Meanwhile Roscommon had waited. Then, in Garcia's name, and backed by him, he laid his case before the Land Commissioner1, filing the application (with forged indorsements) to Governor Micheltorena, and alleging2 that the original grant was destroyed by fire. And why?
It seemed there was a limit to Miss Carmen's imitative talent. Admirable as it was, it did not reach to the reproduction of that official seal, which would have been a necessary appendage4 to the Governor's grant. But there were letters written on stamped paper by Governor Micheltorena to himself, Garcia, and to Miguel, and to Manuel's father, all of which were duly signed by the sign manual and rubric of Mrs.-Governor-Micheltorena-Carmen-de-Haro. And then there was “parol” evidence, and plenty of it; witnesses who remembered everything about it,—namely, Manuel, Miguel, and the all-recollecting De Haro; here were details, poetical5 and suggestive; and Dame-Quicklyish, as when his late Excellency, sitting not “by a sea-coal fire,” but with aguardiente and cigarros, had sworn to him, the ex-ecclesiastic Miguel, that he should grant, and had granted, Garcia's request. There were clouds of witnesses, conversations, letters, and records, glib6 and pat to the occasion. In brief, there was nothing wanted but the seal of his Excellency. The only copy of that was in the possession of a rival school of renaissant art and the restoration of antiques, then doing business before the Land Commission.
And yet the claim was rejected! Having lately recommended two separate claimants to a patent for the same land, the Land Commission became cautious and conservative.
Roscommon was at first astounded7, then indignant, and then warlike,—he was for an “appale to onst!”
With the reader's previous knowledge of Roscommon's disposition8 this may seem somewhat inconsistent; but there are certain natures to whom litigation has all the excitement of gambling9, and it should be borne in mind that this was his first lawsuit10. So that his lawyer, Mr. Saponaceous Wood, found him in that belligerent11 mood to which counsel are obliged to hypocritically bring all the sophistries12 of their profession.
“Of course you have your right to an appeal, but calm yourself, my dear sir, and consider. The case was presented strongly, the evidence overwhelming on our side, but we happened to be fighting previous decisions of the Land Commission that had brought them into trouble; so that if Micheltorena had himself appeared in Court and testified to his giving you the grant, it would have made no difference,—no Spanish grant had a show then, nor will it have for the next six months. You see, my dear sir, the Government sent out one of its big Washington lawyers to look into this business, and he reported frauds, sir, frauds, in a majority of the Spanish claims. And why, sir? why? He was bought, sir, bought—body and soul—by the Ring!”
“And fwhot's the Ring?” asked his client sharply.
“The Ring is—ahem! a combination of unprincipled but wealthy persons to defeat the ends of justice.”
“And sure, fwhot's the Ring to do wid me grant as that thaving Mexican gave me as the collatherals for the bourd he was owin' me? Eh, mind that now!”
“The Ring, my dear sir, is the other side. It is—ahem! always the Other Side.”
“And why the divel haven't we a Ring too? And ain't I payin' ye five hundred dollars,—and the divel of Ring ye have, at all, at all? Fwhot am I payin' ye fur, eh?”
“That a judicious13 expenditure14 of money,” began Mr. Wood, “outside of actual disbursements, may not be of infinite service to you I am not prepared to deny,—but—”
“Look ye, Mr. Sappy Wood, it's the 'appale' I want, and the grant I'll have, more betoken15 as the old woman's har-rut and me own is set on it entoirely. Get me the land and I'll give ye the half of it,—and it's a bargain!”
“But my dear sir, there are some rules in our profession,—technical though they may be—”
“The divel fly away wid yer profession. Sure is it better nor me own? If I've risked me provisions and me whisky, that cost me solid goold in Frisco, on that thafe Garcia's claim, bedad! the loikes of ye can risk yer law.”
“Well,” said Wood, with an awkward smile, “I suppose that a deed for one half, on the consideration of friendship, my dear sir, and a dollar in hand paid by me, might be reconcilable.”
“Now it's talkin' ye are. But who's the felly we're foighten, that's got the Ring?”
“Ah, my dear sir, it's the United States,” said the lawyer with gravity.
“The States! the Government is it? And is't that ye're afeared of? Sure it's the Government that I fought in me own counthree, it was the Government that druv me to Ameriky, and is it now that I'm going back on me principles?”
