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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..0838bfe --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #68146 (https://www.gutenberg.org/ebooks/68146) diff --git a/old/68146-0.txt b/old/68146-0.txt deleted file mode 100644 index beaf399..0000000 --- a/old/68146-0.txt +++ /dev/null @@ -1,9175 +0,0 @@ -The Project Gutenberg eBook of The vigilantes of Montana, by Thos. J. -Dimsdale - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The vigilantes of Montana - Or, popular justice in the Rocky Mountains - -Author: Thos. J. Dimsdale - -Release Date: May 21, 2022 [eBook #68146] - -Language: English - -Produced by: Steve Mattern and the Online Distributed Proofreading Team - at https://www.pgdp.net (This file was produced from images - generously made available by The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK THE VIGILANTES OF -MONTANA *** - - - - - - THE - VIGILANTES OF MONTANA, - - OR - - POPULAR JUSTICE - IN THE - ROCKY MOUNTAINS. - - BEING A CORRECT AND IMPARTIAL NARRATIVE OF THE - CHASE, TRIAL, CAPTURE AND EXECUTION OF - - HENRY PLUMMER’S - ROAD AGENT BAND, - - TOGETHER WITH ACCOUNTS OF THE LIVES AND CRIMES OF - MANY OF THE ROBBERS AND DESPERADOES, THE WHOLE - BEING INTERSPERSED WITH SKETCHES OF LIFE IN THE - - MINING CAMPS OF THE “FAR WEST;” - - Forming the only reliable work on the subject ever offered the public. - - BY PROF. THOS. J. DIMSDALE. - - - VIRGINIA CITY, M. T.: - MONTANA POST PRESS, D. W. TILTON & CO., BOOK AND JOB PRINTERS. - 1866. - - - - - Entered according to Act of Congress, in the year 1865, - By THOS. J. DIMSDALE, - In the Clerk’s Office of the 1st Judicial District of - Montana Territory. - - - - -PREFACE. - - -The object of the writer in presenting this narrative to the public, -is twofold. His intention is, in the first place, to furnish a correct -history of an organization administering justice without the sanction -of constitutional law; and secondly, to prove not only the necessity -for their action, but the equity of their proceedings. - -Having an intimate acquaintance with parties cognizant of the facts -related, and feeling certain of the literal truth of the statements -contained in this history, he offers it to the people of the United -States, with the belief that its perusal will greatly modify the views -of those even who are most prejudiced against the summary retribution -of mountain law, and with the conviction that all honest and impartial -men will be willing to admit both the wisdom of the course pursued and -the salutary effect of the rule of the Vigilantes in the Territory of -Montana. - -It is also hoped that the history of the celebrated body, the very -mention of whose name sounded as a death-knell in the ears of the -murderers and Road Agents, will be edifying and instructive to -the general reader. The incidents related are neither trivial in -themselves, nor unimportant in their results; and, while rivaling -fiction in interest, are unvarnished accounts of transactions, whose -fidelity can be vouched by thousands. - -As a literary production, the author commits it to the examination -of the critical without a sigh. If any of these author-slayers are -inclined to be more severe in their judgment than he is himself, he -trusts they will receive the reward to which their justice entitles -them; and if they should pass it by, he cannot but think that they will -exercise a sound discretion, and avoid much useless labor. With all its -imperfections, here it is. - - THOS. J. DIMSDALE. - - - - -CHAPTER I. - -INTRODUCTORY--VIGILANCE COMMITTEES. - -“_The teeth that bite hardest are out of sight._”--PROV. - - -The end of all good government is the safety and happiness of the -governed. It is not possible that a high state of civilization and -progress can be maintained unless the tenure of life and property is -secure; and it follows that the first efforts of a people in a new -country for the inauguration of the reign of peace, the sure precursor -of prosperity and stability, should be directed to the accomplishment -of this object. In newly settled mining districts, the necessity for -some effective organization of a judicial and protective character is -more keenly felt than it is in other places, where the less exciting -pursuits of agriculture and commerce mainly attract the attention and -occupy the time of the first inhabitants. - -There are good reasons for this difference. The first is the entirely -dissimilar character of the populations; and the second, the possession -of vast sums of money by uneducated and unprincipled people, in all -places where the precious metals may be obtained at the cost of the -labor necessary to exhume them from the strata in which they lie -concealed. - -In an agricultural country, the life of the pioneer settler is always -one of hard labor, of considerable privation, and of more or less -isolation, while the people who seek to clear a farm in the wild -forest, or who break up the virgin soil of the prairies are usually of -the steady and hard-working classes, needing little assistance from -courts of justice to enable them to maintain rights which are seldom -invaded; and whose differences, in the early days of the country, are, -for the most part, so slight as to be scarcely worth the cost of a -litigation more complicated than a friendly and, usually, gratuitous, -arbitration--submitted to the judgment of the most respected among the -citizens. - -In marked contrast to the peaceful life of the tiller of the soil, and -to the placid monotony of his pursuits are the turbulent activity, the -constant excitement and the perpetual temptations to which the dweller -in a mining camp is subject, both during his sojourn in the gulches, -or, if he be given to prospecting, in his frequent and unpremeditated -change of location, commonly called a “stampede.” There can scarcely be -conceived a greater or more apparent difference than exists between the -staid and sedate inhabitants of rural districts, and the motley group -of miners, professional men and merchants, thickly interspersed with -sharpers, refugees, and a full selection from the dangerous classes -that swagger, armed to the teeth, through the diggings and infest the -roads leading to the newly discovered gulches, where lies the object of -their worship--Gold. - -Fortunately the change to a better state of things is rapid, and none -who now walk the streets of Virginia would believe that, within two -years of this date, the great question to be decided was, which was the -stronger, right or might? - -And here it must be stated, that the remarks which truth compels us -to make, concerning the classes of individuals which furnish the law -defying element of mining camps, are in no wise applicable to the -majority of the people, who, while exhibiting the characteristic energy -of the American race in the pursuit of wealth, yet maintain, under -every disadvantage, an essential morality, which is the more creditable -since it must be sincere, in order to withstand the temptations to -which it is constantly exposed. “Oh, cursed thirst of gold,” said the -ancient, and no man has even an inkling of the truth and force of the -sentiment, till he has lived where gold and silver are as much the -objects of desire, and of daily and laborious exertion, as glory and -promotion are to the young soldier. Were it not for the preponderance -of this conservative body of citizens, every camp in remote and -recently discovered mineral regions would be a field of blood; and -where this is not so, the fact is proof irresistible that the good is -in sufficient force to control the evil, and eventually to bring order -out of chaos. - -Let the reader suppose that the police of New York were withdrawn for -twelve months, and then let them picture the wild saturnalia which -would take the place of the order that reigns there now. If, then, -it is so hard to restrain the dangerous classes of old and settled -communities, what must be the difficulty of the task, when, tenfold in -number, fearless in character, generally well armed, and supplied with -money to an extent unknown among their equals in the east, such men -find themselves removed from the restraints of civilized society, and -beyond the control of the authority which there enforces obedience to -the law. - -Were it not for the sterling stuff of which the mass of miners is -made, their love of fair play, and their prompt and decisive action -in emergencies, this history could never have been written, for -desperadoes of every nation would have made this country a scene of -bloodshed and a sink of iniquity such as was never before witnessed. - -Together with so much that is evil, no where is there so much that -is sternly opposed to dishonesty and violence as in the mountains; -and though careless of externals and style, to a degree elsewhere -unknown, the intrinsic value of manly uprightness is no where so -clearly exhibited and so well appreciated as in the Eldorado of the -west. Middling people do not live in these regions. A man or a woman -becomes better or worse by a trip towards the Pacific. The keen eye of -the experienced miner detects the imposter at a glance, and compels -his entire isolation, or his association with the class to which he -rightfully belongs. - -Thousands of weak-minded people return, after a stay in the mountains, -varying in duration from a single day to a year, leaving the field -where only the strong of heart are fit to battle with difficulty, and -to win the golden crown which is the reward of persevering toil and -unbending firmness. There is no man more fit to serve his country in -any capacity requiring courage, integrity, and self-reliance, than -an “honest miner,” who has been tried and found true by a jury of -mountaineers. - -The universal license that is, at first, a necessity of position -in such places, adds greatly to the number of crimes, and to the -facilities for their perpetration. Saloons, where poisonous liquors -are vended to all comers, and consumed in quantities sufficient to -drive excitable men to madness and to the commission of homicide, on -the slightest provocation, are to be found in amazing numbers, and the -villainous compounds there sold, under the generic name of whiskey, -are more familiarly distinguished by the cognomens of “Tangle-leg,” -“Forty-rod,” “Lightning,” “Tarantula-juice,” etc., terms only too truly -describing their acknowledged qualities. - -The absence of good female society, in any due proportion to the -numbers of the opposite sex, is likewise an evil of great magnitude; -for men become rough, stern and cruel, to a surprising degree, under -such a state of things. - -In every frequent street, public gambling houses with open doors and -loud music, are resorted to, in broad daylight, by hundreds--it might -almost be said--of all tribes and tongues, furnishing another fruitful -source of “difficulties,” which are commonly decided on the spot, by -an appeal to brute force, the stab of a knife, or the discharge of a -revolver. Women of easy virtue are to be seen promenading through the -camp, habited in the gayest and most costly apparel, and receiving -fabulous sums for their purchased favors. In fact, all the temptations -to vice are present in full display, with money in abundance to secure -the gratification of the desire for novelty and excitement, which is -the ruling passion of the mountaineer. - -One “institution,” offering a shadowy and dangerous substitute for more -legitimate female association, deserves a more peculiar notice. This is -the “Hurdy-Gurdy” house. As soon as the men have left off work, these -places are opened, and dancing commences. Let the reader picture to -himself a large room, furnished with a bar at one end--where champagne -at $12 (in gold) per bottle, and “drinks” at twenty-five to fifty -cents, are wholesaled, (correctly speaking)--and divided, at the end of -this bar, by a railing running from side to side. The outer enclosure -is densely crowded (and, on particular occasions, the inner one also) -with men in every variety of garb that can be seen on the continent. -Beyond the barrier, sit the dancing women, called “hurdy-gurdies,” -sometimes dressed in uniform, but, more generally, habited according -to the dictates of individual caprice, in the finest clothes that -money can buy, and which are fashioned in the most attractive styles -that fancy can suggest. On one side is a raised orchestra. The music -suddenly strikes up, and the summons, “Take your partners for the next -dance,” is promptly answered by some of the male spectators, who paying -a dollar in gold for a ticket, approach the ladies’ bench, and--in -style polite, or otherwise, according to antecedents--invite one of the -ladies to dance. - -The number being complete, the parties take their places, as in any -other dancing establishment, and pause for the performance of the -introductory notes of the air. - -Let us describe a first class dancer--“sure of a partner every -time”--and her companion. There she stands at the head of the set. She -is of middle height, of rather full and rounded form; her complexion as -pure as alabaster, a pair of dangerous looking hazel eyes, a slightly -Roman nose, and a small and prettily formed mouth. Her auburn hair is -neatly banded and gathered in a tasteful, ornamented net, with a roll -and gold tassels at the side. How sedate she looks during the first -figure, never smiling till the termination of “promenade, eight,” when -she shows her little white hands in fixing her handsome brooch in -its place, and settling her glistening ear-rings. See how nicely her -scarlet dress, with its broad black band round the skirt, and its black -edging, sets off her dainty figure. No wonder that a wild mountaineer -would be willing to pay--not one dollar, but all that he has in his -purse, for a dance and an approving smile from so beautiful a woman. - -Her cavalier stands six feet in his boots, which come to the knee, and -are garnished with a pair of Spanish spurs, with rowels and bells like -young water wheels. His buckskin leggings are fringed at the seams, -and gathered at the waist with a U. S. belt, from which hangs his -loaded revolver and his sheath knife. His neck is bare, muscular and -embrowned by exposure, as is also his bearded face, whose sombre hue is -relieved by a pair of piercing dark eyes. His long, black hair hangs -down beneath his wide felt hat, and, in the corner of his mouth, is -a cigar, which rolls like the lever of an eccentric, as he chews the -end in his mouth. After an amazingly grave salute, “all hands round” -is shouted by the prompter, and off bounds the buckskin hero, rising -and falling to the rhythm of the dance, with a clumsy agility and a -growing enthusiasm, testifying his huge delight. His fair partner, with -practiced foot and easy grace, keeps time to the music like a clock, -and rounds to her place as smoothly and gracefully as a swan. As the -dance progresses, he of the buckskins gets excited, and nothing but -long practice prevents his partner from being swept off her feet, at -the conclusion of the miner’s delight, “set your partners,” or “gents -to the right.” An Irish tune or a hornpipe generally finishes the set, -and then the thunder of heel and toe, and some amazing demivoltes -are brought to an end by the aforesaid, “gents to the right,” and -“promenade to the bar,” which last closes the dance. After a treat, -the bar-keeper mechanically raps his blower as a hint to “weigh out,” -the ladies sit down, and with scarcely an interval, a waltz, polka, -shottische, mazurka, varsovienne, or another quadrille commences. - -All varieties of costume, physique and demeanor can be noticed among -the dancers--from the gayest colors and “loudest” styles of dress and -manner, to the snugly fitted black silk, and plain, white collar, which -sets off the neat figure of the blue-eyed, modest looking Anglo-Saxon. -Yonder, beside the tall and tastily clad German brunette, you see -the short curls, rounded tournure and smiling face of an Irish girl; -indeed, representatives of almost every dancing nation of white folks, -may be seen on the floor of the Hurdy-Gurdy house. The earnings of the -dancers are very different in amount. That dancer in the low necked -dress, with the scarlet “waist,” a great favorite and a really good -dancer, counted fifty tickets into her lap before “The last dance, -gentlemen,” followed by, “Only this one before the girls go home,” -which wound up the performance. Twenty-six dollars is a great deal of -money to earn in such a fashion; but fifty sets of quadrilles and four -waltzes, two of them for the love of the thing, is very hard work. - -As a rule, however, the professional “hurdies” are Teutons, and, though -first rate dancers, they are, with some few exceptions, the reverse of -good looking. - -The dance which is most attended, is one in which ladies to whom -pleasure is dearer than fame, represent the female element, and, as -may be supposed, the evil only COMMENCES at the Dance House. It is not -uncommon to see one of these syrens with an “outfit” worth from seven -to eight hundred dollars, and many of them invest with merchants and -bankers thousands of dollars in gold, the rewards and presents they -receive, especially the more highly favored ones, being more in a week, -than a well educated girl would earn in two years in an Eastern city. - -In the Dance House you can see Judges, the Legislative corps, and -every one but the Minister. He never ventures further than to engage -in conversation with a friend at the door, and while intently watching -the performance, lectures on the evil of such places with considerable -force; but his attention is evidently more fixed upon the dancers than -on his lecture. Sometimes may be seen gray haired men dancing, their -wives sitting at home in blissful ignorance of the proceeding. There -never was a dance house running, for any length of time, in the first -days of a mining town, in which “shooting scrapes” do not occur; equal -proportions of jealousy, whiskey and revenge being the stimulants -thereto. Billiard saloons are everywhere visible, with a bar attached, -and hundreds of thousands of dollars are spent there. As might be -anticipated, it is impossible to prevent quarrels in these places, at -all times, and, in the mountains, whatever weapon is handiest--foot, -fist, knife, revolver, or derringer--it is instantly used. The -authentic, and, indeed, LITERALLY exact accounts which follow in the -course of this narrative will show that the remarks we have made on the -state of society in a new mining country, before a controlling power -asserts its sway, are in no degree exaggerated, but fall short of the -reality, as all description must. - -One marked feature of social intercourse, and (after indulgence in -strong drink) the most fruitful source of quarrel and bloodshed is the -all pervading custom of using strong language on every occasion. Men -will say more than they mean, and the unwritten code of the miners, -based on a wrong view of what constitutes manhood, teaches them to -resent by force which should be answered by silent contempt. - -Another powerful incentive to wrong doing is the absolute nullity of -the civil law in such cases. No matter what may be the proof, if the -criminal is well liked in the community, “Not Guilty” is almost certain -to be the verdict of the jury, despite the efforts of the Judge and -prosecutor. If the offender is a monied man, as well as a popular -citizen, the trial is only a farce--grave and prolonged, it is true -but capable of only one termination--a verdict of acquittal. In after -days, when police magistrates in cities can deal with crime, they do -so promptly. Costs are absolutely frightful, and fines tremendous. An -assault provoked by drunkenness, frequently costs a man as much as -thrashing forty different policemen would do, in New York. A trifling -“tight” is worth from $20 to $50 in dust, all expenses told, and so on. -One grand jury that we wot of, presented that it would be better to -leave the punishment of offenders to the Vigilantes, who always acted -impartially, and who would not permit the escape of proved criminals -on technical and absurd grounds--than to have justice defeated, as -in a certain case named. The date of that document is not ancient, -and though, of course, refused and destroyed, it was the deliberate -opinion, on oath, of the Grand Inquest, embodying the sentiment of -thousands of good citizens in the community. - -Finally, swift and terrible retribution is the only preventive of -crime, while society is organizing in the far West. The long delay of -justice, the wearisome proceedings, the remembrance of old friendships, -etc., create a sympathy for the offender, so strong as to cause a -hatred of the avenging law, instead of inspiring a horror of the crime. -There is something in the excitement of continued stampedes that makes -men of quick temperaments uncontrollably impulsive. In the moment of -passion, they would slay all round them; but let the blood cool, and -they would share their last dollar with the men whose life they sought, -a day or two before. - -Habits of thought rule communities more than laws, and the settled -opinion of a numerous class is, that calling a man a liar, a thief, -or a son of a b----h is provocation sufficient to justify instant -slaying. Juries do not ordinarily bother themselves about the lengthy -instruction they hear read by the court. They simply consider whether -the deed is a crime against the Mountain Code; and if not, “not guilty” -is the verdict, at once returned. Thieving, or any action which a miner -calls MEAN, will surely be visited with condign punishment, at the -hands of a Territorial jury. In such cases mercy there is none; but, in -affairs of single combats, assaults, shootings, stabbings, and highway -robberies, the civil law, with its positively awful expense and delay, -is worse than useless. - -One other main point requires to be noticed. Any person of experience -will remember that the universal story of criminals, who have expiated -their crimes on the scaffold, or who are pining away in the hardships -of involuntary servitude--tells of habitual Sabbath breaking. This sin -is so general in newly discovered diggings in the mountains, that a -remonstrance usually produced no more fruit than a few jocular oaths -and a laugh. Religion is said to be “played out,” and a professing -Christian must keep straight, indeed, or he will be suspected of being -a hypocritical member of a tribe, to whom it would be very disagreeable -to talk about hemp. - -Under these circumstances, it becomes an absolute necessity that -good, law-loving, and order-sustaining men should unite for mutual -protection, and for the salvation of the community. Being united, -they must act in harmony; repress disorder; punish crime, and prevent -outrage, or their organization would be a failure from the start, and -society would collapse in the throes of anarchy. None but extreme -penalties inflicted with promptitude, are of any avail to quell the -spirit of the desperadoes with whom they have to contend; considerable -numbers are required to cope successfully with the gangs of murderers, -desperadoes and robbers, who infest mining countries, and who, though -faithful to no other bond, yet all league willingly against the law. -Secret they must be, in council and membership, or they will remain -nearly useless for the detection of crime, in a country where equal -facilities for the transmission of intelligence are at the command of -the criminal and the judiciary; and an organization on this footing is -a VIGILANCE COMMITTEE. - -Such was the state of affairs, when five men in Virginia, and four in -Bannack, initiated the movement which resulted in the formation of -a tribunal, supported by an omnipresent executive, comprising within -itself nearly every good man in the Territory, and pledged to render -impartial justice to friend and foe, without regard to clime, creed, -race or politics. In a few short weeks it was known that the voice of -justice had spoken, in tones that might not be disregarded. The face -of society was changed, as if by magic; for the Vigilantes, holding in -one hand the invisible, yet effectual shield of protection, and in the -other, the swift descending and inevitable sword of retribution, struck -from his nerveless grasp the weapon of the assassin; commanded the -brawler to cease from strife; warned the thief to steal no more; bade -the good citizen take courage, and compelled the ruffians and marauders -who had so long maintained the “reign of terror” in Montana, to fly the -Territory, or meet the just rewards of their crimes. Need we say that -they were at once obeyed? yet not before more than one hundred valuable -lives had been pitilessly sacrificed and twenty-four miscreants had met -a dog’s doom as the reward of their crimes. - -To this hour, the whispered words, “Virginia Vigilantes,” would -blanch the cheek of the wildest and most redoubtable desperado, and -necessitate an instant election between flight and certain doom. - -The administration of the lex talionis by self-constituted authority -is, undoubtedly, in civilized and settled communities, an outrage on -mankind. It is there, wholly unnecessary; but the sight of a few of the -mangled corpses of beloved friends and valued citizens; the whistle of -the desperado’s bullet, and the plunder of the fruits of the patient -toil of years spent in weary exile from home, in places where civil -law is as powerless as a palsied arm, from sheer lack of ability to -enforce its decrees--alter the basis of the reasoning, and reverse the -conclusion. In the case of the Vigilantes of Montana, it must be also -remembered that the Sheriff himself was the leader of the Road Agents, -and his deputies were the prominent members of the band. - -The question of the propriety of establishing a Vigilance Committee, -depends upon the answers which ought to be given to the following -queries: Is it lawful for citizens to slay robbers or murderers, when -they catch them; or ought they to wait for policemen, where there are -none, or put them in penitentiaries not yet erected? - -Gladly, indeed, we feel sure, would the Vigilantes cease from their -labor, and joyfully would they hail the advent of power, civil -or military, to take their place; but, till this is furnished by -Government, society must be preserved from demoralization and anarchy; -murder, arson and robbery must be prevented or punished, and road -agents must die. Justice, and protection from wrong to person or -property, are the birth-right of every American citizen, and these must -be furnished in the best and most effectual manner that circumstances -render possible. Furnished, however, they must be by constitutional -law, undoubtedly, wherever practical and efficient provision can be -made for its enforcement. But where justice is powerless as well as -blind; the strong arm of the mountaineer must wield her sword; for -“self preservation is the first law of nature.” - - - - -CHAPTER II. - -THE SUNNY SIDE OF MOUNTAIN LIFE. - - “The friends thou hast, and their adoption tried, - Grapple them to thy soul with hooks of steel.”--SHAKS. - - -In the preceding chapter, it was necessary to show to the reader the -dark side of the cloud; but it has a golden lining, and though many -a cursory observer, or disappointed speculator, may deny this fact, -yet thousands have seen it, and know to their heart’s content that it -is there. Yes! Life in the mountains has many charms. The one great -blessing is perfect freedom. Untrammelled by the artificial restraints -of more highly organized society, character developes itself so -fully and so truly, that a man who has a friend, knows it, and there -is a warmth and depth in the attachment which unites the dwellers -in the wilderness, that is worth years of the insipid and uncertain -regard of so-called, polite circles, which, too often, passes by the -name of friendship, and, sometimes, insolently apes the attributes, -and dishonors the fame of love itself. Those who have slept at the -same watch-fire, and traversed together many a weary league, sharing -hardship and privations, are drawn together by ties which civilization -wots not of. Wounded or sick, far from home, and depending for life -itself, upon the ministration and tender care of some fellow traveller, -the memory of these deeds of mercy and kindly fellowship often mutually -rendered, is as an oasis in the desert, or as a crystal stream to the -fainting pilgrim. - -As soon as towns are built, society commences to organize, and there -is something truly cheering in the ready hospitality, the unfeigned -welcome, and the friendly toleration of personal peculiarities which -mark the intercourse of the dwellers in the land of gold. Every one -does what pleases him best. Forms and ceremonies are at a discount, and -generosity has its home in the pure air of the Rocky Mountains. This -virtue, indeed, is as inseparable from mountaineers of all classes, -as the pick and shovel from the prospector. When a case of real -destitution, is made public, if any well known citizens will but take -a paper in his hand and go round with it, the amount collected would -astonish a dweller in Eastern cities, and it is a fact that gamblers -and saloon keepers are the very men who subscribe the most liberally. -Mountaineers think little of a few hundreds of dollars, when the -feelings are engaged, and the number of instances in which men have -been helped to fortunes and presented with valuable property by their -friends, is truly astonishing. - -The Mountains also may be said to circumscribe and bound the paradise -of amiable and energetic women. For their labor they are paid -magnificently, and they are treated with a deference and liberality -unknown in other climes. There seems to be a law, unwritten but -scarcely ever transgressed, which assigns to a virtuous and amiable -woman, a power for good which she can never hope to attain elsewhere. -In his wildest excitement, a mountaineer respects a woman, and anything -like an insult offered to a lady, would be instantly resented, -probably with fatal effect, by any bystander. Dancing is the great -amusement with persons of both sexes, and we might say, of all ages. -The comparative disproportion between the male and female elements of -society, ensures the possessor of personal charms of the most ordinary -kind, if she be good natured, the greatest attention, and the most -liberal provision for her wants, whether real or fancied. - -If two men are friends, an insult to one is resented by both, an -alliance offensive and defensive being a necessary condition of -friendship in the mountains. A popular citizen is safe everywhere, and -any man may be popular that has anything useful or genial about him. - -“Putting on style,” or the assumption of aristocratic airs, is the -detestation of everybody. No one but a person lacking sense attempts -it. It is neither forgotten nor forgiven, and KILLS a man like a -bullet. It should also be remembered that no people more admire and -respect upright moral conduct, than do the sojourners in mining camps, -while at the same time none more thoroughly despise hypocrisy in -any shape. In fact, good men and good women may be as moral and as -religious as they choose to be, in the mining countries, and as happy -as human beings can be. Much they will miss that they have been used -to, and much they will receive that none offered them before. - -Money is commonly plentiful; if prices are high, remuneration for work -is liberal, and, in the end, care and industry will achieve success and -procure competence. We have travelled far and seen much of the world, -and the result of our experience is a love for our mountain home, that -time and change of scene can never efface. - - - - -CHAPTER III. - -SETTLEMENT OF MONTANA. - - “I hear the tread of pioneers, - Of nations yet to be; - The first low wash of waves, where soon - Shall roll a human sea.”--WHITTIER. - - -Early in the Spring of 1862, the rumor of new and rich discoveries on -Salmon River, flew through Salt Lake City, Colorado, and other places -in the Territories. A great stampede was the consequence. Faith and -hope were in the ascendant among the motley crew that wended their -toilsome way by Fort Hall and Snake river, to the new Eldorado. As -the trains approached the goal of their desires, they were informed -that they could not get through with wagons, and shortly after came -the discouraging tidings that the new mines were overrun by a crowd -of gold-hunters from California, Oregon, and other western countries; -they were also told, that finding it impossible to obtain either claims -or labor, large bands of prospectors were already spreading over the -adjacent territory; and finally, that some new diggings had been -discovered at Deer Lodge. - -The stream of emigration diverged from the halting place, where this -last welcome intelligence reached them. Some, turning towards Deer -Lodge, crossed the mountains, between Fort Lemhi and Horse Prairie -Creek, and, taking a cut-off to the left, endeavored to strike the -old trail from Salt Lake to Bitter Root and Deer Lodge Valleys. These -energetic miners crossed the Grasshopper Creek, below the Canon, and -finding good prospects there, some of the party remained, with a view -of practically testing their value. Others went on to Deer Lodge; but -finding that the diggings were neither so rich nor so extensive as they -had supposed, they returned to Grasshopper Creek--afterwards known as -the Beaver Head Diggings--so named from the Beaver Head River, into -which the creek empties. The river derives its appellation from a rock, -which exactly resembles, in its outline, the head of a Beaver. - -From this camp--the rendezvous of the emigration--started, from time -to time, the bands of explorers who first discovered and worked the -gulches east of the Rocky Mountains, in the world renowned country now -the Territory of Montana. Other emigrants, coming by Deer Lodge, struck -the Beaver Head diggings; then the first party from Minnesota arrived; -after them, came a large part of the Fisk company who had travelled -under Government escort, from the same State, and a considerable number -drove through from Salt Lake City and Bitter Root, in the early part of -the winter, which was very open. - -Among the later arrivals were some desperadoes and outlaws, from -the mines west of the mountains. In this gang were Henry Plummer, -afterwards the SHERIFF, Charley Reeves, Moore and Skinner. These -worthies had no sooner got the “lay of the country,” than they -commenced operations. Here it may be remarked, that if the professed -servants of God would only work for their master with the same energy -and persistent devotion, as the servants of the Devil use for their -employer, there would be no need of a Heaven above, for the earth -itself would be a Paradise. - - - - -CHAPTER IV. - -THE ROAD AGENTS. - - “Thieves for their robbery have authority - When judges steal themselves.”--SHAKESPEARE - - -It may easily be imagined that life in Bannack, in the early days of -the settlement, was anything but pleasant. The ruffians, whose advent -we have noticed, served as a nucleus, around which the disloyal, -the desperate, and the dishonest gathered, and quickly organizing -themselves into a band, with captain, lieutenants, secretary, road -agents, and outsiders, became the terror of the country. The stampede -to the Alder Gulch, which occurred early in June, 1863, and the -discovery of the rich placer diggings there, attracted many more of the -dangerous classes, who, scenting the prey from afar, flew like vultures -to the battle field. - -Between Bannack and Virginia, a correspondence was constantly kept up, -and the roads throughout the Territory were under the surveillance of -the “outsiders” before mentioned. To such a system were these things -brought, that horses, men and coaches were marked in some understood -manner, to designate them as fit objects for plunder, and thus the -liers in wait had an opportunity of communicating the intelligence to -the members of the gang, in time to prevent the escape of the victims. - -The usual arms of a road agent were a pair of revolvers, a -double-barrelled shot-gun, of large bore, with the barrels cut down -short, and to this they invariably added a knife or dagger. Thus armed -and mounted on fleet, well trained horses, and being disguised with -blankets and masks, the robbers awaited their prey in ambush. When near -enough, they sprang out on a keen run, with levelled shot-guns, and -usually gave the word, “Halt! Throw up your hands you sons of b----s!” -If this latter command were not instantly obeyed, there was the last of -the offender; but, in case he complied, as was usual, one or two sat -on their horses, covering the party with their guns, which were loaded -with buck-shot, and one, dismounting, disarmed the victims, and made -them throw their purses on the grass. This being done, and a search for -concealed property being effected, away rode the robbers, reported the -capture and divided the spoils. - -The confession of two of their number one of whom, named Erastus Yager -alias Red, was hung in the Stinkingwater Valley, put the Committee -in possession of the names of the prominent men in the gang, and -eventually secured their death or voluntary banishment. The most noted -of the road agents, with a few exceptions were hanged by the Vigilance -Committee, or banished. A list of the place and date of execution of -the principle members of the band is here presented. The remainder of -the red calendar of crime and retribution will appear after the account -of the execution of Hunter: - - -NAMES, PLACE AND DATE OF EXECUTION. - -George Ives, Nevada City, Dec. 21st 1863; Erastus Yager (Red) and G. -W. Brown, Stinkingwater Valley, January 4th, 1864; Henry Plummer, Ned -Ray and Buck Stinson, Bannack City, January 10th, 1864; George Lane, -(Club-foot George,) Frank Parish, Haze Lyons, Jack Gallagher and Boone -Helm, Virginia City, January 14th, 1864; Steven Marsland, Big Hole -Ranche, January 16th, 1864; William Bunton, Deer Lodge Valley, January -19th, 1864; Cyrus Skinner, Alexander Carter, and John Cooper, Hell Gate, -January 25th, 1864; George Shears, Frenchtown, January 24th, 1864; -Robert Zachary, Hell Gate, January 25th, 1864; William Graves alias -Whiskey Bill, Fort Owens, January 26th, 1864; William Hunter, Gallatin -Valley, February 3d, 1864; John Wagoner, (Dutch John) and Joe Pizanthia, -Bannack City, January 11th, 1864. - -Judge Smith and J. Thurmond, the counsel of the road agents, were -banished. Thurmond brought an action, at Salt Lake, against Mr. Fox, -charging him with aiding in procuring his banishment. After some -peculiar developments of justice in Utah, he judiciously withdrew all -proceedings, and gave a receipt in full of all past and future claims -on the Vigilance Committee, in which instance he exhibited a wise -discretion-- - - “It’s no for naething the gled whistles.” - -The Bannack branch of the Vigilantes also sent out of the country, H. -G. Sessions, convicted of circulating bogus dust, and one H. D. Moyer, -who furnished a room at midnight, for them to work in, together with -material for their labor. A man named Kustar was also banished for -recklessly shooting through the windows of the hotel opposite his place -of abode. - -The circumstances attending the execution of J. A. Slade, and the -charges against him, will appear in full in a subsequent part of this -work. This case stands on a footing distinct from all the others. - -Moore and Reeves were banished, as will afterwards appear, by a miners’ -jury, at Bannack, in the winter of 1863, but came back in the Spring. -They fled the country when the Vigilantes commenced operations, and are -thought to be in Mexico. - -Charley Forbes was a member of the gang; but being wounded in a -scuffle, or a robbery, a doctor was found and taken to where he lay. -Finding that he was incurable, it is believed that Moore and Reeves -shot him, to prevent his divulging what he knew of the band; but this -is uncertain. Some say he was killed by Moore and Reeves, in Red Rock -Canon. - -The headquarters of the marauders was Rattlesnake Ranche. Plummer -often visited it, and the robbers used to camp, with their comrades, -in little wakiups above and below it, watching, and ready for fight, -flight or plunder. Two rods in front of this building was a sign post, -at which they used to practice with their revolvers. They were capital -shots. Plummer was the quickest hand with his revolver of any man in -the mountains. He could draw the pistol and discharge the five loads in -three seconds. The post was riddled with holes, and was looked upon as -quite a curiosity, until it was cut down, in the summer of 1863. - -Another favorite resort of the gang was Dempsey’s Cottonwood Ranche. -The owner knew the character of the robbers, but had no connection -with them; and, in those days, a man’s life would not have been worth -fifteen minutes purchase, if the possessor had been foolish enough even -to hint at his knowledge of their doings. Daley’s, at Ramshorn Gulch, -and ranches or wakiups on the Madison, the Jefferson, Wisconsin Creek, -and Mill Creek, were also constantly occupied by members of the band. - -By discoveries of the bodies of the victims, the confessions of the -murderers before execution, and reliable information sent to the -Committee, it was found that one hundred and two people had been -certainly killed by those miscreants in various places, and it was -believed, on the best information, that scores of unfortunates had -been murdered and buried, whose remains were never discovered, nor -their fate definitely ascertained. All that was known, was that they -started, with greater or less sums of money, for various places, and -were never heard of again. - - - - -CHAPTER V. - -THE DARK DAYS OF MONTANA. - - “Will all Neptune’s Ocean wash this blood - Clean from my hand?”--MACBETH. - - -Henry Plummer, a sketch of whose previous career will appear in a -subsequent part of this narrative, came to Montana Territory from -Orofino. He and Reeves had there got into a difficulty with another -man, and had settled the matter in the way usual in the trade--that is -to say, they shot him. - -Plummer--who, it seems, had for a long time contemplated a visit to the -States--made at once for the River, intending to go down by boat; but -finding that he was too late, he came back to Gold Creek, and there -met Jack Cleveland, an old acquaintance, and former partner in crime. -They made arrangements to pass the winter together at Sun River Farm. -Plummer was to attend to the chores about the house, and Jack Cleveland -was to get the wood. The worthy couple true to their instincts, did not -long remain in harmony, but quarrelled about a young lady, whom Plummer -afterwards married. Neither would leave, unless the other went also, -and at last they both started, in company, for Bannack. - -This town originated from the “Grasshopper Diggings,” which were first -discovered in the month of July, by John White and a small party of -prospectors, on the Grasshopper Creek, a tributary of the Beaverhead. -The discoverer, together with Rodolph Dorsett, was murdered by Charley -Kelly, in the month of December, 1863, near the Milk Ranche, on the -road from Virginia City to Helena. Wash Stapleton and his party came -in a short time after, and were soon joined by others, among whom -were W. B. Dance, S. T. Hauser, James Morley, Drury Underwood, F. M. -Thomson, N. P. Langford, James Fergus, John Potter, Judge Hoyt and Dr. -Hoyt, Chas. St. Clair, David Thompson, Buz Caven, Messrs. Burchett, -Morelle, Harby, J. M. Castner, Pat Bray and brother, Sturges, Col. -McLean, R. C. Knox, and other well known citizens of Montana. The name, -“Bannack,” was given to the settlement, from the Bannack Indians, the -lords of the soil. It was the first “mining camp” of any importance, -discovered on the eastern slope of the Mountains, and as the stories of -its wonderful richness went abroad, hundreds of scattered prospectors -flocked in, and before the following Spring, the inhabitants numbered -upwards of a thousand. - -It is probable that there never was a mining town of the same size that -contained more desperadoes and lawless characters, than did Bannack, -during the winter of 1862-3. While a majority of the citizens were -of the sterling stock, which has ever furnished the true American -pioneers, there were great numbers of the most desperate class of -roughs and road agents, who had been roving though the mountains, -exiles from their former haunts in the mining settlements, from which -they had fled to avoid the penalties incurred by the commission of -many a fearful crime. These men no sooner heard of the rich mines -of Bannack, than they at once made for the new settlement, where, -among strangers, ignorant of their crimes, they would be secure from -punishment, at least until their true character should become known. - -During their journey to Bannack, Cleveland often said, when a little -intoxicated, that Plummer was his meat. On their arrival at their -destination, they were, in Mountain phrase, “strapped;” that is, they -were without money or means; but Cleveland was not thus to be foiled; -the practice of his profession furnishing him with ample funds, at -the cost of a short ride and a pistol cartridge. In February, 1863, a -young man named George Evans, having a considerable sum of money on his -person, was hunting stock belonging to William Bates, beyond Buffalo -Creek, about eight miles from Bannack, and this man, it is believed, -was shot by Cleveland, and robbed, as the murderer--who had no money at -the time--was seen riding close to the place, and the next day he had -plenty. Evans’ partner, Ed. Hibbert, got a horse from J. M. Castner, -and searched for him in vain, returning impressed with the belief that -he had frozen to death. In a short time, a herder named Duke, a partner -of Jemmy Spence, was also hunting cattle, when he found Evans’ clothes -tucked into a badger hole. A body, which, however, was never fully -identified, was found naked in the willows, with a shot wound in the -right armpit. It seems as if the victim had seen a man about to shoot, -and had raised his arm deprecatingly. - -Shortly after this, Cleveland came in to Goodrich’s saloon, and said -he was CHIEF; that he knew all the d----d scoundrels from the “other -side,” and would get even on some of them. A difficulty arose between -him and Jeff. Perkins, about some money which the latter owed in the -lower country. Jeff. assured him that he had settled the debt, and -thereupon Jack said, “Well, if it’s settled, it’s all right;” but he -still continued to refer to it, and kept reaching for his pistol. -Plummer, who was present, told him that if he did not behave himself, -he would take him in hand, for that Jeff. had settled the debt, and he -ought to be satisfied. Jeff. went home for his derringers, and while -he was absent, Jack Cleveland boastingly declared that he was afraid -of none of them. Plummer jumped to his feet instantly, saying, “You -d----d son of a b----h, I am tired of this,” and, drawing his pistol, -he commenced firing at Cleveland. The first ball lodged in the beam -overhead, where it still remains. The second struck him below the -belt, and he fell to his knees, grasping wildly at his pistol, and -exclaiming, “Plummer, you won’t shoot me when I’m down;” to which -Plummer replied, “No you d----d son of a b----h; get up,” and, as -he staggered to his feet, he shot him a little above the heart. The -bullet, however, glanced on the rib, and went round his body. The next -entered below the eye, and lodged in his head. The last missile went -between Moore and another man, who was sitting on the bench. As may -be supposed the citizen discovered that business called him outside -immediately; and, met George Ives, with a pistol in his hand, followed -by Reeves, who was similarly accoutred for the summary adjustment of -“difficulties.” - -Singular enough, it must appear to the inhabitants of settled -communities, that a man was being shaved in the saloon at the time, and -neither he nor the operator left off business--CUSTOM IS EVERYTHING, -and fire-eating is demonstrably an acquired habit. - -Ives and Reeves each took Plummer by the arm, and walked down street, -asking as they went along: “Will the d----d strangling sons of b----s -hang you now?” - -Hank Crawford was, at this time, boarding with L. W. Davenport, of -Bannack, and was somewhat out of health. His host came into the room, -and said that there was a man shot somewhere up town, in a saloon. -Crawford immediately went to where the crowd had gathered, and found -that such was the fear of the desperadoes, that no one dared to lift -the head of the dying man. Hank said aloud, that it was out of the -question to leave a man in such a condition, and asked, “Is there no -one that will take him home?” Some answered that they had no room; to -which he replied, that he had not, either, but he would find a place -for him; and, assisted by three others, he carried him to his own -lodging--sending a messenger for the doctor. - -The unfortunate man lived about three hours. Before his decease, he -sent Crawford to Plummer for his blankets. Plummer asked Crawford what -Jack had said about him; Crawford told him, “nothing.” “It is well for -him,” said Plummer, “or I would have killed the d----d son of a b----h -in his bed.” He repeated his question several times, very earnestly. -Crawford then informed him that, in answer to numerous inquiries by -himself and others, about Cleveland’s connections, he had said, “Poor -Jack has got no friends. He has got it, and I guess he can stand -it.” Crawford had him decently buried, but he knew, from that time, -that Plummer had marked him for destruction, fearing that some of -Cleveland’s secrets might have transpired, in which case he was aware -that he would surely be hung at the first opportunity. - -No action was taken about this murder for some time. It required a -succession of horrible outrages to stimulate the citizens to their -first feeble parody of justice. Shooting, duelling, and outrage, were -from an early date, daily occurrences, in Bannack; and many was the -foul deed done, of which no record has been preserved. As an instance -of the free and easy state of society at this time, may be mentioned -a “shooting scrape” between George Carrhart and George Ives, during -the winter of ’62-3. The two men were talking together in the street, -close to Carrhart’s cabin. Gradually they seemed to grow angry, and -parted, Ives exclaiming aloud, “You d----d son of a b----h, I’ll shoot -you,” and ran into a grocery for his revolver. Carrhart stepped into -his cabin, and came out first, with his pistol in his hand, which he -held by his side, the muzzle pointing downwards. George Ives came -out, and turning his back on Carrhart, looked for him in the wrong -direction--giving his antagonist a chance of shooting him in the -back, if he desired to do so. Carrhart stood still till Ives turned, -watching him closely. The instant Ives saw him, he swore an oath, and -raising his pistol, let drive, but missed him by an inch or so, the -bullet striking the wall of the house, close to which he was standing. -Carrhart’s first shot was a miss-fire, and a second shot from Ives -struck the ground. Carrhart’s second shot flashed right in Ives’s face, -but did no damage, though the ball could hardly have missed more than -a hairs’ breadth. Carrhart jumped into the house, and reaching his -hand out, fired at his opponent. In the same fashion, his antagonist -returned the compliment. This was continued till Ives’s revolver was -emptied--Carrhart having one shot left. As Ives walked off to make his -escape, Carrhart shot him in the back, near the side. The ball went -through, and striking the ground in front of him, knocked up the dust -ahead of him. Ives was not to be killed by a shot, and wanted to get -another revolver, but Carrhart ran off down the street. Ives cursed -him for a coward “shooting a man in the back.” They soon made up their -quarrels, and Ives went and lived with Carrhart, on his ranche, for the -rest of the winter. - -Accidents will happen in the best regulated families, and we give a -specimen of “casualties” pertaining to life in Bannack during this -delightful period. Dr. Biddle, of Minnesota, and his wife, together -with Mr. and Mrs. Short, and their hired man, were quietly sitting -round their camp fire on Grasshopper Creek, when J. M. Castner, -thinking that a lady in the peculiar situation of Mrs. Biddle would -need the shelter of a house, went over to the camp, and sitting -down, made his offer of assistance, which was politely acknowledged, -but declined by the lady, on the ground that their wagon was very -comfortably fitted up. Scarcely were the words uttered, when crack! -went a revolver, from the door of a saloon, and the ball went so close -to Castner’s ear, that it stung for two or three days. It is stated -that he shifted the position of his head with amazing rapidity. Mrs. -Biddle nearly fainted and became much excited, trembling with terror. -Castner went over to the house, and saw Cyrus Skinner in the act -of laying his revolver on the table, at the same time requesting a -gentleman who was playing cards to count the balls in it. He at first -refused, saying he was busy; but, being pressed, said, after making -a hasty inspection, “Well, there are only four.” Skinner replied, “I -nearly frightened the ---- out of a fellow, over there.” Castner laid -his hand on his shoulder, and said, “My friend, you nearly shot Mrs. -Biddle.” Skinner declared that he would not have killed a woman “for -the world,” and swore that he thought it was a camp of Indians, which -would, in his view, have made the matter only an agreeable pastime. He -asked Castner to drink, but the generous offer was declined. Probably -the ball stuck in his throat. The Doctor accepted the invitation. These -courtesies were like an invitation from a Captain to a Midshipman, “No -compulsion, only you must.” - -A little episode may here be introduced, as an illustration of an easy -method of settling debts, mentioned by Shakespeare. The sentiment is -the Earl of Warwick’s. The practical enforcement of the doctrine is to -be credited in this instance, to Haze Lyons, of the Rocky Mountains, -a self-constituted and energetic Receiver-General of all moneys and -valuables not too hot or too heavy for transportation by man or horse, -at short notice. The “King Maker” says: - - “When the debt grows burdensome, and cannot be discharged - A sponge will wipe out all, and cost you nothing.” - -The substitute for the “sponge” above alluded to, is, usually, in cases -like the following, a revolver, which acts effectually, by “rubbing -out” either the debt or the creditor, as circumstances may render -desirable. Haze Lyons owed a board bill to a citizen of Bannack, who -was informed that he had won $300 or $400 by gambling the night before, -and accordingly asked him for it. He replied, “You son of a b----h, -if you ask me for that again, I’ll make it unhealthy for you.” The -creditor generously refrained from farther unpleasant inquiries, and -the parties met again for the first time, face to face, at the gallows, -on which Haze expiated his many crimes. - -The next anecdote is suggestive of one, among many ways of incidentally -expressing dislike of a man’s “style” in business matters. Buck -Stinson had gone security for a friend, who levanted; but was pursued -and brought back. A mischievous boy had been playing some ridiculous -pranks, when his guardian, to whom the debt mentioned was due, spoke to -him severely, and ordered him home. Buck at once interfered, telling -the guardian that he should not correct the boy. On receiving for -answer that it certainly would be done, as it was the duty of the boy’s -protector to look after him, he drew his revolver, and thrusting it -close to the citizen’s face, saying, “G--d d----n you, I don’t like -you very well, any how,” was about to fire, when the latter seized -the barrel and threw it up. A struggle ensued, and finding that he -couldn’t fire, Stinson wrenched the weapon out of his opponent’s hand, -and struck him heavily across the muscles of the neck, but failed to -knock him down. The bar-keeper interfering, Stinson let go his hold, -and swore he would shoot him; but he was quieted down. The gentleman -being warned, made his way home at the double-quick, or faster, and put -on his revolver and bowie, which he wore for fifteen days. At the end -of this time, Plummer persuaded Stinson to apologize, which he did, and -thereafter behaved with civility to that particular man. - -The wild lawlessness and the reckless disregard for life which -distinguished the outlaws, who had by this time concentrated at -Bannack, will appear from the account of the first “Indian trouble.” -If the facts here stated do not justify the formation of a Vigilance -Committee in Montana, then may God help Uncle Sam’s nephews when -they venture west of the River, in search of new diggings. In March, -1863, Charley Reeves, a prominent “clerk of St. Nicholas,” bought a -Sheep-eater squaw; but she refused to live with him, alleging that she -was ill-treated, and went back to her tribe, who were encamped on the -rise of the hill, south of Yankee Flat, about fifty yards to the rear -of the street. Reeves went after her, and sought to force her to come -back with him, but on his attempting to use violence, an old chief -interfered. The two grappled. Reeves, with a sudden effort, broke from -him, striking him a blow with his pistol, and, in the scuffle, one -barrel was harmlessly discharged. - -The next evening, Moore and Reeves, in a state of intoxication, entered -Goodrich’s saloon, laying down two double-barrelled shot-guns and -four revolvers, on the counter, considerably to the discomfiture of -the bar-keeper, who, we believe, would have sold his position very -cheap, for cash, at that precise moment, and it is just possible that -he might have accepted a good offer “on time.” They declared, while -drinking, that if the d----d cowardly white folks on Yankee Flat, -were afraid of the Indians, they were not, and that they would soon -“set the ball a rolling.” Taking their weapons, they went off to the -back of the houses, opposite the camp, and levelling their pieces, -they fired into the tepee, wounding one Indian. They returned to the -saloon and got three drinks more, boasting of what they had done, and -accompanied by William Mitchell, of Minnesota, and two others, they -went back, determined to complete their murderous work. The three above -named then deliberately poured a volley into the tepee, with fatal -effect. Mitchell, whose gun was loaded with an ounce ball and a charge -of buckshot, killed a Frenchman named Brissette, who had run up to -ascertain the cause of the first firing--the ball striking him in the -forehead, and the buckshot wounding him in ten different places. The -Indian chief, a lame Indian boy, and a pappoose, were also killed; but -the number of the parties who were wounded has never been ascertained. -John Burnes escaped with a broken thumb, and a man named Woods was shot -in the groin, of which wound he has not yet entirely recovered. This -unfortunate pair, like Brissette, had come to see the cause of the -shooting, and of the yells of the savages. The murderers being told -that they had killed white men, Moore replied, with great SANG FROID, -“The d----d sons of b----s had no business there.” - - - - -CHAPTER VI. - -THE TRIAL. - - Desponding fear, of feeble fancies full, - Weak and unmanly, loosens every power.