r. He was immediately placed upon his trial, and was convicted.
The whole proceeding occupied only a part of the day. There was a
great crowd and much excitement, and some talk of lynching. Curiously
enough, my real trouble did not commence until after the conviction.
What was to be done with the prisoner? How was he to be punished?
Imposing a fine would not answer; and, if he had been discharged, the
crowd would have immediately hung him. When at San Francisco, Mayor
Geary, of that place, told me if I would send my convicts to him, with
money enough to pay for a ball and chain for each one, he would put
them in the chain-gang. But at that time the price of passage by
steamer from Marysville to San Francisco was fifty dollars, which,
with the expense of an officer to accompany the prisoner, and the
price of a ball and chain, would have amounted to a much larger sum
than the prosecution could afford; so it was clearly impracticable to
think of sending him to San Francisco. Nor is it at all likely
that the people would have consented to his removal. Under these
circumstances there was but one course to pursue, and, however
repugnant it was to my feelings to adopt it, I believe it was the only
thing that saved the man's life. I ordered him to be publicly whipped
with fifty lashes, and added that if he were found, within the next
two years, in the vicinity of Marysville, he should be again whipped.
I, however, privately ordered a physician to be present so as to see
that no unnecessary severity was practiced. In accordance with this
sentence, the fellow was immediately taken out and flogged; and that
was the last seen of him in that region. He went off and never came
back. The latter part of the sentence, however, was supererogatory;
for there was something so degrading in a public whipping, that I have
never known a man thus whipped who would stay longer than he could
help, or ever desire to return. However this may have been, the sense
of justice of the community was satisfied. No blood had been shed;
there had been no hanging; yet a severe public example had been given.

On another occasion a complaint was made that a man had stolen
fifteen hundred dollars from a woman. He was arrested, brought before
me, indicted, tried, and convicted. I had the same compunctions about
punishment as before, but, as there was no other course, I ordered
him to receive fifty lashes on his back on two successive days,
unless he gave up the