What were they to do? Here were a wife and four little children depending upon this man for their lives. What would become of his family if justice was meted out to him? Soon there developed an undercurrent of opinion that it was probably better to waive punishment than to endanger the lives of the family; but the council would not be swerved from its resolution. At sundown of the third day the criminal was hanged in the presence of the whole camp. This was not done until ample provision had been made to insure the safety of the family by providing a driver to finish the journey. I came so near to seeing the hanging that I did see the ends of the wagon tongues in the air and the rope dangling therefrom.
From necessity, murder was punishable with death. The penalty for stealing was whipping, which, when inflicted by one of those long ox lashes in the hands of an expert, would bring the blood from the victim's back at every stroke. Minor offenses, or differences generally, were arbitrated. Each party would abide by the decision as if it had come from a court of law. Lawlessness was not common on the Plains. It was less common, indeed, than in the communities from which the great body of the emigrants had been drawn, for punishment was swift and certain.
The greater body of the emigrants formed themselves into large companies and elected captains. These combinations soon began to dissolve and re-form, only to dissolve again, with a steady accompaniment of contentions. I would not enter into any organized company, but neither could I travel alone. By tacit agreement our party and the McAuleys travelled together, the outfit consisting of four wagons and thirteen persons--nine men, three women, and the baby. Yet although we kept apart as a separate unit, we were all the while in one great train, never out of sight and hearing of others. In fact, at times the road would be so full of wagons that all could not travel in one track, and this fact accounts for the double roadbeds seen in so many places on the trail.
[Illustration: Giving chase to the buffaloes.]
WE crossed the Missouri on the seventeenth and eighteenth of May. The next day we made a short drive, and camped within hearing of the shrill steamboat whistle that resounded far over the prairie.