The Forty-Niners eBook

This eBook from the Gutenberg Project consists of approximately 190 pages of information about The Forty-Niners.

The Forty-Niners eBook

This eBook from the Gutenberg Project consists of approximately 190 pages of information about The Forty-Niners.

There were two immediate results of this state of affairs.  In the first place, every citizen became more intensely interested and occupied with his own personal business than ever before; he had less time to devote to the real causes of trouble, that is the public instability; and he grew rather more selfish and suspicious of his neighbor than ever before.  The second result was to attract the dregs of society.  The pickings incident to demoralized conditions looked rich to these men.  Professional politicians, shyster lawyers, political gangsters, flocked to the spoil.  In 1851 the lawlessness of mere physical violence had come to a head.  By 1855 and 1856 there was added to a recrudescence of this disorder a lawlessness of graft, of corruption, both political and financial, and the overbearing arrogance of a self-made aristocracy.  These conditions combined to bring about a second crisis in the precarious life of this new society.

CHAPTER XIII

THE STORM GATHERS

The foundation of trouble in California at this time was formal legalism.  Legality was made a fetish.  The law was a game played by lawyers and not an attempt to get justice done.  The whole of public prosecution was in the hands of one man, generally poorly paid, with equally underpaid assistants, while the defense was conducted by the ablest and most enthusiastic men procurable.  It followed that convictions were very few.  To lose a criminal case was considered even mildly disgraceful.  It was a point of professional pride for the lawyer to get his client free, without reference to the circumstances of the time or the guilt of the accused.  To fail was a mark of extreme stupidity, for the game was considered an easy and fascinating one.  The whole battery of technical delays was at the command of the defendant.  If a man had neither the time nor the energy for the finesse that made the interest of the game, he could always procure interminable delays during which witnesses could be scattered or else wearied to the point of non-appearance.  Changes of venue to courts either prejudiced or known to be favorable to the technical interpretation of the law were very easily procured.  Even of shadier expedients, such as packing juries, there was no end.

With these shadier expedients, however, your high-minded lawyer, moving in the best society, well dressed, proud, looked up to, and today possessing descendants who gaze back upon their pioneer ancestors with pride, had little directly to do.  He called in as counsel other lawyers, not so high-minded, so honorable, so highly placed.  These little lawyers, shoulder-strikers, bribe-givers and takers, were held in good-humored contempt by the legal lights who employed them.  The actual dishonesty was diluted through so many agents that it seemed an almost pure stream of lofty integrity.  Ordinary jury-packing was an easy art.  Of course the sheriff’s office must connive at naming the talesmen; therefore it was necessary to elect the sheriff; consequently all the lawyers were in politics.  Of course neither the lawyer nor the sheriff himself ever knew of any individual transaction!  A sum of money was handed by the leading counsel to his next in command and charged off as “expense.”  This fund emerged considerably diminished in the sheriff’s office as “perquisites.”

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The Forty-Niners from Project Gutenberg. Public domain.