"And do you mean," asked Broderick, "that these men will take the lawinto their own hands; that they'll apprehend so-called criminals andpresume to mete out punishment according to their own ideas of justice?"
"I mean just that," returned Benito.
"Why--it's extraordinary," Broderick objected. "It's mob law--organizedbanditti."
"You'll find it nothing of the sort," cried Windham hotly.
"How can it be otherwise?' asked Broderick. What's to prevent rascalstaking advantage of such a movement--running it to suit themselves?They're much cleverer than honest, men; more powerful.... Else do youthink I'd use my political machine? No, no, Benito, this isfarce--disaster."
"Read this, then," urged Benito, and he thrust into the other's hand alist of some two hundred names. Broderick perused it with growinggravity. It represented the flower of San Francisco's business andprofessional aristocracy, men of all political creeds, religious, socialaffiliations.
* * * * *
A few days afterward Broderick conferred with his lieutenants. Word wentforth that he had cut his leading strings to city politics. Rumors of astorm were in the air. When it would break no one could say withcertainty. The Committee of Vigilance had quietly established quarterson Battery street near Pine, where several secret meetings had been heldand officers elected. These were not made known. Members were designatedby numerals instead of names. Some said they wore masks but this was anunproven rumor.
Broderick, brooding on these things one afternoon, was suddenly aware ofmany people running. He descried a man hastening down Long Wharf towardthe bay. "Stop thief!" some one shouted. Others took it up. Broderickfound himself running, too, over the loose boards of the wharf, inpursuit of the fleeing figure. The fugitive ran rapidly, despite a largeburden slung over his shoulder. Presently he disappeared from view. Butsoon they glimpsed him in a boat, rowing lustily away.
A dozen boats set out in chase. Shots rang out. "He's thrown his bundlein the water," someone cried. "He's diving," called another. A silence,then "We've got him," came a hail exultingly.
Ere long a dripping figure surrounded by half a dozen captors, wasbrought upon the wharf. "He stole a safe from Virgin & Co.," Broderickwas told. "The Vigilantes have him. They'll hang him probably. Comealong and see the show."
"But where are the police?" asked Broderick. The man laughedcontemptuously. "Where they always are--asleep," he answered, andwent on.
Others brought the news that John Jenkins, an Australian convict, wasthe prisoner. He had several times escaped the clutches of the "law." Heseemed to treat the whole proceeding as a bit of horseplay, jokingprofanely with his captors, boasting of his crimes.
At 10 o'clock the Monumental fire bell struck several deep-toned notesand fifteen minutes later eighty members of the Vigilance Committee hadassembled. The door was locked. A constable from the police departmentknocked upon it long without avail. Everything was very still about thebuilding; even the crowd which gathered there to await developmentsconversed in whispers.
At midnight several cloaked forms emerged, walking rapidly up thestreet. Then the California fire engine bell began to toll. James Kingof William, a local banker, leaving Vigilante quarters almost collidedwith Broderick. "What does that mean?" the latter asked; he pointed tothe tolling bell.
"It means," King answered, solemnly, "that Jenkins is condemned todeath. He'll be executed on the Plaza in an hour."
CHAPTER XXXIV
THE HANGING OF JENKINS
Mayor Brenham pushed his way forward. "Did I understand you rightly, Mr.King?" he questioned. "This committee means to lynch a man--tomurder him?"
King turned upon him fiery-eyed. "I might accuse you of a hundredmurders, sir, with much more justice. Where are your police when ourcitizens are slain? What are your courts but strongholds of politicaliniquity?" He raised his arm and with a dramatic gesture, pointed towardthe city hall. "Go, Mayor Brenham, rouse your jackals of pretendedlaw.... The people have risen. At the Plaza in an hour you shall seewhat Justice means."
Several voices cheered. Brenham, overwhelmed, inarticulate before thisoutburst, turned and strode away. Broderick walked on thoughtfully. Itwas evident that the people were aroused past curbing. As he neared thecity hall, Constable Charles Elleard approached him anxiously.
"There's going to be trouble, isn't there?" he asked. "What shall we do?We've less than a hundred men, Mr. Broderick. Perhaps we could getfifty more."