--THOMSON. - - -The indignation of the citizens being aroused by this atrocious and -unprovoked massacre, a mass meeting was held the following morning to -take some action in the premises. Charley Moore and Reeves hearing -of it, started early in the morning, on foot, towards Rattlesnake, -Henry Plummer preceding them on horseback. Sentries were then posted -all round the town, to prevent egress, volunteers were called for, to -pursue the criminals, and Messrs. Lear, Higgings, O. J. Rockwell and -Davenport at once followed on their track, coming up with them where -they had hidden, in a thicket of brush, near the creek. The daylight -was beginning to fade, and the cold was intense when a reinforcement -arrived, on which the fugitives came out, delivered themselves up, and -were conducted back to Bannack. - -Plummer was tried and honorably acquitted, on account of Cleveland’s -threats. Mitchell was banished, but he hid around the town for awhile, -and never went away. Reeves and Moore were next tried. Mr. Rheem had -promised the evening before to conduct the prosecution, and Judge Smith -had undertaken the defense, when on the morning of the trial, Mr. -Rheem announced that he was retained for the defense. This left the -people without any lawyer or prosecutor. Mr. Coply at last undertook -the case, but his talents not lying in that direction, he was not -successful as an advocate. Judge Hoyt, from St. Paul, was elected -Judge, and Hank Crawford, Sheriff. Owing to the peculiarly divided -state of public opinion, it seemed almost impossible to select an -impartial jury from the neighborhood, and therefore a messenger was -sent to Godfrey’s Canon, where N. P. Langford, R. C. Knox, A. Godfrey, -and others, were engaged in erecting a saw-mill, requesting them -to come down to Bannack and sit on the jury. Messrs. Langford and -Godfrey came down at once, to be ready for the trial the next day. The -assembly of citizens numbered about five or six hundred, and to them -the question was put, “Whether the prisoners should be tried by the -people EN MASSE, or by a selected jury.” Some leading men advocated -the first plan. N. P. Langford and several prominent residents took -the other side, and argued the necessity for a jury. After several -hours’ discussion, a jury was ordered, and the trial proceeded. At the -conclusion of the evidence and argument, the case was given to the jury -without any charge. The Judge also informed them that if they found -the prisoners guilty, they must sentence them. At the first ballot, -the vote stood: For death, 1; against it, 11. The question of the -prisoners’ GUILT admitted of no denial. N. P. Langford alone voted for -the penalty of death. A sealed verdict of banishment and confiscation -of property was ultimately handed to the Judge, late in the evening. -Moore and Reeves were banished from the Territory, but were permitted -to stay at Deer Lodge till the Range would be passable. - -In the morning, the Court again met, and the Judge informed the people -that he had received the verdict, which he would now hand back to the -foreman to read. Mr. Langford accordingly read it aloud. - -From that time forward, a feeling of the bitterest hostility was -manifested by the friends of Moore, Reeves and Mitchell toward all who -were prominently connected with the proceedings. - -During the trial, the roughs would swagger into the space allotted for -the Judge and Jury, giving utterance to clearly understood threats, -such as, “I’d like to see the G--d d----d Jury that would dare to hang -Charley Reeves or Bill Moore,” etc., etc., which doubtless had fully -as much weight with the Jury as the evidence had. The pretext of the -prisoners that the Indians had killed some whites, friends of theirs, -in ’49, while going to California, was accepted by the majority of -the jurors as some sort of justification; but the truth is, they were -afraid of their lives--and, it must be confessed, not without apparent -reason. - -To the delivery of this unfortunate verdict may be attributed the -ascendancy of the roughs. They thought the people were afraid of them. -Had the question been left to old Californians or experienced miners, -Plummer, Reeves and Moore would have been hanged, and much bloodshed -and suffering would have been thereby prevented. No organization of the -Road Agents would have been possible. - - - - -CHAPTER VII. - -PLUMMER VERSUS CRAWFORD. - - “I had rather chop this hand off at a blow - And with the other fling it at thy face, - Than bear so low a sail, to strike to thee.” - SHAKSPEARE--HENRY VI. - - -Crawford, who was appointed Sheriff at the trial of Moore and Reeves, -tendered his resignation on two or three different occasions; but was -induced to continue in office by the strongest representations of his -friends. They promised to stand by him in the execution of his duty, -and to remunerate him for his loss of time and money. The arms taken -from Plummer, Reeves and Mitchell were sold by Crawford to defray -expenses. - -Popular sentiment is shifting and uncertain as a quicksand. Shortly -after this, “Old Tex,” one of the gang, collected a miners’ meeting, -and at it, it was resolved to give the thieves their arms, Plummer and -Tex claiming them as their property. The Sheriff had to go and get -them, paying, at the same time, all expenses, including in the list -even the board of the prisoners. For his services not a cent was ever -paid to him. Popular institutions are of divine origin. Government by -the people EN MASSE is the acme of absurdity. - -Cleveland had three horses at the time of his death. One was at a -Ranch at Bannack, and two were down on Big Hole. Crawford called two -meetings, and was authorized to seize Cleveland’s property and sell -it, in order to reimburse himself for his outlay, which was both -considerable in amount and various in detail, and repay himself for -his outlay and expenses of various kinds. He went to old Tex who said -that Jack Cleveland had a partner, named Terwilliger, (another of -the gang) who was absent, and that he had better leave them till he -came back. One day Crawford wanted to go to Beaverhead, and wished -to take one of the horses to ride. Tex said it would be wrong to do -so. In a day or two after, Crawford saw the horse in town, and asking -Tex if it was not the animal. He said “No, it was not;” but Crawford, -doubting his statement, inquired of a man that he knew was perfectly -well informed on the subject, and found that it was as he supposed, and -that the ranchman had brought it in for Tex to ride during the journey -he contemplated, with the intention of meeting Terwilliger. Crawford -ordered the horse back, and desired that it should not be given to any -one. The man took it as directed. When the men were banished, Plummer -went to the Ranch, took the horse and rode it, when escorting the -culprits out of town. He then brought it back. Crawford who had charge -of the horse, asked Hunter if Tex had taken it. He said “no.” - -The next evening, Crawford and some acquaintances went down to the -bakery to take a drink, and there met Plummer, who accused him of -ordering the horse to be kept from him, which he denied, and said he -never mentioned his name. Hunter being called by Plummer confirmed -the statement. He also observed, that he thought that as Plummer -had killed the man, he need not wish to take his money and his goods -also. Plummer then remarked that Bill Hunter did not stand to what he -had said, and left the house. He had dared Crawford to remain and face -Hunter’s testimony, expecting to raise a row and shoot him. Crawford -accepted the challenge, and, surrounded by his friends, with their -hands on their six shooters, awaited his coming. If he had moved his -hand to his pistol, he would have died on the spot, and knowing this, -he cooled off. - -The next day he sent word to Crawford, by an old mountaineer, that he -had been wrongly informed, and that he wished to meet him as a friend. -He replied that he had been abused without cause, and that, if he -wanted to see him, he must come himself, as he was not going to accept -of such apologies by deputy. Plummer sent word two or three times, -to Hank, in the same way, and received the same reply; till at last -some of the boys brought them together, and they shook hands, Plummer -declaring that he desired his friendship ever after. - -In a few days, Hank happened to be in a saloon, talking to a man who -had been fighting, when a suspicious looking individual came up to him, -and asked what he was talking about. He replied that it was none of his -business. The man retorted with a challenge to fight with pistols. Hank -said, “You have no odds of me with a pistol.” The fellow offered to -fight with fists. Hank agreed, and seeing that the man had no belt on, -took off his own, and laid his pistol in, on the bar. The man stepped -back into a dark corner, and Crawford going up, slapped him across the -face. He instantly leveled a six shooter at Crawford, which he had -concealed; but Hank was too quick, and catching him by the throat and -hand, disarmed him. Plummer joined the man, and together, they wrested -the pistol from his hand, and made a rush at him. Hank and Harry -Flegger, however, kept the pistol in spite of them. Harry fetched his -friend out, saying, “Come on Hank; this is no place for you; they are -set on murdering you, any way.” He then escorted him home. The owner of -the saloon told Crawford, afterwards, that it was all a plot. That the -scheme was to entice him out to fight with pistols, and that the gang -of Plummer’s friends were ready with double-barrelled shot-guns, to -kill him, as soon as he appeared. - -Everything went on quietly for a few days, when Hank found he should -have to start for Deer Lodge, after cattle. Plummer told him that -he was going to Benton. Hank asked him to wait a day or two, and he -would go with him; but Plummer started on Monday morning, with George -Carrhart, before Hank’s horses came in. When the animals were brought -in, Hank found that private business would detain him, and accordingly -sent his butcher in his place. The next day Plummer, finding that he -was not going, stopped at Big Hole, and came back. Hank afterwards -learned that Plummer went out to catch him on the road, three different -times, but, fortunately, missed him. - -During the week, Bill Hunter came to Hank, and pretended that he had -said something against him. To this Hank replied, that he knew what -he was after, and added, “If you want anything, you can get it right -straight along.” Not being able “to get the drop on him,” (in mountain -phrase) and finding that he could not intimidate him, he turned and -went off, never afterwards speaking to Hank. - -On the following Sunday, Plummer came into a saloon where Hank was -conversing with George Purkins, and, addressing the latter, said, -“George, there’s a little matter between you and Hank that’s got to be -settled.” Hank said, “Well, I don’t know what it can be,” and laughed. -Plummer observed, “You needn’t laugh, G--d d----n you. It’s got to -be settled.” Turning to Purkins, he stated that he and Crawford had -said he was after a squaw, and had tried to court “Catharine.” He -commenced to abuse Purkins and telling him to “come out,” and that -he was “a cowardly son of a b----h.” He also declared that he could -“lick” both him and Hank Crawford. George said that he was a coward, -and no fighting man, and that he would not go out of doors with any -body. Plummer gave the same challenge to Hank, and received for a -reply, that he was not afraid to go out with any man, and that he did -not believe one man was made to scare another. Plummer said, “come -on,” and started ahead of Hank towards the street. Hank walked quite -close up to him, on his guard all the time, and Plummer at once said, -“Now pull your pistol.” Hank refused, saying, “I’ll pull no pistol; I -never pulled a pistol on a man, and you’ll not be the first.” He then -offered to fight him in any other way. “I’m no pistol shot,” he added, -“and you would not do it if you hadn’t the advantage.” Plummer said, -“If you don’t pull your pistol, I’ll shoot you like a sheep.” Hank -quietly laid his hand on his shoulder, and, fixing his eyes on him, -said slowly and firmly, “If that’s what you want, the quicker you do -it, the better for you,” and turning round, walked off. Plummer dared -not shoot without first raising a fuss, knowing that he would be hung. -During the altercation above narrated, Hank had kept close to Plummer -ready for a struggle, in case he offered to draw his pistol, well -knowing that his man was the best and quickest shot in the mountains; -and that if he had accepted his challenge, long before he could have -handled his own revolver, three or four balls would have passed through -his body. The two men understood one another, at parting. They looked -into each other’s eyes. They were mountaineers, and each man read, in -his opponent’s face, “Kill me, or I’ll kill you.” Plummer believed that -Hank had his secret, and one or the other must therefore die. - -Hank went, at once, to his boarding house, and taking his -double-barrelled shot gun, prepared to go out, intending to find and -kill Plummer at sight. He was perfectly aware that all attempts at -pacification would be understood as indications of cowardice, and -would render his death a mere question of the goodness of Plummer’s -ammunition. Friends, however, interfered, and Hank could not get away -till after they left, late in the evening. - -By the way, is it not rather remarkable, that if a man has a few -friends round him, and he happens to become involved in a fight, -the aforesaid sympathizers, instead of restraining his antagonist, -generally hold HIM, and wrestle all the strength out of him, frequently -enabling his opponent to strike him while in the grasp of his officious -backers? A change of the usual programme would be attended with -beneficial results, in nine cases out of ten. Another suggestion we -have to make, with a view to preventing actual hostilities, and that -is, that when a man raves and tears, shouting, “let go,” “let me -at him,” “hold my shirt while I pull off my coat,” or makes other -bellicose requests, an instant compliance with his demands will at once -prevent a fight. If two men, also, are abusing one another, in loud and -foul language, the way to prevent blows is to seize hold of them and -commencing to strip them for a fight, form a ring. This is commonly a -settler. No amount of coin could coax a battle out of them. Such is our -experience of all the loud mouthed brigade. Men that mean “fight” may -hiss a few muttered anathemas, through clenched teeth; but they seldom -talk much, and never bandy slang. - -Hank started and hunted industriously for Plummer, who was himself -similarly employed, but they did not happen to meet. - -The next morning, Hank’s friends endeavored to prevail upon him to -stay within doors until noon; but it was of no avail. He knew what was -before him, and that it must be settled, one way or the other. Report -came to him, that Plummer was about to leave town, which at once put -him on his guard. The attempt to ensnare him into a fatal carelessness -was too evident. - -Taking his gun, he went up town, to the house of a friend--Buz Caven. -He borrowed Buz’s rifle, without remark, and stood prepared for -emergencies. After waiting some time, he went down to the butcher’s -shop which he kept, and saw Plummer frequently; but he always had -somebody close beside him, so that, without endangering another man’s -life, Hank could not fire. - -He finally went out of sight, and sent a man to compromise, saying they -would agree to meet as strangers. He would never speak to Crawford, and -Crawford should never address him. Hank was too wary to fall into the -trap. He sent word back to Plummer that he had broken his word once, -and that his pledge of honor was no more than the wind, to him; that -one or the other had to suffer or leave. - -A friend came to tell Hank that they were making arrangements to -shoot him in his own door, out of a house on the other side of the -street. Hank kept out of the door, and about noon, a lady, keeping a -restaurant, called to him to come and get a dish of coffee. He went -over without a gun. While he was drinking the coffee, Plummer, armed -with a double-barrelled gun, walked opposite to his shop door, watching -for a shot. A friend, Frank Ray, brought Hank a rifle. He instantly -leveled at Plummer, and fired. The ball broke his arm. His friends -gathered round him, and he said, “some son of a b----h has shot me.” He -was then carried off. He sent Hank a challenge to meet him in fifteen -days; but he paid no attention to a broken armed man’s challenge, -fifteen days ahead. In two days after, while Hank was in Meninghall’s -store, George Carrhart came in. Hank saw there was mischief in his -look, and went up to him at once, saying, “Now, George, I know what -you want. You had better go slow.” Stickney got close to him on the -other side, and repeated the caution. After a while he avowed that he -came to kill him; but, on hearing his story, he pulled open his coat, -showing his pistol ready in the band of his pants, and declared at the -same time that he would be his friend. Another party organized to come -down and shoot Crawford, but failed to carry out their intention. Some -of the citizens, hearing of this, offered to shoot or hang Plummer, if -Crawford would go with them; but he refused, and said he would take -care of himself. On the 13th of March, he started for Wisconsin, riding -on horseback to Fort Benton. He was followed by three men, but they -never came up with him, and taking boat at the river, he arrived safely -at home. It was his intention to come out in the Fall, and his brothers -sent him money for that purpose; but the coach was robbed, and all the -letters taken. The money, unfortunately, shared the fate of the mail. -Crawford was lately living at Virginia City--having returned shortly -after his marriage in the States. - -The account of the troubles of one man, which we have given above, has -been inserted with the object of showing the state of society which -could permit such openly planned and persistent outrages, and which -necessitated such a method of defense. Crawford, or any of the others, -might as well have applied to the Emperor of China, for redress or -protection, as to any civil official. - -The ball which struck Plummer in the arm ran down his bone, and lodged -in the wrist. After his execution, it was found brightened by the -constant friction of the joint. His pistol hand being injured for -belligerent purposes, though the limb was saved by the skill of the -attendant physician--Plummer practiced assiduously at drawing and -shooting with his left; attaining considerable proficiency; but he -never equalled the deadly activity and precision he had acquired with -the other hand, which he still preferred to use. - - - - -CHAPTER VIII. - -A CALENDAR OF CRIMES. - - The murderer’s curse, the dead man’s fixed still glare, - And fears and death’s cold sweat, they all are there. - - -Others connected with the mock trial which we have described, fared -badly, being waylaid and cruelly beaten. Mr. Ellis, the principal -witness was dogged every time he went to, or returning from his claim, -and finally was compelled to return to the States. He was followed to -Fort Benton, a distance of three hundred miles, escaping death at the -hands of his pursuers by slipping away secretly down the river, and -hiding till the steamer came past, when springing joyfully from his -place of concealment, and hailing her, he was taken on board. - -N. P. Langford was an especial object of hatred to them. They had -counted on his favoring them, at the trial, because he voted for a -jury; but when they found that his ballot was cast for the death -penalty, they vowed vengeance against him, and a gentleman, his -particular friend. The latter could never go to his claim without a -loaded gun and a revolver. Once, the roughs had the plot all completed -for the assassination of Mr. Langford; but accident revealed their -preparations and intentions, and, through the timely warning of a -friend, the conspiracy failed. The combination of the comrades of the -two gentlemen, which embraced the order loving of the community, was -too strong to be openly defied by the roughs. The danger of sudden -surprise and assassination was, however, continued. - -One day, as Langford’s friends were sauntering down Main street, he -saw Plummer approaching. He immediately drew a small bowie knife from -his belt, and began to whittle a billet of wood, which he picked up -for the purpose. Soon he came face to face with Plummer, who, looking -with suspicious intelligence at the weapon, asked: “Why do you begin to -whittle when you meet me?” The citizen regarding him with a stern and -determined look, promptly answered: “Mr. Plummer, you know what opinion -I hold concerning you and your friends, and I don’t never intend to let -you get the advantage of me. I don’t want to be shot down like a dog.” - -Finding that Mitchell had not gone away from town, a great many -citizens thought it would be the height of injustice to keep Moore and -Reeves away at Hell Gate, where the snow prevented the passage of the -mountains, and, on Sunday, a miners’ meeting was called, at which their -sentence was remitted, by vote, and they accordingly came back. - -An attempt had also been made, before this to rob the store of Messrs. -Higgins & Worden, of Deer Lodge; but the proprietors got word in time -to hide the safe. - -The Walla Walla Express was robbed by the band of Road Agents. Plummer -directed this affair, and it is thought Long John had some share in it. -The men actually engaged in it are not known. - -A Mr. Davenport and his wife were going to Benton, from Bannack, -intending to proceed by steamboat to the States. While taking a lunch -at Rattlesnake, a man masked in black suddenly came out of the willows, -near which they were camped, and demanded their money. Davenport -said he had none; the fellow laughed, and replied that his wife had, -and named the amount. A slight application of a Colt’s corkscrew, -which was pointed at Davenport’s head, brought forth his money, and -he was ordered, on pain of death, not to go back to Bannack at once; -but to leave his wife somewhere ahead. This Davenport promised, and -performed, after which he returned, and obtained some money from the -citizens to assist him in his necessity. His wife proceeded to the -States, where she arrived in safety. Davenport never knew who robbed -him. - -The house of a Frenchman, named Le Grau, who kept a bakery and -blacksmith shop at the back of Main street, Bannack, was broken into, -and everything that could be found was stolen, after which the robbers -threw the curtains into a heap and tried to burn down the house, -but they failed in this. The greater part of the owner’s money was, -fortunately, hidden, and that they missed. - -We have before spoken of Geo. Carrhart. He was a remarkably handsome -man, well educated, and it has been asserted that he was a member of -one of the Western Legislatures. His manners were those of a gentleman, -when he was sober; but an unfortunate love of whiskey had destroyed -him. On one or two occasions, when inebriated, he had ridden up and -down the street, with a shot-gun in his hand, threatening everybody. He -was extremely generous to a friend, and would make him a present of a -horse, an interest in a Ranch, or indeed, of anything that he thought -he needed. His fondness for intoxicating liquors threw him into bad -company, and caused his death. - -One day, while sleeping in Skinner’s saloon, a young man of -acknowledged courage, named Dick Sap, was playing “poker” with George -Banefield, a gambler, whose love of money was considerably in excess of -his veneration for the eighth commandment. For the purpose of making a -“flush,” this worthy stole a card. Sap at once accused him of cheating, -on which he jumped up, drew his revolver, and leveled at Sap, who was -unarmed. A friend supplied the necessary weapon, and quick as thought, -Sap and Banefield exchanged all their shots, though, strange to say, -without effect, so far as they were personally concerned. - -The quarrel was arranged after some little time, and then it was -found that Buz Caven’s dog, “Toodles,” which was under the table, had -been struck by three balls, and lay there dead. A groan from Carrhart -attracted attention, and his friends looking at him, discovered that -he had been shot through the bowels, accidentally, by Banefield. -Instantly Moore called to Reeves and Forbes, who were present, “Boys, -they have shot Carrhart; let’s kill them,” and raising his pistol, he -let fly twice at Sap’s head. Sap threw up his hands, having no weapon, -and the balls came so close that they cut one little finger badly, and -just grazed the other hand. The road agents fired promiscuously into -the retreating crowd, one ball wounding a young man, Goliath Reilly, -passing through his heel. Banefield was shot below the knee, and felt -his leg numbed and useless. He, however, dragged himself away to a -place of security, and was attended by a skillful physician; but, -refusing to submit to amputation, he died of mortification. - -In proof of the insecurity of life and property in places where -such desperadoes as Plummer, Stinson, Ray and Skinner make their -headquarters, the following incident may be cited: - -Late in the Spring of ’63, Winnemuck, a warrior chief of the Bannacks, -had come in with his band, and had camped in the brush, about -three-fourth of a mile above the town. Skinner and the roughs called -a meeting, and organized a band for the purpose of attacking and -murdering the whole tribe. The leaders, however, got so drunk that -the citizens became ashamed, and drooped off by degrees, till they -were so few that the enterprise was abandoned. A half-breed had in -the meantime, warned Winnemuck, and the wily old warrior lost no time -in preparing for the reception of the party. He sent his squaws and -pappooses to the rear, and posted his warriors, to the number of three -or four hundred, on the right side of a canyon, in such a position -that he could have slaughtered the whole command at his ease. This he -fully intended to do, if attacked, and also to have sacked the town -and killed every white in it. This would have been an achievement -requiring no extraordinary effort, and had not the drunkenness of the -outlaws defeated their murderous purpose, would undoubtedly have been -accomplished. In fact, the men whom the Vigilantes afterwards executed, -were ripe for any villainy, being Godless, fearless, worthless, and a -terror to the community. - -In June of the same year, the report came in that Joe Carrigan, William -Mitchell, Joe Brown, Smith, Indian Dick, and four others had been -killed by the Indians, whom they had pursued to recover stolen stock, -and that overtaking them, they had dismounted and fired into their -tepees. The Indians attacked them when their pieces were emptied, -killed the whole nine, and took their stock. - -Old Snag, a friendly chief, came into Bannack with his band, -immediately after this report. One of the tribe--a brother-in-law of -Johnny Grant, of Deer Lodge--was fired at by Haze Lyons, to empty -his revolver, for luck, on general principles, or for his pony--it -is uncertain which. A number of citizens, thinking it was an Indian -fight, ran out, and joined in the shooting. The savage jumped from his -horse, and, throwing down his blanket, ran for his life, shouting “Good -Indian.” A shot wounded him in the hip. (His horse’s leg was broken.) -But, though badly hurt, he climbed up the mountain and got away, still -shouting as he ran, “Good Indian,” meaning that he was friendly to -the whites. Carroll, a citizen of Bannack, had a little Indian girl -living with him, and Snag had called in to see her. Carroll witnessed -the shooting we have described, and running in, he informed Snag, -bidding him and his son ride off for their lives. The son ran out and -jumped on his horse. Old Snag stood in front of the door, on the edge -of the ditch, leaning upon his gun, which was in a sole leather case. -He had his lariet in his hand, and was talking to his daughter, Jemmy -Spence’s squaw, named Catherine. Buck Stinson, without saying a word, -walking to within four feet of him, and drawing his revolver, shot him -in the side. The Indian raised his right hand and said, “Oh! don’t.” -The answer was a ball in the neck, accompanied by the remark, enveloped -in oaths, “I’ll teach you to kill whites,” and then again he shot him -through the head. He was dead when the first citizen attracted by the -firing, ran up. Carroll, who was standing at the door, called out, -“Oh don’t shoot into the house; you’ll kill my folks.” Stinson turned -quickly upon him and roared out, with a volley of curses, topped off -with the customary expletive form of address adopted by the roughs, -“Put in your head, or I’ll shoot the top of it off.” Cyrus Skinner came -up and scalped the Indian. The band scattered in flight. One who was -behind, being wounded, plunged into the creek, seeking to escape, but -was killed as he crawled up the bank, and fell among the willows. He -was also scalped. The remainder of them got away, and the chief’s son, -checking his horse at a distance, waved to the men who had killed his -father to come on for a fight, but the bullets beginning to cut the -ground about him, he turned his horse and fled. - -While the firing was going on, two ladies were preparing for a grand -ball supper in a house adjoining the scene of the murder of Snag. The -husband of one of them being absent, cutting house logs among the -timber, his wife, alarmed for his safety, ran out with her arms and -fingers extended with soft paste. She jumped the ditch at a bound, her -hair streaming in the wind, and shouted aloud, “Where’s Mr. ----? Will -nobody fetch me my husband?” We are happy to relate that the object of -her tender solicitude turned up uninjured, and if he was not grateful -for this display of affection, we submit to the ladies, without any -fear of contradiction, that he must be a monster. - -The scalp of old Snag, the butchered chief, now hangs in a Banking -House, in Salt Lake City. - -We have recorded a few, among many, of the crimes and outrages that -were daily committed in Bannack. The account is purposely literal -and exact. It is not pleasant to write of blasphemous and indecent -language, or to record foul and horrible crimes; but as the anatomist -must not shrink from the corpse, which taints the air, as he -investigates the symptoms and examines the results of disease, so, the -historian must either tell the truth for the instruction of mankind, or -sink to the level of a mercenary pander, who writes, not to inform the -people, but to enrich himself. - - - - -CHAPTER IX. - -PERILS OF THE ROAD. - - “I’ll read you matter deep and dangerous, - As full of peril and adventurous spirit, - As to o’erwalk a current, roaring loud, - On the unsteadfast footing of a spear.”--SHAK. - - -On the 14th day of November, 1863, Sam. T. Hauser, and N. P. Langford -started for the States, in company with seven or eight freighters. -Owing to some delay in their preparations, they were not ready to start -at the hour proposed (twelve o’clock P. M.) and after considerable -urging, they prevailed upon one of the freighters to delay his -departure till five o’clock P. M. representing to him that by driving -during part of the night, they would be enabled to overtake the rest -of the train at Horse Prairie, where they were to camp for the night. -These arrangements were all made at the store of George Chrisman, where -Plummer had his office, and consequently their plans for departure were -all known to this arch-villain. - -During that afternoon, it was reported in Bannack that a silver lode -had been discovered, and Plummer, whose residence in Nevada had given -him some reputation as a judge of silver ores, was requested to go out -and examine it. Plummer had, on several occasions, been sent for to go -out and make minute examinations, and it had never been surmised that -his errands on these occasions were different from what they purported -to be. This notice to Plummer that a “silver lode” had been discovered, -was the signal that the occasion demanded the presence of the chief -of the gang, who was needed to head some marauding expedition that -required a skillful leader, and promised a rich booty as the reward of -success. Plummer always obeyed it, and in this instance, left Bannack -a little while after noon, taking a northerly direction, towards -Rattlesnake; but, after getting out of town, he changed his course and -went south, towards Horse Prairie. - -Before leaving Bannack, he presented Mr. Hauser with a woolen scarf, -telling him that he would “find it useful on the journey these cold -nights.” - -The two gentlemen did not complete their arrangements for starting -till half past seven in the evening; and, as they were about leaving -Hauser’s cabin, a splash, caused by the fall of some heavy body in -the water, and calls for assistance were heard from the brow of the -hill, south of Bannack. Upon going to the spot, it was found that -Henry Tilden, in attempting to cross the Bannack Ditch, had missed -the bridge, and his horse had fallen upon him in the water. On being -relieved from his dangerous situation, he went to the house of Judge -(now Governor) Edgerton, and reported that he had been robbed by three -men--one of whom was Plummer--between Horse Prairie and Bannack. After -he had detailed the circumstances, the greatest anxiety was felt for -the safety of Messrs. Langford and Hauser, who, it was generally -supposed had started at five o’clock on the same road. - -The unconscious wayfarers, however, knew nothing of the matter, but -they were, nevertheless, on the alert all the time. Hauser had that -morning communicated to his friend Langford, his suspicion that they -were being watched, and would be followed by the road agents, with the -intention of plundering them, and while Langford was loading his gun -with twelve revolver balls in each barrel, George Dart asked him why -he was “filling the gun-barrel so full of lead;” to which Langford -replied, that if they had any trouble with the road agents, it would be -on that night. So well satisfied were they that an attack upon them, -was contemplated, that they carried their guns in their hands, ready -cocked, throughout the whole journey to Horse Prairie, a distance of -twelve miles, but they saw nothing of the ruffians who robbed young -Tilden. - -It is supposed that Plummer and his gang had concluded that the -non-appearance of the party was owing to the knowledge of what had -happened in the afternoon, and that they were not coming out at all, -that night. This is the more probable, from the fact that Tilden -arrived home in time to have communicated the story of his robbery to -them before they started, and the freighter with whom they took passage -had told them that morning, in the presence of Plummer, that he would -leave them behind if they were not ready to start by five o’clock P. -M. It is not to be thought that Plummer would have risked a chance of -missing them, by robbing Tilden of so small an amount as $10, unless he -had felt sure that they would start at the time proposed. It is also -likely that, as his intended victims did not make their appearance, he -feared that the citizens of Bannack might turn out in search of the -Road Agents who had attacked Tilden, and that it would be prudent to -return home by a circuitous route, which he did. One thing is certain. -When they missed them, Plummer went, in hot haste, to Langford’s -boarding house, to inquire whether he was gone, and on receiving an -answer in the affirmative, rode off at once in pursuit. - -In the wagon with Langford and Hauser, was a third passenger--a -stranger to the rest of the party--who had sent forward his blankets -by one of the vehicles which left at noon, and on his arrival at camp, -he found them appropriated by some of the party, who had given up all -ideas of seeing the others before morning, and had laid down for the -night. - -Rather than disturb the sleepers, Langford directed his fellow -traveller, who was in delicate health, to occupy the wagon with Hauser, -while he himself took a buffalo robe and made a bedstead of mother -earth. - -The night was a cold one, and becoming chilled through Langford arose -and at first walked briskly up and down by the camp, in order to warm -himself. After awhile, he turned his steps towards the creek, which was -about one hundred and fifty yards distant, but with the instinctive -caution engendered by a residence in the mountains, he armed himself -with his trusty “double-barrel,” and then, with his thoughts wandering -to other scenes and other days, he slowly sauntered by the rippling -waters. - -His musings were brought to a sudden close by the murmur of voices, -born on the breeze, accompanied by the well known tramp of horses at -speed. The banks of the rivulet were lined with willows, and lay in -deep shadow, except where an opening in the thicket disclosed the -prairie that lay beyond, sleeping peacefully in the moonlight. Drawing -aside the bushes he saw three mounted men in the act of passing one of -these avenues, at the gallop. Roused to a sense of danger, he cocked -his gun and followed them down stream, to a place where an interval -between the thickets that lined both sides of the creek gave him a good -sight of the night rangers, and stood in full view, his piece lying in -the hollow of his hand, ready for instant service. - -As soon as he emerged from the shelter of the willows, and the horsemen -became aware of his presence, they stopped for a few moments, and then -bore away down the valley, determined to see the end of the matter, and -having the brush for cover, while his friends were still within hail, -if needed, the watcher pushed on for about two hundred yards and wading -to the other bank, he had no sooner reached the top, than he saw four -men at that moment mounting their horses. No sooner did they observe -him than they drove their spurs into their horses’ flanks, and started -on a run for Bannack. These men were Plummer, Buck Stinson, Ned Ray and -George Ives, who, on their return to the town by another road, after -the robbery of Tilden, having found, as before related, that Langford -and Hauser had really gone--followed at once upon their track. - -But for the providential circumstances connected with the chance -appropriation of the blankets, and the consequent sleeping of Langford -on the ground, together with his accidental appearance with his gun in -his hand, as if on guard--the whole party would have been murdered, as -it was known to their pursuers that they had a considerable amount of -treasure with them. - -The scarf which Plummer presented to Hauser was given for the purpose -of enabling the cunning robber to identify his man by night. - -It is a somewhat singular coincidence that Plummer was hung on the next -birth day of Hauser, (the 10th of January, 1864.) - -The party proceeded on their journey without interruption, and on their -arrival at Salt Lake City, they were besieged by their acquaintances -with inquiries concerning several parties who were known to have -preceded them on the road thither by about a week; but the unfortunate -objects of their solicitude never reached their destination, or were -afterwards heard of. They sleep in bloody graves; but where, how, -and when they met their death, at the hands of the Road Agents, will -probably never be known. The fate that could not be avoided was, -nevertheless avenged. - - - - -CHAPTER X. - -THE REPULSE. - - “Though few the numbers--theirs the strife, - That neither spares nor speaks for life.”--BYRON. - - -In the present and succeeding chapters, will be found accounts -of actual experiences with Road Agents, in the practice of their -profession. The exact chronological order of the narrative has, in -these cases, been broken in upon, that the reader may have a correct -notion of what an attack by Road Agents usually was. We shall show at -a future time what it too often became when bloodshed was added to -rapine. As the facts related are isolated, the story is not injured by -the slight anachronism. - -About three weeks after the occurrences recorded in the last chapter, -M. S. Moody, (Milt Moody) with three wagons started, in company with -a train of packers, for Salt Lake City. Among the later were John -McCormick, Billy Sloan, J. S. Rockfellow, J. M. Bozeman, Henry Branson -and M. V. Jones. - -In the entire caravan there was probably from $75,000 to $80,000 in -gold, and it must not be supposed that such a splendid prize could -escape the lynx-eyed vigilance of the Road Agents. - -Plummer engaged Dutch John and Steve Marshland for the job, and his -selection was not a bad one, so far as Dutch John was concerned, for -a more courageous, stalwart or reckless desperado never threw spurs -on the flanks of a cayuse, or cried “Halt!” to a true man. Steve -Marshland was a bold fellow when once in action; but he preferred -what mountaineers call a “soft thing,” to an open onslaught. This -unprofessional weakness not only saved the lives of several whom we are -proud to call friends, but ensured his own and his friends capture and -death, at the hands of the Vigilantes. - -In Black Tail Deer Canyon, the party were seated at breakfast, close to -a sharp turn in the road, when they heard two men conversing, close at -hand, but hidden by the brush. Says the “First Robber,” “You take my -revolver and I’ll take yours, and you come on right after me.” Every -man found his gun between his knees in less than no time, and not a -few discovered that their revolvers were cocked. Pulsation became -more active, and heads were “dressed” towards the corner. In a few -moments, Dutch John and Steve Marshland rode round the bend, with their -shot-guns ready. On seeing the party prepared to receive them, they -looked confused, and reined up. Steve Marshland recognized Billy Sloan, -and called out, “How do you do, Mr. Sloan?” to which Billy replied, -“Very well, THANK YOU.” The last two words have been a trouble to Sloan -ever since, being too figurative for his conscience. By way of excuse -for their presence, the Road Agents asked if the party had seen any -horses, and whether they had any loose stock, saying that they had been -informed by some half-breeds that the animals which they claimed to be -lost had been with their train. A decided negative being vouchsafed, -they rode on. - -The Robbers did not expect to come upon them so soon, and were not -masked. But for this fact, and the sight of the weapons on hand -for use, if required, the train would have been relieved of the -responsibility attaching to freighting treasure in those days, without -any delay. - -Little did the party imagine that the safety of their property and -their lives hung upon a thread, and that, the evening before, the -“prudence” of Steve Marshland had saved six or eight of the party -from unexpected death. Yet so it was. Wagner and Marshland had -followed their trail, and hitching their steeds to the bush, with -their double-barrelled guns loaded with buckshot, and at full cock, -they crawled up to within fifteen feet of the camp, and leisurely -surveyed them by the light of the fire. The travellers lay around in -perfect ignorance of the proximity of the Road Agents; their guns were -everywhere but where they ought to be, and without a sentry to warn -them of the approach of danger, they carelessly exposed themselves to -death, and their property to seizure. - -Wagner’s proposal was that he and Marshland should select their men, -and kill four with their shot-guns; that then they should move quickly -around, and keep up a rapid fire with their revolvers, shouting loudly -at the same time, to make them believe that they were attacked by a -large concealed force. There was no fear of their shooting away all -their charges, as the arms of the men who would inevitably fall would -be at their disposal, and the chances were a hundred to one that -the remainder would take to flight, and leave their treasure--for a -considerable time, at all events--within reach of the robbers. Steve, -however, “backed down,” and the attack was deferred till the next day. - -It was the custom of the packers to ride ahead of the train towards -evening, in order to select a camping place, and it was while the -packers were thus separated from the train that the attack on the -wagons took place. - -On top of the Divide, between Red Rock and Junction, the robbers rode -up to the wagons, called on them to halt, and gathering the drivers -together, Dutch John sat on his horse, covering them with his shot-gun, -while Steve dismounted and searched both them and their wagons. - -Moody had slipped a revolver into his boot, which was not detected; -$100 in greenbacks, which were in his shirt pocket, were also -unnoticed. The material wealth of Kit Erskine and his comrade driver, -appeared to be represented by half a plug of tobacco, for the -preservation of which Kit pleaded; but Steve said it was “Just what he -wanted,” and appropriated it forthwith. - -After attending to the men, Steve went for the wagons, which he -searched, cutting open the carpet sacks, and found $1,500 in treasury -notes; but he missed the gold, which was packed on the horses, in -cantinas. In the hind wagon was a sick man, named Kennedy, with his -comrade, Lank Forbes; but the nerves of the first mentioned gentleman -was so unstrung that he could not pull trigger, when Steve climbed up -and drew the curtain. Not so with Forbes. He let drive and wounded -Steve in the breast. With an oath and a yell, Steve fell to his knees, -but recovered, and jumping down from the wagon again fell, but rose and -made, afoot, for the tall timber, at an amazing speed. The noise of the -shot frightened Dutch John’s horse, which reared as John discharged -both barrels at the teamsters, and the lead whizzed past, just over -their heads, Moody dropped his hand to his boot, and seizing the -revolver, opened fire on Dutch John, who endeavored to increase the -distance between him and the wagons, to the best of his horse’s ability. - -Three balls were sent after him, one of which took effect in his -shoulder. Had Moody jumped on Marshland’s horse and pursued him, he -could have killed him easily, as the shot gun was at his saddle bow. -These reflections, and suggestions, however, occur more readily to a -man sitting in an easy chair, than to the majority of the unfortunate -individuals who happen to be attacked by masked highwaymen. - -John’s wound and Marshland’s were proof conclusive of their guilt, when -they were arrested. John made for Bannack and was nursed there. Steve -Marshland was taken care of at Deer Lodge. - -The packers wondered what had become of the wagons, and, though their -anxiety was relieved, yet their astonishment was increased, when, about -8 o’clock P. M. Moody rode up and informed them that his train had been -attacked by Road Agents, who had been repulsed and wounded. - -Steve’s horse, arms and equipage, together with twenty pounds of -tea, found lying on the road, which had been stolen from a Mormon -train, previously, were, as an acquaintance of ours expresses it, -“confiscated.” - -J. S. Rockfellow and two others rode back, and striking the trail of -Steve, followed it till eleven P. M. When afterwards arrested, this -scoundrel admitted that they were within fifteen feet of him at one -time. - -On the ground, they found scattered along the trail of the fugitive -robber, all the stolen packages, and envelopes, containing Treasury -notes; so that he made nothing by his venture, except frozen feet; -and he lost his horse, arms and traps. J. X. Beidler met Dutch John, -and bandaged up his frozen hands, little knowing who his frigid -acquaintance was. He never tells this story without observing, “That’s -just my darned luck;” at the same time polishing the butt of his “Navy” -with one hand, and scratching his head with the other, his gray eye -twinkling like a star before rain, with mingled humor and intelligence. - -Lank Forbes claimed the horse and accoutrements of Steve as the lawful -spoil of his revolver, and the reward of his courage. A demurrer was -taken to this by Milt Moody, who had done the agreeable to Dutch John, -and the drivers put in a mild remonstrance on their own behalf, on the -naval principle that all ships in sight share in the prize captured. -They claimed that their “schooners,” were entitled to be represented by -the “steersmen.” The subject afforded infinite merriment to the party -at every camp. At last a Judge was elected, a jury was empannelled, -and the attorneys harangued the judicial packers. The verdict was that -Lank should remain seized and possessed of the property taken from the -enemy, upon payment of $20 to each of the teamsters, and $30 to Milt, -and thereupon the court adjourned. The travellers reached Salt Lake -City in safety. - - - - -CHAPTER XI. - -THE ROBBERY OF PEABODY & CALDWELL’S COACH. - - “On thy dial write, ‘Beware of thieves.’”--O. W. HOLMES. - - -Late in the month of October, 1863, the sickness of one of the drivers -making it necessary to procure a substitute, William Rumsey was engaged -to take the coach to Bannack. In the stage, as passengers, were -Messrs. Mattison, Percival and Wilkinson. After crossing the hills in -the neighborhood of Virginia City, it began to snow furiously, and -the storm continued without abatement, till they arrived within two -miles of John Baker’s Ranch, on Stinkingwater, a stream which owes its -euphonious appellation to the fact that the mountaineers who named -it found on its banks the putrifying corpses of Indians, suspended -horizontally according to their usual custom, from a frame work of -poles. - -The corral at the station was found to be empty, and men were -despatched to hunt up the stock. The herdsmen came back at last with -only a portion of Peabody & Caldwell’s horses, the remainder belonging -to A. J. Oliver & Co. This detained them two hours, and finding that -they could do no better, they hitched up the leaders, that had come in -with the coach, and putting on two of Oliver’s stock for wheelers, they -drove through to Bob Dempsey’s on a run, in order to make up for lost -time. - -At this place they took on board another passenger, Dan McFadden, more -familiarly known as “Bummer Dan.” The speed was maintained all the -way to Point of Rocks, then called Copeland’s Ranch. There they again -changed horses, and being still behind time, they went at the gallop to -Bill Bunton’s Ranch, on Rattlesnake, at which place they arrived about -sunset. - -Here they discovered that the stock had been turned loose an hour -before their arrival, the people stating that they did not expect the -coach after its usual time was so long passed. Rumsey ordered them to -send a man to gather up the team, which was done, and, at dark, the -fellow came back, saying that he could not find them anywhere. The -consequence was that they were obliged to lie over for the night. This -was no great affliction; so they spent the time drinking whiskey, in -mountain style--Bill Bunton doing the honors and sharing the grog. They -had sense enough not to get drunk, being impressed with a reasonable -conviction of the probability of the violation of the rights of -property, if such should be the case. The driver had lost a pair of -gauntlet gloves at the same place, before. At daylight, all arose, -and two herders went out for the stock. One of them came back about -8 o’clock, and said that the stock was gone. A little before nine -o’clock, the other herder came in with the stock that had hauled the -coach over the last route. - -The only way they could manage was to put on a span of the coach -horses, with two old “plugs” for the wheel. The whole affair was a -plan to delay the coach, as the horses brought in were worn down -stock, turned out to recruit, and not fit to put in harness. During -the previous evening, Bob Zachary, who seemed a great friend of -Wilkinson’s, told them that he had to go on horseback to Bannack, and -to take a spare horse with him, which he wanted him to ride. The offer -was not accepted at that time, but in the morning Bob told him that -he must go, for he could not bring the horse alone by himself. The -miserable team being brought out and harnessed up, Oliver’s regular -coach, and an extra one came in sight, just at the creek crossing. Soon -Rumsey shouted, “all aboard,” the other stages came up, and all the -passengers of the three vehicles turned in, on the mutual consolation -principle, for a drink. Rumsey who sat still on the box, called, “All -aboard for Bannack,” and all took their seats but Wilkinson, who said -he had concluded to go with Bob Zachary. Bill Bunton came out with the -bottle and the glass, and gave Rumsey a drink, saying that he had not -been in with the rest, telling him at the same time that he was going -to Bannack himself, and that he wanted them to wait till he had got -through with the rest of the passengers, for that then he would go with -them. While Bunton was in the house, Rumsey had been professionally -swinging the whip, and found his arm so lame from the exercise of the -day before, that he could not use it. He thereupon asked the boys if -any of them were good at whipping? but they all said “No.” It was -blustering, cold and cloudy--blowing hard; they let down the curtains. -Finally, Bunton appeared and Rumsey said, “Billy, are you good at -whipping?” To which he answered, “Yes,” and getting up, whipped away, -while Rumsey drove. A good deal of this kind of work was to be done, -and Bunton said he was “a d----d good whipper.” They crossed the creek -and went on the table land at a run. The horses, however, soon began to -weaken, Bunton whipping heavily, his object being to tire the stock. -Rumsey told him to “ease up on them,” or they would not carry them -through. Bunton replied that the wheelers were a pair that had “played -out” on the road, and had been turned out to rest. He added that if -they were put beyond a walk they would fail. They went on, at a slow -trot, to the gulch, and there fell into a walk, when Bunton gave up -the whip, saying that Rumsey could do the little whipping, necessary, -and got inside. He sat down on a box beside Bummer Dan. Percival and -Madison were on the fore seat, with their backs to the driver. - -The stage moved on for about four minutes after this, when the coachman -saw two men wrapped in blankets, with a hood over their heads, and a -shot-gun apiece. The moment he saw them, it flashed through his mind, -“like gunpowder,” (as he afterwards said,) that they were Road Agents, -and he shouted at the top of his voice, “Look! look! boys! See what’s -a coming! Get out your arms!” Each man looked out of the nearest hole, -but Matteson, from his position was the only man that had a view of -them. They were on full run for the coach, coming out of a dry gulch, -ahead, and to the left of the road, which ran into the main canyon. He -instantly pulled open his coat, threw off his gloves, and laid his hand -on his pistol, just as they came up to the leaders, and sang out, “Up -wid your hands,” in a feigned voice and dialect. Rumsey pulled up the -horses; and they again shouted, “Up with your hands, you ----” (See -formula.) At that, Bill Bunton cried, imploringly, “Oh! for God’s -sake, men don’t kill one.” (He was stool-pitching a little, to teach -the rest of the passengers what to do.) “For God’s sake don’t kill -me. You can have all the money I’ve got.” Matteson was just going for -his pistol, when the Road Agents again shouted, “Up wid you’r hands,” -etc., “and keep them up.” Bunton went at his prayers again, piteously -exclaiming, “Oh! for God’s sake, men, don’t kill me. I’ll come right -to you. You can search me; I’ve got no arms.” At the same time he -commenced getting out on the same side of the coach as they were. - -The Road Agents then roared out, “Get down, every ---- of you, and hold -up your hands, or we’ll shoot the first of you that puts them down.” -The passengers all got down in quick time. The robbers then turned to -Rumsey, and said, “Get down, you ----” (as usual) “and take off the -passengers’ arms.” This did not suit his fancy, so he replied, “You -must be d----d fools to think I’m going to get down and let this team -run away. You don’t want the team; it won’t do you any good.” “Get -down, you ----,” said the spokesman, angrily. “There’s a man that has -shown you he has no arms; let him take them,” suggested Billy. (Bunton -had turned up the skirts of his coat to prove that he had no weapons -on.) Bunton, who knew his business, called out, “I’ll hold the horses! -I’ll hold the horses!” The Road Agent who did the talking, turned to -him, saying, “Get up, you long-legged ----, and hold them.” Bunton at -once went to the leaders, behind the two Road Agents, and they wheeling -round to Billy Rumsey, ordered him down from the box. He tied the lines -round the handle of the brake and got down, receiving the following -polite reminder of his duty, “Now, you ----, take them arms off.” - -“Needs must, when the Devil drives,” says the proverb, so off went -Billy to Bummer Dan, who had on two “Navies,” one on each side. Rumsey -took them, and walked off diagonally, thinking that he might get a shot -at them; but they were too knowing, and at once ordered him to throw -them on the ground. He laid them down, and going back to Matteson, took -his pistol off, laying it down besides the others, the robbers yelling -to him, “Hurry up, you ----.” He then went to Percival, but he had no -arms on. - -The Road Agents next ordered him to take the passengers’ money, and -to throw it on the ground with the pistols. Rumsey walked over to -Percival, who taking out his sack, handed it to him. While he was -handing over, Bill Bunton took out his own purse, and threw it about -half way to Rumsey, saying, “There’s a hundred and twenty dollars for -you--all I have in the world; only don’t kill me.” - -Billy next went to Bummer Dan, who handed out two purses from his -pocket. Rumsey took them, and threw them on the ground besides the -pistols. The next man was Matteson; but as he dropped his hands to -take out his money, the leader shouted, “Keep up your hands, you ----. -Take his money.” Rumsey approached him, and putting his hand into his -left pocket, found there a purse and a porte monnaie. Seizing the -opportunity, he asked--in a whisper--if there was anything in the porte -monnaie. He said “No.” Rumsey turned to the robbers and said, “You -don’t want this, do you?” holding up the porte monnaie. Matteson told -them that there was nothing in it but papers. They surlily answered, -“We don’t want that.” On examining the other pocket, the searcher found -a purse, which he threw out on the ground with the pistols. - -They then demanded of Rumsey whether he had all; and on his answering -“Yes,” turning to Matteson the leader said, “Is that all you’ve got?” -“No,” said he, “there’s another in here.” He was holding up his hands -when he spoke, and he nudged the pocket with his elbow. The Road Agent -angrily ordered Rumsey to take it out, and not leave “Nothing.” He did -as he was bidden, and threw the purse on the ground, after which he -started for the coach, and had his foot on the hub of the wheel, when -the robbers yelled out, “Where are you going, you ----?” “To get on the -coach, you fool,” said the irate driver, “You’ve got all there is.” He -instantly retorted, “Go back there and get that big sack,” and added -pointing to Bummer Dan, “You’re the man we’re after. Get that strap off -your shoulder, you d----d Irish ----.” Bummer Dan had a strap over his -shoulder, fastened to a large purse, that went down into his pants. He -had thrown out two little sacks before. - -Seeing that there was no chance of saving his money, he commenced -unbuckling the strap, and when Rumsey got to him he had it off. Billy -took hold of the tab to pull it out, but it would not come; whereupon -he let go and stepped back. Dan commenced to unbutton his pants, the -“Cap” ordering Rumsey to jerk it off, or he would shoot him in a -minute. While he was speaking, Rumsey saw that Dan had another strap -round his body, under his shirt. He stepped back again, saying, “You -fools! you’re not going to kill a man who is doing all he can for you. -Give him time.” They ordered him to hurry up, calling him “An awkward -----,” and telling him that they hadn’t any more time to lose. Dan had -by this time got the belt loose, and he handed Rumsey a big, fringed -bag, containing two other sacks. He received it, and tossed it beside -the pistols. - -The Road Agents finished the proceedings by saying, “Get aboard, every ----- of you; and get out of this; and if we ever hear a word from one -of you, we’ll kill you surer than h--l.” - -They all got aboard, with great promptitude, Bunton mounting beside the -driver, (he did not want to get inside then,) and commenced to whip -the horses, observing that that was a d----d hot place for him, and he -would get out of it as soon as he could. Rumsey saw, at a turn of the -road by looking over the coach, that the Road Agents had dismounted, -one holding the horses, while the other was picking up the plunder, -which amounted to about $2,800. - -The coach went on to Bannack, and reported the robbery at Peabody’s -Express Office. George Hilderman was in Peabody’s when the coach -arrived. He seemed as much surprised as any of them. His business was -to hear what would happen, and to give word if the passengers named -either of the robbers, and then, on their return, they would have -murdered them. It was at this man’s place that Geo. Ives and the gang -with him were found. He was banished when Ives was hung. Had he been -caught only a little time afterwards, he would have swung with the -rest, as his villainies were known. - -The Road Agents had a private mark on the coach, when it carried money, -and thus telegraphed it along the road. Rumsey told in Bannack whom he -suspected; but he was wrong. Bummer Dan and Percival knew them, and -told Matteson; but neither of them ever divulged it until the men were -hung. They were afraid of their lives. Frank Parish confessed his share -in this robbery. George Ives was the other. - - - - -CHAPTER XII. - -THE SETTLEMENT OF VIRGINIA CITY AND THE MURDER OF DILLINGHAM. - - -Early in June, 1863, Alder Gulch was discovered by Tom Cover, Bill -Fairweather, Barney Hughes, Edgar and some others. It was a sheer -accident. After a long and unsuccessful tour, they came thither on -their way to Bannack, and one of them took a notion to try a pan of -dirt. A good prospect was obtained, and the lucky “panner” gave his -name to the far famed “Fairweather District.” - -Tom Cover and some others of the party returned to Bannack for -provisions, and for the purpose of communicating the discovery to their -friends. A wild stampede was the consequence. - -One poor fellow, while in the willows at Beaverhead, being mistaken for -a beaver, was accidentally shot by his comrade. He lived several days, -and was carefully nursed by his slayer, who was greatly grieved at the -occurrence. The stampeders came in with pack animals. Colonel McLean -brought the first vehicle to the Gulch. The stampede reached the Gulch -on the 6th of June. The course of the stream was marked by the alders, -that filled the Gulch so densely as to prevent passage, in many places. -Some people camped on the edge of the brush, about three-fourths of a -mile above the town, accidentally set it on fire, and with a tremendous -roar, the flames swept down the creek, and burned up the entire -undergrowth. - -Almost immediately after the first great rush from Bannack--in -addition to the tents, brush wakiups and extempore fixings for -shelter--small log cabins were erected. The first of these was the -Mechanical Bakery, now standing near the lower end of Wallace street. -Morier’s saloon went up at about the same time, and the first dwelling -house was built by John Lyons. After this beginning, houses rose as if -by magic. Dick Hamilton, Root & Davis, J. E. McClurg, Hall & Simpson, -N. Story and O. C. Matthews, were among the first merchants. Dr. Steele -was first President of the Fairweather District. Dr. G. G. Bissel was -the first Judge of the Miners’ Court. The duty of the Recorder’s Office -was, we believe, performed by James Furgus. - -Among the citizens were S. S. Short, Sweney and Rogers, (discoverers,) -Johnny Green, Nelson Ptomey, Judge Potter of Highland, Jem Galbraith, -Judge Smith, (afterwards banished,) W. F. Bartlett, C. Crouch, Bixter & -Co., Tom Conner, William Cadwell, W. Emerick, Frank Heald, Frank Woody, -Marcellus Lloyd, Washburne Stapleton, John Sharp, Jerry Nowlan, E. C. -Stickney, Frank Watkins, T. L. Luce, (Mechanical Bakery,) Robinson and -Cooley, the first bakers, (open air,) Hugh O’Neil, of fistic fame, -Jem Vivian, Jack Russell, the first man who panned out “wages” in -the Grasshopper Creek, Sargent Tisdale, W. Nowlan, of the Bank, Tom -Duffy, John Murphy, Jem Patton, Jno. Kane, Pat Lynch, John Robertson, -Worcester Wymans and Charley Wymans, Barney Gilson, and many others. - -The first name given to the present capital of Montana, was “Varina,” -in honor of Jeff Davis’s wife, but it was soon changed to “Virgina.” -Dr. (Judge) G. G. Bissel was the first man that wrote it Virginia. -Being asked to head a legal document with “Varina,” he bluntly said he -would see them d----d first, for that was the name of Jeff. Davis’s -wife; and, accordingly, as he wrote it, so it remained. From this -little circumstance it will be seen that politics were anything but -forgotten on the banks of Alder Creek; but miners are sensible men, in -the main, and out in the mountains, a good man makes a good friend, -even where political opinions are widely different. The mountaineer -holds his own like a vice, and he extends the same privilege to others. -The theory is, “You may drive your stake where you darned please; -only, if you try to jump my claim, I’ll go for you, sure.” - -That is the basis of the mountain man’s creed, in love, law, war, -mining, and in fact, in everything regulated by principle. - -Of course a number of the roughs came over when the Gulch was settled, -prominent among whom was Cyrus Skinner. Per contra, “X,” was among -the early inhabitants, which fact reminds us of the line in Cato’s -soliloquy, - - “My bane and antidote are both before me.” - -The celebrated “Rogues Antidote,” aforesaid, has, however, survived all -the renowned Road Agents of the period alluded to. The true Western man -is persistent, tough, and hard to abolish. Fierce, flighty spirits, -like Lord Byron--when they get into trouble--say: - - “Better perish by the shock, - Than moulder piece-meal on the rock.” - -The motto of the Mountaineer, put into similar shape, would read: - - Never say die, but brave the shock, - While there’s a shell-fish on the rock. - -Which sentiment, though equally forcible, we reluctantly admit, -is, perhaps, a shade less poetical; but it is nevertheless, good -philosophy, which, with all respect for his lordship, is the reverse of -what should be said of the teaching derivable from the beautiful lines -of that erring genius. - -As a proof of the address and tact of Plummer, and of the terrible -state of society, it may be mentioned that he got himself elected -Sheriff, at Bannack, despite of his known character, and immediately -appointed two of his Road Agents; Buck Stinson and Ned Ray, as -Deputies. Nor did he remain contented with that; but he had the -effrontery to propose to a brave and good man, in Virginia that he -should make way for him there, and as certain death would have been -the penalty for a refusal, he consented. Thus Plummer was actually -Sheriff of both places at once. This politic move threw the unfortunate -citizens into his hands completely, and by means of his robber -deputies--whose legal functions cloaked many a crime--he ruled with a -rod of iron. - -The marvellous riches of the great Alder Gulch attracted crowds from -all the West, and afterwards from the East, also; among whom were many -diseased with crime to such an extent that for their cure, the only -available prescription was a stout cord and a good drop. - -Plummer had appointed as his Deputies, Jack Gallagher, Buck Stinson and -Ned Ray. The head Deputy was a man of another stripe, entirely, named -Dillingham, who had accurate knowledge of the names of the members -of the Road Agent Band, and was also acquainted with many of their -plans, though he himself was innocent. He told a man named Dodge, -who was going to Virginia with Wash Stapleton and another, that Buck -Stinson, Haze Lyons and Charley Forbes intended to rob them. Dodge, -instead of keeping his council, foolishly revealed the whole affair -to the robbers, who, of course, were much struck at the news. Hays -ejaculated, “----, is that so?” The three men at once concluded to -murder Dillingham. - -At Rattlesnake, Haze Lyons came to Wash Stapleton, who was on the road -between Bannack and Virginia, and asked him if he had heard about the -intended robbery, adding that he had followed Dillingham that far, -and that he had come to kill him, but he said that he feared that he -had heard about it, and had got out of the country. Wash who says -he has felt more comfortable, even when sleeping in church--at once -replied, “No; this is the first I’ve heard of it. I have only $100 in -greenbacks, and they may as well take them, if they want them, and let -me go.” The other swore it was all a d----d lie, and they separated. - -The robbers went on to Virginia. Jack Gallagher came to X, and wanted -a pony for his friend Stinson to ride down the Gulch. At first his -request was refused, the owner saying that he wanted to ride it down -the Gulch, himself. Jack insisted, and promising that he would be back -in half an hour, X lent it to him. He was away for two hours, and the -proprietor was “as hot as a wolf,” when he came back. The truth was -that they had been consulting and fixing the programme for the murder, -which was arranged for the next day, they having discovered that -Dillingham was in the gulch. - -In the morning, Buck Stinson, Haze Lyons and Charley Forbes might -be seen engaged in a grand “Medicine talk,” in the neighborhood of a -brush wakiup, where Dr. Steele was holding court, and trying the right -to a bar claim, the subject of a suit between F. Ray and D. Jones. -Dillingham was standing close by the impromptu Hall of Justice, when -the three Road Agents came up. “We want to see you,” said Haze; Stinson -walked a pace or two ahead of the others. Haze was on one side and -Forbes was behind. “Bring him along! Make him come!” said Buck Stinson, -half turning and looking over his shoulder. They walked on about ten -paces, when they all stopped, and the three faced towards Dillingham. -“---- you, take back those lies,” said Haze, and instantly the three -pulled their pistols and fired, so closely together that eye-sight was -a surer evidence of the number of shots discharged than hearing. There -was a difference, however; Haze fired first; his ball taking effect -in the thigh. Dillingham put his hand to the spot, and groaned. Buck -Stinson’s bullet went over his head; but Charley Forbes’ shot passed -through his breast. On receiving the bullet in the chest, Dillingham -fell like an empty sack. He was carried into a brush wakiup, and lived -but a very short time. - -Jack Gallagher, being Deputy Sheriff, settled the matter very neatly -and effectively (for his friends.) He rushed out, as per agreement, and -took their pistols, putting them together and reloading Buck Stinson’s, -so that no one knew (that would tell) whose pistols fired the fatal -shots. - -The men were, of course, arrested. Red tape is an institution not yet -introduced among miners. A captain of the guard, elected by the people, -and a detail of miners, took charge of the prisoners, who were lodged -in a log building, where John Mings’ store now stands. - -A people’s court was organized and the trial commenced. It was a trial -by the people EN MASSE. For our own part, knowing as we do the utter -impossibility of all the voters hearing half the testimony; seeing, -also, that the good and the bad are mingled, and that a thief’s vote -will kill the well considered verdict of the best citizen, in such -localities and under such circumstances, verdicts are as uncertain -as the direction of the wind on next Tibb’s Eve. We often hear of -the justice of the masses--“in the LONG run;” but a man may get hung -“in the SHORT run”--or may escape the rope he has so remorselessly -earned, which is, by a thousand chances to one, the more likely -result of a mass trial. The chance of a just verdict being rendered -is almost a nullity. Prejudice, or selfish fear of consequences, and -not reason, rules the illiterate, the lawless, and the uncivilized. -These latter are in large numbers in such places, and if they do -right, it is by mistake. We are of Tenterden’s opinion in the matter -of juries, (in cases like these.) “Gentlemen of the Jury,” said his -Lordship, to eleven hard looking followers of a consequential foreman, -in an appalling state of watch-chain and shirt frill, “Allow me to -congratulate you upon the soundness of your verdict; it is highly -creditable to you.” “My Lord,” replied the pursy and fussy little -bald-pated and spectacled foreman, “The ground on which we based our -verdict, was--” “Pardon me, Mr. Foreman,” interrupted the Judge, “Your -verdict is perfectly correct; the ground on which it is based is most -probably entirely untenable.” The favors of the dangerous classes -are bestowed, not on the worthy, but on the popular, who are their -uncommissioned leaders. Such favors are distributed like sailors’ prize -money, which is nautically supposed to be sifted through a ladder. What -goes through is for the officers; what sticks on the rounds is for the -men. - -James Brown and H. P. A. Smith, were in favor of a trial by twelve -men; but E. R. Cutler opposed this, for he knew that the jury would -have been impanneled by a Road Agent Sheriff. A vote was taken on the -question, by “Ayes” and “Noes;” but this failing, two wagons were drawn -up, with an interval between them. Those in favor of a trial by a jury -of twelve went through first. Those who preferred a trial by the people -traversed the vehicular defile afterwards. The motion of a jury for the -whole prevailed. - -Judge G. G. Bissell was appointed President by virtue of his office. -He stated that it was an irregular proceeding, but that if the people -would appoint two reliable men to sit with him, he would carry it -through. This was agreed to, Dr. Steel and Dr. Rutar being chosen as -associates. Three Doctors were thus appointed Judges, and naturally -enough directed the “medicine talk” on the subject. - -E. R. Cutler, a blacksmith, was appointed Public Prosecutor; Jem Brown -was elected assistant; Judge H. P. A. Smith was for the defense, and -the whole body of the people were Jurors. We may add that the jury box -was Alder Gulch, and that the throne of Justice was a wagon, drawn up -at the foot of what is now Wallace street. - -The trial commenced by the indictment of Buck Stinson and Haze Lyons, -and continued till dark, when the court adjourned. The prisoners were -placed under a strong guard at night. They were going to chain them, -but they would not submit. Charley Forbes said he “would suffer death -first.” This (of course?) suited the guard of miners, and quick as -a flash, down came six shot guns in a line with Charley’s head. The -opinion of this gentlemen on the subject of practical concatenation -underwent an instantaneous change. He said, mildly, “Chain me.” The -fetters were composed of a light logging chain and padlocks. - -All was quiet during the rest of the night; but Haze sent for a -“leading citizen,” who, covered by the guns of the guard, approached -and asked him what he wanted. “Why,” said he, “I want you to let these -men off. I am the man that killed Dillingham. I came over to do it, -and these men are innocent. I was sent here by the best men in Bannack -to do it.” Upon being asked who they were, he named some of the best -citizens, and then added, “Henry Plummer told me to shoot him.” The -first half of the statement was an impossible falsehood, many of the -men knowing nothing of the affair for several days after. The last -statement was exactly true. - -After breakfast, the trial was resumed, and continued till near noon. -The attorneys had by this time finished their pleas, and the question -was submitted to the people, “GUILTY, OR NOT GUILTY?” A nearly -unanimous verdict of “Guilty,” was returned. The question as to the -punishment to be inflicted was next submitted by the President, and a -chorus of voices from all parts of the vast assembly, shouted, “Hang -them.” Men were at once appointed to build a scaffold and to dig the -graves of the doomed criminals. - - - - -CHAPTER XII. - - -In the meantime, Charley Forbes’ trial went on. An effort was made to -save Charley on account of his good looks and education, by producing -a fully loaded pistol, which they proved (?) was his. It was, however, -Buck Stinson’s, and had been “set right” by Gallagher. The miners -had got weary, and many had wandered off, when the question was put; -but his own masterly appeal, which was one of the finest efforts of -eloquence ever made in the mountains, saved him. - -Forbes was a splendid looking fellow--straight as a ramrod; handsome, -brave and agile as a cat, in his movements. His friends believed -that he excelled Plummer in quickness and dexterity at handling his -revolver. He had the scabbard sewn to the belt, and wore the buckle -always exactly in front, so that his hand might grasp the butt, with -the forefinger on the trigger and the thumb on the cock, with perfect -certainty, whenever it was needed, which was pretty often. - -Charley told a gentleman of the highest respectability that he killed -Dillingham, and he used to laugh at the “softness” of the miners who -acquitted him. He moreover warned the gentleman mentioned that he would -be attacked on his road to Salt Lake; but the citizen was no way scary, -and said, “You can’t do it, Charley; your boys are scattered and we -are together, and we shall give you ----, if you try it.” The party -made a sixty mile drive the first day, and thus escaped molestation. -Charley had corresponded with the press, some articles on the state and -prospects of the Territory having appeared in the California papers, -and were very well written. - -Charley was acquitted by a nearly unanimous vote. Judge Smith burst -into tears, fell on his neck and kissed him, exclaiming, “My boy! my -boy!” Hundreds pressed round him, shaking hands and cheering, till it -seemed to strike them all at once, that there were two men to hang, -which was even more exciting, and the crowd “broke” for the “jail.” - -A wagon was drawn up by the people to the door, in which the criminals -were to ride to the gallows. They were then ordered to get into the -wagon, which they did, several of their friends climbing in with them. - -At this juncture, Judge Smith was called for, and then, amidst -tremendous excitement and confusion; Haze Lyons crying and imploring -mercy; a number of ladies, much affected, begged earnestly to “Save the -poor young boys’ lives.” The ladies admit the crying; but declare that -they wept in the interest of fair play. One of them saw Forbes kill -Dillingham, and felt that it was popular murder to hang Stinson and -Lyons, and let off the chief desperado, because he was good looking. -She had furnished the sheet with which the dead body was covered. - -We cannot blame the gentle hearted creatures; but we deprecate the -practice of admitting the ladies to such places. They are out of -their path. Such sights are unfit for them to behold, and in rough -and masculine business of every kind, women should bear no part. It -unsexes them and destroys the most lovely parts of their character. -A woman is a queen in her own home; but we neither want her as a -blacksmith, a plough-woman, a soldier, a lawyer, a doctor, nor in any -such professions or handicraft. As sisters, mothers, nurses, friends, -sweethearts and wives, they are the salt of the earth, the sheet anchor -of society, and the humanizing and purifying element in humanity. As -such, they cannot be too much respected, loved and protected. But from -Blue Stockings, Bloomers, and strong-minded she-males, generally, “Good -Lord, deliver us.” - -A letter (written by other parties to suit the occasion) was produced, -and a gentleman--a friend of Lyons--asked that “The letter which Haze -had written to his mother, might be read.” This was done, amid cries of -“Read the letter,” “---- the letter;” while others who saw how it would -turn out, shouted, “Give him a horse and let him go to his mother.” -A vote was taken again, after it had all been settled, as before -mentioned--the first time by ayes and noes. Both parties claimed the -victory. The second party was arranged so that the party for hanging -should go up-hill, and the party for clearing should go down-hill. -The down-hill men claimed that the prisoners were acquitted; but the -up-hills would not give way. All this time, confusion confounded -reigned around the wagon. The third vote was differently managed. -Two pairs of men were chosen. Between one pair passed those who were -for carrying the sentence into execution, and between the other pair -marched those who were for setting them at liberty. The latter party -ingeniously increased their votes by the simple but effectual expedient -of passing through several times, and finally, an honest Irish miner, -who was not so weak-kneed as the rest, shouted out, “Be ----, there’s -a bloody naygur voted three times.” The descendant of Ham broke for -the willows at top speed, on hearing this announcement. This vote -settled the question, and Gallagher, pistol in hand, shouted, “Let -them go, they’re cleared.” Amidst a thousand confused cries of, “Give -the murderers a horse,” “Let them go,” “Hurrah!” etc., one of the -men, seeing a horse with an Indian saddle, belonging to a Blackfoot -squaw, seized it, and mounting both on the same animal, the assassins -rode at a gallop out of the gulch. One of the guard remarked to -another--pointing at the same time to the gallows--“There is a monument -of disappointed Justice.” - -While all this miserable farce was being enacted, the poor victim of -the pardoned murderers lay stark and stiff on a gambling table, in a -brush wakiup, in the gulch. Judge Smith came to X, and asked if men -enough could not be found to bury Dillingham. X said there were plenty, -and, obtaining a wagon, they put the body into a coffin, and started -up the “Branch,” towards the present graveyard on Cemetery Hill, -where the first grave was opened in Virginia, to receive the body of -the murdered man. As the party proceeded, a man said to Judge Smith; -“Only for my dear wife and daughter, the poor fellows would have been -hanged.” A citizen, seeing that the so-called ladies had not a tear to -shed for the VICTIM, promptly answered, “I take notice that your dear -wife and daughter have no tears for poor Dillingham; but only for two -murderers.” “Oh,” said the husband, “I cried for Dillingham.” “Darned -well you thought of it,” replied the mountaineer. A party of eight or -ten were around the grave, when one asked who would perform the burial -service. Some one said, “Judge, you have been doing the talking for the -last three days, and you had better pray.” The individual addressed -knelt down and made a long and appropriate prayer; but it must be -stated that he was so intoxicated that kneeling, was, at least, as -much a convenience as it was a necessity. Some men never “experience -religion” unless they are drunk. They pass through the convivial and -the narrative stages, into the garrulous, from which they sail into -the religious, and are deeply affected. The scene closes with the -lachrymose or weeping development, ending in pig like slumbers. Any one -thus moved by liquor is not reliable. - - - - -CHAPTER XIII. - -THE ROBBERY OF THE SALT LAKE MAIL COACH BY GEORGE IVES, BILL GRAVES -alias WHISKEY BILL, AND BOB ZACHARY. - - “Which is the villain? Let me see his eyes, - That when I note another man like him - I may avoid him.”--SHAKSPEARE. - - -At the latter end of the month of November, 1863, Oliver’s Salt Lake -coach, driven by Thos. C. Caldwell, left Virginia for Salt Lake City, -carrying as passengers Leroy Southmayde and Captain Moore. There was -also a discharged driver named Billy. At about three P. M., they -reached Loraine’s Ranch, where George Ives rode up and stopped. He -wanted to get a change of horses, but could not obtain them. He then -ordered grain for his horse, standing beside Southmayde all the time. -Suddenly he said, “I have heard of Tex; he is at Cold Spring Ranch,” -and then ordered his horse. Steve Marshland was in his company. -Between Loraine’s and Cold Spring Ranch, they passed the coach, and -sure enough there the three were, in conversation at the Ranch, as the -stage drove up. - -Tex, alias Jem Crow, afterwards stated that they told him they were -going to rob the stage that night. Old Tex was watching the coach when -it started from Virginia, and Captain Moore observing him and knowing -his character, told Southmayde that he did not like to see him there. -Circumstances and conclusive testimony have since proved that he was -the spy, and being furnished with a fleet horse, he rode across the -country, at full speed, heading the coach, as before described. - -They drove on to the point of Rocks, and there they lay over till -morning. At Stone’s Ranch, the Road Agents made a circuit and passed -the coach unobserved. Ives had been joined, in the meanwhile, by -Whiskey Bill and Bob Zachary. About 11 A. M., the travelers overtook -the three Road Agents. Each one had his shot gun lying over his left -arm, and they appeared, from behind, like hunters. As the stage came -up, they wheeled their horses, at once, and presented their pieces. -Bill Graves drew a bead on Tom Caldwell; Ives covered Southmayde, while -Bob Zachary, keeping his gun pointed at the coach, watched Captain -Moore and Billy. - -Southmayde had the opportunity of looking down the barrels of Ives’s -gun, and could almost see the buckshot getting ready for a jump. As -a matter of taste, he thinks such a sight anything but agreeable or -edifying, and if his luck should bring him in the vicinity of Road -Agents in pursuit of their calling, he confidentially informs us that -he would prefer a side view of the operation, as he would then be able -to speak dispassionately of the affair. To report without “Fear, favor -or affection,” is rather hard when the view is taken in front, at short -range. Without “Favor or affection” can be managed; but the observance -of the first condition would necessitate an indifference to a shower -of “cold pewter,” possessed only by despairing lovers of the red-cover -novellette class, and these men never visit the mountains; alkali, -sage brush fires, and “beef-straight” having a decidedly “material” -tendency, and being very destructive of sentiment. Ives called out, -“halt! throw up your hands,” and then bade Zachary “Get down and look -after those fellows.” - -Accordingly Bob dismounted, and leaving his horse, he walked, gun in -hand, up to Southmayde. While engaged in panning out Southmayde’s dust, -he trembled from head to foot (and that not with cold.) - -The appearance of the Road Agents, at this moment, was striking, and -not at all such as would be desired by elderly members of the “Peace -party.” Each man had on a green and blue blanket, covering the body -entirely. Whiskey Bill wore a “plug” hat, (the antitype of the muff -on a soup-plate usually worn in the East.) His sleeves were rolled up -above the elbow; he had a black silk handkerchief over his face, with -holes for sight and air, and he rode a gray horse, covered from the -ears to the tail with a blanket, which, however, left the head and legs -exposed to view. George Ives’ horse was blanketed in the same way. It -was a dappled gray, with a roached mane. He himself was masked with a -piece of a gray blanket, with the necessary perforations. Zachary rode -a blue-gray horse, belonging to Bob Dempsey, (“All the country” was -their stable)--blanketed like the others--and his mask was a piece of a -Jersey shirt. - -Ives was on the off side of the driver, and Graves on the near side. -When Zachary walked up to Southmayde, he said, “Shut your eyes.” This -Southmayde respectfully declined, and the matter was not pressed. Bob -then took Leroy’s pistol and money, and threw them down. - -While Southmayde was being robbed, Billy, feeling tired, put down -his hands; upon which Ives instantly roared out, “Throw them up, you -----.” It is recorded that Billy obeyed with alacrity, though not with -cheerfulness. - -Zachary walked up to Captain Moore and made a similar request. The -Captain declared with great solemnity, as he handed him his purse, that -it was “All he had in the world;” but it afterwards appeared that a sum -of $25 was not included in that estimate of his terrestial assets; for -he produced this money when the Road Agents had disappeared. - -Continuing his search, the relieving officer came to Billy, and -demanded his pistol, which was immediately handed over. Ives asked, -“Is it loaded,” and being answered in the negative, told Bob to give -it back to the owner. Tom Caldwell’s turn came next. He had several -small sums belonging to different parties, which he was carrying for -them to their friends, and also he had been commissioned to make some -purchases. As Bob approached him, he exclaimed, “My God! what do you -want with me; I have nothing.” Graves told Zachary to let him alone, -and inquired if there was anything in the mail that they wanted. Tom -said he did not think that there was. Zachary stepped upon the brake -bar and commenced an examination, but found nothing. As Caldwell looked -at Zachary while he was thus occupied, Ives ordered him not to do that. -Tom turned and asked if he might look at him. Ives nodded. - -Having finished his search, Zachary picked up his gun, and stepped -back. Ives dismissed the “parade” with the laconic command, “Get up and -‘skedaddle.’” - -The horses were somewhat restive, but Tom held them fast, and -Southmayde, with a view to reconnoitering, said in a whisper, “Tom, -drive slow.” Ives called out, “Drive on.” Leroy turned round on his -seat, determined to find out who the robbers were, and looked carefully -at them for nearly a minute, which Ives at last observing, he yelled -out, “If you don’t turn round, and mind your business, I’ll shoot -the top of your head off.” The three robbers gathered together, and -remained watching, till the coach was out of sight. - -Leroy Southmayde lost $400 in gold, and Captain Moore delivered up $100 -in Treasury Notes, belonging to another man. - -The coach proceeded on its way to Bannack without further molestation, -and on its arrival there, Plummer was in waiting, and asked, “Was the -coach robbed to-day?” and being told that it had been, as Southmayde -jumped down, he took him by the arm, and knowing him to be Sheriff, -Southmayde was just about to tell him all about it, when Judge G. G. -Bissell gave Leroy a slight nudge, and motioned for him to step back, -which he did, and the Judge told him to be very careful what he told -that man, meaning Plummer; Southmayde closed one eye as a private -signal of comprehension, and rejoined Plummer, who said, “I think I -can tell you who it was that robbed you.” Leroy asked, “Who?” Plummer -replied, “George Ives was one of them.” Southmayde said, “I know; and -the others were Whiskey Bill and Bob Zachary; and I’ll live to see them -hanged before three weeks.” Plummer at once walked off, and though -Leroy was in town for three days, he never saw him afterwards. The -object of Plummer’s accusation of Ives was to see whether Southmayde -really knew anything. Some time after, Judge Bissell--who had overheard -Southmayde telling Plummer who the thieves were--remarked to him, -“Leroy, your life is not worth a cent.” - -On the second day after, as Tom was returning, he saw Graves at the -Cold Spring Ranch, and took him on one side asking him if he had heard -of the “little robbery.” Graves replied that he had, and asked him -if he knew who were the perpetrators. Tom said, “No,” adding, “And I -wouldn’t for the world; for if I did, and told of them, I shouldn’t -live long.” “That’s a fact, Tom,” said Graves, “You wouldn’t live -fifteen minutes. I’ll tell you of a circumstance as happened to me -about bein’ robbed in Californy: - -“One night about ten o’clock, me and my partner was ridin’ along, and -two fellers rode up and told us to throw up our hands, and give up -our money. We did it pretty quick I guess. They got $2,000 in coined -gold from us. I told ’em, ‘Boys,’ sez I, ‘It’s pretty rough to take -all we’ve got.’ So the feller said it was rather rough, and he gave us -back $40. About a week after, I seen the two fellers dealin’ Faro. I -looked pretty hard at them, and went out. One of the chaps follered me, -and sez he, ‘Ain’t you the man that was robbed the other night?’ ‘No,’ -sez I, for I was afraid to tell him the truth. Sez he, ‘I want you to -own up; I know you’re the man. Now I’m agoing to give you $4,000 for -keeping your mouth shut,’ and he did, ----. Now you see, Tom, that’s -what I got for keepin’ my mouth shut. I saved my life, and got $4,000.” - -Ives made for Virginia City, and there told, in a house of ill-fame, -that he was the Bamboo chief that made Tom Caldwell throw up his hands, -and that, ----, he would do it again. He and a Colorado driver, who -was a friend of Caldwell’s went together to Nevada. Each of them had -a shot-gun. Ives was intoxicated. The driver asked Ives whom did he -suppose to be the robbers; to which he quickly replied, “I am the -Bamboo chief that robbed it,” etc., etc., as before mentioned. The -man then said, “Don’t you think Tom knows it?” “Of course I do,” said -George. As they came back to town, the driver saw Tom, and waved to him -to keep back, which he did, and sent a man to inquire the reason of the -signal. The messenger brought him back information of what had passed, -and told him to keep out of Ives’ way, for he was drunk and might kill -him. - -The same evening, Tom and his friend went to the Cold Spring Ranch -together, on the coach, and the entire particulars came out, in -conversation. The driver finished the story by stating that he sat on -his horse, ready to shoot Ives, if he should succeed in getting the -“drop” on Caldwell. - -Three days after, when Southmayde was about to return from Bannack, -Buck Stinson and Ned Ray came into the Express Office, and asked -who were for Virginia. On being told that there were none but -Southmayde, they said, “Well, then, we’ll go.” The Agent came over -and said to Leroy, “For God’s sake, don’t go; I believe you’ll be -killed.” Southmayde replied, “I have got to go; and if you’ll get me -a double-barrelled shot gun, I will take my chances.” Oliver’s Agent -accordingly provided Leroy Southmayde, Tom Caldwell, and a young -lad about sixteen years of age, who was also going by the coach to -Virginia, with a shot gun each. Leroy rode with Tom. They kept a keen -eye on a pair of Road Agents, one driving and the other watching. - -The journey was as monotonous as a night picket, until the coach -reached the crossing of the Stinkingwater, where two of the three men -that robbed it (Bob Zachary and Bill Graves) were together, in front -of the station, along with Aleck Carter. Buck Stinson saw them, and -shouted, “Ho! you ---- Road Agents.” Said Leroy to Tom Caldwell, “Tom, -we’re gone up.” Said Tom, “That’s so.” - -At the Cold Spring Station, where the coach stopped for supper, the -amiable trio came up. They were, of course fully armed with gun, -pistols and knife. Two of them set down their guns at the door, and -came in. Aleck Carter had his gun slung at his back. Bob Zachary -feigning to be drunk, called out, “I’d like to see the ---- man that -don’t like Stone.” Finding that, as far as could be ascertained, -everybody present, had a very high opinion of Stone, he called for a -treat to all hands, which having been disposed of, he bought a bottle -of whiskey and behaved “miscellaneously” till the coach started. - -After going about a quarter of a mile, they wheeled their horses and -called “Halt.” The instant the word left their lips, Leroy dropped his -gun on Aleck Carter; Tom Caldwell, and the other passenger each picked -his man, and drew a bead on him, at the same moment. Aleck Carter -called out, “We only want you to take a drink; but you can shoot and -be ----, if you want to.” Producing the bottle, it was handed round; -but Leroy and Tom only touched their lips to it. Tom believed it to be -poisoned. After politely inquiring if any of the ---- wanted any more, -they wheeled their horses, saying, “We’re off for Pete Daley’s,” and -clapped spurs to their horses, and headed for the Ranch, going on a -keen run. - -Before leaving Cold Spring Ranch, Leroy Southmayde told Tom that he saw -through it all, and would leave the coach; but Tom said he would take -Buck up beside him, and that surely the other fellow could watch Ray. -Buck did not like the arrangement; but Tom said, “You’re an old driver, -and I want you up with me, ----.” - -The two passengers sat with their shot guns across their knees, ready -for a move on the part of either of the robbers. - -At Lorraine’s Ranch, Leroy and Caldwell went out a little way from -the place, with the bridles in their hands, and talked about the -“situation.” They agreed that it was pretty rough, and were debating -the propriety of taking to the brush, and leaving the coach, when their -peace of mind was in no way assured by seeing that Buck Stinson was -close to them, and must have overheard every word they had uttered. -Buck endeavored to allay their fears by saying there was no danger. -They told him that they were armed, and that if they were attacked, -they would make it a warm time for some of them; at any rate, they -would “get” three or four of them. Buck replied, “Gentlemen, I pledge -you my word, my honor, and my life, that you will not be attacked -between this and Virginia.” - -The coach went on, directly the horses were hitched up, and Buck -commenced roaring out a song, without intermission, till at last he -became tired, and then, at his request, Ray took up the chorus. This -was the signal to the other three to keep off. Had the song ceased, an -attack would have been at once made, but, without going into Algebra, -they were able to ascertain that such a venture had more peril than -profit, and so they let it alone. The driver, Southmayde and the young -passenger were not sorry when they alighted safe in town. Ned Ray -called on Southmayde and told him that if he knew who committed the -robbery he should not tell; for that death would be his portion if he -did. - - - - -CHAPTER XIV. - -THE OPENING OF THE BALL--GEORGE IVES. - - They mustered in their simple dress, - For wrongs to seek a stern redress. - - -As a matter of course, after the failure of Justice in the case of the -murderers of Dillingham, the state of society, bad as it was rapidly -deteriorated, until a man could hardly venture to entertain a belief -that he was safe for a single day. We have been repeatedly shown -places where bullets used to come through the chinks between the logs -separating one of the stores in town from a saloon. Wounded men lay -almost unnoticed about the city, and a night or day without shooting, -knifing or fighting would have been recognized as a small and welcome -instalment of the millennium. Men dared not go from Virginia to Nevada -or Summit after dark. A few out of the hundreds of instances must -suffice. A Dutchman, known as Dutch Fred, was met by one of the band, -who ordered him to throw up his hands, as usual. Finding he had $5 in -Treasury Notes with him, the robber told him he would take them at -par, and added with a volley of curses, “If ever you come this way with -only $5, I’ll shoot you; ---- you, I’ll shoot you anyhow,” and raising -his pistol, he shot him in the arm. Another man was robbed of two or -three dollars, about two or three miles below Nevada, and was told that -if ever he came with as little money again they would kill him. - -George Ives was a young man of rather prepossessing appearance, -probably twenty-seven years old. His complexion and hair were light, -and his eyes blue. He wore no whiskers. His height was nearly six -feet, and he wore a soldier’s overcoat and a light felt hat. The -carriage of this renowned desperado was sprightly, and his coolness -was imperturbable. Long practice in confronting danger had made him -absolutely fearless. He would face death with an indifference that had -become constitutional, and the spirit of reckless bravado with which he -was animated made him the terror of the citizens. He would levy black -mail under the guise of a loan and as a matter of sport, and to show -the training of his horse, he would back the animal into the windows of -a store, and then ride off laughing. In looking at Ives a man would, at -first sight, be favorably impressed; but a closer examination by any -one skilled in physiognomy, would detect in the lines of the mouth and -in the strange, fierce and sinister gleam of the eye, the quick spirit -which made him not only the terror of the community, but the dread of -the band of ruffians with whom he was associated. - -As before mentioned, he was with Henry Plummer when he started to rob -Langford and Hauser; he assisted at the robbery of the coaches in -October and November, and, after that, he figured as a highwayman with -Aleck Carter, down on Snake River, under the alias of Lewis. - -In company with a friend, he visited his comrades, Hunter and Carter, -at Brown’s Gulch, and on their way back, among the hills which form, -as it were, the picket line of the Ramshorn Mountains, the two met -Anton M. Holter, now a citizen of Virginia. They politely invited him -to replenish their exchequers by a draft on his own, which, under the -circumstances, he instantly did; but he was able at the moment to honor -only a small check. They read him a lecture upon the impropriety of -travelling with so small a sum in his possession, and then, as an -emphatic confirmation of their expressed displeasure, George drew his -revolver, and, aiming at his head, sent a ball through his hat, grazing -his scalp. A second shot, with more deliberate aim, was only prevented -by the badness of the cap. After this failure, this “Perfect gentleman” -went his way, and so did Holter, doubtless blessing the cap maker. - -Tex was a frequent companion of Ives, who was also intimate with -Plummer, and George used frequently to show their letters, written in -cypher, to unskilled if not unsuspecting citizens. He spent a life of -ceaseless and active wickedness up to the very day of his capture. - -Perhaps the most daring and cold blooded of all his crimes was the -murder which he committed near the Cold Spring Ranch. A man had been -whipped for larceny near Nevada, and to escape the sting of the lash, -he offered to give information about the Road Agents. Ives heard of -it, and meeting him purposely between Virginia and Dempsey’s, he -deliberately fired at him with his double-barrelled gun. The gun was so -badly loaded, and the man’s coat so thickly padded that the buckshot -did not take effect, upon which he coolly drew his revolver and, -talking to him all the time, shot him dead. This deed was perpetrated -in broad daylight, on a highway--a very Bloomingdale Road of the -community--and yet, there, in plain view of Daley’s and the Cold Spring -Ranch, with two or three other teams in sight, he assassinated his -victim, in a cool and business like manner, and when the murdered man -had fallen from his horse, he took the animal by the bridle and led it -off among the hills. - -Ives then went to George Hilderman and told him that he should like to -stay at his wakiup for a few days, as he had killed a man near Cold -Spring Ranch, and there might be some stir and excitement about it. - -In about half an hour after, some travellers arrived at the scene -of murder. The body was still warm, but lifeless, and some of the -neighbors from the surrounding ranches dug a lonely grave in the -beautiful valley, and there, nameless, uncoffined and unwept, the poor -victim: - - “Life’s fitful fever over, - Sleeps well.” - -The passer-by may even now notice the solitary grave, where he lies, -marked as it still is by the upheaved earth, on the left side of the -road as he goes down the valley, about a mile on the Virginia side of -the Cold Spring Ranch. - -All along the route the ranchmen knew the Road Agents, but the -certainty of instant death in case they revealed what they knew -enforced their silence, even when they were really desirous of giving -information or warning. - -Nicholas Tbalt had sold a span of mules to his employers, Butschy & -Clark, who paid him the money. Taking the gold with him, he went to -Dempsey’s Ranch to bring up the animals. Not returning for some time, -they concluded that he had run away with the mules, and were greatly -grieved that a person they had trusted so implicitly should deceive -them. They were, however, mistaken. Faithful to his trust, he had gone -for the mules, and met his death from the hand of George Ives, who -shot him, robbed him of his money, and stole his mules. Ives first -accused Long John of the deed; but he was innocent of it, as was also -Hilderman, who was a petty thief and hider, but neither murderer nor -Road Agent. His gastronomic feats at Bannack had procured him the name, -the American Pie-Eater. Ives contradicted himself at his execution, -stating that Aleck Carter was the murderer; but in this he wronged his -own soul. His was the bloody hand that committed the crime. Long John -said, on his examination at the trial, that he did not see the shots -fired, but that he saw Nicholas coming with the mules, and George Ives -going to meet him; that Ives rode up shortly after with the mules, and -said that the Dutchman would never trouble anybody again. - -The body of the slaughtered young man lay frozen, stiff and stark, -among the sage brush, whither it had been dragged, unseen of man; but -the eye of Omniscience rested on the blood-stained corpse, and the -fiat of the Eternal Judge ordered the wild bird of the mountains to -point out the spot, and, by a miracle, to reveal the crime. It was the -finger of God that indicated the scene of the assassination, and it was -His will stirring in the hearts of the honest and indignant gazers on -the ghastly remains of Tbalt that organized the party which, though not -then formally enrolled as a Vigilance Committee, was the nucleus and -embryo of the order--the germ from which sprang that goodly tree, under -the shadow of whose wide-spreading branches the citizens of Montana can -lie down and sleep in peace. - -Nicholas Tbalt was brought into Nevada on a wagon, after being missing -for ten days. William Herren came to Virginia and informed Tom Baume, -who at once went down to where the body lay. The head had been pierced -by a ball, which had entered just over the left eye. On searching the -clothes of the victim, he found in his pocket a knife which he had lent -him in Washington Gulch, Colorado, two years before, in presence of J. -X. Beidler and William Clark. - -The marks of a small lariat were on the dead man’s wrists and neck. He -had been dragged through the brush, while living, after being shot, and -when found lay on his face, his right arm bent across his chest and his -left grasping the willows above him. - -William Palmer was coming across the Stinkingwater Valley, near the -scene of the murder, ahead of his wagon, with his shot-gun on his -shoulder. A grouse rose in front of him, and he fired. The bird dropped -dead on the body of Tbalt. On finding the grouse on the body, he went -down to the wakiup, about a quarter of a mile below the scene of the -murder, and seeing Long John and George Hilderman there, he told them -that there was the body of a dead man below, and asked them if they -would help him to put the corpse into his wagon, and that he would take -it to town, and see if it could be identified. They said “No; that is -nothing. They kill people in Virginia every day, and there’s nothing -said about it, and we want to have nothing to do with it.” - -The man lay for half a day exposed in the wagon, after being brought -up to Nevada. Elk Morse, William Clark and Tom Baume got a coffin made -for him; took him up to the burying ground above Nevada; interred him -decently, and, at the foot of the grave, a crotched stick was placed, -which is, we believe still standing. - -The indignation of the people was excited by the spectacle. The same -afternoon, three or four of the citizens raised twenty-five men, and -left Nevada at 10 P. M. The party subscribed an obligation before -starting, binding them to mutual support, etc., and then travelled -on, with silence and speed, towards the valley of the Stinkingwater. -Calling at a Ranch on their way, they obtained an accession to their -numbers, in the person of the man who eventually brought Ives to bay, -after he had escaped from the guard who had him in charge. Several men -were averse to taking him with them, not believing him to be a fit man -for such an errand; but they were greatly mistaken, for he was both -honest and reliable, as they afterwards found. - -Avoiding the travelled road, the troop rode round by the bluff, so as -to keep clear of Dempsey’s Ranch. About six miles further on, they -called at a cabin and got a guide, to pilot them to the rendezvous. - -At about half-past three in the morning, they crossed Wisconsin Creek, -at a point some seven miles below Dempsey’s, and found that it was -frozen, but that the ice was not strong enough to carry the weight of -man and horse, and they went through one after another, at different -points, some of the riders having to get down, in order to help their -horses, emerging half drowned on the other side, and continuing -their journey, cased in a suit of frozen clothes, which, as one of -them observed, “Stuck to them like death to a dead nigger.” Even the -irrepressible Tom Baume was obliged to take a sharp nip on his “quid,” -and to summon all his fortitude to his aid to face the cold of his -ice-bound “rig.” - -The leader called a halt about a mile further on, saying, “Every one -light from his horse, hold him by the bridle, and make no noise till -day break.” Thus they stood motionless for an hour and a half. At the -first peep of day the word was given, “Boys, mount your horses, and -not a word pass, until we are in sight of the wakiup.” They had not -travelled far when a dog barked. Instantly they put spurs to their -horses, and breaking to the right and left, formed the “surround,” -every man reining up with his shot-gun bearing on the wakiup. The -leader jumped from his horse, and seeing eight or ten men sleeping on -the ground in front of the structure, all wrapped up in blankets, sang -out, “The first man that raises will get a quart of buckshot in him, -before he can say Jack Robinson.” It was too dark to see who they were, -so he went on to the wakiup, leaving his horse in charge of one of the -party, half of whom had dismounted and the others held the horses. “Is -Long John here?” he asked. “Yes,” said that longitudinal individual. -“Come out here; I want you.” “Well,” said he, “I guess I know what -you want me for.” “Probably you do; but hurry up; we have got no time -to lose.” “Well,” said John, “Wait till I get my moccasins on, won’t -you?” “Be quick about it then,” observed his captor. Immediately after -he came out of the wakiup, and they waited about half an hour before -it was light enough to see distinctly. The captain took four of his -men and Long John, and walked to the place where the murder had been -committed, leaving the remainder of the troop in charge of the other -men. They went up to the spot, and there Long John was charged with -the murder. Palmer showed the position in which the body was found. -He said, “I did not do it, boys.” He was told that his blood would be -held answerable for that of Nicholas Tbalt; for that, if he had not -killed him, he knew well who had done it, and had refused to help to -put his body into a wagon. “Long John,” said one of the men, handling -his pistol as he spoke, “You had better prepare for another world.” -The leader stepped between and said, “This won’t do; if there is -anything to be done, let us all be together.” Long John was taken aside -by three of the men, and sat down. They looked up, and there, in the -faint light--about a quarter of a mile off--stood Black Bess, the mule -bought by X. Beidler in Washington Gulch. Pointing to the animal, they -said, “John, whose mule is that?” “That’s the mule that Nick rode down -here,” he answered. “You know whose mule that is, John. Things look -dark. You had better be thinking of something else now.” The mule was -sent for, and brought before him, and he was asked where the other two -mules were. He said he did not know. He was told that he had better -look out for another world, for that he was played out in this. He -said, “I did not commit that crime. If you give me a chance, I’ll clear -myself.” “John,” said the leader, “You never can do it; for you knew of -a man lying dead for nine days, close to your house, and never reported -his murder; and you deserve hanging for that. Why didn’t you come to -Virginia and tell the people?” He replied that he was afraid and dared -not do it. “Afraid of what?” asked the captain. “Afraid of the men -round here.” “Who are they?” “I dare not tell who they are. There’s one -of them round here.” “Where?” “There’s one of them here at the wakiup, -that killed Nick.” “Who is he?” “George Ives.” “Is he down at the -wakiup?” “Yes.” “You men stand here and keep watch over John, and I’ll -go down.” Saying this he walked to the camp. - -On arriving at the wakiup, he paused, and picking out the man answering -to the description of George Ives, he asked him, “Is your name George -Ives?” “Yes,” said that worthy. “I want you,” was the laconic reply. -“What do you want me for?” was the natural query. “To go to Virginia -City,” was the direct but unpleasing rejoinder. “All right,” said -George, “I expect I have to go.” He was at once given in charge of the -guard. - -So innocent were some of the troop, that they had adopted the “Perfect -gentleman” hypothesis, and laid down their arms in anger, at the arrest -of this murderous villain. A little experience prevented any similar -exhibition of such a weakness, in the future. - -Two of the party went over to Tex, who was engaged in the highly -necessary operation of changing his shirt. “I believe we shall want you -too,” said one of them; Tex denuded himself of his under garment, and -throwing it towards Tom Baume, exclaimed, “There’s my old shirt and -plenty of graybacks. You’d better arrest them too.” He was politely -informed that he himself, but neither the shirt nor its population, -was the object of this “unconstitutional restraint,” and was asked if -the pistols lying on the ground were his, which he admitted, and was -thereupon told that they were wanted, also, and that he must consider -himself “under arrest”--a technical, yet simple, formula adopted by -mountaineers, to assure the individual addressed that his brains will, -without further warning, be blown out, if he should attempt to make a -“break.” Tex dressed himself and awaited further developments. - -There appeared to be a belief on the part of both Tex and Ives that -they should get off; but when they saw the party with Long John, they -appeared cast down, and said no more. - -The other men who were lying round the wakiup, when the scouting -party rode up, were Aleck Carter, Bob Zachary, Whiskey Bill, Johnny -Cooper, and two innocent strangers, whose prolonged tenure of life -can only be accounted for by the knowledge of the circumstance that -they were without money at the time. Of the fact of the connection of -the others with the band, the boys were ignorant, and were drinking -coffee with them, laying down their guns within the reach of the -robbers, on their bed clothes. Had the Road Agents possessed the nerve -to make the experiment, they could have blown them to pieces. One of -the party, pointing to Aleck Carter, said to the leader, “There’s one -good man among them, any way. I knew him on the ‘other side,’” (west -of the Mountains.) The captain’s view of the state of things was not -altered by this flattering notice. He sang out, in a tone of voice -that signified “something’s up,” “Every man take his gun and keep it.” -In after expeditions, he had no need to repeat the command. Five men -were sent into the wakiup, and the rest stood round it. The result -of their search was the capture of seven dragoon and navy revolvers, -nine shot-guns and thirteen rifles. These were brought out, and in -laying them down, one of them went off close to Tom Baume’s head. Leroy -Southmayde’s pistol--taken from him at the time of the robbery of the -coach--was one of the weapons. It was recognized at the trial of Ives, -by the number upon it. About half an inch of the muzzle had been broken -off, and it had then been fixed up smoothly. - -All being now ready, the party started for Dempsey’s, and George, who -was mounted on his spotted bob-tailed pony, went along with them. He -had determined to escape and in order to carry out his design, he -expressed a wish to try the speed of his horse against the others, and -challenged several to race with him. This was foolishly permitted, and, -but for the accidental frustration of his design to procure a remount -of unsurpassed speed, a score of names might have been added to the -long list of his murdered victims. - -At Dempsey’s Ranch there was a bridge in course of construction, and -two of the men riding ahead, saw George Hilderman, standing on the -center, at work. He was asked if his name was George Hilderman, and -replied “Yes,” whereupon he was informed that he was wanted to go up -to Virginia City. He inquired whether they had any papers for him, -and being told that they had not any, he declared that he would not -leave the spot; but the leader coming up, told him to go “Without -any foolishness,” in a manner that satisfied him of the inutility of -resistence, and he prepared to accompany them; but not as a volunteer, -by any means. He said he had no horse. Tom Baume offered him a mule. -Then he had no saddle. The same kind friend found one, and he had -to ride with them. His final effort was couched in the form of a -declaration that the beast would not go. A stick was lying on the -ground, and he received an instruction, as the conventions word it, -either to “whip and ride,” or “walk and drive.” This practically -speaking, reconciled him to the breach of the provisions of Magna -Charta and the Bill of Rights involved in his arrest, and he jogged -along, if not comfortably, yet, at all events, in peace. - -In the meantime, the arch villain in custody of the main body was -playing his ROLE with much skill and with complete success. He declared -his entire innocence of the awful crime with which he was charged, and -rather insinuated than expressed his wish that he might be taken to -Virginia, where his friends were, and that he might be tried by civil -authorities, (Plummer to empannel the jury,) and incidentally remarked -that he should not like to be tried at Nevada, for that he once killed -a dog there, which had scared his horse, and for that reason, they had -prejudices against him, which might work him serious injury in the -event of his trial at that place. - -There is no doubt that the seeming alacrity with which he apparently -yielded to the persuasions of his captors, threw them off their guard, -and he was permitted to ride unarmed, but otherwise unrestrained, along -with the escort. - -So large a troop of horsemen never yet rode together, mounted on fleet -cayuses, on the magnificent natural roads of Montana, without yielding -to the temptation presented to try the comparative merits of their -horses, and our company of partizan police were no exception to this -rule. Scrub races were the order of the day, until, in one of them, -Geo. Ives, who was the winner, attracted the attention of the whole -party, by continuing his race at the top of his horse’s speed; but -not until he was at least ten rods ahead of the foremost rider, did -the guard (?) realize the fact that the bird had flown from the open -cage. Twenty-four pairs of spurs were driven home, into the flanks of -twenty-four horses, and with a clatter of hoofs never since equalled on -that road, except when the deluded cavalry of Virginia rode down the -valley: - - “To see the savage fray;” - -or at the reception given to the Hon. J. M. Ashley and party--they -swept on like a headlong rout. - -For awhile, the fugitive gained gradually, but surely, on his pursuers, -heading for Daley’s Ranch, where his own fleet and favorite mare was -standing bridled and saddled, ready for his use, (so quickly did -intelligence fly in those days.) Fortune, however, declared against -the robber. He was too hotly pursued to be able to avail himself of -the chance. His pursuers seeing a fresh horse from Virginia and a mule -standing there, leaped on their backs and continued the chase. Ives -turned his horses’ head towards the mountains round Bivens’ Gulch, and -across the plain, in that race for life, straining every nerve, flew -the representatives of crime and justice. Three miles more had been -passed, when the robber found that his horses’ strength was failing, -and every stride diminishing. The steeds of Wilson and Burtchey were in -no better condition; but the use of arms might now decide the race, and -springing from his horse, he dashed down a friendly ravine, whose rocky -and boulder strewn sides might offer some refuge from his relentless -foes. Quick as thought, the saddles of his pursuers were empty, and -the trial of speed was now to be continued on foot. On arriving at -the edge of the ravine, Ives was not visible; but it was evident -that he must be concealed within a short distance. Burtchey quickly -“surrounded” the spot, and sure enough, there was Ives crouching behind -a rock. Drawing a bead on him, Burtchey commanded him to come forth, -and with a light and careless laugh he obeyed. The wily Bohemian was -far too astute, however, to be thus overreached, and before Ives could -get near enough to master his gun, a stern order to “stand fast,” -destroyed his last hope, and he remained motionless until assistance -arrived, in the person of Wilson. - -Two hours had elapsed between the time of the escape and the recapture -and return of the prisoner. A proposition was made to the captain to -raise a pole and hang him there, but this was negatived. After gaily -chatting with the boys, and treating them, the word was given to -“Mount,” and in the centre of a hollow square, Ives began to realize -his desperate situation. - -Tidings of the capture flew fast and far. Through every nook and dell -of the inhabited parts of the Territory, wildly and widely spread the -news. Johnny Gibbons, who afterwards made such sly and rapid tracks for -Utah, haunted with visions of vigilance committees, joined the party -before they reached the canyon at Alder Creek, and accompanied them -to Nevada. At that time he was a part owner of the Cottonwood Ranch, -(Dempsey’s,) and kept the band well informed of all persons who passed -with large sums of money. - -The sun had sunk behind the hills when the detachment reached Nevada, -on the evening of the 18th of December, and a discussion arose upon -the question whether they should bring Ives to Virginia, or detain him -for the night at Nevada. The “conservatives” and “radicals” had a long -argument developing an “irrepressible conflict;” but the radicals, on -a vote, carried their point--rejecting Johnny Gibbon’s suffrage on the -ground of mixed blood. It was thereupon determined to keep Ives at -Nevada until morning, and then to determine the place of trial. - -The prisoners were separated and chained. A strong guard was posted -inside and outside of the house, and the night came and went without -developing anything remarkable. But all that weary night, a “solitary -horseman might have been seen” galloping along the road at topmost -speed, with frequent relays of horses, on his way to Bannack City. This -was Lieut. George Lane alias Club-Foot, who was sent with news of the -high-handed outrage that was being perpetrated in defiance of law, and -with no regard whatever to the constituted authorities. He was also -instructed to suggest that Plummer should come forthwith to Nevada; -demand the culprit for the civil authorities, enforce that demand by -what is as fitly called HOCUS POCUS as HABEAS CORPUS, and see that he -had a fair (?) trial. - -As soon as it was determined that Ives should remain at Nevada, Gibbons -dashed up the street to Virginia, meeting a lawyer or two on the way-- - - “Where the carrion is, there will the vultures,” etc. - -At the California Exchange, Gibbons found Messrs. Smith and Ritchie, -and a consultation between client, attorney and PROCH EIN AMI, resulted -in Lane’s mission to Bannack, as one piece of strategy that faintly -promised the hoped for rewards. All of Ives’ friends were notified to -be at Nevada early the next morning. - -The forenoon of the 19th saw the still swelling tide of miners, -merchants and artizans wending their way to Nevada, and all the morning -was spent in private examinations of the prisoners, and private -consultations as to the best method of trial. Friends of the accused -were found in all classes of society; many of them were assiduously at -work to create a sentiment in his favor, while a large multitude were -there, suspicious that the right man had been caught; and resolved, if -such should prove to be the case, that no loop-hole of escape should be -found for him, in any technical form of the law. - -Although on the eve of “Forefathers’ Day,” there was in the atmosphere -the mildness and the serenity of October. There was no snow, and but -little ice along the edges of sluggish streams; but the Sun, bright -and genial, warmed the clear air, and even thawed out the congealed -mud in the middle of the streets. Little boys were at play in the -streets, and fifteen hundred men stood in them, impatient for action, -but waiting without a murmur, in order that everything might be done -decently and in order. - -Messrs. Smith, Richie, Thurmond and Colonel Wood were Ives’ lawyers, -with whom was associated Mr. Alex. Davis, then a comparative stranger -in Montana. - -Col. W. F. Sanders, at that time residing at Bannack City, but -temporarily sojourning at Virginia, was sent for to conduct the -prosecution, and Hon. Charles S. Bagg was appointed his colleague, at -the request of Judge Wilson, Mr. Bagg being a miner, and, then, little -known. - -In settling upon the mode of trial, much difference of opinion was -developed; but the miners finally determined that it should be held in -presence of the whole body of citizens, and reserved to themselves the -ultimate decision of all questions; but lest something should escape -their attention, and injustice thereby be done to the public, or to -the prisoner, a delegation composed of twelve men from each district -(Nevada and Junction) was appointed to hear the proof, and to act as -an advisory jury. W. H. Patton, of Nevada, and W. Y. Pemberton, of -Virginia, were appointed amanuenses. An attempt to get on the jury -twelve men from Virginia was defeated, and late in the afternoon, the -trial began and continued till nightfall. The three prisoners, George -Ives, George Hilderman and Long John (John Franck) were chained with -the lightest logging chain that could be found--this was wound round -their legs, and the links were secured with padlocks. - -In introducing testimony for the people, on the morning of the 21st, -the miners informed all concerned that the trial must close at three -P. M. The announcement was received with great satisfaction. - -It is unnecessary to describe the trial, or to recapitulate the -evidence. Suffice it to say that two alibis, based on the testimony -of George Brown and honest Whiskey Joe, failed altogether. Among the -lawyers, there was, doubtless, the usual amount of brow-beating and -technical insolence, intermingled with displays of eloquence and -learning; but not the rhetoric of Blair, the learning of Coke, the -metaphysics of Alexander, the wit of Jerrold, or the odor of Oberlin, -could dull the perceptions of those hardy Mountaineers, or mislead -them from the stern and righteous purpose of all this labor, which was -to secure immunity to the persons and property of the community, and -to guarantee a like protection to those who should cast their lot in -Montana in time to come. - -The evidence was not confined to the charge of murder; but showed, -also, that Ives had been acting in the character of a robber, as well -as that of a murderer; and it may well be doubted whether he would have -been convicted at all, if developments damaging to the reputations -and dangerous to the existence of some of his friends had not been -made during the trial, on which they absented themselves mysteriously, -and have never been seen since. There was an instinctive and unerring -conviction that the worst man in the community was on trial; but it was -hard work, after all the proof and all this feeling, to convict him. - -Prepossessing in his appearance; brave, beyond a doubt; affable in -his manners; jolly and free among his comrades, and with thousands of -dollars at his command; bad and good men alike working upon the feeling -of the community, when they could not disturb its judgment--it seemed, -at times, that all the labor was to end in disastrous failure. - -The crowd which gathered around that fire in front of the Court, is -vividly before our eyes. We see the wagon containing the Judge, and -an advocate pleading with all his earnestness and eloquence for the -dauntless robber, on whose unmoved features no shade of despondency can -be traced by the fitful glare of the blazing wood, which lights up, -at the same time, the stern and impassive features of the guard, who, -in every kind of habiliments, stand in various attitudes, in a circle -surrounding the scene of Justice. The attentive faces and compressed -lips of the Jurors show their sense of the vast responsibility that -rests upon them, and of their firm resolve to do their duty. Ever and -anon a brighter flash than ordinary reveals the expectant crowd of -miners, thoughtfully and steadily gazing on the scene, and listening -intently to the trial. Beyond this close phalanx, fretting and shifting -around its outer edge, sways with quick and uncertain motion, the -wavering line of desperadoes and sympathizers with the criminal; their -haggard, wild and alarmed countenances showing too plainly that they -tremble at the issue