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CHAPTER I. AN ADVERTISEMENT.
 Cedar Gulch was, in 1851, a flourishing camp. There had been some good finds by the first prospectors, and a rush had of course followed. In many cases first discoveries proved illusive, but it was not so at Cedar Gulch. The ground turned out well, and although no extraordinary finds were made, the average was good all over the bottom, and there were few who were not doing fairly well.  
The scene was a busy one. Several hundreds of men were hard at work on the flat, which in winter was the bed of a wide stream, but which in summer was a mere thread of water among the rocks, scarce enough for washing purposes.
 
Everywhere were piles of stones and rubbish that had been brought up from the shafts; men toiled at windlasses; others emptied the buckets as they came up into swinging troughs or cradles; others again kept these supplied with water, and swung or rocked them, taking off the large stones that the motion brought to the surface, while the slush and mud ran out at the lower end. New-comers moved about watching the work with eager eyes, wishing that they had had the luck to get there among the early arrivals, and to take up a claim, for every foot of ground far down the valley had already been occupied, and [12] there was now no getting into a claim except by purchasing a share or altogether buying out the present holders.
 
One of the claims that was doing best was held by three men who had worked in partnership for the last two years, and who had been among the first to arrive at Cedar Gulch. They were known among the others as English Bill, Sim Howlett, and Limping Frank. Sim Howlett was perhaps the leader of the party. He had been one of the earliest gold-diggers, and was a square, powerfully built man. He was a man of few words, but the words when spoken were forcible. He was by no means quarrelsome, but was one whom few cared to quarrel with, even in a place where serious quarrels were of constant occurrence, and where revolvers cracked so often that the sound of a fray excited but little attention.
 
English Bill was a tall wiry man, hot of temper, but a general favourite. Generous with his money, always ready to lend a helping hand to anyone who was down on his luck, he also was a capital worker, and had, in spite of his rough clothes and the use of language as rough as that of his companions, a certain air which told that, like many others in the diggings, he was a gentleman by birth. Why these two men should have taken up with Limping Frank as a comrade was a matter of surprise to those who knew them. They were both men in the prime of life, while he was at least ten years their senior. His hair was already white; his face was that of a student rather than a miner, with a gentle and almost womanly expression. His frame was slight, and looked altogether incapable of hard work, and he walked with a distinct limp, the result of a bullet wound in the hip. And yet there were men in the gulch who, having known the trio at other diggings, declared that they would rather quarrel either with English Bill or Sim Howlett than with Limping Frank, and as some of them were desperate fellows, and noted pistol shots, their report was quite sufficient to secure respect for a man who otherwise would have been regarded with pity or contempt.
 
Very little of the hard work of the partnership fell upon [13] Frank. He cooked, looked after the shanty, did what washing and mending to the clothes was necessary, and occasionally came down and assisted to work the cradle and sort the stuff. They generally addressed him as doctor. Not that he made any profession of medical knowledge; but he was always ready to give his services in case of sickness, and many a miner had he pulled through fevers which, had it not been for his nursing and care, would have proved fatal.
 
"I can't make out what yer mean by saying I had best not quarrel with that little old atomy you call Limping Frank," a big, powerful fellow who had recently arrived at the camp said to one who had been talking over with him the characteristics of several of the miners. "I ain't very pertiklar who I quarrels with; but what on arth there can be in that little chap to make one keep clear of him beats me. Can he shoot?"
 
"You bet," the other replied. "He could put a bullet plumb between your eyes ten times following, the length of the long saloon up there. There ain't no better shot nor quicker anywhere on the slopes."
 
"But he don't look as if he could speak up for himself," the other said.
 
