The land of gold; or, Three years in CaliforniaColton, Walter
History
The land of gold; or, Three years in California
Colton, Walter
California -- Gold discoveries; California -- History -- 1846-1850
WEDNESDAY, FEB. 23. One of my Indian prisoners, sentenced to the works
for theft, managed this morning to effect his escape, but was overtaken
by the constable on the Salinas, and brought back. When asked by me what
he ran for, he said the devil put it into his head. I asked him if he
thought a ball and chain would keep the evil one off; he said it might,
but then if he once got at him, he should stand no chance with one of
his legs chained. I told him I should let his leg go for the present,
but if he attempted to run again, I should chain both of them. “And my
hands too,” said the Indian, to assure me of his good conduct.
FRIDAY, MARCH 3. There is an old Mexican law, or usage, here, which has
sometimes exempted from death the murderer who has reached the sanctuary
of the church, or been favored with some accident, in the execution of
the extreme sentence. Two desperadoes, of Mexican and Indian blood, were
brought before me, charged with a wilful, deliberate murder. A jury of
twelve citizens, the largest scope of challenge having been allowed, was
empannelled. The prisoners were convicted and sentenced to be hung. But
by some strange accident, or design, both knots slipped, and down they
came, half imagining themselves still swinging in the air. The priest
who confessed them, and who was present among the great crowd,
immediately declared the penalty paid and the criminals absolved, and
started post-haste to Gen. Mason for his mandate to that effect. The
general told him the prisoners were sentenced to be hung by the neck
till dead, and when this sentence had been executed, the knot-slipping
business might perhaps be considered. This may seem to have been
dictated by a want of humanity, but had the accident or stratagem in
question rescued the criminals, not a noose in California would have
held. The murderers were executed, and the crime for which they suffered
vanished from the future records of the court.
WEDNESDAY, MARCH 15. A lad of fourteen years was brought before me
to-day charged with stealing a horse. The evidence of the larceny was
conclusive; but what punishment to inflict was the question. We have no
house of correction, and to sentence him to the ball and chain on the
public works, among hardened culprits, was to cut off all hope of
amendment, and inflict an indelible stigma on the youth; so I sent for
his father, who had no good reputation himself, and placing a riata in
his hand, directed him to inflict twenty-four lashes on his thieving
boy. He proceeded as far as twelve, when I stopped him; they were
enough. They seemed inflicted by one attempting to atone in this form
for his own transgressions. “Inflict the rest, Soto, on your own evil
example; if you had been upright yourself, you might expect truth and
honesty in your boy; you are more responsible than this lad for his
crimes; you can never chastise him into the right path, and continue
yourself to travel in the wrong.” With these remarks I dismissed the
parties.
Public-domain text, read in full here on John Shaqi.
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