In August, 1859, two thieves who gave the names of George Ruspas and David Reise, stole a yoke of cattle at Chinatown (now Dayton), and driving them to Washoe Valley, offered them for sale at a price so low that they were at once suspected of having stolen the animals. They were arrested, and it having been proved that the cattle had been stolen from the ranche of a Mr. Campbell, near Dayton, the sentence of the jury was that they have their left ears cut off, and that they be banished the country.
The trial was held under a big pine-tree, near the western shore of Washoe Lake, at the base of the Sierra Nevada Mountains. Jim Sturtevant, an old resident of Washoe Valley, was appointed executioner. He drew out a big knife, ran his thumb along the blade, and not finding its edge just to his mind, gave it a few rakes across a rock. He then walked up to Reise and taking a firm hold on the upper part of the organ designated by the jury, shaved it off, close up, at a single slash.
As he approached Ruspas, the face of that gentleman was observed to wear a cunning smile. He seemed very much amused about something. The executioner, however, meant business, and tossing Reise’s ear over to the jury, who sat at the root of the pine, he went after that of Ruspas, whose eyes were following every motion made and whose face wore the expression of that of a man about to say or do a good thing.
Sturtevant pulled aside the fellow’s hair, which he wore hanging down about his shoulders, and lo! there was no left ear, it having been parted with on some previous and similar occasion.
Here was a fix for the executioner! His instructions were to cut off the fellow’s left ear, but there was no left ear on which to operate.
The prisoner now looked him in the face and laughed aloud. The joke was so good that he could no longer restrain[restrain] himself.
Sturtevant appealed to the jury for instructions. The jury were enjoying the scene not a little, and being, in a good humor, said that they would reconsider their sentence; that rather than anyone should be disappointed the executioner might take off the prisoner’s right ear, if he had one.
The smile faded out of the countenance of Ruspas as he felt Sturtevant’s fingers securing a firm hold on the top of his right ear. An instant after, Sturtevant gave a vigorous slash, and then tossed Ruspas’ ear[Ruspas’ ear] over to the jury, saying as he did so, that they now had a pair of ears that were “rights and lefts” and therefore properly mated.
This little ceremony over, the pair of thieves were directed to take the road leading over the Sierras to the beautiful “Golden State.” They went, not as Adam and Eve left paradise, “dropping some natural tears,” but as a pair of twin lambs are seen to depart when in the spring-time the farmer has whacked off their too luxuriant tails—went dropping blood.
There have been numerous stories told in regard to the amount of money received by Comstock for his interest in the Ophir mine and other mining property on the Comstock lode at Virginia City, some of which are far from the truth. The sale made by Comstock to Judge Walsh is recorded in the books of Virginia mining district and is dated at the “mining village or settlement known as Ophir,” August 12, 1859. I make the following extract in regard to the amount to be paid—and what was eventually paid: