In the height of the proceedings a man entered from outside and took his position leaning against the rail of the jury box. That he was a stranger was evident from the glances of curiosity, cast in his direction. He was tall, strong, young, bearded, with a roving, humorous bold eye.
The last word was spoken. A rather bewildered-looking jury filed out. Ensued a wait. The jury came back. It could not agree; it wanted information. Both lawyers supplied it in abundance. The foreman, who happened to be next the rail against which the newcomer was leaning, cast on him a quizzical eye.
"Stranger," said he, "mout you be able to make head er tail of all that air?"
"I'm plumb distracted to know what to do; and dear knows we all want to git shet of this job. Thar's a badger fight----"
"Right adown the road. Location notice is on the first white oak you come to. Cain't miss her."
"If I were you," said the stranger after a pause, "I'd just declare the claim vacant. Then neither side would win."
At this moment the jury rose to retire again. The stranger unobtrusively gained the attention of the clerk and from him begged a sheet of paper. On this he wrote rapidly, then folded it, and moved to the outer door, against the jamb of which he took his position. After another and shorter wait, the jury returned.
"Have you agreed on your verdict, gentlemen?" inquired the judge.
"We have," replied the lank foreman. "We award that the claim belongs to neither and be declared vacant."
At the words the stranger in the doorway disappeared. Two minutes later the advance guard of the rush that had comprehended the true meaning of the verdict found the white oak tree in possession of a competent individual with a Colt's revolving pistol and a humorous eye.
"My location notice, gentlemen," he said, calling attention to a paper freshly attached by wooden pegs.
"Honey-bug claim'," they read, "'John Gates'," and the usual phraseology.
"But this is a swindle, an outrage!" cried one of the erstwhile owners.
"If so it was perpetrated by your own courts," said Gates, crisply. "I am within my rights, and I propose to defend them."
Thus John Gates and his wife, now strong and hearty, became members of this community. His intention had been to proceed to Sacramento. An incident stopped him here.