meanwhile roscommon had waited. then, in garcia's name, and backed by him, he laid his case before the land commissioner, filing the application (with forged indorsements) to governor micheltorena, and alleging that the original grant was destroyed by fire. and why?
it seemed there was a limit to miss carmen's imitative talent. admirable as it was, it did not reach to the reproduction of that official seal, which would have been a necessary appendage to the governor's grant. but there were letters written on stamped paper by governor micheltorena to himself, garcia, and to miguel, and to manuel's father, all of which were duly signed by the sign manual and rubric of mrs.-governor-micheltorena-carmen-de-haro. and then there was “parol” evidence, and plenty of it; witnesses who remembered everything about it,—namely, manuel, miguel, and the all-recollecting de haro; here were details, poetical and suggestive; and dame-quicklyish, as when his late excellency, sitting not “by a sea-coal fire,” but with aguardiente and cigarros, had sworn to him, the ex-ecclesiastic miguel, that he should grant, and had granted, garcia's request. there were clouds of witnesses, conversations, letters, and records, glib and pat to the occasion. in brief, there was nothing wanted but the seal of his excellency. the only copy of that was in the possession of a rival school of renaissant art and the restoration of antiques, then doing business before the land commission.
and yet the claim was rejected! having lately recommended two separate claimants to a patent for the same land, the land commission became cautious and conservative.
roscommon was at first astounded, then indignant, and then warlike,—he was for an “appale to onst!”
with the reader's previous knowledge of roscommon's disposition this may seem somewhat inconsistent; but there are certain natures to whom litigation has all the excitement of gambling, and it should be borne in mind that this was his first lawsuit. so that his lawyer, mr. saponaceous wood, found him in that belligerent mood to which counsel are obliged to hypocritically bring all the sophistries of their profession.
“of course you have your right to an appeal, but calm yourself, my dear sir, and consider. the case was presented strongly, the evidence overwhelming on our side, but we happened to be fighting previous decisions of the land commission that had brought them into trouble; so that if micheltorena had himself appeared in court and testified to his giving you the grant, it would have made no difference,—no spanish grant had a show then, nor will it have for the next six months. you see, my dear sir, the government sent out one of its big washington lawyers to look into this business, and he reported frauds, sir, frauds, in a majority of the spanish claims. and why, sir? why? he was bought, sir, bought—body and soul—by the ring!”
“and fwhot's the ring?” asked his client sharply.
“the ring is—ahem! a combination of unprincipled but wealthy persons to defeat the ends of justice.”
“and sure, fwhot's the ring to do wid me grant as that thaving mexican gave me as the collatherals for the bourd he was owin' me? eh, mind that now!”
“the ring, my dear sir, is the other side. it is—ahem! always the other side.”
“and why the divel haven't we a ring too? and ain't i payin' ye five hundred dollars,—and the divel of ring ye have, at all, at all? fwhot am i payin' ye fur, eh?”
“that a judicious expenditure of money,” began mr. wood, “outside of actual disbursements, may not be of infinite service to you i am not prepared to deny,—but—”
“look ye, mr. sappy wood, it's the 'appale' i want, and the grant i'll have, more betoken as the old woman's har-rut and me own is set on it entoirely. get me the land and i'll give ye the half of it,—and it's a bargain!”
“but my dear sir, there are some rules in our profession,—technical though they may be—”
“the divel fly away wid yer profession. sure is it better nor me own? if i've risked me provisions and me whisky, that cost me solid goold in frisco, on that thafe garcia's claim, bedad! the loikes of ye can risk yer law.”
“well,” said wood, with an awkward smile, “i suppose that a deed for one half, on the consideration of friendship, my dear sir, and a dollar in hand paid by me, might be reconcilable.”
“now it's talkin' ye are. but who's the felly we're foighten, that's got the ring?”
“ah, my dear sir, it's the united states,” said the lawyer with gravity.
“the states! the government is it? and is't that ye're afeared of? sure it's the government that i fought in me own counthree, it was the government that druv me to ameriky, and is it now that i'm going back on me principles?”
“your political sentiments do you great credit,” began mr. wood.
“but fwhot's the government to do wid the appale?”
“the government,” said mr. wood significantly, “will be represented by the district attorney.”
“and who's the spalpeen?”
“it is rumored,” said mr. wood, slowly, “that a new one is to be appointed. i, myself, have had some ambition that way.”
his client bent a pair of cunning but not over-wise grey eyes on his american lawyer. but he only said, “ye have, eh?”
“yes,” said wood, answering the look boldly; “and if i had the support of a number of your prominent countrymen, who are so powerful with all parties,—men like you, my dear sir,—why, i think you might in time become a conservative, at least more resigned to the government.”
then the lesser and the greater scamp looked at each other, and for a moment or two felt a warm, sympathetic, friendly emotion for each other, and quietly shook hands.
depend upon it there is a great deal more kindly human sympathy between two openly-confessed scamps than there is in that calm, respectable recognition that you and i, dear reader, exhibit when we happen to oppose each other with our respective virtues.
“and ye'll get the appale?”
