The evidence against the Virginian seemed to be quite conclusive. He was the only person known to have pursued that trail to the river that morning, and the footprints in the sand agreed very perfectly with his boots. “Judge Lynch” was soon summoned to hold a court. The court was organized and the Virginian was arraigned. The evidence was very damaging, but was circumstantial and not entirely positive, every one present and hearing the evidence seemed to believe him to be the guilty party. The verdict of the court was to the effect: That he was probably guilty of committing the robbery, but as there was room for a little doubt, he was entitled to that doubt. He was not sentenced to be executed at once, provided he would leave the bar immediately, otherwise, he must suffer the penalty. He immediately left and I never again saw or heard of him.
We remained at that place until near the end of March, 1851. I believe I enjoyed our stay here better than any other time of the same length during my time in California. My health was fairly good; we made average pay, and had good company.
About this time we concluded to go to San Francisco, where neither of us had yet been.
Mr. Carlton had been talking continually about going to farming in some of the coast valleys, which at that time seemed to be paying good returns. We started for Marysville.
At that time the Yuba River was quite high, swollen by recent rains, and we were obliged to make the crossing at a ferry. At the place of the ferry the current was rapid and strong, and immediately below were falls or rapids, full of immense boulders.
The ferry boat was a large one, made for the purpose of carrying teams, mules and horses, as well as foot passengers. It was held at its place and guided across the river by a large rope made fast over the river. At this high stage of water only foot passengers were ferried over. The rope was a large one, but I noticed that it was quite old and considerably worn.
There were several fellow passengers with us in crossing. As soon as we were fairly in the stream I noticed there was a heavy strain on the rope, and it seemed to me it was liable to part at any second. I looked at the whirling, boiling stream below, that I might, if possible, make some consistent attempt to save myself in case the rope should part and we should go over the rapids.
I could see no possibility of escape for any one aboard in that event. I uttered not a word until we had landed safely on the opposite shore, when I made the inquiry of the ferryman if he considered the rope used to be safe for the purpose at that stage of water. He said he believed it to be perfectly safe. I told him I could not be hired at any price to recross the stream again under like conditions, as I did not consider the rope safe.
I afterwards learned that on the following day, while thirteen men were crossing in the same boat, the rope parted and every one of the men, including the ferryman, were drowned.
We went to Marysville, and I continued on to the ranch where I had left the horse the fall previous. Upon inquiring for my horse of the proprietor, he went out to the range and returned with a sleek, fat black horse that did not seem to resemble in any way the one I had left there, except in color. At first I could not believe it to be the same animal, but I accepted his word, and after settling for its keeping, I rode it away. It was a very handsome horse. As Mr. Carlton also owned a horse we rode down the valley on horse back to Sacramento City, where we left our horses and took a steamer for San Francisco.