Griggs courier., May 07, 1886, Image 3

About Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902

Image provided by: State Historical Society of North Dakota

                
THE BANK OF CALIFORNIA
BY PRENTICE MULFORD,
[CWTIUQUTE* BT TIIE ACTHOJl.
gSVB). I
ALL BIQHTS BE
CHAPTER XX.
SILENT WITNESSES.
Broener came up the next clay and save the
required bail for my appearance. I preferred
remaining in the county town to returning
to Bull Bar. There was but a week to wait,
ils the county court then convened.
"One thing troubles me very much,'- I said
to Broener "I can't give my story concerning
this matter without revealing in open court
the secret of the "Bank's" whereabouts, and
hen there'll lie a general rash for the mine
from the whole county."
"I've thought over that," he replied. "01
course, you must tell the whole story, and
show in court rich specimens of the quartz to
prove it. That, in I act. will Vie your strong
est defense. A miner's jury will think such
a claim worth defending, with or without
law. Let them swoop down on our ground.
As I've told you before, the cream of that
particular vein we've taken out. It's only a
'pocket.' "We cm hold on to a hundred feet
or so anyway. I've put up notices claiming
such amount. The crowd will, of course,
take up all the quartz outcroppings they can
tind far and near. There'll be a tremendous
excitement, for a time. But the mas-os know
nothing of this sort of mining. It will batHe
I hem. They'll lose patience after a little.
There will be a reaction. Five-.-ixtlis will
abandon and give up their claims. The re
mainder will persevere and event trill de
velop this species of mining, which will be
come extensively followed. But that will
take time—years. Ho tell all about it. Dou't
let that trouble you in the least."
My trial came on, and the case being called
I appeared without any lawyer to conduct
my defense. The judge assigned one, a young
inen"'v-T of the bar. for that nunxise.
j. IL'ii ii*.* otui 1/u «.*•
have another tell it for me, and. I didn't
want a lawyer to tell any new stories for mr
or put any shades of color on mine which did
not belong there. Could I prove my asser
tions- Mo. There were no witnesses to any
hostile meeting between l'ratt and myself.
The evidence against me was all circum
stantial. In other words, certain events,
as interpreted by certain individuals,
were regarded as roofs thai John
Holder iiiujht have .'vied to kill Jedediah
l'rati. Because John Holder and Jedediah
Pratt, had a quarrel last week, John Holder
viir/ht have tried to kill Pratt the next. Be
cause no one could tell how Pratt got his
hurts, why, John Holder might have inflicted
them. Because John Holder was seen the
evening Pratt was missed, with blood on his
clothing, it is inferred it was Pratt's blood,
drawn in enmity. Because John Holder was
the lirsr. to tind Pratt on the mountain, it is
inferred that John Holder knew of the affair
more than he told, and because he knew more
than he told, it is inferred that ho must have
tried to kill Pratt.
All
these "might-have-beens" were ably in
terpreted to the jury as "must have-beens"
by the district attorney,who, naturally thirst
ed for my blood, because he desired to make
a brilliant reputation as an able prosecutor
of the innocent or guilty. He dwelt strongly
also on the fact that there were neither
notices nor tools on the ground, and that I
"claimed the whole mountain" or a great deal
more ground than I could legally hold. These
were Pratt's ravings which had been reported
to him. True, these were not legal evidence,
but he used them as arguments against me,
taking the chances that the jury might be
stupid enough to receive them as such, or
that they might forget, even if reminded,
that Pratt's words, not backed up by proof,
were no more evidence than mine would be.
He pictured me as dogging Pratt day by day.
Of my interfering and meddling in this "hon
est. hard-working man's business"' and dwelt
on my ••skulking ambush" in the bushes, the
"assassin's shot," and the fall of the "innocent,
honest victim." Then I, to cover up the affair
,v«.nd divert suspicion, assume the guise of the
Good Samaritan, pretended to tind Pratt and
bring him home.
