CHAPTER XV.

Land jumping —First serious case in the ‘‘France settlement.”—Our

graveyard started.—The ‘‘poor man’s friend.”—Street fight with a
jumper.—‘‘Hurrah for Whetstone Hollow !’,—Public sentiment as to
such cases,—When the courts and press stand in with the people, and
when against them.—Land sharks.—How petty thieves are shot down
with impunity.—Home wreckers.—How my prosperity made me an
object of envy and ravage.—A murderous conspiracy by gentlemen
with great influence at court to jump my pre-emption and school-land
portions of my well earned, improved and stocked home.—The lying
pretexts that were invented and used as a blind.—Jump all the water
on my place.—‘‘If you want any water, dig for it!”—Wanted to get
me into the gang’s court.—How I repossessed my own.—‘‘ Will fix you
by helping H— jump your school land!’—How I had befriended
them.—‘‘Damned be he who first cries hold: enough!’—Tries to
drive me off with a gun.—And we get better acquainted ; get friendly,
and he agrees to quit.—How I was performing my homage against a
lurking foe.—His object.—Is set to resume the conflict.—‘‘ An outrage
for one man to own all the land and the water, too!’ —‘‘Will settle it with
an ounce of lead!” etc. —Boasts of his backing and infiuence.—‘‘ We
will make it hot as hell for you now.”—‘‘I have taken your school
land, E—, your pre-emption, and by G-d! we will soon have a man
on your homestead !””—A man loans me his pistol for defense, and then
eggs on the jumper.—The lying gang.—‘‘ But truth shall conquer at
the last.”—-Jumper’s many wicked threats.—Try to have him bound
over to keep the peace.—My instructions from the peace officer.—‘‘Be
prepared to defend yourself and sow the ground.’’—He loans me seed
for the purpose.—‘‘ There comes [Jumper] now with a gun!’’—‘ Let
us go out and see what he is going to do with it!”—‘‘I don’t care a
damn what he does with it !’”—How he followed me around the field
with a cocked carbine in both hands.—Quits oad has a secret confer-
ence.—‘‘T ask you as a friend and neighbor to quit sowing wheat and
leave the field, for there is going to be trouble !’’—*‘ Look out for him
now !”’—Belches out at the end of a stream of profanity, ‘“‘turn back!
leave the field ! and don’t come back nary time !’’—‘‘T will fix you!”
erack, bang! “I will kill you!” crack, bang /—I return the fire in quick
succession, thus saving my life.—Positive, certain, incontrovertible
proof as to the same.—How he missed me by a scratch and killed the
horse.—‘‘ There, France is shet!’”—The lying and periired gang.—
‘‘Where logic is inverted and wrong is called right.”- 4m charged
with murder !—The would-be assassin, home ravager and ravisher is
shielded, venerated and revenged by his gang.—‘‘If by this means we
can further our cause, the private assassin deserves our applause.”—
(222)

Q)

TE

was
1878
agai
tire.
the
motl
up t
pitec
L

“the
his 41
;
i
Was t
y
ing ni
sold i
fore ]
lived
in toy

*—Our
, with a
nt as to
ple, and
ot down
e me an
ntlemen
.ool-land
‘he lying
he water
d to get
ll fix you
sfriended
-Tries to
friendly,
against a
n outrage
tle it with
e.—‘* We
ur school
ve a man
| and then
mquer at
m bound
her. —‘‘Be
me seed
1 ?—** Let
h’t care a
the field
bt confer-
vheat and
ht for him
rn back!
x you!”
b in quick
trovertible
<illed the
gang.—
charged
wisher is
means we
lause.”’—

a

SHANGHAIED TO THE Gana’s BAsTILE. 223

oo

Am thrown into jail without a hearing.—Held in jail nearly ten months
begging and demanding a trial.—Can NEVER get either a trial or hear-
ing.—‘‘ Virtue distressed” could get no protection here.—Am betrayed,
sold and given away.—‘‘His glories lost, his cause BETRAYED !”—
Shanghaied to the gang’s bastile in double irons.—‘‘Oh! ’twas too
much, é0o dreadful to endure !’”’—‘‘ He jests at scars that never felt a
wound !”’—‘‘Ts this then” thought the youth, ‘‘is this the way to free
man’s spirit from the deadening sway of worldly sloth; to teach him
while he lives, to kuow no bliss but that which virtue gives ?”—

Examples of other cases, and what the law is.—My case as established
and the law, etc., as to the same.

‘*But pleasures are like poppies sprend,
You seize the flower, its bloom is shed;
Or like the snow fall in the river,

A moment white—then melts forever;
Or like the borealis race,

That flit ere you can point their place;
Or like the rainbow’s lovely form
Evanishing amid the storm.”—Burns,

THE first serious land jumping in the “ France Settlement”
was that of a man who jumped a claim belonging to Miss B—,
1878. In moving on to it, the jumper left a wagon tire, leaning
against some other traps, on an elevation above the house ; the
tire got started, and bounding into the door crushed a hole into
the head of a two or three year old child, playing by its
mother’s side. Yet, it lingered until a doctor arrived and sewed
up the sea!p, the brain oozing out meanwhile. Oh, what a
piteous sight !

The <loctor prided himself on being above all other doctors
“the peor mau’s frisud,” and therefore charged only $150 for
his trip of 80 m:'cs and “surgical operation.”

Thus was our graveyard started.

Then the jumper was driven from the place, though he
was technically right.

About this time there was also an attempt at claim jump-
ing near Dayton. A man had filed on a claim and then, having
sold it be.ore proving up, erroneously thought he could there-
fore legai'y ‘le the same right on another claim. After he had
lived on av. improved this other claim, a man doing business
in town filed a contest at the land office and was about to win

224 DEFENDING MY LIFE AND Home.

Pali Pa a aetna 2

the place by law. So many of the neighbors turned out, é
destroyed with fire the lumber he had put on the place for a t
house, and, armed with shot guns and pistols, went hunting for
him in a body to the county seat, where they challenged the

jumper out of his house of business and shot him down in the k
street, and, after he was down, amid shouts of “hurrah for g
Whetstone Hollow!” t

There was not even an arrest made, nor any indictment as

found, as the jumper was not a member of the gang.

One of the shooters rested his pistol on his arm and, as he
smoked his pipe, blazed away at the lone man. This shooter
was then elected ac commissioner. e

These sample ca... prove that the sentiment and judge-

ment of the people were dead against land jumpers, even when cit
they were technically right. And that the courts stood in is
against them, when they did not belong to the gang. Indeed, . He
the homebuilders were having such a hard time of it, that one anc
could not be convicted of any crime for killing a man who was ho
trying to rob him of his home or any part of it—even if the

jumper was technically right—unless the homebuilder was be- a

trayed, sold, or given away by his lawyers, and the jury packed
against him. Were it otherwise, the laws and courts would be
worked so, as to rob every homebuilder of his home; for there PP]

is always a technicality, a clerical “error,” or something hidden fun

to be dug up, and sustained by the court, when the mystic sign is rob

given. anc
Condensed from the Press.—‘‘The land sharks are jubilant over [a victory] sate

as it is the commencement of the harvest they expect to gather. But the Ant

settlers on the lands are organized, and any of their creatures whom they

will incite to locate, will be met with a long rope and a short shift. The

Statesman will side with the farmers against both the railroad and the land

jumpers.” toa
“That the ring of land sharks exists in this city [Walla Walla] and the

have no earthly way of making a living, except by blackmailing settlers on may

the public lands, by reason of their knowledge of the land laws and their dare

access to the records of the land office, is an undoubted fact. By black-

mailing the settlers and bulldozing the land officers they keep everybody

in a state of terror. We know, for a fact, of contests being inaugurated Ten

for no other purpose than forcing the original locator to buy the gang off.” ther
‘‘Mr. Arthurs is a native of Tennessee, and is a true and consistent mos

democrat, and it would not be safe for any man to attempt to locate on his

d out,
e for a
ing for
ed the
in the
‘ah for

ictment

1, as he
shooter

| judge-
nn when
tood in
Indeed,
hat one
who was
en if the
was be-

packed
yould be
or there
py hidden

lic sign is

a victory |

But the
hom they
hift. The
1 the land

alla] and
bettlers on
and their
By black-
bvery body
hugurated
gang off.”

onsistent
ate on his

SHANGHAIED TO THE GanG’s BasTILE. 225
domain, even if it be forfeited, for he is one of the many who have sworn,
that no jumper will ever attempt a similar game a second time.”

‘‘Indeed, in all new and sparsely settled sections of this great repub-
lic the law is interpreted to suit the sentiment of the community. If a man
jumps a piece of land, held rightfully by a neighbor, he knows that he is
looking directly into the muzzle of a loaded Winchester, which is liable to
go offany moment. It all depends on the nerve of the injured party. If
the gun does go off, the coroner and his neighbors gather together, talk the
matter over, and render a verdict of justifiable homicide. This is why M—,
who shot and killed young L— last week, is a free and much respected
citizen to-day.”

It is popular also, to shoot down harmless petty thieves,
even in town, when they don't belong to tho gang.

‘*C—, in whose back P— poured a dose of shot, is still alive in the
city jail. Some of the shot lodged in the lungs, and the spine must cer-
tainly be injured. There is little, if any, sympathy expressed for the
wretch, and his death would not increase it. It is well k own that in
nearly every house in the city fire-arms are kept expressly for burglars,
and it is only because people do not wake up quick enough, that more
house breakers are not shot.”

Afterwards.—-‘‘ C—, the burglar, who was so prettily peppered by P-,
a few weeks since, was yesterday sentenced to nine years in the peniten-
tiary.””

A homebuilder knows at the outset enough to calculate on
opposition from home-wreckers ; he also knows that the chief
fundamental principle and object of good government is not to
rob and murder him, but to encourage, uphold, protect, defend
and venerate the true homebuilder; and that this is vouch-
safed and vowed by all civilized governments on the earth.
And he who violates this solemn vow is a traitor and a thief.

Here is a sentiment, that is proudly proclaimed.

“The poorest man may in his own cottage home bid defiance
to all the force of the crown. It may be frail, its roof may shake,
the wind may blow through it, the storms may enter, the rain
may enter,—but the King of England cannot enter! All his forces
dare not cross the threshold! !”

In the spring of 1878, Mr. E — and other charitable breth-
ren located a steam saw-mill a mile from my place, knowing
there would be no accessible water for their use during the
most of the year, except it be at my place. Digging for water
had proved a failure thereabouts, and the settlers were watering
15

em nc tat aA SEN

eens Siegen

SacI TTS semsian, suinnbiameaes

226 DEFENDING MY Lire AND Home.
their stock at and hauling water from my place for domestic
use. This demand with my various herds of stock and others
that were transient, was about equal to the supply of my
springs. Mr. E— was fully informed as to this matter before
he Incated the mill, but turned a deaf ear; evidently having
conspired at the outset to intrigue, tramp or shoot me down,
and jump my place.

The fact that I had earned this part of my home by hard
and persistent toil, had paid for it, and had an undisputed U.
S. Patent for the same, was spurned with charitable (?) con-
tempt, as having such influence at court as would shield them
in murdering justice, law, and the most sacred rights and
cherished feelings of man.

Mr. E— never even asked me to grant him or them any
privilege, whatsoever.

However, when the water at the mill had failed, a neighbor
said to me that he could make some money in supplying the
mill with water, if I would permit him to haul it from my place;
that he would tap the stream some distance below the main
head springs and the fence that enclosed them, run it into a
box, placed over the stream, so as not to interfere with its other
uses, and be subject to my desires as to the same. I agreed to
this, he did as he agreed, and we never disagreed.

In May, also in 1878, I suffered a man to put up a cabin on
a corner of the school-land-tract that I had leased, as before
shown, under the pretext and promise of stopping but a short
time, when the water there would fail, and he would locate and
move his cabin on to some vacant land. He repeatedly declar-
ed that I had befriended him, when in need, as none other
would do, and that “he surely would never make me any
trouble,” etc.

Afterwards, however, he said that he was advised by a
(“charitable”) lawyer, that the law by which such lands were
leased, was invalid, so that he could ignore it, and was en-
couraged by other brethren to stick to this land.

But he could never show wherein this, if true, would give
him any legal or moral right to the same. For, although it was
surveyed land, he could not file on it at the land office, which

Fed wit]

run 0
claim
citize
in all
notor
swore
cries"

C
out te
left hi
me, tc
I shoy
he suc
for on

I
those .
he wo
man o

I
pionee
slung
with b
I was
oratior
manne

my co

—that

| could

court ¢
met, ta
and he
Said ]

domestic
nd others
ly of my
ter before
tly having
me down,

e by hard
isputed U.
le (?) con-
1ield them
ights and

them any

a neighbor
plying the
a my place;
v the main
an it into a
h its other
[ agreed to

a cabin on
l, as before
but a short
locate and
dly declar-
none other
ke me any

ised by a
lands were
hd was en-

would give
ough it was
ffice, which

SHANGHAIED TO THE GANG'S BASTILE. 227

office acquiesced in the leasing of it. He could not even file a».
contest there.

