The Story of a Mine

CHAPTER VII

WHO PLEAD FOR IT

There can be little doubt the coroner’s jury of Fresno would have returned a verdict of “death from alcoholism,” as the result of their inquest into the cause of Concho’s death, had not Dr. Guild fought nobly in support of the law and his own convictions. A majority of the jury objected to there being any inquest at all. A sincere juryman thought it hard that whenever a Greaser pegged out in a sneakin’ kind o’ way, American citizens should be taken from their business to find out what ailed him. “S’pose he was killed,” said another, “thar ain’t no time this thirty year he weren’t, so to speak, just sufferin’ for it, ez his nat’ral right ez a Mexican.” The jury at last compromised by bringing in a verdict of homicide against certain parties unknown. Yet it was understood tacitly that these unknown parties were severally Wiles and Pedro; Manuel, Miguel, and Roscommon proving an unmistakable alibi. Wiles and Pedro had fled to lower California, and Manuel, Miguel, and Roscommon deemed it advisable, in the then excited state of the public mind, to withhold the forged application and claim from the courts and the public comment. So that for a year after the murder of Concho and the flight of his assassins “The Blue Mass Mining Company” remained in undisturbed and actual possession of the mine, and reigned in their stead.

But the spirit of the murdered Concho would not down any more than that of the murdered Banquo, and so wrought, no doubt, in a quiet, Concho-like way, sore trouble with the “Blue Mass Company.” For a great Capitalist and Master of Avarice came down to the mine and found it fair, and taking one of the Company aside, offered to lend his name and a certain amount of coin for a controlling interest, accompanying the generous offer with a suggestion that if it were not acceded to he would be compelled to buy up various Mexican mines and flood the market with quicksilver to the great detriment of the “Blue Mass Company,” which thoughtful suggestion, offered by a man frequently alluded to as one of “California’s great mining princes,” and as one who had “done much to develop the resources of the State,” was not to be lightly considered; and so, after a cautious non-consultation with the Company, and a commendable secrecy, the stockholder sold out. Whereat it was speedily spread abroad that the great Capitalist had taken hold of “Blue Mass,” and the stock went up, and the other stockholders rejoiced—until the great Capitalist found that it was necessary to put up expensive mills, to employ a high salaried Superintendent, in fact, to develop the mine by the spending of its earnings, so that the stock quoted at 112 was finally saddled with an assessment of $50 per share. Another assessment of $50 to enable the Superintendent to proceed to Russia and Spain and examine into the workings of the quicksilver mines there, and also a general commission to the gifted and scientific Pillageman to examine into the various component parts of quicksilver, and report if it could not be manufactured from ordinary sand-stone by steam or electricity, speedily brought the other stockholders to their senses. It was at this time the good fellow “Tom,” the serious-minded “Dick,” and the speculative but fortunate “Harry,” brokers of the Great Capitalist, found it convenient to buy up, for the Great Capitalist aforesaid, the various other shares at great sacrifice.

I fear that I have bored my readers in thus giving the tiresome details of that ingenuous American pastime which my countrymen dismiss in their epigrammatic way as the “freezing-out process.” And lest any reader should question the ethics of the proceeding, I beg him to remember that one gentleman accomplished in this art was always a sincere and direct opponent of the late Mr. John Oakhurst, gambler.

But for once the Great Master of Avarice had not taken into sufficient account the avarice of others, and was suddenly and virtuously shocked to learn that an application for a patent for certain lands, known as the “Red-Rock Rancho,” was about to be offered before the United States Land Commission. This claim covered his mining property. But the information came quietly and secretly, as all of the Great Master’s information was obtained, and he took the opportunity to sell out his clouded title and his proprietorship to the only remaining member of the original “Blue Mass Company,” a young fellow of pith, before many-tongued rumor had voiced the news far and wide. The blow was a heavy one to the party left in possession. Saddled by the enormous debts and expenses of the Great Capitalist, with a credit now further injured by the defection of this lucky magnate, who was admired for his skill in anticipating a loss, and whose relinquishment of any project meant ruin to it, the single-handed, impoverished possessor of the mine, whose title was contested, and whose reputation was yet to be made,—poor Biggs, first secretary and only remaining officer of the “Blue Mass Company,” looked ruefully over his books and his last transfer, and sighed. But I have before intimated that he was built of good stuff, and that he believed in his work,—which was well,—and in himself, which was better; and so, having faith even as a grain of mustard seed, I doubt not he would have been able to remove that mountain of quicksilver beyond the overlapping of fraudulent grants. And, again, Providence—having disposed of these several scamps—raised up to him a friend. But that friend is of sufficient importance to this veracious history to deserve a paragraph to himself.

