miners were only too ready, so much do they object to a justice of
the peace, to take the case _entirely_ out of his hands if their wishes
were not complied with, which, to confess the truth, they _did_, even
after all his concessions, though they _pretended_ to keep up a sort of
mock respect for his office.
Everybody went to Rich Bar. No one remained to protect the calico
shanties, the rag huts, and the log cabins, from the much talked of
Indian attack--but your humble servant and Paganini Ned.
When the people, the mighty people, had assembled at the Empire, they
commenced proceedings by voting in a president and jury of their own,
though they kindly consented (how _very_ condescending!) that the
Squire might _play at judge_ by sitting at the side of _their_ elected
magistrate! This honor the Squire seemed to take as a sort of salve to
his wounded dignity, and with unprecedented meekness _accepted_ it. A
young Irishman from St. Louis was appointed counsel for John, and a Dr.
C. acted for the prosecution. Neither of them, however, was a lawyer.
The evidence against the prisoner was, that he had no money previously,
that he had slept at the Empire a night or two before, and that he knew
where Mr. B. was in the habit of keeping his gold-dust, with a few
other circumstances equally unimportant. His only defense was, of
course, to account for the money, which he tried to do by the following
ingenious story.
He said that his father, who resides at Stockholm,--he is a Swede,--had
sent him, two months previously, five hundred dollars through the
express, which had been brought to him from San Francisco by a young
man whose name is Miller; that he told no one of the circumstance, but
buried the money (a common habit with the miner) on the summit of a
hill about half a mile from Indian Bar; that, being intoxicated on
Sunday morning, he had dug it up for the purpose of gambling with it;
and that Mr. M., who had gone to Marysville a week before, and would
return in a fortnight, could confirm his story. When asked if he had
received a letter with the money, he replied that he did, but, having
placed it between the lining and the top of his cap, he had
unfortunately lost it. He earnestly affirmed his innocence, and,
through his counsel, entreated the court, should he be condemned, to
defer the execution of his sentence until the arrival of Miller, by
whom he could prove all that he had stated. Notwithstanding the florid
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