Mr. Jumper was a frequent visitor at the saw-mill.

He was an old hand at the jumping business, and had been
run out of two or more places for trying to kill men for their
claims, so it was said, and was regarded as a hard and desperate
citizen. He threatened my life and property continually and
in all manner of ways, both to me and to others, so that it was
notorious. Boasted of his influence and backing, and openly
swore that he “was like Macbeth,—Damned be he who first
cries hold, enough !”

Once, while I was working on the land, he brought his gun
out to kill or drive me off. There were others present, so he
left his carbine midway and came up, with brag and bluster, to
me, to whip me. He also had a big dagger onhim. But when
I shoved my hand in my pocket, with neither brag or bluster,
he suddenly stepped back, left, and afterwards swore that “but
for one thing he would have shot all of us dead.”

I kept right on my even course, as I had been doing all
those years.

Had there been any law that would reach the gentleman,
he would have been taken care of years before. But he was a
man of linked, secret influence and backing.

I had seen in my school books pictures portraying the
pioneer of a century ago, performing his homage with a musket
slung to his back, to protect him against lurking savages, armed
with bows and tomahawks and crowned with feathers ; but here
I was —like many others, and after a hundred Fourth-of-July
orations and solemn vows—performing my homage in like
manner against a more dangerous, lurking and linked foe, arm-

j ed with improved rifles and gin, and crowned with the flag of

my country.

When Mr. Jumper had thus got better acquainted with me
—that he could not drive me to his terms, and also found he
could make no crack or pretext wherein his lawyer gang and
court could enter a wedge of plunder, we got sociable when we
met, talked the matter over in a friendly way, at various times,
and he gave up the job—and started in to jump another claim.
Said he “did not want to farm any, as that did not pay the

TNE Ae EN Tel PAD lpesneNT I

sei neaanenmeneeee

scene meat ee T RAN REE

228 DEFENDING MY LIFE AND Home.

farmer,” but had claimed my place as a “business venture,”
etc., would not trouble me any more, and would leave the
place. Meanwhile, he was hauling water from my spring.
His object was to drive me to buy him off, or kill me, if he
found that to be practicable, or his backers give the sign,
And other brethren standing ready to take his place, and be
bought off in turn if that plan proved successful.

The man to whom I had given the privilege to haul water
for the saw-mill, quit itafter a month or two; others continued
it for a time without any consent or objection from me, till the
grand worthy master of the saw-mill (whom I had seen parad-
ing the Bible through the streets with his gang) came over
with his force of men and hell, and stealthily put up a big
tank some distance above the other and away from the stream,
on ashy ground that would take in the leakage and overflow,
run pipes from it through my fence to the springs ; took all the
water into his tank, and posted a notice forbidding “ all persons
from taking any water as it belonged to him.” The thief had
jumped the place! sneering and jeering at suggestions of his own
force that he respect my rights.

And, presto! my other jumper springs up and renews his
claim and threats to me, and to others; declared it to be “an
outrage for one man to ownall the land in the country and the
water too,” tore down my fences, etc., swore he would now
settle me with an ounce of lead, etc., etc., boasted that “ they
would make it as hot as hell for me now,” that “he had taken
my school land. E— had taken my pre-emption, and by G—d!
we will soon have a man on your homestead!” And was more
hostile than ever before.

A man who had condemned and opposed the gentleman,
and volunteered to loan me his gun to defend my life against
him, had since been made to understand that he was a secret
sworn brother as was also the worthy grand master, so he now
urged him on and promised him assistance against me. Said
he “ was bound to assist him.”

‘Only the actions of the just,
Smell sweet, and blossom in the dust.”

I courteously protested to the worthy grand master against

ture,”
ve the
spring.
if he
3 sign,
and be

| water
tinued
till the
parad-
1e over
. @ big
stream,
rerflow,
all the
persons
ef had
his own

pws his
be “an
And the
ld now
“ they
taken
G—d!

s more

leman,
gainst
secret
e now

Said

SHANGHAIED TO THE GaNna’s BasTILE. 229
depriving me, as well as others, of “even water for domestic
use!” and this, too, without ever asking me for any, to which
he replied with grinning contempt, “Ifyou want any water dig
for it!” forbid me interfering with his grasp on it, or stand in
his way, or “he would whip me, would fix me by helping the
other jumper to get away with my school land,” that “the
place was not mine, and he would prosecute me in the courts
of justice (?) for $40 or $50 a day for every day the mill was
idle,” etc., ete.

After the water had been shut off from the people long
enough for them to feel it well, and the jumping of it had be-
come notorious, in spite of the lying, thieving gang to blind the
facts, and I had examined my patent and the numbers closely,
to see whether I really did own the place against such a bold,
brazen and boisterous claim of the worthy grand master, then
I tore the water pipes up, re-possessed and held my own
against the gang of lying thieves, till they were re-enforced by
the Government they prostitute to murder and ravage, against
which “all wisdom, all virtue, all courage, are vain.”

‘But truth sha!) conquer at the last,
For round and round we run,

And ever the right comes uppermost,
And ever is justice done.”

The worthy grand master graded an expensive road to a
spring in a deep ravine, moved his water tank from my place
to it when it went dry, as he had been informed it would be-
fore he located his mill.

He then made another road to the deeply embedded Pataha
creek ; this not being very practicable either, he got a secret
ring brother interested to go to buy the same water privilege I
had freely given my neighbor at the outset, and which he him-
self had, till he jumped the whole stream and violated every
principle of truth, justice and decency towards his benefactor.
Indeed, I refused an offer of $150 for but four months use of
the same water privilege I accorded him without charge. There
was a good vacant stock range on the school section, and back
of it in the mountain, but it was quite destitute of accessible
water. It was to utilize this range that an owner of a large

230 DEFENDING MY LIFE AND Home.

herd offered me $150 that I refused, to simply accommodate
the charitable mason.

August 22, 1878, I started from the house with a load of
wheat to sow my breaking on the school land part of my now
envied home, accompanied by two mounted men to assist me
(of late years I had sown all my grain on horseback).

