Theft And Murder

llubert Howe Bancroft's Popular Tribunals, I , just publisked, will be regarded as perhapa one of the most interestlng volumes of liis "Pacific Stiltes" tliat has apncared. The autlior presenta a vivid picture of the eondRIon OÍ alïairs In early gold miiiing days on the Padfla Cmst, wheu "crime," to omploy the lauguage of the iiuthor, "had and ai individuality not lese pronounced than the peculiaritles ot the pt'O,le. In character aiul qnality it partook or the nature of the timos. lts origin was as oflen vanity and kot blood, as it was cool, ealculatlnfl cupidity. There was a ckivalrous daring and dash aliout it whioli to niany was enticiiif;. The danger of it was ch&rmlnjr; the BeW for Htrocloui ambilion was wiilc; inurderers delighted u the magnitude of their achievements, notching the number of their victims on the hilt of knlfe or pistol. Theft was base, unworthy a true kuave-errant. Whcn men did steal it was in a sort of magniticent style, such as highway robbery, unearthing bags of gold-dust, or lor revende. There was a glory even in (allure ; the captured criminal Wal for a time a kcro, the observed of all. Mea cyed him; woinen talkedof liini; editor- wrotc ot him. Business was dropped, and whisky driink, and oowt-roomi wen illad, and brieis written, all of liiin. .lails were opened for him and tree accomtnodntions turnished. He WfcJ the guest of the town. For him buslied, juries sat, lawyers ranted, judges looked grave; and even if ho was hange.1 there was KHMthlng fiattering in the p mishuient. Tliere was a fnbdued ainlacily in the flghting men o! (Jalifoniin. The blusteriiiil Englishman had not his counterpart hen1, uor the wild Inshman, nor the half-crazed Frenehm ui, nor the borderrullian of or liiaêUtippi. Tliere KM mueh of tb gentleman ahout them, in niany uiucli that was chivalrous. The California desperado Mi a mild inaunered man, gent le in demcaiinr, not jrlTCn to nueb drink, and thoiigh about to cut you in pieces, he greoteU yon witli a sinile of sardonic sweelness. As a rule he pktrontztd the barler, tported a white sliirt and neatly titting, well polished Prench boots; and wben eafrylujj the honors of a fresh munler he sometimes tndulged in kid elovea, "áwindling, the Lilliputians punished more severely than theft, because it was easier, they said, to protect their property froto thieves than from cunuing and unprincipled persons who perpétrale their villalnies witliin the palé of the luw. Iu like manner the C.iliforniims punished theft more than murder, beciiuse men carried their Uves about with tlnm, and miyilit defend tliem, Imt uroperty íeft to lt-lf was defenseless. The easy open and self reliant dUposltlOD of the [X'nple ; tlnir fondness for harsh vorda, thoogli so ofte aooompanled by gentlc ilei'ils, their hot blood aml hatitd l'or whatsotver in Hppearanoe wascraven, exposed condition oí menand money, the free uw of atroog drink, and the necessity feltof always going anned, were among Mu' chi feausesof bloody all'r.iys; uiul when wonuin carne, as ever in the lii-iorv ot toe race, shu was a nciv aml fruitlul MUrce of deadly encouilter. " l'hus it w:i8 that crimes ajtainst the person were more general llmu crimes Ogalilft propeity; and one cause of it raay be traced tti grand opportunity for the evolutiou Of avalice which was offereU bv krainbling. In prolessional parlance, the dead hroke man could almost always, by b irrowlaj) or working a little, raiw a stake, and thuí find gratifl catión for that covelous greed which, without this opiortunity and excitenienl, must lead to scheni'S t darkuess. "Moreover where every man was Obliged to defend himself, and, in ameasure, to right his own wrongs, greater li cense was allowe.l in the einploynient of deadly weapons. When rifle, revolvers nd bowie-knives were the fashion, when no one was supposed to bedecently dres-ed wilh.int tliem, it wet e a little tingo laf if one sh'Hild never he allowed to use thciii. Henee it was that crimes of vlolence, the result ot exrited passion, arislng from strong drink, ganibling and fancied wrong or insult, were mora common and less severely puiiislied, than crimes display inginnate meiiniiess. There was no neeessity lor stealhur; food tl plentiful and easily ohtained, very little dotblllg was necessary, life in the open air was dvligllUul, and work was honor ablcj on the face of the earth therc walked, in his opinión, no man more noble than the honest ininer, even tboajrb bis woolen shirt ral never vvasheil; and to strike a hearty nianly blow for whisky or oplnion'i sake, even though Bomebody died in conseqnence, was quite different from the sneakingmeannessof the Mexican cattle-thief. On the other haml those very causes which dimlnished theft Increated personal vlolence. Freenesaof life and manner, stiniulaüng drinks, stimulating air, absence of social restrictions, all tended to the turning loóse of pwalon, and to that gratllication of appetite which breeds licentiousness and blows. Henee it was in thf earlier stages of arbitranjustice the thiel was hanged while the rnurderer was allowed to run at large."