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most solemn and awful that ever man was called upon to decide。
Gentlemen； I have listened attentively to the evidence； and have
perceived that the weight of it； the overwhelming weight of it； is in
favor of the plaintiff Hyde。 I have listened also to the remarks of
counsel； with high interestand especially will I commend the masterly
and irrefutable logic of the distinguished gentleman who represents the
plaintiff。 But gentlemen； let us beware how we allow mere human
testimony； human ingenuity in argument and human ideas of equity； to
influence us at a moment so solemn as this。 Gentlemen； it ill becomes
us； worms as we are； to meddle with the decrees of Heaven。 It is plain
to me that Heaven； in its inscrutable wisdom； has seen fit to move this
defendant's ranch for a purpose。 We are but creatures； and we must
submit。 If Heaven has chosen to favor the defendant Morgan in this
marked and wonderful manner； and if Heaven； dissatisfied with the
position of the Morgan ranch upon the mountain side； has chosen to remove
it to a position more eligible and more advantageous for its owner； it
ill becomes us； insects as we are； to question the legality of the act or
inquire into the reasons that prompted it。 NoHeaven created the
ranches and it is Heaven's prerogative to rearrange them； to experiment
with them around at its pleasure。 It is for us to submit； without
repining。
I warn you that this thing which has happened is a thing with which the
sacrilegious hands and brains and tongues of men must not meddle。
Gentlemen； it is the verdict of this court that the plaintiff； Richard
Hyde； has been deprived of his ranch by the visitation of God！ And from
this decision there is no appeal。〃
Buncombe seized his cargo of law…books and plunged out of the court…room
frantic with indignation。 He pronounced Roop to be a miraculous fool； an
inspired idiot。 In all good faith he returned at night and remonstrated
with Roop upon his extravagant decision； and implored him to walk the
floor and think for half an hour； and see if he could not figure out some
sort of modification of the verdict。 Roop yielded at last and got up to
walk。 He walked two hours and a half； and at last his face lit up
happily and he told Buncombe it had occurred to him that the ranch
underneath the new Morgan ranch still belonged to Hyde； that his title to
the ground was just as good as it had ever been； and therefore he was of
opinion that Hyde had a right to dig it out from under there and
The General never waited to hear the end of it。 He was always an
impatient and irascible man； that way。 At the end of two months the fact
that he had been played upon with a joke had managed to bore itself； like
another Hoosac Tunnel； through the solid adamant of his understanding。
CHAPTER XXXV。
When we finally left for Esmeralda； horseback； we had an addition to the
company in the person of Capt。 John Nye； the Governor's brother。 He had
a good memory； and a tongue hung in the middle。 This is a combination
which gives immortality to conversation。 Capt。 John never suffered the
talk to flag or falter once during the hundred and twenty miles of the
journey。 In addition to his conversational powers； he had one or two
other endowments of a marked character。 One was a singular 〃handiness〃
about doing anything and everything； from laying out a railroad or
organizing a political party； down to sewing on buttons； shoeing a horse；
or setting a broken leg； or a hen。 Another was a spirit of accommodation
that prompted him to take the needs； difficulties and perplexities of
anybody and everybody upon his own shoulders at any and all times； and
dispose of them with admirable facility and alacrityhence he always
managed to find vacant beds in crowded inns； and plenty to eat in the
emptiest larders。 And finally； wherever he met a man； woman or child； in
camp； inn or desert； he either knew such parties personally or had been
acquainted with a relative of the same。 Such another traveling comrade
was never seen before。 I cannot forbear giving a specimen of the way in
which he overcame difficulties。 On the second day out； we arrived； very
tired and hungry； at a poor little inn in the desert； and were told that
the house was full； no provisions on hand； and neither hay nor barley to
spare for the horsesmust move on。 The rest of us wanted to hurry on
while it was yet light； but Capt。 John insisted on stopping awhile。
We dismounted and entered。 There was no welcome for us on any face。
Capt。 John began his blandishments； and within twenty minutes he had
accomplished the following things； viz。： found old acquaintances in three
teamsters； discovered that he used to go to school with the landlord's
mother； recognized his wife as a lady whose life he had saved once in
California； by stopping her runaway horse； mended a child's broken toy
and won the favor of its mother； a guest of the inn； helped the hostler
bleed a horse； and prescribed for another horse that had the 〃heaves〃；
treated the entire party three times at the landlord's bar； produced a
later paper than anybody had seen for a week and sat himself down to read
the news to a deeply interested audience。 The result； summed up； was as
follows： The hostler found plenty of feed for our horses； we had a trout
supper； an exceedingly sociable time after it； good beds to sleep in； and
a surprising breakfast in the morningand when we left； we left lamented
by all！ Capt。 John had some bad traits； but he had some uncommonly
valuable ones to offset them with。
Esmeralda was in many respects another Humboldt； but in a little more
forward state。 The claims we had been paying assessments on were
entirely worthless； and we threw them away。 The principal one cropped
out of the top of a knoll that was fourteen feet high； and the inspired
Board of Directors were running a tunnel under that knoll to strike the
ledge。 The tunnel would have to be seventy feet long； and would then
strike the ledge at the same dept that a shaft twelve feet deep would
have reached！ The Board were living on the 〃assessments。〃 ＇N。B。This
hint comes too late for the enlightenment of New York silver miners； they
have already learned all about this neat trick by experience。＇ The Board
had no desire to strike the ledge； knowing that it was as barren of
silver as a curbstone。 This reminiscence calls to mind Jim Townsend's
tunnel。 He had paid assessments on a mine called the 〃Daley〃 till he was
well…nigh penniless。 Finally an assessment was levied to run a tunnel
two hundred and fifty feet on the Daley； and Townsend went up on the hill
to look into matters。
He found the Daley cropping out of the apex of an exceedingly sharp…
pointed peak； and a couple of men up there 〃facing〃 the proposed tunnel。
Townsend made a calculation。 Then he said to the men：
〃So you have taken a contract to run a tunnel into this hill two hundred
and fifty feet to strike this ledge？〃
〃Yes； sir。〃
〃Well； do you know that you have got one of the most expensive and
arduous undertakings before you that was ever conceived by man？〃
〃Why nohow is that？〃
〃Because this hill is only twenty…five feet through from side to side；
and so you have got to build two hundred and twenty…five feet of your
tunnel on trestle…work！〃
The ways of silver mining Boards are exceedingly dark and sinuous。
We took up various claims； and commenced shafts and tunnels on them； but
never finished any of them。 We had to do a certain amount of work on
each to 〃hold〃 it； else other parties could seize our property after the
expiration of ten days。 We were always hunting up new claims and doing a
little work on them and then waiting for a buyerwho never came。 We
never found any ore that would yield more than fifty dollars a ton； and
as the mills charged fifty dollars a ton for working ore and extracting
the silver； our pocket…money melted steadily away and none returned to
take its place。 We lived in a little cabin and cooked for ourselves； and
altogether it was a hard life； though a hopeful onefor we never ceased
to expect fortune and a customer to burst upon us some day。
At last； when flour