Others were afraid to go with me as they might get hit
when I was being “ shot out of the field,” as Jumper had sworn
he would do, if I undertook to sow the ground (but a peace
officer had declined to interfere, advising me to “ be prepared
to defend myself against him, and thus work the land.”) But
these two men were on friendly terms with Jumper, aud ther::-
fore not considered in danger, though there was something
said in jest about “ drinking gunpowder” as we started. We
had proceeded but a few rods when we met the “secret ring
brother from the saw-mill ;” stated his business, when I invited
him to go along up to the field and we would talk about the
water matter on the way.

We stopped at one end of the breaking opposite Jumper’s
cabin when I handed my two men each a one-half sack of
wheat on their horses, and they struck out to sow and soon
separated. I was mounting with a sack myself—having just
made the ring brother mad by refusing his request for water —
when he exclaimed, “ There comes [Jumper] now with a gun.”

Sure enough, he was coming as a desperado with his cocked
carbine in both hands to take the place, and was about to meet
one of my men. [I said, “ Come let us go out and see what he is
going to do with it.”

“IT dovt care a damn what he does with it !”” was the reply.
I struck out and joined the man at his work, (and a man, who
was living with Jumper and had followed him out of the house,
passed by us and joined the secret ring brother at my wagon.)

Jumper, with his cocked carbine in both hands and finger
on the trigger, closely followed us around, rolling out a tirade
of boisterous, bullying profanity and threats, fired with gin,
trying to drive us out of the field, I having nothing but my
cocked pistol in hand for defense; whenever he would bring
the muzzle of his gun at me, I was always a little ahead with
my pistol at him, he wanted a close dead shot, and tried several

odate

ad of
r now
ist me

ret hit
sworn
peace
ypared
| But
therv-
ething
. We
ot ring
invited
put the

mper’s
sack of
soon
g just
yater —
umn.”
cocked
o meet

t he is

reply.
hn, who
house,

finger
tirade
h gin,
ut my
bring
with
peveral

SHANGHAIED TO THE Gana’s BastILe. 231
times to get it; once he aimed at my companion, when he
threw up his arms and brushed down his sides, saying, “Don’t
point your gun at me, you see I am not armed!” and exhorted
him to “quit now, that he knew I would die rather than be
driven out of my own,” and after thus following us around, he
did quit, evidently having given up the job.

But he went and had a lengthy conference with the secre‘
brother and other friend at my wagon. (I had less dread of
dying in such a cause than desire to live by its sacrifice, and
when my time comes let it be in such a fight.) My companion
not being used to sow grain in this way, I continued to ride
close with him to teach him, when Jumper, from the ever after
secret conference with the ring brother, came tearing and boiling
with venom—hunting my life! telling my other hand on the
way to “leave the field as a friend, for there is going to be trouble.”
(My companion says, “look out for him now!” TI thought I
could throw myself on the side of my horse for protection as
readily as I often picked my hat from the ground.) Coming on
with blood-shot eyes, and with the most horrid, wicked, flam-
ing look ever seen in the visage of man, overtakes, heads us
off, belches out at the end of a stream of profanity, “turn back !
leave the field ! and don’t come back nary time! I will fix you! and
then J will kill you!” as he blazed away—twice, I returning
the fire in rapid succession.

My first and his second shot were fired together, thus
making a louder report than any other.

My horse flaring and me dodging kept me from shooting
at the first shot, and as my companion also dropped down on
his saddle, I, as well as Jumper, thought he was hit—though,
of course, shooting at me; quickly re-loading with the lever,
and stepping up closer and more to the side, so as to aim be-
hind my companion at me, he quickly fired again saving, “I
will kill you!” but at the same instant my companion, reaching
back, struck down the muzzle, so the charge crashed into
the rump of his horse—ranging downward and diagonally
toward me, I emptying my pistol into him in about five
seconds. My four bullets ranging downward, thus stopping
him from emptying his filled magazine into me, though he still
had strength enough for a terrific, sanguinary struggle—that

eo TENN Mi NNTP mn
aieecaemennt - er — =< =

232 DEFENDING MY Lire AND Homer.

followed my shots—for control of the gun. My co. anion
having gripped it as he struck it down. Jumper thus jerked
him off his sinking horse, clubbed him against the head with
the gun breech, and dragged him forty feet over the ground, so
that it took another man to control it, just as he had got it re-
loaded and cocked again.

Then Jumper went to his house, boasted that “he had shot
my companion as well as me,” and in 12 hours died, but neither
of us was shot.

The “secret ring brother” and companion run away (from
the wagon) at the onset of the fight, reporting that I was shot.

A neighbor at a distance on hearing the carbine shots
exclaimed, “ there / France is shot !”

The foregoing is not only a true account of the fight, etc.,
and prelude to it, but the facts as stated were so transparent,
evident, consistent withal, and susceptible of positive, certain proof,
that it should carry conviction to every mind, for there was no
hinge or loop to hang an honest doubt upon, and any one
swearing to the contrary, or diversely, would gain intelli-
gent, honest belief, would be a self-convicted, perjur +, and,
if given justice, would be punished accordingly. No one but a
thief ever has or will dispute this—such as are liars and
thieves of the first magnitude.

Inventions of the enemy :

“ Where logic is inverted and wrong is called right.”

“Where honor is lost and valor fled,
And all her virtues numbered. with the dead !’

I neglected to swear out a complaint against the secret
ring brother & Co., (who will be known in my epitome, Chap-
ter XVIII, as the “Distant and officious witness”) when,
presto! he swore out one against me, charging me with
murder! And his companion at the wagon was suppressed,
and then spirited away, for he wanted to tell the truth. And
other secret brethren—including some who were on friendly
and sociable terms with me just before (though not all such)—
now whipped into line, snapped and snarled, conspized, in-
trigued, and wickedly lied and swore to stab me down, to wring
and suck my heart’s blood in revenge for their Danite, and to

_-

anion
jerked
1 with
ind, so
, it re-

shot
either

- (from
s shot.
. shots

it, etc,
parent,
v proof,
was no
ny one
intelli-

*, and,
e but a
rs and

Pay
Per
( Al

DEFENDING MY LiFe AND Home.

4

Lei getepur ’

is ia agape ee lie ata pee terns

234 DEFENDING MY LIFE AND Homm.

praise and venerate their dead brother-assassin, home ravager,
and ravisher /

‘ And if by this meaus we further our cause

The private assassin deserves our applause.”

The day before the fight, Mrs. E—— repelled the charita-
ble and to be venerated Danite brother from her bed and
house with a pistol, while struggling to ravish her! And the
very day of our fight her husband started out with a gun to
kill this to be sarctified saint, for his brutal attempt.

