Roughing It

CHAPTER XLVII

Somebody has said that in order to know a community, one must observe the style of its funerals and know what manner of men they bury with most ceremony. I cannot say which class we buried with most eclat in our “flush times,” the distinguished public benefactor or the distinguished rough – possibly the two chief grades or grand divisions of society honored their illustrious dead about equally; and hence, no doubt the philosopher I have quoted from would have needed to see two representative funerals in Virginia before forming his estimate of the people.

There was a grand time over Buck Fanshaw when he died. He was a representative citizen. He had “killed his man” – not in his own quarrel, it is true, but in defence of a stranger unfairly beset by numbers. He had kept a sumptuous saloon. He had been the proprietor of a dashing helpmeet whom he could have discarded without the formality of a divorce. He had held a high position in the fire department and been a very Warwick in politics. When he died there was great lamentation throughout the town, but especially in the vast bottom-stratum of society.

On the inquest it was shown that Buck Fanshaw, in the delirium of a wasting typhoid fever, had taken arsenic, shot himself through the body, cut his throat, and jumped out of a four-story window and broken his neck – and after due deliberation, the jury, sad and tearful, but with intelligence unblinded by its sorrow, brought in a verdict of death “by the visitation of God.” What could the world do without juries?

Prodigious preparations were made for the funeral. All the vehicles in town were hired, all the saloons put in mourning, all the municipal and fire-company flags hung at half-mast, and all the firemen ordered to muster in uniform and bring their machines duly draped in black. Now – let us remark in parenthesis – as all the peoples of the earth had representative adventurers in the Silverland, and as each adventurer had brought the slang of his nation or his locality with him, the combination made the slang of Nevada the richest and the most infinitely varied and copious that had ever existed anywhere in the world, perhaps, except in the mines of California in the “early days.” Slang was the language of Nevada. It was hard to preach a sermon without it, and be understood. Such phrases as “You bet!” “Oh, no, I reckon not!” “No Irish need apply,” and a hundred others, became so common as to fall from the lips of a speaker unconsciously – and very often when they did not touch the subject under discussion and consequently failed to mean anything.

After Buck Fanshaw’s inquest, a meeting of the short-haired brotherhood was held, for nothing can be done on the Pacific coast without a public meeting and an expression of sentiment. Regretful resolutions were passed and various committees appointed; among others, a committee of one was deputed to call on the minister, a fragile, gentle, spiritual new fledgling from an Eastern theological seminary, and as yet unacquainted with the ways of the mines. The committeeman, “Scotty” Briggs, made his visit; and in after days it was worth something to hear the minister tell about it. Scotty was a stalwart rough, whose customary suit, when on weighty official business, like committee work, was a fire helmet, flaming red flannel shirt, patent leather belt with spanner and revolver attached, coat hung over arm, and pants stuffed into boot tops. He formed something of a contrast to the pale theological student. It is fair to say of Scotty, however, in passing, that he had a warm heart, and a strong love for his friends, and never entered into a quarrel when he could reasonably keep out of it. Indeed, it was commonly said that whenever one of Scotty’s fights was investigated, it always turned out that it had originally been no affair of his, but that out of native good-heartedness he had dropped in of his own accord to help the man who was getting the worst of it. He and Buck Fanshaw were bosom friends, for years, and had often taken adventurous “pot-luck” together. On one occasion, they had thrown off their coats and taken the weaker side in a fight among strangers, and after gaining a hard-earned victory, turned and found that the men they were helping had deserted early, and not only that, but had stolen their coats and made off with them! But to return to Scotty’s visit to the minister. He was on a sorrowful mission, now, and his face was the picture of woe. Being admitted to the presence he sat down before the clergyman, placed his fire-hat on an unfinished manuscript sermon under the minister’s nose, took from it a red silk handkerchief, wiped his brow and heaved a sigh of dismal impressiveness, explanatory of his business.

He choked, and even shed tears; but with an effort he mastered his voice and said in lugubrious tones:

“Are you the duck that runs the gospel-mill next door?”

“Am I the – pardon me, I believe I do not understand?”

