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be to shoot you, for which act the morality of the miners would rather applaud him than otherwise. It is only on cold-blooded, unprovoked murder and theft that Judge Lynch is severe. It is a recognised rule here, that if a man, in a row, should merely make a _motion_ with his hand towards his pistol, his opponent is entitled to shoot him first if he can. The consequence is, that _bloody_ quarrels are very rare."

"Niver a taste do I care," cried Larry; "they may hang me tshoo times over, but I'll prove the murder, an' nab the murderin' blackguard too."

"Have a care," said Ned; "you'll get yourself into a scrape."

"Make sure you are right before you act," added Maxton. Larry O'Neil paid no attention to these warnings. "Are ye ready to go, Mister McLeod?" said he, impatiently.

"Quite," replied the other.

"Then come along." And the two left the camp together, armed with their rifles, knives, revolvers, and a shovel.

It was a dark night. Heavy clouds obscured the face of the sky, through which only one or two stars struggled faintly, and rendered darkness visible. The two men passed rapidly along the little footpath that led from the colony to the more open country beyond. This gained, they turned abruptly to the right, and, entering a narrow defile, proceeded at a more cautious pace into the gloomy recesses of the mountains.

"Have a care, Larry O'Neil," whispered the Scotchman, as they advanced; "the road is not so safe here, owing to a number of pits which have been made by diggers after gold--they lie close to the edge of the path, and are pretty deep."

"All right; I'm lookin' out," replied Larry, groping his way after his comrade, at the base of a steep precipice.

"Here is the place," said McLeod, stopping and pushing aside the bushes which lined the path. "Keep close to me--there is no road."

"Are ye sure o' the spot?" inquired Larry, in an undertone, while a feeling of awe crept over him at the thought of being within a few yards of a murdered man in such a dark, wild place.

"Quite sure. I have marked the trees. See there!" He pointed to a white spot on the stem of a tree, where a chip had been cut off, and close to which was a mound of earth and stones. This mound the two men proceeded to break up, and in less than ten minutes they disentombed the body from its shallow grave, and commenced to examine the fatal wound. It was in an advanced state of decomposition, and they hurried the process by the light of a bright solitary star, whose flickering rays pierced through the overspreading branches and fell upon the ghastly countenance of the murdered man.

While thus occupied, they were startled by the sound of breaking twigs, as if some one were slowly approaching; whispering voices were also heard.

"It must be hereabouts," said a voice in a low tone; "he pointed out the place."

"Ho!" cried McLeod, who, with Larry, had seized and cocked his rifle, "is that you, Webster?"

"Halloo! McLeod, where are you?"

In another moment a party of miners broke through the underwood, talking loudly, but they dropped their voices to a whisper on beholding the dead body.

"Whist, boys," said Larry, holding up his hand. "We've jist got hold o' the bullet. It's flattened the least thing, but the size is easy to see. There's a wound over the heart, too, made with a knife; now that's wot I want to get at the bottom of, but I don't like to use me own knife to cut down."

As none of the others felt disposed to lend their knives for such a purpose, they looked at each other in silence.

"Mayhap," said the rough-looking miner who had been hailed by McLeod as Webster--"mayhap the knife o' the corpse is lyin' about."

The suggestion was a happy one. After a few minutes' search the rusty knife of the murdered man was discovered, and with this Larry succeeded in extracting from the wound over the heart of the body a piece of steel, which had evidently been broken off the point of the knife, with which the poor wretch had been slain. Larry held it up with a look of triumph.

"I'll soon shew ye who's the murderer now, boys, av ye'll help me to fill up the grave."

This was speedily accomplished; then the miners, hurrying in silence from the spot, proceeded to the chief hotel of the place, in the gambling-saloon of which they found the man Smith, _alias_ Black Jim, surrounded by gamblers, and sitting on a corner of the monte table watching the game. Larry went up to him at once, and, seizing him by the collar, exclaimed--"I've got ye, have I, ye murderer, ye black villain! Come along wid ye, and git yer desarts--call a coort, boys, an' sot up Judge Lynch."

Instantly the saloon was in an uproar. Smith turned pale as death for a moment, but the blood returned with violence to his brazen forehead; he seized Larry by the throat, and a deadly struggle would speedily have taken place between the two powerful men had not Ned Sinton entered at the moment, and, grasping Smith's arms in his Herculean gripe, rendered him helpless.

"What, comrades," cried Black Jim, with an oath, and looking fiercely round, "will ye see a messmate treated like this? I'm no murderer, an' I defy any one to prove it."

There was a move among the miners, and a voice was heard to speak of rescuing the prisoner.

"Men," cried Ned, still holding Smith, and looking round upon the crowd, "men--"

"I guess there are no men here," interrupted a Yankee; "we're all _gentlemen_."