Lastly, he adverted to my habits as "sus
picious"'—working little and loaling much,
absent frequently, on what business no one
knew, but all the while inferring, by hint
and inuendo, that I might be or must be
(both terms being by him made to mean about
the same thing) engaged in somt disreputable
business.
It is the boast of l^iw that all facts alleged
against a person must be proven •. yet the law
makes little provision against slindcr by in
ference in open court, by its own ministers,
which cannot be proven.
Softer and Long Mac were summoned a.=
witnesses—imwil.ing ones, now, with the
memory of their .'eeent unsuccessful attempts
on me. They testified to seeing blood on my
clothing. Setter told the story of my par
ticipation in guiding himself and Hillyear to
the spot where Pratt lay wounded on the
mountain.
The attorney had the audacity to put Hill
year on the stand, mainly with the view that
he should give Pratt's version of the story as
inferred from his delirious utterances. 1 did
not attempt to stop this hearsay evidence at
all. I wanted the lawyer to have his own
way entirely, because I thought in such
case he would all the quicker g'?t through,
and leave the jury with a fragment, at least,
of clear mind. If we got into a wrangle as to
the admissibility of evidence it would pro
long the case, and in law it is often the main
object, on one side, at least, to so confuse and
wear out the jury that it won't know the
difference between right and wrong, sense
and nonsense.
Finally he had finished, and I remained
with a very black character indeed—in short,
the assassin of Pratt, an 1. by inference, the
author of half the untraceil murders in the
county for the last four months. I said to
the jury that I "should make no plea, but
simply tell my story. First, I was the keeper
and, to an extent, worker of a rich claim—a
very rich claim. It was a mine o-! a sort not
generally known in the state. No laws had
been made to hold claims of this character.
I will introduce now." 1 said. my witnesses
as to the reality and existence of this claim:
and takiug from a bag several of the richest
specimens of quarts gold, I handed them to
the jury.
The specimens were indeed good to look at
from every point of view. The yellow metal
protruded in places from their side's in thin
flakes—in others it was as if solid, heavy
nuggets were embedded in the stone. The
effect on the jury was electric. TJiey had
never seen such rocir. men* eyes glis
tened. They passed them from one to
another, yet each seemed loth to part with
the one in hand. The clerk of the court, his
deputy, the sheriff and his assistants reached
eagerly forward to handle tho coveted
piece: The judge put on his spectacles and
put one piece after another under a rigid in
spection,
Mr.^uiion had invaded the court—yes, cap-
As ..
IW
V.
mi */&}• ,'"v
Mannuon had invaded the court.
tured it. Th- whole' previous atmosphere
was changed. liatever of interest bad lieen
centered in ihe trial was now all concen
trated in this new development coming out
of it. The audience. iir-t bending forward,
at last rose in their seats to get abetter
view of the wealth, there displayed. At a
rough guess 1 id put on exhibition about
two thousand dollars in quartz specimens—
being geld in a form never before seen in
that part of the country.
The district, attorney felt his case slipping
awav from him. 'J he introduction of such
tviuence v.as an indirect, contradiction to
his inferences regarding my "loafing about"
and "Suspicious habits." It was plain that
if 1 had been mysterious, there wa-- some
thing which would justify mystery. He o!
jected to such things being put in as evi
dence.
these
1
But the "things'' had done their work.
It was finally necessary to call the court to I
order ere the trial could be resumed. The
judge laid aside his spectacles, but retained
the richest lump on the bar in front of him. I
and his eyes would glance occasionally in iU
direction. 1 continued my story: "1 did
not liud this iaiiu. My partner, who is here
in court, did. long before 1 met him. 1 acted
for him as a inrd on the claim while he was
necessarily absent carrying tho rock to "The
Bay'' to be worked. Mr. Pratt found me ou
the ground I was guarding. It was true we
had no tools visible or notices up, because
might have excited observation, and we
were not, as to regulations for holding such
ground, protected by any law. Mr. Pratt
insisted on meddling with the ledge from
which this gold was taken. Ho insisted on
meddling with it at the very place where wo
had dug out the pieces you see before you.
