Page:California Inter Pocula.djvu/759

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1836, for sending a challenge to fight a duel, Thomas Russell was fined ten dollars and confiscation of his pistol, or ten days in the guard house. In 1841 Uribe was fined five dollars for offerino; to fio;ht a duel with a bone; and Ybarra was fined a dollar and a half for accepting the challenge. This last mentioned amount was more than Terry paid for killhig Broderick.

In 1843 the noted Indian chief, Goscolo, was the terror of the San Jose jurisdiction, which for years he had kept in a state of constant alarm. He was tall in person, of a deep bronze color, and with a look of caution in his eyes; very ferocious, and in a hand-tohand fijj^ht as valiant as he was savage. Ever an enemy of the white man, during his long career of depredation and murder he never pardoned him who fell into his hands. Francisco Palomares, a noted Indian fighter and by his own showing, although de razon no less of a savage than Goscolo, thus describes the latter's death.

Having committed some peculiarly atrocious murders near San Jose, Goscolo was pursued by Corporal Pena, and the escolta of that mission, consisting of some five or six men, accompanied by 100 of the mission Indians de guerra. Peha came upon Goscolo's band unawares, and arranged his vastly superior force in a circle, which gradually contracted round Goscolo and his followers, who, to a man, died fighting within it.

One of Pena's auxiliaries, a personal enemy of G6scolo, asked leave of his commander to challenge him to single combat. This permission was given, Pena ordering the battle to be temporarily suspended. Thereupon the mission Indian in his own tongue challenged Goscolo, who accepted, and moved to an unobstructed spot near by, whither the challenger followed him. The high contending parties were each armed with ^ bow and arrows. Within view of the opposing forces they began to shoot at one another. At each shot both advanced a little, or manoeuvred