With another sigh and a half-sob, Scotty rejoined:

“Why you see we are in a bit of trouble, and the boys thought maybe you would give us a lift, if we’d tackle you – that is, if I’ve got the rights of it and you are the head clerk of the doxology-works next door.”

“I am the shepherd in charge of the flock whose fold is next door.”

“The which?”

“The spiritual adviser of the little company of believers whose sanctuary adjoins these premises.”

Scotty scratched his head, reflected a moment, and then said:

“You ruther hold over me, pard. I reckon I can’t call that hand. Ante and pass the buck.”

“How? I beg pardon. What did I understand you to say?”

“Well, you’ve ruther got the bulge on me. Or maybe we’ve both got the bulge, somehow. You don’t smoke me and I don’t smoke you. You see, one of the boys has passed in his checks and we want to give him a good send- off, and so the thing I’m on now is to roust out somebody to jerk a little chin-music for us and waltz him through handsome.”

“My friend, I seem to grow more and more bewildered. Your observations are wholly incomprehensible to me. Cannot you simplify them in some way? At first I thought perhaps I understood you, but I grope now. Would it not expedite matters if you restricted yourself to categorical statements of fact unencumbered with obstructing accumulations of metaphor and allegory?”

Another pause, and more reflection. Then, said Scotty:

“I’ll have to pass, I judge.”

“How?”

“You’ve raised me out, pard.”

“I still fail to catch your meaning.”

“Why, that last lead of yourn is too many for me – that’s the idea. I can’t neither-trump nor follow suit.”

The clergyman sank back in his chair perplexed. Scotty leaned his head on his hand and gave himself up to thought.

Presently his face came up, sorrowful but confident.

“I’ve got it now, so’s you can savvy,” he said. “What we want is a gospel-sharp. See?”

“A what?”

“Gospel-sharp. Parson.”

“Oh! Why did you not say so before? I am a clergyman – a parson.”

“Now you talk! You see my blind and straddle it like a man. Put it there!” – extending a brawny paw, which closed over the minister’s small hand and gave it a shake indicative of fraternal sympathy and fervent gratification.

“Now we’re all right, pard. Let’s start fresh. Don’t you mind my snuffling a little – becuz we’re in a power of trouble. You see, one of the boys has gone up the flume – ”

“Gone where?”

“Up the flume – throwed up the sponge, you understand.”

“Thrown up the sponge?”

“Yes – kicked the bucket – ”

“Ah – has departed to that mysterious country from whose bourne no traveler returns.”

“Return! I reckon not. Why pard, he’s dead!”

“Yes, I understand.”

“Oh, you do? Well I thought maybe you might be getting tangled some more. Yes, you see he’s dead again – ”

“Again? Why, has he ever been dead before?”

“Dead before? No! Do you reckon a man has got as many lives as a cat? But you bet you he’s awful dead now, poor old boy, and I wish I’d never seen this day. I don’t want no better friend than Buck Fanshaw. I knowed him by the back; and when I know a man and like him, I freeze to him – you hear me. Take him all round, pard, there never was a bullier man in the mines. No man ever knowed Buck Fanshaw to go back on a friend. But it’s all up, you know, it’s all up. It ain’t no use. They’ve scooped him.”

“Scooped him?”

“Yes – death has. Well, well, well, we’ve got to give him up. Yes indeed. It’s a kind of a hard world, after all, ain’t it? But pard, he was a rustler! You ought to seen him get started once. He was a bully boy with a glass eye! Just spit in his face and give him room according to his strength, and it was just beautiful to see him peel and go in. He was the worst son of a thief that ever drawed breath. Pard, he was on it! He was on it bigger than an Injun!”

“On it? On what?”

“On the shoot. On the shoulder. On the fight, you understand. He didn’t give a continental for any body. Beg your pardon, friend, for coming so near saying a cuss-word – but you see I’m on an awful strain, in this palaver, on account of having to cramp down and draw everything so mild. But we’ve got to give him up. There ain’t any getting around that, I don’t reckon. Now if we can get you to help plant him – ”

“Preach the funeral discourse? Assist at the obsequies?”

