ELDORADO 143 



writing-, was, in fact, the only means of redress and 

 protection from robbery and murder, and tended to 

 prevent the crimes that would otherwise have been 

 more frequent. 



It is only justified when the civil law cannot be in- 

 voked or its officials utterly fail to enforce its demands 

 and penalties. Such for a time was the condition ex- 

 isting in California. To a lawless element gathered 

 from almost every nation, people and tongue in the 

 wild world, the civil law had no terrors. In fact, the 

 State had but recently emerged from a chaotic and 

 half-civilized condition without any well established 

 civil juris])rudence. 



A sailor, a deserter from the ship "Ohio." attempted 

 one night to rob a store at a mining camp on the xA.mer- 

 ican river. ■ He had already secured two bags of gold 

 dust, containing about $3,000, but not satisfied with 

 that he grasped for a third, when the owner awoke 

 and gave the alarm. After a hot pursuit, the thief was 

 captured and bound to a tree until morning, when a 

 jury of twelve miners were chosen to try the case. Of 

 course he was found guilty and sentenced to be hcmged ; 

 but some. opposition being raised to taking his life, a 

 milder punishment was suggested, and it was finally 

 determined that he should receive a hundred lashes 

 on his bare back, have his ears cropped, and his head 

 shaved, so that he might everywhere be recognized in 

 the mining districts. This sentence gave general sat- 

 isfaction. The thief was at once fastened by his hands 

 to the branch of a tree, and the duly appointed officers 

 proceeded to shave his head, while some cf the sailors 

 of the party manufactured a "cat-o' nine-tails." His 

 feet were then tied to the foot of a tree, and a doctor 