“i will.”
and he did! and by a singular coincidence got the district attorneyship also. and with a deed for one half of the “red-rock rancho” in his pocket, sent a brother lawyer in court to appear for his client, the united states, as against himself, roscommon, garcia, et al. wild horses could not have torn him from this noble resolution. there is an indescribable delicacy in the legal profession which we literary folk ought to imitate.
the united states lost! which meant ruin and destruction to the “blue mass company,” who had bought from a paternal and beneficent government lands which didn't belong to it. the mexican grant, of course, antedated the occupation of the mine by concho, wiles, pedro, et al., as well as by the “blue mass company,” and the solitary partners, biggs and thatcher. more than that, it swallowed up their improvements. it made biggs and thatcher responsible to garcia for all the money the grand master of avarice had made out of it. mr. district attorney was apparently distressed, but resigned. messrs. biggs and thatcher were really distressed and combative.
and then, to advance a few years in this chronicle, began real litigation with earnestness, vigor, courage, zeal, and belief on the part of biggs and thatcher, and technicalities, delay, equivocation, and a general fabian-like policy on the part of garcia, roscommon, et al. of all these tedious processes i note but one, which for originality and audacity of conception appears to me to indicate more clearly the temper and civilization of the epoch. a subordinate officer of the district court refused to obey the mandate ordering a transcript of the record to be sent up to the united states supreme court. it is to be regretted that the name of this ephesian youth, who thus fired the dome of our constitutional liberties, should have been otherwise so unimportant as to be confined to the dusty records of that doubtful court of which he was a doubtful servitor, and that his claim to immortality ceased with his double-feed service. but there still stands on record a letter by this young gentleman, arraigning the legal wisdom of the land, which is not entirely devoid of amusement or even instruction to young men desirous of obtaining publicity and capital. howbeit, the supreme court was obliged to protect itself by procuring the legislation of his functions out of his local fingers into the larger palm of its own attorney.
these various processes of law and equity, which, when exercised practically in the affairs of ordinary business, might have occupied a few months' time, dragged, clung, retrograded, or advanced slowly during a period of eight or nine years. but the strong arms of biggs and thatcher held possession, and possibly, by the same tactics employed on the other side, arrested or delayed ejectment, and so made and sold quicksilver, while their opponents were spending gold, until biggs, sorely hit in the interlacings of his armor, fell in the lists, his cheek growing waxen and his strong arm feeble, and finding himself in this sore condition, and passing, as it were, made over his share in trust to his comrade, and died. whereat, from that time henceforward, royal thatcher reigned in his stead.
and so, having anticipated the legal record, we will go back to the various human interests that helped to make it up.
to begin with roscommon: to do justice to his later conduct and expressions, it must be remembered that when he accepted the claim for the “red-rock rancho,” yet unquestioned, from the hands of garcia, he was careless, or at least unsuspicious of fraud. it was not until he had experienced the intoxication of litigation that he felt, somehow, that he was a wronged and defrauded man, but with the obstinacy of defrauded men, preferred to arraign some one fact or individual as the impelling cause of his wrong, rather than the various circumstances that led to it. to his simple mind it was made patent that the “blue mass company” were making money out of a mine which he claimed, and which was not yet adjudged to them. every dollar they took out was a fresh count in this general indictment. every delay towards this adjustment of rights—although made by his own lawyer—was a personal wrong. the mere fact that there never was nor had been any quid pro quo for this immense property—that it had fallen to him for a mere song—only added zest to his struggle. the possibility of his losing this mere speculation affected him more strongly than if he had already paid down the million he expected to get from the mine. i don't know that i have indicated as plainly as i might that universal preference on the part of mankind to get something from nothing, and to acquire the largest return for the least possible expenditure, but i question my right to say that roscommon was much more reprehensible than his fellows.
but it told upon him as it did upon all over whom the spirit of the murdered concho brooded,—upon all whom avarice alternately flattered and tortured. from his quiet gains in his legitimate business, from the little capital accumulated through industry and economy, he lavished thousands on this chimera of his fancy. he grew grizzled and worn over his self-imposed delusion; he no longer jested with his customers, regardless of quality or station or importance; he had cliques to mollify, enemies to placate, friends to reward. the grocery suffered; through giving food and lodgment to clouds of unimpeachable witnesses before the land commission and the district court, “mrs. ros.” found herself losing money. even the bar failed; there was a party of “blue mass” employees who drank at the opposite fonda, and cursed the roscommon claim over the liquor. the calm, mechanical indifference with which roscommon had served his customers was gone. the towel was no longer used after its perfunctory fashion; the counter remained unwiped; the disks of countless glasses marked its surface, and indicated other preoccupation on the part of the proprietor. the keen grey eyes of the claimant of the “red-rock rancho” were always on the lookout for friend or enemy.
garcia comes next. that gentleman's inborn talent for historic misrepresentation culminated unpleasantly through a defective memory; a year or two after he had sworn in his application for the “rancho,” being engaged in another case, some trifling inconsistency was discovered in his statements, which had the effect of throwing the weight of evidence to the party who had paid him most, but was instantly detected by the weaker party. garcia's preeminence as a witness, an expert and general historian began to decline. he was obliged to be corroborated, and this required a liberal outlay of his fee. with the loss of his credibility as a witness bad habits supervened. he was frequently drunk, he lost his position, he lost his house, and carmen, removed to san francisco, supported him with her brush.
and this brings us once more to that pretty painter and innocent forger whose unconscious act bore such baleful fruit on the barren hill-sides of the “red-rock rancho,” and also to a later blossom of her life, that opened, however, in kindlier sunshine.
