If an unknown individual arrived, they did not inquire if he was capable, honest, industrious4, but—had he killed his man? If he had not, he gravitated to his natural and proper position, that of a man of small consequence; if he had, the cordiality of his reception was graduated according to the number of his dead. It was tedious work struggling up to a position of influence with bloodless hands; but when a man came with the blood of half a dozen men on his soul, his worth was recognized at once and his acquaintance sought.
In Nevada, for a time, the lawyer, the editor, the banker, the chief desperado, the chief gambler, and the saloon keeper, occupied the same level in society, and it was the highest. The cheapest and easiest way to become an influential5 man and be looked up to by the community at large, was to stand behind a bar, wear a cluster-diamond pin, and sell whisky. I am not sure but that the saloon-keeper held a shade higher rank than any other member of society. His opinion had weight. It was his privilege to say how the elections should go. No great movement could succeed without the countenance6 and direction of the saloon- keepers. It was a high favor when the chief saloon-keeper consented to serve in the legislature or the board of aldermen.
Youthful ambition hardly aspired7 so much to the honors of the law, or the army and navy as to the dignity of proprietorship8 in a saloon.
To be a saloon-keeper and kill a man was to be illustrious. Hence the reader will not be surprised to learn that more than one man was killed in Nevada under hardly the pretext9 of provocation10, so impatient was the slayer11 to achieve reputation and throw off the galling12 sense of being held in indifferent repute by his associates. I knew two youths who tried to “kill their men” for no other reason—and got killed themselves for their pains. “There goes the man that killed Bill Adams” was higher praise and a sweeter sound in the ears of this sort of people than any other speech that admiring lips could utter.
The men who murdered Virginia’s original twenty-six cemetery-occupants were never punished. Why? Because Alfred the Great, when he invented trial by jury and knew that he had admirably framed it to secure justice in his age of the world, was not aware that in the nineteenth century the condition of things would be so entirely13 changed that unless he rose from the grave and altered the jury plan to meet the emergency, it would prove the most ingenious and infallible agency for defeating justice that human wisdom could contrive14. For how could he imagine that we simpletons would go on using his jury plan after circumstances had stripped it of its usefulness, any more than he could imagine that we would go on using his candle-clock after we had invented chronometers15? In his day news could not travel fast, and hence he could easily find a jury of honest, intelligent men who had not heard of the case they were called to try—but in our day of telegraphs and newspapers his plan compels us to swear in juries composed of fools and rascals16, because the system rigidly17 excludes honest men and men of brains.
I remember one of those sorrowful farces18, in Virginia, which we call a jury trial. A noted19 desperado killed Mr. B., a good citizen, in the most wanton and cold-blooded way. Of course the papers were full of it, and all men capable of reading, read about it. And of course all men not deaf and dumb and idiotic20, talked about it. A jury-list was made out, and Mr. B. L., a prominent banker and a valued citizen, was questioned precisely21 as he would have been questioned in any court in America:
“Have you heard of this homicide?”
“Yes.”
“Have you held conversations upon the subject?”
“Yes.”
“Have you formed or expressed opinions about it?”
“Yes.”
“Have you read the newspaper accounts of it?”
“Yes.”
“We do not want you.”
A minister, intelligent, esteemed22, and greatly respected; a merchant of high character and known probity23; a mining superintendent24 of intelligence and unblemished reputation; a quartz25 mill owner of excellent standing26, were all questioned in the same way, and all set aside. Each said the public talk and the newspaper reports had not so biased27 his mind but that sworn testimony28 would overthrow29 his previously30 formed opinions and enable him to render a verdict without prejudice and in accordance with the facts. But of course such men could not be trusted with the case. Ignoramuses alone could mete2 out unsullied justice.
When the peremptory31 challenges were all exhausted32, a jury of twelve men was impaneled—a jury who swore they had neither heard, read, talked about nor expressed an opinion concerning a murder which the very cattle in the corrals, the Indians in the sage-brush and the stones in the streets were cognizant of! It was a jury composed of two desperadoes, two low beer-house politicians, three bar-keepers, two ranchmen who could not read, and three dull, stupid, human donkeys! It actually came out afterward33, that one of these latter thought that incest and arson34 were the same thing.
The verdict rendered by this jury was, Not Guilty. What else could one expect?
The jury system puts a ban upon intelligence and honesty, and a premium35 upon ignorance, stupidity and perjury36. 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 outweigh37, with him, street talk and newspaper reports based upon mere38 hearsay39, 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 miscreants40? Is it right to show the present favoritism to one class of men and inflict41 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 tamper42 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 portrayal43 of that era and that land, and leave out the blood and carnage, would be like portraying44 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 humble45 admirer happy for the rest of the day. The deference46 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 majesty47; when he entered the restaurant, the waiters deserted48 bankers and merchants to overwhelm him with obsequious49 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 marrow50, 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. Orators51, 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, Jack52 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 killing53 principally among themselves, and seldom molested54 peaceable citizens, for they considered it small credit to add to their trophies55 so cheap a bauble56 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 profuse57 apologies couched in caustic58 sarcasm59, and begged Brown not to destroy him. Brown threw off his coat and challenged the man to fight—abused him, threatened him, impeached60 his courage, and urged and even implored61 him to fight; and in the meantime the smiling stranger placed himself under our protection in mock distress62. 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 cumbersome63 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, tilted64 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 bosom65 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 celebrated66 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 peculiarities67 in our official society; and he will observe also, an instance of how, in new countries, murders breed murders.