"No; and he doesn't speak up for himself, though his mates would be ready enough to speak up for him if anyone said anything to him. There is nothing quarrelsome about him. He is always for peace and order. He is a sort of Judge Lynch all to himself. He has cleared out one or two camps I have been at. When a chap gets too bad for anything, and takes to shooting over and above what is usual and right, 'specially if he draws on quiet sort of chaps and becomes a terror, then Limping Frank comes out. I was down at Dead Man's Gulch when there was a gang of three or four men who were a terror to the place. They had stretched out seven or eight between them, and Texan Jack, as the worst of them was called, one day shot down a young fellow who had just come into camp, for no reason at all, as far as any one knew. [14]
 
"I happened to be in the saloon five minutes afterwards, when Limping Frank came in. Texan Jack was standing drinking there with two of his mates, laughing and jawing. You would scarcely have known that little chap if you had seen him then! He had been nursing a mate of mine only the night before, and as I had been sitting near him I thought what a gentle sort of face he had—more like a woman's than a man's. But now his eyes were wide open and his lips closed, and there was just a set look in his face that I knew meant mischief—for I had seen him once before when his dander was up—and I put my hand into my back pocket for my pistol, for I knew there was going to be a muss. He stopped in the middle of the room, and he said in a loud, clear voice that made every one look sharp round, 'Texan Jack, murderer and villain, we have borne with you too long. If you are a man, draw.' Texan Jack stared with astonishment.
 
"'Are you mad, you little fool?' he said.
 
"'Draw, or I will shoot you down as you stand,' Limping Frank said, and the Texan saw that he meant mischief. Frank had no weapon in his hand, for he was not one to take an advantage. The Texan carried his weapon up his sleeve, but quick as he was with it, Frank was as quick, and the two pistols cracked pretty well at the same moment. Frank got a ball in the shoulder, but the Texan fell dead with a bullet in the centre of his forehead. His two mates drew in a moment, but Frank's revolver cracked twice as quick as you could count them, and there were just three bodies lying dead in a heap. Then he put up his pistol, and said in his ordinary quiet voice, 'I don't like these things, but we must have peace and order. Will some of you tell the others that they had better git.' And you bet they did git. Limping Frank never said another word about it, but got his arm in a sling, and half an hour afterwards I saw him quietly cooking his mates' dinner while they were both standing by blowing him up for starting out without them to back him."
 
"What did he say?" the new-comer asked. [15]
 
"I heard him say, 'It is no use your going on like that, mates. If you had gone down he would have got his friends, and then there would have been a general fight, and several would have got hurt. When you have murderers like these you don't want a fight—you want an execution; and having a sort of natural knack with the pistol, I took it upon myself to be executioner.'
 
"There was another case, although it didn't happen at the camp I was at, in which a woman was murdered by a half-breed Mexican. I did not hear the circumstances, but it was a shocking bad case. She left a child behind her, and her husband, a little German, went clean off his head.
 
"Next morning Limping Frank was missing. All that was known was that he had bought a horse of a man who had come in late the night before, and was gone. His two mates looked high and low for him, but said at last they guessed he would turn up again. It was well-nigh two months before he came back. He brought back with him a watch and some trinkets that had been stolen from the murdered woman, and it seems that he had followed the fellow right down into New Mexico, and had shot him there. The man who told me said he never made any talk about it, but was at work as usual the morning after he came back. I tell you I would rather quarrel with Sim Howlett and English Bill together than I would get that little man's dander up. He is a peacemaker too, he is, and many a quarrel he has smoothed down. At one camp we were in we made him a sort of judge, and whenever there was a dispute about claims, or tools, or anything else, we went to him and he decided, and no judge could have gone into the case fairer or given a better judgment; and though, in course, those he decided against were not pleased, they had to put up with it. In the first place, the camp was with him; and in the second, there ain't much use disputing with a judge who can shoot as straight as he can, and is ready to do it if necessary."
 
The three partners had finished their day's work, and sat [16] down to a meal of tea, steak, and corn-cakes that Limping Frank had prepared for them.
 
"We shall have to be moving from here soon," the Englishman said. "Another week and our claim will be worked out. We have not done badly, on the whole. The question is, had we better buy up somebody else's claim and go on working here, or make a start for some fresh field?"
 
"I vote for a move," Sim Howlett said. "I don't say the claim hasn't panned out well, but there is no excitement about it. The gold lies regular right through the gravel, and it is almost as bad as working for wages. You can always tell within an ounce or so what there will be when you come to clean up the cradle. I like a bit of excitement. Nothing one day and eight or ten ounces the next."
 
