It Is Another Way Of Stating The
Maxim Of Law And Equity:
'so use your own property, as not to injure
that of another.'"
Mr. Maslin agrees with Ben Taylor that the hangings and shootings of the
period following the discovery of gold have been grossly exaggerated. On
this point he said: "I will venture to assert that in certain of the
Mississippi Valley States, in their early settlement, more men were
killed in one year than in ten of the early mining years in California."
Of lynching, he said: "There were few lynchings in California, and those
mostly in the southern tier of counties, of persons convicted of
cattle-stealing." In connection with lynching he related a serio-comic
incident that occurred in Grass Valley in the early days.
Several fires had taken place in the town and the inhabitants were in
consequence much excited. A watchman on his rounds espied a light in a
vacant log cabin, and entering, caught a man in the act of striking a
match. He arrested him and the populace were for taking summary
vengeance. A man known as "Blue Coat Osborne" cried out, "Let's hang
him! Nevada City once hanged a man and Grass Valley never did!" This was
an effective appeal, for the rivalry that has lasted ever since already
existed. Fortunately, wiser counsels prevailed; the man was subsequently
tried and acquitted, it appearing that he was a traveling prospector who
had merely entered the cabin in order to light his pipe!
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