The Pylades of this Orestes was known of ordinary mortals as Royal Thatcher. His genealogy, birth, and education are, I take it, of little account to this chronicle, which is only concerned with his friendship for Biggs and the result thereof. He had known Biggs a year or two previously; they had shared each other’s purses, bunks, cabins, provisions, and often friends, with that perfect freedom from obligation which belonged to the pioneer life. The varying tide of fortune had just then stranded Thatcher on a desert sand hill in San Francisco, with an uninsured cargo of Expectations, while to Thatcher’s active but not curious fancy it had apparently lifted his friend’s bark over the bar in the Monterey mountains into an open quicksilver sea. So that he was considerably surprised on receiving a note from Biggs to this purport:

“DEAR ROY—Run down here and help a fellow. I’ve too much of a load for one. Maybe we can make a team and pull ‘Blue Mass’ out yet. BIGGSEY.”

Thatcher, sitting in his scantily furnished lodgings, doubtful of his next meal and in arrears for rent, heard this Macedonian cry as St. Paul did. He wrote a promissory and soothing note to his landlady, but fearing the “sweet sorrow” of personal parting, let his collapsed valise down from his window by a cord, and, by means of an economical combination of stage riding and pedestrianism, he presented himself, at the close of the third day, at Biggs’s door. In a few moments he was in possession of the story; half an hour later in possession of half the mine, its infelix past and its doubtful future, equally with his friend.

Business over, Biggs turned to look at his partner. “You’ve aged some since I saw you last,” he said. “Starvation luck, I s’pose. I’d know your eyes, old fellow, if I saw them among ten thousand; but your lips are parched, and your mouth’s grimmer than it used to be.” Thatcher smiled to show that he could still do so, but did not say, as he might have said, that self-control, suppressed resentment, disappointment, and occasional hunger had done something in the way of correcting Nature’s obvious mistakes, and shutting up a kindly mouth. He only took off his threadbare coat, rolled up his sleeves, and saying, “We’ve got lots of work and some fighting before us,” pitched into the “affairs” of the “Blue Mass Company” on the instant.

CHAPTER VIII

OF COUNSEL FOR IT

Meanwhile Roscommon had waited. Then, in Garcia’s name, and backed by him, he laid his case before the Land Commissioner, filing the application (with forged indorsements) to Governor Micheltorena, and alleging that the original grant was destroyed by fire. And why?

It seemed there was a limit to Miss Carmen’s imitative talent. Admirable as it was, it did not reach to the reproduction of that official seal, which would have been a necessary appendage to the Governor’s grant. But there were letters written on stamped paper by Governor Micheltorena to himself, Garcia, and to Miguel, and to Manuel’s father, all of which were duly signed by the sign manual and rubric of Mrs.-Governor-Micheltorena-Carmen-de-Haro. And then there was “parol” evidence, and plenty of it; witnesses who remembered everything about it,—namely, Manuel, Miguel, and the all-recollecting De Haro; here were details, poetical and suggestive; and Dame-Quicklyish, as when his late Excellency, sitting not “by a sea-coal fire,” but with aguardiente and cigarros, had sworn to him, the ex-ecclesiastic Miguel, that he should grant, and had granted, Garcia’s request. There were clouds of witnesses, conversations, letters, and records, glib and pat to the occasion. In brief, there was nothing wanted but the seal of his Excellency. The only copy of that was in the possession of a rival school of renaissant art and the restoration of antiques, then doing business before the Land Commission.

And yet the claim was rejected! Having lately recommended two separate claimants to a patent for the same land, the Land Commission became cautious and conservative.

Roscommon was at first astounded, then indignant, and then warlike,—he was for an “appale to onst!”

With the reader’s previous knowledge of Roscommon’s disposition this may seem somewhat inconsistent; but there are certain natures to whom litigation has all the excitement of gambling, and it should be borne in mind that this was his first lawsuit. So that his lawyer, Mr. Saponaceous Wood, found him in that belligerent mood to which counsel are obliged to hypocritically bring all the sophistries of their profession.