"It comes to the same thing in the long run," the Englishman said. "We don't get very much forwarder. Grub costs a lot of money, and then what there is over and above slips through our fingers somehow. The gambling-tables take a large share of mine; and your weakness for champagne, Sim, when you break out about once a month, makes a hole in yours; and as to Frank's, he spends half his in getting meat for soups and wines and medicines for his patients."
 
"What is one to do?" Frank said apologetically. "One cannot see people die for want of ordinary necessaries. Besides, Bill, you give away a lot too."
 
"Only my money is not so well spent as yours, doctor."
 
"Well, no, I don't think it is."
 
"I suppose it comes to the same thing in the end. I don't want to lay by money. What should I do with it if I had it?"
 
"You don't want to lay by money because you are strong, and can go on earning it for years yet; and you both know very well that if you had a hundred thousand dollars you would chuck it all away in six months."
 
Sim Howlett laughed aloud.
 
"Perhaps you are right, doctor," English Bill said. "But if [17] your argument means anything, it means that we are fools for working as hard as we do."
 
"Not at all," the doctor said gently. "You don't earn more than you want, as is shown by the fact that you lay by so little, and that we haven't more than enough dust in our sack to keep us for a month or two if we don't happen to strike it in the next claim we take up. No; I think we earn just enough. If you earned three times as much you would go three times as often to that cursed gambling-table, and it would be bad for your temper. If Sim earned three times as much he would go on the spree three times as often, and it would be bad for his health. If I were to earn three times as much, I should have three times as many patients to attend to, and I couldn't stand such a strain; so you see we are just right as we are," and he nodded pleasantly to his two comrades.
 
"You are the most perplexing beggar I ever came across, doctor," the Englishman said, "and I have seen some rum specimens during the twenty years I have been knocking about in the States."
 
The little man nodded as if it had been a compliment.
 
"I know, Bill. That is what I think myself sometimes; there is a tile just a little loose somewhere."
 
"Not at all, not at all," Bill said hotly; while Sim Howlett growled that he would like to hear any one else say so.
 
"Not off, you know," Frank said, "but just a little loose. I know, dear boys. You see my machine gets muddled up. It may work right enough sometimes, but the chances are that a cog has got bent, or that there is a little twist in a crank, and the thing never works quite even. It just catches, you know—rattles now and then. You may look it all over as much as you like, but you cannot spot where it is. You say it wants grease, but you may pour bucketfuls over it and it makes no difference. There"—and he broke off—"they are at it again up in that saloon."
 
Two or three pistol-shots rang out in the evening air.
 
"Things are not going on as they ought to," he went on [18] quietly. "That is another machine that wants regulating. There are more bad men in this camp than there ought to be."
 
"Don't you worry yourself," Bill said hastily. "You cannot expect a mining camp to be a sort of paradise, doctor, and all the bad men kept outside. Things have been going on pretty smooth of late. It has been quite a peaceful camp."
 
"I don't like the ways of that man Symonds the gambler," the doctor said meditatively, with his head a little on one side.
 
"He is a bad lot," Sim Howlett agreed; "but he is going. I heard tell yesterday that he said he was going down to Frisco at the end of the week; and if he doesn't go, Bill and I will get a dozen other fellows to go with us and tell him that he had better git, or the air of this camp is likely to be unhealthy for him."
 
"Well, if that is so we need not think any more about it," the doctor said. "I dreamt last night I saw him with a bullet mark in the centre of his forehead; but perhaps that was a mistake, or the mark will not come at present. It will come sooner or later," he added musingly, "but perhaps not for a good time yet."
 
"Well, well," Sim Howlett broke in, "we are wandering about like green hands lost in a sage-bush. We started by talking about whether, when we have worked up our claim, we shall stop here or foot it."
 
"If we foot it, where do you propose to go, Sim?"
 
"I heard this morning that they are doing well in that new place they call Gold Run. Then, again, you know we have always had a fancy for a month's prospecting up at the head of the Yuba. The gold must come from somewhere, though nobody has ever hit the spot yet."
 