"Whatever happens, don't use firearms," Broderick cautioned. "One shotwill set the town afire tonight." He came closer to the officer andwhispered, "Make a show of interference, that's all.... If possible seethat Sheriff Hayes' pistols don't go off.... You understand? I knowwhat's best."
Elleard nodded. Broderick went on. Soon he heard the tramp of many feet.A procession headed by men bearing torches, was proceeding down thestreet toward the Plaza. As they neared he saw Jenkins, hands tiedbehind his back, striding along in the midst of his captors. A rope wasabout his neck; it extended for a hundred feet behind him, upheld bymany hands.
Diagonally across the Plaza the procession streamed. At the flagstaff ahalt was made. Samuel Brannan mounted a sand-heap and addressedthe crowd.
"I have been deputed by the Vigilance Committee," he began, "to tell youthat John Jenkins has been fairly tried; he was proven guilty of grandlarceny and other crimes." He paused dramatically. "The sentence of thePeople's Court is death through hanging by the neck. It will be executedhere at once, with your approval. All who are in favor of thecommittee's action, will say 'Aye.'"
"Aye! Aye!" came a thunder of voices, mingled with a few desultory"noes." Sheriff Jack Hayes rode up importantly on his prancing blackcharger. "In the name of the law I command this proceeding to cease."
"In the name of what law?" mocked Brannan, "the law you've been givingus for six months past?"
A roar of laughter greeted this retort. The sheriff, red-faced, held upa hand for silence. "I demand the prisoner," he shouted.
Instantly there was a quiet order. Fifty men in soldierly formationsurrounded Jenkins. "Take him, then," a voice said pleasantly. It wasWilliam Coleman's. The guards of the forward ranks threw back theircloaks, revealing a score of business-like short-barrelled shotguns.
Before this show of force, the gallant Hayes retreated, baffled. He wasa former Texan ranger, fearless to a fault; but he was wise enough toknow when he was beaten.
"I've orders not to shoot," he said, "but I warn you that all whoparticipate in this man's hanging will be liable for murder."
Again came Brannan's sneer. "If we're as safe as the last hundred menthat took human life in this town, we've nothing to fear." Again achorus of derision. The sheriff turned, outraged, on his tormentor. "Youshall hear from me, sir," he said indignantly, and wheeling his horse,he rode off.
"String him up on the flagpole," suggested a bystander. But this wascried down with indignation. Several members who had been investigatingnow advanced with the recommendation that the hanging take place at thesouth-end of the old Custom House.
"We can throw the rope over a beam," cried a tall man. He was one ofthose who had pursued and caught Jenkins on the bay. Now he seized therope and called, "Come on, boys."
There was a rush toward the southwest corner of the Plaza, so suddenthat the hapless prisoner was jerked off his feet and dragged over theground. When the improvised gallows was reached he was half strangled,could not stand. Several men supported him while others tossed the ropeacross the beam. Then, with a shout, he was jerked from his feet intospace. His dangling figure jerked convulsively for a time, hung limp.
* * * * *
After the inquest Brannan met William Coleman at Vigilante headquarters."They were very hostile," he declared; "the political gang is hot on ourtrail. They questioned me as to the names on our committee. I told themwe went by numbers only," he laughed.
"There have been threats, veiled and open," said Coleman, soberl
y. "Kinghas lost several good banking accounts and my business has fallen offnoticeably. Friends have advised me to quit the committee--or worsethings might happen."
Brannan took a folded paper from his pocket; it was a printed scrawlunsigned, which read:
"Beware; or your house will be burned. We mean business."
A newsboy hurried down the street crying an extra on the inquest.Brannan snatched one from his hand and the two men perused it eagerly.The finding, couched in usual verbiage, recited the obvious facts thatJenkins, alias Simpson, perished by strangulation and that "anassociation of citizens styling themselves a Committee of Vigilance,"was responsible.
"Eight of us are implicated, besides myself," said Brannan finally,"they'll start proceedings probably at once."
"And they'll have the courts to back their dirty work," added Coleman,thoughtfully. "That will never do," his teeth shut with a little click."I'm going to the _Herald_ office."