which is, when decided to drive them in exile from -Montana, or to proclaim them as associate criminals, whose fate could -neither be delayed nor dubious. A sight like this will ne’er be seen -again in Montana. It was the crisis of the fate of the Territory. Nor -was the position of prosecutor, guard, juror, or Judge, one that any -but a brave and law-abiding citizen would chose, or even except. Marked -for slaughter by desperadoes, these men staked their lives for the -welfare of society. A mortal strife between Colonel Sanders and one of -the opposing lawyers was only prevented by the prompt action of wise -men, who corraled the combatants on their way to fight. The hero of -that hour of trial was avowedly W. F. Sanders. Not a desperado present -but would have felt honored by becoming his murderer, and yet, fearless -as a lion, he stood there confronting and defying the malice of his -armed adversaries. The citizens of Montana, many of them his bitter -political opponents, recollect his actions with gratitude and kindly -feeling. Charles S. Bagg is also remembered as having been at his post -when the storm blew loudest. - -The argument of the case having terminated, the issue was, in the first -place, left to the decision of the twenty-four who had been selected -for that purpose, and they thereupon retired to consult. - -Judge Byam, who shouldered the responsibility of the whole proceeding, -will never be forgotten by those in whose behalf he courted certain, -deadly peril, and probable death. - -The Jury were absent, deliberating on their verdict, but little less -than half an hour, and on their return, twenty-three made a report that -Ives was proven guilty; but one member--Henry Spivey--declined to give -in any finding, for unknown reasons. - -The crisis of the affair had now arrived. A motion was made, “That -the report of the committee be received, and it discharged from -further consideration of that case,” which Mr. Thurmond opposed; but -upon explanation, deferred pressing his objections until the motion -should be made to adopt the report, and to accept the verdict of the -Committee as the judgment of the people there assembled; and thus the -first formal motion passed without opposition. - -Before this, some of the crowd were clamorous for an adjournment, and -now Ives’ friends renewed the attempt; but it met with signal failure. - -Another motion, “That the assembly adopt as their verdict the report -of the Committee,” was made, and called forth the irrepressible and -indefatigable Thurmond and Col. J. M. Wood; but it carried, there being -probably not more than one hundred votes against it. - -Here it was supposed by many that the proceedings would end for the -present, and that the Court would adjourn until the morrow, as it was -already dark. Col. Sanders, however, mounted the wagon, and, having -recited that Ives had been declared a murderer and a robber by the -people there assembled, moved, “That George Ives be forthwith hung by -the neck until he is dead”--a bold and business-like movement which -excited feeble opposition, was carried before the defendant seemed to -realize the situation; but a friend or two and some old acquaintances -having gained admission to the circle within which Ives was guarded, to -bid him farewell, awakened him to a sense of the condition in which he -was placed, and culprit and counsel sought to defer the execution. Some -of his ardent counsel shed tears, of which lachrymose effusions it is -well to say no more than that they were copious. The vision of a long -and scaly creature, inhabiting the Nile, rises before us in connection -with this aqueous sympathy for an assassin. Quite a number of his old -chums were, as Petroleum V. Nasby says: “Weeping profoosly.” Then came -moving efforts to have the matter postponed until the coming morning, -Ives giving assurances, upon his honor, that no attempt at rescue or -escape would be made; but already, Davis and Hereford were seeking a -favorable spot for the execution. - -Our Legislative Assembly seem to have forgotten that Mr. A. B. Davis -had any of these arduous labors to perform but none who were present -will ever forget the fearless activity which he displayed all through -those trials. A differently constituted body may yet sit in Montana, -and vote him his five hundred dollars. - -The appeals made by Ives and Thurmond for a delay of the execution, -were such as human weakness cannot well resist. It is most painful -to be compelled to deny even a day’s brief space, during which the -criminal may write to mother and sister, and receive for himself -such religious consolation as the most hardened desire, under such -circumstances; but that body of men had come there deeply moved by -repeated murders and robberies, and meant “business.” The history of -former trials was there more freshly and more deeply impressed upon the -minds of men than it is now, and the result of indecision was before -their eyes. The most touching appeal from Ives, as he held the hand -of Col. Sanders, lost its force when met by the witheringly sarcastic -request of one of the crowd, “Ask him how long a time he gave the -Dutchman.” Letters were dictated by him and written by Thurmond. His -will was made, in which the lawyers and his chums in iniquity were -about equally remembered, to the entire exclusion of his mother and -sisters, in Wisconsin. Whether or not it was a time for tears, it was -assuredly a time of tears; but neither weakness nor remorse moistened -the eyes of Ives. He seemed neither haughty nor yet subdued; in fact, -he was exactly imperturbable. From a place not more than ten yards from -where he sat during the trial, he was led to execution. - -The prisoner had repeatedly declared that he would never “Die in his -boots,” and he asked the sergeant of the guard for a pair of moccasins, -which were given to him; but after a while, he seemed to be chilled, -and requested that his boots might again be put on. Thus, George Ives -“Died in his boots.” - -During the whole trial, the doubting, trembling, desperate friends of -Ives exhausted human ingenuity to devise methods for his escape, trying -intimidation, weak appeals to sympathy, and ever and anon exhibiting -their abiding faith in “Nice, sharp quillets of the law.” All the time, -the roughs awaited with a suspense of hourly increasing painfulness, -the arrival of their boasted chief, who had so long and so successfully -sustained the three inimical characters of friend of their clan, friend -of the people, and guardian of the laws. - -Not more anxiously did the Great Captain at Waterloo, sigh for “Night -or Blucher,” than did they for Plummer. But, relying upon him, they -deferred all other expedients; and when the dreaded end came, as come -it must, they felt that the tide in the affairs of villains had not -been taken at its flood, and, not without a struggle, they yielded to -the inevitable logic of events, and because they could not help it they -gave their loved companion to the gallows. - -Up to the very hour at which he was hanged, they were confident of -Plummer’s arrival in time to save him. But events were transpiring -throughout the Territory which produced intense excitement, and rumor -on her thousand wings was ubiquitous in her journeying on absurd -errands. - -Before Lane reached Bannack news of Ives’ arrest had reached there, -with the further story that the men of Alder Gulch were wild with -excitement, and ungovernable from passion; that a Vigilance Committee -had been formed; a number of the best citizens hanged, and that from -three hundred to five hundred men were on their way to Bannack City -to hang Plummer, Ray, Stinson, George Chrisman, A. J. McDonald and -others. This last “bulletin from the front” was probably the offspring -of Plummer’s brain. It is also likely that Lane and perhaps, Ray and -Stinson, helped in the hatching of the story. Suffice it to say that -Plummer told it often, shedding crocodile tears that such horrible -designs existed in the minds of any, as the death of his, as yet, -unrobbed friends, Chrisman, McDonald and Pitt. - -His was a most unctious sorrow, intended at that crisis, to be seen -of men in Bannack, and quite a number of the good citizens clubbed -together to defend each other from the contemplated assault, the -precise hour for which Plummers’ detectives had learned, and all night -long many kept watch and ward to give the attacking party a warm -reception. - -There is no doubt that Plummer believed that such a body of men were -on their way to Bannack City, after him, Ray, Stinson and company. The -coupling of the other names with theirs was his own work, and was an -excellent tribute paid in a backhanded way, to their integrity and high -standing in the community. - - “Conscience doth make cowards of us all.” - -and Lane found Plummer anxious to look after his own safety, rather -than that of George Ives. - -The rumors carried day by day from the trial, to the band in different -parts of the Territory, were surprising in their exactness, and in the -celerity with which they were carried; but they were changed in each -community, by those most interested; into forms best suited to subserve -the purposes of the robbers; and, in this way, did they beguile into -sympathy with them and their misfortunes, many fair, honest men. - -Ives’ trial for murder, though not the first in the Territory, differed -from any that had preceded it. - -Before this memorable day, citizens, in the presence of a well -disciplined and numerous band of desperadoes, had spoken of their -atrocities with bated breath; and witnesses upon their trial had -testified in whispering humbleness. Prosecuting lawyers, too, had, in -their arguments, often startled the public with such novel propositions -as, “Now, gentlemen, you have heard the witnesses, and it is for you -to say whether the defendant is or is not guilty; if he is guilty, you -should say so; but if not, you ought to acquit him. I leave this with -you, to whom it rightfully belongs.” But the counsel for the defense -were, at least, guiltless of uttering these last platitudes; for a -vigorous defense hurt no one and won hosts of friends--of a CERTAIN -KIND. But on Ives’ trial, there was given forth no uncertain sound. -Robbery and honesty locked horns for the mastery, each struggling for -empire; and each stood by his banner until the contest ended--fully -convinced of the importance of victory. Judge Byam remained by the -prisoner from the time judgment was given, and gave all the necessary -directions for carrying it into effect. Robert Hereford was the -executive officer. - -An unfinished house, having only the side-walls up, was chosen as -the best place, near at hand, for carrying into effect the sentence -of death. The preparations, though entirely sufficient, were both -simple and brief. The butt of a forty-foot pole was planted inside -the house, at the foot of one of the walls, and the stick leaned over -a cross beam. Near the point, was tied the fatal cord, with the open -noose dangling fearfully at its lower end. A large goods box was the -platform. The night had closed in, with a bright, full moon, and around -that altar of Vengeance, the stern and resolute faces of the guard -were visible, under all circumstances of light and shade conceivable. -Unmistakable determination was expressed in every line of their bronzed -and weather-beaten countenances. - -George Ives was led to the scaffold in fifty-eight minutes from the -time that his doom was fixed. A perfect Bable of voices saluted the -movement. Every roof was covered, and cries of “Hang him!” “Don’t -hang him!” “Banish him!” “I’ll shoot!” “----their murdering souls!” -“Let’s hang Long John!” were heard all around. The revolvers could -be seen flashing in the moonlight. The guard stood like a rock. -They had heard the muttered threats of a rescue from the crowd, and -with grim firmness--the characteristic of the miners when they mean -“business”--they stood ready to beat them back. Woe to the mob that -should surge against that living bulwark. They would have fallen as -grass before the scythe. - -As the prisoner stepped on to the fatal platform, the noise ceased, -and the stillness became painful. The rope was adjusted, and the usual -request was made as to whether he had anything to say. With a firm -voice he replied, “I am innocent of THIS crime; Aleck Carter killed the -Dutchman.” - -The strong emphasis on the word “this” convinced all around, that he -meant his words to convey the impression that he was guilty of other -crimes. Up to this moment he had always accused Long John of the murder. - -Ives expressed a wish to see Long John, and the crowd of sympathizers -yelled in approbation; but the request was denied, for an attempt at a -rescue was expected. - -All being ready, the word was given to the guard, “Men do your duty.” -The click of the locks rang sharply, and the pieces flashed in the -moonlight, as they came to the “Aim;” the box flew from under the -murderer’s feet, with a crash, and George Ives swung in the night -breeze, facing the pale moon that lighted up the scene of retributive -justice. - -As the vengeful click! click! of the locks sounded their note of -deadly warning to the intended rescuers, the crowd stampeded in wild -affright, rolling over one another in heaps, shrieking and howling with -terror. - -When the drop fell, the Judge, who was standing close beside Ives, -called out, “His neck is broken; he is dead.” This announcement, -and the certainty of its truth--for the prisoner never moved a -limb--convinced the few resolute desperadoes who knew not fear, that -the case was hopeless, and they retired with grinding teeth, and with -muttered curses issuing from their lips. - -It is astonishing what a wonderful effect is produced upon an angry mob -by the magic sound referred to. Hostile demonstrations are succeeded -by a mad panic; rescuers turn their undivided attention to their own -corporal salvation; eyes that gleamed with anger, roll wildly with -terror; the desire for slaughter gives way to the fear of death, -and courage hands the craven fear his scepter of command. When a -double-barrelled shot-gun is pointed at a traveller by a desperado, the -feeling is equally intense; but its development is different. The organ -of “acquisitiveness” is dormant; “combativeness” and “destructiveness” -are inert; “caution” calls “benevolence” to do its duty; a very large -lump rises into the way-farer’s throat; cold chills follow the downward -course of the spine, and the value of money, as compared with that of -bodily safety, instantly reaches the minimum point. Verily, “All that a -man hath will he give for his life.” We have often smiled at the fiery -indignation of the great untried, when listening to their account of -what they would have done, if a couple of Road Agents ordered them to -throw up their hands; but they failed to do anything towards convincing -us that they would not have sent valor to the rear at the first onset, -and appeared as the very living and breathing impersonations of -discretion. We felt certain that were they “loaded to the guards” with -the gold dust, they would come out of the scrape as poor as Lazarus, -and as mild and insinuating in demeanor as a Boston mamma with six -marriageable daughters. - -At last the deed was done. The law abiding among the citizens breathed -more freely and all felt that the worst man in the community was -dead--that the neck of crime was broken, and that the reign of terror -was ended. - -The body of Ives was left hanging for an hour. At the expiration of -this period of time, it was cut down, carried into a wheel-barrow shop, -and laid out on a work bench. A guard was then placed over it till -morning, when the friends of the murderer had him decently interred. -He lies in his narrow bed, near his victim--the murdered Tbalt--to -await his final doom, when they shall stand face to face at the grand -tribunal, where every man shall be rewarded according to his deeds. - -George Ives, though so renowned a desperado, was by no means an ancient -practitioner in his profession. In 1857-58, he worked as a miner, -honestly and hard, in California, and though wild and reckless, was not -accused of dishonesty. His first great venture in the line of robbery -was the stealing of Government mules, near Walla Walla. He was employed -as herder, and used to report that certain of his charge were dead, -every time that a storm occurred. The officer of the Post believed -the story, and inquired no further. In this way George ran off quite -a decent herd, with the aid of his friends. In Elk City, he startled -his old employer, in the mines of California by riding his horse into -his saloon, and when that gentlemen seized the bridle, he drew his -revolver, and would certainly have killed him, but fortunately he -caught sight of the face of his intended victim in time, and returning -his pistol he apologized for his conduct. When leaving the city, he -wished to present his splendid gray mare to his friend, who had for old -acquaintance sake supplied his wants; but the present, though often -pressed upon this gentleman, was as often refused; for no protestations -of Ives’ could convince him that the beautiful animal was fairly his -property. He said that he earned it honestly by mining. His own account -of the stealing of the Government mules, which we have given above, was -enough to settle that question definitively. It was from the “other -side” that Ives came over to Montana--then a part of Idaho--and entered -with full purpose upon the career which ended at Nevada, so fatally and -shamefully for himself, and so happily for the people of this Territory. - -A short biographical sketch of Ives and of the rest of the gang will -appear at the end of the present work. - -The trial of Hilderman was a short matter. He was defended by Judge -(?) H. P. A. Smith. He had not been known as a very bad man; but was a -weak and somewhat imbecile old fellow, reasonably honest in a strictly -honest community, but easily led to hide the small treasure, keep the -small secrets and do the dirty work of strong-minded, self-willed, -desperate men, whether willingly or through fear the trial did not -absolutely determine. The testimony of Dr. Glick, showed him to be -rather cowardly and a great eater. He had known of the murder of Tbalt -for some weeks, and had never divulged it. He was also cognizant of -the murder near Cold Spring Ranch, and was sheltering and hiding the -perpetrators. He had concealed the stolen mules too; but, in view of -the disclosures made by many, after Ives was hung, and the power of -the gang being broken, such disclosures did not so much damage men in -the estimation of the honest mountaineer. Medical men were taken to -wounded robbers to dress their wounds; they were told in what affray -they were received, and the penalty of repeating the story to outsiders -was sometimes told; but to others it was described by a silence more -expressive than words. Other parties, too, came into possession of -the knowledge of the tragedies enacted by them, from their own lips, -and under circumstances rendering silence a seeming necessity. To be -necessarily the repository of their dreadful secrets was no enviable -position. Their espionage upon every word uttered by the unfortunate -accessory was offensive, and it was not a consolatory thought that, at -any moment, his life might pay the penalty of any revelation he should -make; and a person placed in such a “fix” was to some extent a hostage -for the reticence of all who knew the same secret. - -If stronger minded men than Hilderman could pretend to be, had kept -secrets at the bidding of the Road Agents, and that too in the populous -places, where there were surely some to defend them--it was argued that -a weak minded man, away from all neighbors, where by day and by night -he could have been killed and hidden from all human eyes, with perfect -impunity--had some apology for obeying their behests. - -Mr. Smith’s defense of Hilderman was rather creditable to him. There -was none of the braggadocio common to such occasions, and the people -feeling that they had caught and executed a chief of the gang--felt -kindly disposed towards the old man. - -Hilderman was banished from Montana, and was allowed ten days time for -the purpose of settling his affairs and leaving. When he arrived at -Bannack City, Plummer told him not to go; but the old man took counsel -of his fears, and comparing the agile and effeminate form of Plummer -with those of the earnest mountaineers at Nevada, he concluded that he -would rather bet on them than on Plummer, and being furnished by the -latter with a poney and provisions, he left Montana forever. - -When found guilty and recommended to mercy, he dropped on his knees, -exclaiming, “My God, is it so?” - -At the close of his trial, he made a statement, wherein he confirmed -nearly all Long John had said of Ives. - -Thus passed one of the crises which have arisen in this new community. -The result demonstrated that when the good and law abiding were banded -together and all put forth their united strength, they were too strong -for the lawlessness which was manifested when Ives was hung. - -It has generally been supposed and believed, that Plummer was not -present at the trial of Ives, or at his execution. We are bound, -however, to state that Mr. Clinton, who kept a saloon in Nevada at the -time, positively asserts that he was in the room when Plummer took a -drink there, a few minutes before the roughs made their rush at the -fall of Ives, and that he went out and headed the mob in the effort -which the determination of the guard rendered unsuccessful. - -Long John having turned States’ evidence was set free, and we believe -that he still remains in the Territory. - -One thing was conclusively shown to all who witnessed the trial of -Ives. If every Road Agent cost as much labor, time and money for his -conviction, the efforts of the citizens would have, practically, failed -altogether. Some shorter, surer, and at least equally equitable method -of procedure was to be found. The necessity for this, and the trial -of its efficiency when it was adopted, form the ground-work of this -history. - - - - -CHAPTER XV. - -THE FORMATION OF THE VIGILANCE COMMITTEE. - - The land wants such - As dare with vigor execute the laws, - Her festered members must be lanced and tented; - He’s a bad surgeon that for pity spares - The part corrupted till the gangrene spread, - And all the body perish; he that is merciful - Unto the bad is cruel to the good. - - -Those who have merely read the account given in these pages of the -execution of Ives, can never fully appreciate the intense popular -excitement that prevailed throughout the Territory during the stormy -and critical period, or the imminent peril to which the principal -actors in the drama were exposed. As an instance of the desire for -murder and revenge that animated the roughs, it may be stated that -Col. Sanders was quietly reading in John Creighton’s store, on -the night of the execution of Ives, when a desperado named Harvey -Meade--the individual who planned the seizure of a Federal vessel at -San Francisco--walked into the room, with his revolver stuck into the -band of his pants, in front, and walking up to the Colonel, commenced -abusing him and called him a ----, etc. Col. Sanders not having -been constituted with a view to the exhibition of fear, continued -his reading, quietly slipping his hand out of his pocket in which -lay a Derringer, and dropping it into his coat pocket, cocked his -revolver as a preparative for a little shooting. Raising his eyes to -the intruder, he observed, “Harvey, I should feel hurt if some men -said this; but from such a dog as you, it is not worth noticing.” A -Doctor who was present laid his hand on a pick handle, and an “affair” -seemed imminent; but John Creighton quietly walked up to the man and -said, “You have to get out of here--quick!” All men fond of shooting, -otherwise than in self-defense, unless they take their victim at an -advantage, never care to push matters to extremities, and Meade quietly -walked off--foiled. He admitted, afterwards, to Sanders, that he had -intended to kill him; but he professed a recent and not unaccountable -change of sentiment. - -All the prominent friends of justice were dogged, threatened and -watched by the roughs; but their day was passing away, and the dawn -of a better state of things was even then enlivening the gloom which -overspread society like a funeral pall. - -Two sister towns--Virginia and Nevada--claim the honor of taking -the first steps towards the formation of a Vigilance Committee. The -truth is, that five men in Virginia and one in Nevada commenced -simultaneously to take the initiative in the matter. Two days had not -elapsed before their efforts were united, and when once a beginning -had been made, the ramifications of the league of safety and order -extended, in a week or two, all over the Territory, and, on the 14th -day of January, 1864, the COUP DE GRACE was given to the power of the -band by the execution of five of the chief villains, in Virginia City. -The details of the rapid and masterly operations which occupied the few -weeks immediately succeeding the execution of Ives, will appear in the -following chapters. - -The reasons why the organizations was so generally approved and so -numerously and powerfully supported, were such as appealed to the -sympathies of all men, who had anything to lose, or who thought their -lives safer under the dominion of a body which, upon the whole, it must -be admitted, has from the first acted with a wisdom, a justice and a -vigor never surpassed on this continent, and rarely, if ever, equalled. -Merchants, miners, mechanics and professional men, alike, joined in -the movement, until, within an incredibly short space of time, the -Road Agents and their friends were in a state of constant and well -grounded fear, lest any remarks they might make confidentially to an -acquaintance might be addressed to one who was a member of the much -dreaded Committee. - -The inhabitants of Virginia had especial cause to seek for vengeance -upon the head of the blood-thirsty marauders who had, in addition to -the atrocities previously recounted, planned and arranged the murder -and robbery of as popular a man as ever struck the Territory--one whose -praise was in all men’s mouths, and who had left them, in the previous -Fall, with the intention of returning to solicit their suffrages, as -well as those of the people of Lewiston and Western Idaho, as their -Delegate to Congress. His address, in the form of a circular, is still -to be seen in the possession of a citizen of Nevada. - -Lloyd Magruder, to whom the above remarks have special reference, was -a merchant of Lewiston, Idaho. He combined in his character so many -good and even noble qualities, that he was one of the most generally -esteemed and beloved men in the Territory, and no single act of -villainy ever committed in the far West was more deeply felt, or -provoked a stronger desire for retaliation upon the heads of the guilty -perpetrators, than the murder and robbery of himself and party, on -their journey homeward. - -In the summer of 1863, this unfortunate gentleman came to Virginia, -with a large pack-train, laden with merchandise, selected with great -judgment for the use of miners, and on his arrival, he opened a store -on Wallace street, still pointed out as his place of business by “old -inhabitants.” - -Having disposed of his goods, from the sale of which he had realized -about $14,000, he made arrangements for his return to Lewiston, by way -of Elk City. This becoming known, Plummer and his band held a council -in Alder Gulch, and determined on the robbery and murder of Magruder, -C. Allen, Horace and Robert Chalmers, and a Mr. Phillips, from the -neighborhood of Marysville. During the debate, it was proposed that -Steve Marshland should go on the expedition, along with Jem Romaine, -Doc Howard, Billy Page and a man called indifferently Bob or Bill -Lowry. The programme included the murder of the five victims, and -Marshland said he did not wish to go, as he could make money without -murder. He was, he said, “On the rob, but not on the kill.” Cyrus -Skinner, laughed at his notion, and observed that “Dead men tell no -tales.” It was accordingly decided that the four miscreants above named -should join the party and kill them all at some convenient place on -the road. Accordingly they offered their services to Magruder, who -gave them a free passage and a fat mule each to ride, telling them that -they could turn their lean horses along with the band. - -Charley Allen, it seems had strong misgivings about the character -of the ruffians, and told Magruder that the men would not harm him, -(Allen,) as they were under obligations to him; but they would, likely -enough try to rob Magruder. His caution was ineffectual, and Mr. -McK Dennee, we believe, fixed up for the trip the gold belonging to -Magruder. - -It is a melancholy fact that information of the intention of the -murderers had reached the ears of more than one citizen; but such was -the terror of the Road Agents that they dared not tell any of the party. - -Having reached the mountain beyond Clearwater River, on their homeward -journey, the stock was let out to graze on the slope, and Magruder, in -company with Bill Lowry, went up to watch it. Seizing his opportunity, -the ruffian murdered Magruder, and his confederates assassinated the -four remaining in camp, while asleep. Romaine said to Phillips, when -shooting him down, “You ----, I told you not to come.” The villains -having possessed themselves of the treasure, rolled up the bodies, -baggage and arms, and threw them over a precipice. They then went on to -Lewiston, avoiding Elk City on their route, where the first intimation -of foul play was given by the sight of Magruder’s mule, saddle, -leggings, etc., in the possession of the robbers. Hill Beechey, the -Deputy Marshal at Lewiston, and owner of the Luna House, noticed the -cantinas filled with gold, and suspected something wrong, when they -left by the coach for San Francisco. A man named Goodrich recognized -Page, when he came to ranch the animals with him. - -The murderers were closely muffled and tried to avoid notice. Beechey -followed them right through to California, and there arrested them on -the charge of murdering and robbing Magruder and his party. He found -that they had changed their names at many places. Every possible -obstacle was interposed that the forms of law allowed; but the gallant -man fought through it all, and brought them back, on requisition of -the Governor of Idaho, to Lewiston. Page turned State’s evidence, and -the men, who were closely guarded by Beechy all the time, in his own -house, were convicted after a fair trial, and hanged. Romaine, who had -been a barber, and afterwards a bar-keeper, was a desperate villain. -At the gallows, he said that there was a note in his pocket, which he -did not wish to be read until he was dead. On opening it, it was found -to contain a most beastly and insolent defiance of the citizens of -Lewiston. Before he was swung off, he bade them “Launch their ---- old -boat,” for it was “only a mud-scow, any way.” - -A reconnoisance of the ground, in Spring, discovered a few bones, some -buttons from Magruder’s coat, some fire-arms, etc. The coyotes had been -too busy to leave much. - -Page, at the last advices, was still living at the Luna House. Even -a short walk from home produces, it is said, a feeling of tightness -about the throat, only to be relieved by going back in a hurry. He was -not one of the original plotters, but not being troubled with too much -sense, he was frightened into being a tool. - -The perpetration of this horrible outrage excited immense indignation, -and helped effectually to pave the way for the advent of the -Vigilantes. Reviewing the long and bloody lists of crimes against -person and property, which last included several wholesale attempts at -plunder of the stores in Virginia and Bannack, it was felt that the -question was narrowed down to “Kill or be killed.” “Self preservation -is the first law of nature,” and the mountaineers took the right side. -We have to thank them for the peace and order which exist to-day in -what are, by the concurrent testimony of all travellers, the best -regulated new mining camps in the West. - -The record of every villain who comes to Montana arrives with him, -or before him; but no notice is taken of his previous conduct. If, -however, he tries his hand at his trade in this region, he is sure of -the reward of his crimes, and that on short notice; at least such is -the popular belief. - - - - -CHAPTER XVI. - -THE DEER LODGE SCOUT. - - The sleuth hound is upon the trail. - Nor speed nor force shall aught avail. - - -Almost instantly after the commencement of the organization of the -Vigilance Committee, it was determined that the pursuit of the -miscreants--the comrades of Ives--should be commenced and maintained -with a relentless earnestness, which should know no abatement until the -last blood-stained marauder had paid the penalty of his crimes by death -on the gallows; or had escaped the retribution in store for him by -successful flight to other countries. Foremost on the list stood Aleck -Carter, the accomplice, at any rate, in the murder of Tbalt. - -Twenty-four men were mustered, whose equipments consisted of arms, -ammunition, and the most modest provision for the wants of the inner -man that could possibly be conceived sufficient. The volunteers formed -a motley group; but there were men enough among them of unquestioned -courage, whom no difficulty could deter and no danger affright. They -carried, generally, a pair of revolvers, a rifle or shot-gun, blankets -and some ROPE. Spirits were forbidden to be used. - -The leader of the party was one of those cool, undaunted and hardy men, -whose career has been marked by honesty of purpose and fearlessness -concerning the consequences of any just or lawful action, and to -whom society owes a large debt for perils and hardships voluntarily -undergone for the salvation of the lives and property of the people of -this Territory, and for the punishment of wrong doers. - -On the 23d of December, 1863, the party, on horse and mule-back, went -by way of the Stinkingwater, on to the Big Hole, and over the Divide -in the main range. The weather was very cold, and there was a large -quantity of snow upon the ground. Fires could not be lighted when -wanted at night, for fear of attracting attention. The men leaving -their horses under a guard, lay down in their blankets on the snow--the -wisest of them IN it. As the riders had been taken up from work, -without time for the needful preparation in the clothing department, -they were but ill prepared to face the stormy and chilling blast, -which swept over the hills and valleys crossed by them on this arduous -journey. Few know the hardships they encountered. The smiles of an -approving conscience are about all, in the shape of a reward, that is -likely to be received by any of them for their brilliant services. - -On Deer Lodge Creek, the foremost horsemen met Red, (Erastus Yager;) -but, being unacquainted with him, all the troop allowed him to pass the -different sections of the command as they successively encountered him -on the road. Red, who was now acting as letter carrier of the band, -was a light and wiry built man, about five feet five inches high, with -red hair and red whiskers. On inquiry, he told the officers that he -had ascertained that Aleck Carter, Whiskey Bill (Graves,) Bill Bunton, -and others of the gang were lying at Cottonwood, drunk; that they had -attended a ball given there, and that they had been kicked out of it. A -defiance accompanied this account, couched in the following euphonious -and elegant strain: “The Stinkingwater ---- may come; we’re good for -thirty of them.” This most ingenious fable was concocted to put the -scouts off their guard and to gain time for the fugitives. The same -night the last of the party had crossed the Divide, and camped on Deer -Lodge Creek--seventeen miles above Cottonwood, at John Smith’s Ranch. - -At this place the men lay over till three o’clock in the afternoon, -and then saddling up, rode into Cottonwood to take their prey by -surprise. Arriving there, they put up their horses, took their supper, -and discovered, both by actual search and the information of chosen -parties, that the birds had flown, no one knew whither; though a camp -fire far away among the hills was distinctly visible, and evoked -from some of the old mountaineers a hearty malediction, for their -experienced eyes had quickly marked the blaze, and they knew that it -meant--escape. - -On inquiry, it was found that a message had arrived from Virginia, -warning the robbers to “Get up and dust, and lie low for black ducks.” -A letter was found afterwards delivered to Tom Reilly and he showed it -to the Vigilantes. It was written by Brown, and Red carried it over, -travelling with such rapidity as to kill two horses. - -Vexed and dispirited, the men started on their return by way of -Beaverhead Rock. Here they camped in the willows, without shelter or -fire, except such as could be made with the green twigs. On Saturday, -it turned cold and snowed heavily, getting worse and worse, until on -Sunday the cold became fearful, and the sufferings of the party were -intense. Some of the stock stampeded to the canyon, out of the way of -the storm. The rest were tied fast in the willows. It was no small job -to hunt up the runaways. - -At the Station near the camp, the party met two friends, who told them -that Red was at Rattlesnake, and volunteers were called for to go in -pursuit of him. A small party of picked men started, and followed up -this rapid horseman, enduring on their march great hardships from the -inclemency of the weather. The open air restaurant of the main body -was not furnished with any great variety in the line of provisions. -Sometimes the meal was bread and bacon--minus the bacon; and sometimes -bacon and bread--minus the bread. Some choice spirits did venture, -occasionally, on a song or a jest; but these jocular demonstrations -were soon checked by the freezing of the beard and moustaches. The -disconsolate troopers slapped their arms to keep themselves warm; but -it was a melancholy and empty embrace, giving about as much warmth and -comfort as the dream begotten memory of one loved and lost. - -In the meantime the little party of volunteers wended their toilsome -way through the deep snow, and riding till midnight, journeyed as far -as Stone’s Ranch. Here they obtained remounts from the stock of Oliver -& Co., and then resumed their cheerless progress towards Rattlesnake, -at which place they arrived, after a ride of twenty miles. One of the -party afterwards confidentially observed that “It was cold enough to -freeze the tail of a brass monkey,” which observation had at least the -merit of being highly metaphorical and forcibly descriptive. - -The ranch was surrounded and one of the party entering, discovered -Buck Stinson, Ned Ray, and a prisoner, whom, as Deputy Sheriffs (?), -they had arrested. Stinson, who had a strong antipathy towards the -gentleman who entered first, appeared, revolver in hand; but finding -that the “drop” was falling the wrong way, restrained his bellicose -propensities, and, eventually, not being able to fathom the whole -purpose of his unwelcome visitor, who amused him with a fictitious -charge of horse stealing against Red, set free his prisoner, on his -promise to go and surrender himself up, and, much moved in spirit, made -his horse do all he knew about galloping, on his road to Bannack City. - -The party, who knew where to look for their man, rode straight for a -wakiup a few hundred yards up the creek, and surrounded it instantly, -their guns bearing on it. One of them dismounted, and throwing open -the flap, entered with the amicable remark, “It’s a mighty cold night; -won’t you let a fellow warm himself?” Seeing Red, he further remarked, -“You’re the man I’m seeking; come along with me.” - -The captive seemed perfectly unconcerned; he was as iron-nerved a man -as ever leveled a shot-gun at a coach. He was told that he was wanted -to go to Virginia; but he asked no questions. From his arrest till the -moment of his execution, he seemed possessed with the idea that it was -his fate to be taken then and there, and that his doom was irrevocably -sealed. They stayed all night at the ranch, Red going to bed with his -boots on, “all standing,” as the sailors say. - -The next morning they got up their horses, Red--unarmed, of -course--riding his own. One trooper rode beside him all the time; the -remainder were strung out on the road, like beads. While loping along, -the mule of the leader stumbled and rolled over, making two or three -complete somersaults before he fetched up; but the snow was so deep -that no great harm was done, and a merry laugh enlivened the spirits of -the party. The escort safely brought their prisoner to Dempsey’s Ranch, -where they overtook and rejoined the main body that had camped there -for two days, awaiting their coming. The demeanor of the captive was -cheerful, and he was quite a pleasant companion. He asked no questions -relative to his arrest, and rode from Rattlesnake to Dempsey’s as if -on a pleasure excursion, behaving in a most courteous and gentlemanly -manner all the time, and this, be it remembered, with the conviction -that his hours were numbered, and that the blood of his victims was -about to be avenged. After reporting the capture of Yager, the party -took supper and went to bed. - -There was in the house, at this time, the secretary--Brown--who had -written the letter warning his comrades to fly from Cottonwood, and -which missive Red had carried only too speedily. He acted as bar-keeper -and man of all work at the ranch. This individual was the very opposite -of Yager, in all respects. He was cowardly and had never worked on the -road, but had always done his best to assist the gang, as an outsider, -with information calculated to ensure the stoppage of treasure laden -victims. He was in the habit of committing minor felonies and of -appearing as a straw witness, when needed. - -After breakfast, the two men were confronted. Brown--who had evidently -suspected danger, ever since the arrival of the Vigilantes--was greatly -terrified. Red was as cool and collected as a veteran on parade. -Previously to the two robbers being confronted, the captain took Red -into a private room, and told him that he was suspected of being in -league with a band of Road Agents and murderers. He denied the charge -altogether. The captain then asked him why--if he was innocent--should -he take such pains to inform the gang that the Vigilantes were after -them? He said that he came along to Bob’s, on his way to Deer Lodge, -and that Brown asked him to carry a letter along to Aleck Carter and -some friends, and that having said he would do so, he did it. The -two men were called up to the bar, and there Red again admitted the -carrying of the letter which Brown had written. Brown having told his -examiners that he had seen one of their number before, and knew him, -was asked what sort of a man was the one he referred to. He replied -that he took him to be a half-breed. The Vigilanter, who had come -in, heard the description, and ejaculating, “You ----, you call de -Dutchmans half-breeds, you do, do you?” made at him with his fists; but -his comrades almost choking with laughter, held him off the horrified -Brown, whose fear of instantaneous immolation at the hands of the fiery -Dutchlander had blanched his cheek to a turnip color. - -The captain then told Brown that he must consider himself under arrest, -and remain there. He was taken out to Dempsey’s house and kept there -till the examination and trial of Red was concluded. Being then brought -in and questioned, he testified that Red came to Dempsey’s and said -that he was going to see the boys, and asked if Brown had anything to -tell them, offering to carry the letter. He said that Red was Ives’ -cousin, (this was untrue;) that he wrote the letter advising them to -leave, for that the Vigilantes were after them. - -At Smith’s Ranch it had been found, on comparing notes, that the -statements of Red to the successive portions of the command that he had -met while crossing the Divide, were not consistent, and, as frequently -happens, the attempt at deception had served only to bring out the -truth. Red was incontrovertibly proven to be one of the gang. The -confession of each man conclusively established the guilt of the other. - -A guard was placed over the two men and the remainder of the Vigilantes -went out on the bridge and took a vote upon the question as to whether -the men should be executed or liberated. The captain said, “All -those in favor of hanging those two men step to the right side of -the road, and those who are for letting them go, stand on the left.” -Before taking the vote he had observed to them, “Now, boys, you have -heard all about this matter, and I want you to vote according to your -consciences. If you think they ought to suffer punishment, say so. If -you think they ought to go free vote for it.” The question having been -put, the entire command stepped over to the right side, and the doom of -the robbers was sealed. - -One of the party, who had been particularly lip-courageous now began -to weaken, and discovered that he should lose $2,000 if he did not go -home at once. Persuasion only paled his lips, and he started off. The -click! click! click! of four guns, however, so far directed his fears -into an even more personal channel, that he concluded to stay. - -The culprits were informed that they should be taken to Virginia, -and were given in charge to a trustworthy and gallant man, with a -detachment of seven, selected from the whole troop. This escort reached -Lorraine’s in two hours. The rest of the men arrived at sun down. The -prisoners were given up, and the leader of the little party, who had -not slept for four or five nights, lay down to snatch a brief, but -welcome repose. About 10 P. M., he was awakened, and the significant, -“We want you,” announced “business.” - -The tone and manner of the summons at once dispelled even his profound -and sorely needed slumber. He rose without further parley and went from -the parlor to the bar-room where Red and Brown were lying in a corner, -asleep. Red got up at the sound of his footsteps, and said, “You have -treated me like a gentleman, and I know I am going to die--I am going -to be hanged.” “Indeed,” said his quondam custodian, “that’s pretty -rough.” In spite of a sense of duty, he felt what he said deeply. “It -is pretty rough,” continued Yager, “but I merited this, years ago. What -I want to say is that I know all about the gang, and there are men in -it that deserve this more than I do; but I should die happy if I could -see them hanged, or know that it would be done. I don’t say this to get -off. I don’t want to get off.” He was told that it would be better if -he should give all the information in his possession, if only for the -sake of his kind. Times had been very hard, and “you know, Red,” said -the Vigilanter, “that men have been shot down in broad day light--not -for money, or even for hatred, but for LUCK, and it must be put a stop -to.” - -To this he assented, and the captain being called, all that had passed -was stated to him. He said that the prisoner had better begin at -once, and his words should be taken down. Red began by informing them -that Plummer was chief of the band; Bill Bunton second in command and -stool pigeon; Sam Bunton, roadster, (sent away for being a drunkard;) -Cyrus Skinner, roadster, fence and spy. At Virginia City, George Ives, -Steven Marshland, Dutch John (Wagner,) Aleck Carter, Whiskey Bill, -(Graves,) were roadsters; Geo. Shears was a roadster and horse-thief; -Johnny Cooper and Buck Stinson were also roadsters; Ned Bay was -council-room keeper at Bannack City; Mexican Frank and Bob Zachary were -also roadsters; Frank Parish was roadster and horse-thief; Boon Helm -and Club-Foot George were roadsters; Haze Lyons and Bill Hunter were -roadsters and telegraph men; George Lowry, Billy Page, Doc Howard, Jem -Romaine, Billy Terwilliger and Gad Moore were roadsters. The pass-word -was “Innocent.” They wore a neck-tie fastened with a “sailor’s knot,” -and shaved down to moustache and chin whiskers. He admitted that he -was one of the gang; but denied--as they invariably did--that he was a -murderer. He also stated that Brown--his fellow captive--acted in the -capacity before mentioned. - -He spoke of Bill Bunton with a fierce animosity quite unlike his usual -suave and courteous manner. To him, he said, he owed his present -miserable position. He it was that first seduced him to commit crime, -at Lewiston. He gave the particulars of the robberies of the coaches -and of many other crimes, naming the perpetrators. As these details -have been already supplied or will appear in the course of the -narrative, they are omitted, in order to avoid a useless repetition. - -After serious reflection, it had been decided that the two culprits -should be executed forthwith, and the dread preparations were -immediately made for carrying out the resolution. - -The trial of George Ives had demonstrated most unquestionably that no -amount of certified guilt was sufficient to enlist popular sympathy -exclusively on the side of justice, or to render the just man other -than a mark for vengeance. The majority of men sympathize, in spite -of the voice of reason, with the murderers instead of the victims; a -course of conduct which appears to us inexplicable, though we know -it to be common. Every fibre of our frame vibrates with anger and -disgust when we meet a ruffian, a murderer or a marauder. Mawkish -sentimentalism we abhor. The thought of murdered victims, dishonored -females, plundered wayfarers, burning houses, and the rest of the sad -evidences of villainy, completely excludes mercy from our view. Honor, -truth and the sacrifice of self to considerations of justice and the -good of mankind--these claim, we had almost said our adoration; but -for the low, brutal, cruel, lazy, ignorant, insolent, sensual and -blasphemous miscreants that infest the frontiers, we entertain but one -sentiment--aversion--deep, strong, and unchangeable. For such cases, -the rope is the only prescription that avails as a remedy. But, though -such feelings must be excited in the minds of good citizens, when -brought face to face with such monsters as Stinson, Helm, Gallagher, -Ives, Skinner, or Graves, the calm courage and penitent conduct of -Erastus Yager have the opposite effect, and the loss of the goodly -vessel thus wrecked forever, must inspire sorrow, though it may not and -ought not to disarm justice. - -Brief were the preparations needed. A lantern and some stools were -brought from the house, and the party, crossing the creek behind -Lorraine’s Ranch, made for the trees that still bear the marks of the -axe which trimmed off the superfluous branches. On the road to the -gallows, Red was cool, calm and collected. Brown sobbed and cried for -mercy, and prayed God to take care of his wife and family in Minnesota. -He was married to a squaw. Red, overhearing him, said, sadly but -firmly, “Brown, if you had thought of this three years ago, you would -not be here now, or give these boys this trouble.” - -After arriving at the fatal trees, they were pinioned and stepped on -to the stools, which had been placed one on the other to form a drop. -Brown and the man who was adjusting the rope, tottered and fell into -the snow; but recovering himself quickly, the Vigilanter said quietly, -“Brown we must do better than that.” - -Brown’s last words were, “God Almighty save my soul.” - -The frail platform flew from under him, and his life passed away almost -with the twang of the rope. - -Red saw his comrade drop; but no sign of trepidation was visible. His -voice was as calm and quiet as if he had been conversing with old -friends. He said he knew that he should be followed and hanged when -he met the party on the Divide. He wished that they would chain him -and carry him along to where the rest were, that he might see them -punished. Just before he was launched into eternity, he asked to shake -hands with them all, which having done, he begged of the man who had -escorted him to Lorraine’s, that he would follow and punish the rest. -The answer was given in these words, “Red we will do it, if there’s any -such thing in the book.” The pledge was kept. - -His last words were, “Good bye, boys; God bless you. You are on a good -undertaking.” The frail footing on which he stood gave way, and this -dauntless and yet guilty criminal died without a struggle. It was -pitiful to see one whom nature intended for a hero, dying--and that -justly--like a dog. - -A label was pinioned to his back bearing the legend: - -“RED! ROAD AGENT AND MESSENGER.” - -The inscription on the paper fastened on to Brown’s clothes was: - -“BROWN! CORRESPONDING SECRETARY.” - -The fatal trees still smile as they don the green livery of Spring, or -wave joyfully in the Summer breeze; but when the chill blast of winter -moans over the snow-clad prairie, the wind sighing and creaking through -the swaying boughs seems, to the excited listener, to be still laden -with the sighs and sounds of that fatal night. FIAT JUSTITIA RUAT CÆLUM. - -The bodies were left suspended, and remained so for some days before -they were buried. The ministers of justice expected a battle on their -arrival at Nevada; but they found the Vigilantes organized in full -force, and each man, as he uncocked his gun and dismounted, heaved a -deep sigh of relief. THE CRISIS WAS PAST. - - - - -CHAPTER XVII. - -DUTCH JOHN (WAGNER.) - - “Give me a horse! Bind up my wounds!”--RICHARD III. - - -The tidings of Ives’ execution and the deep and awe-striking news of -the organization of the Vigilantes in the camps on Alder Gulch, flew -like wildfire, exciting wherever they were received, the most dread -apprehension in the minds of those whose consciences told them that -their capture and their doom were convertible terms. - -Among these men was Dutch John (Wagner.) His share in the robbery of -the train, and his wound from the pistol of Lank Forbes, pressed upon -his memory. By a physical reminder, he was prevented from forgetting, -even in his sleep, that danger lurked in every valley, and waited his -coming on every path and track by which he now trusted to escape from -the scene of his crimes. Plummer advised him to leave the Territory -at once, but he offered him no means of locomotion. This, however, -was of small consequence to Wagner. He knew how to obtain a remount. -Taking his saddle on his back, he started for the Ranch of Barret & -Shineberger, on Horse Prairie where he knew there was a splendid gray -horse--the finest in the country. The possession was the trouble--the -title was quite immaterial. A friend seeing him start from Bannack with -the saddle, sent word to the owners of the gallant gray, who searched -for him without delay, taking care to avoid the willows for fear of a -shot. One of them, after climbing a hill, discovered the robber sitting -among the underwood. The place was surrounded and the capture was made -secure. - -Short shrift was he allowed. His story was disbelieved, and his captors -went for his personal outfit, if not for his purse. They lectured him -in the severest terms on the depravity which alone rendered horse -stealing possible, and then started him off down the road, minus his -saddle and pistol, but plus an old mule and blanket. - -With these locomotive treasures, Dutch John left Horse Prairie, and -took the Salt Lake road. He was accompanied by an Indian of the Bannack -tribe, armed with bow, quiver and knife. Ben. Peabody was the first who -espied them. He was going to Salt Lake City with a cayuse pack-train, -for goods, and saw the Road Agent and his aboriginal companion at Dry -Creek Canyon Ranch, since used by Oliver & Co., as a station on the -road to the metropolis of the Latter Day Saints. - -About two miles below this place, he met Neil Howie, who was coming -from the same City of Waters, along with three wagons laden with -groceries and flour. A long consultation was the consequence, and a -promise was given that the aid of the train men would be given to -secure the fugitive from justice. The same pledge was obtained from -Neil’s own party, and from the owner of a big train further down. - -Shortly after, Dutch John and the Indian hove in sight; but this did -not mend matters, for the parties “weakened” at once, and left Neil -cursing their timidity, but determined that he should not escape. -Wagner rode up and asked for some tobacco. He was told that they had -none to spare, but that there was a big train (Vivion’s) down below, -and that he might get some there. During the conversation he looked -suspicious and uneasy; but at last went on, parting amicably from them, -and attended by his copper colored satellite, whose stolid features -betrayed no sign of emotion. Neil felt “bad” but determined that his -man should not escape thus easily, he mounted his pony and galloped -after him, resolved to seek for help at the big train. He soon came up -with the pair, and Neil fancied that Wagner gave some directions to -the Indian, for he put his hand to his quiver, as if to see that all -was right for action. Dutch John held his rifle ready and looked very -suspiciously at Neil. The Indian kept behind, prepared for business. - -After the usual salutations of the road, Neil told John that he wanted -to borrow a shoeing hammer to prepare his stock for crossing the -Divide, and thereupon he noticed a sudden, joyful expansion in the eyes -of Dutch John, and, with a friendly salute they parted company. - -It was ticklish work for Neil to ride with his back to Wagner, right -under the muzzle of his rifle, but the brave fellow went along as if he -suspected nothing, and never drew rein till he came to the train. The -owner--who had often lectured, in strong language, on the proper way -to deal with (ABSENT) Road Agents--backed square down, notwithstanding -all the arguments of Neil, some of which were of a nature to bring out -any concealed courage that his friend possessed. Wagner rode up, and -glancing quickly and sharply at the two conversing, asked for tobacco, -and received for reply--not the coveted weed--but an inquiry as to -whether he had any money; which not being the case, he was informed -that there was none for him. Neil immediately told the trader to let -the man have what he wanted, on his credit. Wagner appeared deeply -grateful for this act of kindness, and having received the article, set -forward on his journey. Neil made one more solemn appeal not to “let a -murderer and Road Agent escape;” but the train-owner said nothing. - -In an instant he determined to arrest the robber at all risks, single -handed. He called out, “Hallo, Cap; hold on a minute.” Wagner wheeled -his horse half round, and Neil fixing his eyes upon him, walked -straight towards him, with empty hands. His trusty revolver hung at -his belt; however, and those who have seen the machine-like regularity -and instantaneous motion with which Howie draws and cocks a revolver, -as well as the rapidity and accuracy of his shooting, well know that -few men, if any, have odds against him in an encounter with fire-arms. -Still not one man in a thousand would, at a range of thirty yards, walk -up to a renowned desperado, sitting quietly with a loaded rifle in his -hand, and well knowing the errand of his pursuer. Yet this gallant -fellow never faltered. At twenty yards their eyes met, and the gleam -of anger, hate and desperation that shot from those of Dutch John, -spoke volumes. He also slewed round his rifle, with the barrel in his -left hand, and his right on the small of the stock. Howie looked him -straight down, and, as Wagner made the motion with his rifle, his -hand mechanically sought his belt. No further demonstration being -made, he continued his progress, which he had never checked, till he -arrived within a few steps of the Dutchman, and there read perplexity, -hesitation, anger and despair in his fiery glances. Those resolved and -unwavering grey eyes seemed to fascinate Wagner. Five paces separated -them, and the twitchery of Wagner’s muscles showed that it was touch -and go, sink or swim. Four!--three!--two!