"I am ready to go where you like, Sim," the doctor said; "but as I have often told you before, you miners are altogether wrong in your notions, as any one can see with half an eye by the fact, that whether you are down here in the bottom of a gulch, or whether you are up on those flats, 2000 feet above us, you always find gravel. Now those flats were once the [19] bed of a great river, that was when the mountains round were tens of thousands of feet higher than they are now; they must have been all that or there would never be water enough for such a river as that must have been. That river must have rolled on for thousands of years, for the gravel, which you can see in some places is 500 feet thick, is all water-worn; whether it is big boulders or little stones, it has all been rolled about.
 
"Well, in time these mountains were all worn away. There wasn't water then for the big river, and the water from the hills, as you see them now, began to cut fresh channels, and this Yuba, which is one of them, lies a thousand feet below the old gravel bed. In some places it has crossed the old bed, and the gold that came down from the former mountains into the gravel has been washed down into these valleys. You will never find, as you all dream of doing, a quartz vein stuck full of gold. There may have been veins like that in the old mountains, but the quartz veins that you find now, and lots of them have been assayed, are all very poor; they have got gold in them, but scarce enough to pay for working even when they get the best machinery. I fancy gold goes off with depth, though why it should I cannot say, and that these quartz veins which near the surface had big nuggets, and were choke-full of small stuff, just pettered away to nothing as they went deeper. That is why I think, Sim, that you will find no quartz reefs worth working anywhere now, and why you are less likely to find much pay dirt in the upper gorges, because the water there has not gone through the old gravel fields as it has in its windings lower down."
 
"But according to that, doctor, we should find it richest of all if we were to sink in the bed of the river down by the plains."
 
"Not at all, not at all, Bill. From the point where the Yuba's course leaves the old gravel bed of the big river and makes its own way through hills down to the plains it has picked up no more gold. As you know the big nuggets are generally found pretty high up, as was natural they should be, for as soon as [20] the new river washed them out of the old bed they would sink down in some convenient hole; and as in the course of ages the Yuba cut down deeper and deeper, they would go down too. Their weight would prevent their rolling far; the light stuff would wash down, moving onwards with the sands and gravel. And so, as you search lower down, you get better surface washings, but find less coarse gold."
 
"I dare say you are right, doctor," Sim Howlett said yawning, "so we won't go prospecting up in the hills, though some nice little finds have been made up there in spite of what you say. I vote we leave it open until we have cleared up, and then look round. A new rush may be started before a week is over, and if we are ready to move at once we may manage to take up claims in the thick of it; if one isn't pretty early at a new place, one may just as well stay away altogether. There is the horn. The mail is late to-night. I will go out and see if I can get hold of a Sacramento paper—one sees all about the new places there. Not that one need swallow all they say, for the lies about what is being got are tremendous. One fellow strikes it rich, and then they put it in that every fellow in the camp is making from four to ten ounces a day. I believe most of these lies come from the store-keepers. Of course, it is to their interest to get up a rush to places where they have set up their stores, and if a newspaper man comes along they lay it on thick. Well, here goes;" and throwing on his wide-awake, Sim Howlett sauntered off.
 
In a quarter of an hour he returned with a newspaper. "Here you are, Bill, you may as well do the reading. I am out of practice, and the doctor is not to be depended upon, and will miss the very bits we want to know."
 
Taking the paper the Englishman read the columns devoted to reports from the mining camps. A stranger would have thought from the perusal that every miner on the Pacific slope must have been making a fortune, so brilliant were the accounts of the gold that was being obtained in every mining camp. "John Wilkins and party obtained at their week's clear-up 304 [21] ounces of gold, including many fine nuggets. Many others have met with almost equal good fortune; the sand on the shoulder is panning out very rich."
 
Such was a sample of the descriptions. The three men were unmoved by them. They knew too well how untrustworthy were the reports. Many were, as has been said, the work of the store-keepers; others were the invention of miners desirous of disposing of their claims to new-comers, and shifting to more promising regions. Little was said of the fabulous prices of provisions, of the fever that decimated some of the camps, of the total abandonment of others; and yet even the miners, although knowing by frequent experience that no dependence could be placed on these reports, were prone to cling to the hope that this time they were correct, and the roads were thronged by parties who, having failed at one camp, were making their way to a distant location of which they had heard brilliant reports, and who were met, perhaps, on their way by parties coming from that very camp to the one they had just quitted.
 
