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The Vigilance Committee made two serious mistakes. They fell into the Law and Order trap by committing an act of technical piracy. From this Durkee saved them by taking upon himself the legal onus of the seizure.
The second error, though a minor one, proved much more serious. They sent Sterling Hopkins, a vainglorious, witless, overzealous wight, to rearrest Maloney. Coleman was not responsible for this; nor were the Vigilantes in a larger sense, for a few hotheads in temporary command issued the order. Hopkins, glorying in the quest, for any errand of authority made him big with pride, set out alone to execute it. He found Maloney in the office of Dr. Richard P. Ashe, United States naval agent. Ashe was companioned by adherents of the Law and Order faction, among them Justice David S. Terry.
Pus.h.i.+ng the doorkeeper rudely aside, Hopkins entered the room. "Come with me, Reub Maloney," he commanded, "you're under arrest."
Maloney shrank into a corner. Ashe stepped in the constable's path. "Get out of here!" he thundered. "As a Federal officer I order you to begone!"
"And I, as a judge and a Southern gentleman, will kick you out, suh."
Judge Terry moved menacing forward. His eyes flashed. Several others joined him. They took Hopkins by the shoulders and pushed him none too gently out of the room. The door closed. He stood for a moment in the hall, muttering in his outraged dignity. Then he turned and ran toward Fort Vigilance.
"We've scared the dirty peddler," Ashe said, as they watched his flying footsteps from a window.
"He's gone for reinforcements," said another. "Let's get out of here.
The Blues' armory is better." There was some argument. Finally, however, armed with pistols, they sought the street, forming a guard around Maloney. But they had not proceeded far down Jackson street when Hopkins came upon them with nine men. Both parties halted, Judge Terry standing in front of the prisoner; Hopkins, who was no coward for all his pompous tactlessness, advanced determinedly. He reached around the Judge and clutched at Maloney's arm. "I arrest you in the name of the Committee."
"To h.e.l.l with your Committee!" shouted Terry. He struck Hopkins' arm away and poked a derringer in the policeman's face.
Hopkins countered; the pistol went flying. Terry staggered back, while Hopkins made another clutch at his intended prisoner.
Then occurred, with lightning speed, an unexpected thing. Terry, recovering his balance, sprang forward, drew the bowie knife he always carried and plunged it, with a vicious thrust, into Hopkins' neck.
CHAPTER L
THE COMMITTEE DISBANDS
Alice Windham and her little son, named Robert for his grandfather, were pa.s.sing Coleman's store, en route to Benito's office; it was a pleasant, quiet afternoon, almost windless. The infant Robert toddled manfully along on his five-year legs, holding tightly to his mother's hand.
Men began to rush by, jostling them in their haste. The child drew closer to his mother. More men pa.s.sed. Some of them were carrying guns.
Coleman, emerging hurriedly, stopped at sight of Mrs. Windham.
"Better go inside," he advised, "there's trouble afoot." He picked up the now frightened child and escorted the mother to his office. "Sit down," he invited. "It's comfortable here ... and safe."
Before she could thank him he was off. At the door Miers Truett hailed him. "Hopkins stabbed," she heard him pant. He had been running. "May die ... Terry did it."
They went off together. Other men stood in the doorway. "By the Eternal!" one was saying. "A Judge of the Supreme Court! What will Coleman do? They can't arrest Terry."
There was a silence. Then the Monumental Fire Engine bell began to toll.
"Come on," the second man spoke with a kind of thrill. "That's Coleman's answer."
Terry, Ashe and their companions ran pell mell up Jackson street until they reached the armory of the San Francis...o...b..ues. It was rather an ornate building, guarded by iron doors. These stood open as the fugitives entered, but were immediately closed and guarded by a posse of pursuing Vigilantes, effectually preventing Law and Order reinforcements from the outside.
Meanwhile the wounded Hopkins, screaming that he was murdered, had been carried into the Pennsylvania Engine House close by. Dr. Beverly Cole, the Vigilante surgeon chief, was summoned and p.r.o.nounced the wound a serious one. Thereupon the bell was tolled.
Half an hour later several thousand men under Marshal Doane marched to the armory. In front of it he drew up his forces and knocked on the inner portal.
"What d'ye want?" came the heavy ba.s.s of David Terry, a little less arrogant than usual.
"The committee has ordered the arrest of yourself and your party,"
answered Doane. "Will you come quietly?"
There was excited murmuring; then Terry's heavy tones once more: "Do you mean that you will attack the person of a Supreme Court Justice?" he asked half incredulous.
"We will arrest all those who commit or attempt murder."
More whispering.
"Very well," said Terry. "I will not subject my friends to violence....
But I warn you that the consequences will be serious."
Doane ignored this, waiting quietly until the door was opened. Then he detailed a guard for the prisoners. At 4 o'clock--an hour after Hopkins had been wounded--Terry, Ashe and half a dozen others were locked in cells at Fort Vigilance. Once more the town was quiet.
"It is all over," Benito told his wife, whom he found in Coleman's office. "We can go home now." Little Robert slept. His mother picked him up gently.
"What will they do with Judge Terry?" she asked in an excited whisper.
"If Hopkins dies they'll hang him sure as shooting," said Benito.
Sterling Hopkins did not die, despite the serious nature of his wound.
Had he done so many a different chapter might have been recorded in the history of San Francisco. Hopkins lived to pa.s.s into inconsequence.
Terry was released to wreak once more his violent hatred on a fellow being, to perish in a third and final outburst of that savagery which marred his whole career.
Captain Ashe and others taken in the Terry raid were soon released upon parole. The Supreme Court Judge remained a prisoner in Fort Vigilance for many weeks.
After days and nights of wrestling with the situation, the Committee judged the prisoner guilty of a.s.sault. As the usual punishment within their power to inflict was not applicable in this case, the prisoner was discharged. It was pointedly suggested that the best interests of the State demanded his resignation. To this, however, Terry paid no heed.
Broderick, who had been out of town, campaigning, met Ike Bluxome on Montgomery street.
"I thought you folks were going to disband," he spoke half-banteringly.
And Bluxome answered with, his usual gravity. "We thought so, too ...
but Terry jumped into the picture. Now he's boasting that the Committee didn't dare to hold him longer." Bluxome smiled faintly. "He was meek enough till Hopkins had recovered ... offered to resign and quit the State forever."
"I believe in Terry," Broderick remarked. "He's quarrelsome, but brave--and honest as a judge. I spent a lot of money in a newspaper fight to help him through this mess."
Bluxome eyed him keenly. "Yes, I know you did. I know you were sincere, too, Broderick. That's why we didn't bother you for bribing the editors.
But you will get no thanks from Terry. He's against you on the slavery question. He'd kill you tomorrow if he got a chance. You or any other man that's in his way. Watch out for him."
"Nonsense," said Broderick, and walked away.
On August 18th the Vigilantes paraded for the last time. There were four artillery batteries with an armament of fifteen cannon. Then came the Executive Committee followed by two companies of dragoons, each preceded by a band; the medical staff of fifty members, the Committee of 1851, some half a hundred strong, and four regiments of infantry.
San Francisco was ablaze with decorations, vibrant with enthusiasm. Men, women, children, turned out to do the Vigilantes honor. A float symbolic of Fort Gunnybags was wildly cheered.
Benito Windham, Adrian Stanley and their families stood at the window of an office which had "B. Windham, Attorney and Counselor," inscribed upon its door. Benito had but recently pa.s.sed his law examination and Alice was accordingly proud.