--one! Fire flashes from -John’s eyes. He is awake at last; but it is too late. Neil has passed -the butt of his rifle, and in tones quiet but carrying authority with -them, he broke the silence with the order. “Give me your gun and get -off your mule.” A start and a shudder ran through Wagner’s frame, like -an electric shock. He complied, however, and expressed his willingness -to go with Neil, both then and several times afterwards, adding that he -need fear nothing from him. - -Let it not be imagined that this man was any ordinary felon, or one -easy to capture. He stood upwards of six feet high; was well and most -powerfully built, being immensely strong, active, and both coolly and -ferociously brave. His swarthy visage, determined looking jaw and high -cheek-bones were topped off with a pair of dark eyes, whose deadly -glare few could face without shrinking. Added to this, he knew his -fate if he were caught. He traveled with a rifle in his hand, a heart -of stone, a will of iron, and the frame of a Hercules. It might also -be said, with a rope round his neck. For cool daring and self-reliant -courage, the single handed capture of Dutch John, by Neil Howie, has -always appeared to our judgment as the most remarkable action of this -campaign against crime. Had he met him and taken him alone, it would -have been a most heroic venture of life for the public good; but to see -scores of able-bodied and well armed men refusing even to assist in -the deed, and then--single handed--to perform the service from which -they shrank from bodily fear of the consequences, was an action at once -noble and self-denying in the highest sense. Physical courage we share -with the brutes; moral courage is the stature of manhood. - -The prisoner being brought to the camp-fire, was told of the nature -of the charge against him, and informed that if he were the man, a -bullet wound would be found on his shoulder. On removing his shirt, the -fatal mark was there. He attempted to account for it by saying, that -when sleeping in camp his clothes caught fire, and his pistol went off -accidentally; but neither did the direction of the wound justify such -an assumption, nor was the cause alleged received as other than proof -of attempted deceit, and, consequently, of guilt. The pistol could not -have been discharged by the fire, without the wearer being fatally -burned, long before the explosion took place, as was proved by actual -experiment at the fire, by putting a cap on a stick, and holding it -right in the blaze. - -The ocular demonstration of the prisoner’s guilt afforded by the -discovery of the bullet wound, was conclusive. Neil left him in charge, -at the big train, and rode back to see who would help him to escort the -prisoner to Bannack. Volunteering was out of fashion just then, and -there was no draft. Neil started back and brought his prisoner to Dry -Creek, where there were fifty or sixty men; but still no one seemed -to care to have anything to do with it. The fear of the roughs was so -strong that every one seemed to consider it an almost certain sacrifice -of life to be caught with one of their number in charge. - -One of Neil Howie’s friends came to him and told him that he knew -just the very man he wanted, and that he was camped with a train near -at hand. This was good news, for he had made up his mind to go with -his prisoner alone. John Fetherstun at once volunteered to accompany -him, Road Agents, horse thieves and roughs in general to the contrary -notwithstanding. The two brave men here formed that strong personal -attachment that has ever since united them in a community of sentiment, -hardship, danger and mutual devotion. - -The prisoner, who continually protested his innocence of any crime, -and his resolution to give them no trouble, seemed quite resigned, and -rode with them unfettered and unrestrained, to all appearance. He was -frequently fifty yards ahead of them; but they were better mounted than -he was, and carried both pistols and shot-guns, while he was unarmed. -His amiable manners won upon them, and they could not but feel a sort -of attachment to him--villain and murderer though they knew him to -be. The following incidents, however, put a finale to this dangerous -sympathy, and brought them back to stern reality. - -The weather being intensely cold, the party halted every ten or -fifteen miles, lit a fire, and thawed out. On one of these occasions, -Fetherstun, who usually held the horses while Neil raised a blaze, in -order to make things more comfortable, stepped back about ten paces and -set down the guns. He had no sooner returned than Wagner “made a break” -for them, and but for the rapid pursuit of Howie and Fetherstun--whose -line of march cut him off from the coveted artillery--it is likely -that this chapter would never have been written, and that the two -friends would have met a bloody death at the hands of Dutch John. - -One night, as they were sleeping in the open air, at Red Rock, fatigue -so overcame the watcher that he snored, in token of having transferred -the duties of his position to - - Watchful stars that sentinel the skies. - -This suited Wagner exactly. Thinking that the man off guard was surely -wrapt in slumber, he raised up and took a survey of the position, his -dark eyes flashing with a stern joy. As he made the first decisive -movement towards the accomplishment of his object, Neil, who sleeps -with an eye open at such times, but who, on this particular occasion, -had both his visual organs on duty--suddenly looked up. The light faded -from Wagner’s eyes, and uttering some trite remark about the cold, he -lay down again. After a lapse of about an hour or two, he thought that, -at last, all was right, and again, but even more demonstratively, he -rose. Neil sat up, and said quietly, “John, if you do that again, I’ll -kill you.” A glance of despair deepened the gloom on his swarthy brow, -and, with profuse and incoherent apologies, he again lay down to rest. - -On another occasion, they saw the smoke of a camp-fire, in close -proximity to the road, and Wagner, who noticed it even sooner than his -guards, at once thought that it must be the expected rescuers. He sang -and whistled loudly, as long as they were within hearing, and then -became sad, silent and downcast. - -“Fortune favors the brave,” and they arrived without interruption, at -Horse Prairie. Neil Howie rode on to Bannack to reconnoitre--promising -to be back, if there was any danger, in an hour or so. After waiting -for two hours, Fetherstun resumed his journey and brought in his man, -whom he took to his hotel. Neil met Plummer and told him of the capture -of Wagner. The Sheriff (?) demanded the prisoner; but Neil refused to -give him up. He soon found out that he would be backed by the “powers -behind the throne.” There were no Vigilantes organized in Bannack at -that time; but four of the Committee, good men and true, were, even -then, in the saddle, on their road from Virginia, with full powers to -act in the matter. Neil knew very well that a guard under the orders of -Plummer, and composed of Buck Stinson, Ned Ray and their fellows, would -not be likely to shoot at a prisoner escaping. - -Dutch John proposed to Fetherstun that they should take a walk, which -they did. Fetherstun did not know Bannack; but they sauntered down to -Durand’s saloon. After a few minutes had elapsed, Neil came in, and -told Fetherstun to keep a close watch on Wagner, stating that he would -be back in a few minutes. The two sat down and played a couple of games -at “seven-up.” Buck Stinson and Ned Ray came in and shook hands with -the prisoner. Four or five more also walked up, and one of them went -through that ceremony very warmly, looking very sharply at Fetherstun. -After taking a drink, he wheeled round, and, saying that he was on a -drunk, stepped out of doors. This raised Fetherstun’s suspicions, which -were apparently confirmed when he came in after a few minutes, with a -party of nine. The whole crowd numbered fifteen. Fetherstun made sure -that they were Road Agents; for one of them stepped up to John and -said, “You are my prisoner.” John looked at his quondam jailor, and -laughed. Fetherstun understood him to mean “You had me once, and now -I have you.” He stepped into the corner and drew his revolver, fully -expecting death, but determined to put as much daylight through them -as the size of his lead would allow. He permitted them to take away -the prisoner, seeing that resistance was absurd, and went off to his -hotel, where he found four or five men, and being told, in answer to -his question, that Neil had not been there, he said, “Gentlemen, I -don’t know whom I am addressing; but if you’re the right kind of men, -I want you to follow me; I am afraid the Road Agents have killed Neil -Howie; for he left me half an hour ago, to be back in five minutes.” -They all jumped up, and Fetherstun saw that they were the genuine -article. He was taking his shot-gun, when a man put his head in at the -door and told him not to be uneasy. The rest seemed satisfied. He asked -if he could go too, and was answered “no.” He said he would go, anyhow, -and started down street, gun in hand. He could not see the man, but -walking on, he came to a cabin and descried Dutch John, surrounded by a -group of some twenty men. He knocked, but was refused admittance. The -party did not know him. It was a mutual mistake. Each thought the other -belonged to the class “Road Agent.” Fetherstun said Wagner was his -prisoner, and that he must have him. They said it was all right; they -only wanted to question him. The same mistake occurred with regard to -Neil Howie, whom Fetherstun found shortly after, being aided by one of -the new captors. He was as hot as calf love at the news, but, like it, -he soon cooled, when he saw things in the right light. - -The men at once gave up the prisoner to Neil and Fetherstun, who -marched him back to the hotel, and, afterwards, to a cabin. Seven or -eight parties gathered and questioned him as to all that he knew, -exhorting him to confess. He promised to do so, over and over again; -but he was merely trying to deceive them and to gain time. The leader -in the movement took up a book, observing that he had heard enough -and would not be fooled any more. The remainder went on with their -interrogations; but at last ceased in despair of eliciting anything -like truth, from John. - -The literary gentleman closed the book, and approaching Wagner, told -him that he was notoriously a highwayman and a murderer, and that he -must be hanged; but that if he had any wish as to the precise time for -his execution he might as well name it, as it would be granted if at -all reasonable. John walked up and down for a while, and then burst -into tears, and, lamenting his hard lot, agreed to make his confession, -evidently hoping that it might be held to be of sufficient importance -to induce them to spare his life. He then gave a long statement, -corroborating Red’s confession in all important particulars; but he -avoided inculpating himself to the last moment, when he confessed his -share in the robbery of the train by himself and Steve Marshland. This -ended the examination for the night. - -It was at this time that the Vigilance Committee was formed in Bannack. -A public meeting had been held in Peabody’s to discuss the question, -and the contemplated organization was evidently looked upon with favor. -The most energetic citizen, however, rather threw cold water on the -proposition. Seeing Ned Hay and Stinson there present, he wisely -thought that that was no place for making such a movement, and held -himself in reserve for an opportunity to make an effort, at a fitting -time and place, which offered itself in the evening. - -At midnight he had lain down to rest, when he was awakened from sleep -by a summons to get up, for that men had come from Virginia to see -him. He put on his clothes hastily, and found that four trustworthy -individuals had arrived, bearing a communication from the Vigilantes -of Virginia, which, on inspection, evidently took for granted the fact -of their organization, and also assumed that they would be subordinate -to the central authority. This latter question was put to the small -number of the faithful, and, by a little management, was carried with -considerable unanimity of feeling. It was rather a nice point; for the -letter contained an order for the execution of Plummer, Stinson and -Ray--the first as captain, and the others as members of the Road Agent -Band. Four men had comprised those first enrolled as Vigilantes at -Bannack. - -It was resolved to spend the following day in enlisting members, though -no great progress was made after all. - -Towards night, the people, generally, became aware that Wagner was a -prisoner and a Road Agent. No one would let him into his house. Neil -Howie and Fetherstun took him to an empty cabin on Yankee Flat. - - - - -CHAPTER XVIII. - -THE ARREST AND EXECUTION OF HENRY PLUMMER, THE ROAD AGENT CHIEF, BUCK -STINSON AND NED RAY. - - United there that trio died, - By deeds of crime and blood allied. - - -At dusk, three horses were brought into town, belonging severally and -respectively to the three marauders so often mentioned, Plummer, -Stinson and Ray. It was truly conjectured that they had determined -to leave the country, and it was at once settled that they should -be arrested that night. Parties were detailed for the work. Those -entrusted with the duty, performed it admirably. Plummer was undressing -when taken at his house. His pistol (a self-cocking weapon) was broken -and useless. Had he been armed, resistance would have been futile; -for he was seized the moment the door was opened in answer to the -knocking from without. Stinson was arrested at Toland’s, where he was -spending the evening. He would willingly have done a little firing, -but his captors were too quick for him. Ray was lying on a gaming -table, when seized. The three details marched their men to a given -point, en route to the gallows. Here a halt was made. The leader of the -Vigilantes and some others, who wished to save all unnecessary hard -feeling, were sitting in a cabin, designing not to speak to Plummer, -with whom they were so well acquainted. A halt was made, however, and, -at the door, appeared Plummer. The light was extinguished; when the -party moved on, but soon halted. The crisis had come. Seeing that the -circumstances were such as admitted of neither vacillation nor delay, -the citizen leader, summoning his friends, went up to the party and -gave the military command, “Company! forward--march!” This was at once -obeyed. A rope taken from a noted functionary’s bed had been mislaid -and could not be found. A nigger boy was sent off for some of that -highly necessary, but unpleasant remedy for crime, and the bearer made -such good time that some hundreds of feet of hempen neck-tie were on -the ground before the arrival of the party at the gallows. On the -road, Plummer heard the voice and recognized the person of the leader. -He came to him and begged for his life; but was told, “It is useless -for you to beg for your life; that affair is settled and cannot be -altered. You are to be hanged. You cannot feel harder about it than I -do; but I cannot help it, if I would.” Ned Ray, clothed with curses -as with a garment, actually tried fighting, but found that he was in -the wrong company for such demonstrations; and Buck Stinson made the -air ring with the blasphemous and filthy expletives which he used in -addressing his captors. Plummer exhausted every argument and plea that -his imagination could suggest, in order to induce his captors to spare -his life. He begged to be chained down in the meanest cabin; offered to -leave the country forever; wanted a jury trial; implored time to settle -his affairs; asked to see his sister-in-law, and, falling on his knees, -with tears and sighs declared to God that he was too wicked to die. He -confessed his numerous murders and crimes, and seemed almost frantic at -the prospect of death. - -The first rope being thrown over the cross-beam, and the noose being -rove, the order was given to “Bring up Ned Ray.” This desperado was run -up with curses on his lips. Being loosely pinioned, he got his fingers -between the rope and his neck, and thus prolonged his misery. - -Buck Stinson saw his comrade robber swinging in the death agony, and -blubbered out, “There goes poor Ed Ray.” Scant mercy had he shown to -his numerous victims. By a sudden twist of his head at the moment of -his elevation, the knot slipped under his chin, and he was some minutes -dying. - -The order to “Bring up Plummer” was then passed and repeated; but no -one stirred. The leader went over to this PERFECT GENTLEMAN, as his -friends called him, and was met by a request to “Give a man time to -pray.” Well knowing that Plummer relied for a rescue upon other than -Divine aid, he said briefly and decidedly, “Certainly; but let him say -his prayers up here.” Finding all efforts to avoid death were useless, -Plummer rose and said no more prayers. Standing under the gallows which -he had erected for the execution of Horan, this second Haman slipped -off his neck-tie and threw it over his shoulder to a young friend who -had boarded at his house, and who believed him innocent of crime, -saying as he tossed it to him, “Here is something to remember me by.” -In the extremity of his grief, the young man threw himself weeping and -wailing, upon the ground. Plummer requested that the men would give -him a good drop, which was done, as far as circumstances permitted, by -hoisting him up as high as possible, in their arms, and letting him -fall suddenly. He died quickly and without much struggle. - -It was necessary to seize Ned Ray’s hand and by a violent effort to -draw his fingers from between the noose and his neck before he died. -Probably he was the last to expire, of the guilty trio. - -The news of a man’s being hanged flies faster than any other -intelligence, in a Western country, and several had gathered round the -gallows on that fatal Sabbath evening--many of them friends of the Road -Agents. The spectators were allowed to come up to a certain point, and -were then halted by the guard, who refused permission either to depart -or to approach nearer than the “dead line,” on pain of their being -instantly shot. - -The weather was intensely cold; but the party stood for a long time -round the bodies of the suspended malefactors, determined that rescue -should be impossible. - -Loud groans and cries uttered in the vicinity, attracted their -attention, and a small squad started in the direction from which -the sound proceeded. The detachment soon met Madam Hall, a noted -courtezan--the mistress of Ned Ray--who was “Making night hideous” -with her doleful wailings. Being at once stopped, she began inquiring -for her paramour, and was thus informed of his fate, “Well if you must -know, he is hung.” A volcanic eruption of oaths and abuse was her reply -to this information; but the men were on “short time,” and escorted her -towards her dwelling without superfluous display of courtesy. Having -arrived at the brow of a short descent, at the foot of which stood her -cabin, STERN necessity compelled a rapid and final progress in that -direction. - -Soon after, the party formed and returned to town, leaving the corpses -stiffening in the icy blast. The bodies were eventually cut down by -the friends of the Road Agents and buried. The “Reign of Terror,” in -Bannack, was over. - - - - -CHAPTER XIX. - -THE EXECUTION OF “THE GREASER” (JOE PIZANTHIA,) AND DUTCH JOHN, -(WAGNER.) - - Hope withering fled, and mercy sighed, farewell.--CAMPBELL. - - -A marked change in the tone of public sentiment was the consequence -of the hanging of the blood-stained criminals whose deserved fate is -recorded in the preceding chapters. Men breathed freely; for Plummer -and Stinson especially were dreaded by almost every one. The latter -was of the type of that brutal desperado whose formula of introduction -to a Western bar-room is so well known in the Mountains: “Whoop! I’m -from Pike County, Missouri; I’m ten feet high; my abode is where lewd -women and licentious men mingle; my parlor is the Rocky Mountains. I -smell like a wolf. I drink water out of a brook, like a horse. Look -out you ----, I’m going to turn loose,” etc. A fit mate for such a -God-forgotten outlaw was Stinson, and he, with the oily and snake-like -demon, Plummer, the wily, red-handed, and politely merciless chief, and -the murderer and robber, Ray, were no more. The Vigilantes organized -rapidly. Public opinion sustained them. - -On Monday morning, it was determined to arrest “the Greaser,” Joe -Pizanthia, and to see precisely how his record stood in the Territory. -Outside of it, it was known that he was a desperado, a murderer and -a robber; but that was not the business of the Vigilantes. A party -started for his cabin, which was built in a side-hill. The interior -looked darker than usual, from the bright glare of the surrounding -snow. The summons to come forth being disregarded, Smith Ball and -George Copley entered, contrary to the advice of their comrades, and -instantly received the fire of their concealed foe. Copley was shot -through the breast. Smith Ball received a bullet in the hip. They both -staggered out, each ejaculating, “I’m shot.” Copley was led off by two -friends, and died of his wound. Smith Ball recovered himself, and was -able to empty his six-shooter into the body of the assassin, when the -latter was dragged forth. - -The popular excitement rose nearly to madness. Copley was a much -esteemed citizen, and Smith Ball had many friends. It was the instant -resolution of all present that the vengeance on the Greaser should be -summary and complete. - -A party whose military experience was still fresh in their memory, -made a rush at the double-quick, for a mountain howitzer, which lay -dismounted, where it had been left by the train to which it was -attached. Without waiting to place it on the carriage, it was brought -by willing hands, to within five rods of the windowless side of the -cabin, and some old artillerists, placing it on a box, loaded it with -shell, and laid it for the building. By one of those omissions so -common during times of excitement, the fuse was left uncut, and, being -torn out in its passage through the logs, the missile never exploded, -but left a clean breach through the wall, making the chips fly. A -second shell was put into the gun, and this time, the fuse was cut, -but the range was so short that the explosion took place after it had -traversed the house. - -Thinking that Pizanthia might have taken refuge in the chimney, -the howitzer was pointed for it, and sent a solid shot through it. -Meanwhile the military judgment of the leader had been shown by the -posting of some riflemen opposite the shot-hole, with instructions to -maintain so rapid a fire upon it, that the beleaguered inmate should -not be able to use it as a crenelle through which to fire upon the -assailants. No response being given to the cannon and small-arms, the -attacking party began to think of storming the dwelling. - -The leader called for volunteers to follow him. Nevada cast in her lot -first, and men from the crowd joined. The half dozen stormers moved -steadily, under cover, to the edge of the last building, and then -dashed at the house, across the open space. The door had fallen from -the effects of the fusilade; but, peeping in, they could see nothing, -until a sharp eye noticed the Greaser’s boots protruding. Two lifted -the door, while Smith Ball drew his revolver and stood ready. The -remainder seized the boots. - -On lifting the door, Pizanthia was found lying flat, and badly hurt. -His revolver was beside him. He was quickly dragged out, Smith Ball -paying him for the wound he had received by emptying his revolver into -him. - -A clothes line was taken down and fastened round his neck; the leader -climbed a pole, and the rest holding up the body, he wound the rope -round the top of the stick of timber, making a jam hitch. While aloft, -fastening all securely, the crowd blazed away upon the murderer -swinging beneath his feet. At his request--“Say, boys! stop shooting -a minute”--the firing ceased, and he came down by the run. Over one -hundred shots were discharged at the swaying corpse. - -A friend--one of the four BANNACK ORIGINALS--touched the leader’s arm, -and said, “Come and see my bon-fire.” Walking down to the cabin, he -found that it had been razed to the ground by the maddened people, and -was then in a bright glow of flame. A proposition to burn the Mexican -was received with a shout of exultation. The body was hauled down and -thrown upon the pile, upon which it was burned to ashes so completely -that not a trace of a bone could be seen when the fire burned out. - -In the morning some women of ill-fame actually panned out the ashes, to -see whether the desperado had any gold in his purse. We are glad to say -that they were not rewarded for their labors by striking any auriferous -deposit. - -The popular vengeance had been only partially satisfied, so far as -Pizanthia was concerned; and it would be well if those who preach -against the old Vigilance Committee would reflect upon the great -difference which existed between the prompt and really necessary -severity which they exercised and the wild and ungovernable passion -which goads the masses of all countries, when roused to deeds of -vengeance of a type so fearful, that humanity recoils at the recital. -Over and over again, we have heard a man declaring that it was “A ----- shame,” to hang some one that he wished to see punished. “----, -he ought to be burnt; I would pack brush three miles up a mountain -myself.” “He ought to be fried in his own grease,” etc., and it must -not be supposed that such expressions were mere idle bravado. The -men said just what they meant. In cases where criminals convicted of -grand larceny have been whipped, it has never yet happened that the -punishment has satisfied the crowd. The truth is, that the Vigilance -Committee simply punished with death, men unfit to live in any -community, and that death was, usually, almost instantaneous, and only -momentarily painful. With the exceptions recorded (Stinson and Ray) the -drop and the death of the victim seemed simultaneous. In a majority of -cases, a few almost imperceptible muscular contortions, not continuing -over a few seconds, were all that the keenest observer could detect; -whereas, had their punishment been left to outsiders, the penalty would -have been cruel and disgusting in the highest degree. What would be -thought of the burning of Wagner and panning out his ashes, BY ORDER OF -THE VIGILANTES. In every case where men have confessed their crimes to -the Vigilantes of Montana, they dreaded the vengeance of their comrades -far more than their execution at the hands of the Committee, and clung -to them as if they considered them friends. - -A remarkable instance of this kind was apparent in the conduct of John -Wagner. While in custody at the cabin, on Yankee Flat, the sound of -footsteps and suppressed voices was heard, in the night. Fetherstun -jumped up, determined to defend himself and his prisoner to the last. -Having prepared his arms, he cast a look over his shoulder to see what -Dutch John was doing. The Road Agent stood with a double-barrelled gun -in his hand, evidently watching for a chance to do battle on behalf of -his captor. Fetherstun glanced approvingly at him, and said, “That’s -right, John, give them ----.” John smiled grimly and nodded, the muzzle -of his piece following the direction of the sound, and his dark eyes -glaring like those of a roused lion. Had he wished, he could have shot -Fetherstun in the back, without either difficulty or danger. Probably -the assailants heard the ticking of the locks of the pieces, in the -still night, and therefore determined not to risk such an attack, which -savages of all kinds especially dislike. - -The evening after the death of Pizanthia, the newly organized Committee -met, and, after some preliminary discussion, a vote was taken as to the -fate of Dutch John. The result was that his execution was unanimously -adjudged, as the only penalty meeting the merits of the case. He had -been a murderer and a highway robber, for years. - -One of the number present at the meeting was deputed to convey the -intelligence to Wagner; and, accordingly, he went down to his place of -confinement and read to him his sentence of death, informing him that -he would be hanged in an hour from that time. Wagner was much shocked -by the news. He raised himself to his feet and walked with agitated and -tremulous steps across the floor, once or twice. He begged hard for -life, praying them to cut off his arms and legs, and then to let him -go. He said, “You know I could do nothing then.” He was informed that -his request could not be complied with, and that he must prepare to die. - -Finding death to be inevitable, Wagner summoned his fortitude to his -aid and showed no more signs of weakness. It was a matter of regret -that he could not be saved for his courage, and (outside of his -villainous trade) his good behaviour won upon his captors and judges -to an extent that they were unwilling to admit, even to themselves. -Amiability and bravery could not be taken as excuses for murder and -robbery, and so Dutch John had to meet a felon’s death and the judgment -to come, with but short space for repentance. - -He said that he wished to send a letter to his mother, in New York, and -inquired whether there was not a Dutchman in the house, who could write -in his native language. A man being procured qualified as desired, he -communicated his wishes to him and his amanuensis wrote as directed. -Wagner’s fingers were rolled up in rags and he could not handle the -pen without inconvenience and pain. He had not recovered from the -frost-bites which had moved the pity of X. Beidler when he met John -before his capture, below Red Rock. The epistle being finished, it was -read aloud by the scribe; but it did not please Wagner. He pointed out -several inaccuracies in the method of carrying out his instructions, -both as regarded the manner and the matter of the communication; and at -last, unrolling the rags from his fingers, he sat down and wrote the -missive himself. - -He told his mother that he was condemned to die, and had but a -few minutes to live; that when coming over from the other side, to -deal in horses; he had been met by bad men, who had forced him to -adopt the line of life that had placed him in his present miserable -position; that the crime for which he was sentenced to die was -assisting in robbing a wagon, in which affair he had been wounded -and taken prisoner, and that his companion had been killed. (This -latter assertion he probably believed.) He admitted the justice of his -sentence. - -The letter, being concluded, was handed to the Vigilantes for -transmission to his mother. He then quietly replaced the bandages -on his wounded fingers. The style of the composition showed that he -was neither terrified nor even disturbed at the thought of the fast -approaching and disgraceful end of his guilty life. The statements were -positively untrue, in many particulars, and he seemed to write only as -a matter of routine duty; though we may hope that his affection for his -mother was, at least, genuine. - -He was marched from the place of his confinement to an unfinished -building, where the bodies of Stinson and Plummer were laid out--the -one on the floor and the other on a work bench. Ray’s corpse had been -handed over to his mistress, at her special request. The doomed man -gazed without shrinking on the remains of the malefactors, and asked -leave to pray. This was of course, granted, and he knelt down. His -lips moved rapidly; but he uttered no word audibly. On rising to his -feet, he continued, apparently to pray, looking round, however, upon -the assembled Vigilantes all the time. A rope being thrown over a -cross-beam, a barrel was placed ready for him to stand upon. While the -final preparations were making, the prisoner asked how long it would -take him to die, as he had never seen a man hanged. He was told that -it would be only a short time. The noose was adjusted; a rope was tied -round the head of the barrel and the party took hold. At the word, “All -ready,” the barrel was instantly jerked from beneath his feet, and he -swung in the death agony. His struggles were very powerful, for a short -time; so iron a frame could not quit its hold on life as easily as a -less muscular organization. After hanging till frozen stiff, the body -was cut down and buried decently. - - - - -CHAPTER XX. - -THE CAPTURE AND EXECUTION OF BOONE HELM, JACK GALLAGHER, FRANK PARISH, -HAZE LYONS AND CLUB-FOOT GEORGE (LANE.) - - “’Tis joy to see the engineer hoist - With his own petard.”--SHAKSPEARE. - - -The effect of the executions noticed in the foregoing chapters, was -both marked and beneficial. There was much to be done, however, to -insure anything like lasting peace to the community. Ives, Yager, -Brown, Plummer, Stinson, Ray, Pizanthia and Wagner were dead; but the -five villains whose names head this chapter, together with Bunton, -Zachary, Marshland, Shears, Cooper, Carter, Graves, Hunter and others -were still at large, and were supported by many others equally guilty, -though less daring and formidable as individuals. - -Threats of vengeance had been made, constantly, against the Vigilantes, -and a plot to rob several stores in Virginia had nearly matured, when -it was discovered and prevented. Every man who had taken part in the -pursuit of the criminals whose fate has been recorded, was marked for -slaughter by the desperadoes, and nothing remained but to carry out -the good work so auspiciously begun, by a vigorous and unhesitating -severity, which should know no relaxation until the last blood-stained -miscreant that could be captured had met a felon’s doom. - -On the evening of the 13th of January, 1864, the Executive Committee, -in solemn conclave assembled, determined on hanging six of them -forthwith. One of the doomed men--Bill Hunter--suspecting danger, -managed to crawl away, along a drain-ditch, through the line of pickets -that surrounded the town, and made his escape. He was badly frozen -by exposure to the cold, and before his capture, was discovered by J. -A. Slade, while lying concealed under a bed at a ranch, and told that -the Vigilantes were after him, which information caused him to move -his quarters to Gallatin valley, where he was caught and executed soon -after, as will appear in the course of this narrative. - -While the Committee were deliberating in secret, a small party of the -men who were at that moment receiving sentence of death, were gathered -in an upper room at a gambling house, and engaged in betting at faro. -Jack Gallagher suddenly remarked, “While we are here betting, those -Vigilante sons of ---- are passing sentence on us.” This is considered -to be the most remarkable and most truthful saying of his whole life; -but he might be excused telling the truth once, as it was entirely -accidental. - -Express messengers were sent to warn the men of the neighboring towns, -in the gulch, and the summons was instantly obeyed. - -Morning came--the last on earth that the five desperadoes should ever -behold. The first rays of light showed the pickets of the Vigilantes -stationed on every eminence and point of vantage round the city. The -news flew like lightning through the town. Many a guilty heart quaked -with just fear, and many an assassin’s lip turned pale and quivered -with irrepressible terror. The detachments of Vigilantes, with -compressed lips and echoing footfall, marched in from Nevada, Junction, -Summit, Pine Grove, Highland and Fairweather, and halted in a body in -Main street. Parties were immediately detailed for the capture of the -Road Agents, and all succeeded in their mission, except the one which -went after Bill Hunter, who had escaped. - -Frank Parish was brought in first. He was arrested without trouble, -in a store, and seemed not to expect death. He took the executive -officer one side, and asked, “What am I arrested for?” He was told, -“For being a Road Agent and thief, and accessory to the murders and -robberies on the road.” At first he pleaded innocent; but at last he -confessed his complicity with the gang, and admitted being one of the -party that robbed the coach between Bannack and Virginia, and that he -was guilty of stealing horses and stock for them. He used to butcher -stolen cattle, and attend to the commissariat business. He gave some -directions about articles of clothing belonging to him, and the -settlement of some debts. Until his confession, it was not known that -he had any share in the robbery of the coach. - -Club-Foot George (George Lane) was arrested at Dance & Stuart’s. He -was living there, and working at odd times. He was perfectly cool and -collected, and inquired the reason of his arrest, as Parish had done -previously. On receiving the same answer, he appeared surprised, and -said, “If you hang me you will hang an innocent man.” He was told that -the proof was positive, and that if he had any preparation to make he -must do it at once, as his sentence was death. He appeared penitent -and sat down for some time, covering his face with his hands. He then -asked for a minister, and one being immediately sent for, he talked and -prayed with him till the procession to the gallows was formed. In his -pocket-book was found an extract from a western newspaper, stating that -George Lane, the notorious horse-thief, was Sheriff of Montana. Lane -was a man of iron nerve; he seemed to think no more of the hanging than -a man would of eating his breakfast. - -Boone Helm was brought in next. He had been arrested in front of the -Virginia Hotel. Two or three were detailed for his capture of whom he -would entertain no suspicion, and they played their part, apparently, -so carelessly and well, that he was seized without being able to make -any effort at resistance. A man at each arm, and one behind, with a -cocked revolver, brought him to the rendezvous. He lamented greatly -that he “had no show” when taken, as he said, “They would have had a -gay old time taking me, if I had known what they were after.” His right -hand was in a sling. He quietly sat down on a bench, and on being made -acquainted with his doom, he declared his entire innocence. He said, “I -am as innocent as the babe unborn; I never killed any one, or robbed -or defrauded any man; I am willing to swear it on the Bible.” Anxious -to see if he was really so abandoned a villain as to swear this, the -book was handed to him, and he, with the utmost solemnity, repeated an -oath to that effect, invoking most terrific penalties on his soul, in -case he was swearing falsely. He kissed the book most impressively. He -then addressed a gentleman, and asked him to go into a private room. -Thinking that Boone wanted him to pray with him, he proposed to send -for a clergyman; but Boone said, “You’ll do.” On reaching the inner -room, the prisoner said, “Is there no way of getting out of this?” -Being told that there was not, and that he must die, he said, “Well, -then, I’ll tell you, I did kill a man named Shoot, in Missouri, and I -got away to the West; and I killed another chap in California. When I -was in Oregon I got into jail, and dug my way out with tools that my -squaw gave me.” Being asked if he would not tell what he knew about the -gang, he said, “Ask Jack Gallagher; he knows more than I do.” Jack, -who was behind a partition, heard him, and burst out into a volley of -execrations, saying that it was just such cowardly sons of ---- and -traitors that had brought him into that scrape. - -Helm was the most hardened, cool and deliberate scoundrel of the whole -band, and murder was a mere pastime to him. He killed Mr. Shoot, in -Missouri, (as will be afterwards narrated,) and testimony of the most -conclusive character, showed that his hands were steeped in blood, both -in Idaho and since his coming to the Territory. Finding that all his -asseverations and pleas availed him nothing, he said, “I have dared -death in all its forms, and I do not fear to die.” He called repeatedly -for whiskey, and had to be reprimanded several times for his unseemly -conduct. - -The capture of Lyons, though unattended with danger, was affected only -by great shrewdness. He had been boarding at the Arbor Restaurant, -near the “Shades.” The party went in. The owner said he was not there, -but that they might search if they liked. The search was made, and was -ineffectual. He had left in the morning. During the search for Lyons, -Jack Gallagher was found, in a gambling room, rolled up in bedding, -with his shot-gun and revolver beside him. He was secured too quickly -to use his weapons, if, indeed he had had the courage; but his heart -failed him, for he knew that his time was come. He was then taken to -the place of rendezvous. - -In the meantime the other party went after Haze Lyons, and found that -he had crossed the hill, beyond the point overhanging Virginia, and, -after making a circuit of three miles through the mountains, he had -come back to within a quarter of a mile of the point, from which he -started to a miner’s cabin, on the west side of the gulch, above town. -At the double-quick, the pursuers started, the moment they received -the information. The leader threw open the door, and bringing down his -revolver to a present, said, “Throw up your hands.” Lyons had a piece -of hot slapjack on his fork; but dropped it instantly, and obeyed the -order. He was told to step out. This he did at once. He was in his -shirt-sleeves, and asked for his coat which was given to him. He was -so nervous that he could hardly get his arms into it. A rigid search -for weapons was made; but he had just before taken off his belt and -revolver, laying them on the bed. He said that that was the first meal -he had sat down to with any appetite, for six weeks. Being told to -finish his dinner, he thanked the captain, but said he could eat no -more. He then inquired what was going to be done with him, and whether -they would hang him. The captain said, “I am not here to promise you -anything; prepare for the worst.” He said, “My friends advised me to -leave here, two or three days ago.” The captain asked why he did not -go. He replied that he had “done nothing, and did not want to go.” (He -was one of the murderers of Dillingham, in June, ’63, and was sentenced -to death, but spared, as before related.) The real reason for his stay, -was his attachment for a woman in town, whose gold watch he wore when -he died on the scaffold. He was asked if he had heard of the execution -of Plummer, Buck Stinson and Ned Ray. He replied that he had; but -that he did not believe it. He was informed that it was true in the -following words, “You may bet your sweet life on it.” He then inquired, -“Did they fight?” and was informed that they did not; for that they had -not any opportunity. By this time they had arrived at the rendezvous, -and Lyons found himself confronted by some familiar faces. - -Jack Gallagher came in swearing, and appeared to be inclined to pretend -that the affair was a joke, asking, “What the ---- is it all about?” -and saying, “This is a pretty break ain’t it?” Being informed of his -sentence, he appeared much affected, and sat down, crying; after which -he jumped up, cursing in the most ferocious manner, and demanded who -had informed of him. He was told that it was “Red, who was hung at -Stinkingwater.” He cursed him with every oath he could think of. He -said to himself, “My God! must I die in this way?” His general conduct -and profanity were awful; and he was frequently rebuked by the chief of -the executive. - -Haze Lyons was last fetched in, and acquainted with his sentence. -He, of course, pleaded innocent, in the strongest terms; but he had -confessed to having murdered Dillingham, to a captain of one of the -squads of the guard, in the presence of several witnesses; and he was -a known Road Agent. He gave some directions for letters to be written, -and begged to see his mistress; but warned by the experiment of the -previous year, his request was denied. - -The chief dispatched an officer, with fifteen men, who went at the -double-quick to Highland District, where two suspicious looking -characters had gone, with blankets on their backs, the evening before, -and making the “surround” of the cabin, the usual greeting of “throw up -your hands,” enforced by a presented revolver, was instantly obeyed, -and they were marched down after being disarmed. The evidence not being -conclusive, they were released though their guilt was morally certain. -The Vigilantes rigidly abstained, in all cases, from inflicting the -penalty due to crime, without entirely satisfactory evidence of guilt. - -After all was arranged for hanging them, the prisoners were ordered -to stand in a row, facing the guard, and were informed that they were -about to be marched to the place of execution. Being asked if they had -any requests to prefer, as that would be their last opportunity, they -said they had none to make. They were then asked if they had anything -to communicate, either of their own deeds or their comrade Road Agents; -but they all refused to make any confession. The guard were ordered to -pinion their prisoners. Jack Gallagher swore he would never be hung in -public; and drawing his knife he clapped the blade to his neck, saying -that he would cut his throat first. The executive officer instantly -cocked his pistol, and told him that if he made another movement, he -would shoot him, and ordered the guard to disarm him. One of them -seized his wrist and took the knife, after which he was pinioned, -cursing horribly all the time. Boon Helm was encouraging Jack, telling -him not to “make a ---- fool of himself,” as there was no use in being -afraid to die. - -The chief called upon men that could be depended upon, to take charge -of the prisoners to the place of execution. The plan adopted was to -march the criminals, previously pinioned, each between two Vigilantes, -who grasped an arm of the prisoner with one hand, and held in the other -a “Navy”--ready for instant use. When Haze Lyons heard the order above -mentioned, he called out, “X, I want you to come and stay with me till -I die,” which reasonable request was at once complied with. - -The criminals were marched into the center of a hollow square, which -was flanked by four ranks of Vigilantes, and a column in front and -rear, armed with shot guns and rifles carried at a half present, ready -to fire at a moments warning, completed the array. The pistol men were -dispersed through the crowd to attend to the general deportment of -outsiders, or, as a good man observed, to take the roughs “out of the -wet.” - -At the word “march!” the party started forward, and halted, with -military precision, in front of the Virginia Hotel. The halt was made -while the ropes were preparing at the unfinished building, now Clayton -& Hale’s Drug Store, at the corner of Wallace and Van Buren streets. -The logs were up to the square, but there was no roof. The main beam -for the support of the roof, which runs across the center of the -building, was used as a gallows, the rope being thrown over it, and -then taken to the rear and fastened round some of the bottom logs. Five -boxes were placed immediately under the beam, as substitutes for drops. - -The prisoners were, during this time, in front of the Virginia Hotel. -Club-Foot George called a citizen to him, and asked him to speak as to -his character; but this, the gentleman declined saying, “Your dealings -with me have been right; but what you have done outside of that I -do not know.” Club-Foot then asked him to pray with him, which he -did, kneeling down and offering up a fervent petition to the throne -of grace on his behalf. George and Jack Gallagher knelt. Haze Lyons -requested that his hat should be taken off, which was done. Boone Helm -was cracking jokes all the time. Frank Parish seemed greatly affected -at the near prospect of death. Boone Helm, after the prayer was over, -called to Jack Gallagher, “Jack, give me that coat; you never gave me -anything.” “D--d sight of use you’d have for it,” replied Jack. The -two worthies kept addressing short and pithy remarks to their friends -around, such as “Hallo, Jack, they’ve got me this time;” “Bill, old -boy, they’ve got me, sure,” etc. - -Jack called to a man, standing at the windows of the Virginia Hotel, -“Say! I’m going to Heaven! I’ll be there in time to open the gate for -you, old fellow.” Jack wore a very handsome United States cavalry -officer’s overcoat, trimmed with Montana beaver. - -Haze begged of his captor that his mistress might see him, but his -prayer was refused. He repeated his request a second time, with the -like result. A friend offered to fetch the woman; but was ordered off; -and on Haze begging for the third time, to see her, he received this -answer: “Haze! emphatically! by G--d, bringing women to the place of -execution played out in ’63.” This settled the matter. The Vigilantes -had not forgotten the scene after the trial of Dillingham’s murderers. - -The guard marched at the word to the place of execution; opened ranks, -and the prisoners stepped up on the boxes. Club-Foot George was at -the east side of the house; next to him was Haze Lyons; then Jack -Gallagher and Boone Helm. The box next to the west end of the house was -occupied by Frank Parish. The hats of the prisoners were ordered to be -removed. Club-Foot, who was somewhat slightly pinioned, reached up to -his California hat, and dashed it angrily on the ground. The rest were -taken off by the guards. - -The nooses were adjusted by five men, and--all being ready--Jack -Gallagher, as a last request, asked that he might have something to -drink, which, after some demur, was acceded to. Club-Foot George looked -round, and, seeing an old friend clinging to the logs of the building, -said, “Good-bye, old fellow--I’m gone;” and, hearing the order, “Men, -do your duty”--without waiting for his box to be knocked away--he -jumped off, and died in a short time. - -Haze stood next; but was left to the last. He was talking all the time, -telling the people that he had a kind mother, and that he had been well -brought up; that he did not expect that it would have come to that; but -that bad company had brought him to it. - -Jack Gallagher, while standing on the box, cried all the time, using -the most profane and dreadful language. He said, “I hope that forked -lightning will strike every strangling ---- of you.” The box flying -from under his feet, brought his ribaldry and profanity to a close, -which nothing but breaking his neck would ever have done. - -Boone Helm, looking coolly at his quivering form, said, “Kick away, -old fellow; I’ll be in Hell with you in a minute.” He probably told -the truth, for once in his life. He then shouted, “Every man for his -principles--hurrah for Jeff Davis! Let her rip!” The sound of his words -was echoed by the twang of the rope. - -Frank Parish requested to have a handkerchief tied over his face. His -own black neck-tie, fastened in the Road Agents knot, was taken from -his throat and dropped over his face like a veil. He seemed serious -and quiet, but refused to confess anything more; and was launched into -eternity. A bystander asked the guard who adjusted the rope, “Did you -not feel for the poor man as you put the rope round his neck?” The -Vigilanter, whose friend had been slaughtered by the Road Agents, -regarded his interrogator with a stern look, and answered slowly, “Yes! -I felt for his left ear!” - -Haze Lyons seemed to expect a second deliverance from death, up to -the last moment; looking right and left at the swaying bodies of the -desperadoes, his countenance evidently indicating a hope of reprieve. -Finding entreaty useless, he sent word to his mistress that she should -get her gold watch, which he wore, and requested that his dying regards -might be conveyed to her. He expressed a hope that she would see that -his body was taken down, and that it was not left to hang too long. -Also he charged her to see him decently buried. He died, apparently -without pain. The bodies, after hanging for about two hours, were cut -down, and carried to the street, in front of the house, where their -friends found them, and took them away for burial. They sleep on -Cemetery Hill, awaiting, not the justice of man, but the judgment of -the last Day. - -The man who dug the graves intended for Stinson and Lyons--after their -sentence of death, for the murder of Dillingham--received no pay, -and the two murderers actually committed an offense revolting to all -notions of decency, in those very graves, in derision of their judges, -and in contempt for their power. The sexton “pro tem” was in the crowd -in front of the gallows where Lyons paid the penalty of his crimes, -and said to him, “I dug your grave once for nothing; this time I’ll be -paid, you bet.” He received his money. - -As Jack Gallagher has not been specially referred to, the following -short account of a transaction in which he was engaged, in Virginia -City, is here presented: - -Near the end of 1863, Jack Gallagher, who had hitherto occupied the -position in Montana, of a promising desperado--raised himself to the -rank of a “big medicine man,” among the Road Agents, by shooting a -blacksmith, named Jack Temple, as fine a man as could be found among -the trade. He did not kill him; but his good intentions were credited -to him, and he was thenceforth respected as a proved brave. Temple had -been shoeing oxen, and came up to Coleman & Lœb’s saloon, to indulge in -a “Thomas and Jeremiah,” with some friends. Jack Gallagher was there. -A couple of dogs began to fight, and Temple gave one of them a kick, -saying to the dog, “Here, I don’t want you to fight here.” Jack said -there was not a ---- there that should kick that dog, and he was able -to whip any man in the room. Temple, who, though not quarrelsome, was -as brave as a lion, went up to him and said, “I’m not going to fight in -here; but if you want a fight so bad, come into the street, and I’ll -give you a ‘lay out;’ I’ll fight you a square fight.” He immediately -went to the door. Jack Gallagher, seeing him so nicely planted for a -shot, in a narrow door-way, whipped out his pistol, and fired twice at -him. The first ball broke his wrist. “You must do better than that,” -said Temple, “I can whip you yet.” The words were hardly out of his -mouth when the second ball pierced his neck, and he fell. Gallagher -would have finished him where he lay, but his friends interfered. -The unfortunate man said: “Boys carry me somewhere; I don’t want to -die, like a dog, in the street.” He remained, slowly recovering, but -suffering considerably, for several weeks, and at the execution of -Gallagher, he was walking round town, with his arm in a sling, greatly -grieved at the sudden end of his antagonist. “I wish,” said he, “you -had let him run till I got well; I would have settled that job myself.” - -Bill Hunter and Gallagher robbed a Mormon of a large amount of -greenbacks, which he had been foolish enough to display, in a saloon, -in Virginia. They followed him down the road, on his way to Salt Lake -City, and, it is presumed they murdered him. The money was recognized -by several while the thieves were spending it in town. The Mormon was -never heard of more. All the robbers whose death has been recorded wore -the “Cordon knot” of the band, and nearly all, if not every one of -them, shaved to the Road Agent pattern. - -These executions were a fatal blow to the power of the band, and, -henceforth, the RIGHT was the stronger side. The men of Nevada -deserve the thanks of the people of the Territory for their activity, -brave conduct and indomitable resolution. Without their aid, the -Virginians could never have faced the roughs, or conquered them in -their headquarters--their own town. The men of Summit, especially, and -“up the Gulch,” generally, were always on hand, looking business, and -doing it. Night fell on Virginia; but sleep forsook many an eye; while -criminals of all kinds fled for their lives, from the fatal City of the -Vigilantes. - - - - -CHAPTER XXI. - -THE DEER LODGE AND HELL GATE SCOUT--CAPTURE AND EXECUTION OF STEPHEN -MARSHLAND, BILL BUNTON, CYRUS SKINNER, ALECK CARTER, JOHNNY COOPER, -GEORGE SHEARS, ROBERT ZACHARY AND WILLIAM GRAVES, (WHISKEY BILL.) - - “He dies and makes no sign; - So bad a death argues a monstrous life.”--SHAK. - - -The operations of the Vigilantes were, at this time, especially, -planned with a judgment, and executed with a vigor that never has -been surpassed by any body, deliberative or executive. On the 15th -of January, 1864, a party of twenty-one men left Nevada, under the -command of a citizen whose name and actions remind us of lightning. He -was prompt, brave, irresistible, (so wisely did he lay his plans,) and -struck where least expected. - -The squadron rode to Big Hole, the first day, and, while on the road, -detached a patrole to Clarke’s Ranch, in pursuit of Steve Marshland, -who was wounded in the breast, when attacking Forbes’ train. His feet -had been badly frozen, and flight was impossible. Leaving the horses -behind, one of the party (No. 84) went in to arrest him, after knocking -four times without answer, and discovered him in company with a dog, -the two being the sole tenants of the Ranch. - -When the Vigilanter entered, he found all quite dark; but taking a -wisp of dried grass, he groped his way to the fire-place, and kindled -a light with a match. The blaze revealed Steve Marshland in bed. -“Hands up, if you please,” was the salute of his captor; and a pointed -suggestion from one of Col. Colt’s pacification agents, caused an -instant compliance with this demand. Seeing that he was sick, he was -asked what was the matter, and replied that he had the chills. This -novel “winter sickness” not being accepted as a sufficient excuse, a -further interrogatory elicited the fact that he had frozen his feet. -“No. 84” removed two double-barrelled shot-guns, a yager and another -rifle, from beside the bed, and asked him where he froze them. He said -he was prospecting at the head of Rattlesnake. “Did you raise the -‘color?’” said his interrogator. “No,” replied Marshland, “I could not -get to the bed-rock, for water.” The party commenced cooking supper, -and invited him to eat with them. He took a cup of coffee, and was -quite merry. After supper, he was informed by the leader of the nature -of the charge against him; viz: the robbery of Forbes’ train. He denied -having any wound, and slapped his breast, saying that it was “as sound -as a dollar.” Being asked if he had any objection to being examined, he -said he had not; but the moment his shirt was lifted, the fatal mark of -guilt was visible, in the shape of a recent bullet wound. - -The prisoner was told that the evidence was complete, and that he must -die. He then confessed, begging them to spare his life. He had matches -and tobacco in every pocket of his clothes. A pole was stuck into the -ground, and leaned over the corral; a box was placed for him to stand -on, and, all being ready, he once more begged them to save him, saying -“have mercy on me for my youth.” He died almost instantly. - -His feet being frozen and partially mortified, the scent attracted the -wolves, and the party had to watch both him and the horses. He was -buried close by. The patrole then started to overtake the main body, -and coming up with them about four miles above Evans’ Ranch, they -reported the execution of Marshland. They had been absent only one -night, leaving the command in the morning, and rejoining them the next -day. - -Up to this time, the scouting party had met no one, but marched in -double-file, at the rate of from sixty to seventy miles per day. They -kept double watch over the horses when camped, and lit no fires, being -fearful of attracting notice, and of thus defeating the object of their -journey. The men were divided into four messes, with a cook to each, -and every party carried its own “grub,” (the universal mountain word -for “food.”) Each man had a revolver, and some sported two. A shot-gun -or a rifle was also part of the equipment. The captain rode foremost. A -spy was dispatched to reconnoitre the town, and to meet the party at -Cottonwood Creek. He performed his part satisfactorily. - -When within about seventeen miles of Cottonwood, at Smith’s Ranch, on -Deer Lodge Creek, a halt was made about four P. M. After dark, they -started, and with perfect quiet and caution, rode to within a short -distance of the town. They found that the robbers were gone; but, -surrounding Bill Bunton’s saloon and dwelling house, they proceeded -to business. Bill was in his house, but he refused to open the door. -The three men detailed for his arrest said they wanted to see him. -For a long time he refused. At last, he told a man named Yank, and a -young boy, who was stopping with him, to open the door. The men made -him light a candle, before they would enter. This being done, Bunton’s -captors rushed in, and told him that he was their prisoner. He asked -them for what, and was told to come along, and that he would find out. - -A Vigilanter of small stature, but of great courage fastened upon him. -He found, however, that he had caught a Tartar, so another man “piled -on,” (Montanice,) and soon, his arms were fast tied behind him. A guard -was detailed to escort him down to Pete Martin’s house, the rest being -sent for to assist in taking Tex out of the saloon. - -A similar scene occurred here, when the robber came out. He was -instantly seized, pinioned, and taken down to keep company with his -friend, Bill Bunton. - -Pete Martin was frightened out of a years’ growth, when the Vigilanters -surrounded his house. He was playing cards with some friends, and for -a long time refused to come out; but finding that, as he said, “he -wasn’t charged with nothing,” he ascertained what was wanted, and -then returned to finish his game. As the exigencies of the times had -rendered a little hanging necessary in that neighborhood, he felt small -concern about the fate of Bunton and Tex, who were of a dangerous -religion. - -The party slept and breakfasted at the house. In the morning, a -stranger who was conversing with Bunton, to whom he was unknown, -informed the Vigilantes that the culprit had said that “he would ‘get’ -one of the ---- yet.” On being searched, a Derringer was found in his -vest pocket. As he had been carefully overhauled the night before, it -was evident that some sympathizer had furnished him with the weapon. -He refused to confess anything, even his complicity in the robbery of -the coach, where he played “pigeon.” Red had testified that he shared -the money. He also denied killing Jack Thomas’ cattle; but Red had -confessed that he himself was the butcher, and that he had been hired -by Bunton, who called him a coward, when he spoke about the skins lying -round the house, as being likely to be identified. - -There being no possible doubt of his criminality, the vote on his case -was taken with the uplifted hand, and resulted in a unanimous verdict -of guilty. - -The captain then told him that he was to be hanged, and that if he had -any business to attend to, he had better get some one to do it. He gave -his gold watch to his partner, Cooke, and his other property to pay his -debts. He had won his interest in the saloon some fourteen days before, -by gambling it from its owner. - -Tex was taken to another house, and was separately tried. After a -patient investigation, the robber was cleared--the evidence not being -sufficient to convict him. Had the Vigilantes held him in custody, -for a time, Tex would have experienced a difficulty in his breathing, -that would have proved quickly fatal; for testimony in abundance was -afterward obtained, proving conclusively that he was a highwayman and -common thief. He made all sail for Kootenai, and there boasted that he -would shoot any Vigilanter he could set eyes on. - -About two hundred and fifty feet to the left-front of Pete Martin’s -house, at the gate of Louis Demorest’s corral, there were two upright -posts, and a cross-beam, which looked quite natural, and appeared as if -they had been made for Bunton. - -The prisoner was taken out, and put up on a board supported by two -boxes. He was very particular about the exact situation of the knot, -and asked if he could not jump off, himself. Being told that he could, -if he wished, he said that he didn’t care for hanging, any more than -he did for taking a drink of water; but he should like to have his -neck broken. He seemed quite satisfied when his request was granted. -He continued to deny his guilt to the very last moment of his life, -repeating the pass-word of the gang “I am innocent.” Two men were -stationed at the board--one at each end--and, all being ready, he was -asked if he had anything to say, or any request to make. He said, “No; -all I want is a mountain three hundred feet high, to jump off.” He said -he would give the time--“one,” “two,” “three.” At the word “ready,” -the men stationed at the plank prepared to pull it from under him, -if he should fail to jump; but he gave the signal, as he promised, -and adding, “here goes it,” he leaped into the embrace of death. The -cessation of muscular contraction was almost instantaneous, and his -death was accompanied by scarcely a perceptible struggle. - -The corral keepers’ wife insisted, in terms more energetic than polite, -that her husband should get the poles cut down. With this request he -was forced to comply, as soon as the corpse of the Road Agent was -removed for burial. - -The parties knew that the robbers were to be found at Hell Gate, which -was so named, because it was the road which the Indians took when -on the war-path, and intent on scalping and other pleasant little -amusements, in the line of ravishing, plundering, fire-raising, etc., -for the exhibition of which genteel proclivities, the Eastern folks -recommend a national donation of blankets and supplies, to keep the -thing up. As independent and well educated robbers, however sedulously -reared to the business, from childhood, it must be admitted that, in -case anything is lacking, they at once proceed to supply the deficiency -from the pilgrims’ trains, and from settlers’ homesteads. If the -Indians were left to the Vigilantes of Montana, they would contract to -change their habits, at small cost; but an agency is too fat a thing -for pet employees, and, consequently a treaty is entered into, the only -substantial adjunct of which is the quantity of presents which the -Indians believe they have frightened out of the white men. Probably, in -a century or so, they will see that our view is correct. - -On their road from Cottonwood to