It is also plain that the Fallon Party did not set out expecting to find any one alive in the mountains, otherwise would it not have taken more provisions than just enough to sustain its own men ten days? Would it not have ordered more horses to meet it at the lower end of Bear Valley for the return trip? Had it planned to find and succor survivors would it have taken it for granted that all had perished, simply because there was no one in the lake cabins, and would it have delayed two precious hours in searching the lake camp for valuables before proceeding to Donner's Camp? Had the desire to rescue been uppermost in mind, would not the sight of human foot-tracks on the snow half way between the two camps have excited hope, instead of "suspicion," and prompted some of the party to pursue the lone wanderer with kindly intent? Does not each succeeding day's entry in that journal disclose the party's forgetfulness of its declared mission to the mountains? Can any palliating excuse be urged why those men did not share with Keseberg the food they had brought, instead of permitting him to continue that which famine had forced upon him, and which later they so righteously condemned? Is there a single strain of humanity, pathos, or reverence in that diary, save that reflected from Keseberg's last act before being hurried away from that desolate cabin? Or could there be a falser, crueler, or more heartless account brought to bereaved children than Fallon's purported description of the father's body found in Donner's Camp? Here is the statement of Edwin Bryant, who with General Kearney and escort, _en route_ to the United States, halted at the deserted cabins on June 22, 1847, and wrote: The body of (Captain) George Donner was found in his own camp about eight miles distant. He had been carefully laid out by his wife, and a sheet was wrapped around the corpse. This sad office was probably the last act she performed before visiting the camp of Keseberg.[30] After considering what had been published by _The California Star_, by Bryant, Thornton, Mrs. Farnham, and others, I could not but realize Keseberg's peculiarly helpless situation. Without a chance to speak in his own defence, he had been charged, tried, and adjudged guilty by his accusers; and an excited people had accepted the verdict without question. Later, at Captain Sutter's suggestion, Keseberg brought action for slander against Captain Fallon and party. The case was tried before Alcalde Sinclair,[31] and the jury gave Keseberg a verdict of one dollar damages. This verdict, however, was not given wide circulation, and prejudice remained unchecked. There were other peculiar circumstances connected with this much accused man which were worthy of consideration, notably the following: If, as reported, Keseberg was in condition to walk to the settlement, why did the First Relief permit him to remain in camp consuming rations that might have saved others?