“Of course you have your right to an appeal, but calm yourself, my dear sir, and consider. The case was presented strongly, the evidence overwhelming on our side, but we happened to be fighting previous decisions of the Land Commission that had brought them into trouble; so that if Micheltorena had himself appeared in Court and testified to his giving you the grant, it would have made no difference,—no Spanish grant had a show then, nor will it have for the next six months. You see, my dear sir, the Government sent out one of its big Washington lawyers to look into this business, and he reported frauds, sir, frauds, in a majority of the Spanish claims. And why, sir? why? He was bought, sir, bought—body and soul—by the Ring!”

“And fwhot’s the Ring?” asked his client sharply.

“The Ring is—ahem! a combination of unprincipled but wealthy persons to defeat the ends of justice.”

“And sure, fwhot’s the Ring to do wid me grant as that thaving Mexican gave me as the collatherals for the bourd he was owin’ me? Eh, mind that now!”

“The Ring, my dear sir, is the other side. It is—ahem! always the Other Side.”

“And why the divel haven’t we a Ring too? And ain’t I payin’ ye five hundred dollars,—and the divel of Ring ye have, at all, at all? Fwhot am I payin’ ye fur, eh?”

“That a judicious expenditure of money,” began Mr. Wood, “outside of actual disbursements, may not be of infinite service to you I am not prepared to deny,—but—”

“Look ye, Mr. Sappy Wood, it’s the ‘appale’ I want, and the grant I’ll have, more betoken as the old woman’s har-rut and me own is set on it entoirely. Get me the land and I’ll give ye the half of it,—and it’s a bargain!”

“But my dear sir, there are some rules in our profession,—technical though they may be—”

“The divel fly away wid yer profession. Sure is it better nor me own? If I’ve risked me provisions and me whisky, that cost me solid goold in Frisco, on that thafe Garcia’s claim, bedad! the loikes of ye can risk yer law.”

“Well,” said Wood, with an awkward smile, “I suppose that a deed for one half, on the consideration of friendship, my dear sir, and a dollar in hand paid by me, might be reconcilable.”

“Now it’s talkin’ ye are. But who’s the felly we’re foighten, that’s got the Ring?”

“Ah, my dear sir, it’s the United States,” said the lawyer with gravity.

“The States! the Government is it? And is’t that ye’re afeared of? Sure it’s the Government that I fought in me own counthree, it was the Government that druv me to Ameriky, and is it now that I’m going back on me principles?”

“Your political sentiments do you great credit,” began Mr. Wood.

“But fwhot’s the Government to do wid the appale?”

“The Government,” said Mr. Wood significantly, “will be represented by the District Attorney.”

“And who’s the spalpeen?”

“It is rumored,” said Mr. Wood, slowly, “that a new one is to be appointed. I, myself, have had some ambition that way.”

His client bent a pair of cunning but not over-wise grey eyes on his American lawyer. But he only said, “Ye have, eh?”

“Yes,” said Wood, answering the look boldly; “and if I had the support of a number of your prominent countrymen, who are so powerful with ALL parties,—men like YOU, my dear sir,—why, I think you might in time become a conservative, at least more resigned to the Government.”

Then the lesser and the greater scamp looked at each other, and for a moment or two felt a warm, sympathetic, friendly emotion for each other, and quietly shook hands.

Depend upon it there is a great deal more kindly human sympathy between two openly-confessed scamps than there is in that calm, respectable recognition that you and I, dear reader, exhibit when we happen to oppose each other with our respective virtues.

“And ye’ll get the appale?”

“I will.”

And he DID! And by a singular coincidence got the District Attorneyship also. And with a deed for one half of the “Red-Rock Rancho” in his pocket, sent a brother lawyer in court to appear for his client, the United States, as against HIMSELF, Roscommon, Garcia, et al. Wild horses could not have torn him from this noble resolution. There is an indescribable delicacy in the legal profession which we literary folk ought to imitate.

The United States lost! Which meant ruin and destruction to the “Blue Mass Company,” who had bought from a paternal and beneficent Government lands which didn’t belong to it. The Mexican grant, of course, antedated the occupation of the mine by Concho, Wiles, Pedro, et al., as well as by the “Blue Mass Company,” and the solitary partners, Biggs and Thatcher. More than that, it swallowed up their improvements. It made Biggs and Thatcher responsible to Garcia for all the money the Grand Master of Avarice had made out of it. Mr. District Attorney was apparently distressed, but resigned. Messrs. Biggs and Thatcher were really distressed and combative.