Hell Gate, the troop was accompanied -by Jemmy Allen, towards whose Ranch they were directing their steps. -The weather was anything but pleasant for travelling, the quantity of -snow making it laborious work for the Vigilantes, and the cold was very -hard to endure, without shelter. At the crossing of Deer Lodge Creek, -the ice gave way, and broke through with the party. It was pitch dark -at the time, and much difficulty was experienced in getting out both -men and horses. One cavalier was nearly drowned; but a lariet being put -round the horses’ neck, it was safely dragged out. The rider scrambled -to the bank, somehow or other--memory furnishes the result only, not -the detail--and jumping on to the “animal,” he rode, on a keen run, to -the Ranch, which was some four or five miles ahead. - -The remainder of the cavalcade travelled on more leisurely, arriving -there about 11 P. M., and having recruited a little, they wrapped -themselves in blankets and slumber without delay. - -Next morning, in company with Charley Eaton, who was acquainted with -the country and with the folks around Hell Gate, they started for that -locality, and after riding fifteen or sixteen miles through snow, -varying in depth from two to three feet, they camped for the night. The -horses being used to foraging, pawed for their food. - -The next morning the party crossed the bridge, and rode to the -workmen’s quarters, on the Mullan Wagon Road, where, calling a halt, -they stopped all night. Accidents will happen in the best regulated -families, and in a winter scout in the wilds of Montana, casualties -must be expected as a matter of course. The best mountaineer is the man -who most quickly and effectually repairs damages, or finds a substitute -for the missing article. While driving the ponies into camp, one of -them put his foot into a hole and broke his leg. As there was no chance -to attend to him, he was at once shot. Another cayuse, by a similar -accident, stripped all the skin off his hind legs, from the hough down. -He was turned loose to await the return of the expedition. - -At daylight, the troop were in their saddles, and pushing as rapidly as -possible for the village. On arriving within six miles of the place, -the command halted on the bank of a small creek, till after dark, to -avoid being seen on the road. As soon as night threw her mantle over -the scene, they continued their journey, till within two hundred yards -of Hell Gate, and there, dismounting, they tied their horses. - -Their scout had gone ahead to reconnoitre, and, returning to the -rendezvous, he informed the captain of the exact position of affairs. -Coming through the town on a tight run, they mistook the houses; but, -discovering their error, they soon returned, and surrounding Skinner’s -saloon, the owner, who was standing at the door, was ordered to throw -up his hands. His woman (Nelly) did not appear to be pleased at the -command, and observed that they must have learned that from the Bannack -stage folks. - -Skinner was taken and bound immediately. Some of the men went for Aleck -Carter, who was in Miller’s, the next house. Dan. Harding opened the -door, and seeing Carter, said, “Aleck, is that you?” to which the Road -Agent promptly replied “yes.” The men leveled their pieces at him, and -the leader, going over to the lounge on which he was lying, rather -drunk, took his pistol from him and bound him, before he was thoroughly -aroused. When he came to himself, he said, “this is tight papers, ain’t -it, boys?” He then asked for a smoke, which being given to him, he -inquired for the news. On hearing of the hanging of the blood-stained -miscreants whose doom has been recorded in these pages, he said, “all -right; not an innocent man hung yet.” - -He was marched down, under guard, to Higgins’ store, where he and -Skinner were tried, the examination lasting about three hours. -Skinner’s woman came down, bent on interference in his behalf. The lady -was sent home with a guard, who found Johnny Cooper lying wounded in -the house. He had been shot in three places, by Carter, whom he had -accused of stealing his pistol. He was, of course, instantly secured. - -Some of the guard happening to remark that Johnny seemed to be -suffering “pretty bad,” the lady expressed a conviction, with much -force and directness, that “by ----, there were two outside suffering a ----- sight worse;” (meaning Skinner and Aleck Carter.) - -Cooper was one of the lieutenants of the gang. He was a splendid -horseman, and a man named President, who was present at his -apprehension, knew him well on the “other side.” He had murdered a man, -and being arrested, was on his way to the court, when he suddenly broke -from his captors, leaped with a bound on to a horse standing ready, and -was off like a bird. Though at least one hundred shots were sent after -him, he escaped uninjured, and got clear away. - -While Aleck Carter was on trial, he confessed that the two mules of -which Nicholas Tbalt was in charge, when shot by Ives, were at Irwin’s -Ranch, at Big Hole, and that he, Irwin and Ives had brought them -there. It will be remembered that, besides robbing the coach, Aleck -was accessory both before and after the fact of Tbalt’s murder. This -was proved. That he was a principal in its perpetration is more than -likely. He denied all participation in the murder, but confessed, -generally speaking, much in the same style as others had done. - -Skinner also refused to confess any of his crimes. “Dead men tell no -tales” was his verdict, when planning the murder of Magruder, and -he it was, who ingratiated himself into the favor of Page, Romaine -and others, and prompted them to the deed, so that Magruder thought -his murderers were his friends, and went on his last journey without -suspicion. He said he could have saved him, if he had liked; but he -added that he “would have seen him in ---- first.” He wouldn’t leave -himself open to the vengeance of the band. He was a hardened, merciless -and brutal fiend. - -The same night a detachment of eight men went in pursuit of Bob -Zachary, and coming up to Barney O’Keefe’s, that gentleman appeared -in the uniform of a Georgia major, minus the spurs and shirt collar, -and plus a flannel blouse. He mistook the party for Road Agents, and -appeared to think his time had come. He ejaculated, with visible -horror, “Don’t shoot, gentlemen; I’m Barney O’Keefe.” It is useless to -say that no harm was done to the “Baron,” as he is called. There are -worse men living in all countries than Barney, who is a good soul in -his own way, and hospitable in his nature. Finding that Bob Zachary -was inside, one of the party entered, and, as he sat up in bed, threw -himself upon him, and pushed him backwards. He had a pistol and a -knife. He was taken to Hell Gate shortly after his capture. The fate -of his friends was made known to him, and vouched for by a repetition -of the signs, grips, pass-words, etc. On seeing this, he turned pale; -but he never made any confession of guilt. He was the one of the stage -robbers who actually took the money from Southmayde. Like all the rest, -he repeated the pass-word of the gang, “I am innocent.” - -On the road back the guard had wormed out of Barney that a stranger was -stopping at Van Dorn’s, in the Bitter Root valley. “No. 84,” who was -leading the party who captured Shears, asked, “Does Van live here?” -“Yes,” said the man himself. “Is George Shears in your house?” asked -84. “Yes,” said Van. “Where is he?” “In the next room.” “Any objection -to our going in?” The man replied by opening the door of the room, -on which George became visible, knife in hand. He gave himself up -quietly, and seemed so utterly indifferent to death, that he perfectly -astonished his captors. Taking a walk with 84, he pointed out to him -the stolen horses in the corral, and confessed his guilt, as a man -would speak of the weather. He said, “I knew I should have to go up, -some time; but I thought I could run another season.” When informed -of his doom, he appeared perfectly satisfied. On being taken into the -barn, where a rope was thrown over a beam, he was asked to walk up a -ladder, to save trouble about procuring a drop. He at once complied, -addressing his captors in the following unique phraseology: “Gentlemen, -I am not used to this business, never having been hung before. Shall -I jump off or slide off?” Being told to jump off, he said “all right; -good-bye,” and leaped into the air, with as much sang froid as if -bathing. - -The drop was long and the rope tender. It slowly untwisted, and Shears -hung, finally, by a single strand. George’s parting question was, for a -long time, a by-word among the Vigilantes. - -A company of three, headed by the “old man,” started off to Fort -Owen, in the Bitter Root Valley, in pursuit of Whiskey Bill, (Bill -Graves, the coach robber.) This worthy was armed and on the look out -for his captors; but, it seems, he had become partially snow-blind by -long gazing. At all events, he did not see the party with sufficient -distinctness to ascertain who they were, until the “old man” jumped -from his horses and covered him with his revolver. He gave up, though -he had repeatedly sworn that he would shoot any ---- Vigilanter who -would come his way. His guilt was notorious throughout all the country, -and his capture was merely a preliminary to his execution. The men -took him away from the Fort, in deference to the prejudices of the -Indians, who would have felt no desire to live near where a man had -been hanged. Graves made no confession. He was what is called in the -mountains a “bull-head,” and was a sulky, dangerous savage. Being tied -up to a limb, the difficulty was to make a “drop;” but the ingenuity -of the leader was equal to the emergency. One of the men mounted -his horse; Graves was lifted up behind him, and, all being ready, -“Good-bye, Bill,” said the front horseman, driving his huge rowels into -the horse’s flanks, as he spoke. The animal made a plunging bound of -twelve feet, and Bill Graves swept from his seat by the fatal noose and -lariet, swung lifeless. His neck was broken by the shock. - -The different parties rendezvoused at Hell Gate, and a company of -eight men were dispatched to the Pen de’Oreille reserve, to get Johnny -Cooper’s horses, six or seven in number. They were poor in condition -and were nearly all sold to pay the debts which the Road Agent had -incurred in the country round about the village. The remainder were -brought to Nevada. It seems that Aleck Carter and Cooper were about to -start for Kootenai, on the previous day, and that their journey was -prevented only by their quarrel about the pistol, which Cooper charged -Aleck with stealing, and which resulted in the wounding of Cooper, -the delay of their journey, and, in fact, in their execution. A pack -animal, laden with their baggage and provisions, carried $130 worth -of goods. These were taken for the use of the expedition; but on a -representation made by Higgins that he had supplied them to Carter to -get rid of him, but that he had received nothing for them, they were -paid for, on the spot by the Vigilantes. - -There had been a reign of terror in Hell Gate. The robbers did as they -pleased, took what they chose. A Colt’s revolver was the instrument -ever ready to enforce the transfer. Brown, a Frenchman, living in the -neighborhood, stated to the Vigilantes, that he was glad to see them, -for that the robbers used to ride his stock whenever they pleased, and -that they always retained possession of such steeds as they especially -fancied. - -Cooper had determined to marry his daughter, a pretty half-breed girl, -and then, after getting all that he could lay hands on, he intended to -turn the old man adrift. He used to go to his intended father-in-law, -and inform him that he wanted another of those pretty pocket pieces, -($20 gold pieces,) and he always obtained what he asked; for death -would have been the instant penalty of refusal. Other parties had -supplied Cooper and Carter with money, pistols and whatever else they -asked, for the same potent and unanswerable reasons. Any demand for -payment was met by a threat to shoot the creditor. - -At the conclusion of the trials of Carter and Skinner, a vote was -taken by stepping to the opposite sides of the room; but the verdict -of guilty, and a judgment of death to the culprits, were unanimously -rendered. - -Cooper was tried separately, and interrogated by Mr. President -concerning his conduct on the “other side.” He denied the whole -thing; but this gentleman’s testimony, the confession of Red, and the -witness of the inhabitants rendered a conviction and sentence of death -inevitable. - -Carter and Skinner were taken to Higgins’ corral and executed by -torchlight, shortly after midnight. Two poles were planted, leaning -over the corral fence; to these the ropes were tied, and store-boxes -served for “drops.” - -On the road to the gallows, Cyrus Skinner broke suddenly from the -guard, and ran off, shouting, “shoot! shoot!” His captors were too old -hands to be thus baffled. They instantly secured him. He again tried -the trick, when on the box; but he was quickly put up and held there -till the rope was adjusted. This being finished, he was informed that -he could jump whenever he pleased. Aleck seemed ashamed of Skinner’s -attempt to escape, which the latter explained by saying that he “was -not born to be hanged”--a trifling error. - -While on the stand, one of the men asked Carter to confess his share -in the murder of the Dutchman; but he burst forth with a volley of -oaths, saying, “If I had my hands free, you ----, I’d make you take -that back.” As Skinner was talking by his side, Aleck was ordered to -keep quiet. “Well then, let’s have a smoke,” said he. His request being -granted, he became more pacific in demeanor. The criminals faces being -covered with handkerchiefs, they were launched into eternity, with -the pass-word of the gang on their lips, “I am innocent.” Both died -easily and at once. The people had, of their own accord, made all the -preparations for their burial. - -Immediately after the execution, the parties were detailed and -dispatched after Zachary, Graves and Shears. The death of the last two -has been recorded. - -The squad that arrested Zachary returned between seven and eight -o’clock, that morning. He was at once tried, found guilty, and -sentenced to death. By his direction, a letter was written to his -mother, in which he warned his brothers and sisters to avoid drinking -whiskey, card playing and bad company, which, he said, had brought him -to the gallows. Zachary once laid in wait for Pete Daly, and snapped -two caps at him; but, fortunately, the weapon would not go off. - -Being brought to the same spot as that on which Skinner and Carter were -hanged, he commenced praying to God to forgive the Vigilantes for what -they were doing, for it was a pretty good way to clear the country of -Road Agents. He died at once, without any apparent fear or pain. - -Johnny Cooper was hauled down on a sleigh, by hand, owing to his leg -being wounded, and was placed on the same box that Skinner had stood -upon. He asked for his pipe, saying he wanted a good smoke, and he -enjoyed it very much. A letter had been written to his parents, in York -State. Cooper dodged the noose for a time, but being told to keep his -head straight, he submitted. He died without a struggle. - -During the trial of the men, the people had made Cooper’s coffin, -and dug his grave, Zachary was buried by the Vigilantes. The other -malefactor, the citizens knew better, and hated worse. - -Skinner left all his property to Higgins, the store-keeper, from whom -he had received all his stock, on credit. Aleck had nothing but his -horse, his accoutrements and his appointments. - -Their dread mission of retribution being accomplished, the captain -ordered everything to be made ready for their long homeward march, and -in due time they arrived at Cottonwood, where they found that X had -settled everything relating to Bunton’s affairs. At Big Hole, they made -search for Irwin; but he had fled, and has never been taken. Tired and -worn, the command reached Nevada, and received the congratulations -and thanks of all good men. Like Joshua’s army, though they had been -rewarded with success, yet often in that journey over their cold and -trackless waste, the setting sun had seen them - - “Faint, yet pursuing.” - - - - -CHAPTER XXII. - -CAPTURE AND EXECUTION OF BILL HUNTER. - - “Round he throws his baleful eyes, - That witness naught but huge destruction and dismay.”--MILTON. - - -At the time of the execution of Boone Helm and his four confederates in -crime, Bill Hunter, as before narrated, managed to escape his pursuers -and, for a time, to baffle the vengeance of the Vigilantes, by hiding -among the rocks and brush by day, and then seeking food at night among -the scattered settlements in the vicinity of the Gallatin river. - -At the time of Barney Hughes’ stampede, the country in the neighborhood -became alive with men, and his whereabouts was discovered. Information -was received at Virginia that he was living as described about twenty -miles above the mouth of the Gallatin. A severe snow storm had driven -him to seek refuge in a cabin, near the place of his concealment, and -here he was overtaken and captured. - -A party of four resolute men volunteered for the work, and left -Virginia City with a good prospect of fine weather for the trip before -them. Crossing the Divide between the Stinkingwater and the Madison, -they forded the last named river with some difficulty, the huge cakes -of floating ice striking the horses’ flanks and threatening to carry -them down. Their camping ground was the frozen earth on its banks; -and having built a fire, they laid down to sleep with no shelter but -their blankets. Though the weather was intensely cold, the spirits of -the party never flagged, and they derived not a little amusement from -occurrences which, under other circumstances, would have been regarded -as anything but amusing incidents of travel. - -One of the Vigilantes, determined on securing a good share of heat, lay -with his head on the top of a hillock that sloped towards the fire, -and, as a natural consequence, gradually slid down, till he woke with -his feet in the hot embers. His position was changed with marvellous -rapidity, amid the laughter of his comrades. - -Another of the party had a pair of mammoth socks, into which he thrust -his feet loosely. As the sleeper began to feel the cold, he kept -pushing his feet into the socks, until he pushed himself out of bed, -and woke half frozen. He glanced, with a comic expression, at the cause -of his misfortunes, and taking a good warm at the fire, in a more -legitimate fashion, he crept back to bed. - -Early in the morning, the men rose from their slumbers; renewed their -fire, and while some cooked, others hunted up the stock. Soon all was -prepared, and dispatched with a mountaineers’ appetite; the horses were -saddled and they departed on their mission. The weather had changed -very much for the worse. At about ten o’clock a fierce snow storm, -driven by a furious wind, blew right in their faces; but as the tempest -was a most useful auxiliary towards the success of their enterprise, -they pushed on, hour after hour, and, at 2 P. M., reached the Milk -Ranch, about twenty miles from the place where they expected to find -their game. Here they stayed for supper, and engaged a guide who knew -the country well, and was acquainted with the locality of the robbers’ -city of refuge. Being warmed and refreshed, they started at a rapid -pace, which was continued until, at midnight, they drew bridle near a -lone cabin, into which they felt certain that the severity of the storm -had driven the object of their journey. - -Having halted and unsaddled, they rapped loudly at the door. When it -was opened, the gentleman who presented himself, took a view of the -party, which, with the guide and a gentleman who had joined them, -numbered six individuals. “Good evening,” was the salutation of the -travellers. Sleep, suspicion, and an uneven temper, probably, jointly -provoked the response, “Don’t know whether it is or not.” However, -at their request, he soon had a fire blazing on the hearth, which -the party thoroughly enjoyed, after their long ride. Before allowing -themselves to be thus, even temporarily, luxurious, they had carefully -inspected the premises and, as the lawyers say, all the appendages and -appurtenances thereunto belonging; when, having found that the only -practicable method of egress was by the door, a couple of them lay -down in such a manner, when they retired to rest, that any one trying -to escape must inevitably wake them. Six shot-guns constituted half a -dozen weighty arguments against forcible attempts at departure, and -the several minor and corroborative persuasions of a revolving class -completed a clear case of “stand off,” under all circumstances. - -A sentry was placed to see that nobody adopted the plan of -“evaporation” patented by Santa Claus, that is to say, by ascent of the -chimney. His duty, also was, to keep up a bright fire, and the room -being tenanted to its utmost capacity, all promised an uninterrupted -night’s slumber. - -A very cursory inspection of the interior of the premises had satisfied -the Vigilantes that the occupants of the cabin were three in number. Of -these, two were visible; but one remained covered up in bed, and never -stirred till the time of their departure in the morning. The curiosity -of the inmates being roused by the sudden advent of the travellers, -questions as to their names, residences, occupation and intentions -were freely propounded, and were answered with a view to “business” -exclusively. Before turning over to sleep, the party conversationally -descanted on mining, stampeding, prospecting, runs, panning-out, and -all the technical magazine of mining phrases was ransacked with a view -to throwing their hosts off the trail. In this they succeeded. All was -quiet during the night, and until a late hour in the morning. Every one -of the friends of justice had exchanged private signals by Vigilante -telegraph and were satisfied that all was right. - -Nothing was said about the real object of their visit, until the horses -were saddled for the apparent purpose of continuing the journey. Two -only went out at a time, and the mute eloquence of the shot-guns in the -corner was as effective in the morning as it had been at midnight. - -When all was ready, one of the party asked who was the unknown sleeper -that, at that late hour, had never waked or uncovered his face. The -host said that he did not know; but upon being asked, “when did he come -here?” he informed them that he had come at the beginning of the great -snow storm, and had been there two days. - -The man was requested to describe his person and appearance. He -complied at once, and in so doing, he gave a perfect picture of Bill -Hunter. - -With arms prepared for instant service, the Vigilantes approached the -bed, and the leader called out, “Bill Hunter!” The occupant of the -bed hastily drew the covering from his face, and wildly asked who was -there. His eyes were greeted with the sight of six well armed men, -whose determined countenances and stern looks told him only too truly -the nature of their errand. Had he been in doubt, however, this matter -would soon have been settled; for the six shot-guns leveled at his -head were answer enough to palsy the arm of grim despair himself. On -being asked if he had any arms, he said, “Yes, I have a revolver;” and -accordingly, he handed it from beneath the bed-clothes, where he had -held it, lying on his breast, ready cocked for use. The old Vigilanter -who made the inquiries, not being very soft or easily caught at a -disadvantage, took the precaution when approaching him, to lay his -hand on his breast, so that, had he been willing, he could have done -nothing; for his weapon was mastered while his hand was covered. He -was, of course, informed that he was a prisoner, upon hearing which he -at once asked to be taken to Virginia City. One of the men gave him to -understand that he would be taken there. He further inquired whether -there was any conveyance for him, and was told that there was a horse -for him to ride. - -He rose from his bed, ready dressed for the occasion except his -overcoat and hat, and mounted the horse prepared for him; but upon -preparing to take the rein, his motion was politely negatived, and the -bridle was handed to a horseman who held it as a leading bridle. He -looked suspiciously round, and appeared much perturbed when he saw a -footman following, for he at once guessed that it was his horse that he -was riding, and the incident seemed to be regarded by him in the light -of an omen foreboding a short journey for him. His conscience told him -that what was likely to be the end of his arrest. The real reason why -an evasive answer had been given to the prisoner, when he expressed a -wish to be taken to Virginia City, was that his captors were anxious to -leave the place without exciting suspicion of any intention to execute -Bill Hunter, in the neighborhood. - -The escort proceeded on their way homewards, for about two miles, and -halted at the foot of a tree which seemed as if it had been fashioned -by nature for a gallows. A horizontal limb at a convenient height was -there for the rope, and on the trunk was a spur like a belaying pin, -on which to fasten the end. Scraping away about a foot of snow, they -camped, lit a fire and prepared their breakfast. An onlooker would -never have conjectured for a moment, that anything of a serious nature -was likely to occur, and even Hunter seemed to have forgotten his -fears, laughing and chatting gaily with the rest. - -After breakfast, a consultation was held as to what should be done with -the Road Agent, and after hearing what was offered by the members of -the scouting party, individually, the leader put the matter to vote. -It was decided by the majority that the prisoner should not go to -Virginia; but that he should be executed then and there. The man who -had given Hunter to understand that he would be taken to Virginia, -voted for the carrying out of this part of the programme; but he was -overruled. - -The earnest manner of the Vigilantes, and his own sense of guilt, -overpowered Hunter; he turned deadly pale, and faintingly asked for -water. He knew, without being told that there was no hope for him. A -brief history of his crimes was related to him by one of the men, and -the necessity of the enforcement of the penalty was pointed out to -him. All was too true for denial. He merely requested that his friends -should know nothing of the manner of his death, and stated that he -had no property; but he hoped they would give him a decent burial. He -was told that every reasonable request would be granted; but that the -ground was too hard for them to attempt his interment without proper -implements. They promised that his friends should be made acquainted -with his execution, and that they would see to that. Soon after, he -shook hands with each of the company, and said that he did not blame -them for what they were about to do. - -His arms were pinioned at the elbows; the fatal noose was placed round -his neck, and the end of the rope being thrown over the limb, the men -took hold and with a quick, strong pull, ran him up off his feet. -He died almost without a struggle; but, strange to say, he reached -as if for his pistol, and went through the pantomime of cocking and -discharging his revolver six times. This is no effort of fancy. Every -one present saw it, and was equally convinced of the fact. It was a -singular instance of “the ruling passion, strong in death.” - -The place of the execution was a lone tree, in full view of the -travellers on the trail, about twenty miles above the mouth of the -Gallatin. The corpse of the malefactor was left hanging from the limb, -and the little knot of horsemen was soon but a speck in the distance. -The purpose of the Barney Hughes stampede had been accomplished. So -secretly had everything been managed that one of their four who started -from Virginia did not know either the real destination of the party, -or the errand of the other three. He was found to be sound on the Road -Agent question; and, instead of being dismissed he rode on as one of -the party. - -It seemed as if fate had decreed the death of Bill Hunter. He was a man -of dauntless courage, and would have faced a hundred men to the last, -being a perfect desperado when roused, though ordinarily peaceful in -demeanor. At his capture he was as weak as a child, and had scarcely -strength to ask for what he wanted. - -The only remarkable circumstance attending the return journey was the -inconvenience and pain caused by the reflection of the sun’s rays -from the snow. It produced temporary blindness, and was only relieved -by blacking their faces. Riding late at night, one of the horsemen -dismounted, with a view of easing his steed, which was tired with the -long march, and walked some distance by his side. On getting again into -the saddle, he accidentally discharged his gun, which was slung muzzle -down, by his side. The charge passed down the leg of his boot, between -the counter and the lining, lodging an ounce ball and six buckshot, in -the heel. All started at the sudden flash and report. The man himself -believed that his foot was shot to pieces, and they spurred forward -at hot speed, for the next Ranch, where an examination revealed the -above state of facts, much to the consolation of the excited mind of -the owner of the boot. He was wounded only in spirit, and reached home -safely. - -One of the Vigilantes “bagged” a relic. He had promised to bring -back a token of having seen Bill Hunter, either dead or alive, and, -accordingly, while talking to him at the fire, he managed to detach a -button from his coat, which he fetched home as he had promised. - -Some days after, men who were hauling wood discovered the body, and -determined to give it burial. It was necessary to get the corpse over -a snow drift; so they tied a rope to the heels and essayed to drag -it up; but finding that this was the wrong way of the grain, as they -said, they replaced the noose round the neck, and thus having pulled -him over, they finally consigned to mother earth THE LAST OF HENRY -PLUMMER’S BAND. - -Bill Hunter was, we have said the last of the old Road Agent band that -met death at the hands of the Committee. He was executed on the 3d of -February, 1864. There was now no openly organized force of robbers in -the Territory, and the future acts of the Committee were confined to -taking measures for the maintenance of the public tranquility and the -punishment of those guilty of murder, robbery and other high crimes -and misdemeanors against the welfare of the inhabitants of Montana. - -On looking back at the dreadful state of society which necessitated the -organization of the Vigilantes, and on reading these pages, many will -learn for the first time the deep debt of gratitude which they owe to -that just and equitable body of self-denying and gallant men. It was a -dreadful and a disgusting duty that devolved upon them; but it was a -duty, and they did it. Far less worthy actions have been rewarded by -the thanks of Congress, and medals glitter on many a bosom, whose owner -won them, lying flat behind a hillock, out of range of the enemy’s -fire. The Vigilantes, for the sake of their country encountered popular -dislike, the envenomed hatred of the bad, and the cold toleration of -some of the unwise good. Their lives they held in their hands. “All’s -well that ends well.” Montana is saved, and they saved it, earning the -blessings of future generations, whether they receive them or not. Our -next chapter will record the execution of the renowned Capt. J. A. -Slade, of whom more good and evil stories have been told than would -make a biography for the seven champions of Christendom, and concerning -whose life and character there have been more contradictory opinions -expressed, than have been uttered for or against any other individual -that has figured in the annals of the Rocky Mountains. - - - - -CHAPTER XXIII. - -THE ARREST AND EXECUTION OF CAPTAIN J. A. SLADE WITH A SHORT ACCOUNT OF -HIS PREVIOUS CAREER. - - Some write him hero, some a very knave; - Curses and tears are mingled at his grave.--ANON. - - -J. A. Slade, or, as he was often called, Captain Slade, was raised -in Clinton County, Ill., and was a member of a highly respectable -family. He bore a good character for several years in that place. The -acts which have given so wide a celebrity to his name, were performed -especially on the Overland Line, of which he was, for years, an -official. Reference to these matters will be made in a subsequent part -of this chapter. - -Captain J. A. Slade came to Virginia City in the Spring of 1863. He was -a man gifted with the power of making money, and, when free from the -influence of alcoholic stimulants, which seemed to reverse his nature, -and to change a kind hearted and intelligent gentleman into a reckless -demon, no man in the Territory had a greater faculty of attracting -the favorable notice of even strangers, and in spite of the wild -lawlessness which characterized his frequent spells of intoxication, he -had many, very many friends whom no commission of crime itself could -detach from his personal companionship. Another, and less desirable -class of friends were attracted by his very recklessness. There are -probably a thousand individuals in the West possessing a correct -knowledge of the leading incidents of a career that terminated at the -gallows, who still speak of Slade as a perfect gentleman, and who not -only lament his death, but talk in the highest terms of his character, -and pronounce his execution a murder. One way of accounting for the -diversity of opinion regarding Slade is sufficiently obvious. Those -who saw him in his natural state only, would pronounce him to be a -kind husband, a most hospitable host and a courteous gentleman. On the -contrary, those who met him when maddened with liquor and surrounded by -a gang of armed roughs, would pronounce him a fiend incarnate. - -During the summer of 1863, he went to Milk River as a freighter. -For this business he was eminently qualified, and he made a great -deal of money. Unfortunately his habit of profuse expenditure was -uncontrollable, and at the time of his execution he was deeply in debt -almost everywhere. - -After the execution of the five men, on the 14th of January, the -Vigilantes considered that their work was nearly ended. They had freed -the country from highwaymen and murderers to a great extent, and they -determined that, in the absence of the regular civil authority, they -would establish a People’s Court, where all offenders should be tried -by Judge and Jury. This was the nearest approach to social order -that the circumstances permitted, and, though strict legal authority -was wanting, yet the people were firmly determined to maintain its -efficiency, and to enforce its decrees. It may here be mentioned that -the overt act which was the last round on the fatal ladder leading -to the scaffold on which Slade perished, was the tearing in pieces -and stamping upon a writ of this court, followed by the arrest of the -Judge, Alex. Davis by authority of a presented Derringer, and with his -own hands. - -J. A. Slade was himself, we have been informed, a Vigilanter; he openly -boasted of it, and said he knew all that they knew. He was never -accused, or even suspected of either murder or robbery, committed in -this Territory, (the latter crimes were never laid to his charge, in -any place;) but that he had killed several men in other localities, was -notorious, and his bad reputation in this respect was a most powerful -argument in determining his fate, when he was finally arrested for -the offense above mentioned. On returning from Milk River he became -more and more addicted to drinking; until at last, it was a common -feat for him and his friends to “take the town.” He and a couple of -his dependants might often be seen on one horse, galloping through the -streets, shouting and yelling, firing revolvers, etc. On many occasions -he would ride his horse into stores; break up bars; toss the scales -out of doors, and use most insulting language to parties present. Just -previous to the day of his arrest, he had given a fearful beating to -one of his followers; but such was his influence over them that the -man wept bitterly at the gallows, and begged for his life with all -his power. It had become quite common, when Slade was on a spree, for -the shop-keepers and citizens to close the stores and put out all -the lights; being fearful of some outrage at his hands. One store in -Nevada he never ventured to enter--that of the Lott brothers--as they -had taken care to let him know that any attempt of the kind would be -followed by his sudden death, and, though he often rode down there, -threatening to break in and raise ----, yet he never attempted to carry -his threat into execution. For his wanton destruction of goods and -furniture, he was always ready to pay, when sober if he had money; but -there were not a few who regarded payment as small satisfaction for the -outrage, and these men were his personal enemies. - -From time to time, Slade received warnings from men that he well knew -would not deceive him, of the certain end of his conduct. There was not -a moment, for weeks previous to his arrest, in which the public did not -expect to hear of some bloody outrage. The dread of his very name, and -the presence of the armed band of hangers-on, who followed him alone -prevented a resistance, which must certainly have ended in the instant -murder or mutilation of the opposing party. - -Slade was frequently arrested by order of the court whose organization -we have described, and had treated it with respect by paying one or -two fines, and promising to pay the rest when he had money; but in the -transaction that occurred at this crisis, he forgot even this caution, -and goaded by passion and the hatred of restraint, he sprang into the -embrace of death. - -Slade had been drunk and “cutting up” all night. He and his companions -had made the town a perfect hell. In the morning, J. M. Fox, the -Sheriff, met him, arrested him, took him into court, and commenced -reading a warrant that he had for his arrest, by way of arraignment. -He became uncontrollably furious, and seizing the writ, he tore it -up, threw it on the ground and stamped upon it. The clicking of the -locks of his companions’ revolvers was instantly heard and a crisis -was expected. The Sheriff did not attempt his capture; but being at -least as prudent as he was valiant, he succumbed, leaving Slade the -master of the situation and the conqueror and ruler of the courts, law -and law-makers. This was a declaration of war, and was so accepted. -The Vigilance Committee now felt that the question of social order -and the preponderance of the law abiding citizens had then and there -to be decided. They knew the character of Slade, and they were well -aware that they must submit to his rule without murmur, or else that -he must be dealt with in such fashion as would prevent his being able -to wreak his vengeance on the Committee, who could never have hoped -to live in the Territory secure from outrage or death, and who could -never leave it without encountering his friends, whom his victory would -have emboldened and stimulated to a pitch that would have rendered them -reckless of consequences. The day previous, he had ridden into Dorris’ -store, and on being requested to leave, he drew his revolver and -threatened to kill the gentleman who spoke to him. Another saloon he -had led his horse into, and buying a bottle of wine, he tried to make -the animal drink it. This was not considered an uncommon performance, -as he had often entered saloons, and commenced firing at the lamps, -causing a wild stampede. - -A leading member of the committee met Slade, and informed him in the -quiet earnest manner of one who feels the importance of what he is -saying: “Slade, get your horse at once, and go home, or there will be ----- to pay.” Slade started and took a long look with his dark and -piercing eyes, at the gentleman--“what do you mean?” said he. “You -have no right to ask me what I mean,” was the quiet reply, “get your -horse at once, and remember what I tell you.” After a short pause -he promised to do so, and actually got into the saddle; but, being -still intoxicated, he began calling aloud to one after another of his -friends, and, at last seemed to have forgotten the warning he had -received and became again uproarious, shouting the name of a well known -prostitute in company with those of two men whom he considered heads of -the Committee, as a sort of challenge; perhaps, however as a simple act -of bravado. It seems probable that the intimation of personal danger -he had received had not been forgotten entirely; though fatally for -him, he took a foolish way of showing his remembrance of it. He sought -out Alexander Davis, the Judge of the Court, and drawing a cocked -Derringer, he presented it at his head, and told him that he should -hold him as a hostage for his own safety. As the Judge stood perfectly -quiet, and offered no resistance to his captor, no further outrage -followed on this score. Previous to this, on account of the critical -state of affairs, the Committee had met, and at last resolved to arrest -him. His execution had not been agreed upon, and, at that time, would -have been negatived, most assuredly. A messenger rode down to Nevada -to inform the leading men of what was on hand, as it was desirable to -show that there was a feeling of unanimity on the subject, all along -the gulch. - -The miners turned out almost en masse, leaving their work and forming -in solid column, about six hundred strong, armed to the teeth, they -marched up to Virginia. The leader of the body well knew the temper -of his men, on the subject. He spurred on ahead of them, and hastily -calling a meeting of the Executive, he told them plainly that the -miners meant “business,” and that, if they came up, they would not -stand in the street to be shot down by Slade’s friends; but that they -would take him and hang him. The meeting was small, as the Virginia men -were loath to act at all. This momentous announcement of the feeling -of the Lower Town was made to a cluster of men, who were deliberating -behind a wagon, at the rear of a store on Main street, where the -Ohlinghouse stone building now stands. - -The Committee were most unwilling to proceed to extremities. All the -duty they had ever performed seemed as nothing to the task before them; -but they had to decide, and that quickly. It was finally agreed that -if the whole body of the miners were of the opinion that he should -be hanged, that the Committee left it in their hands to deal with -him. Off, at hot speed, rode the leader of the Nevada men to join his -command. - -Slade had found out what was intended, and the news sobered him -instantly. He went into P. S. Pfout’s store, where Davis was, and -apologized for his conduct, saying that he would take it all back. - -The head of the column now wheeled into Wallace street and marched up -at quick time. Halting in front of the store, the executive officer -of the Committee stepped forward and arrested Slade, who was at once -informed of his doom, and inquiry was made as to whether he had any -business to settle. Several parties spoke to him on the subject; but -to all such inquiries he turned a deaf ear, being entirely absorbed in -the terrifying reflections on his own awful position. He never ceased -his entreaties for life, and to see his dear wife. The unfortunate lady -referred to, between whom and Slade there existed a warm affection, -was at this time living at their Ranch on the Madison. She was -possessed of considerable personal attractions; tall, well-formed, of -graceful carriage, pleasing manners, and was, withal, an accomplished -horse-woman. - -A messenger from Slade rode at full speed to inform her of her -husband’s arrest. In an instant she was in the saddle, and with all the -energy that love and despair could lend to an ardent temperament and a -strong physique, she urged her fleet charger over the twelve miles of -rough and rocky ground that intervened between her and the object of -her passionate devotion. - -Meanwhile a party of volunteers had made the necessary preparations -for the execution, in the valley traversed by the branch. Beneath the -site of Pfouts and Russell’s stone building there was a corral, the -gate-posts of which were strong and high. Across the top was laid a -beam, to which the rope was fastened, and a dry-goods box served for -the platform. To this place Slade was marched, surrounded by a guard, -composing the best armed and most numerous force that has ever appeared -in Montana Territory. - -The doomed man had so exhausted himself by tears, prayers and -lamentations, that he had scarcely strength left to stand under the -fatal beam. He repeatedly exclaimed, “my God! my God! must I die? Oh, -my dear wife!” - -On the return of the fatigue party, they encountered some friends of -Slade, staunch and reliable citizens and members of the Committee, -but who were personally attached to the condemned. On hearing of his -sentence, one of them, a stout-hearted man, pulled out his handkerchief -and walked away, weeping like a child. Slade still begged to see his -wife, most piteously, and it seemed hard to deny his request; but the -bloody consequences that were sure to follow the inevitable attempt -at a rescue, that her presence and entreaties would have certainly -incited, forbade the granting of his request. Several gentlemen -were sent for to see him, in his last moments, one of whom, (Judge -Davis) made a short address to the people; but in such low tones as -to be inaudible, save to a few in his immediate vicinity. One of his -friends, after exhausting his powers of entreaty, threw off his coat -and declared that the prisoner could not be hanged until he himself -was killed. A hundred guns were instantly leveled at him; whereupon he -turned and fled; but, being brought back, he was compelled to resume -his coat, and to give a promise of future peaceable demeanor. - -Scarcely a leading man in Virginia could be found, though numbers of -the citizens joined the ranks of the guard when the arrest was made. -All lamented the stern necessity which dictated the execution. - -Everything being ready, the command was given, “Men, do your duty,” and -the box being instantly slipped from beneath his feet, he died almost -instantaneously. - -The body was cut down and carried to the Virginia Hotel, where, in -a darkened room, it was scarcely laid out, when the unfortunate -and bereaved companion of the deceased arrived, at headlong speed, -to find that all was over, and that she was a widow. Her grief and -heart-piercing cries were terrible evidences of the depth of her -attachment for her lost husband, and a considerable period elapsed -before she could regain the command of her excited feelings. - -J. A. Slade was, during his connection with the Overland Stage Company, -frequently involved in quarrels which terminated fatally for his -antagonists. The first and most memorable of these was his encounter -with Jules, a station-keeper at Julesburg, on the Platte River. Between -the inhabitants, the emigrants and the stage people, there was a -constant feud, arising from quarrels about missing stock, alleged to -have been stolen by the settlers, which constantly resulted in personal -difficulties such as beating, shooting, stabbing, etc., and it was from -this cause that Slade became involved in a transaction which has become -inseparably associated with his name, and which has given a coloring -and tone to all descriptions of him, from the date of the occurrence to -the present day. - -There have been so many versions of the affair, all of them differing -more or less in important particulars, that it has seemed impossible to -get at the exact truth; but the following account may be relied on as -substantially correct: - -From over-landers and dwellers on the road, we learn that Jules was -himself a lawless and tyrannical man, taking such liberties with the -coach stock and carrying matters with so high a hand that the company -determined on giving the agency of the division to J. A. Slade. In a -business point of view, they were correct in their selection. The coach -went through at all hazards. It is not to be supposed that Jules would -submit to the authority of a new comer, or, indeed, of any man that -he could intimidate; and a very limited intercourse was sufficient -to increase the mutual dislike of the parties, so far as to occasion -an open rupture and bloodshed. Slade, it is said, had employed a man -discharged by Jules, which irritated the latter considerably; but the -overt act that brought matters to a crisis was the recovery by Slade -of a team “sequestrated” by Jules. Some state that there had been -a previous altercation between the two; but, whether this be true -or not, it appears certain that on the arrival of the coach, with -Slade as a passenger, Jules determined to arrest the team, then and -there; and that, finding Slade was equally determined on putting them -through, a few expletives were exchanged, and Jules fired his gun, -loaded with buck-shot, at Slade, who was unarmed at the time, wounding -him severely. At his death, Slade carried several of these shot in -his body. Slade went down the road, till he recovered of his wound. -Jules left the place, and in his travels never failed to let everybody -know that he would kill Slade, who, on his part, was not backward in -reciprocating such promises. At last, Slade got well; and, shortly -after, was informed that his enemy had been “corralled by the boys,” -whereupon he went to the place designated, and, tying him fast, shot -him to death by degrees. He also cut off his ears, and carried them in -his vest pocket for a long time. - -One man declares that Slade went up to the ranch where he had heard -that Jules was and, “getting the drop on him,” that is to say, covering -him with his pistol before he was ready to defend himself, he said, -“Jules, I am going to kill you;” to which the other replied, “Well, I -suppose I am gone up; you’ve got me now;” and that Slade immediately -opened fire and killed him with his revolver. - -The first story is the one almost universally believed in the West, and -the act is considered entirely justifiable by the wild Indian fighters -of the frontier. Had he simply killed Jules, he would have been -justified by the accepted western law of retaliation. The prolonged -agony and mutilation of his enemy, however, admit of no excuse. - -While on the road, Slade ruled supreme. He would ride down to a -station, get into a quarrel, turn the house out of windows, and -maltreat the occupants most cruelly. The unfortunates had no means of -redress, and were compelled to recuperate as best they could. On one of -these occasions, it is said, he killed the father of the fine little -half-breed boy, Jemmy, whom he adopted, and who lived with his widow -after his execution. He was a gentle, well-behaved child, remarkable -for his beautiful, soft black eyes, and for his polite address. - -Sometimes Slade acted as a lyncher. On one occasion, some emigrants -had their stock either lost or stolen, and told Slade, who happened to -visit their camp. He rode, with a single companion, to a ranch, the -owners of which he suspected, and opening the door, commenced firing at -them, killing three and wounding the fourth. - -As for minor quarrels and shootings, it is absolutely certain that -a minute history of Slade’s life would be one long record of such -practices. He was feared a great deal more, generally, than the -Almighty, from Kearney, West. There was, it seems, something in his -bold recklessness, lavish generosity, and firm attachment to his -friends, whose quarrel he would back, everywhere and at any time, that -endeared him to the wild denizens of the prairie, and this personal -attachment it is that has cast a veil over his faults, so dark that his -friends could never see his real character, or believe their idol to be -a blood-stained desperado. - -Stories of his hanging men, and of innumerable assaults, shootings, -stabbings and beatings, in which he was a principal actor, form part -of the legends of the stage line; nevertheless, such is the veneration -still cherished for him by many of the old stagers, that any insult -offered to his memory would be fearfully and quickly avenged. Whatever -he did to others, he was their friend, they say; and so they will say -and feel till the tomb closes over the last of his old friends and -comrades of the Overland. - -It should be stated that Slade was, at the time of his coming West, a -fugitive from justice in Illinois, where he killed a man with whom he -had been quarreling. Finding his antagonist to be more than his match, -he ran away from him, and, in his flight, picking up a stone, he threw -it with such deadly aim and violence that it penetrated the skull of -his pursuer, over the eye, and killed him. Johnson, the Sheriff, who -pursued him for nearly four hundred miles, was in Virginia City not -long since, as we have been informed by persons who knew him well. - -Such was Captain J. A. Slade, the idol of his followers, the terror of -his enemies and of all that were not within the charmed circle of his -dependents. In him, generosity and destructiveness, brutal lawlessness -and courteous kindness, firm friendship and volcanic outbreaks of fury, -were so mingled that he seems like one born out of date. He should have -lived in feudal times, and have been the comrade of the Front de Bœufs, -de Lacys, and Bois Guilberts, of days almost forgotten. In modern -times, he stands nearly alone. - -The execution of Slade had a most wonderful effect upon society. -Henceforth, all knew that no one man could domineer or rule over the -community. Reason and civilization then drove brute force from Montana. - -One of his principal friends wisely absconded, and so escaped sharing -his fate, which would have been a thing almost certain had he remained. - -It has often been asked why Slade’s friends were permitted to go scot -free, seeing that they accompanied him in all his “raids,” and both -shared and defended his wild and lawless exploits. The answer is very -simple. The Vigilantes deplored the sad, but imperative necessity for -the making of one example. That, they knew, would be sufficient. They -were right in their judgment, and immovable in their purpose. Could it -but be made known how many lives were at their mercy, society would -wonder at the moderation that ruled in their counsels. Necessity was -the arbiter of these men’s fate. When the stern Goddess spoke not, the -doom was unpronounced, and the criminal remained at large. They acted -for the public good, and when examples were made, it was because the -safety of the community demanded a warning to the lawless and the -desperate, that might neither be despised nor soon forgotten. - -The execution of the Road Agents of Plummer’s gang was the result of -the popular verdict and judgment against robbers and murderers. The -death of Slade was the protest of society on behalf of social order and -the rights of man. - - - - -CHAPTER XXIV. - -THE EXECUTION OF JAMES BRADY, FOR SHOOTING MURPHY, AT NEVADA. - - “Murder most foul and most unnatural.”