Volume 003-4 - April 1950 (2 pages)

the white man’s justice, and thus be deterred from committing any more murders. Nearly a thousand Indians and about as many white men assembled. A striking example of the danger of a mistake from mob law was furnished in Rough and Ready in 1851. William M. Stewart, later United States Senator from the State of Nevada, and Jack Watson rode into town one day on horseback, and saw a man being led by a mob. “Hello”, said Watson to Stewart, “what are they doing that for? I bet that is an innocent man. Dare you go into that mob?” Stewart without stopping to think said “Yes.” Dismounting, they ran into the crowd, with pistols drawn, calling out, “There is a mistake! You have the wrong man.” The mob was passing under a new building, on which there was no roof, but the sides were up and cross stringers with some boards on them, and a ladder reaching to this platform. Stewart called out, “Take him up the ladder,” and the crowd, swayed by this seeming authoritative interference, obeyed. “Now choose a committee and try him,” directed Stewart. A committee of six was chosen, when Stewart asked the man to make his statement. The man related he was on his way from Sonoma County to Nevada City to engage in saw milling, that he came into town the night before and put up at a hotel, that besides some small amount of other money, he had in his pocket $300 in Mexican doubloons, which his accuser, who occupied the same room, saw and charged him with stealing from him. “What evidence have you of the truth of this?” asked Stewart. “There is a letter in my coat pocket from my partner.” The coat had been left in his room at the hotel. It was found, and in it a letter from-his partner, Taylor, asking him to go to Nevada City and learn all he could about openings for saw milling business, stating he had deposited $300 to his credit at Brumagim’s Bank, and explaining the whole transaction. . Before the reading of the letter was concluded, everyone was satisfied with his innocence, and as it was finished, a man was seen running hastily down the street. “There goes the scoundrel,” cried the mob, rushing after the accuser, but he made his escape up Deer Creek. The man who was saved from hanging by the good instincts and courage of Watson and Stewart was Owen of the firm “Taylor and Owen”, saw mill men for many years afterwards on Gold Run. One 0% the most amusing trials ever enacted was held in Rough and Ready in 1853. William Watt had located a set of mining claims in Boston Ravine, and his right was disputed by a combination who claimed the whole ravine. Attorney A. B. Dibble represented the combination, and it was believed impossible to win a mining case from him in Grass Valley. Watt was sued and got a change of venire to Rough and Ready. His lawyer was William M. Stewart. The court room was a small space partitioned off from Si Brown’s saloon. It was agreed by both parties that all liquors imbibed by the court, jury, parties, lawyers and outsiders should be charged as costs. The plaintiffs proceeded with the case, and a frequent use of the bar was made by all hands. When it came the defendant’s turn it was found that the main witness, and old Scotchman, had been made staggering drunk by the other side, and it seemed doubtful if he would regain his senses in a week. The only chance for the defendant was to break the whole thing up in a row. Two members of the jury, a big Kentuckian and a New Yorker, both pretty far gone, began boasting of their native states, and came near fighting it out then and there. The court took a recess until evening, but when they again met, the jury was in such a condition that the plaintiffs wanted to adjourn until morning. “If getting folks drunk is your game,” said Stewart, “there will be enough of it.” le argued to the Justice that if an adjournment were had the verdict would be good for nothing. The stupid old Justice, who was trying his first case, accepted this view of the law and refused to adjourn. The trial continued, and the jury drank to their heart’s content. When it came Dibble’s turn to speak, some of the jurymen told him to “dry up.” After the jury retired, they asked for whiskey, and a demijohn was sent out to them. The next morning’s sun saw the jury lying loose all around the town. They had separated without agreeing on a verdict. By the law in those days, in case of a mistrial, the plaintiff had to pay all costs before he could have another trial. The costs were $1,400 — 1,200 of which were for liquors at Si Brown’s bar. The plaintiff’s were not able to pay the costs. William Watt kept his claims in Boston Ravine, and this was his first start in Nevada County. He later became a wealthy and influential citizen of Grass Valley. Editor’s Note: A complete account of Rough and Ready’s secession from the United States was printed in the Nevada County Historical Bulletin, “Beginnings of Rough and Ready”, May 1948. A tdethy 4 NEVADA COUNTY HISTORICAL SOCIETY