And then, to advance a few years in this chronicle, began real litigation with earnestness, vigor, courage, zeal, and belief on the part of Biggs and Thatcher, and technicalities, delay, equivocation, and a general Fabian-like policy on the part of Garcia, Roscommon, et al. Of all these tedious processes I note but one, which for originality and audacity of conception appears to me to indicate more clearly the temper and civilization of the epoch. A subordinate officer of the District Court refused to obey the mandate ordering a transcript of the record to be sent up to the United States Supreme Court. It is to be regretted that the name of this Ephesian youth, who thus fired the dome of our constitutional liberties, should have been otherwise so unimportant as to be confined to the dusty records of that doubtful court of which he was a doubtful servitor, and that his claim to immortality ceased with his double-feed service. But there still stands on record a letter by this young gentleman, arraigning the legal wisdom of the land, which is not entirely devoid of amusement or even instruction to young men desirous of obtaining publicity and capital. Howbeit, the Supreme Court was obliged to protect itself by procuring the legislation of his functions out of his local fingers into the larger palm of its own attorney.

These various processes of law and equity, which, when exercised practically in the affairs of ordinary business, might have occupied a few months’ time, dragged, clung, retrograded, or advanced slowly during a period of eight or nine years. But the strong arms of Biggs and Thatcher held POSSESSION, and possibly, by the same tactics employed on the other side, arrested or delayed ejectment, and so made and sold quicksilver, while their opponents were spending gold, until Biggs, sorely hit in the interlacings of his armor, fell in the lists, his cheek growing waxen and his strong arm feeble, and finding himself in this sore condition, and passing, as it were, made over his share in trust to his comrade, and died. Whereat, from that time henceforward, Royal Thatcher reigned in his stead.

And so, having anticipated the legal record, we will go back to the various human interests that helped to make it up.

To begin with Roscommon: To do justice to his later conduct and expressions, it must be remembered that when he accepted the claim for the “Red-Rock Rancho,” yet unquestioned, from the hands of Garcia, he was careless, or at least unsuspicious of fraud. It was not until he had experienced the intoxication of litigation that he felt, somehow, that he was a wronged and defrauded man, but with the obstinacy of defrauded men, preferred to arraign some one fact or individual as the impelling cause of his wrong, rather than the various circumstances that led to it. To his simple mind it was made patent that the “Blue Mass Company” were making money out of a mine which he claimed, and which was not yet adjudged to them. Every dollar they took out was a fresh count in this general indictment. Every delay towards this adjustment of rights—although made by his own lawyer—was a personal wrong. The mere fact that there never was nor had been any quid pro quo for this immense property—that it had fallen to him for a mere song—only added zest to his struggle. The possibility of his losing this mere speculation affected him more strongly than if he had already paid down the million he expected to get from the mine. I don’t know that I have indicated as plainly as I might that universal preference on the part of mankind to get something from nothing, and to acquire the largest return for the least possible expenditure, but I question my right to say that Roscommon was much more reprehensible than his fellows.

But it told upon him as it did upon all over whom the spirit of the murdered Concho brooded,—upon all whom avarice alternately flattered and tortured. From his quiet gains in his legitimate business, from the little capital accumulated through industry and economy, he lavished thousands on this chimera of his fancy. He grew grizzled and worn over his self-imposed delusion; he no longer jested with his customers, regardless of quality or station or importance; he had cliques to mollify, enemies to placate, friends to reward. The grocery suffered; through giving food and lodgment to clouds of unimpeachable witnesses before the Land Commission and the District Court, “Mrs. Ros.” found herself losing money. Even the bar failed; there was a party of “Blue Mass” employees who drank at the opposite fonda, and cursed the Roscommon claim over the liquor. The calm, mechanical indifference with which Roscommon had served his customers was gone. The towel was no longer used after its perfunctory fashion; the counter remained unwiped; the disks of countless glasses marked its surface, and indicated other preoccupation on the part of the proprietor. The keen grey eyes of the claimant of the “Red-Rock Rancho” were always on the lookout for friend or enemy.

Garcia comes next. That gentleman’s inborn talent for historic misrepresentation culminated unpleasantly through a defective memory; a year or two after he had sworn in his application for the “Rancho,” being engaged in another case, some trifling inconsistency was discovered in his statements, which had the effect of throwing the weight of evidence to the party who had paid him most, but was instantly detected by the weaker party. Garcia’s preeminence as a witness, an expert and general historian began to decline. He was obliged to be corroborated, and this required a liberal outlay of his fee. With the loss of his credibility as a witness bad habits supervened. He was frequently drunk, he lost his position, he lost his house, and Carmen, removed to San Francisco, supported him with her brush.