Well, my dear M., our grand Squire, whom I sketched for you in my last letter, has at length had an opportunity to exercise (or rather to try to do so) his judicial power upon a criminal case. His first appearance as justice of the peace took place a week ago, and was caused, I think, by a prosecution for debt. On that momentous occasion, the proceeding having been carried on in the barroom of the Empire, it is said that our young Daniel stopped the court twice in order to treat the jury!
But let me tell you about the trial which has just taken place. On Sunday evening last, Ned Paganini, rushing wildly up to our cabin, and with eyes so enormously dilated that they absolutely looked all white, exclaimed that "Little John" had been arrested for stealing four hundred dollars from the proprietor of the Empire, and that he was at that very moment undergoing an examination before the Squire in the barroom of the Humboldt, where he was apprehended while betting at monte. "And," added Ned, with a most awe-inspiring shake of his corkscrews, "there is no doubt but that he will be hung!"
Of course I was inexpressibly shocked at Ned's news, for Little John, as he is always called (who, by the way, is about the last person, as every one remarked, that would have been suspected), seemed quite like an acquaintance, as he was waiter at the Empire when I boarded there. I hurried F. off as quickly as possible to inquire into the truth of the report. He soon returned with the following particulars.
It seems that Mr. B., who on Sunday morning wished to pay a bill, on taking his purse from between the two mattresses of the bed whereon he was accustomed to sleep, which stood in the common sitting-room of the family, found that four hundred dollars in gold-dust was missing. He did not for one moment suspect Little John, in whom himself and wife had always placed the utmost confidence, until a man, who happened to be in the barroom towards evening, mentioned casually that Little John was then at the Humboldt betting, or, to speak technically, "bucking" away large sums at monte. Mr. B., who knew that he had no money of his own, immediately came over to Indian Bar and had him arrested on suspicion. Although he had lost several ounces, he had still about a hundred dollars remaining. But as it is impossible to identify gold-dust, Mr. B. could not swear that the money was his.
Of course the prisoner loudly protested his innocence, and as he was very drunk, the Squire adjourned all further proceedings until the next day, placing him under keepers for the night.
On the following morning I was awakened very early by a tremendous "Aye," so deep and mighty that it almost seemed to shake the cabin with its thrilling emphasis. I sprang up and ran to the window, but could see nothing, of course, as our house stands behind the Humboldt, but I could easily understand, from the confused murmur of many voices and the rapidly succeeding "ayes" and "noes," that a large crowd had collected in front of the latter. My first apprehension was expressed by my bursting into tears and exclaiming,—
"Oh! F., for God's sake, rise; the mob are going to hang Little John!"
And my fear was not so absurd as you might at first imagine, for men have often been executed in the mines for stealing a much smaller sum than four hundred dollars.
F. went to the Humboldt, and returned in a few minutes to tell me that I might stop weeping, for John was going to have a regular trial. The crowd was merely a miners' meeting, called by Mr. B. for the purpose of having the trial held at the Empire for the convenience of his wife, who could not walk over to Indian Bar to give her evidence in the case. However, as her deposition could easily have been taken, malicious people will say that it was for the convenience of her husband's pockets, as it was well known that at whichever house the trial took place the owner thereof would make a handsome profit from the sale of dinners, drinks, etc., to the large number of people who would congregate to witness the proceedings. Miners are proverbial for their reverence for the sex. Of course everything ought to yield where a lady is concerned, and they all very properly agreed, nem. con., to Mr. B.'s request.