--SHAKSPEARE. - - -Early in the summer of 1864, the Committee were called upon to visit -the stern retribution due to those who wantonly and maliciously attempt -to assassinate a fellow-creature, upon James Brady, a resident of the -Lower-Town, more generally known as Nevada City. The case was clear, -so far as the moral guilt of the accused was concerned, as will fully -appear from the subjoined account of the transaction; but there are -not a few who measure the extent of guilt by its consequences, and -refuse to examine the act itself, on its own merits. Now, we have -always held that a man who fires at another, deliberately and with -malice prepense, inflicting upon him a wound of any kind, is as much -a murderer as if the shot had proved instantly fatal. The other -judgment of the case depends upon the relative goodness or badness -of ammunition, the efficiency of the weapon, and the expertness of -the marksman. Hence, to hit the mark is murder; but to aim at it, -and make rather a wide shot, is manslaughter only. If a ball glances -on a man’s ribs, it is manslaughter; if it goes between them, it is -murder. This line of argument may satisfy some people; and that it -does do so, we know; at the same time, it is not a doctrine that we -can endorse, being fully convinced of its utter want of foundation, -in right reason or common sense. Murphy, the victim of Brady’s shot, -was believed to be dying; the physicians declared he could not live -many hours, and for this crime Brady was executed. Some kind-hearted, -but weak-headed individuals think that the murderer ought to have been -spared, because Murphy had a strong constitution, and contrary to all -expectations, recovered; but what the state of a man’s health has to -do with the crime of the villain who shoots him, will to us, forever -remain an enigma as difficult as the unraveling of the Gordian knot. -The proper course, in such cases, seems to be, not the untying of the -knot aforesaid, but the casting on of another, in the shape of a Road -Agent’s neck-tie. - -At about 11 P. M., the stillness of the summer’s night that had closed -in upon the citizens of Nevada, was broken by two pistol shots fired -in rapid succession. The executive officer of the Committee heard the -reports, as he was retiring to bed; but the sounds were too familiar -to a mountaineer to attract any special attention, and he laid down at -once, to sleep. In a few moments, however, he was startled from his -quick coming slumber by the sudden entrance of a friend who told him to -get up, for there was a man shot. Hastily dressing himself, he found -that an individual named Jem Kelly was a prisoner on the charge of -being an accomplice in the deed. Who had fired the shots was not known, -the man having run off with all speed, before he could be arrested. A -guard of two Vigilantes was left in charge of Kelly and the officer -went quickly to Brady’s saloon, where he first heard, from bystanders, -that they thought Brady himself was the criminal, but that he had -escaped. The wounded man confirmed this statement, and an examination -of the premises showed a bullet-hole in the window through which the -assassin had fired. The second shot had been fired from the door-step. - -A detail of twelve men were ordered to search the town, for Brady, -while the captain and three others started for Virginia City, with the -intention of capturing him if he could be found there, or on the road -thither. On arriving at Central City, they ascertained from a citizen -whom they met on the street, that a man dressed in black clothes, -and otherwise answering the description of the fugitive, had passed -through, and that he was apparently intoxicated. They went on to -Virginia, and on arriving there, just about midnight, they found that -the only house in which a light appeared was the Beaverhead saloon, at -the corner of Idaho and Jackson streets, now John How & Co.’s store. - -One of the party knew Brady personally, and on entering he at once -recognized him in the act of drinking with another man at the bar. The -captain stepped up and asked, “Is your name Brady?” “Yes,” said he. -“Then you are my prisoner,” answered the captain. On his inquiring -what was the charge against him, he was told that he was arrested for -the murder of Murphy. The prisoner immediately started off on a loud -harangue, but was stopped by the captain, who told him to keep quiet, -and added, “You will have a fair trial in the morning.” - -Brady was taken down to Nevada by his captors, and confronted with his -victim, who was lying in his own house. “Murphy,” said the captain, -“is this the man that shot you?” The wounded man fixed his gaze on the -prisoner, and replied faintly, “It is.” The guard then took Brady and -marched him down town, to the house where Kelly was confined. The two -men were given into the custody of a strong and well armed party, for -the night. The death of Murphy was hourly expected by the attendant -surgeons, and all around him. - -In the morning, Brady was taken before the Committee, who sat in the -Adelphi Hall, whither they had been convened for that purpose. About -fifty members were present and the charge against the prisoner was -thoroughly investigated. The trial commenced about 11 A. M. - -Meanwhile, Kelly had confessed that he had kept bar for Brady, on that -day, and that he knew that there was an old quarrel, and consequently -ill-feeling existed between Brady and Murphy. The commencement of -this feud dated back as far as the preceding summer. This much of his -testimony was correct and truthful, and was corroborated by other -witnesses. He then went on to swear that he had nothing to do with -the murder himself; that the first thing he knew about the affray was -the firing of a shot through the window, followed by the discharge of -another into the door-step, and before he could see who it was that -had done the deed, the man had run away. - -Brady, at first, pretended that he had shot the wrong man by mistake; -but he admitted, at his trial that he had really aimed and fired the -(supposed) fatal shot. He said that had he been sober, he would not -have committed the rash act, and he added, that after shooting, he went -next door to his cabin, and sat there for about five minutes; that he -then became uneasy, and started for Virginia, flinging his pistol away -into the gulch, on his road up. The pistol was found and produced at -the trial. - -The evidence produced was so entirely conclusive as to admit of no -doubt. The offense was deliberate and cold-blooded murder, so far as -the prisoner was concerned, and he believed the same till the moment of -his execution. Sentence of death by hanging was pronounced. - -With regard to Kelly, the evidence adduced at the trial had led to -some new developments concerning his share in the transaction. It was -positively sworn that he had handed the pistol to Brady, across the -bar; and that the understanding was that he was to take the assassin’s -place, inside the saloon, leaving him free to act on the outside; -that, on receiving the pistol, Brady went out with it under his coat, -and going into his cabin, he remained there for a few minutes, and -then, walking to the window he fired, with deliberate aim, through the -window, without previous words, or warning of his intention. - -Kelly was sentenced to receive fifty lashes on the bare back, which -punishment he duly received, after the execution. - -The prisoner (Brady,) sent for W. Y. Pemberton, now practising law at -Helena, and requested him to settle his worldly affairs, in legal form. -Accordingly, that gentleman drew his will, and the necessary deeds for -the disposal of his property, after which he said that he must have a -letter written to his daughter. He commenced to dictate it, but the -language of the epistle reminded him so forcibly of his own wretched -condition, that he was unable to proceed, and covering his face with -his hands, he ran to his bed, exclaiming, “Oh! my God! finish it -yourself.” The writer furnishes the following note of the letter: - - “MY DEAR DAUGHTER: You will never see me again. In an evil hour, - being under the control and influence of whiskey, I tried to take - the life of my fellow-man. I tried to shoot him through a window. He - will in all probability die--and that, at my hands. I cannot say that - I should not suffer the penalty affixed to the violation of law. I - have been arrested, tried and sentenced to be hanged by the Vigilance - Committee. In one short hour I will have gone to eternity. It is an - awful thought; but it is my own fault. By the love I feel for you, in - this, my dying hour, I entreat you to be a good girl. Walk in the ways - of the Lord. Keep Heaven, God and the interest of your soul, before - your eyes. I commend and commit you to the keeping of God. Pray for my - soul. Farewell, forever. - - Your father, JAMES BRADY.” - - -At four o’clock P. M., he was marched from his place of confinement to -the gallows, escorted by a guard of two hundred men, fully armed. At -least five thousand persons were present at the execution. The gallows -was about half a mile east of Nevada, and to save time and expense, a -butchers hoist was used for the purpose, a box and plank being rigged -for a drop. When the rope had been adjusted, and the fatal preparations -were all completed, he was asked if he wished to say anything to the -people. He addressed the crowd, telling them that it was the first -action of the kind that he had done; that he was intoxicated and -insane; that he hoped his execution would be a warning to others, and -that God would have mercy on his soul. The trap fell, and James Brady -ceased to exist. After hanging for half an hour, the corpse was cut -down and given to the friends of the deceased for burial. - -Jem Kelly was present at the execution of his friend, and when all -was over, he was marched by the guard, down to an unfinished house in -Nevada. Here a halt was called, and the necessary arrangements for -the whipping were quickly made. Being asked to take off his shirt, he -said, “---- the shirt, leave it on;” but on being told that it would -be spoiled, he removed it. The culprit’s hands were now tied together, -and made fast to a beam overhead; after which five men inflicted the -punishment, each giving ten lashes with a raw-hide. Kelly showed no -fortitude whatever, roaring and screaming at every lash of the hide. -At the termination of the flogging, he remarked, “Boys, if I hadn’t -been so fat, I should have died sure.” Nevada was no home for this -low-minded villain, who left with all speed; and resuming the career -most congenial to a man as fond as he was, of gold without labor, and -horses without purchase, he came to the same end as his companion, -Brady; but there was this difference between them--Kelly was a thief -and murderer by trade; Brady was an honest man, and had never before -ventured into the path of crime. Many felt sorry for his fate; but the -old miners who heard of Kelly’s execution, shrugged their shoulders -and muttered, “Served him right; he ought to have gone up long ago; -I don’t believe in whipping and banishing; if a fellow ain’t fit -to live here, he ain’t fit to live nowhere by thunder--that’s so, -you bet your life,” etc., etc., which terse and technical series of -interjectional syllogisms contain more good practical common sense -than many a calf-bound folio, embodying the result of the labors of -many a charter-granting, plunder-seeking body, humorously styled a -“Legislature,” west of “the River.” - - - - -CHAPTER XXV. - -THE SNAKE RIVER SCOUT--CAPTURE AND EXECUTION OF JEM KELLY. - - “The pitcher that went often to the well was broken at last.” - IRISH PROVERB. - - -In the month of July, 1864, the coach going from Virginia to Salt Lake -was robbed, and a large booty in gold dust was the reward of the Road -Agents. This was no sooner reported to the Committee, than prompt -measures were taken to pursue the perpetrators of the crime. - -A party of twenty-one of the old veterans who had hunted down Plummer’s -band, left Nevada, on Sunday, the 28th day of August, and camped at -William’s Ranch for the night. On Monday, the party rode all day, -never halting from breakfast time till evening. The rain fell in -torrents, rendering cooking impossible; so a hard bite was all that -was available, and each man coiled himself up in his blanket with his -saddle for a pillow, and growled himself to sleep as best he could. -Four guards came into camp with the stock, at daylight; whereupon the -troop saddled up, without taking breakfast, every one of the “crowd” -being at the same time wet, “dry,” hungry and saucy. One of the boys -had managed to bring along a bottle of (contraband) whiskey, as he -said, in case of snake-bites; but, under the circumstances, as far as -can be ascertained, no one refused a mouthful of the aqua vitæ. They -had forgotten the “weights and measures” of their school days, and at -that camp, it was found that there was no scruples to a dram. As one -of the party observed, it was “big medicine, you bet.” A ride in the -wet of fifteen miles, brought them to Joe Patte’s and breakfast, which -latter being despatched, and the former having received their adieux, -the “boot and saddle” once more sounded, and they proceeded on their -journey, changing horses at the Canyon Station, and finally halting on -the banks of Medicine Lodge Creek, in the midst of a heavy rain storm, -without shelter. - -In the morning everybody felt wet, of course, and unamiable, probably; -but as “business is business” when Montana Vigilantes are afoot, -nothing objectionable to morality was offered, except an odd oath, -caused by a stiff-legged cayuse or a refractory buckle, which, it is -charitably hoped, the rain washed from the record. The probabilities -favor the supposition, if the angel made the entry in his book on the -banks of that creek. If not, provided he was a good angel, he took no -notes till after breakfast and dinner, at Camos Creek, had somewhat -soothed and mollified the water-soaked, but irrepressible rangers. - -Saddling up once more, the party loped along a little more cheerfully, -reaching Snake river at ten P. M., where they, “their wearied limbs to -rest,” lay down--in a haystack. - -After breakfast, they turned their horses’ heads down stream, and camped -in the sage brush, without water, and with poor feed for stock. The -Vigilantes were supperless. On Friday, they borrowed the necessary -“batterie de cuisine” from the Overland station, and cooked their -breakfast after which they rode to Meek and Gibson’s Ferry, where they -camped, and turned out the stock in Fort Hall bottom. - -A suspicious character having entered the camp, two of the boys tracked -him to his own “lodging on the cold ground;” finding however, that -there were no evidence of anything wrong about his halting place, they -returned. - -At the Ferry, the Vigilantes met an old friend--a brother of the early -days of ’63-4. He was freighting poultry and hogs to Virginia, from -Salt Lake City. Glad to see his old comrades on their righteous errand, -he presented them with a thirty pound pig. A family of Morrisites -living in a cabin at the Ferry cooked it for them, and it was consumed -with immense zest. Here they learned that Jem Kelly had boarded in the -house, and on being asked to pay, he had threatened to whip the old -man. He said that he had a partner coming from Salt Lake, and that when -he arrived he should have a plenty of money. He also intimated to one -of the men living there that his partner was one of the men who robbed -Hughes, when a passenger in the coach. Kelly also said that there was -a big camp of emigrants, with a lot of mules, near there, on their way -to Oregon. He proposed that they should stampede the stock, and that if -the men offered a large enough reward, they should return them; but if -not, they would drive them off and sell them. The man refused to have -any hand in the matter, and was traveling towards the Butte, to buy -some lame cattle from the emigrants, when Kelly who started with him, -fell behind, and drawing a pistol, presented it at him. The man turned -at once, and Kelly, who saw something that scared him in the expression -of the man’s eye, had not nerve to shoot, though he wanted his money. -He therefore turned it off as a joke. - -The man failed to purchase the cattle and returned. Kelly, who had -parted from him, came in some time during the next day, bringing with -him a horse, saddle and bridle. The emigrants had this horse to drive -loose stock, and as is usual with animals so trained, he followed the -wagons, picking up his own living. One day he lagged behind, and they -went back for him. It is supposed Kelly watched them from behind the -crest of a hill, and catching the horse rode off with him. - -A party of ten men, with a captain, were sent to scout on the Portneuf -Creek, and were mounted on the best animals. They went to Junction -Station, Fort Hall, where the Overland boys shod the horses for them. -From that place they rode to Portneuf. The squad made a night march, -and camped at 11 P. M., without feed for man or beast, during a -hurricane of wind. Oliver’s coach went by, and when the driver spied -the horses, he thought of robbers, and the passengers looked mightily -scared. They drove by on a keen run, much to the amusement of the boys, -who saddled up at two o’clock A. M. The men had no bedding and no -“grub.” The culinary furniture was a tin cup in each man’s belt, and a -good set of teeth. They started at two o’clock A. M., because the stock -was so hungry and restless. They kept a bright lookout for Kelly. - -At day-break they saw a camp-fire. They rode up thinking of good -times, but found only a lot of Shoshone Indians, who had little but -choke-cherries to eat. The chief shortly after came up to the captain, -and offered him a broiled trout, which he ate and then fell asleep, -while the others were regaling themselves on choke-cherries, supplied -by little naked pappooses. An old squaw seeing the leader asleep, -when the sun rose, built a willow wigwam over him, and when he woke, -he seemed considerably exercised at the sight of his house, which -seemed like Jonah’s gourd. This was too much for both the boys and the -Indians, and they laughed heartily. - -The detachment saddled up and went on to Portneuf, where they ordered -breakfast at 11 P. M., at Oliver’s station. Here they learned that -a party of California prospectors, ten in number, all dressed in -buckskin, had caught Kelly, in a haystack. He had another horse by -this time, (he had sold one at the Ferry.) The party went back for two -and a half miles, on Sunday morning. The captain was ahead, scouting, -with one of the boys, and found the dead body of a man floating in the -creek. There was a shot wound through the back of the head. The corpse -was wrapped in a grey blanket, with a four strand lariet round the -neck and shoulders, as though the body had been dragged and sunk. There -were two camp fires near, which seemed to be ten or fifteen days old. -They were situated in a thicket of willows. There was a large boulder -at the bottom of the eddy, where there was no current, and the men -thought that the body had been tied to it, but that it had broken loose -and floated. - -The Vigilantes went back, got a pick and shovel, and buried him. -The body was dreadfully decomposed, and it was both difficult and -disgusting to raise it; however, they consulted, and slipping willows -under it, they reached over, and joining the tops, lifted out -altogether, and laid the putrefied remains in their willow grave. -Willows were placed below and around them, and having covered them with -earth and stone, they, getting a tail-board from a pilgrim’s wagon, -wrote an inscription, stating his finding by the Vigilantes, and the -date of his burial. The men then jumped into the saddle, and rode until -after night, coming up with a freight train for Virginia, camped on -the road. The captain told his story, whereupon the wagon-boss ordered -them a good warm drink and a hearty supper, sending his herder to look -after the stock. The command slept soundly till daylight, and then -rode twenty-five miles to the Ferry, to breakfast. They found the main -body still camped there, and they were glad to see the California -buckskin-rangers, and Jem Kelly in custody. - -A trial was called, and the evidence being heard, Kelly was unanimously -condemned to death. While pinioned, he asked for his pipe; and got a -smoke, which he seemed to enjoy very much. A knot was tied and greased, -and when all was working right, the party marched down to a Balm of -Gillead tree, and in presence of the prisoner rigged a scaffold by -cutting a notch into the tree, and putting one end of a plank from a -pilgrim-wagon, into the notch, and supporting the other on a forked -stick. The captain asked Kelly if he had anything to say. He answered -that if he had never drank any whiskey he would have been a better man. -He said it was hard to hang him, after whipping him. While he was on -the trap, a couple of Shoshone warriors came up, and looked on with -evident amazement. When the plank was knocked from under him, the -Indians gave a loud “Ugh!” and started at full speed for their camp. -After he had hung some fifteen minutes, the buckskin party came up, -and having made some inquiries, they helped to bury him, in a willow -coffin. The Vigilantes then returned home without any further incident -of travel worth recording. - - - - -CHAPTER XXVI. - -ARREST AND EXECUTION OF JOHN DOLAN, ALIAS JOHN COYLE, ALIAS “HARD HAT,” -FOR ROBBING JAMES BRADY OF $700 IN GOLD. - - As the stout fox, on thieving errand caught, - Silent he dies, nor hopes nor cares for aught.--ANONYMOUS. - - -Late in the month of August, 1864, a man named James Brady, of Nevada, -was robbed of $700 in gold by John Dolan, alias John Coyle, alias -“Hard Hat,” who had been living with him, and took the money from his -trousers’ pocket. For some time, the real thief remained unsuspected. -He cunningly offered to assist in the search, and treated Brady out of -the money; but suspicion being aroused by his sudden disappearance, -pursuit was made in the direction of Utah. John McGrath followed him to -Salt Lake City, and there found that he had changed his name to John -Coyle, and that he had gone on to Springville, whither his pursuer -followed and arrested him. Dolan stipulated that he should be preserved -from the Vigilantes, on the road home, which was agreed to, and McGrath -and his prisoner arrived at Nevada on the 16th of September. In the -meantime, letters had been received from parties ignorant of this -transaction, informing the Committee that Dolan was a pal of Jem Kelly, -who was hanged at Snake river; and evidence of his complicity with -the Road Agents was also satisfactorily adduced. He was the spy who -“planted” the robbery of Hughes in the Salt Lake coach. It is nearly -certain that the reason he fled to Utah was that he might receive his -share of the plunder. - -After a patient and lengthened trial, his guilt being perfectly clear, -he was condemned to be executed by a unanimous vote of the Committee. -Three hundred dollars of the lost money was recovered, and, though -Dolan at first denied his guilt, yet the production of peculiar nuggets -being irresistible evidence, he at last confessed the crime and offered -to make up the balance, if he should be let go. This could not be -acceded to, and, therefore, the Committee made good the amount lost by -their refusal, to Brady. - -It was on Saturday evening, September 17th, that the execution of Dolan -took place, and a scene more fraught with warning to the desperate -never was enacted before the gaze of assembled thousands. - -About sun-down, strong parties of Vigilantes from Highland, Pine Grove -and Virginia, joined the armed force already on the ground belonging -to Nevada and Junction. The prisoner was confined in the ball-room, -next door to the Jackson House, and here he was pinioned before being -brought out. The companies from Virginia, armed to the teeth, formed in -two parallel lines, enclosing an avenue reaching from the door through -which the prisoner must make his exit on his way to the scaffold. The -silence and the sternly compressed lips of the guard showed that they -felt the solemnity of the occasion, and that they were prepared to -repulse, with instant and deadly action, any attempt at the rescue -threatened by the prisoner’s companions in crime and sympathizers. -All being ready, a small posse of trustworthy men were detailed as -a close guard in front, rear and on both flanks of the prisoner. -The signal being given, the commander of the guard gave the word, -“Company! draw revolvers!” A moment more and the weapons, ready for -instant use, were held at the Vigilantes’ “ready,” that is to say, in -front of the body, the right hand level with the center of the breast, -muzzle up, thumb on the cock, and the fore finger extended along-side -the trigger-guard. “Right face! Forward, march!” followed in quick -succession, and, immediately the procession was fairly in motion, the -files of the guard were doubled. In close order they marched through -a dense crowd, to the gallows, a butchers hoist standing in the plain, -at the foot of the hills, about half a mile north-east of Nevada, where -a fatigue party and guard had made the necessary preparations for the -execution. The multitude must have considerably exceeded six thousand -in number, every available spot of ground being densely packed with -spectators. The face of the hill was alive with a throng of eager -and excited people. The column of Vigilantes marched steadily and in -perfect silence through the gathering masses, right up to the gallows. -Here they were halted and, at a given signal, the lines first opened -and then formed in a circle of about fifty yards in diameter, with an -interval of about six feet between the ranks, and facing the crowd, -which slowly fell back before them, till the force was in position. -Renewed threats of an attempt at rescue having been made, the word was -passed round the ranks, and the guard, in momentary expectation of a -rush from the anti-law-and-order men, stood ready to beat them back. -The prisoner, who exhibited a stolid indifference and utter unconcern, -most remarkable to witness, was placed, standing, on a board supported -in such a manner that a touch of a foot was all that was necessary to -convert it into a drop. - -The executive officer then addressed the crowd, stating that the -execution of criminals such as Dolan was a matter of public necessity, -in a mining country, and that the safety of the community from -lawlessness and outrage was the only reason that dictated it. He raised -his voice, and finished by saying, in a manner that all understood, -“It has been said that you will rescue the prisoner; don’t try it on, -for fear of the consequences. What is to be done has been deliberately -weighed and determined, and nothing shall prevent the execution of the -malefactor.” - -Dolan being now asked if he had anything to say, he replied in a -voice perfectly calm, clear and unconcerned, that he admitted having -committed the crime with which he was charged; but he said that he was -drunk when he did it. He added that he was well known in California -and elsewhere, and had never been accused of a similar action before. -He then bade them all good-bye, and requested that some of his friends -would bury his body. The rope was placed round his neck; the plank -was struck from beneath his feet, and the corpse swayed to and fro in -the night breeze. He never made a perceptible struggle. The dull sound -of the drop was followed, or rather accompanied, by the stern order to -the crowd, repeated by one hundred voices, “fall back!” The glancing -barrels and clicking locks of five hundred revolvers, as they came to -the present, sounded their deadly warning, and the crowd, suddenly -seized with a wild panic, fled, shrieking in mad terror, and rolling -in heaps over one another. A wagon and team were drawn up outside the -circle held by the Vigilantes, but such was the tremendous stampede, -that, taking them broadside, they rolled over before the onslaught of -the mob, like nine-pins, and over wagon and struggling mules, poured a -living torrent of people. Fortunately no great injury was done to any -one, and they gradually returned to the vicinity of the scaffold. As -the rush was made, the hill appeared to be moving, the simultaneous -motion of the multitude giving it that appearance. - -Just before the drop fell, one of the guard, who had newly arrived in -the country, being pressed on by a tall, swarthy-looking reprobate, -ordered him back, dropping his revolver level with his breast at the -same instant. The villain quickly thrust his hand into his bosom, and -the butt of a pistol was instantly visible within his grasp. “I say, -you, sir!” observed the guard, “just move your arm a couple of inches -or so, will you? I want to hit that big white button on your coat.” -“H--l!” ejaculated the worthy, retiring with the rapidity of chain -lightning, among the crowd. - -The people were then addressed by a gentleman of Nevada, who forcibly -showed to them the necessity of such examples as the present. He -reminded them that nothing but severe and summary punishment would be -of any avail to prevent crime, in a place where life and gold were so -much exposed. The prisoner had declared that he was drunk; but he had -offered to return the money, though only in case he would be pardoned. -This offer, a due regard for the safety of the community forbade their -accepting. - -Dolan having been pronounced dead by several physicians, the body was -given into the care of his friends; the Vigilantes marched off by -companies, and the crowd dispersed. There was a solemnity and decorum -about the proceedings of the Vigilantes that all admired. - -Before leaving the ground, a subscription was opened on behalf of the -man whose money had been stolen, and the whole sum missing ($400) was -paid to him by the Committee. This was an act of scrupulous honesty, -probably never before paralleled in any citizens’ court in the world. - - - - -CHAPTER XXVII. - -CAPTURE AND EXECUTION OF R. C. RAWLEY. - - “Justice is blind; but she has a long memory and a strong arm.” - PROVERB. - - -Since the execution of Plummer, Ray, Stinson, Pizanthia and Wagner, -there had been no execution in Bannack. The example had been -sufficient, and, though it could not be said that there was no crime -in Bannack, yet the change from the wild lawlessness of the roughs, -and the reign of terror caused by the presence of Plummer and his -satellites, was most encouraging. Scores of men silently and quickly -left Bannack for other regions. The dread of the “Vigilantes” was -strongly impressed on every person, and though it is not easy to -suppose that the nature of the desperadoes can be materially changed, -yet it is tolerably certain, to those who have witnessed the effect of -what the heralds would call “a noose pendant from a beam proper,”--that -men of the worst morals and most unquestioned bravery--men whom nothing -else could daunt--still maintain a quietness of demeanor that, under -any other circumstances than the fear of retribution by the halter, -would surely be foreign to their very nature. - -Among those who dreaded the arrival of the day of vengeance was a man -passing by the assumed name of R. C. Rawley. He was no common loafer, -originally; but was under another name and with a fairer character, a -merchant in a large Western city, from which, owing to what precise -discreditable cause we are uninformed, authentically he emigrated to -Colorado, and there gradually sank down to the character and standard -of a “bummer.” It was evident to all who knew him that he was a man -of education and of some refinement; occasionally remarks made in his -sober moments attested this, but a long course of brutal dissipation -had rendered his acquirements worthless, and had so debased his morals, -that he associated only with the thieves and marauders whose guilty -career terminated as these pages have shown, upon the gallows. Robbed -of all self-respect, and even ambition, R. C. Rawley, on his arrival in -this country, attached himself as a hanger-on to the Road Agents and -was the constant tool and companion of Stinson, Forbes Lyons and their -associates. He sometimes seemed to become ashamed of his conduct, and -worked for short periods, honestly earning his living; but such spells -of good conduct were only occasional. He returned, uniformly, to his -old habits, “like the sow that is washed to her wallowing in the mire.” -Rawley was a good looking man, and, but for his habit of intoxication, -he must have been handsome. - -In the winter of 1863-4, Rawley, though not closely identified with -the band, yet bore a suspicious character, owing to his connection -and association with them. He was seldom, indeed, on the road; but he -acted as an inside spy. As soon as the first blow was struck at the -Road Agents, he became nervous and excited in his demeanor, and warned -by the promptings of a guilty conscience, he suddenly left Bannack, on -a winter’s morning of such severity that nothing but the belief that -detection and punishment awaited him, could have justified a sane man -in undertaking a journey of any considerable length. He was popularly -supposed to have gone south or to Boise. - -In an ill-starred hour, in the month of September, 1864, unexpectedly -to most people, but with the knowledge of the Vigilantes, who had kept -track of his movements, he suddenly returned to Bannack, thinking, -doubtless, that all danger was past. He came back in rags, to find all -his old friends gone, and looked like a lone chicken on a wet day. -For some time after his return he kept quiet, and went to work for a -man who lived down the canyon, in the neighborhood of New Jerusalem. -Those who knew him, state that when he was sober, although he was not a -first-class workman, yet he labored steadily and well; but, as may be -conjectured, his frequent visits to Bannack, which always involved a -spree of drunkenness, greatly impaired his usefulness. - -During the time when he was under the influence of strong drink, his -old predilections were brought prominently forward, and he did not -hesitate to utter threats of an unmistakable kind, against the members -of the Committee; and also to express his sympathy and identification -of interest with the men who had been hanged, stating that they were -good men, and that the Committee were ---- strangling ----, etc. -This kind of conduct was allowed to remain unpunished for some six -weeks or two months; but as Rawley began to get bolder and to defy -the Committee, it was resolved that an end should be put to such -proceedings. - -A meeting of the Vigilantes was called, and it was determined that his -case should be thoroughly investigated. This was done, and, during the -trial, evidence of the most convincing kind was adduced, of his actual -complicity in the outrages perpetrated by the band; of his being a -spy for them, and of his pointing out favorable opportunities for the -commission of robbery. As his present line of action and speech left -no doubt that he would connect himself with some new gang of thieves, -and as it was more than suspected that such an organization was -contemplated, it was determined to put a sudden end to all such doings, -by making an example of Rawley. - -A party was detailed for the work, and going down unobserved and -unsuspected to New Jerusalem, they arrested him at night, and brought -him up to Bannack, without the knowledge of a single soul, except his -actual captors. As it was deemed necessary for the safety of society, -that a sudden punishment should be meted out to him, in such a manner -that the news should fall upon the ears of his associates in crime, -like a thunderbolt from a clear sky, he was taken to Hangman’s Gulch, -and, maintaining the most dogged silence and the most imperturbable -coolness, to the last moment, he was hanged on the same gallows which -Plummer himself had built for the execution of his own accomplice, -Horan, and on which he himself had suffered. - -The first intelligence concerning his fate was obtained from the sight -of his dead body, swinging in the wind on the following morning. Before -his corpse was taken down for burial, a photographic artist took a -picture of the scene, preserving the only optical demonstration extant -of the reward of crime in Montana. - -Thus died R. C. Rawley. A “passenger” or two attended his final march -to the grave, and, shrouded in the rayless gloom of a night as dark -as despair, thus perished, unshrieved and unknelled, the last of the -tribe of spies, cut-throats and desperadoes, who, in the early days of -Bannack, had wrought such horrors in the community. - -The effect of the execution was magical. Not another step was taken to -organize crime in Bannack, and it has remained in comparative peace and -perfect security ever since. - - - - -CHAPTER XXVIII. - -THE TRIAL AND DEATH OF JOHN KEENE alias BOB BLACK, THE MURDERER OF -HARRY SLATER. - - “Oh, my offense is rank; it smells to Heaven; - It hath the primal, eldest curse upon it.”--HAMLET. - - -The stern, yet righteous, retribution which the Vigilantes had -inflicted on the murderers and marauders in the southern and western -part of the Territory, had worked its effect, and little need was there -of any further examples, for a long time in the vicinity of Virginia -and Bannack; but the restless spirit of enterprise which distinguishes -the miners of the West, soon urged the pioneers to new discoveries, -creating another centre of population, and thither, like a heron to her -haunt, gathered the miners, and, of course, those harpies who live by -preying upon them. - -Many others who had spent a roving and ill regulated life, poured into -the new diggings, which bore the name of Last Chance Gulch, situated on -the edge of the romantic valley of the Prickly Pear, where now stands -the flourishing city of Helena, in the county of Edgerton, second -in size and importance only to Virginia, and rapidly increasing in -extent, wealth and population. This place, which was then regarded as -a new theatre of operation for the desperadoes, is almost one hundred -and twenty-five miles N. N. W. from the metropolis of Montana; and -no sooner were the diggings struck, by a party consisting mainly, of -Colorado men, than a rush was made for the new gulch, and a town arose -as if by magic. As usual in such cases, the first settlers were a -motley crowd, and though many good men came with them, yet the number -of “hard cases” was great, and was speedily increased by refugees -from justice, and adventurers not distinguished for morality, or for -any undue deference for the moral precepts contained in the sixth and -eighth commandments. - -Among the desperadoes and refugees who went over there was Harry -Slater--a professional gambler and a “rough” of reputation. At Salt -Lake, he would have shot Colonel W. F. Sanders, in the back, had he -not been restrained; and many an outrage had he committed. His sudden -flight from Virginia alone saved his neck, a mere accident having saved -him from summary execution, the night before he left for Helena, where -he met his death at the hands of John Keene formerly a bar-keeper -to Samuel Schwab, of the Montana Billiard Saloon, in Virginia, and -originally, as will be seen from the biographical sketch appended to -this chapter--from the “River,” where, as “Bob Black” he figured as a -first-class murderer and robber, before he came to the mining regions, -and quarrelling with Slater at Salt Lake City, roused again those evil -passions, the indulgence of which finally brought him to the fatal -tree, in Dry Gulch, where the thieves and murderers of the northern -section of the country have so often expiated their crimes by a sudden -and shameful death. - -Slater arrived first in Helena, and Keene, who had signalized his stay -in Virginia by attempting to kill or wound Jem McCarty, the bar-keeper -at Murat’s Saloon, (better known as the “Court’s,”) with whom he had a -quarrel, by throwing large pieces of rock at him, through the window, -at midnight. He, however, missed his mark; the sleepers escaped, and -the proprietors sustained little more damage than the price of broken -windows. - -Slater did not know that Keene was in town, and was sitting in the -door-way of Sam Greer’s saloon, with his head down, and his eyes shaded -by his hat. Keene was walking along the street talking to a friend, -when he spied Slater within a few feet of him, and without saying a -word, or in any way attracting the notice of Slater, he drew his pistol -and fired two shots, the first took effect over the outer angle of the -eye, ranging downwards and producing instant death. The murderer put -up his pistol and turned quickly down an alley, near the scene of the -murder. Here he was arrested by C. J. D. Curtis, and “X” coming up, -proposed to deliver him over to Sheriff Wood. This being done, the -Sheriff put him, for want of a better place, in his own house, and kept -him well guarded. As thousands of individuals will read this account -who have no distinct or accurate notion of how a citizen trial, in the -West, is conducted, the account taken by the special reporter of the -MONTANA POST, which is minutely exact and reliable in all its details, -is here presented. The report says that after the arrest of Keene and -his committal to the custody of the Sheriff, strong manifestations of -disgust were shown by the crowd, which soon collected in front of the -temporary prison, and a committee at once formed to give the murderer -a hasty trial. Sheriff Wood with what deputies he could gather around -him in a few moments, sternly and resolutely refused to deliver the -prisoner into the hands of the Committee, and at the same time made the -most urgent and earnest appeals to those demanding the culprit; but -finally, being carried by main force from his post, and overpowered by -superior numbers, his prisoner was taken from him. - -A court-room was soon improvised in an adjacent lumber yard, the -prisoner marched into it, and the trial immediately commenced, Stephen -Reynolds presiding, and the Jury composed of Messrs. Judge Burchett -(Foreman,) S. M. Hall, Z. French, A. F. Edwards, ---- Nichols, S. -Kayser, Edward Porter, ---- Shears, Major Hutchinson, C. C. Farmer and -Ed. House. - -No great formality was observed in the commencement of the impromptu -trial. Dr. Palmer, Charles Greer and Samuel Greer were sworn to -testify. Dr. Palmer started to give his evidence, when he was -interrupted by the culprit, getting up and making a statement of the -whole affair, and asserting that he acted in self-defense, as the -deceased was in the act of rising with his hand on his pistol, and had -threatened to take his life, and on a former occasion, in Great Salt -Lake City, had put a Derringer into his mouth. - -A Mr. Brobrecker then got up and made some very appropriate remarks, -cautioning the men on the jury not to be too hasty, but to well and -truly perform their duty; weigh the evidence well, and give a verdict -such as their conscience would hereafter approve. - -Sam. Greer then testified to being an eye witness of the deed. Heard -the first shot, did not think anybody was hit; told Keene to “hold on,” -when he saw Slater fall over; did not hear any words spoken by either -of the parties; did not know for certain whether the prisoner was the -man who shot Slater. - -Prisoner--I am the gentleman. - -Dr. Palmer said that when he made an examination of the deceased he did -not find a pistol in his scabbard. - -Sam. Greer--The pistol was put into my hands, and placed behind the bar -by me, after the shooting took place. - -Charley Greer (sworn)--I have been sick lately, and was too excited -to make any close observation; was not more than three or four feet -from the party killed, when the shooting occurred; thought the man was -shooting at some dogs in the saloon. - -Charles French (sworn) says: Came down street, stopped first door below -Lyon’s barber-shop, at the clothing store of Barned; saw a man coming -up the street towards Greer’s saloon; heard some one cry, “Don’t shoot, -John; you’ll hurt somebody.” Soon after, saw the man shoot; thought -he was only firing off his pistol to scare somebody; but he saw the -deceased man fall, and the other go down street and turn into an alley. -Don’t know the man that fired the shots. - -Q.--Is this the man? - -A.--Cannot tell; it is too dark. (A candle was brought) I think it is -the same man; I am pretty certain it is. - -Dr. Palmer again testified: The deceased was shot over the right eye; -never spoke, and died in three minutes after being shot. - -James Binns, (sworn)--Was on the opposite side of the street; heard the -first shot fired; and saw the second one. Heard Greer say, “hold on,” -and saw the man fall over, and the other man go through the alley. - -[Calls by the crowd for James Parker.] - -James Parker, (sworn)--Keene overtook me, to-day, on the summit, coming -from Blackfoot. We rode together. He inquired of me whether Slater -was in town, and told me of some difficulty existing between them, -originating in Salt Lake City; Slater having thrust a Derringer into -his mouth, and ran him out of the city. - -Prisoner here got up and said. That he had told Parker, he hoped he -should not see Slater, as he did not want any difficulty with him, or -some such conversation. - -James Geero (Hogal) called for, (sworn)--[Here the wind extinguished -our candle, and being in the open air, before we could relight it, we -missed all the testimony but the last words.--REPORTER.] Know nothing -about the shooting affair. - -At this moment a voice in the crowd was heard crying: “John Keene, come -here”--which caused the guards to close around the prisoner. - -Mr. Phillips, (sworn)--Don’t know anything about the affair; but saw -Slater fall. Don’t know who fired. Know what Jem Geero says to be true. -Saw Slater sit in this position, (here Mr. P. showed the position -Slater was in when shot,) saw Slater sitting in the door; did not see -him have a revolver. - -Prisoner asked to have some witnesses sent for; he said that the -original cause of his trouble with Slater was his taking Tom Baum and -Ed. Copeland’s part, in a conversation about the Vigilance Committee -of last year. Slater then called him a Vigilante ----, and drove him -out of town; this was in Salt Lake City. Then he went to Virginia -City, and from there to Blackfoot. Slater was a dangerous man; he had -killed two men in Boise. He said he had gone to work at mining in -Blackfoot, and came over to Helena on that day, to see a man--Harlow. -“When I first saw Slater, to-day, he smacked my face with both hands -and called me a ---- Irish ---- and said he would make me leave town; -I went and borrowed a revolver of Walsh.” He requested them to send -for an Irishman called Mike, who works on the brickyard, and who heard -the last conversation. He wanted Mr. Phillips to give a little more -testimony. - -Mr. P.--I know him to go armed and equipped; saw him draw a weapon on a -former occasion; saw him make a man jump down twenty pair of stairs. - -Motion of the jury to retire. Cries of “aye!” and “no! go on with the -trial.” A voice--“Send for Kelly, the man who was talking to Slater at -the time he was shot.” Cries of “Mr. Kelly! Mr. Kelly!” and “Dave St. -John.” Neither of these men could be found. - -A motion to increase the number of the guard to forty was carried. - -Prisoner again asked to have men sent for his witnesses. - -Jack Edwards--I am willing to wait till morning for the continuance of -the trial, but the guard must be increased; I hear mutterings in the -crowd about a rescue. - -A voice--It can’t be done. - -Prisoner--I want a fair and just trial. - -Preparations were now made for a strong guard, forming a ring round the -prisoner. - -Objections were raised, at this juncture, to whispering being carried -on between the culprit and his friends. - -A report came in that the Irish brickmaker could not be found at his -shanty. - -A motion to guard the prisoner till morning, to give him time to -procure witnesses, was lost; but being afterwards reconsidered, it was -finally carried. - -Judge N. J. Bond then got up, and in a short and able speech to the -jury, advised them to hear more testimony before convicting the -prisoner. He also proposed the hour of 8 A. M., next day, for the -meeting of the jury, and the hour of 9 A. M., for bringing in their -verdict. The latter proposition was agreed to, and the prisoner taken -in charge by the guard. - -The dense crowd slowly dispersed talking in a less blood-thirsty strain -than they had done three or four hours before. - - -SECOND DAY. - -The morning dawned serenely upon a large concourse of people, standing -before the prison and in front of the California Exchange--the place -selected for a jury room. - -The jury met a few minutes past 8 A. M., and Mr. Boyden was sent for, -and the examination of witnesses resumed. - -Mr. B., (sworn)--I have known Keene from childhood; know his parents -and relatives; met Keene yesterday on the street; did not know him at -first sight, until he spoke to me; told me that he was looking for a -gentleman in town, who had, as an act of kindness taken up some claims -for him; was walking up street with me; then stopped to shake hands -with a man named Kelly, who was sitting on some logs in the street; -when we left him. Keene walked faster than I did, and was a few steps -ahead of me; when in front of Greer’s saloon, I saw a man sitting in -the door, (Greer’s;) did not see Keene draw his revolver, but saw the -first shot fired, and heard Keene say, “You ----, you have ruined me in -Salt Lake City.” This was said after the shooting. Do not think Slater -saw Keene at all. Slater was sitting down; I was about five feet from -both men; John Keene was about ten feet from Slater. - -Q.--Was Kelly with you at that time? - -A.--No; Kelly never left the place where he shook hands with Keene. - -Q.--Do you know anything about his character? - -A.--I have known him for about ten years; he left Saint Paul about -eighteen months ago; know nothing about his course or conduct -since that time; he was considered a fast young man, but good and -kind-hearted; when I conversed with him yesterday, he spoke about a -man that had ruined him in Salt Lake City, but he did not mention any -names; I did not know anything of the particulars of his (prisoner’s) -former difficulties with Slater; never saw Slater and Keene together. - -Michael McGregor, (sworn)--I saw Keene in the afternoon; he came to -me in the flat, (a point in the lower part of the gulch;) shook hands -with me, and then left for town; did not know of the difficulty between -Slater and Keene; Keene never spoke to me about it. - -D. St. John, (sworn)--Don’t know anything about the shooting affair; -was fifteen miles from here when it took place. [The witness here -gave some testimony not bearing directly on the case, which was not -admitted.] - -This closed the examination. The jury went into secret session. - -At ten minutes to ten o’clock, the jury came from their room to the -place of trial, in the lumber yard, where preparations were made -immediately for the reception of the prisoner. - -At ten o’clock, the culprit made his appearance on the ground, under an -escort of about fifty well armed men. A circle was formed by the guard -and the prisoner placed in the center. His appearance was not that of a -man likely to die in a few minutes. He looked bravely around the crowd, -nodding here and there to his acquaintances, and calling to them by -name. Captain Florman having detailed his guard, gave the word, “all -ready.” The foreman of the jury then opened the sealed verdict: “We, -the jury, in the case of the people of Montana versus John Keene, find -him guilty of murder in the first degree.” - -A Voice--“What shall be done?” - -Several voices in the crowd--“Hang him! hang him!” - -The President here rose and said he wished to hear some expression of -the public sentiment or motions in the case. - -Calls were made for Colonel Johnson. The Colonel addressed the assembly -in an appropriate speech, which was followed by a few short and -pertinent remarks from Judge Bond. - -On motion of A. J. Edwards, the testimony of Messrs. Boyden and Michael -McGregor was read, and thereupon Judge Lawrence rose and said he was -sure Keene had all the chance for a fair trial he could have wished, -and motioned to carry the jury’s verdict into execution. Passed. - -The prisoner here got up and said: “All I wanted was a fair and just -trial; I think I have got it, and death is my doom; but I want time to -settle up my business; I am not trying to get away.” - -He was granted an hour’s time to prepare for his execution. The -committee fixed the hour of execution at 11¹⁄₂ o’clock A. M. Keene -remarked that he hadn’t any money to pay expenses--and was told that -it should not cost him a cent. The guard now took charge of the doomed -man, and escorted him to an adjacent house, in order that he might -arrange his affairs. - -At 11 A. M. crowds of people could be seen ascending the hill north -of Helena, and not a small number of ladies were perceptible in -the throng. The place of execution was chosen with a due regard to -convenience and economy--a large pine tree, with stout limbs, standing -almost alone, in a shallow ravine, was selected for the gallows. - -At 11 A. M., the prisoner, accompanied by the Rev. Mr. McLaughlin, -arrived in a lumber wagon. A dry-goods box and two planks, to form the -trap, were in the same vehicle. The unfortunate victim of his unbridled -passions sat astride of one of the planks, his countenance exhibiting -the utmost unconcern, and on his arrival at the tree, he said: “My -honor compelled me to do what I have done.” He then bade good-bye to -some of his acquaintances. The wagon having been adjusted so as to -bring the hind axle under the rope, a plank was laid from the dry-goods -box to another plank set upon end, and the trap was ready. - -At four minutes to twelve o’clock, the prisoner’s arms were pinioned, -and he was assisted to mount the wagon. Standing on the frail platform, -he said, in a loud and distinct voice: “What I have done, my honor -compelled me to do. Slater run me from Salt Lake City to Virginia, and -from there to this country. He slapped me in the face here, yesterday; -and I was advised by my friends to arm myself. When Slater saw me, -he said ‘There is the Irish ----; he has not left town yet.’ Then I -commenced firing. My honor compelled me to do what I have done.” Here -he called for a drink of water, which was procured as speedily as it -could be brought to the top of the hill. He took a long, deep draught -of the water, and the rope was adjusted round his neck. A handkerchief -being thrown over his face, he raised his hand to it and said: “What -are you putting that there for? Take it off.” Stepping to the end of -the trap, he said: “What I have done to Slater, I have done willingly. -He punished me severely. Honor compelled me to do what I have done. -He run me from town to town; I tried to shun him here; but he saw -me--called me a ---- and smacked me in the face. I did not want any -trouble with him; my honor compelled me to do what I have done. I am -here, and must die; and if I was to live till to-morrow I would do the -same thing again. I am ready; jerk the cart as soon as you please.” - -At seven minutes past twelve, the wagon started, the trap fell, and -Keene was launched into eternity. He fell three and a half feet without -breaking his neck. A few spasmodic struggles for three or four minutes, -were all that was perceptible of his dying agonies. After hanging half -an hour, the body was cut down and taken in charge by his friends. - -So ended the first tragedy at Helena. The execution was conducted by -Mr. J. X. Biedler, and everything went off in a quiet and orderly -manner. Many familiar faces, known to Virginia men in the trying times -of the winter of ’64, were visible. - -The effect, in Helena, of this execution was electrical. The roughs -saw that the day had gone against them, and trembled for their lives. -There were in town, at that time, scores of men from every known -mining locality of the West, and many of them were steeped to the -lips in crime. Such a decision as that now rendered by a jury of the -people boded them no good. They saw that the citizens of Montana had -determined that outrage should be visited with condign punishment, -and that prudence dictated an immediate stampede from Helena. Walking -about the streets, they occasionally approached an old comrade, and -furtively glancing around, they would give expression to their feelings -in the chartered form of language peculiar to mountaineers who consider -that something extraordinary, unjust, cruel or hard to bear, is being -enacted, “Say, Bill, this is rough, ain’t it?” To which the terse reply -was usually vouchsafed, “It is, by thunder; ---- rough.” Cayuses began -to rise rapidly in demand and price. Men went “prospecting” (?) who -had never been accused of such an act before; and a very considerable -improvement in the average appearance of the population soon became -visible. - -A constant stream of miners and others was now pouring into the -Territory, from the West, and the consequence was that thinking portion -of the citizens of Helena began to see that a regular organization of -an independent Vigilance Committee was necessary to watch over the -affairs of the young city, and to take steps for both the prevention -of crime and for the punishment of criminals. There were in the town a -considerable number of the old Committee; these, with few exceptions, -gave the movement their sanction, and the new body was speedily and -effectively organized; an executive elected, companies formed, under -the leadership of old hands who had mostly seen service in the perilous -times of ’63-4. A sketch of their subsequent operations will appear in -this work, and also an account of the terrible massacre and robbery -of the passengers of the Overland coach, in the Portneuf canyon, -near Snake river, I. T., together with an account of the capture and -execution of Frank Williams, who drove the stage into the ambush. - -As it was asserted by Keene that Slater had slapped him in the face, -and otherwise insulted him in Helena, before the firing of the fatal -shot, it is proper to state that such was not the case. Slater was -entirely ignorant of Keene’s presence in town; in fact, the other, it -will be remembered, had only just previously arrived there, riding -with the witness who swore he crossed the Divide in his company. It -is also an entire mistake to suppose that Keene was a man of good -character or blameless life. The following statement of his previous -career of crime, in the East, will be read with interest by many who -are under the impression that the murder of Slater was his first -offense. It is taken from the Memphis “Appeal,” of November 24th, 1865, -and, of course, was written without any intention of being published -in this work, or of furnishing any justification of the Vigilance -Committee. If such had been the intention, it would have been a work of -supererogation; for never was a case of murder in the first degree more -fully proven. The homicide in broad day light, and the evident malice -“prepense” were matters of public notoriety: - -“Of the many strange circumstances born of and nurtured by the past -war, a parallel to the catalogue of crime herein given has been rarely, -if ever, met with. - -“In this vicinity, near three years ago, the name of ‘Bob Black’ -has, on more than one occasion, struck terror to the hearts of a -large number of countrymen, cotton buyers and sellers, whose business -compelled them to enter or make their exit from the city by the way of -the Hernando or Horn Lake roads. - -“‘Bob Black’ came to this city about six years ago, bringing with -him a good character for honesty and industry and continued to work -steadily here until the outbreak of the war. At that time he desired -to enter the gunboat service, and for that purpose left this city for -New Orleans; and, after remaining there some time, he joined the crew -of a Confederate ram, the name of which has since slipped our memory. -While on his way up from New Orleans, he became enraged at some wrong, -real or fancied, at the hands of the captain of the ram, and being of a -very impulsive nature, seized a marling-spike, and with a blow, felled -the captain to the deck. He was immediately placed in irons, and upon -the arrival of the gunboat at Fort Pillow, was handed over to General -Villipigue, for safe keeping. A court-martial was ordered, and while -in progress, the evacuation of Fort Pillow became necessary, and the -prisoner was transferred to Grenada, Mississippi. In the confusion of -everything about Grenada at that time, he managed to effect his escape, -and passing immediately through the Confederate lines, reached Memphis -a few days after its occupation by the Federal authorities. Without any -means to provide himself with food or clothing, with a mind borne down -with trouble and suffering, and bereft of every hope from which the -slightest consolation might be derived, the once honest man was driven -to a career of desperation and crime which, if given in its details, -would cause the blood-thirsty tales of the yellow-covered trash to pale -for their very puerility and tameness. - -“In this condition of mind and body he remained in the city for some -time, wandering about here and there; until one day, while standing -at the Worsham House corner, he became involved in a quarrel with one -James Dolan, a member of the Eighth Missouri Regiment, a large and -powerful man, while Black was a man of medium height and stature. Words -between the parties waged furious, and finally Dolan struck Black with -a cane which he had with him; but quickly warding off the blow, Black -wrenched the cane from his adversary and dealt him a blow, which so -fractured the skull of Dolan as to cause death within a short time -thereafter. Black effected his escape from the city, and with a couple -of accomplices, began a system of wholesale murder and robbery on the -Hernando road. The atrocity and boldness of these acts created the -greatest excitement in Memphis. - -“Several parties were robbed of sums varying from one to as high as -ten thousand dollars, and, in one instance, a speculator was compelled -to disgorge to the amount of five thousand dollars in gold. Of -course, these rascals, of whom Black was the leader, often met with -men who would make resistance rather than give up their money; and -in this way no less than three or four fell victims to the fiendish -spirit exhibited by these scoundrels. It was finally agreed upon by -the military commanders of the district, on both sides, that means -should be taken which would insure their capture. Accordingly a squad -of Blythe’s battalion, of the rebel army, were sent in pursuit, and -succeeded in capturing, about ten miles out of the city, Black and his -companion, a fellow young in years, named Whelan. They were placed in -the guard-house in Hernando, we believe, and at a pre-concerted signal -attacked the guard, and mounting some horses belonging to the soldiers, -made off at a rapid rate. The guard immediately started in pursuit, and -coming upon Whelan, who was some distance behind Black, shot and killed -him. Black again escaped, and applied himself with more vigor than ever -to the plundering, stealing and robbing of everybody and everything -that came within his reach. He would frequently ride into this city at -night, passing through the lines at will; and, as an instance of his -audacity, on one occasion rode down Adams street, and fired several -shots into the station house. It was reported that he had accumulated -large sums of money, and the report proved correct. As his business -became either too tiresome or too dangerous, he came to the city, -disguised, and took passage on a boat for the North. Since that time, -and until recently, nothing has been heard from him. It seems that -after leaving Memphis, he went to St. Paul, Minnesota, and embarked in -the staging and saloon business, under his proper name, John Keene. His -restless spirit could not stand the monotony of such a dull business -(to him), and, organizing a band of some twenty men, he started for the -Territories.” - - - - -CHAPTER XXIX. - -CAPTURE AND EXECUTION OF JAKE SILVIE alias JACOB SEACHRIEST, A ROAD -AGENT AND MURDERER OF TWELVE YEARS STANDING, AND THE SLAYER OF TWELVE -MEN. - - “Whoso sheddeth man’s blood, by man shall his blood be shed.” - - GOD’S LAW. - - - - -The crimes and punishment of many a daring desperado, have been -chronicled in these pages; but among them all, none was more worthy -of death than the blood-stained miscreant whose well deserved fate is -recorded in this chapter. According to his own confession--made, when -all hope was gone, and death was inevitable, and when nothing was to -be gained by such a statement, but the disburdening of a conscience -oppressed by the weight of guilt--Jacob Seachriest was a native of -Pennsylvania, and had been a thief, Road Agent and murderer for twelve -years; during which time he had murdered, single-handed or in company -with others, twelve individuals. - -In a former chapter of this history--the one detailing the arrest and -execution of Jem Kelly at Snake River--it will be remembered that the -body of a man, shot through the back of the head, was found in a creek -by a patrol of the Vigilantes, and buried in a willow coffin. The full -particulars of the tragedy we are unable to furnish to our readers; but -Seachriest confessed that he and his comrades cast lots to determine -who should commit the bloody deed, it being repugnant, even to their -notions of manhood, to crawl up behind an unarmed man, sitting quietly -on the bank of a creek, and to kill him for the sake of what he might -chance to possess, without exchanging a word. The “hazard of the die” -pointed out Seachriest as the assassin; and with his pistol ready -cocked, he stole upon his victim and killed him instantly, by sending -a ball through his brain. A stone was fastened to the body, and it was -sunk in a hole formed by an eddy, in the stream, the thieves having -first appropriated every article of value about his person. - -The captain was much moved by the sad spectacle, though well accustomed -to the sight of murdered victims, having served through the war against -the border ruffians, in “Bleeding Kansas,” and having gone through -a chequered career of adventure, including five years life by the -camp-fire. He said, with much emotion, “Boys, something tells me I’ll -be at the hanging of this man’s murderer, within twelve months of this -day;” and so it fell out, though most unexpectedly. - -Shortly after the execution of John Keene for the murder of Slater, -information was sent to the Committee, that a man named Jake Silvie -had been arrested at Diamond City--a flourishing new mining camp -in Confederate Gulch, one of the largest and richest of the placer -diggings of Montana. The town is about fifteen miles beyond the -Missouri, and about forty miles East of Helena. The charges against -the culprit were robbery, obtaining goods under false pretenses, and -various other crimes of a kindred sort. It was also intimated that he -was a man of general bad character, and that he had confessed enough to -warrant the Committee in holding him for further examination, though -the proof of his commission of the principal offense of which he was -accused was not greater, at the time, than would amount to a strong -presumption of guilt. - -The messenger brought with him copies of the confession made by -the prisoner, under oath, before the proper person to receive an -obligation. The substance of his story was that he was an honest, -hard-working miner; that he had just come into the country, by the way -of Salt Lake City; that on reaching Virginia City, and while under the -influence of liquor, he had fallen into bad company, and was initiated -into an organized band of robbers. He gave the names of about a dozen -of the members of the gang, and minutely described the signs of -recognition, etc. It was evident, from his account that the ceremonies -attending the entry into this villainous fraternity were simple and -forcible, although not legal. The candidate was placed in the center -of a circle formed of desperadoes; one or two revolvers at full cock -were presented at his head, and he was then informed that his taking -the obligation was to be a purely voluntary act on his part; for that -he was at perfect liberty to refuse to do so; ONLY, in that case, that -his brains would be blown out without any further ceremony. Though not -a man of any education, Silvie could not afford to lose his brains, -having only one set, and he therefore consented to proceed, and swore -through a long formula, of which, he said he recollected very little, -distinctly, except a pledge of secrecy and of fidelity to the band. - -On receipt of the intelligence, a captain, with a squad of four or -five men, was immediately dispatched to Diamond City, with orders to -bring the prisoner to Helena as soon as possible. The party lost but -little time in the performance of their duty, and on the following day -the chief of the Committee rode out, as previously agreed upon, in -company with X (a letter of the alphabet having singular terrors for -evil doers in Montana, being calculated to awaken the idea of crime -committed and punishment to follow, more than all the rest of the -alphabet, even if the enumeration were followed by the repetition of -the ten commandments,) and meeting the guard in charge of the prisoner, -they accompanied them into town. Silvie was confined in the same cabin -in which John Keene past his last night on earth. A strong guard was -detailed for the purpose of watching the prisoner, and the Committee -being summoned, the case was investigated with all due deliberation; -but the Committee were not entirely satisfied that the evidence, -though complete, was all of such a reliable character as to justify a -conviction; and, therefore, they preferred to adjourn their inquiry, -for the production of further testimony. This was accordingly done, and -the prisoner was removed to an obscure cabin, in a more remote part of -the town, where the members of the Committee would have an opportunity -of free access to him and might learn from his own lips what sort of a -man they had to deal with. - -They were not long in arriving at a satisfactory conclusion on -this point. He at first adhered to and repeated his old story and -confession; but gaining a little confidence, and thinking there was -not much danger to be apprehended from the action of the Committee, he -at length denied every word of his former statement, made under oath; -said it was all false; that he knew of no such organization as he had -told of, and declared that he had been compelled to tell this for his -own safety. After being cross questioned pretty thoroughly, he told -the truth, stating that he had given a correct statement in the first -place; only, that instead of joining the band in Virginia City, he had -become acquainted with some of the leaders, on the Columbia River, on -the way up from Portland, and that he had accompanied them to Virginia -City, M. T., travelling thither by the way of Snake River. (It was on -this trip that he committed the murder before described.) This was a -fatal admission on the part of the prisoner, as it completed the chain -of evidence that linked him with the desperadoes whose crimes have -given an unenviable notoriety to