"It sounds well," the doctor said with a quiet smile when the reading was concluded.
 
"Sounds be blowed!" Sim growled. "They are thundering lies. What do they say of this camp?—read it again, Bill."
 
"It is difficult to get at the exact state of things at Cedar Gulch. Men who are doing well are always reticent as to their earnings; but there is little doubt that all are doing well, and that while those working in companies are obtaining very large results, the average through the camp is not less than from two to three ounces a day."
 
"The camp is not doing badly," Sim remarked. "There are mighty few here who ain't earning their grub. I don't believe there is one who is making from three to four ounces a day, not regular. Of course if he comes on a pocket, or strikes the bed rock, he may earn a good bit over that, ten times as much perhaps in a day; but take it all round, an ounce, or at most an ounce and a quarter, would be the outside."
 
English Bill nodded. "I should say an ounce at the outside. There are scores who ain't earning half an ounce regular, and [22] there are a few who have to run into debt for their grub. Well, there is nothing very tempting in that lot of notices. We have tried a good many of them in the last two years, and at any rate we have got another week before we need make up our minds. I expect it will come again, Bill, to what it has come to half a dozen times before. Write all the names on a piece of paper, put them into a bag, let the doctor draw one, and go for it. It is as good a plan as another, and the doctor's luck has always pulled us through."
 
Sim and the Englishman stretched themselves upon their blankets and lay there smoking, while Limping Frank squatted down by the side of the solitary candle and began to look at the small portion of the paper devoted to general news. This was soon finished, and then he ran his eye over the advertisements. These principally related to articles in demand by miners—patent rockers and cradles, picks and shovels, revolvers and bowie-knives, iron houses for stores, tents, clothing, waterproof boots, and flannel shirts. Then there was a column of town lots in Sacramento, notices of steamers starting for San Francisco, notices of stolen horses, offers of rewards for the capture of notorious criminals, and advertisements for missing friends.
 
"Bill," he said presently.
 
"Hello!" said the Englishman with a start. He had just laid his pipe down and was already dozing.
 
"Didn't you once say your name was Tunstall?"
 
"Yes, that's it, though I have pretty well forgotten it. What is it?"
 
"Well, there is an advertisement here that may relate to you."
 
"What is it, say? I haven't been running off with a horse, or shooting a sheriff, so I don't know why they are advertising for me."
 
"Five hundred dollars reward. The above sum will be paid by James Campbell, attorney, San Francisco, to any one who will give him information as to the whereabouts of William Tunstall, who was last heard of four years ago in California. The said [23] William Tunstall is entitled to property in England under the will of his brother, the late Edgar Tunstall of Byrneside, Cumberland."
 
"That's me," the Englishman said, sitting upright and staring at the doctor. "Well, well, so Edgar has gone, poor lad! Well, I am sorry."
 
Sim Howlett had also roused himself at the news. "Well, Bill, I was going to congratulate you," he said; "but that doesn't seem the light you take the news in."
 
"No, I am not thinking of money," the other said. "I could have had that long ago if I had chosen to take it. I was thinking of my brother. It is twenty years since I saw him, and I don't suppose I should have ever seen him again any way; but it is a shock to know that he has gone. It never was his fault, and I am sorry now I held off so. I never thought of this. It has come to me sometimes that when I got old and past work I might go back to the old place and end my days there; but I never thought that he would go before me. I am sorry, mates, more sorry than I can say."
 
"How was it, Bill?" the doctor asked. "Don't tell us if you don't like; it is no business of ours. Here in the diggings there are few men who talk of old times. Their eyes are all on the future, and what they will do with their wealth when they gain it; but no one asks another as to his past history. The answer might sometimes be a pistol-shot. Here we three have been living together for more than two years and not one of us has wanted to know what the others were before we met. It is quite an accident that I know your name. You gave it when you gave evidence as to the murder of that old German that we hung Red Hugh for. It struck me it was an odd name then, but I never thought of it again until I saw it in the paper. And you said once—it was Christmas Day, I remember—you said there was a home for you in England if you liked to go to it."
 
