The Cave of Gold: A Tale of California in '49McNeil, Everett
General
The Cave of Gold: A Tale of California in '49
McNeil, Everett
California -- Gold discoveries -- Juvenile fiction
This swift severity of Justice was, in a sense, compelled by the
unusual, the almost unprecedented conditions surrounding life in a city
born suddenly in a wilderness. There were few locks and bars and bolts,
or, even, doors, in Sacramento City at that time; and large sums in gold
and great values in goods were often left exposed and almost
unprotected. The thief, under such circumstances, had to be dealt with
severely and promptly; or the property of no one would be safe. There
were no regularly established courts in the city to try criminals, no
written code of laws to dictate methods of procedure, no court officials
to enforce mandates, and no safe jails in which to confine prisoners.
Under such circumstances the people had to form their own courts, make
their own laws, and see that they were enforced; or have no laws; and
the criminal had to be dealt with summarily. The thief was sometimes
whipped, or, even, cropped, that is his ears were cut off, and he was
always driven from the city, and warned not to come back under penalty
of death. The murderer, when proven guilty to the satisfaction of the
people, was always hanged. No prisoners were held. They were proven
guilty and sentence pronounced and executed at once; or they were set
free.
Such was Sacramento City in 1849, the Sacramento City in which Thure and
Bud now found themselves under arrest for the horrible crime of murder,
the most serious crime that can be charged against a human being
anywhere, but rendered especially serious in the present case by the
peculiar surrounding circumstances. In all the city, so far as either
boy knew, they did not have a friend, or even an acquaintance, who could
vouch for them--and yet, before the sun set that night, they must prove
themselves innocent of the crime charged, or, in all human probability,
be hanged!
The alcalde's office was small, only a few of the great crowd of men who
had followed the sheriff and his prisoners could get inside of it; and,
when the alcalde saw the size of the gathering outside of his office and
learned the serious nature of the charge against the two boys, he at
once ordered the "court" to be held under the big oak in the
horse-market, where there would be room for all to see and hear how
justice was dispensed. Accordingly all started at once for the
horse-market, situated near the bottom of K Street, where an immense
evergreen oak stood in the middle of the street, furnishing an agreeable
shade for many feet around and a fittingly picturesque scene for the
holding of such a trial as was about to take place.
The method of procedure, on arriving at the horse-market, was simple but
effective. The alcalde took his station near the trunk of the great oak,
and summoned the prisoners and their accusers before him, while the
crowd gathered in a grim and stern-faced circle around this improvised
courtroom.
"What is the crime the prisoners are charged with?" and the alcalde
turned to the sheriff.
Public-domain text, read in full here on John Shaqi.
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