They listened to his explanations and went with him to his brother who told them how he had bought the animal in good faith from a stranger. Whereat they seized the narrator, bound him, and hanged him to the nearest live-oak tree; then stripped the monte-dealer to the waist, tied him to the same tree, and flogged him until the blood ran down his bare back. After which they departed, satisfied that they had done their share to bring about law and order in a neighborhood where thefts were becoming altogether too frequent. But some of them mentioned in Murphy's Diggings--during the brief space of time while they had the opportunity--the strange expression which came over their victim's face while the lash was being applied. Each of these men spoke of the look as having been directed at himself. Had they been members of one of the dark-skinned races, to whom the vendetta is peculiarly an institution, they would have understood the purport of that look.
But none of them understood and the monte-dealer was left to keep his promise to his dead brother. He turned his back upon the grave and went about the fulfilment of that vow as ambitious men go about the making of careers; and in the days that followed, while his swarthy company was sweeping through California like fire on a chaparral hillside when the wind is high, he gained a dark fame, so lasting that there is hardly an old settled community from Mount Shasta to the Mexican line which has not some tale of the bandit, Joaquin Murieta.
Sometimes during the weeks after the lynching a miner on his way to the gambling-houses after supper got a glimpse of Joaquin Murieta in the outskirts of Murphy's Diggings, as he glided among the tents cloaked to his eyes in his serape. Occasionally a late reveler, returning to his cabin in the darkness, was startled by the sight of his figure beside the road, as black and silent as the night itself; or was chilled to dead sobriety by the vision of that drawn face confronting him on a narrow trail. And in the chilly mornings men going to their work came on the bodies of his victims in the soft red dust of path or wagon-track, or stumbled over them in the chaparral.
And now fear began to seize the survivors of that lynching party. By the time its twenty members had dwindled to something like a dozen, the succession of spectacles afforded by the companions whom they had been summoned to identify was getting on the stoutest nerves; the dullest imaginations were working feverishly. Some found friends to act as body-guards; others moved away to try their fortunes in new camps; but the body-guards could not be on duty all the time and the departing ones in most instances made the mistake of confiding their intentions to acquaintances. All authorities agree that Joaquin Murieta managed to kill at least fifteen--and possibly two or three more--of the score whose faces he had so carefully imprinted on his memory while the lash was biting into his bare back.