“Obs’quies is good. Yes. That’s it – that’s our little game. We are going to get the thing up regardless, you know. He was always nifty himself, and so you bet you his funeral ain’t going to be no slouch – solid silver door-plate on his coffin, six plumes on the hearse, and a nigger on the box in a biled shirt and a plug hat – how’s that for high? And we’ll take care of you, pard. We’ll fix you all right. There’ll be a kerridge for you; and whatever you want, you just ‘scape out and we’ll ‘tend to it. We’ve got a shebang fixed up for you to stand behind, in No. 1’s house, and don’t you be afraid. Just go in and toot your horn, if you don’t sell a clam. Put Buck through as bully as you can, pard, for anybody that knowed him will tell you that he was one of the whitest men that was ever in the mines. You can’t draw it too strong. He never could stand it to see things going wrong. He’s done more to make this town quiet and peaceable than any man in it. I’ve seen him lick four Greasers in eleven minutes, myself. If a thing wanted regulating, he warn’t a man to go browsing around after somebody to do it, but he would prance in and regulate it himself. He warn’t a Catholic. Scasely. He was down on ‘em. His word was, ‘No Irish need apply!’ But it didn’t make no difference about that when it came down to what a man’s rights was – and so, when some roughs jumped the Catholic bone-yard and started in to stake out town-lots in it he went for ‘em! And he cleaned ‘em, too! I was there, pard, and I seen it myself.”

“That was very well indeed – at least the impulse was – whether the act was strictly defensible or not. Had deceased any religious convictions? That is to say, did he feel a dependence upon, or acknowledge allegiance to a higher power?”

More reflection.

“I reckon you’ve stumped me again, pard. Could you say it over once more, and say it slow?”

“Well, to simplify it somewhat, was he, or rather had he ever been connected with any organization sequestered from secular concerns and devoted to self-sacrifice in the interests of morality?”

“All down but nine – set ‘em up on the other alley, pard.”

“What did I understand you to say?”

“Why, you’re most too many for me, you know. When you get in with your left I hunt grass every time. Every time you draw, you fill; but I don’t seem to have any luck. Lets have a new deal.”

“How? Begin again?”

“That’s it.”

“Very well. Was he a good man, and – ”

“There – I see that; don’t put up another chip till I look at my hand. A good man, says you? Pard, it ain’t no name for it. He was the best man that ever – pard, you would have doted on that man. He could lam any galoot of his inches in America. It was him that put down the riot last election before it got a start; and everybody said he was the only man that could have done it. He waltzed in with a spanner in one hand and a trumpet in the other, and sent fourteen men home on a shutter in less than three minutes. He had that riot all broke up and prevented nice before anybody ever got a chance to strike a blow. He was always for peace, and he would have peace – he could not stand disturbances. Pard, he was a great loss to this town. It would please the boys if you could chip in something like that and do him justice. Here once when the Micks got to throwing stones through the Methodis’ Sunday school windows, Buck Fanshaw, all of his own notion, shut up his saloon and took a couple of six-shooters and mounted guard over the Sunday school. Says he, ‘No Irish need apply!’ And they didn’t. He was the bulliest man in the mountains, pard! He could run faster, jump higher, hit harder, and hold more tangle-foot whisky without spilling it than any man in seventeen counties. Put that in, pard – it’ll please the boys more than anything you could say. And you can say, pard, that he never shook his mother.”

“Never shook his mother?”

“That’s it – any of the boys will tell you so.”

“Well, but why should he shake her?”

“That’s what I say – but some people does.”

“Not people of any repute?”

“Well, some that averages pretty so-so.”

“In my opinion the man that would offer personal violence to his own mother, ought to – ”

“Cheese it, pard; you’ve banked your ball clean outside the string. What I was a drivin’ at, was, that he never throwed off on his mother – don’t you see? No indeedy. He give her a house to live in, and town lots, and plenty of money; and he looked after her and took care of her all the time; and when she was down with the small-pox I’m d – d if he didn’t set up nights and nuss her himself! Beg your pardon for saying it, but it hopped out too quick for yours truly.