"I will tell you the story," the Englishman said. "I would have told it to you long ago, only there was nothing in it to tell you. It was just what has happened ten thousand times, [24] and will happen as often again. My father was one of the largest land-owners in Cumberland. I was his eldest son. We never got on well together. He was cold and haughty, a hard landlord, and a despot at home. We should have quarrelled earlier than we did; but I was sent to Rugby, and often did not even come home for the holidays, for I had a good many friends in those days. I went back when I was eighteen, and was to have gone to college a month or two later. I made a fool of myself, as boys do, and fancied I was in love with one of our tenants' daughters.
 
"Some meddling busybody—I always thought it was the parson's wife, for she drove along one evening just as I was saying good-bye to the girl at the stile—told my father about it, and there was a frightful row. For once he got in a passion, and I lost my temper too. It was really a harmless flirtation, I think, and would have died out when I went off to college. However, when my father swore that if I ever spoke to her again he would turn me out of the house, I said he might do as he liked, and that I would marry her when I came of age. He ordered me to leave the house and never see his face again; said that I was no longer his son, and might go to the devil, or words to that effect. So, being just as obstinate in my way as he was in his, I went, and never did see him again. Of course, I went first to see the girl. She was frightened out of her life when she heard of what had happened, said that her father would be turned out of his house, and all sorts of things, and at any rate she would have nothing more to say to me.
 
"So I walked to Liverpool, and took my berth in the first sailing ship to the States. My brother Edgar, who was two years younger than I, was away at the time. We had always been capital friends. Ten years later, when my father died, he advertised for me, and, the name being an uncommon one, someone pointed it out to me, and I answered. He wrote most affectionately, and lamented that our father had died without forgiving me, and had not only cut me entirely out of his will, but had, knowing his affection for me, inserted a clause [25] that should he endeavour to alter the purport of the will, or to hand over by deed or otherwise any part or share of the estates to me, the property should revert at once to a distant relative. Edgar said, however, that he had consulted his lawyers, and they were of opinion that this clause in no way affected his power to dispose of his income drawn from the estate, and that he proposed to share this equally with me.
 
"I wrote back that while I was obliged to him for his offer I should not accept it, for, as the property was not entailed, our father had a perfect right to leave it as he liked. He had left it to him, and there was an end of it. We exchanged several letters, but I was just as obstinate as my father had been. I was too busy or too lazy for letter-writing. Somehow no one writes here, and then one is constantly on the move. Anyhow, I had one or two letters from him which I never answered. The last was three or four years ago. And now he is dead, and I suppose has left me some of the property I would not take during his lifetime. Of course I was a fool, and an obstinate fool, all along, but one never acknowledges this until it is too late."
 
The others made no remark for some time.
 
"Well, anyhow, Bill, you ought to go down to Frisco and see this lawyer."
 
"I will think it over," the other said as, after relighting his pipe, he lay back on the blankets again; "there is no hurry for a day or two."
 
No further mention was made of the matter until the claim was cleared up, but that evening Bill returned to the subject. "I have thought it over, and I suppose I had better go down to Frisco. I don't think I shall take this money. I should be like a fish out of water in England, and should be miserable there. If I take anything it will be a thousand pounds or so. I should sink that in buying a snug little place on the foothills, and I should put somebody on to work it and plant it up with fruit-trees or vines, or that sort of thing, and then some day when I get too old for knocking about I shall settle [26] down there; and I needn't say that my home will also be yours, mates. I sha'n't be much more than a week away. I shall come back here, and if you hear of anything before I return leave a line with the store-keeper telling me where you are off to. I have my kit packed, and if I start in half an hour I shall catch the night coach as it comes along past the top of the gulch."
 