“Your political sentiments do you great credit,” began Mr. Wood.
“But fwhot's the Government to do wid the appale?”
“The Government,” said Mr. Wood significantly, “will be represented by the District Attorney.”
“And who's the spalpeen?”
“It is rumored,” said Mr. Wood, slowly, “that a new one is to be appointed. I, myself, have had some ambition that way.”
His client bent16 a pair of cunning but not over-wise grey eyes on his American lawyer. But he only said, “Ye have, eh?”
“Yes,” said Wood, answering the look boldly; “and if I had the support of a number of your prominent countrymen, who are so powerful with ALL parties,—men like YOU, my dear sir,—why, I think you might in time become a conservative, at least more resigned to the Government.”
Then the lesser17 and the greater scamp looked at each other, and for a moment or two felt a warm, sympathetic, friendly emotion for each other, and quietly shook hands.
Depend upon it there is a great deal more kindly18 human sympathy between two openly-confessed scamps than there is in that calm, respectable recognition that you and I, dear reader, exhibit when we happen to oppose each other with our respective virtues19.
“And ye'll get the appale?”
“I will.”
And he DID! And by a singular coincidence got the District Attorneyship also. And with a deed for one half of the “Red-Rock Rancho” in his pocket, sent a brother lawyer in court to appear for his client, the United States, as against HIMSELF, Roscommon, Garcia, et al. Wild horses could not have torn him from this noble resolution. There is an indescribable delicacy20 in the legal profession which we literary folk ought to imitate.
The United States lost! Which meant ruin and destruction to the “Blue Mass Company,” who had bought from a paternal21 and beneficent Government lands which didn't belong to it. The Mexican grant, of course, antedated22 the occupation of the mine by Concho, Wiles23, Pedro, et al., as well as by the “Blue Mass Company,” and the solitary24 partners, Biggs and Thatcher25. More than that, it swallowed up their improvements. It made Biggs and Thatcher responsible to Garcia for all the money the Grand Master of Avarice26 had made out of it. Mr. District Attorney was apparently27 distressed28, but resigned. Messrs. Biggs and Thatcher were really distressed and combative29.
And then, to advance a few years in this chronicle, began real litigation with earnestness, vigor30, courage, zeal31, and belief on the part of Biggs and Thatcher, and technicalities, delay, equivocation32, and a general Fabian-like policy on the part of Garcia, Roscommon, et al. Of all these tedious processes I note but one, which for originality33 and audacity34 of conception appears to me to indicate more clearly the temper and civilization of the epoch35. A subordinate officer of the District Court refused to obey the mandate36 ordering a transcript37 of the record to be sent up to the United States Supreme38 Court. It is to be regretted that the name of this Ephesian youth, who thus fired the dome39 of our constitutional liberties, should have been otherwise so unimportant as to be confined to the dusty records of that doubtful court of which he was a doubtful servitor, and that his claim to immortality40 ceased with his double-feed service. But there still stands on record a letter by this young gentleman, arraigning41 the legal wisdom of the land, which is not entirely43 devoid44 of amusement or even instruction to young men desirous of obtaining publicity45 and capital. Howbeit, the Supreme Court was obliged to protect itself by procuring46 the legislation of his functions out of his local fingers into the larger palm of its own attorney.
These various processes of law and equity47, which, when exercised practically in the affairs of ordinary business, might have occupied a few months' time, dragged, clung, retrograded, or advanced slowly during a period of eight or nine years. But the strong arms of Biggs and Thatcher held POSSESSION, and possibly, by the same tactics employed on the other side, arrested or delayed ejectment, and so made and sold quicksilver, while their opponents were spending gold, until Biggs, sorely hit in the interlacings of his armor, fell in the lists, his cheek growing waxen and his strong arm feeble, and finding himself in this sore condition, and passing, as it were, made over his share in trust to his comrade, and died. Whereat, from that time henceforward, Royal Thatcher reigned48 in his stead.
And so, having anticipated the legal record, we will go back to the various human interests that helped to make it up.
