Year: 1876

|


human life that played away will


five cards like those in your hand


"Like to hear about it? Well, il


isn't much of story but maybe |


would amuse you.


"You see was on a jury up in Tu.


olumne county some time in the Sum


mer of 80 or '5l. We had no grea


show of law in those days, but wher


there was something of the kind to set.


tie, we summoned up an amateur cour


as it were, and Judge Lynch presided


You have heard of the Judge? He die


IA good deal of service at that time anC


many's the man / have seen OF


his sentence say prayer or two anG


Jump into eternity from the end of 6


hemp rope. 1t was short shrift with


most of the fellows that Judge Lynch


had business with.


"Well, 1 was telling you that 1 sat


on jury. 1t was to try Dutchman


named Blum for stealing something
over hundred ounces of dust from a
couple of miners Blum was cooking
| for the miners and he was kind of


half-witted fellow that nobody had
ever thought any harm of before. The
| boys planted the dust in the cabin for
safe keeping and one day it was dis
| covered that Blum had stole it-at
| least, nobody saw him take it, but the
case was figured down tolerably close
and most of us reckoned that Blum
would not get out of it without crick
in his neck.


"There was a fellow in camp that we
| called pike He was from Missouri.
l. Il 10 Inl h1t
wasn't; it was Lucas or some such
thing and he had run away from
wife and three or four red-headed chill
dren in the States.


"Well, Pike was foremost in accus-
ing the Dutchman and he swore that
Blum had come into his saloon and
asked him to drink and had paid for
the liquor and an old score be-
sides with some dust which might be
half an ounce, or little more. He
saw Blum take the dust out of a sack
that was too big for Dutch cook to
have. Besides this, Pike had seen a
light in the cabin one night late and
had noticed that Blum came out and
sneaked up a gulch behind the drift.
What he did up there Pike didn't
know.


"But in spite of all this proof chat
was dead against him, the Dutchman
held up his hand before God and swOre
that he did not know thing about
the business; that be never stole any
dust, and never settled any score at
Pixies saloon which more than half
believed, especially about the score.
1 couldn't help thinking that Pike
was almost too handy in giving evil
dence. | had an idea, too, that man
who would run away from wife and
a house full of babies in the States
wasn't any too good to lie about
little thing like this.


"When, we, the jury, went out to
calculate on the law and evideace,
told them what l thought about
it and I was not alone in my opinion.
Two or three others had made up their
minds Just as l had that the Dutch
man was innocent, and couple more
who hadn't really decided the question
with themselves came around when
we put it to them in our way. But
some of the jurymen wouldn't listen
to me at all when we argued 1t over.
They were just morally convinced that
the Dutchman stole the dust and they
were just morally bound to find him
guilty. So when we took vote on
the question it was a tie-six for the
Dutchman and six against him.


1--WE talked and argued on the point
till we were all about worn out,
but neither six would give in. 1t
was not the most comfortable place
YOU ever saw either,-that jury room.
It was sort of attic with a low CELL
ing, or no ceiling at all, for the roof
was close over our heads, and the sun
broiled through mighty close and hot |
tell YOU, and the worst of it was that
the Court wouldn't allow us anything
to keep our courage up and fight it
out.


1--WE tried to persuade our Sheriff
(you see we did things up in regular
form, if it was Judge Lynch's Cour:)
that we needed little som. talng to
help us on, but it was no so. Then
we lowered a bottle out of the window
with a string, but the unfeeling GUS
ses on the outside wouldn't Go any
thing for us either. Our Judge got an
idea of our doings and sent word by
the Sheriff that if we didn't get to
business and make out a verdict he'd
keep us locked up till every mothers
son was starved to death.


"When we had been out about six
hours, and no prospect of agreeing,
with every throat in the crowd
parched dry, and altogether the most
unhappy Jury in California, ore of
the Jurors of the opposite faction pro-
posed compromise. 1t was that
four of us-two from each party
should play game of Euchre to settle
the verdict. Itwas to be best three I'D
five, and the winners should make 1t
guilty or not guilty as they pleased,
and all the rest must agree to 1t. 1t
was somewhat irregular way of set
Ting point of law and evidence, per-
haps, but we were mighty desperate,
and so we agreed to it. A big stout
fellow by the name of 'Frenchy' and
myself were chosen to play for our
side. as we were considered about the
best of the lot in the game. We
played against couple of as good
hands at cards as were to be found in
in the camp, but were dead sure our
selves that we would win forall that.


.Iwon't be tedious in telling how
the game was played, but at the end
of the fourth one / know We stood
two and-an even thing. l took the
deal myself. / happened to hold four
trumps, and I took it up and played it
alone. would have bet my bottom
dollar on the Dutchman's acquittal
that minute. / never could account
for it exactly, but, somehow, those fell
lows went in and euchered me on my
Tone hand. l didn't breathe for two
minutes and half. / never saw such
a contrary piece luck in my life.


sThen we went into Court and gave |