“You’ve treated me like a gentleman, pard, and I ain’t the man to hurt your feelings intentional. I think you’re white. I think you’re a square man, pard. I like you, and I’ll lick any man that don’t. I’ll lick him till he can’t tell himself from a last year’s corpse! Put it there!” [Another fraternal hand-shake – and exit.]

The obsequies were all that “the boys” could desire. Such a marvel of funeral pomp had never been seen in Virginia. The plumed hearse, the dirge-breathing brass bands, the closed marts of business, the flags drooping at half mast, the long, plodding procession of uniformed secret societies, military battalions and fire companies, draped engines, carriages of officials, and citizens in vehicles and on foot, attracted multitudes of spectators to the sidewalks, roofs and windows; and for years afterward, the degree of grandeur attained by any civic display in Virginia was determined by comparison with Buck Fanshaw’s funeral.

Scotty Briggs, as a pall-bearer and a mourner, occupied a prominent place at the funeral, and when the sermon was finished and the last sentence of the prayer for the dead man’s soul ascended, he responded, in a low voice, but with feelings:

“AMEN. No Irish need apply.”

As the bulk of the response was without apparent relevancy, it was probably nothing more than a humble tribute to the memory of the friend that was gone; for, as Scotty had once said, it was “his word.”

Scotty Briggs, in after days, achieved the distinction of becoming the only convert to religion that was ever gathered from the Virginia roughs; and it transpired that the man who had it in him to espouse the quarrel of the weak out of inborn nobility of spirit was no mean timber whereof to construct a Christian. The making him one did not warp his generosity or diminish his courage; on the contrary it gave intelligent direction to the one and a broader field to the other.

If his Sunday-school class progressed faster than the other classes, was it matter for wonder? I think not. He talked to his pioneer small-fry in a language they understood! It was my large privilege, a month before he died, to hear him tell the beautiful story of Joseph and his brethren to his class “without looking at the book.” I leave it to the reader to fancy what it was like, as it fell, riddled with slang, from the lips of that grave, earnest teacher, and was listened to by his little learners with a consuming interest that showed that they were as unconscious as he was that any violence was being done to the sacred proprieties!

CHAPTER XLVIII

The first twenty-six graves in the Virginia cemetery were occupied by murdered men. So everybody said, so everybody believed, and so they will always say and believe. The reason why there was so much slaughtering done, was, that in a new mining district the rough element predominates, and a person is not respected until he has “killed his man.” That was the very expression used.

If an unknown individual arrived, they did not inquire if he was capable, honest, industrious, but – had he killed his man? If he had not, he gravitated to his natural and proper position, that of a man of small consequence; if he had, the cordiality of his reception was graduated according to the number of his dead. It was tedious work struggling up to a position of influence with bloodless hands; but when a man came with the blood of half a dozen men on his soul, his worth was recognized at once and his acquaintance sought.

In Nevada, for a time, the lawyer, the editor, the banker, the chief desperado, the chief gambler, and the saloon keeper, occupied the same level in society, and it was the highest. The cheapest and easiest way to become an influential man and be looked up to by the community at large, was to stand behind a bar, wear a cluster-diamond pin, and sell whisky. I am not sure but that the saloon-keeper held a shade higher rank than any other member of society. His opinion had weight. It was his privilege to say how the elections should go. No great movement could succeed without the countenance and direction of the saloon- keepers. It was a high favor when the chief saloon-keeper consented to serve in the legislature or the board of aldermen.

Youthful ambition hardly aspired so much to the honors of the law, or the army and navy as to the dignity of proprietorship in a saloon.

To be a saloon-keeper and kill a man was to be illustrious. Hence the reader will not be surprised to learn that more than one man was killed in Nevada under hardly the pretext of provocation, so impatient was the slayer to achieve reputation and throw off the galling sense of being held in indifferent repute by his associates. I knew two youths who tried to “kill their men” for no other reason – and got killed themselves for their pains. “There goes the man that killed Bill Adams” was higher praise and a sweeter sound in the ears of this sort of people than any other speech that admiring lips could utter.