Now, what was 1 to do? Let him do so or
not I"
"No!" roared out a voice in the audience.
"Order in court!'' cried the sheriff. But
that "No!'' was a powerful expression of the
prevailing sentiment.
I
I continued:
"Now, gentlemen, I did not do as you think
did. Here comes what 1 know is the im
probable part of my story. It would be far
easier for me to say that I did shoot Pratt in
defense of what considered mine than that
he shot himself. That is exactly what he did
do—by accident. He had the "drop' on me,
his linger on the trigger, warning me not to
interfere with him. when his foot slipped
from the rock on which he was standing: he
fell over backward, his pistol was discharged,
and by th til 1 and the shot he got the two
wounds in his head. Weil, I was frightened
nearly to dea at ihe time myself. 1 saw in
a moment all the appearances would be
against me. had to keep secret the locality
of the claim. My partner was away. 1
went up to 1'ruit, and fouud him,
as I su posed, dead. didn't know
'.vhat to !o, so 1 covered him with
brush and went home. I eou.dn't rest th it
night for thinking about tiio bolyupth re
how it would l»e discovered and our claim
with it, and between the two—of the tlx I
should be in to keep our claim a secret, and
account satisfactorily for Pratt's death under
the circum-tauees—1 got up in th:: night and
went up to tile body. I intended to roil it
down the hill and pitch into the river to
get it out of ihe way. Thank tiod! 1 found
Pratt alive Now, gentlemen, tint's all my
story, and whether you be.ieve me or not, rd
ask you if you would not possibly do as have
done under the circumstances.'"'
"I think I can vouch lor what the gentle
man says,'" sail? a oice near me. It was that
of Blanch:-* i-'ef'on.
This appear.-U'e of a beautiful woman in
the court in connection with the trial wa
even more phenomenal than the quart/.
There wai an eager craning forward of necks
and then profound hush to hear her next
words.
A iter hdng hot in as a witness, she con
tinued:
"I came here to say that my uncle. Mr
Pratt, litis recovered bis faculties aud do
clares that Mr. Holder committed ioassauh
upon him."'
She then paused.
"How do we know he says that f' roared
the district attorney.
•'I have his aliidavit before a justice of the
peace to that effect." replied Blanche. "Per
haps the citric will be kind enough to read
it."
Tho affidavit set forth in substance that
Jedediah Pratt exculpated John Holder en
tirely from ommitting any a-sauit upon
him. It contained those words: "The last 1
remember 1 had my pistol drawn o:i
his right m:a: ::r tit t-i
the matter.'" was the
sneering remark.
"I believe."
d~al of wh::
pore to luiV
min 1 has been
Holder. However, to so
garding the value of the
It iras that of Blanche Sc/ton.
lie-s irotn his physician:"'
A hum of applause and amusement at the
attorney's checkmate pervaded tho court
room.
The jury were out but a very short time.
Many in the audience did not wait for the
verdict. They went out intent on visiting
Bull Bar and gaining a sh ire in its riches.
The judge, poor man. squirmed uneasily in
his seat, ga/.iug at the tantalizing lumps of
quartz and gold before him. aud wishing
that he was free to head the rush which was
developing for Bull Bar. Already could we
hear tlie sound of galloping hoofs as horse
and rider spurred in tint direction.
1 was acquitted. Th.' jury eagerly awaited
their discharge by the judge*. There was a
rapid Slight from the court room. In ten
minutes it was empty.
Blanche did not refuse my offer to escort
her to the hotel, where she would stay that
night. It was late when the trial had con
cluded. Wo were the sensa! ion of the town
as we walked along the main street—a paiu
ful experience. 1 knew, to I'dandle.
had no' been long at the hotel before 1
found I was a hero. Men came in. intro
duced themselves to me, and congra.ulated
en! my a hi defense." I soon discovered,
al-o, that my story a to i'rat:"s self-inflicted
wounds would not pa-.s with the crowd.
