"Fellow citizens!" said this second speaker, "I am not here either to apologise for, or sanction the crime this man has committed. I know, as well as any man present, the necessity that exists in a land like this, or, rather, in the state of society in which we live, for the severe punishment of crime. All I ask of you is, to let this man be punished by the laws of the country. A system of government--of which you all approve--has lately been established among us; and arrangements have been made for the trial and punishment of criminals. Do not take the law into your own hands. People living in the civilised communities of Europe and our own country are crying `Shame! shame!' at many transactions, similar to this, which have occurred in California; and the same words will be uttered against the proceedings that are taking place here to-day. I am a magistrate; and have with me a constable. I will pledge my life that if you will allow us to remove the prisoner, he shall be brought before a jury and tried by the laws of our country. I trust that no good citizen will make any objection to our taking that course with him." The magistrate then put on his hat--as a signal that _he_ had nothing more to say. The murmur of the crowd rose higher; and there were heard many cries of dissent from what had been last said. "He's had a fair trial--hang him!" exclaimed one. "Hang him now, or he'll escape!" vociferated another. There were also a few voices raised on the other side. "Give him up! Let the magistrate have him!" shouted these last. A man now stood up in the cart; and called for a show of hands. All in favour of delivering the prisoner into the custody of the law officers were requested to hold up their right hands. About twenty arms were extended into the air! A number of these belonged to men who had the appearance of being what in California were called "Sydney Ducks"--old convicts from New South Wales; but most of the hands raised were those of well-known gamblers-- all of whom have an instinctive horror of Justice Lynch. Those who were in favour of the prisoner being hung, _then and there_, were next invited to hold up their right hands. In an instant about three hundred arms were held aloft. All of them that I saw were terminated with strong, sinewy fists, stained only with toil, and belonging to miners--the most respectable portion of the population. This silent, but emphatic, declaration was considered final. After it had been delivered, there commenced a scene of wild excitement. I rushed through the crowd, towards the tree under which the criminal stood. As I came up to him, I saw that a rope had been, already noosed around his neck. A man was climbing into the live oak--for the purpose of passing the rope over one of its branches. "Stop!" I cried, "stop for one minute! Let me ask this man a question, before he dies."