‘* With the cloak of the Bible their prostitution to veil,
The Devil’s a saint till he shows us his tail.”

Certainly, none of them ever swore or said anything against
me but what could be shattered by its own rottenness alone, as
well as by their slimy characters. Certainly, there was no man
or woman, that was not a thief at heart, that did not rejoice
that the to be sanctified saint of these Mormons was dead.

His own brother-in-law said, that “he ought to have been
killed years before for his crimes!”

But what could Jdo? What could anybody do? When
thrown into prison without any hearing ; forced to employ and
trust black-leg shysters, who are secret sworn brethren to the
enemy, stand in to keep you in prison for witnesses to be
falsely held, tortured, tampered with and spirited away, and
a jury selected by secret brethren; and you are stabbed and
bled at every pore, and your ruin fixed! Practisos every kind
of deception, treason and cruelty known to the villainous,
slimy trade, destroys correct and indisputable diagrams of the
scenes of strife, and rejects the measurement of the ground at
the last minute !

Assured by them that you have “done nothing,” and will
be freed with a trial, and you fear no danger, for you know no
guilt.

But can never get any trial, or freedom, or even a hearing.
“That keep the words of promise to our ear, and break it to
our hope. Told me such things—oh! with such devilish art.”
That squelches alike the bad character of the secret brother,
and that of your own that was good from childhood. Also
sixty per cent. of your witnesses and sixty per cent. of valuable

ha
ab
ma
be

ravager,

charita-
bed and
And the

, gun to

g against
alone, as
3 no man
i rejoice
lead.

ave been

? When
hploy and
en to the
BeS to be
pway, and
bbed and
very kind
illainous,
ms of the
pround at

and will
know no

hearing.
eak it to
lish art.”
brother,
d. Also
valuable

SNANGHAIED TO THE Gana’s BASTILE. 235

facts known to the remainder, and endeavors to squelch your
own evidence entirely as “ unnecessary.” And when a court and
executive are but servile tools of such a hideous, grimly, slimy,
midnight Mormon gang, who recognizes no such thing as right
or wrong, heart or conscience, justice or humanity !

‘Ts this then,” thought the youth, ‘is this the way
To free man’s spirit from the deadening sway

Of worldly sloth—to teach him while he lives,

To know no bliss but that which virtue gives ?”

‘¢Oh, that a dream so sweet so long enjoy’d,
Should be so sadly, cruelly destroy’d !
His faith was bartered and the crime was done.”—Aoore.

How TRIALS OF THE BRETHREN ARE MANAGED, ETC.

B ’s trial for shooting an unarmed man (S ) down in the
street, ‘Evidence was introduced to show that S was
quarrelsome, and had been involved in several rows elsewhere.”

[Sueh evidence was squelched in my case. ]

Another sample case.—“ One hundred and thirty-six ques-
tions of fact were propounded to the jury, and which they
struegled with until they answered them.

‘No questions were asked the jury in my case, nor did any
of the jury ask any questions.| “Tie argument of counsel occu-
pied about eighteen hours, one of the counsel occupied nearly
half that time in opening the argument.” [In my case my
counsel (?) talked about fifteen minutes, but my case was never
opened, presented, plead, or argued at all. |

‘Virtue distressed” could get no protection here.

‘And shall no curse for perjury be paid?
No vengeance vindicate the friend betrayed?”
Another sample case.—“ The jury returned to ask ‘If a man
had a deadly weapon in his hand, and another thought he was
about to use it against him, and siiot the former : Would it be

manslaughter or murder?’ The Judge replied that it would
be ueither.”

‘Bat say, vain trifler, must thy years be told,
What bliss is centred in another’s gold?

Let angry Heaven durt

Its forked lightning through your guilty heart.”

236 DEFENDING MY LIFE AND Home.

In another case the Chief Justice of Washington Territory
charged the jury as follows:

“The law is, that if a person, or his family, or his friends,
are assailed or approached in such a way and under such cir-
cumstances as to induce in him a reasonable belief that he or
they are in imminent danger of unlawfully loosing life or suf-
fering great bodily harm, or being driven from his dwelling, or
that his dwelling is in imminent danger of being unlawfully
entered or destroyed, or seriously injured, he will be justified
or excused in defending himself, or his family, or his friends,
or his dwelling, as the case may be, although as a matter of
fact he be mistaken as to the actual extent of the danger, or
the danger be not real, but only apparent. Of course, it makes
no difference under this law whether the dwelling endangered
or in question is a Chinese tent or a \hite man’s building,
You are instructed that evidence of good character is compe-
tent in favor of a party accused, as tending to show that he
would not be likely to commit the crime alleged against him,
and in doubtful cases, evidence of previous good character is
entitled to great weight in favor of innocence. And if, from
the evidence, you find that any fact necessary to establish the
defendant’s guilt of any grade of crime is in doubt, then, if the
prisoner has, by evidence, satisfied you that he was up to the
time the offense is alleged to have been committed, a man of
good character, the presumption of law is that the supposed
crime is so inconsistent with the former life and character of
the defendant that he could not have intended to do the crim-
inal act, and it would be your duty to give the defendant your
benefit of the presumption, and acquit him. All killing of man-
kind is unlawful except such as happens from mere accident
or mistake, or is done in obedience to public duty, or ia lawful
defense of person, habitation, or property.”

‘ Of the wealth of mankind they all seize a share,
And riot alike in the spoils of the fair.”

Sec. 778 of the Territorial Code says, ‘‘That all person. accused of
crime in any court of this territory, whether by indictment or otherwise,
shall be admitted to bail by the court, where the same is pending, or by a
judge 1m vacation, when it shall appear to the court or judge, that the ac-
cused has offered to go to trial in good faith, and without collusion with

erritory

friends,
uch cir-
ut he or
. or suf-
lling, or
lawfully
justified
friends,
atter of
nger, Or
it makes
langered
nuilding.
; compe-
that he
nst him,
racter is
if, from
lish the
bn, if the
p to the
man of
upposed
acter of
he crim-
pnt your
of man-
accident
a lawful

lecused of
btherwise,
br, or by a
at the ac-
sion with

SHANGHAIED TO THE GANG'S BasTILeE. 237

witnesses, and has been denied a trial by the court. ..... and the bail
bond in such cases shall be reasonable and at the sound discretion of the
court.