Sim Howlett made no comment, but simply observed, "I expect you will find us here." But just as Bill was starting the doctor put his hand on his arm and said, "Don't do anything hasty, mate. You see you made rather a mess of your life by putting your foot down before when it seems there was no occasion for it. There is never any good comes of making up your mind in a hurry when there is no need for it. When you see a man slipping his hand round towards his back trouser-pocket, I allow that is not the time for thinking. You have got to act, and to act mighty sharp too, or you will get a bullet in you before you have drawn; but in a thing of this sort it makes no difference whether you decide now or six months hence. You need only write and say that you are found, and ask for particulars and so on, and when you have got them you can take your time about giving an answer. Many men before now have refused a good thing and been sorry for it afterwards. Your brother, according to your own account, has acted kindly and well towards you. Why should you refuse what he wished you to have, merely because you think that it ought to have come to you in the first place? That is all I have to say, Bill;" and he walked slowly back to the tent, while Bill started at a steady pace up the long steep hill from the gulch to the plateau above, along which ran one of the principal roads from Sacramento through the mining district.
 
"We shall miss him, Sim," Limping Frank said as he and his mate lighted their pipes after their meal that evening. "It seems kinder lonely without him after sitting down regularly for two years now." [27]
 
"He ain't gone yet," Sim growled, "and I don't think as he is going. What Bill said he will stick to, you bet."
 
"Oh, yes! he means what he says, Sim. Bill has gone away from here with the fixed idea of going down there, writing a letter or two, coming back here, waiting for his money to come over, investing it in a farm, and going on working with us just as before; but, bless you, it is one thing to make up your mind and another to carry it out."
 
"What is to prevent his carrying it out, doctor?"
 
"Lots of things, Sim. When a man once gets mixed up in a will, or in any kind of law business, he ceases to be a free agent."
 
"Ceases to be what, doctor?"
 
"Well, he ceases to be his own master. Bill thinks he has only got to go into a lawyer's office, and say,—'Here I am. I am the chap mentioned in that advertisement. I dare say my brother has left me a good lot, but I don't want it. Just write and tell them to send me on five thousand dollars, that's all I want out of it. I am going back to Sacramento to-morrow. When the money comes pay it into the bank there for me.' Then he thinks that he will have a day's spree at Frisco, and come back by steamer next day."
 
"And why shouldn't he? What is to hinder him?"
 
"Well, it won't be like that, Sim, at all. When he goes in and says 'I am William Tunstall,' the lawyer will say, 'I am heartily glad to see you, sir. Allow me to congratulate you;' and he will shake Bill by the hand, and Bill will say to himself, 'This is just as it should be. Five minutes will do this job. I will go out and look up two or three friends who are in from the mines, and we will have a bottle of champagne a-piece over this business.' Just as he has thought that over the lawyer will say to him, 'Of course you are in a position to prove that you are the Mr. Tunstall advertised for.' Bill will say, 'Oh, yes! here are my brother's letters.' Then the lawyer will smile and nod and say, 'Most satisfactory,' and then he will add, 'Of course, you are in a position to prove that you [28] are the person to whom these letters were sent? Of course, I don't doubt it for a moment, but letters do get lost, you know, and fall into other people's hands. In a matter of this kind we must proceed in a legal and business way.' Then Bill will say, 'Of course, I can prove that. There is Sim Howlett and Frank Bennett, my mates. They know I am Bill Tunstall.' 'They knew you before you came out here, I suppose?' 'Oh, no! but they have known me for two years.' 'Known you as William Tunstall?' 'Yes, of course,' Bill will say, beginning to get riled. Then the lawyer will point out to him that we can only say that he called himself Will Tunstall, and that as the last of these letters he has got is dated earlier than that it comes to the fact that there is only his word to go upon, and that the law requires very much stronger proofs of identity than this. Then Bill will get mad, and will say the money can go to the deuce, and that he sha'n't trouble any more about it."
 
"What then, doctor?" Sim Howlett asked as his companion stopped.
 
"Ah! well, that I cannot say. He may come straight off without doing anything more, or the lawyer may get him to talk it over. As to that I cannot say; but you may be quite sure that if Bill is to touch a penny of the money left to him he will have to go back to England to prove who he is, and it is like enough he may not succeed when he gets there. By what he says he was only at home just occasionally during his school holidays. He was little more than a boy when he left, and after twenty years' knocking about on the plains and here it is like enough he may not be able to find a soul to recognize him." 


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