To begin with Roscommon: To do justice to his later conduct and expressions, it must be remembered that when he accepted the claim for the “Red-Rock Rancho,” yet unquestioned, from the hands of Garcia, he was careless, or at least unsuspicious of fraud. It was not until he had experienced the intoxication49 of litigation that he felt, somehow, that he was a wronged and defrauded50 man, but with the obstinacy51 of defrauded men, preferred to arraign42 some one fact or individual as the impelling52 cause of his wrong, rather than the various circumstances that led to it. To his simple mind it was made patent that the “Blue Mass Company” were making money out of a mine which he claimed, and which was not yet adjudged to them. Every dollar they took out was a fresh count in this general indictment53. Every delay towards this adjustment of rights—although made by his own lawyer—was a personal wrong. The mere54 fact that there never was nor had been any quid pro3 quo for this immense property—that it had fallen to him for a mere song—only added zest55 to his struggle. The possibility of his losing this mere speculation56 affected57 him more strongly than if he had already paid down the million he expected to get from the mine. I don't know that I have indicated as plainly as I might that universal preference on the part of mankind to get something from nothing, and to acquire the largest return for the least possible expenditure, but I question my right to say that Roscommon was much more reprehensible58 than his fellows.
But it told upon him as it did upon all over whom the spirit of the murdered Concho brooded,—upon all whom avarice alternately flattered and tortured. From his quiet gains in his legitimate59 business, from the little capital accumulated through industry and economy, he lavished60 thousands on this chimera61 of his fancy. He grew grizzled and worn over his self-imposed delusion62; he no longer jested with his customers, regardless of quality or station or importance; he had cliques63 to mollify, enemies to placate64, friends to reward. The grocery suffered; through giving food and lodgment to clouds of unimpeachable65 witnesses before the Land Commission and the District Court, “Mrs. Ros.” found herself losing money. Even the bar failed; there was a party of “Blue Mass” employees who drank at the opposite fonda, and cursed the Roscommon claim over the liquor. The calm, mechanical indifference66 with which Roscommon had served his customers was gone. The towel was no longer used after its perfunctory fashion; the counter remained unwiped; the disks of countless67 glasses marked its surface, and indicated other preoccupation on the part of the proprietor68. The keen grey eyes of the claimant of the “Red-Rock Rancho” were always on the lookout69 for friend or enemy.
Garcia comes next. That gentleman's inborn70 talent for historic misrepresentation culminated71 unpleasantly through a defective72 memory; a year or two after he had sworn in his application for the “Rancho,” being engaged in another case, some trifling73 inconsistency was discovered in his statements, which had the effect of throwing the weight of evidence to the party who had paid him most, but was instantly detected by the weaker party. Garcia's preeminence74 as a witness, an expert and general historian began to decline. He was obliged to be corroborated75, and this required a liberal outlay76 of his fee. With the loss of his credibility as a witness bad habits supervened. He was frequently drunk, he lost his position, he lost his house, and Carmen, removed to San Francisco, supported him with her brush.
And this brings us once more to that pretty painter and innocent forger77 whose unconscious act bore such baleful fruit on the barren hill-sides of the “Red-Rock Rancho,” and also to a later blossom of her life, that opened, however, in kindlier sunshine.
