
mittee OF miners, who said that they had had talk
with the dead gamblers partner who had admitted
that thirty hundred dollars Of right belonged to
| my partner "and," continued the spokesman. "as
| you may need little we thought we would bring il
to you" Should take it was the question began
| to debate in my mind, until remembered the sis
ters letter. took 1T and sent it to her. telling her
| her brother had died, leaving that much money
without telling her how or when he died.
As luck would have it, no one knew the real name
of either of US, and the word "Yank" was all that
appeared the pine board at the head of his grave
and the law had to be satisfied with the alias Richard
Rose in my case.
| Now to the lock-up A year consumed before my
trial came. The Court asked If it should sppoirt
counsel. sale: : "The defendant Will be content
| with his legal tight to appear in his own behalf
without the production of license" Several able
| lawyers volunteered, when said might call on
them for books and advice, but preferred to take
the management myself.
WAS much applauded by the bar and audience in
the management of the case, and the jury brought
in verdict Of not guilty" without leaving the
box.
Never word of all this had l dared to write to
the little wife, but at the outset had said that,
being obliged to take long journey, she need fear
| nothing If she did not hear from me for several
months. After that did not write until out OF Jail
Then it was the game old, old story of b.ffled
hopes
How utterly wretched man feels when he has to
begin to ackno Wedge to himself that he is failure
That not only is his life to be miserable but he is
destined to have those whom he loves drag along
after him When he begins to feel that his miser-
able life is all that stands between those loved ones
and comparative happiness When he begins to
think seriously OF whether it would not be better to
end ones blghted existence. When one contem-
plates any undertaking and finds himself saying
"What's the use? There is no success in that for
me-" he's on the down grade.
1t was thus argued with myself. But must go
to work again, and went back to the old claim The
miners had preserved my rights inv:o'ate The
ground worked out all around, but that piece
was left untouched. 1t made my heart ache to work
without my old partner, but drowned all re- c)lIec
tons as FAR possible in hard work. The claim paid
Just ten dollars day, and determined to be con-
tent. The first hundred dollars taken out was sent
to the little wife; was the next and the next.
But these amounts seemed so very small. She kept
writing not to Y, that Aunt Helen was more
than a mother to her. Aunt Helen was childless
and rich but this did not satisfy me. What would
Judge Uuderhil say to my failure to provide for my
family? In a few months five thousand dollars had
accumul- ted in the box buried in the dirt floor
of my lonely cabin, and as much more
had been sent to my wife. This was a
small amount but it encouraged me, although the
claim was fast being worked out. Some OF the boys
| in the mean time had made some fabulously rich
strikes in the old river channel by drifting and
| bought into such claim, paying my last dollar
therefor; and once more hope began to find rest
ing place in my breast and the blessed little wife
got the first hopeful letter that had been written for
many day. For months and months we worked
on, taking out next to nothing, while others that
seemed to be similarly situated were getting gold by
| the thousand. j felt discouraged, but worked on
harder than ever, were liable to strike it rich
any minute. Letters to the wife grew far between
| as ain. No more remittances could be made. She
wrote me thst her sister had died, and that her
father had pretended he could not live without her.
his only child and wanted me to come back and live
with them.
| This set me back more than ever; it was impos-
sible for me to accept the offer and I-unsuc-
cessful, worthless Ito stand between Inez and her
father? Was l to drag her down further with my
worthlessness? II caused many pang to write the
letter advising her to accept her fathers ofer tut
it was written.
Months passed. The year 1859 wing to a
close, and often and often came the words to my
lips: What's the use My life has been failure,
and it is destined to continue So" More and more
did realize the fact that ' losing my 6 ip.'
That is the way Californians express it, and there
are no three words, coined by people seeking force
at the expense of elegance, that expresses more.
Thousands of men every day iliustratir the
lost grip Our mine was worked out 1t seemed
that We bad stahed everything upon t-even our
future hold-our "grip" upon life, and the game
was against us. We quit with nothing.
But there came an unexpected turn in my affairs
man by the name of Bates, who had been on the
Jury Ill CtSt, WIS ACCUSED VI Uuruer. ABOUT the
time utter and complete despair had taken pcs
session OF me, he came to engage me to take his
case. 1t was case of mistaken identity, but the
| witnesses were positive. Bates had recently made
big strike and had plenty Of money. He told me
if would drop everything else and help him for a
few months he would give large fee 'sGo into
it with vim" he said, and if success crowns our
| efforts will make you well off,"
The case was to come off at Marysville, and was
to go there, or to Sacramento San Francisco, or
wherever else could, to find authorities and draw on
him for all expenses 1t was to be my duty also to
help him hunt up testimony. We travelled together
for weeks hunting up every circumstance that could
have a bearing ON the case. l wrote down all the
testimony that could be brought in on either side,
and studied the weakness and strength of every
point.
1t was getting late in the fall again when our
| trial finally came on for hearing. All this while
my client had had attorney, but acting under my
advice, had attended to all minor matters himself
We had concluded that it would be BETTER for effects
sake that should not change my miners garb, and
stalked into the Court room wearing red shirt,
duck pants and a pair of miners brogans.
''f your Honor please" l said, "I desire to be
entered on the record attorney in the case OF the
People Stephen Bates, set for to-day, and sup
pose license from the Supreme Court of Kentucky
will entite me to do So"
A litter went round the Courtroom, and a smile
| spread over the faces OF the attorneys Three or
four of the best lawyers Lad been retained for the
prosecution, and the Marysville bar at that time
was counted the best in the State.
The Judge examined the paper passed up to him,
and said to the clerk: Enter John Henderson as
attorney in this case. Have You assistant counsel
| Mr.. Henderson?
"Nonew
The name " John Henderson," pronounced by the
Judge, sounded strangely to me almost frightened
me. had rot heard il dozen times in almost
years. and it hard to realize that was the
person named. bad no books with me in Court
for had for months delved ints everything could
find that could bear on the case, and had it in my
head. could repeat whole pages of law on ques-
tions of evidence arising in the case for had SO
studied all that could bear upon it, as to be pre-
| pared for any and all contingency.
In my opening address to the Jury called atten-
1 ton to the fact that was miner who had paid
| attention to law for years, and showed them as
| hard and horny pair Of hands as handled pick
| We did not expect to bring law book into the