At Nevada City, with its pleasant homes scattered on the hills either side of the deep gorge of Deer Creek, the traveler lingers awhile to drink in the romance of the gold fields. Roses and poppies that bloom profusely in the front yards are "emblems of deeds that are done in their clime." The very soil, like the flowers that spring therefrom, suggests gold and the red blood so freely shed for it. Here and there are eloquent, though silent, reminders of the exciting days of placer mining and highway robbery, when Wells Fargo and Company brought treasure out of the mountains guarded by armed men.
At the court-house Nevada County is advertised as the banner gold county of California, with a total output of $300,000,000; a yellow block on exhibition represents the bullion taken from the Malakoff Mine in one month, and valued at $114,289. In a showcase at the Citizens' Bank are exhibited four of the buckshot which killed T. H. Girard on October 31, 1887. Also, a bit of hemp rope with a tag, on which is written:
"The end of J. C. P. Collins
Feb. 1, 1884
Compliments of Sheriff Carter."
In vain one may search for a similar reminder of the highwayman Darcy, the actual murderer of Will Cummins. But at the scene of the murder, the stage-driver of the present generation tells his passengers that Darcy was paroled several years ago, after spending thirty years in prison. He may add that Darcy, the ex-convict, is an inert and lifeless creature, married to a paroled woman as lifeless as himself.
Darcy's friends in Union City would not have it appear that their model citizen was a murderer. They protested stoutly, and in the end the tax-payers for thirty years were burdened with the care and keep of the criminal.
As it has already been remarked, murders in Nevada County were common enough; but a murder trial was almost unheard of.
The State tried Collins first. He had no friends, except of the baser sort; and his conviction might make it easier to convict Darcy. Mat Bailey and Mamie Slocum were important witnesses for the State; and Collins himself, poor debauchee though he was, was man enough to clear Mamie of all suspicion. She freely told of her conversation with him when he had recommended the gallantry of gentlemen of the road. And she admitted that she had always been haunted by the suspicion that the highwayman with whom Cummins had grappled might have been Collins, who had so strangely disappeared after the robbery. No; she could not identify him as the man who asked about Cummins' valise. She was not sure about his voice. She was too much frightened to be sure of anything.
As Collins seemed less interested in saving his own worthless life than in establishing the innocence of Mamie Slocum, he was promptly convicted. The judge sentenced him to be hanged on Friday, Feb. 1, 1884.
Sheriff Carter could not see why, if Collins was guilty, Darcy was not. But good souls from Union City showed how exemplary had been the life of their brother since he came among them, and the lawyer whom these good people employed pointed out the shame and disgrace that would be suffered by a worthy family if one bearing the name of Darcy should die upon the scaffold. It is strange that in such cases the lawyers on the other side do not show that the shame and disgrace come with the commission of the crime, and that honest punishment endured for the same is the one means left the criminal to atone for the injury he has done the good name of his family.
There was no doubt as to Darcy's guilt; and he was man enough to have paid the extreme penalty willingly. For thirty years he lived the monotonous round of prison life, becoming more and more like a dumb animal, and paroled at last in his old age little better than an automaton--the qualities of daring, thrift, and religious enthusiasm long since dead and gone.
Throughout the trial of both men, Henry Francis was an interested spectator. The court-room seemed to have a fascination for him, although he was now a rich man with important demands upon his time. It was whispered about that the Pennsylvanians had spent a hundred thousand dollars hunting the criminals down; and some people were fanciful enough to see in Henry Francis the highwaymen's Nemesis. He made a very dignified Nemesis indeed. He looked grave and thoughtful, and his newly acquired wealth lent dignity to his refined countenance.
But it occurred to John Keeler that somehow it appeared as if Francis imagined himself sitting at his own trial. He seemed to show an almost eager interest in the subterfuges and the raising of legal dust by means of which counsel for the defense endeavored to blind the eyes of the jurors. Keeler hardly dared to let his fancy run on to logical conclusions. It seemed too much like condemning a man without giving him a trial. Yet he could not help being haunted by the thought that some thieves are too shrewd to assume the risks of highway robbery. In his own mind this thought constituted the one valid argument against capital punishment. For if common scoundrels are to be executed what severer punishment is left for the more crafty villain? But he could see that a sensitive nature like that of Francis was capable of infinite suffering; and he thought of the words of Scripture, "Verily they have their reward."
