confessedly criminal immigrants were paroled convicts from Sydney and
other criminal colonies. These practiced men were augmented by the weak
and desperate from other countries. Mexico, especially, was strongly
represented. At first few in numbers and poverty-stricken in resources,
these men acted merely as footpads, highwaymen, and cheap crooks. As
time went on, however, they gradually became more wealthy and powerful,
until they had established a sort of caste. They had not the social
importance of many of the "higher-ups" of 1856, but they were crude,
powerful, and in many cases wealthy. They were ably seconded by a class
of lawyers which then, and for some years later, infested the courts of
California. These men had made little success at law, or perhaps had
been driven forth from their native haunts because of evil practices.
They played the game of law exactly as the cheap criminal lawyer does
today, but with the added advantage that their activities were
controlled neither by a proper public sentiment nor by the usual
discipline of better colleagues. Unhappily we are not yet far enough
removed from just this perversion to need further explanation of the
method. Indictments were fought for the reason that the murderer's name
was spelled wrong in one letter; because, while the accusation stated
that the murderer killed his victim with a pistol, it did not say that
it was by the discharge of said pistol; and so on. But patience could
not endure forever. The decent element of the community was forced at
last to beat the rascals. Its apparent indifference had been only
preoccupation.

The immediate cause was the cynical and open criminal activity of an
Englishman named James Stuart. This man was a degenerate criminal of
the worst type, who came into a temporary glory through what he
considered the happy circumstances of the time. Arrested for one of his
crimes, he seemed to anticipate the usual very good prospects of