"What for?" asked Brannan, quickly.
"To publish the full list of names," Coleman responded. "We're all inthis together; no group must bear the brunt."
"But," objected Brannan, "is that wise?"
"Of course.... in union there is strength. These crooks will hesitate tofight two hundred leading citizens; if they know them all they can'tpick out a few for persecution."
"Well, I'll go along," said Brannan. "Eh, what's that? What's happenednow?"
The Monumental engine bell was tolling violently. Coleman listened. "Itsnot a fire," he declared, "it's the Vigilante signal. We'll wait here."
A man came running toward them from the bay. "They've captured JamesStuart," he shouted. "Bludgeoned a captain on his ship but the man'swife held on to him and yelled till rescue came."
"But Stuart's in the Auburn jail, awaiting execution for the murder ofthe sheriff," Coleman said bewildered.
"No," cried the man, "this is the real one. The other's Tom Berdue, hisdouble."
"Then there'll be another hanging," Coleman muttered.
CHAPTER XXXV
THE PEOPLE AND THE LAW
Frightened, desperate, angered by the usurpation of their power, variedforces combined in opposition to the Vigilance Committee. Politicaloffice-holders, good and bad, were naturally arrayed against it, and forthe first time made a common cause. Among the politicians were many menof brains, especially those affiliated with the "Chivalry" faction, asit was known--Southern men whose object it was to introduce slavery intoCalifornia. These were fiery, fearless, eloquent and quick at stratagem.There was also Broderick's Tammany organization, an almost perfectpolitical machine, though as yet in the formative stage. There was thetacit union of the underworld; gamblers, thieves, plug-uglies, servitorsof or parasites upon the stronger factions. Each and all they feared andhated this new order of the Vigilantes.
Coleman's scheme of publishing the names of the entire committee wascarried out after a meeting of the executive committee. It had theeffect of taking the wind out of their opponents' sails for a time. Butit also robbed committee members of a certain security. In a dozen darkand devious ways the Vigilantes were harassed, opposed; windows of shopswere broken; men returning to their homes were set upon from ambush;long-standing business accounts were diverted or withdrawn. Evensocially the feud was felt. For the Southerners were more or less thearbiters of society. Wives of Vigilante members were struck frominvitation lists in important affairs. Whispers came to them that iftheir husbands were persuaded to withdraw, all would be well.
A few, indeed, did hand their resignations to the committee, but moreset their names with eagerness upon its roster.
The hanging of James Stuart was impressive and conducted with extremedecorum. Stuart, tried before twelve regularly impaneled talesmen anddefended by an advocate, cut matters short by a voluntary confession ofhis crimes. In fact, he boasted of them with a curious pride. Arson,murder, robbery, he admitted with a lavishness which first aroused adoubt as to his sanity and truth, but when in many of the cases herecited details which were later verified, all doubt as to his eviltriumphs vanished.
On the morning of July 11 he was sentenced. In the afternoon his bodyswung from a waterfront derrick at Battery and Market streets.
"Get it over with," he urged his executioners, "this 'ere's damnedtiresome business for a gentleman." He begged a "quid o' terbacker" fromone of the guards and chewed upon it stolidly until the noose tightenedabout his neck. He did not struggle much. A vagrant wind blew off hishat and gently stirred his long and wavy hair.
When Benito next saw Broderick he asked the latter anxiously if all werewell with him. The latter answered with a wry smile, "I suppose so. Ihave not been ordered to leave town so far."
"You've remembered what we told you--Alice and I?"
"Yes," said Broderick, "and it was good advice. Tell your wife for methat woman's intuition sometimes sees more clearly than man'scunning.... It is nearer God and truth," he added, softly.
"I shall tell her that. 'Twill please her," Benito replied. "You mustcome to see us soon."
Brannan joined them rather anxiously and drew Benito aside with abrusque apology. "Do you know that Governor McDougall has issued aproclamation condemning the Vigilance Committee?... I happen to knowthat Broderick inspired this." He gave a covert glance over hisshoulder, but the Lieutenant-Governor had wandered off. "So far he'staken no part against us. And we've left him alone. Now we shallstrike back."
