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.
Mason was relating to Ruckel the points and the arguments of Ricord, that the company should not suffer from an act of God, viz., the caving in of the mouth of the mine, when a man named Cash, a fellow who had once been in the quartermaster's employ as a teamster, spoke up: "Governor Mason, did Judge Ricord say that ?" "Yes," said the Governor; and then Cash related how he and another man, whose name he gave, had been employed by Ricord to undermine a heavy rock that rested above the mouth of the mine, so that it tumbled down, carrying with it a large quantity of earth, and completely filled it up, as we had seen; "and," said Cash, "it took us three days of the hardest kind of work." This was the act of God, and on the papers procured from the alcalde at that time, I understand, was built a huge speculation, by which thousands of dollars changed hands in the United States and were lost.

This happened long before the celebrated McGarrahan claim, which has produced so much noise, and which still is being prosecuted in the courts and in Congress.
On the next day we crossed over the Santa Cruz Mountains, from which we had sublime views of the scenery, first looking east toward the lower Bay of San Francisco, with the bright plains of Santa Clara and San Jose, and then to the west upon the ocean, the town of Monterey being visible sixty miles off.