the white man’s justice, and thus be deterred from committing any more murders. Nearly a thousand Indians and about as many white men assembled. A striking example of the danger of a mistake from mob law was furnished in Rough and Ready in 1851. William M. Stewart, later United States Senator from the State of Nevada, and Jack Watson rode into town one day on horseback, and saw a man being led by a mob. “Hello”, said Watson to Stewart, “what are they doing that for? I bet that is an innocent man. Dare you go into that mob?” Stewart without stopping to think said “Yes.” Dismounting, they ran into the crowd, with pistols drawn, calling out, “There is a mistake! You have the wrong man.” The mob was passing under a new building, on which there was no roof, but the sides were up and cross stringers with some boards on them, and a ladder reaching to this platform. Stewart called out, “Take him up the ladder,” and the crowd, swayed by this seeming authoritative interference, obeyed. “Now choose a committee and try him,” directed Stewart. A committee of six was chosen, when Stewart asked the man to make his statement. The man related he was on his way from Sonoma County to Nevada City to engage in saw milling, that he came into town the night before and put up at a hotel, that besides some small amount of other money, he had in his pocket $300 in Mexican doubloons, which his accuser, who occupied the same room, saw and charged him with stealing from him. “What evidence have you of the truth of this?” asked Stewart. “There is a letter in my coat pocket from my partner.” The coat had been left in his room at the hotel. It was found, and in it a letter from-his partner, Taylor, asking him to go to Nevada City and learn all he could about openings for saw milling business, stating he had deposited $300 to his credit at Brumagim’s Bank, and explaining the whole transaction. . Before the reading of the letter was concluded, everyone was satisfied with his innocence, and as it was finished, a man was seen running hastily down the street. “There goes the scoundrel,” cried the mob, rushing after the accuser, but he made his escape up Deer Creek. The man who was saved from hanging by the good instincts and courage of Watson and Stewart was Owen of the firm “Taylor and Owen”, saw mill men for many years afterwards on Gold Run. One 0% the most amusing trials ever enacted was held in Rough and Ready in 1853. William Watt had located a set of mining claims in Boston Ravine, and his right was disputed by a combination who claimed the whole ravine.

Attorney A. B. Dibble represented the combination, and it was believed impossible to win a mining case from him in Grass Valley. Watt was sued and got a change of venire to Rough and Ready. His lawyer was William M. Stewart. The court room was a small space partitioned off from Si Brown’s saloon. It was agreed by both parties that all liquors imbibed by the court, jury, parties, lawyers and outsiders should be charged as costs. The plaintiffs proceeded with the case, and a frequent use of the bar was made by all hands. When it came the defendant’s turn it was found that the main witness, and old Scotchman, had been made staggering drunk by the other side, and it seemed doubtful if he would regain his senses in a week. The only chance for the defendant was to break the whole thing up in a row. Two members of the jury, a big Kentuckian and a New Yorker, both pretty far gone, began boasting of their native states, and came near fighting it out then and there. The court took a recess until evening, but when they again met, the jury was in such a condition that the plaintiffs wanted to adjourn until morning. “If getting folks drunk is your game,” said Stewart, “there will be enough of it.” le argued to the Justice that if an adjournment were had the verdict would be good for nothing. The stupid old Justice, who was trying his first case, accepted this view of the law and refused to adjourn. The trial continued, and the jury drank to their heart’s content. When it came Dibble’s turn to speak, some of the jurymen told him to “dry up.” After the jury retired, they asked for whiskey, and a demijohn was sent out to them. The next morning’s sun saw the jury lying loose all around the town. They had separated without agreeing on a verdict. By the law in those days, in case of a mistrial, the plaintiff had to pay all costs before he could have another trial. The costs were $1,400 — 1,200 of which were for liquors at Si Brown’s bar. The plaintiff’s were not able to pay the costs. William Watt kept his claims in Boston Ravine, and this was his first start in Nevada County. He later became a wealthy and influential citizen of Grass Valley. Editor’s Note: A complete account of Rough and Ready’s secession from the United States was printed in the Nevada County Historical Bulletin, “Beginnings of Rough and Ready”, May 1948. A tdethy 4 NEVADA COUNTY HISTORICAL SOCIETY