They held me as iuily jn-ti'led in .shooting a!
anvone to protect th** 'aim by virtue of til
amount, of wealth protected. Such was tho
effect, of luck, gold, and the prosenc o,'
beauty. Men argued rather from their ex
cited imaginations than from cooler reason
and judgm -nr.
livery available horse in town was us*.i
that night to go down to Bull Bar by eager
pros* -iv-tors after the lieu" source of wealth.
Bull Bar was astonish *d next morning at the
crowd of strangers in their midst, all inquir
ing for Scrub mountain. All the quart"/, leads
in sight were taken up before Bull Bar got
on the scent. All but Softer and Long Mac.
These two gentlemen left tile court so soon
as their evidence was concluded. Down to
Bull Bar they had hurried hat very day. They
did manage to tind the Batik." properly no
ticed and claimed by Broener, Holder & Co.,
und two trusty watchmen in charge.
CHAPTER XXI.
ONE TAKEN"". THE OTIIKll LEFT.
Shortly after the termination of the trial
Broener desired to see me in his room at the
hotel. I went thither, lie ordere 1 cigars
and a liottle of choice wine. "This, also, is
an important business matter we are to talk
over,"' said he, "and good wine and good
tobacco in moderation are most useful acces
sories for smoothing over the rough places
one may meet on the--* roads."
"What now.' 1 thoucii!. to my-elf. Some
other startling cliang* in the kaleidoscope,
and I presume that. Blanche will figure in it.
"Hold r." said Bro-'tier, aft rth witie was
pound anil cigar- le.rlited, "fat'* has recently
plac-'d a woman between us two—-a powerful
wedg" et'.vecn any two men. no matter how
eloM-le they may have been previously united
by the ties of what most, people call friend
ship. In this case the wedgei. a very power
ful one. When 1 tlr-t saw I.kmeh Mefton
made no my mind to mak her my wife—
don't look grave now. but hear me out. I
mi: lit (often the expression a little, but it.
would mean the i- inie tiling, and po-ssit.ly the
ol jec!ion thleness of the words for you may
be moved, when 1 sn.'tiat Itlan-li.'—Mi-.s
Seftou—will licvr be Mrs. Bro.-iier.''
"She has refuse 1 him,'' 1 thought.
"She has not refusiil nie," said Broener.
with hi- usual sataui facility of reply to an
other's thought, it's ar-ictilariy disagree
able thus to be inclosed in a gla-s house,
wiii.e yoill" companion wells in .i n-.
opaque, though in ihe Ion run
me.
Mi".
Holder, ile had not pulled his own from its
sheath. 1 remember failing and heard a
shot. and. that is all I know."
""How ha-thi-i siper been procured from
Pratt.' V.'h.it p-i•. have we that lis
say anything dy
district altorue
•lieI Blanche, "that a great
.Mr. Pratt has be
people
imgiit
be spared a great deal of time and trouble if
they could know immediately what they were
thinking rather than hear what they were
saying to each other.
"I have reas 11," resumed Broener, "to be
lieve that Miss Kef ton has con iderabie re
gard for
To you 1 dare to say this, to
otliers 1 would not, since they could see only
vatiiiy, egotism aud coxcombry in the re
mark. 1 believe Miss Seftoa admire me for
some qualities, ilow does that sound to
you
"1 admire you far much myself—and envy
you, too." 1 replied.
"I'll go farther then, tind .-ay that for some
things 1 admire myself." tie .said. "If a man
owns a tine hor.se he has no hesitancy in
admiring the animal—his property—anil the
more he admires it the more disposed is he to
take good care of it. Now, if a man believes—
knows—that he owns a certain form of genius
or a tah nt, or that ha messes some fine
quality to a marked degree, may lie not ad
mire such in himself, aud as a part of him
self, just as he would his horse, aud won't his
admiration prove a better incentive to keep
his talent or quality from rusting than if he
depreciates himself or is inliiKivnt to his
«ift:"
I as.-ent"il, but wished that Broener wou:d
ceiise philosophizing and return to the origi
nal topic.
