The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury.It is a shame that we must continue to use a worthless system because it was good a thousand years ago.In this age, when a gentleman of high social standing, intelligence and probity, swears that testimony given under solemn oath will outweigh, with him, street talk and newspaper reports based upon mere hearsay, he is worth a hundred jurymen who will swear to their own ignorance and stupidity, and justice would be far safer in his hands than in theirs.
Why could not the jury law be so altered as to give men of brains and honesty and equal chance with fools and miscreants? Is it right to show the present favoritism to one class of men and inflict a disability on another, in a land whose boast is that all its citizens are free and equal? I am a candidate for the legislature.I desire to tamper with the jury law.I wish to so alter it as to put a premium on intelligence and character, and close the jury box against idiots, blacklegs, and people who do not read newspapers.But no doubt I shall be defeated--every effort I make to save the country "misses fire."My idea, when I began this chapter, was to say something about desperadoism in the "flush times" of Nevada.To attempt a portrayal of that era and that land, and leave out the blood and carnage, would be like portraying Mormondom and leaving out polygamy.The desperado stalked the streets with a swagger graded according to the number of his homicides, and a nod of recognition from him was sufficient to make a humble admirer happy for the rest of the day.The deference that was paid to a desperado of wide reputation, and who "kept his private graveyard," as the phrase went, was marked, and cheerfully accorded.
When he moved along the sidewalk in his excessively long-tailed frock-coat, shiny stump-toed boots, and with dainty little slouch hat tipped over left eye, the small-fry roughs made room for his majesty; when he entered the restaurant, the waiters deserted bankers and merchants to overwhelm him with obsequious service; when he shouldered his way to a bar, the shouldered parties wheeled indignantly, recognized him, and--apologized.
They got a look in return that froze their marrow, and by that time a curled and breast-pinned bar keeper was beaming over the counter, proud of the established acquaintanceship that permitted such a familiar form of speech as:
"How're ye, Billy, old fel? Glad to see you.What'll you take--the old thing?"The "old thing" meant his customary drink, of course.
The best known names in the Territory of Nevada were those belonging to these long-tailed heroes of the revolver.Orators, Governors, capitalists and leaders of the legislature enjoyed a degree of fame, but it seemed local and meagre when contrasted with the fame of such men as Sam Brown, Jack Williams, Billy Mulligan, Farmer Pease, Sugarfoot Mike, Pock Marked Jake, El Dorado Johnny, Jack McNabb, Joe McGee, Jack Harris, Six-fingered Pete, etc., etc.There was a long list of them.They were brave, reckless men, and traveled with their lives in their hands.To give them their due, they did their killing principally among themselves, and seldom molested peaceable citizens, for they considered it small credit to add to their trophies so cheap a bauble as the death of a man who was "not on the shoot," as they phrased it.They killed each other on slight provocation, and hoped and expected to be killed themselves--for they held it almost shame to die otherwise than "with their boots on," as they expressed it.
I remember an instance of a desperado's contempt for such small game as a private citizen's life.I was taking a late supper in a restaurant one night, with two reporters and a little printer named--Brown, for instance--any name will do.Presently a stranger with a long-tailed coat on came in, and not noticing Brown's hat, which was lying in a chair, sat down on it.Little Brown sprang up and became abusive in a moment.The stranger smiled, smoothed out the hat, and offered it to Brown with profuse apologies couched in caustic sarcasm, and begged Brown not to destroy him.Brown threw off his coat and challenged the man to fight--abused him, threatened him, impeached his courage, and urged and even implored him to fight; and in the meantime the smiling stranger placed himself under our protection in mock distress.But presently he assumed a serious tone, and said:
"Very well, gentlemen, if we must fight, we must, I suppose.But don't rush into danger and then say I gave you no warning.I am more than a match for all of you when I get started.I will give you proofs, and then if my friend here still insists, I will try to accommodate him."The table we were sitting at was about five feet long, and unusually cumbersome and heavy.He asked us to put our hands on the dishes and hold them in their places a moment--one of them was a large oval dish with a portly roast on it.Then he sat down, tilted up one end of the table, set two of the legs on his knees, took the end of the table between his teeth, took his hands away, and pulled down with his teeth till the table came up to a level position, dishes and all! He said he could lift a keg of nails with his teeth.He picked up a common glass tumbler and bit a semi-circle out of it.Then he opened his bosom and showed us a net-work of knife and bullet scars; showed us more on his arms and face, and said he believed he had bullets enough in his body to make a pig of lead.He was armed to the teeth.He closed with the remark that he was Mr.---- of Cariboo--a celebrated name whereat we shook in our shoes.I would publish the name, but for the suspicion that he might come and carve me.He finally inquired if Brown still thirsted for blood.Brown turned the thing over in his mind a moment, and then--asked him to supper.
With the permission of the reader, I will group together, in the next chapter, some samples of life in our small mountain village in the old days of desperadoism.I was there at the time.The reader will observe peculiarities in our official society; and he will observe also, an instance of how, in new countries, murders breed murders.