Prentice Mulford's story: life by land and seaMulford, Prentice
History
Prentice Mulford's story: life by land and sea
Mulford, Prentice
California -- Biography; California -- Description and travel; California -- Gold discoveries; Mulford, Prentice, 1834-1891
ON A JURY.
Year after year, and term after term, the great case of Table Mountain
Tunnel vs. New York Tunnel, used to be called in the Court held at
Sonora, Tuolumne County. The opposing claims were on opposite sides of
the great mountain wall, which here described a semicircle. When these
two claims were taken up, it was supposed the pay streak followed the
Mountain’s course; but it had here taken a freak to shoot straight
across a flat formed by the curve. Into this ground, at first deemed
worthless, both parties were tunnelling. The farther they tunnelled, the
richer grew the pay streak. Every foot was worth a fortune. Both claimed
it. The law was called upon to settle the difficulty. The law was glad,
for it had then many children in the county who needed fees. Our lawyers
ran their tunnels into both of these rich claims, nor did they stop
boring until they had exhausted the cream of that pay streak. Year after
year, Table Mountain vs. New York Tunnel Company was tried, judgment
rendered first for one side and then for the other, then appealed to the
Supreme Court, sent back, and tried over, until, at last, it had become
so encumbered with legal barnacles, parasites, and cobwebs, that none
other than the lawyers knew or pretended to know aught of the rights of
the matter. Meantime, the two rival companies kept hard at work, day
and night. Every ounce over the necessary expense of working their
claims and feeding and clothing their bodies, went to maintain lawyers.
The case became one of the institutions of the county. It outlived
several judges and attorneys. It grew plethoric with affidavits and
other documentary evidence. Men died, and with their last breath left
some word still further to confuse the great Table Mountain vs. New York
Tunnel case. The county town throve during this yearly trial. Each side
brought a small army of witnesses, who could swear and fill up any and
every gap in their respective chains of evidence. It involved the
history, also, of all the mining laws made since “’49.” Eventually,
jurors competent to try this case became very scarce. Nearly every one
had “sat on it,” or had read or heard or formed an opinion concerning
it, or said they had. The Sheriff and his deputies ransacked the hills
and gulches of Tuolumne for new Table Mountain vs. New York Tunnel
jurors. At last, buried in an out-of-the-way gulch, they found me. I was
presented with a paper commanding my appearance at the county town, with
various pains and penalties affixed, in case of refusal. I obeyed. I had
never before formed the twelfth of a jury. In my own estimation, I rated
only as the twenty-fourth. We were sworn in: sworn to try the case to
the best of our ability; it was ridiculous that I should swear to this,
for internally I owned I had no ability at all as a juror. We were put
in twelve arm-chairs. The great case was called. The lawyers, as usual,
on either side, opened by declaring their intentions to prove themselves
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account