about noon
The proceeds of the next day 's work were nearly equal to those of the first , and the spirits of the diggers were proportionally high ; but on the third day they did not wash out much more than half the quantity of gold . They were therefore somewhat depressed ; and this condition of mind was increased by one of those events which were at times of frequent occurrence there . This was the murder of one miner by another , and the summary application of Lynch-law to the criminal . It occurred about noon , when the miners were at dinner . A man named Higson , who was noted for swearing and brutality , was standing near Jeffson 's store , when a young miner named Elms came up , greatly excited , in consequence of having just found a large nugget , which he wished to have weighed . To the surprise of all , and the indignation of Elms , Higson suddenly snatched the nugget out of his hand , and swore that it had been got in a claim to which Elms had no title , and that , being alongside of his own , and included in the line he had marked off , the nugget was his by rights ! The young man sprang upon Higson , and a struggle ensued , in the midst of which the latter drew his bowie-knife and stabbed Elms to the heart .