••To return to Miss .Seftoa." he said with
twinkle in his f*ve and the extreme of de
liberation in manner as he pourel out hah" a
gill of wi-.'* in
light. "I con:
ef.-n if she ot.'a*-I
V/itU the Utmost i'l
a man's re
ti P'-
-ai when not in his riaht
1 here to-day against Mr.
doubts at rest iv
testimouy I bring,
will the clerk nleasa read this affidavit testi
fying to Mr. Pratt's resent mental sound-
i.
i::" glass :n: h"!d it up to tit
not. marry Mi-s Setton i:o..
*i"cd h• i-.sclf to i:..-.-. 1 sp als
ard and c-tecni for tu
rns* who will al way- comm it:
•••el. and wjen one ceases
it, in lay (.-pillion, v, lli provi
ilitu if man.
lis* oaused. There was nothing for ine to
do cravpt to listen and be perplexed.
""Hearts.' said Broener, "are. as I
things, indispensable ataicles in matrimony.
A wife diou'd always briutr a heart to her
husband. Husband vice versa a heart to the
wife. Some couples think differently. Som9
wives briug only a Saratoga truuk to the
husband the husband brings money to fill
the trunk, and a. reverend pronounces a
blessing over this union of cash aud truuk.
Miss Seftou is a remarkable girl. The one
thing lacking iu her is she lias no heart!"
"What!" I exclaimed.
I'For me, I mean replied Broener.
heaven's sake! Broener," I said, "do
stop this twisting fashion of telling things,
and say what you have to say in plain words,
without going round so many barns."'
"Von want plainer .English.'1' lie said.
"Well, here it is: Miss Seftou ioves another."
"Another!"
"Of course. When I say another, I mean—
another man. Now, have patience with me
for a few minutes, and let me thrsh my
original proposition. I can't get hold of so
appreciative a listener as you every day, and
when I do I want to make the most of him.
People to-day have various ideas concerning
marriage. Some look at it ie one way. some
another: but all come to it at last—or want
to. As an experience with a largo propor
tion. I don't thi a'.:. wi:3u it's tried on. that it
justifies the anticipations set forth before the
honeymoon. That may not be the fault of
th" institution. I believe tlmt to bo a solid
affair. The fault may lie in this: that the I
parties may not be solid who enter into it—
solid, say. as to health, adaptability of tem
pernm nt. coniman 1 over themselves, and a
common purpose in life. If they come to
get her without tlies*, you »:ee, they may be as
un unmatched pair of hinges, or a pair of
hinges with broken joints. Hc-ult: the mat
rimonial door does not swing well, creaks,
groans, slams, bangs, and lets in all mannerol
stormy weather. 1 doubt, sometimes, if there
be a pair of really matched hinges in the
world
''Miss Kefton loves another." These were
Bro 'tier's words that made the strongest im
ptvssion u*on me.
"Had Miss Se ton's heart been free," said
he. "I should have devoted invsclf toiler,
IVit when I find any woman having a prefer
ence for another man, 1 always retire into the
ha kgrouud. About, the last situation in tlrs
world 1 care to figure in is that known in
common parlance as 'trying to cut another
fellow out" and for me, about the meanest,
maxim of modern tint 's is that 'All's fair iu
love' .1 except the last two words,
'and war.' though it seems a tit
ending to the phrase after ail, that.
anvthing which may be justified in
tin* trade of killing is equally applicable to
the winning of a companion for life. But
you want to know whom Miss Kefton loves.
Weil, we'll end this sermon with a short lien
di tion. It is yourself!"
"Yes, you. I discovered that the morning
I found Miss Kefiou at, Pratt's house. You
see the elements in the affair were too near
together to prevent that disclosure. When a
woman's heart is in the house next door, no
matter where her body is, its absence will lie
soon felt. I guessed at tho secret, aud, to
get rid of suspense, asked Miss Sei'ton if it
was so. Sensible girl that she is, she saw mv
motive in so doing and, instead of simpering
over it, or doing the indignant in telling me
it was none of my business, or doing the .half
and half business saying neither yea nor liay
direct, she said 'yes' and that ended the
matter."
