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r story. They were called up next, and, of course, saw the precious metal. P.L. Weimer and Charles Bennett were at the old double log cabin (where Hastings and Company afterward kept a store). "In the mean time we put in some wheat and peas, nearly five acres, across the river. In February the Captain (Captain Sutter) came to the mountains for the first time. Then we consummated a treaty with the Indians, which had been previously negotiated. The tenor of this was that we were to pay them two hundred dollars yearly in goods, at Yerba Buena prices, for the joint possession and occupation of the land with them; they agreeing not to kill our stock, viz., horses, cattle, hogs, or sheep, nor burn the grass within the limits fixed by the treaty. At the same time Captain Sutter, myself, and Isaac Humphrey entered into a copartnership to dig gold. A short time afterward, P.L. Weimer moved away from the mill, and was away two or three months, when he returned. With all the events that subsequently occurred, you and the public are well informed." This is the most precise and is generally considered to be the most correct account of the gold discovery. Other versions of the story have been published, however, and the following, from an article published in the Coloma _Argus_, in the latter part of the year 1855, is one of them. The statement was evidently derived from Weimer, who lives at Coloma: "That James W. Marshall picked up the first piece of gold is beyond doubt. Peter L. Weimer, who resides in this place, states positively that Marshall picked up the gold in his presence; they both saw it and each spoke at the same time, 'What's that yellow stuff?' Marshall, being a step in advance, picked it up. This first piece of gold is now in the possession of Mrs. Weimer, and weighs six pennyweights eleven grains. The piece was given to her by Marshall himself. The dam was finished early in January, the frame for the mill also erected, and the flume and bulkhead completed. It was at this time that Marshall and Weimer adopted the plan of raising the gate during the night to wash out sand from the mill-race, closing it during the day, when work would be continued with shovels, etc. "Early in February--the exact day is not remembered--in the morning, after shutting off the water, Marshall and Weimer walked down the race together to see what the water had accomplished during the night. Having gone about twenty yards below the mill
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