"Being a man does not incapacitate one from being a gentleman," said Ned, sharply, with a look of scorn at the speaker, who deemed it advisable to keep silence.

After a moment's pause, he continued--"If this _gentleman_ has done no evil, I and my friends will be answerable to him for what we have done; but my comrade, Larry O'Neil, denounces him as a murderer; and says he can prove it. Surely the law of the mines and fair play demand that he should be tried!"

"Hear! hear! well said. Git up a bonfire, and let's have it out," cried several voices, approvingly.

The miners rushed out, dragging Black Jim along with them to an open level space in front of the hotel, where stood a solitary oak-tree, from one of whose sturdy arms several offenders against the laws of the gold-mines had, at various times, swung in expiation of their crimes. Here an immense fire was kindled, and hither nearly all the miners of the neighbourhood assembled.

Black Jim was placed under the branch, from which depended part of the rope that had hanged the last criminal. His rifle, pistols, and knife, were taken from him, amid protestations of innocence, and imprecations on the heads of his accusers. Then a speech was made by an orator who was much admired at the place, but whose coarse language would scarcely have claimed admiration in any civilised community. After this Larry O'Neil stepped forward with McLeod, and the latter described all he knew of the former life of the culprit, and his conduct towards the murdered man. When he had finished, Larry produced the bullet, which was compared with the rifle and the bullets in Smith's pouch, and pronounced similar to the latter. At this, several of the miners cried out, "Guilty, guilty; string him up at once!"

"There are other rifles with the same bore," said Smith. "I used to think Judge Lynch was just, but he's no better I find than the land-sharks elsewhere. Hang me if you like, but if ye do, instead o' gittin' rid o' one murderer, ye'll fill the Little Creek with murderers from end to end. My blood will be on _your_ heads."

"Save yer breath," said Larry, drawing Smith's knife from its scabbard. "See here, boys, sure two dovetails niver fitted closer than this bit o' steel fits the pint o' Black Jim's knife. Them men standin' beside me can swear they saw me take it out o' the breast o' the morthered man, an' yerselves know that this is the murderer's knife."

Almost before Larry had concluded, Smith, who felt that his doom was sealed, exerted all his strength, burst from the men who held him, and darted like an arrow towards that part of the living circle which seemed weakest. Most of the miners shrank back--only one man ventured to oppose the fugitive; but he was driven down with such violence, that he lay stunned on the sward, while Smith sprang like a goat up the steep face of the adjacent precipice. A dozen rifles instantly poured forth their contents, and the rocks rang with the leaden hail; but the aim had been hurried, and the light shed by the fire at that distance was uncertain.

The murderer, next moment, stood on the verge of the precipice, from which he wrenched a mass of rock, and, shouting defiance, hurled it back, with a fearful imprecation, at his enemies. The rock fell into the midst of them, and fractured the skull of a young man, who fell with a groan to the earth. Smith, who paused a moment to witness the result of his throw, uttered a yell of exultation, and darted into the mountains, whither, for hours after, he was hotly pursued by the enraged miners. But one by one they returned to the Creek exhausted, and telling the same tale--"Black Jim had made his escape."


CHAPTER TWELVE.


SABBATH AT THE DIGGINGS--LARRY O'NEIL TAKES TO WANDERING, AND MEETS WITH ADVENTURES--AN IRISH YANKEE DISCOVERED--TERRIBLE CALAMITIES BEFALL TRAVELLERS ON THE OVERLAND ROUTE.



There is no country in our fallen world, however debased and morally barren, in which there does not exist a few green spots where human tenderness and sympathy are found to grow. The atmosphere of the gold-regions of California was, indeed, clouded to a fearful extent with the soul-destroying vapours of worldliness, selfishness, and ungodliness, which the terrors of Lynch law alone restrained from breaking forth in all their devastating strength.

And this is not to be wondered at, for Europe and America naturally poured the flood of their worst inhabitants over the land, in eager search for that gold, the _love of which_, we are told in Sacred Writ, "is the root of all evil." True, there were many hundreds of estimable men who, failing, from adverse circumstances, to make a livelihood in their native lands, sought to better their fortunes in the far west; but, in too many cases, the gold-fever which raged there soon smote them down; and men who once regarded gold as the means to an end, came at last to esteem gold to be the end, and used every means, fair and foul, to obtain it. Others there were, whose constitutions were proof against the national disease; whose hearts deemed _love_ to be the highest bliss of man, and doing good his greatest happiness.

But stilling and destructive though the air of the gold-mines was, there were a few hardy plants of moral goodness which defied it--and some of these bloomed in the colony of Little Creek.

The Sabbath morning dawned on Ned Sinton

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