Yet 1 was held to languish in jail nearly ten months, always
begging for a trial or hearing, and was less prepared every day it
was delayed. And the Judge offered to grant it forthwith, and
yet I could never get any hearing or trial, for when the thing did
at last come off it was fixed and managed so that it was a
traitorous job, and not a trial at all. Nor could I get rid of the
shysters, when I found them out, or attend to my case my-
self, as I tried so hard to do.

Any one, who denies any of this, is a liar, a thief and a cur!
“Man, false man, smiling, destructive man! ”

“ Distinction neat and nice which lie between
The poisoned chalice and the stab unseen.”

“Oh, ’twas too much—too dreadful to endure !” .

Asample of a Judge’s charge in behalf of a mason, even when
the public sentiment was so bitter against him that a guard
had to be stationed at the jail to keep him from being lynched
in daylight, till sent out of the County. The officials who se-
lected the jury being secret sworn brethren, of course, he was to
be ucquitted anyway. However, the Court said, as is usual for
the brethren :

‘In order to convict him of the crime alleged in the indictment or of
any lesser crime included in it, every material fact necessary to constitute
such crime, must be proved beyond all reasonable doubt, as defined in
these instructions.

‘And if you entertain any such reasonable doubt upon any single fact
or element necessary to constitute the crime, then the prisoner 1s entitled
to the benefit of such doubt, and it is your sworn duty to find a verdict of
acquittal.

“The defendant is entitled to every presumption of innocence com-
patible with the evidence in the case, and if it is possible to account for
the killing of the dcveased upon any other reasonable hypothesis than that
of the guilt of the defendant, it is your duty to acquit him.

‘There is evidence in this case tending to show, that the killing was
in self-defense by the defendant, and was an excusable or justifiable homi-
cide, I therefore instruct you upon the doctrine of self-defense and justi-
fiable homicide, as follows:

t
\
|}
5
i
a

238 DEFENDING MY Lire AND Home.

‘‘Where an assault, threatening instant and great bodily harm is made
upon one in a place where he has a right to be, he is not obliged to retreat,
but may stand his ground and use all force reasonably necessary to repel
the assault and relieve himself from thedanger. S—, if soassailed, is excus-
able, if he acted according to the circumstances as they appeared to him.
[The other man was not armed.] And, if he, acting honestly upon such
appearance, did no more than it was reasonable for him to believe necessary
for his defense, he is excusable for all consequences of his acts.

‘Or, if S—, from the circumstances as they appeared to him at the
time of shooting, had good reason to believe, and did believe, that D— was
about to assault him, and if, under such appearances, it was a reasonable
measure to adopt, to prevent a collision, to exhibit the pistol, and the pis-
tol was accordingly exhibited, not with intent to assault D— but as an
honest act of precaution, to insure his own safety by intimidating D—, or
by having it ready in case of an assault upon himself, and thereupon D—
assaulted S— with such violence as reasonably to induce S— to believe
himself in danger of his life or great bodily harm, and S—, so believing,
shot D—, then S— is excusable and should be acquitted of every grade of
crime. S—, acting excusably upon circumstances as they appeared to him,
would not be less excusable if it afterwards turned out, or not appears to
you, that the appearances were deceitful and that he was actually mistaken
as to the reality, extent or character of the danger.

“It is also your province and your duty to take into consideration the
general character of the deceased, as a violent, quarrelsome and bad man,
at and immediately before the time of the homicide, so far as the same is
shown by the evidence offered in the case, if you believe the same is shown
by the evidence to have been known to the defendant, at the time of the
killing.

‘*So also, any threats made by the deceased against the prisoner im-
mediately before the homicide, that were known to the prisoner at the time
of the occurrence, should be considered by you when discussing and pass-
ing upon the right of the prisoner to act upon appearances.”

Another Judge in another case “advised the jury that the
accused should receive the benefit of his record and good
character previously.”

SELF-DEFENSE.

When and how a man can slay another and have the law on his side.

A well-known judge said to a reporter one day recently : ‘‘It woud be
interesting to show what constitutes the right of self-defense as laid down
in the law books, The right of self-defense is founded on the law of nature,
and is not superseded by the laws of society, It is a right which every
one brings into society, and retains in society, except so far as the laws of
society have curtailed it. Every man has a right to defend himself against

an at
cence

does

stance
law a
circur

e
threat
a persi
assaile
exerci:
the we
to the
theref
retrea'
of dan

Lis
necess
ing as
possit
is pre
assaul
retrea
in gor
killing
and s!

That.

is made
retreat,
to repel
iS EXCUus-
to him,
on such
ecessary

m at the
D— was
wonable
the pis-
ut as an
D—, or
on D—
» believe
slieving,
oracde of
to him,
pears to
nistaken

tion the
vd man,
same is
s shown
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mer im-
he time
d_ pass-

at the
good

hide,

youd be
d down
nature,
h every
laws of
against

SHANCHAIED TO THE Gana’s BASTILE. 239

an attack threatening him with death or serious bodily harm, and his inno-
cence will be presumed until his guilt is established beyond a reasonable
doubt. ‘The right is based on necessity, and arises where one manifestly
intends and endeavors, by violence or surprise, to commit a known felony
on the person, habitation or property of another. It is a defense against a
present unlawful attack; as where an assault is made with a deadly weapon,
or where one is assaulted in his habitation, or where a forcible felony is at-
tempted. The law of self-defense does not require one, whose life has been
threatened, to seek the protection of the law; nor is he obliged first to call
on the authorities, The omission to seek protection from the authorities
does not deprive him of the protection of the law, or of his rights of self-
defense.

‘The right of self-defense is not limited to the actual danger threaten-
el, The danger of death or great bodily harm must be either real, or be
honestly believed at the time, to be imminent and on sufficient grounds,
A reasonable apprehension of danger is sufficient; and a reasonable ground
for belief that there is a design to destroy life, to rob, or commit a felony;
a reasonable and well-grounded belief, a belief arising from appearances
that the danger is actual and imminent. Guilt must depend on the circum-
stances as they appeared to him. Apparent danger is a mixed question of
law and fact. A man is justified in acting for his defense according to the
circumstances as they appear to him.

“The law of self-defense does not require one whose life has been
threatened to leave his house or to secrete himself to avoid his foe. When
a person without fault—in a place where he has a right to be—is violently
assailed, he may, without retreating, repel force by force, in the reasonable
exercise of his right of self-defense. He is not obliged to retreat or go to
tle wall from an assailant armed with a deadly weapon, and if he is driven
to the wall so that he must be killed or sustain great bodily harm, and,
therefore, kills his assailant it is excusable homicide. He is not obliged to
retreat, but may pursue until he is out of danger, and may kill to get out
of danger; but when the attack is not felonious the rule of law is different.

