In this case the alcalde had been to
the mine and had possession of samples of the ore; but, as the
mouth of the mine was closed up, as alleged, from the act of God,
by a land-slide, it was contended by Ricord and his associates that
it was competent to prove by good witnesses that the mine had been
opened into the hill one hundred feet, and that, by no negligence
of theirs, it had caved in. It was generally understood that
Robert J. Walker, United States Secretary of the Treasury, was then
a partner in this mining company; and a vessel, the bark Gray
Eagle, was ready at San Francisco to sail for New York with the
title-papers on which to base a joint-stock company for speculative
uses. I think the alcalde was satisfied that the law had been
complied with, that he had given the necessary papers, and, as at
that time there was nothing developed to show fraud, the Governor
(Mason) did not interfere. At that date there was no public house
or tavern in San Jose where we could stop, so we started toward
Santa Cruz and encamped about ten miles out, to the west of the
town, where we fell in with another party of explorers, of whom
Ruckel, of San Francisco, was the head; and after supper, as we sat
around the camp-fire, the conversation turned on quicksilver in
general, and the result of the contest in San Jose in particular.
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