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1
cemetery
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| n.坟墓，墓地，坟场 | |
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mete
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| v.分配；给予 | |
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slaughtering
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| v.屠杀，杀戮，屠宰( slaughter的现在分词 ) | |
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industrious
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| adj.勤劳的，刻苦的，奋发的 | |
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influential
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| adj.有影响的，有权势的 | |
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countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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aspired
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| v.渴望，追求( aspire的过去式和过去分词 ) | |
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proprietorship
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| n.所有（权）；所有权 | |
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pretext
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| n.借口，托词 | |
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provocation
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| n.激怒，刺激，挑拨，挑衅的事物，激怒的原因 | |
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slayer
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| n. 杀人者，凶手 | |
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galling
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| adj.难堪的,使烦恼的,使焦躁的 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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contrive
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| vt.谋划，策划；设法做到；设计，想出 | |
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chronometers
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| n.精密计时器，航行表( chronometer的名词复数 ) | |
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rascals
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| 流氓( rascal的名词复数 )； 无赖； （开玩笑说法）淘气的人（尤指小孩）； 恶作剧的人 | |
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rigidly
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| adv.刻板地，僵化地 | |
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farces
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| n.笑剧( farce的名词复数 )；闹剧；笑剧剧目；作假的可笑场面 | |
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noted
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| adj.著名的，知名的 | |
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idiotic
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| adj.白痴的 | |
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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esteemed
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| adj.受人尊敬的v.尊敬( esteem的过去式和过去分词 )；敬重；认为；以为 | |
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probity
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| n.刚直；廉洁，正直 | |
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superintendent
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| n.监督人，主管，总监；(英国)警务长 | |
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quartz
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| n.石英 | |
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standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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biased
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| a.有偏见的 | |
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testimony
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| n.证词；见证，证明 | |
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overthrow
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| v.推翻，打倒，颠覆；n.推翻，瓦解，颠覆 | |
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previously
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| adv.以前，先前（地） | |
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peremptory
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| adj.紧急的，专横的，断然的 | |
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exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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afterward
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| adv.后来；以后 | |
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arson
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| n.纵火，放火 | |
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premium
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| n.加付款；赠品；adj.高级的；售价高的 | |
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perjury
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| n.伪证；伪证罪 | |
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outweigh
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| vt.比...更重，...更重要 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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hearsay
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| n.谣传，风闻 | |
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miscreants
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| n.恶棍，歹徒( miscreant的名词复数 ) | |
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inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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tamper
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| v.干预，玩弄，贿赂，窜改，削弱，损害 | |
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portrayal
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| n.饰演；描画 | |
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portraying
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| v.画像( portray的现在分词 )；描述；描绘；描画 | |
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humble
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| adj.谦卑的，恭顺的；地位低下的；v.降低，贬低 | |
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deference
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| n.尊重，顺从；敬意 | |
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majesty
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| n.雄伟，壮丽，庄严，威严；最高权威，王权 | |
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48
deserted
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| adj.荒芜的，荒废的，无人的，被遗弃的 | |
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obsequious
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| adj.谄媚的，奉承的，顺从的 | |
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marrow
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| n.骨髓；精华；活力 | |
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orators
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| n.演说者，演讲家( orator的名词复数 ) | |
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jack
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| n.插座，千斤顶，男人；v.抬起，提醒，扛举；n.（Jake）杰克 | |
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53
killing
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| n.巨额利润；突然赚大钱，发大财 | |
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molested
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| v.骚扰( molest的过去式和过去分词 )；干扰；调戏；猥亵 | |
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trophies
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| n.（为竞赛获胜者颁发的）奖品( trophy的名词复数 )；奖杯；（尤指狩猎或战争中获得的）纪念品；（用于比赛或赛跑名称）奖 | |
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bauble
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| n.美观而无价值的饰物 | |
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profuse
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| adj.很多的，大量的，极其丰富的 | |
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caustic
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| adj.刻薄的，腐蚀性的 | |
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sarcasm
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| n.讥讽，讽刺，嘲弄，反话 （adj.sarcastic） | |
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impeached
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| v.控告（某人）犯罪( impeach的过去式和过去分词 )；弹劾；对（某事物）怀疑；提出异议 | |
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implored
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| 恳求或乞求（某人）( implore的过去式和过去分词 ) | |
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distress
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| n.苦恼，痛苦，不舒适；不幸；vt.使悲痛 | |
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cumbersome
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| adj.笨重的，不便携带的 | |
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tilted
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| v. 倾斜的 | |
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bosom
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| n.胸，胸部；胸怀；内心；adj.亲密的 | |
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celebrated
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| adj.有名的，声誉卓著的 | |
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peculiarities
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| n. 特质, 特性, 怪癖, 古怪 | |
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