“A man is not required to do everything in his power to avoid the
necessity of slaying his assailant. Where there is no escape, after retreat-
ing as far as possible, killing will be justifiable, so where retreat is im-
possible or perilous, or would increase the danger, or where further retreat
is prevented by some impediment, or was as far as the fierceness of the
assault permitted. Butif the assaulted party is in fault, he is bound to
retreat as far as he can safely do so; he is required to decline the combat
in good faith, and if he uses all the means in his power to escape, even
killing in self-defense is lawful. But if a man seeks to bring on a difficulty
and slays his adversary he can not avail himself of the plea of self-defense.
That a party has been struck gives him no right to retaliate by an assault.

“An act done from necessity raises no presumption of a criminal in-
tent; but the necessity must be actual, imminent, and apparent, with no

oo nee cans

<< hanes

‘|
a
;
6.
‘

]

240 DEFENDING MY LiFe AND Home.

other probable or possible means of escape. It must be great, and must
arise from imminent peril to life or limb. Men, when threatened with
danger, must determine the necessity of resorting to self-defense, and they
will not be held responsible for a mistake in the extent of the actual danger,
nor be subject to the peril of making that guilty, if appearances prove
false, which would be innocent if they proved true. There must be at least
an apparent necessity, an actual necessity, or a reasonable belief of such
necessity, to ward off some impending harm. Necessity is a defense when
the act charged was done to avoid irreparable evil, from which there was
no other adequate means of escape, and the remedy was not disproportion-
ate to the threathened evil; and the necessity must not have been created
by the fault of him who pleads it, nor be occasioned by him, nor be the
result of his own culpability, nor be rashly rushed into; and in cases of
assault or intrusion by strangers no more force than is necessary must be
used in repelling the assault.

“The right of self-defense does not include the right of retribution.
A party assaulted is justified in using such force as is necessary to repel an
assailant, but no more, and if unnecessary force is used he becomes the
assailant, The degree of force must not exceed the bounds of defense and
prevention, and this depends on the circumstances of each case, and the
condition of both parties may be considered. A party in possession of
property may use force sufficient to protect it. Whether a man is justified
in employing in the first instance such means of resistance as will produce
death, depends on the circumstances and the nature of the attack, and he
may not always use a deadly weapon, and it is still further wrong if it is a
concealed weapon. But if the taking of life is necessary it will be excus-
able. It is always excusable when in defense of life, yet it requires a great
disparity of size and strength and a very violent attack to excuse the taking
of life. A party may use whatever force is necessary to avert the apparent
danger, although it may afterward appear that the gun was not loaded,
and that there was no real danger.” —Jiowisville Commerciul.

“ He jests at scars, that never felt a wound.”

“And now one cannot but complain here of fortune as
still envious of virtue, and hindering the performance of glori-
ous achievements ; this was the case of the man before us,
when he had just attained his purpose, for he then stumbled
at a certain large stone and fell innocently into the hends and
power of felons, robbers, perjurers, and thieves.” — History.

Sec. 956 of the Washington Territory Code says: ‘‘No distinction shall
exist between an accessory before the fact and a principal, or between
principals in the first and second degree and all persons concerned in the
commission of an offense, whether they directly counsel the act constitut-

ing the offense, or counsel, aid and abet in its commission, though not
present, shall hereafter be indicted, tried and punished as principals.”

con
the
to t.
for
wou

of th

me |
leade

poens

y
You «

}

their .

Se
Cessory
ed, wh
viously
jurisdic
person
feloney

¥
day.

Sec,
fendant
Tr
the jur
shyste
Th
used all
to selec

d must
24 with
nd they
danger,
33 prove
at least
of such
se When
ere Was
yportion-
1 created
wr be the
cases of
‘must be

tribution.
» repel an
2omes the
fense and
», and the
ssession of
is justified
ll produce
k, and he
gif itis a
be excus-
es a great
the taking
e apparent
ot loaded,

brtune as
of glori-
efore us,
ktumbled
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ction shall
by between
med in the
constitut-
ough not
ipa er?

SHANGHAIED TO THE GANG'S BASTILE. 241

Yet none of those who “ counseled, aided and abetted” my
conduct were found guilty of any crime, not even the justice of
the peace, under whose direct advice (the day before) I acted
to the letter. And he offered to and did loan me the very seed
for the very same stated purpose I was sowing at the fight, (as I
would not thresh till late in the fall) and he knew every phase
of the case.

But after the fight confessed (like the brother that loaned
me his pistol) that he “would have to do just as the |black-ley
leader of the linked mob] said.”

As hard as I tried, I could not get even this witness sub-
poenaed to testify at—what was called— my trial (?).

And I “ must not tell of any of these villainies or die,’ must I?
You damned, cowardly midnight assassins, traitors and thieves.

Nor were any of those who “ counseled, aided und abetted”
their Danite Jumper molested at all.

Sec. 958 of the Code says: ‘‘Every person who shall become an ac-
cessory after the fact to any felony may be indicted, convicted and punish-
ed, whether the principal felon shall or shall not have been convicted pre-
viously, or shall or shall xot be amendable to justice by any court having
jurisdiction to try the principal felon and either in the county where such
person shall become an accessory, or in the county where such (principal)
feloney shall have been committed.”

Yet none cf the sworn, slimy gang have been molested to this
day.
“Oh ! ’tis not, Hinda, in the power
Of fancy’s most terrific touch
To paint thy pangs in that dread hour—
Thy silent agony—’twas such
As those who feel could paint too well,
But none e’er felt and lived to tell !”— Moore.
Sec. 1079 of Code says: ‘In prosecution for capital offenses, the de-
fendant may challenge peremptorily twelve (12) jurors,”

I was not permitted to know or to find out anything about
the jury so as to challenge anybody. Was forced to trust to
shysters who were masons and odd-fellows themselves.

The prosecution (if you know which side I mean by that)
used all of their challenges, and had a servile gin-soaked mason
to select others.

16

SFT ORT THO RENEE

RO Ps Ann ee eee

ARE AEE LONNIE EEC ON ES eA seis aaah

242, DEFENDING MY LiFE AND Home.

‘‘Yes—if there be some happier sphere
Where fadeless truth like ours is dear:—
If there be any land of rest

For those who love and ne’er forget.”

‘And must I leave thee withering here,
The sport of every ruffians tread,
The mark for every coward’s spear? ”’— Moore.