The men who murdered Virginia’s original twenty-six cemetery-occupants were never punished. Why? Because Alfred the Great, when he invented trial by jury and knew that he had admirably framed it to secure justice in his age of the world, was not aware that in the nineteenth century the condition of things would be so entirely changed that unless he rose from the grave and altered the jury plan to meet the emergency, it would prove the most ingenious and infallible agency for defeating justice that human wisdom could contrive. For how could he imagine that we simpletons would go on using his jury plan after circumstances had stripped it of its usefulness, any more than he could imagine that we would go on using his candle-clock after we had invented chronometers? In his day news could not travel fast, and hence he could easily find a jury of honest, intelligent men who had not heard of the case they were called to try – but in our day of telegraphs and newspapers his plan compels us to swear in juries composed of fools and rascals, because the system rigidly excludes honest men and men of brains.

I remember one of those sorrowful farces, in Virginia, which we call a jury trial. A noted desperado killed Mr. B., a good citizen, in the most wanton and cold-blooded way. Of course the papers were full of it, and all men capable of reading, read about it. And of course all men not deaf and dumb and idiotic, talked about it. A jury-list was made out, and Mr. B. L., a prominent banker and a valued citizen, was questioned precisely as he would have been questioned in any court in America:

“Have you heard of this homicide?”

“Yes.”

“Have you held conversations upon the subject?”

“Yes.”

“Have you formed or expressed opinions about it?”

“Yes.”

“Have you read the newspaper accounts of it?”

“Yes.”

“We do not want you.”

A minister, intelligent, esteemed, and greatly respected; a merchant of high character and known probity; a mining superintendent of intelligence and unblemished reputation; a quartz mill owner of excellent standing, were all questioned in the same way, and all set aside. Each said the public talk and the newspaper reports had not so biased his mind but that sworn testimony would overthrow his previously formed opinions and enable him to render a verdict without prejudice and in accordance with the facts. But of course such men could not be trusted with the case. Ignoramuses alone could mete out unsullied justice.

When the peremptory challenges were all exhausted, a jury of twelve men was impaneled – a jury who swore they had neither heard, read, talked about nor expressed an opinion concerning a murder which the very cattle in the corrals, the Indians in the sage-brush and the stones in the streets were cognizant of! It was a jury composed of two desperadoes, two low beer-house politicians, three bar-keepers, two ranchmen who could not read, and three dull, stupid, human donkeys! It actually came out afterward, that one of these latter thought that incest and arson were the same thing.

The verdict rendered by this jury was, Not Guilty. What else could one expect?

The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury. It is a shame that we must continue to use a worthless system because it was good a thousand years ago. In this age, when a gentleman of high social standing, intelligence and probity, swears that testimony given under solemn oath will outweigh, with him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who will swear to their own ignorance and stupidity, and justice would be far safer in his hands than in theirs. Why could not the jury law be so altered as to give men of brains and honesty and equal chance with fools and miscreants? Is it right to show the present favoritism to one class of men and inflict a disability on another, in a land whose boast is that all its citizens are free and equal? I am a candidate for the legislature. I desire to tamper with the jury law. I wish to so alter it as to put a premium on intelligence and character, and close the jury box against idiots, blacklegs, and people who do not read newspapers. But no doubt I shall be defeated – every effort I make to save the country “misses fire.”

My idea, when I began this chapter, was to say something about desperadoism in the “flush times” of Nevada. To attempt a portrayal of that era and that land, and leave out the blood and carnage, would be like portraying Mormondom and leaving out polygamy. The desperado stalked the streets with a swagger graded according to the number of his homicides, and a nod of recognition from him was sufficient to make a humble admirer happy for the rest of the day. The deference that was paid to a desperado of wide reputation, and who “kept his private graveyard,” as the phrase went, was marked, and cheerfully accorded. When he moved along the sidewalk in his excessively long-tailed frock- coat, shiny stump-toed boots, and with dainty little slouch hat tipped over left eye, the small-fry roughs made room for his majesty; when he entered the restaurant, the waiters deserted bankers and merchants to overwhelm him with obsequious service; when he shouldered his way to a bar, the shouldered parties wheeled indignantly, recognized him, and – apologized.