Ambrose Bierce - The Collected Works of Ambrose Bierce — Volume II - In the Midst of Life - Tales of Soldiers and Civilians

The Hill thought it high time to look after a person whom its most honored citizen had felt it his duty to rebuke at a considerable personal sacrifice. The New Jerusalem contingent, particularly, began to abate something of the toleration begotten of amusement at their own blunder in exiling an objectionable neighbor from the place which they had left to the place whither they had come. Mammon Hill was at last of one mind. Not much was said, but that Gilson must hang was "in the air." But at this critical juncture in his affairs he showed signs of an altered life if not a changed heart. Perhaps it was only that "the bank" being closed against him he had no further use for gold dust. Anyhow the sluice boxes were molested no more forever. But it was impossible to repress the abounding energies of such a nature as his, and he continued, possibly from habit, the tortuous courses which he had pursued for profit of Mr. Bentley. After a few tentative and resultless undertakings in the way of highway robbery—if one may venture to designate road-agency by so harsh a name—he made one or two modest essays in horse-herding, and it was in the midst of a promising enterprise of this character, and just as he had taken the tide in his affairs at its flood, that he made shipwreck. For on a misty, moonlight night Mr. Brentshaw rode up alongside a person who was evidently leaving that part of the country, laid a hand upon the halter connecting Mr. Gilson's wrist with Mr. Harper's bay mare, tapped him familiarly on the cheek with the barrel of a navy revolver and requested the pleasure of his company in a direction opposite to that in which he was traveling.

It was indeed rough on Gilson.

On the morning after his arrest he was tried, convicted, and sentenced. It only remains, so far as concerns his earthly career, to hang him, reserving for more particular mention his last will and testament, which, with great labor, he contrived in prison, and in which, probably from some confused and imperfect notion of the rights of captors, he bequeathed everything he owned to his "lawfle execketer," Mr. Brentshaw. The bequest, however, was made conditional on the legatee taking the testator's body from The Tree and "planting it white."

So Mr. Gilson was—I was about to say "swung off," but I fear there has been already something too much of slang in this straightforward statement of facts; besides, the manner in which the law took its course is more accurately described in the terms employed by the judge in passing sentence: Mr. Gilson was "strung up."

In due season Mr. Brentshaw, somewhat touched, it may well be, by the empty compliment of the bequest, repaired to The Tree to pluck the fruit thereof. When taken down the body was found to have in its waistcoat pocket a duly attested codicil to the will already noted. The nature of its provisions accounted for the manner in which it had been withheld, for had Mr. Brentshaw previously been made aware of the conditions under which he was to succeed to the Gilson estate he would indubitably have declined the responsibility. Briefly stated, the purport of the codicil was as follows:

Whereas, at divers times and in sundry places, certain persons had asserted that during his life the testator had robbed their sluice boxes; therefore, if during the five years next succeeding the date of this instrument any one should make proof of such assertion before a court of law, such person was to receive as reparation the entire personal and real estate of which the testator died seized and possessed, minus the expenses of court and a stated compensation to the executor, Henry Clay Brentshaw; provided, that if more than one person made such proof the estate was to be equally divided between or among them. But in case none should succeed in so establishing the testator's guilt, then the whole property, minus court expenses, as aforesaid, should go to the said Henry Clay Brentshaw for his own use, as stated in the will.

The syntax of this remarkable document was perhaps open to critical objection, but that was clearly enough the meaning of it. The orthography conformed to no recognized system, but being mainly phonetic it was not ambiguous. As the probate judge remarked, it would take five aces to beat it. Mr. Brentshaw smiled good-humoredly, and after performing the last sad rites with amusing ostentation, had himself duly sworn as executor and conditional legatee under the provisions of a law hastily passed (at the instance of the member from the Mammon Hill district) by a facetious legislature; which law was afterward discovered to have created also three or four lucrative offices and authorized the expenditure of a considerable sum of public money for the construction of a certain railway bridge that with greater advantage might perhaps have been erected on the line of some actual railway.

Of course Mr. Brentshaw expected neither profit from the will nor litigation in consequence of its unusual provisions; Gilson, although frequently "flush," had been a man whom assessors and tax collectors were well satisfied to lose no money by. But a careless and merely formal search among his papers revealed title deeds to valuable estates in the East and certificates of deposit for incredible sums in banks less severely scrupulous than that of Mr. Jo. Bentley.

The astounding news got abroad directly, throwing the Hill into a fever of excitement. The Mammon Hill Patriot , whose editor had been a leading spirit in the proceedings that resulted in Gilson's departure from New Jerusalem, published a most complimentary obituary notice of the deceased, and was good enough to call attention to the fact that his degraded contemporary, the Squaw Gulch Clarion , was bringing virtue into contempt by beslavering with flattery the memory of one who in life had spurned the vile sheet as a nuisance from his door. Undeterred by the press, however, claimants under the will were not slow in presenting themselves with their evidence; and great as was the Gilson estate it appeared conspicuously paltry considering the vast number of sluice boxes from which it was averred to have been obtained. The country rose as one man!

Mr. Brentshaw was equal to the emergency. With a shrewd application of humble auxiliary devices, he at once erected above the bones of his benefactor a costly monument, overtopping every rough headboard in the cemetery, and on this he judiciously caused to be inscribed an epitaph of his own composing, eulogizing the honesty, public spirit and cognate virtues of him who slept beneath, "a victim to the unjust aspersions of Slander's viper brood."

Moreover, he employed the best legal talent in the Territory to defend the memory of his departed friend, and for five long years the Territorial courts were occupied with litigation growing out of the Gilson bequest. To fine forensic abilities Mr. Brentshaw opposed abilities more finely forensic; in bidding for purchasable favors he offered prices which utterly deranged the market; the judges found at his hospitable board entertainment for man and beast, the like of which had never been spread in the Territory; with mendacious witnesses he confronted witnesses of superior mendacity.

Nor was the battle confined to the temple of the blind goddess—it invaded the press, the pulpit, the drawing-room. It raged in the mart, the exchange, the school; in the gulches, and on the street corners. And upon the last day of the memorable period to which legal action under the Gilson will was limited, the sun went down upon a region in which the moral sense was dead, the social conscience callous, the intellectual capacity dwarfed, enfeebled, and confused! But Mr. Brentshaw was victorious all along the line.

On that night it so happened that the cemetery in one corner of which lay the now honored ashes of the late Milton Gilson, Esq., was partly under water. Swollen by incessant rains, Cat Creek had spilled over its banks an angry flood which, after scooping out unsightly hollows wherever the soil had been disturbed, had partly subsided, as if ashamed of the sacrilege, leaving exposed much that had been piously concealed. Even the famous Gilson monument, the pride and glory of Mammon Hill, was no longer a standing rebuke to the "viper brood"; succumbing to the sapping current it had toppled prone to earth. The ghoulish flood had exhumed the poor, decayed pine coffin, which now lay half-exposed, in pitiful contrast to the pompous monolith which, like a giant note of admiration, emphasized the disclosure.