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1
commissioner
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| n.（政府厅、局、处等部门）专员，长官，委员 | |
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alleging
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| 断言，宣称，辩解( allege的现在分词 ) | |
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pro
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| n.赞成，赞成的意见，赞成者 | |
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appendage
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| n.附加物 | |
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poetical
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| adj.似诗人的；诗一般的；韵文的；富有诗意的 | |
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glib
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| adj.圆滑的，油嘴滑舌的 | |
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astounded
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| v.使震惊(astound的过去式和过去分词)；愕然；愕；惊讶 | |
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disposition
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| n.性情，性格；意向，倾向；排列，部署 | |
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gambling
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| n.赌博；投机 | |
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lawsuit
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| n.诉讼，控诉 | |
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belligerent
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| adj.好战的，挑起战争的；n.交战国，交战者 | |
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sophistries
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| n.诡辩术( sophistry的名词复数 )；（一次）诡辩 | |
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judicious
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| adj.明智的，明断的，能作出明智决定的 | |
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expenditure
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| n.(时间、劳力、金钱等)支出；使用，消耗 | |
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betoken
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| v.预示 | |
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bent
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| n.爱好，癖好；adj.弯的；决心的，一心的 | |
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lesser
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| adj.次要的，较小的；adv.较小地，较少地 | |
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kindly
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| adj.和蔼的，温和的，爽快的；adv.温和地，亲切地 | |
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virtues
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| 美德( virtue的名词复数 )； 德行； 优点； 长处 | |
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delicacy
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| n.精致，细微，微妙，精良；美味，佳肴 | |
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paternal
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| adj.父亲的，像父亲的，父系的，父方的 | |
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antedated
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| v.（在历史上）比…为早( antedate的过去式和过去分词 )；先于；早于；（在信、支票等上）填写比实际日期早的日期 | |
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wiles
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| n.（旨在欺骗或吸引人的）诡计，花招；欺骗，欺诈( wile的名词复数 ) | |
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solitary
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| adj.孤独的，独立的，荒凉的；n.隐士 | |
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thatcher
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| n.茅屋匠 | |
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avarice
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| n.贪婪；贪心 | |
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apparently
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| adv.显然地；表面上，似乎 | |
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distressed
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| 痛苦的 | |
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combative
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| adj.好战的；好斗的 | |
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vigor
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| n.活力，精力，元气 | |
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zeal
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| n.热心，热情，热忱 | |
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equivocation
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| n.模棱两可的话，含糊话 | |
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originality
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| n.创造力，独创性；新颖 | |
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audacity
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| n.大胆，卤莽，无礼 | |
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epoch
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| n.(新)时代；历元 | |
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mandate
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| n.托管地；命令，指示 | |
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transcript
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| n.抄本，誊本，副本，肄业证书 | |
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supreme
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| adj.极度的，最重要的；至高的，最高的 | |
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dome
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| n.圆屋顶，拱顶 | |
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immortality
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| n.不死，不朽 | |
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arraigning
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| v.告发( arraign的现在分词 )；控告；传讯；指责 | |
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arraign
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| v.提讯；控告 | |
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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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devoid
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| adj.全无的，缺乏的 | |
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publicity
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| n.众所周知，闻名；宣传，广告 | |
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procuring
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| v.（努力）取得， （设法）获得( procure的现在分词 )；拉皮条 | |
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equity
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| n.公正，公平，（无固定利息的）股票 | |
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reigned
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| vi.当政，统治（reign的过去式形式） | |
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intoxication
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| n.wild excitement;drunkenness；poisoning | |
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50
defrauded
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| v.诈取，骗取( defraud的过去式和过去分词 ) | |
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obstinacy
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| n.顽固；（病痛等）难治 | |
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impelling
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| adj.迫使性的，强有力的v.推动、推进或敦促某人做某事( impel的现在分词 ) | |
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53
indictment
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| n.起诉；诉状 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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zest
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| n.乐趣；滋味，风味；兴趣 | |
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speculation
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| n.思索，沉思；猜测；投机 | |
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affected
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| adj.不自然的，假装的 | |
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reprehensible
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| adj.该受责备的 | |
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legitimate
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| adj.合法的，合理的，合乎逻辑的；v.使合法 | |
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lavished
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| v.过分给予，滥施( lavish的过去式和过去分词 ) | |
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chimera
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| n.神话怪物；梦幻 | |
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delusion
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| n.谬见，欺骗，幻觉，迷惑 | |
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cliques
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| n.小集团，小圈子，派系( clique的名词复数 ) | |
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placate
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| v.抚慰，平息(愤怒) | |
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unimpeachable
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| adj.无可指责的；adv.无可怀疑地 | |
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indifference
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| n.不感兴趣，不关心，冷淡，不在乎 | |
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countless
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| adj.无数的，多得不计其数的 | |
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proprietor
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| n.所有人；业主；经营者 | |
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lookout
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| n.注意，前途，瞭望台 | |
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inborn
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| adj.天生的，生来的，先天的 | |
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culminated
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| v.达到极点( culminate的过去式和过去分词 ) | |
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defective
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| adj.有毛病的，有问题的，有瑕疵的 | |
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trifling
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| adj.微不足道的；没什么价值的 | |
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preeminence
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| n.卓越,杰出 | |
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corroborated
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| v.证实，支持（某种说法、信仰、理论等）( corroborate的过去式 ) | |
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outlay
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| n.费用，经费，支出；v.花费 | |
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forger
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| v.伪造；n.（钱、文件等的）伪造者 | |
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