Some minutes elapsed before a word was
spoken.
"1 have to ask your pardon for my manner
toward you of late," I said. "That was jeal
ousy."
"1 knew that," he replied, "so soon as von
let out. your secret.. You know when.
Jealousy is simply a disease—runs in the
blood, and must, come out like measles anil
whooping cough, though much harder to get
rid of, and one attack won't liar tho door to
others with most of us. But you suffered
more than I."
"(.'an you be jealous, then?" I asked.
"t)h, yes! Don't take me for a demieosl,
and above all these emotions, because 1 spout
philosophy.''
"liow ilo you get rid of it.?" I inquired.
"Partly by doing the magnanimous, when
there's nothing but ihe mag left to do.
Virtue out of ncoesii, you know."
"I don't think I'm worthy of Blanche
Seftou. anyway." I said.
"Well, as to that," he replied, "it may not
be so much a question of worth as of
destiny."
This
made
me wince. Self accusers after
all don't' fancy much outside backing iu self
condemnation.
""There's a tradition, theory, call it what,
you please." he said, "that's been out a long
time, to the i*licet that there is some one par
ticular woman in the world,
her,*
or el e-
wlieri—where, 1 don't uliogot.her know—for
each purtictil'tr man—mind what say.
'man'—I an a 'man," not an animal—and
that she will meet him here or herealter, or
elsewhere, an 1 love liiiu, partly because she
can't help it, and part ly because sh: sees
something worthy of love in liiin—that is to
say, something now that may turn out much
more hereafter. Tho man, her man, when 1
first met, may lx*—well, unripe, green fruit.
bad to taste, tierlnps but the woman, his
woman, sees the fruit as it will be when
ripened, though his present unripeness may
cause her many a pang. So she may love
him. marry him, stick to him, an 1 get little
comfort and a good deal of misery out of
him."
Well, is that the relation in which I stand
with you regarding Blanche?" 1 asked.
"My dear boy, you must decide that for
yourself. I'm only citing a dream, perhaps
a l'ubie—one which I like to believe in, how
ever, since I have a notion that believing in
one's day dream makes them come to pass.*'
'"Come to pass!" I said. "That is, you in
fer the misery I shall bring Blanche by mar
rying her."
"No. d'dn't mean that," he said. "In
deed. I never thought of it iu that way be
fore: but now. since you've put the clause in
yourself, you might let it remain, just as a
warning, you know. But don't think I am
lecturing you, or setting myself tip as your
.-.uperior. I, Wi-liam Broener, have about
ail 1
can do in looking after William Broener.
That individual manages to give me a gr.at
ileal of trouble and though I am quick,
perhaps, at spying out faults iu others. I can
generally, on arriving home, liud similar
specimens in my own gar-Ion."
"One other matter," said he, after a mo
ment's hesitat on. We are friends, but here
we part. You may recollect what I told you
soma time ago. 'i here are times when peo
pie's mutual interests may bind them to
gether. and there are times when some agency
may come along which shall cause them to
(separate. That time seems to have come for
us two—aud sooner than 1 anticipated. You
retain vour interest in the 'Bank' and all that
nay oeveiop out or it* in tue luture out in*
tiuvt future we are' apart Good-bj!"
took his taanJ—for tho
last time.
Will Broener went his way.
Then
I
went mine.
As he hail predicted, the present quartz
furore over Scrub mountain soon died away
but the feeder, our "Bauk," eventually led to
I took his hand for the last time.
the tapping of one of the richest aud most
permanent veins in the state.
loin Corn iiiN I'raily Ki*i»n t«*e.
John C. Cniboun on pointed to a drove of
muh's just from Ohio, and said to t'orwin:
i'lu re go some of youi constituent-." "Yes,"
said Tom, gtmdy, "ioey are going dowu
si uth to s-er.3i.il."—f,ou:.-.v.lie '.'ourier
Journal.
°n
73
73
0)
Wh*\ 'have any Crrespon
ivhali'i'fir, can
save time and, mon
ey by calling at
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The cost is hardly more than that of
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