Sec. 1082 of Code says :— ‘‘ Challenges for cause shall be allowed for
such cause asthe court may, in its discretion, deem sufficient, having refer-
ence to the causes of challenge prescribed in civil cases, as far as they may
be applicable and to the substantial rights of the defendant.”

Yet there were no challenges for cause made in my ease,
and both masons and odd-fellows sat on the jury.

“Tt is not easy for those who have not suffered wrong from
this cause to conceive the depth of indignation and bitterness
of dismay which an honest and truthful man feels, on finding
himself defeated in a righteous cause, sworn out of court, out
of money and even reputation, andl placed in an utterly false,
invidious and unmerited position by placid, habitual, reputable,
unflinching perjurers. He had ielied upon the sanctity which
the tender conscience attaches to an oath, for all he requires
for his vindication is merely the admission of the simple truth.
But the consciences to which he appeals are seared by the
practice of hypocrisy and falsehood, and looking upon an aff-
davit, oral or written, merely as a convenient weapon of legal
warfare, to be used with regard not to truth, but to expediency,
he becomes the victim of his own trust in others’ inviolable
veneration for an oath.

If the best cause is thus liable to be overthrown, and the
aims of justice frustrated by the overreaching of perjury, the
question is forced upon us: Is this vice to be allowed to tri-
umph over and to trample trusting uprightness under foot?”

‘The bud bit with an envious worm,
Ere he can. spread his sweet leaves to the air.”

“ All things else that have any strength are mortal and
short-lived ; but truth is a thing that is immortal and eternal.
It affords us not, indeed, such a beauty as will whither away
by time, nor such riches as may be taken away by fortune, but

2d for
refer-
y may

case,

y from
ress
nding
rt, out
7 false,
utable,
which
quires
truth.
by the
An affi-
f legal
iency;,

iolable

nd the
ry, the
to tri-
foot?”

al and
bternal.
rf away
ne, but

SHANGHAIED TO THE GANG’s BASsTILE. 243

righteous rules and laws. It distinguishes thera from injustice
and puts what is unrighteous to rebuke.”

“Good men then will greet it with a smile.”

Sec. 1105 of Code says: As to causes for new trials or arrest of judg-
ment. ‘Application must be made before judgment and may be granted
for the following causes—For newly discovered evidence material for the
defendant, which he could not have discovered with reasonable diligence
and produced at trial. Accident or surprise...... Misdirection of
jury by court in a material matter of law, excepted to at the time. When
the verdict is contrary to law and evidence, Exceptions may be taken by
the defendant, as in civil cases, on any matter of law by which his sub-
stantial rights are prejudiced.”

Samples have been given of the material and vital evidence
which I could not produce at that time on account of traitor-
ous duress and being forced to trust to the shysters. And the
verdict was so plainly contrary to law, and the evidence, even
as it was, that after the verdict of murder in the second degree
was rendered (and a ten year’s sentence) I demanded of the
foreman of the packed jury to know on “ what point, or on
what ground, or on what evidence they found their verdict? ”
And he could not give any; said he, “if I had not shot so often
they could not have made anything out of it.”

And this when it was established that the danger was
apparent, believed, and real, even after I had done shooting. (See
Epitome to the Governor, Chapter XVIII )

And, certainly, my “substantial rights were prejudiced” by
such a job and verdict.

“How many warm friends turn cold and clammy when aman
is in trouble ?”

As to “ Accident or Surprise.” Was not the whole outrage an
“accident” to me?

What can a victim do in his own behalf when held down in
jail, and the officials belong to the secret government and gang,
first, last, and all the time. And even spy and rifle his correspon-
dence !—lawless as such conduct is—and stand in with the shys-
ters and gang, to deceive, harrass and bleed him at every pore!

Two witnesses had been thrown and held in jail on a false
charge, and, without a hearing, tormented and frightened till they

i

EN en ee ee
abe

SEALS SLT AT a I

on AE IRS BIN ccs (cee

pee

244 DEFENDING MY LIFE AND Home.

would swear that Jumper’s carbine was pointed at my near (un-
armed) companion, and not at me when he fired.

It required three or four months of this treasonable treat-
ment and management, intrigue and cruelty to bring one of them to
terms and six months longer to fix the other. And they were held and
tormented and frightened, and my trial (?) delayed accordingly, while I
was pleading and begging for a trial /

“Wisdom and truth may seek to convince, or eloquence to
charm, but only one influence can be built upon as certain—the
magnetic attraction of superior villainy.”

‘*T saw those friends in fruitless sorrow mourn,
From mirth, society, subsistence torn,”

One of my (?) shysters told me at the onset of my “ trial ”
that one of these witnesses “still stated to him the very same
accountof the fight that he had to him and toso many others all
the time from the fight, and that it still agreed with my own as
to every point.” And that he “ knew nothing to the contrary as
to the other,” adding that “ You will soon go home now.” And
neither I nor my friends knew of the success of this trick till it
was sprung on the stand.

How is that for a “Surprise,” and another reason for a
new trial? And when it could easily be proven that one had
even made an affidavit to the truth, as I have given it before,
and the other had told the truth so often to others—including
his wife—that she did not know that he had ever said anything to
thecontrary till years afterwards, and tothis day (1889) he ridicules
the idea that Jumper was trying to kill anyone but me, and a week
ago said that “ neither he nor anyone else, as far as he knw, ever
believed to the contrary.”

But even had the jury believed it, the idea of its being
murder for defending a friend’s life against such an animal and
under such circumstances !

The English and Indian languages are too barren of
epithets, and hell is too mild to do such gentlemen justice !

On my “gentlemen of the bar” refusing to move for a new
trial, I was doing so myself when—as usual—I was beat down
by their plea to the court in opposition—‘“ that they had coun-
ciled with the other members of the bar and found that it would
not be to their client's interest to have a new trial.”

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SHANGHAIED TO THE GANG’S BASTILE.

“Each star of hope that cheer’d him on—
His glories lost—his caus b: trayed,”

‘And though his life has pass’d away,

Like lightning on a stormy day.

Yet shall his death-hour leave a track

Of glory, permanent and bright,

To which the brave of after-times,

The suffering brave, shall long look back

With proud regret—and by its light

Watch through the hours of slavery’s night

For vengeance on the oppressor’s crimes! ’’—Joore.

“He has retired, it is true, but his ambition, though seem-
ingly smothered, still burns within, and his principles are un-
altered.”

SON DA Ra taRINE Ue

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