"I shall advise against it," Windham objected. "Dave is honest. He'splayed fair."
"If you think we're going to let this pass, you're quite mistaken,"Brannan answered, hotly. "Why, its not long ago that Governor McDougallcame to our committee room and commended our work. Said he hoped we'dgo on."
"Exactly," said Benito, "in the presence of witnesses. Let us see ifKing and Coleman are inside. I have a plan."
They found their tall and quiet leader with James King of William andhalf a dozen others already in session. Brannan, in fiery anger, readthe Governor's proclamation. There was silence when he finished.Possibly a shade of consternation. "Windham's got a scheme to answerhim," said Brannan.
That day the _Evening Picayune_ printed the Committee's defn. It was asfollows:
San Francisco, Aug. 20, 1851.
"We, the undersigned, do hereby aver that Governor McDougall asked to be introduced to the executive committee of the Committee of Vigilance, which was allowed and hour fixed. The Governor, upon being introduced, states THAT HE APPROVED OF THE ACTS OF THE COMMITTEE and that much good had taken place. He HOPED THEY WOULD GO ON and endeavor to act in concert with the authorities, AND IN CASE ANY JUDGE WAS GUILTY OF MAL-ADMINISTRATION TO HANG HIM and he would appoint others."
To this was appended the names of reputable citizens--men whosestatements no one doubted. It was generally conceded, with a laugh, thatGovernor McDougall's private opinion differed from his sense ofpublic duty.
That afternoon representatives of the Committee met an incoming vesseland examined the credentials of all passengers. Several of these notproving up to standard, they were denied admittance to the port. Theoutraged captain blustered and refused to take them back to Sydney. Butin the end he agreed. There was nothing else to do. A guard was placedon the non-desirables and maintained until the vessel cleared--until thepilot boat returned in fact. San Francisco applauded.
But all the laurels were not with the Committee. On Thursday morning,August 21, Sheriff Hayes surprised Vigilante Headquarters at dawn andcaptured Samuel Whitaker and Robert McKenzie both convicted of murder bythe Committee and sentenced to hang.
The City Government was much elated but the victory was short. For, onthe following Sunday, Vigilantes gained an entrance to the jail and tooktheir prisoners back without a struggle.
* * * * *
Broderick and Windham, en route to the latter's ranch that afternoon,heard the Monumental bell toll slowly, solemnly. "What's up?" askedBroderick, startled.
"It
means," Benito answered, "that the Vigilance Committee still rules.Two more scoundrels have been punished."
CHAPTER XXXVI
FEVERS OF FINANCE
Four years had passed since the Vigilance Committee ceased activelabors. Some said they preserved a tacit organization; theirs was stilla name to conjure with among evil doers, but San Francisco, grown into acity of some 50,000, was more dignified and subtle in its wickedness.Politics continued notoriously bad. Comedians in the new MetropolitanTheatre made jokes about ballot-boxes said to have false bottoms, andpublic officials who had taken their degrees in "political economy" atSing Sing.
"Honest Harry" Meiggs and his brother, the newly-elected CityController, had sailed away on the yacht "American," leaving behind theman unpaid-for 2000-foot wharf and close to a million in debts; forgedcity warrants and promissory notes were held by practically every largebusiness house in San Francisco.
It was concerning this urbane and gifted prince of swindlers that AdrianStanley talked with William Sherman, manager of the banking house ofTurner, Lucas & Company.
Sherman, once a lieutenant in the United States Army, had returned,after an Eastern trip, as a civilian financier. In behalf of St. Louisemployers, he had purchased of James Lick a lot at Jackson andMontgomery streets, erecting thereon a $50,000 fire-proof building. Thebank occupied the lower floor; a number of professional men had theiroffices on the second floor; on the third James P. Casey, Supervisor,journalist and politician, maintained the offices of _The Sunday Times_.He passed the two men as they stood in front of the bank and shouted aboisterous "hello." Adrian, ever courteous and good-natured, respondedwith a wave of the hand while Sherman, brusk and curt, as a habit ofnature and military training, vouchsafed him a short nod.