Year: 1878

es great food of sunshine at noon day,
We had a village. Sixty strong and stur-
dy men were digging into the base of the
black topped mountain in search ofsilver.


We were not in luck, and though each
man was gloomy and discouraged, there
was no excuse for murder. We had
banded together to share and share alike,
and if fortune smiled on one all would
receive its benetfs.


One night when the days toll Of fifty
seven men yielded an estimate Of only six
dollars, the miners cursed and swore snd
felt like striking each other. We were
short Of provisions, new tools were need
"a, and the men turned in for the night
with the determination 20 strike for some
other locality if the next days work
should eIhbibit like barren results.


At midnight there was a great outcry.
il was not an Indian attack as each nner
anticipated when he rushed out, but n
horrible murder had been committed. and
The murderer captured by one OF the
sentinels. A miner by the name of
Joseph Swain, but hardly known in camp
By any other name than - Je," occupied
tent in company with an old man named
Arnold. The two were on good terms
hut whlo Arnold had about three hun
drcd dollars in gold com, acquired in 9TH
er speculatons, Swain hadn't "A dollar
outside Of the commo on fund The gold
WAS buried in the earth under the bed in
which the two slept, and Swain could not
get at il by night without arousing his
companion. Had he secured it during
the day ard made off he would have been
overhauled very quickly, and his punish
ment nothing less than hanging. Itcould
lie no more if he added murder to the
robbery, and that night when all felt so
bitter against luck, and when partners
felt so much like striking each other, Joe
Swain murdered the man who had dono
the most for him. He was getting away
with the gold when halted, and though he
made a sharp fight for liberty lie was tied
hand and foot within five minutes after
the first alarm.


Arnold was Dead stabbed in three
rlnces, md the gold was found in Joe s
belt. There was no show for The murder
or. He could not even plead impulse or
heat of passion. Indeed, he was not one
10 seek to avoid the consequences. He
made 4 statement that he hud deliberate-
ly murdered and robbed the old man and
added


Now, boys, there's no use making a
great fuss over thi. matter. Put guard
over me and the rest of you go back TO
your sleep. You'll hang me, of course,
and when the morning comes ] shall have
a request to make. fhan't try TO get
sway, md / am not going to play the
baby when the last hour comes.


Joe Swain was known among us as n
ssmo man. lie had fought Mexicans,
trsled Indians and killed three or four
white rulians who had made themselves
n terror 10 certain localities. Armed with
his bowie knife he would have been
match for any four Of us, and it was ow-
ing to his presence more than that of any
one else that our village was not troubled
with the roughs and gamblers who at
tsched themselves to other camps like
leeches.


Murder was a crime that could not be
n.ll;ataJ In n p,;pipo car,n uo1 :, loon
anything else n majority Of men would
have been in favor Of letting Joe jump the
diggins and go unpunishcd. But when
they looked in on tho white inced and
blood stained corpse Of the good old man
who hsd been like a father to all ofthem-
sach henrt hardened against the murder
sr, and each man said to the other:


"Joe Swain must hang for this !"


There WAS no need for trial. When
lie was brought out after breakfast he
ssnid:


"Boys, ! don't want any fuss over this
thing. l killed the old man. and it is
your duty to swing me up to II limb.
knew what | was up to, and ! knew d
have TO stretch roperif couldn't get
away. l don't deserve kind word, and
shan't look for any sympathy. The
request | want to make is that you won I
hang me till sunset. know us bad to
have one of these affairs hanging around
camp all day, but yet it won't make no
great difference to you as long as you are
working for almos nothing. Now, then
all in favor OF waiting till sunset to hang
me say aye"


Aye !" shouted every man around
him.


"Thoss opposed will say no |"


Not a voice was heard


THE ayes have it, and | am to be hung
at sundown," continued Joe. II wan
TO write half dozen letter, sleep for two
or three hours, and / hope you won't
crowd in on me. Select your tree, gel
your rope ready, and when the time conei
I'll be on hand"


If Joe had been a captive in the hands
OF the Indians, and was to he burned a
the stake at sundown, every miner woulc
have wagered his outfit that vain woulC
have died game. In this case, where h,
was TO meet disgraceful death at tn,
hands of men who had worked and Tough
beside him for months, most Of the miner
thought he'd take the moose without
qnivcr OF muscle, bu. there were two o
three who said


He is a brave man, but when he take
his last look around he will weaken"


Before the day was four hours old ther
was a strange wager between two ofou
men. 1t was rife against rife that Jo