the neighborhood of that affluent of -the Columbia--the dread of storm-stayed freighters and the grave of so -many victims of marauders--Snake River. - -Another meeting of the Executive Committee was called during the -day, and after due deliberation, the verdict was unanimous that he -was a Road Agent, and that he should receive the just reward of -his crimes, in the shape of the penalty attached to the commission -of highway robbery and murder, by the citizens of Montana. After a -long discussion, it was determined that he should be executed on the -murderer’s tree, in Dry Gulch, at an hour after midnight. The prison -guards were doubled, and no person was allowed to hold converse with -the prisoner, except by permission of the officers. - -The execution at night was determined upon for many sufficient reasons. -A few of them are here stated: It had been abundantly demonstrated that -but for the murder of Slater having occurred in open day, and before -the eyes of a crowd of witnesses, Keene would have been rescued; and -the moral effect produced by a public execution, among the hardened -sinners who compose a large part of the audience at such times, -is infinitely less than the terror to the guilty, produced by the -unannounced but inevitable vengeance which may at any moment be visited -upon their own heads. Such a power is dreaded most by those who fear -its exercise. - -The desire to die game, so common to desperadoes, frequently robs -death of half its terrors, if not of all of them, as in the case of -Boon Helm, Bunton and others. Confessions are very rarely made at -public executions in the mountains; though scarcely ever withheld at -private ones. There are also many honest and upright men who have a -great objection to be telegraphed over the west as “stranglers,” yet -who would cheerfully sacrifice their lives rather than by word or deed -become accessory to an unjust sentence. The main question is the guilt -of the prisoner. If this is ascertained without doubt, hour and place -are mere matters of policy. Private executions are now fast superseding -public ones, in civilized communities. - -There is not now--and there never has been--one upright citizen in -Montana, who has a particle of fear of being hanged by the Vigilance -Committee. Concerning those whose conscience tells them that they are -in danger, it is of little consequence when or where they suffer for -the outrages they have committed. One private execution is a more -dreaded and wholesome warning to malefactors than one hundred public -ones. - -If it be urged that public executions are desirable from the notoriety -that is ensured to the whole circumstances, it may fairly be answered -that the action of Judge, and jury, and counsel is equally desirable, -and, indeed, infinitely preferable, when it is effective and impartial, -to any administration of justice by Vigilance Committees; but, except -in the case of renowned Road Agents and notorious criminals whose names -are a by-word, before their arrest, or where the crime is a revolting -outrage, witnessed by a large number, the feeling of the community in -a new camp is against ANY punishment being given, and the knowledge of -this fact is the desperadoes’ chief reliance for escape from the doom he -has so often dared, and has yet escaped. - -When informed of his sentence the prisoner seemed little affected by -it, and evidently did not believe it, but regarded it as a ruse on -the part of the Committee to obtain a confession from him. After the -shades of night had settled down upon the town of Helena, a minister -was invited to take a walk with an officer of the Vigilantes, and -proceeded in his company to the cabin where Silvie was confined, and -was informed of the object in view in requesting his attendance. He at -once communicated the fact to the culprit, who feigned a good deal of -repentance, received baptism at his own request, and appeared to pray -with great fervor. He seemed to think that he was cheating the Almighty -himself, as well as duping the Vigilantes most completely. - -At length the hour appointed for the execution arrived, and the matter -was arranged so that the prisoner should not know whither he was going -until he came to the fatal tree. The Committee were all out of sight, -except one man, who led him by the arm to the place of execution, -conversing with him in the German tongue, which seemed still further -to assure him that it was all a solemn farce, and that he should “come -out all right;” but when he found himself standing under the very tree -on which Keene was hanged and beheld the dark mass closing in on all -sides, each man carrying a revolver in his hand, he began to realize -his situation, and begged most piteously for his life, offering to tell -anything and everything, if they would only spare him. Being informed -that that was “played out,” and that he must die, his manner changed, -and he began his confession. He stated that he had been in the business -for twelve years, and repeated the story before related, about his -being engaged in the perpetration of a dozen murders, and the final -atrocity committed by him on Snake River. He stated that it was thought -their victim was returning from the mines, and that he had plenty of -money, which on an examination of him, after his death, proved to be a -mistake. - -The long and black catalogue of his crimes was too much for the -patience of the Vigilantes, who, though used to the confessions of -ordinary criminals, were unprepared to hear from a man just baptized, -such a fearful recital of disgusting enormities. They thought that it -was high time that the world should be rid of such a monster, and so -signified to the chief, who seemed to be of the same opinion, and at -once gave the order to “proceed with the execution.” Seeing that his -time was come, Silvie ceased his narrative, and said to the men, “Boys, -don’t let me hang more than two or three days.” He was told that they -were in the habit of burying such fellows as him in Montana. The word -“take hold,” was given, and every man present “tailed on” to the rope -which ran over the “limb of the law.” Not even the chief was exempt, -and the signal being given, he was run up all standing--the only really -merciful way of hanging. A turn or two was taken with the slack of the -rope, round the tree, and the end was belayed to a knot which projects -from the trunk. This being completed, the motionless body was left -suspended until life was supposed to be extinct, the Vigilantes gazing -on it in silence. - -Two men were then detailed, and stood, with an interval of about -two feet between them, facing each other. Between these “testers” -marched every man present, in single file, giving the pass-word of the -organization in a low whisper. One man was found in the crowd who had -not learned the particular “articulate sound representing an idea,” -which was so necessary to be known. He was scared very considerably, -when singled out and brought before the chief; but, after a few words -of essential preliminary precaution, he was discharged, breathing more -freely, and smiling like the sun after an April shower, with the drops -of perspiration still on his forehead. - -The Committee gradually dispersed, not as usually is the case, with -solemn countenances and thoughtful brows, but firmly and cheerfully; -for each man felt that his strain on the fatal rope was a righteous -duty, and a service performed to the community. Such an incarnate -fiend, they knew, was totally unfit to live, and unworthy of sympathy. -Neither courage, generosity, truth nor manhood, pleaded for mercy, -in his case, he lived a sordid and red-handed robber, and he died -unpitied, the death of a dog. - -Very little action was necessary on the part of the Vigilance -Committee, to prevent any combination of the enemies of law and order -from exerting a prejudicial influence on the peace and good order of -the capital; in fact, the organization gradually ceased to exercise its -functions, and, though in existence, its name, more than its active -exertions, sufficed to preserve tranquility. When Chief Justice Hosmer -arrived in the Territory, and organized the Territorial and County -Courts, he thought it his duty to refer to the Vigilantes, in his -charge to the Grand Jury, and invited them to sustain the authorities -as citizens. The old guardians of the peace of the Territory were -greatly rejoiced at being released from their onerous and responsible -duties, and most cheerfully and heartily complied with the request of -the Judiciary. - -For some months no action of any kind was taken by them; but, in the -summer of 1865, news reached them of the burning and sacking of Idaho -City, and they were reliably informed that an attempt would be made -to burn Virginia, also, by desperadoes from the West. That this was -true was soon demonstrated by ocular proof; for two attempts were -made though happily discovered and rendered abortive, to set fire to -the city. In both cases, the parties employed laid combustibles in -such a manner that, but for the Vigilance and promptitude of some old -Vigilantes, a most destructive conflagration must have occurred in -the most crowded part of the town. In one case the heap of chips and -whittled wood a foot in diameter had burnt so far only as to leave a -ring of the outer ends of the pile visible. In the other attempt a -collection of old rags were placed against the wall of an outbuilding -attached to the Wisconsin House, situated within the angle formed by -the junction of Idaho and Jackson streets. Had this latter attempt -succeeded, it is impossible to conjecture the amount of damage that -must have been inflicted upon the town, for frame buildings fifty feet -high were in close proximity, and had they once caught fire, the flames -might have destroyed at least half of the business houses on Wallace, -Idaho and Jackson streets. - -At this time, too, it was a matter of every day remark that Virginia -was full of lawless characters, and many of them thinking that the -Vigilantes were officially defunct, did not hesitate to threaten the -lives of prominent citizens, always including in their accusations, -that they were strangling ----. This state of things could not be -permitted to last; and, as the authorities admitted that they were -unable to meet the emergency, the Vigilantes reorganized at once, with -the consent and approbation of almost every good and order-loving -citizen in the Territory. - -The effect of this movement was marvellous; the roughs disappeared -rapidly from the town; but a most fearful tragedy, enacted in Portneuf -Canyon, Idaho, on the 13th of July roused the citizens almost to -frenzy. The Overland coach from Virginia to Salt Lake City, was -driven into an ambuscade by Frank Williams, and though the passengers -were prepared for Road Agents, and fired simultaneously with their -assailants, who were under cover and stationary, yet four of them, viz: -A. S. Parker, A. J. McCausland, David Dinan and W. L. Mers were shot -dead; L. F. Carpenter was slightly hurt in three places, and Charles -Parks was apparently mortally wounded. The driver was untouched, and -James Brown, a passenger, jumped into the bushes and got off, unhurt. -Carpenter avoided death by feigning to be in the last extremity, when a -villain came to shoot him a second time. The gang of murderers, of whom -eight were present at the attack, secured a booty of $65,000 in gold, -and escaped undetected. - -A party of Vigilantes started in pursuit, but effected nothing at -the time; and it was not till after several months patient work of a -special detective from Montana, that guilt was brought home to the -driver, who was executed by the Denver Committee, on Cherry Creek. -Eventually, it is probable that all of them will be captured, and meet -their just doom. - -The last offenders who were executed by the Vigilance Committee of -Virginia City, were two horse thieves and confessed Road Agents, named, -according to their own account John Morgan and John Jackson alias -Jones. They were, however, of the “alias” tribe. The former was caught -in the act of appropriating a horse in one of the city corrals. He -was an old offender, and on his back were the marks of the whipping -he received in Colorado for committing an unnatural crime. He was a -low, vicious ruffian. His comrade was a much more intelligent man, -and acknowledged the justice of his sentence without any hesitation. -Morgan gave the names and signs of the gang they belonged to, of -which Rattlesnake Dick was the leader. Their lifeless bodies were -found hanging from a hay-frame, leaning over the corral fence at the -slaughter house, on the branch, about half a mile from the city. The -printed manifesto of the Vigilantes was affixed to Morgan’s clothes -with the warning words written across it, “Road Agents, beware!” - -Outrages against person and property are still perpetrated -occasionally, though much less frequently than is usual in settled -countries; and it is to be hoped that regularly administered law will, -for the future, render a Vigilance Committee unnecessary. The power -behind the Throne of Justice stands ready, in Virginia City, to back -the authorities; but nothing except grave public necessity will evoke -its independent action. - -The Vigilance Committee at Helena and at Diamond City, Confederate -Gulch, were occasionally called upon to make examples of irreclaimable, -outlawed vagrants, who having been driven from other localities, -first made their presence known in Montana by robbery or murder; but -as the lives and career of these men were low, obscure and brutal, -the record of their atrocities and punishment would be but a dreary -and uninteresting detail of sordid crime, without even the redeeming -quality of courage or manhood to relieve the narrative. - -The only remarkable case was that of James Daniels, who was arrested -for killing a man named Gartley, with a knife, near Helena. The quarrel -arose during a game of cards. The Vigilantes arrested Daniels and -handed him over to the civil authorities, receiving a promise that he -should be fairly tried and dealt with according to law. In view of -alleged extenuating circumstances, the Jury found a verdict of murder -in the second degree, (manslaughter.) For this crime, Daniels was -sentenced to three years incarceration in the Territorial prison, by -the Judge of the United States Court, who reminded the prisoner of the -extreme lightness of the penalty as compared with that usually affixed -to the crime of manslaughter by the States and Territories of the -West. After a few weeks imprisonment, the culprit, who had threatened -the lives of the witnesses for the prosecution, during the trial, was -set at liberty by a reprieve of the Executive, made under a probably -honest, but entirely erroneous constitution of the law, which vests the -pardoning power in the President only. This action was taken on the -petition of thirty-two respectable citizens of Helena. Daniels returned -at once to the scene of his crime, and renewed his threats against the -witnesses, on his way thither. These circumstances coming to the ears -of some of the Vigilantes, he was arrested and hanged, the same night. - -The wife of Gartley died of a broken heart when she heard of the murder -of her husband. Previous to the prisoner leaving Virginia for Helena, -Judge L. E. Munson went to the capital expressly for the purpose of -requesting the annulling of the reprieve; but this being refused, he -ordered the rearrest, and the Sheriff having reported the fugitive’s -escape beyond his precinct, the Judge returned to Helena with the order -of the Acting-Marshal in his pocket, authorizing his Deputy to rearrest -Daniels. Before he reached town, Daniels was hanged. - -That Daniels morally deserved the punishment he received there can -be no doubt. That, legally speaking, he should have been unmolested, -is equally clear; but when escaped murderers utter threats of murder -against peaceable citizens mountain law is apt to be administered -without much regard to technicalities, and when a man says he is going -to kill any one, in a mining country, it is understood that he means -what he says, and must abide the consequences. Two human beings had -fallen victims to his thirst of blood--the husband and the wife. Three -more were threatened; but the action of the Vigilantes prevented the -commission of the contemplated atrocities. To have waited for the -consummation of his avowed purpose, after what he had done before, -would have been shutting the stable door after the steed was stolen. -The politic and the proper course would have been to arrest him and -hold him for the action of the authorities. - - - - -BIOGRAPHICAL NOTICES OF THE LEADING ROAD AGENTS OF PLUMMER’S BAND, AND -OTHERS. - - - - -CHAPTER XXX. - -HENRY PLUMMER. - - -The following brief sketches of the career of crime which terminated so -fatally for the members of the Road Agent Band, are introduced for the -purpose of showing that they were nearly all veterans in crime before -they reached Montana; and that their organization in this Territory was -merely the culminating of a series of high-handed outrages against the -laws of God and man. - -Henry Plummer, the chief of the Road Agent Band, the narrative of whose -deeds of blood has formed the ground-work of this history, emigrated -to California in 1852. The most contradictory accounts of his place of -birth and the scene of his early days are afloat; upwards of twenty -different versions have been recommended to the author of this work, -each claiming to be the only true one. The most probable is that he -came to the West from Wisconsin. Many believe he was from Boston, -originally; others declare that he was an Englishman by birth, and -came to America when quite young. Be this as it may, it is certain, -according to the testimony of one of his partners in business, that, in -company with Henry Hyer, he opened the “Empire Bakery,” in Nevada City, -California, in the year 1853. - -Plummer was a man of most insinuating address and gentlemanly manners, -under ordinary circumstances, and had the art of ingratiating himself -with men, and even with ladies and women of all conditions. Wherever he -dwelt, victims and mistresses of this wily seducer were to be found. -It was only when excited by passion, that his savage instincts got -the better of him, and that he appeared--in his true colors--a very -demon. In 1856 or 1857, he was elected Marshal of the city of Nevada, -and had many enthusiastic friends. He was re-elected, and received -the nomination of the Democratic party for the Assembly, near the -close of his term of office; but as he raised a great commotion by his -boisterous demeanor, caused by his success, they “threw off on him,” -and elected another man. - -Before the expiration of his official year, he murdered a German named -Vedder, with whose wife he had an intrigue. He was one day prosecuting -his illicit amours, when Vedder came home, and, on hearing his -footsteps, he went out and ordered him back. As the unfortunate man -continued his approach, he shot him dead. For this offense, Plummer -was arrested and tried, first in Nevada, where he was convicted and -sentenced to ten years in the penitentiary; and second, in Yuba county, -on a re-hearing with a change of venue. Here the verdict was confirmed -and he was sent to prison. - -After several months confinement his friends petitioned for his -release, on the alleged ground that he was consumptive, and he was -discharged with a pardon signed by Governor John P. Weller. He then -returned to Nevada, and joined again with Hyer & Co. in the “Lafayette -Bakery.” - -He soon made a bargain with a man named Thompson, that the latter -should run for the office of City Marshal, and, if successful, that he -should resign in Plummer’s favor. The arrangement became public, and -Thompson was defeated. - -Shortly after this, Plummer got into a difficulty in a house of -ill-fame, with a man from San Juan, and struck him heavily on the head -with his pistol. The poor fellow recovered, apparently, but died about -a year and half afterwards from the effect of the blow, according to -the testimony of the physician. - -Plummer went away for a few days, and when the man recovered he -returned, and walked linked with him through the streets. Plummer went -over to Washoe and, joining a gang of Road Agents, he was present at -the attack on Wells & Fargo’s bullion express. He leveled his piece at -the driver, but the barrels fell off the stock, the key being out, and -the driver, lashing his horses into full speed, escaped. - -He stood his trial for this, and, for want of legal proof, was -acquitted. He then returned to Nevada City. - -His next “difficulty” occurred in another brothel where he lived with -a young woman as his mistress, and quarreled with a man named Ryder, -who kept a prostitute in the same dwelling. This victim he killed with -a revolver. He was quickly arrested and lodged in the county jail of -Nevada. It is more than supposed that he bribed his jailor to assist -him in breaking jail. Hitherto, he had tried force; but in this case -fraud succeeded. He walked out in open day. The man in charge, who -relieved another who had gone to his breakfast, declared that he could -not stop him, for he had a loaded pistol in each hand when he escaped. - -The next news was that a desperado named Mayfield had killed Sheriff -Blackburn, whom he had dared to arrest him, by stabbing him to the -heart with his knife. Of course, Mayfield was immediately taken into -custody, and Plummer, who had lain concealed for some time, assisted -him to get out of jail, and the two started for Oregon, in company. -To prevent pursuit, he sent word to the California papers that he and -his comrade had been hanged in Washington Territory, by the citizens, -for the murder of two men. All that he accomplished in Walla Walla -was the seduction of a man’s wife. He joined himself, in Idaho, to -Talbert, alias Cherokee Bob, who was killed at Florence, on account of -his connection with this seduction. Plummer stole a horse, and went on -the road. In a short time, he appeared in Lewiston, and after a week’s -stay, he proceeded, with a man named Ridgley, to Orofino, where he and -his party signalized their arrival by the murder of the owner of the -dancing saloon, during a quarrel. The desperado chief then started for -the Missouri, with the intention of making a trip to the States. The -remainder of his career has been already narrated, and, surely, it -must be admitted that this “perfect gentleman” had labored hard for -the death on the gallows which he received at Bannack, on the 10th of -January, 1864. - -As one instance of the many little incidents that so often change a -man’s destiny, it should be related that when Plummer sold out of -the United States Bakery, to Louis Dreifus, he had plenty of money, -and started for San Francisco, intending to return to the East. It is -supposed that his infatuation for a Mexican courtezan induced him to -forego his design, and return to Nevada City. But for this trifling -interruption, he might never have seen Montana, or died a felon’s -death. The mission of Delilah is generally the same, whether her abode -is the vale of Sorek or the Rocky Mountains. - - - - -CHAPTER XXXI. - - -BOONE HELM. - -This savage and defiant marauder, who died with profanity, blasphemy, -ribaldry and treason on his lips, came to the West from Missouri in the -spring of 1850. He separated from his wife, by whom he had one little -girl, and left his home at Log Branch, Monroe county, having first -packed up all his clothes for the journey. He went towards Paris, and, -on his road thither, called on Littlebury Shoot, for the purpose of -inducing him to go with him, in which he succeeded. - -Boone was, at this time, a wild and reckless character, when inflamed -by liquor, to the immoderate use of which he was much addicted. He -sometimes broke out on a spree, and would ride his horse up the steps -and into the Court House. Having arrived at Paris, Boone tried hard to -persuade Shoot to accompany him to Texas, and it is believed that he -obtained some promise from him to that effect, given to pacify him, he -being drunk at the time, for Shoot immediately afterwards returned home. - -About 9 P. M., Boone came from town to Shoot’s house and woke him up -out of bed. The unfortunate man went out in his shirt and drawers, to -speak with him, and as he was mounted, he stepped on to a stile-block, -placing his hand on his shoulder, conversing with him in a friendly -manner for a few minutes. Suddenly, and without any warning of his -intention, Boone drew his knife and stabbed Shoot to the heart. He fell -instantly, and died before he could be carried into the house. He spoke -only once, requesting to see his wife. The murderer rode off at full -speed. It seems that Boone had quarreled with his wife, and was enraged -with Shoot for not going with him to Texas, and that in revenge for his -disappointment, he committed the murder. Immediate pursuit was made -after the assassin. - -Mr. William Shoot, the brother of the deceased, was at that time living -in the town of Hannibal, and immediately on receipt of the news, he -started in pursuit of the criminal. Boone Helm had, however, forty -miles start of him; but such good speed did the avenger make, that -pursuer and pursued crossed Grand Prairie together, Shoot arriving -at Roachport and Boone Helm at Booneville, within the space of a -few hours. Telegrams descriptive of the fugitive were sent in all -directions, and were altered as soon as it was discovered that the -murderer had changed his clothes. Shoot returned to Paris, and being -determined that Helm should not escape, he bought two horses and hired -Joel Moppen and Samuel Querry to follow him, which commission they -faithfully executed, coming up with their man in the Indian Territory. -They employed an Indian and a Deputy Sheriff to take him, which they -accordingly did. When ordered to surrender, he made an effort to get -at his knife; but when the Sheriff threatened to shoot him dead if -he moved, he submitted. He was brought back, and, by means of the -ingenuity of his lawyers, he succeeded in obtaining a postponement of -his trial. He then applied for a change of venue to a remote county, -and at the next hearing the State was obliged to seek a postponement, -on the ground of the absence of material witnesses. He shortly after -appeared before a Judge newly appointed, and having procured testimony -that his trial had been three times postponed, he was set free, under -the law of the State. - -He came to California and joined himself to the confraternity of -iniquity that then ruled that country. He either killed or assisted -at the killing of nearly a dozen men in the brawls so common at that -time in the western country. In Florence, Idaho Territory, he killed a -German called Dutch Fred, in the winter of 1861-2. The victim had given -him no provocation whatever; it was a mere drunken spree and “shooting -scrape.” - -He also broke jail in Oregon, a squaw with whom he lived furnishing him -with a file for that purpose. He escaped to Carriboo. He was brought -back; but the main witnesses were away when the trial took place, and -the civil authorities were suspected of having substantial reasons -for letting him escape. He was considered a prominent desperado, and -was never known to follow any trade for a living, except that of Road -Agent, in which he was thoroughly versed. - -Helm was a man of medium size, and about forty years old; -hard-featured, and not intelligent looking. It was believed, at -Florence that a relative, known as “Old Tex,” furnished money to clear -him from the meshes of the law, and to send him to this country. If -ever a desperado was all guilt and without a single redeeming feature -in his character, Boone Helm was the man. His last words were: “Kick -away, old Jack; I’ll be in h--l with you in ten minutes. Every man for -his principles--hurrah for Jeff Davis! let her rip.” - - -GEORGE IVES. - -We have only a few words to add to the account already given of this -celebrated robber and murderer. He was raised at Ives’ Grove, Racine -county, Wisconsin, and was a member of a highly respectable family. -It seems that life in the wild West gradually dulled his moral -perceptions; for he entered, gradually, upon the career of crime which -ended at Nevada, M. T. His mother for a long time, believed the account -that he sent to her, about his murder by the hands of Indians, and -which he wrote himself. It is reported that sorrow and death have been -busy among his relatives ever since. - - -BILL BUNTON. - -Followed gambling at his regular calling, at Lewiston, Idaho in the -winter of 1861-2. In the summer of 1862, he shot a man named Daniel -Cagwell, without provocation. There was a general fracas at a ball, -held on Copy-eye creek, near Walla Walla. Bunton was arrested; but made -his escape from the officer, by jumping on a fast horse and riding off -at full speed. - -The first that was afterwards heard of him was that he turned up in -this country. In person, Bunton was a large, good-looking man, about -thirty years of age, and rather intelligent. He had been for some years -on the Pacific coast, where he had lived as a sporting man and saloon -keeper, He was absolutely fearless, but was still addicted to petty -theft, as well as to the greater enormities of Road Agency and murder. -His dying request, it will be remembered, was for a mountain to jump -off, and his last words, as he jumped from the board, “Here goes it.” - -Of Johnny Cooper we have already spoken. A word is necessary concerning -the history of - - -ALICK CARTER - -which forms a strong contrast to the others. It appears that, for -several years this eminent member of Plummer’s band bore an excellent -character in the West. He was a native of Ohio, but followed the -trade of a packer in California and Oregon, maintaining a reputation -for honor and honesty of the highest kind. Large sums of money were -frequently entrusted to his care, for which he accounted to the -entire satisfaction of his employers. He left the “other side” with -an unstained reputation; but falling into evil company in Montana, he -threw off all recollections of better days, and was one of the leading -spirits of the gang of marauders that infested this Territory. It is -sad to think that such a man should have ended his life as a felon, -righteously doomed to death on the gallows. - - -CYRUS SKINNER - -was a saloon-keeper in Idaho, and always bore a bad character. His -reputation for dishonesty was well known, and in this country he was a -blood-thirsty and malignant outlaw, without a redeeming quality. He was -the main plotter of Magruder’s murder. - - -BILL HUNTER. - -Probably not one of those who died for their connection with the Road -Agent Band was more lamented than Hunter. His life was an alternation -of hard, honest work, and gambling. That he robbed and assisted to -murder a Mormon, and that he was a member of the gang, there can be -no doubt; but it is certain that this was generally unknown, and his -usual conduct was that of a kind-hearted man. He had many friends, and -some of them still cherish his memory. He confessed his connection with -the band, and the justness of his sentence just before his death. His -escape from Virginia, through the pickets placed on the night of the -9th of January, 1864, was connived at by some of the Vigilantes, who -could not be made to believe that he was guilty of the crimes laid to -his charge. - - -STEPHEN MARSHLAND - -was a graduate of a college in the States; and, though a Road Agent and -thief, yet he never committed murder, and was averse to shedding blood. -He was wounded in attacking Forbes’ train, and his feet were so far -mortified by frost when he was captured, that the scent attracted the -wolves, and the body had to be watched all night. - -Concerning the rest of the gang, nearly all that is known has already -been related. They were, without exception, old offenders from the -Pacific coast. The “bunch” on Ned Ray’s foot was caused by a wound from -a shot fired at him when escaping from the penitentiary at St. Quentin, -California. This he told, himself, at Bannack. - - -JAMES DANIELS. - -This criminal, the last executed by the Vigilantes, it should be -generally understood, murdered a Frenchman in Tuolumne county, -California, and chased another with a bowie-knife till his strength -gave out. In Helena, he killed Gartley, whose wife died of a -broken-heart at the news; threatened the lives of the witnesses for the -prosecution, and had drawn his knife, and concealed it in his sleeve, -with the intent of stabbing Hugh O’Neil in the back, after the fight -between Orem and Marley, at the Challenge Saloon. He said he “would cut -the heart out of the ----!” when an acquaintance who was watching him, -caught hold of him and told him he was in the wrong crowd to do that. -Daniels renewed his threats when liberated, and was hanged; not because -he was pardoned, but because he was unfit to live in the community. - - - - -CHAPTER XXXIII. - -CONCLUSION. - - -“All’s well that ends well,” says the proverb. Peace, order and -prosperity are the results of the conduct of the Vigilantes; and, in -taking leave of the reader, the author would commend to the sound -sense of the community, the propriety of maintaining, in readiness for -efficient action if needed, the only organization able to cope with -the rampant lawlessness which will always be found in greater or less -amount in mining camps. - -At the same time, let the advice be well understood before it is either -commented upon or followed. Readiness is one thing; intermeddling is -another. Only on occasions of grave necessity should the Vigilantes -let their power be known. Let the civil authority, as it increases in -strength, gradually arrogate to itself the exclusive punishment of -crime. This is what is needed, and what every good citizen must desire; -but let the Vigilantes, with bright arms and renewed ammunition, -stand ready to back the law, and to bulwark the Territory against all -disturbers of its peace, when too strong for legal repression, and when -it fails or is unable to meet the emergency of the hour. Peace and -justice we must have, and it is what the citizens will have in this -community; through the courts, if possible; but peace and justice are -rights, and courts are only means to an end, admittedly the very best -and most desirable means; and if they fail, the people, the republic -that created them, can do their work for them. Above all things, let -the resistless authority of the Vigilantes, whose power reaches from -end to end of Montana, be never exerted except as the result of careful -deliberation, scrupulous examination of fair evidence, and the call of -imperative Necessity; which, as she knows no law, must judge without -it, taking Justice for her counselor and guide. - -Less than three years ago, this home of well ordered industry, progress -and social order, was a den of cut-throats and murderers. Who has -effected the change? The Vigilantes; and there is nothing on their -record for which an apology is either necessary or expedient. Look -at Montana that has a committee; and turn to Idaho, that has none. -Our own peaceful current of Territorial life runs smoothly, and more -placidly, indeed, than the Eastern States, to-day; but in Idaho, one of -their own papers lately asserted that, in one county, sixty homicides -had been committed, without a conviction; and another declares that -the cemeteries are full of the corpses of veterans in crime and their -victims. - -Leave us the power of the people, as a last resort; and, where -governments break down, the citizens will save the State. No man need -be ashamed of his connection with the Virginia Vigilantes. Look at -their record and say it is not a proud one. It has been marvellous that -politics have never intruded into the magic circle; yet so it is, has -been, and probably will be. Men of all ranks, ages, nations, creeds and -politics are among them; and all moves like a clock, as can be seen on -the first alarm. Fortified in the right, and acting in good conscience, -they are “just and fear not.” Their numbers are great; in fact, it is -stated that few good men are not in their ranks, and the presence of -the most respectable citizens makes their deliberation calm, and the -result impartially just. - -In presenting this work to the people, the author knows, full well, -that the great amount of labor bestowed upon it is no recommendation of -its excellence to a public that judges of results and not of processes; -but one thing is sure; so far as extended research and a desire to tell -the truth can effect the credibility of such a narrative, this history -has been indited subject to both these regulations, since the pen of -the writer gave the first chapter to the public. - -If it shall serve to amuse a dull hour, or to inform the residents of -the Eastern States and of other lands of the manners and habits of the -mountaineers, and of the life of danger and excitement that the miners -in new countries have to lead, before peace and order are settled on -an enduring foundation--the author is satisfied. If in any case his -readers are misinformed, it is because he has been himself deceived. - -As a literary production, he will be rejoiced to receive the entire -silence of critics as his best reward. He knows full well what -criticism it deserves, and is only anxious to escape unnoticed. And -now, throwing down his pencil, he heaves a sigh of relief, thankfully -murmuring, “Well, it is done at last.” - - - - -J. M. CASTNER, - -Mayor of Virginia City, - -AND - -JUSTICE OF THE PEACE. - - -Will Attend to all Claims and Collections, - -And also to the preparation of - -Legal Papers, Affidavits, Conveyancing, - -=ACKNOWLEDGMENT OF DEEDS, &c.=, - -And generally to all business entrusted to him by persons out of the -City. - -Office--Over the Idaho Restaurant, two doors from the office of the -Montana Post, Virginia City. - - Virginia City, Montana, October 23, 1866. - - - - -IDAHO - -RESTAURANT! - - Two doors from office of Montana Post, - =VIRGINIA CITY,= - - - =MONTANA.= - - -TABLE ACCOMMODATIONS EQUAL TO BEST IN THE CITY, - -And best of Liquors dispensed at the bar by Jos. McGee. - -ALSO, ACCOMMODATIONS FOR A FEW NIGHT LODGERS - -Good Clean Beds. Charges Moderate. - - Oct. 23, 1866. =J. M. CASTNER, Proprietor.= - - - - -GURNEY & CO.’S BOOTS AND SHOES. - -[Illustration] - -Constantly on hand an immense assortment of the above well known -custom-made - -[Illustration] - -BOOTS & SHOES, - -Mining Boots, English Cap Boots, Light and Heavy Sewed and Pegged Calf -Boots, - -GENTS’ GAITERS, SHOES, SLIPPERS - -and all varieties of Men’s wear. - -LADIES’, MISSES’, BOYS’, & CHILDREN’S - -SHOES, - -BALMORALS & GAITERS. - - -RUBBER BOOTS - -Manufactured expressly for the trade. - -ARCTIC, BUFFALO and RUBBER OVER-SHOES, - -at their old stand, - -Wallace St., Virginia City, M. T. - - =D. H. WESTON.= - - - - -The Tri-Weekly Post! - -PUBLISHED EVERY - -Tuesday, Thursday and Saturday Morning, - -By D. W. Tilton & Co. - - D. W. TILTON, BEN R. DITTES. - -Office, corner Wallace and Jackson Streets, Virginia City, and No. 52 -Bridge Street, Helena. - - -Terms of Subscription: - - One Year, $16 00 - Six Months, 10 00 - Three Months, 6 00 - - - - -The Montana Post - -BOOK and JOB - -PRINTING OFFICE! - -CORNER OF WALLACE AND JACKSON STREETS, - -VIRGINIA CITY, - - MONTANA TERRITORY. - - -ALL KINDS OF FANCY - -AND ORNAMENTAL - -PRINTING, - -Executed with Neatness and Dispatch. - - -We have the latest improved - -POWER PRESSES, - -Together with a large assortment of - -NEW STYLES OF JOB TYPE, - -Which enables us to do work - -_IN BETTER STYLE AND MORE EXPEDITIOUS_ - -Than any other office in the Territory. - - -We have on hand a large stock of - -BUSINESS CARDS! - -Of every style, size and variety. - -To which we invite the attention of all. - - - - -The Montana Weekly Post! - -Virginia City, Montana Ter. - -[Illustration] - -PUBLISHED EVERY SATURDAY, BY - -D. W. Tilton & Co. - - D. W. TILTON, BEN R. DITTES. - - - Office, Corner Wallace and Jackson Streets, - _VIRGINIA CITY, - - - MONTANA_ - - -Terms of Subscription: - - One copy one year, $8 00 - do six months, 5 00 - do three months, 3 50 - - -The POST is issued every Saturday, and contains - -Complete and Reliable Intelligence! - -From every point of the Territory. - -Anything that relates to the Mining and Agricultural interests of -Montana, will always be found in its columns. - -► All persons should send a copy of the Weekly POST to their friends -and relatives in the States. It will be sent from the office of -publication to any address. - - - - -Transcriber’s Notes - -Minor errors or omissions in punctuation have been fixed. - -Page 6: “sojurn in the gulches” changed to “sojourn in the gulches” and -“sedate inhabiants” changed to “sedate inhabitants” - -Page 8: “source of “difficulites,”” changed to “source of -“difficulties,”” - -Page 11: “deringer” changed to “derringer” and “all prevading” changed -to “all pervading” - -Page 14: “ruffians and marauder” changed to “ruffians and marauders” - -Page 20: “under the serveillance” changed to “under the -surveillance” - -Page 25: “was jound naked” changed to “was found naked” - -Page 31: “unfortnuate pair” changed to “unfortunate pair” and -“preceeding them” changed to “preceding them” - -Page 33: “to strike to the” changed to “to strike to thee” - -Page 34: “devine origin” changed to “divine origin” - -Page 37: “Friends, however, interferred” changed to “Friends, however, -interfered” - -Page 38: “to wary to fall” changed to “too wary to fall” and “sieze -hold of them” changed to “seize hold of them” - -Page 41: “assassinnation was” changed to “assassination was” - -Page 42: “lover of whiskey” changed to “love of whiskey” - -Page 46: “twelve o’clock M.” changed to “twelve o’clock P. M.” “would -be enable” changed “to would be enabled” - -Page 47: “wollen scarf” changed to “woolen scarf” - -Page 48: “double-barrell” changed to “double-barrel” - -Page 53: “wandered what had become” changed to “wondered what had -become” - -Page 55: “ows its euphonious appellation” changed to “owes its -euphonious appellation” - -Page 56: “seasonable conviction” changed to “reasonable conviction” - -Page 58: “two Road Agent” changed to “two Road Agents” - -Page 59: “You’r the man” changed to “You’re the man” - -Page 61: “tremenduous roar” changed to “tremendous roar” - -Page 69: “friends, sweetharts” changed to “friends, sweethearts” - -Page 70: “burry Dillingham” changed to “bury Dillingham” - -Page 76: “of coarse” changed to “of course” - -Page 77: “eithers of the robbers” changed to “either of the robbers” - -Page 78: “the milenium” changed to “the millennium” - -Page 80: “ceasless and active wickedness” changed to “ceaseless and -active wickedness” - -Page 82: “embryo or the order” changed to “embryo of the order” - -Page 83: “Demsey’s Ranch” changed to “Dempsey’s Ranch” and “emergining -half drowned” changed to “emerging half drowned” - -Page 86: “little experience prevent” changed to “little experience -prevented” - -Page 89: “far to astute” changed to “far too astute” and “befor Ives” -changed to “before Ives” - -Page 93: “exhile from Montana” changed to “exile from Montana” - -Page 94: “acqueous sympathy” changed to “aqueous sympathy” - -Page 96: “was ubiquitious” changed to “was ubiquitous” - -Page 102: “to strong for” changed to “too strong for” “one of the -crisis” changed to “one of the crises” “they were to strong” changed to -“they were too strong” - -Page 104: “matters to extremeties” changed to “matters to extremities” -and “simpathies of all men” changed to “sympathies of all men” - -Page 105: “possossion of a citizen” changed to “possession of a -citizen” “Romain said” changed to “Romaine said” - -Page 111: “enlivend the spirits” changed to “enlivened the spirits” - -Page 114: “his quondom” changed to “his quondam” - -Page 116: “calm and quite” changed to “calm and quiet” “lantarn and -some stools” changed to “lantern and some stools” - -Page 117: “A lable” changed to “A label” - -Page 120: “there red perplexity” changed to “there read perplexity” - -Page 121: “the of charge” changed to “of the charge”, “to accouut” -changed to “to account” and “caused alleged received” changed to “cause -alleged received” - -Page 124: “Dueth John” changed to “Dutch John” and “close wacth” -changed to “close watch” - -Page 128: “chained own” changed to “chained down” and “without much -strugle” changed to “without much struggle” - -Page 130: “preceeding chapters” changed to “preceding chapters” - -Page 134: “for repentence” changed to “for repentance” - -Page 139: “addressed a gentlman” changed to “addressed a gentleman” and -“Arbor Resturant” changed to “Arbor Restaurant” - -Page 141: “hung in pnblic” changed to “hung in public” - -Page 144: “dis dying regards” changed to “his dying regards” and “to -hang to long” changed to “to hang too long” - -Page 147: “GEROGE SHEARS” changed to “GEORGE SHEARS” - -Page 149: “instantly siezed” changed to “instantly seized” - -Page 150: “two hundred and fity” changed to “two hundred and fifty” - -Page 154: “its perpetratration” changed to “its perpetration” and -“Magruder” changed to “Mugruder” - -Page 159: “the neighberhood” changed to “the neighborhood” - -Page 161: “therunto belonging” changed to “thereunto belonging” - -Page 162: “off the trial” changed to “off the trail” - -Page 163: “have forgotton” changed to “have forgotten” - -Page 164: “to hard” changed to “too hard”, “six time” changed to “six -times” and “had everything been manged” changed to “had everything been -managed” - -Page 171: “what was intendend” changed to “what was intended” - -Page 173: “seemed imposssible” changed to “seemed impossible” - -Page 175: “his enemey” changed to “his enemy” - -Page 178: “if ho” changed to “if he” - -Page 179: “attendeant surgeons” changed to “attendant surgeons” - -Page 185: “rode of with him” changed to “rode off with him” “regailing -themselves” changed to “regaling themselves” - -Page 186: “unanimously condemed” changed to “unanimously condemned” -“wagon-boss order them” changed to “wagon-boss ordered them” - -Page 187: “burry him” changed to “bury him” - -Page 193: “impared his usefulness” changed to “impaired his usefulness” - -Page 195: “diggins struck” changed to “diggings struck” - -Page 196: “overpower by superior” changed to “overpowered by superior” - -Page 197: “I am the gentlemen.” changed to “I am the gentleman.” - -Page 207: “consciense oppressed” changed to “conscience oppressed” - -Page 209: “loose his brains” changed to “lose his brains” - -Page 217: “eroneous constitution” changed to “erroneous constitution” - -Page 218: “been recommeded” changed to “been recommended” - -Page 220: “sdeuction of” changed to “seduction of” - -Page 222: “came to Calfornia” changed to “came to California” - -Page 223: “believed the accoent” changed to “believed the account” - -Page 224: “gang of mauraders” changed to “gang of marauders” - -Page 225: “caused a by wound” changed to “caused by a wound” and “In -Helana,” changed to “In Helena,” - -There are two chapters labeled XII in the original and no chapter -labeled XXXII. This has not been changed. - -For a portion of the original book, Aleck Carter’s first name was -spelled Alick. This has been fixed to reduce confusion. - -*** END OF THE PROJECT GUTENBERG EBOOK THE VIGILANTES OF MONTANA *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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J. Dimsdale</p> -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: The vigilantes of Montana</p> -<p style='display:block; margin-left:2em; text-indent:0; margin-top:0; margin-bottom:1em;'>Or, popular justice in the Rocky Mountains</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Thos. J. Dimsdale</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: May 21, 2022 [eBook #68146]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Steve Mattern and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE VIGILANTES OF MONTANA ***</div> - - - -<h1> <span class="small">THE</span><br /> - VIGILANTES OF MONTANA,</h1> - -<p class="center small"> OR</p> - -<p class="center"> <span class="big">POPULAR JUSTICE</span><br /> - <span class="small">IN THE</span><br /> -<span class="big">ROCKY MOUNTAINS.</span></p> - -<p class="center small p2"> BEING A CORRECT AND IMPARTIAL NARRATIVE OF THE - CHASE, TRIAL, CAPTURE AND EXECUTION OF</p> - -<p class="center big"> HENRY PLUMMER’S<br /> - ROAD AGENT BAND,</p> - -<p class="center small p2"> TOGETHER WITH ACCOUNTS OF THE LIVES AND CRIMES OF - MANY OF THE ROBBERS AND DESPERADOES, THE WHOLE - BEING INTERSPERSED WITH SKETCHES OF LIFE IN THE</p> - -<p class="center big"> MINING CAMPS OF THE “FAR WEST;”</p> - -<p class="center small p2"> Forming the only reliable work on the subject ever offered the public.</p> - -<p class="center"> <span class="smcap">By</span> <abbr title="Professor">PROF.</abbr> <abbr title="Thomas">THOS.</abbr> J. DIMSDALE.</p> -<hr class="r5" /> - -<p class="center small"> VIRGINIA CITY, <abbr title="Montana">M. T.</abbr>:<br /> - MONTANA POST PRESS, D. W. TILTON & <abbr title="company">CO.</abbr>, BOOK AND JOB PRINTERS.<br /> - 1866. -</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - - -<p class="center bt bb"> -Entered according to Act of Congress, in the year 1865,<br /> -By THOS. J. DIMSDALE,<br /> -In the Clerk’s Office of the 1st Judicial District of<br /> -Montana Territory. -</p></div> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_iii">[Pg iii]</span></p> - -<h2 class="nobreak" id="PREFACE">PREFACE.</h2> -</div> - - -<p>The object of the writer in presenting this narrative to the public, -is twofold. His intention is, in the first place, to furnish a correct -history of an organization administering justice without the sanction -of constitutional law; and secondly, to prove not only the necessity -for their action, but the equity of their proceedings.</p> - -<p>Having an intimate acquaintance with parties cognizant of the facts -related, and feeling certain of the literal truth of the statements -contained in this history, he offers it to the people of the United -States, with the belief that its perusal will greatly modify the views -of those even who are most prejudiced against the summary retribution -of mountain law, and with the conviction that all honest and impartial -men will be willing to admit both the wisdom of the course pursued and -the salutary effect of the rule of the Vigilantes in the Territory of -Montana.</p> - -<p>It is also hoped that the history of the celebrated body, the very -mention of whose name sounded as a death-knell in the ears of the -murderers and<span class="pagenum" id="Page_iv">[Pg iv]</span> Road Agents, will be edifying and instructive to -the general reader. The incidents related are neither trivial in -themselves, nor unimportant in their results; and, while rivaling -fiction in interest, are unvarnished accounts of transactions, whose -fidelity can be vouched by thousands.</p> - -<p>As a literary production, the author commits it to the examination -of the critical without a sigh. If any of these author-slayers are -inclined to be more severe in their judgment than he is himself, he -trusts they will receive the reward to which their justice entitles -them; and if they should pass it by, he cannot but think that they will -exercise a sound discretion, and avoid much useless labor. With all its -imperfections, here it is.</p> - -<p class="right"> -<span class="smcap">Thos. J. Dimsdale.</span><br /> -</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_5">[Pg 5]</span></p> - -<h2 class="nobreak" id="CHAPTER_I">CHAPTER I.<br /><span class="small"><span class="smcap">Introductory—Vigilance Committees.</span></span></h2> -</div> - - - -<p class="poetry"><i>“The teeth that bite hardest are out of sight.”</i>—<span class="smcap">Prov.</span></p> - - -<p>The end of all good government is the safety and happiness of the -governed. It is not possible that a high state of civilization and -progress can be maintained unless the tenure of life and property is -secure; and it follows that the first efforts of a people in a new -country for the inauguration of the reign of peace, the sure precursor -of prosperity and stability, should be directed to the accomplishment -of this object. In newly settled mining districts, the necessity for -some effective organization of a judicial and protective character is -more keenly felt than it is in other places, where the less exciting -pursuits of agriculture and commerce mainly attract the attention and -occupy the time of the first inhabitants.</p> - -<p>There are good reasons for this difference. The first is the entirely -dissimilar character of the populations; and the second, the possession -of vast sums of money by uneducated and unprincipled people, in all -places where the precious metals may be obtained at the cost of the -labor necessary to exhume them from the strata in which they lie -concealed.</p> - -<p>In an agricultural country, the life of the pioneer settler is always -one of hard labor, of considerable privation, and of more or less -isolation, while the people who seek to clear a farm in the wild -forest, or who break up the virgin soil of the prairies are usually of -the steady and hard-working classes, needing little assistance from -courts of justice to enable them to maintain rights which are seldom -invaded; and whose differences, in the early days of the country, are, -for the most part, so slight as to be scarcely worth the cost of a -litigation more complicated than a friendly and, usually, gratuitous, -arbitration—submitted to the judgment of the most respected among the -citizens.</p> - -<p><span class="pagenum" id="Page_6">[Pg 6]</span></p> - -<p>In marked contrast to the peaceful life of the tiller of the soil, and -to the placid monotony of his pursuits are the turbulent activity, the -constant excitement and the perpetual temptations to which the dweller -in a mining camp is subject, both during his sojourn in the gulches, -or, if he be given to prospecting, in his frequent and unpremeditated -change of location, commonly called a “stampede.” There can scarcely be -conceived a greater or more apparent difference than exists between the -staid and sedate inhabitants of rural districts, and the motley group -of miners, professional men and merchants, thickly interspersed with -sharpers, refugees, and a full selection from the dangerous classes -that swagger, armed to the teeth, through the diggings and infest the -roads leading to the newly discovered gulches, where lies the object of -their worship—Gold.</p> - -<p>Fortunately the change to a better state of things is rapid, and none -who now walk the streets of Virginia would believe that, within two -years of this date, the great question to be decided was, which was the -stronger, right or might?</p> - -<p>And here it must be stated, that the remarks which truth compels us -to make, concerning the classes of individuals which furnish the law -defying element of mining camps, are in no wise applicable to the -majority of the people, who, while exhibiting the characteristic energy -of the American race in the pursuit of wealth, yet maintain, under -every disadvantage, an essential morality, which is the more creditable -since it must be sincere, in order to withstand the temptations to -which it is constantly exposed. “Oh, cursed thirst of gold,” said the -ancient, and no man has even an inkling of the truth and force of the -sentiment, till he has lived where gold and silver are as much the -objects of desire, and of daily and laborious exertion, as glory and -promotion are to the young soldier. Were it not for the preponderance -of this conservative body of citizens, every camp in remote and -recently discovered mineral regions would be a field of blood; and -where this is not so, the fact is proof irresistible that the good is -in sufficient force to control the evil, and eventually to bring order -out of chaos.</p> - -<p>Let the reader suppose that the police of New York were<span class="pagenum" id="Page_7">[Pg 7]</span> withdrawn for -twelve months, and then let them picture the wild saturnalia which -would take the place of the order that reigns there now. If, then, -it is so hard to restrain the dangerous classes of old and settled -communities, what must be the difficulty of the task, when, tenfold in -number, fearless in character, generally well armed, and supplied with -money to an extent unknown among their equals in the east, such men -find themselves removed from the restraints of civilized society, and -beyond the control of the authority which there enforces obedience to -the law.</p> - -<p>Were it not for the sterling stuff of which the mass of miners is -made, their love of fair play, and their prompt and decisive action -in emergencies, this history could never have been written, for -desperadoes of every nation would have made this country a scene of -bloodshed and a sink of iniquity such as was never before witnessed.</p> - -<p>Together with so much that is evil, no where is there so much that -is sternly opposed to dishonesty and violence as in the mountains; -and though careless of externals and style, to a degree elsewhere -unknown, the intrinsic value of manly uprightness is no where so -clearly exhibited and so well appreciated as in the Eldorado of the -west. Middling people do not live in these regions. A man or a woman -becomes better or worse by a trip towards the Pacific. The keen eye of -the experienced miner detects the imposter at a glance, and compels -his entire isolation, or his association with the class to which he -rightfully belongs.</p> - -<p>Thousands of weak-minded people return, after a stay in the mountains, -varying in duration from a single day to a year, leaving the field -where only the strong of heart are fit to battle with difficulty, and -to win the golden crown which is the reward of persevering toil and -unbending firmness. There is no man more fit to serve his country in -any capacity requiring courage, integrity, and self-reliance, than -an “honest miner,” who has been tried and found true by a jury of -mountaineers.</p> - -<p>The universal license that is, at first, a necessity of position -in such places, adds greatly to the number of crimes, and to the -facilities for their perpetration. Saloons, where poisonous liquors -are vended to all comers, and consumed in quantities<span class="pagenum" id="Page_8">[Pg 8]</span> sufficient to -drive excitable men to madness and to the commission of homicide, on -the slightest provocation, are to be found in amazing numbers, and the -villainous compounds there sold, under the generic name of whiskey, -are more familiarly distinguished by the cognomens of “Tangle-leg,” -“Forty-rod,” “Lightning,” “Tarantula-juice,” etc., terms only too truly -describing their acknowledged qualities.</p> - -<p>The absence of good female society, in any due proportion to the -numbers of the opposite sex, is likewise an evil of great magnitude; -for men become rough, stern and cruel, to a surprising degree, under -such a state of things.</p> - -<p>In every frequent street, public gambling houses with open doors and -loud music, are resorted to, in broad daylight, by hundreds—it might -almost be said—of all tribes and tongues, furnishing another fruitful -source of “difficulties,” which are commonly decided on the spot, by -an appeal to brute force, the stab of a knife, or the discharge of a -revolver. Women of easy virtue are to be seen promenading through the -camp, habited in the gayest and most costly apparel, and receiving -fabulous sums for their purchased favors. In fact, all the temptations -to vice are present in full display, with money in abundance to secure -the gratification of the desire for novelty and excitement, which is -the ruling passion of the mountaineer.</p> - -<p>One “institution,” offering a shadowy and dangerous substitute for more -legitimate female association, deserves a more peculiar notice. This is -the “Hurdy-Gurdy” house. As soon as the men have left off work, these -places are opened, and dancing commences. Let the reader picture to -himself a large room, furnished with a bar at one end—where champagne -at $12 (in gold) per bottle, and “drinks” at twenty-five to fifty -cents, are wholesaled, (correctly speaking)—and divided, at the end of -this bar, by a railing running from side to side. The outer enclosure -is densely crowded (and, on particular occasions, the inner one also) -with men in every variety of garb that can be seen on the continent. -Beyond the barrier, sit the dancing women, called “hurdy-gurdies,” -sometimes dressed in uniform, but, more generally, habited according -to the dictates of individual<span class="pagenum" id="Page_9">[Pg 9]</span> caprice, in the finest clothes that -money can buy, and which are fashioned in the most attractive styles -that fancy can suggest. On one side is a raised orchestra. The music -suddenly strikes up, and the summons, “Take your partners for the next -dance,” is promptly answered by some of the male spectators, who paying -a dollar in gold for a ticket, approach the ladies’ bench, and—in -style polite, or otherwise, according to antecedents—invite one of the -ladies to dance.</p> - -<p>The number being complete, the parties take their places, as in any -other dancing establishment, and pause for the performance of the -introductory notes of the air.</p> - -<p>Let us describe a first class dancer—“sure of a partner every -time”—and her companion. There she stands at the head of the set. She -is of middle height, of rather full and rounded form; her complexion as -pure as alabaster, a pair of dangerous looking hazel eyes, a slightly -Roman nose, and a small and prettily formed mouth. Her auburn hair is -neatly banded and gathered in a tasteful, ornamented net, with a roll -and gold tassels at the side. How sedate she looks during the first -figure, never smiling till the termination of “promenade, eight,” when -she shows her little white hands in fixing her handsome brooch in -its place, and settling her glistening ear-rings. See how nicely her -scarlet dress, with its broad black band round the skirt, and its black -edging, sets off her dainty figure. No wonder that a wild mountaineer -would be willing to pay—not one dollar, but all that he has in his -purse, for a dance and an approving smile from so beautiful a woman.</p> - -<p>Her cavalier stands six feet in his boots, which come to the knee, and -are garnished with a pair of Spanish spurs, with rowels and bells like -young water wheels. His buckskin leggings are fringed at the seams, -and gathered at the waist with a U. S. belt, from which hangs his -loaded revolver and his sheath knife. His neck is bare, muscular and -embrowned by exposure, as is also his bearded face, whose sombre hue is -relieved by a pair of piercing dark eyes. His long, black hair hangs -down beneath his wide felt hat, and, in the corner of his mouth, is -a cigar, which rolls like the lever of an eccentric, as he chews the -end in his mouth.<span class="pagenum" id="Page_10">[Pg 10]</span> After an amazingly grave salute, “all hands round” -is shouted by the prompter, and off bounds the buckskin hero, rising -and falling to the rhythm of the dance, with a clumsy agility and a -growing enthusiasm, testifying his huge delight. His fair partner, with -practiced foot and easy grace, keeps time to the music like a clock, -and rounds to her place as smoothly and gracefully as a swan. As the -dance progresses, he of the buckskins gets excited, and nothing but -long practice prevents his partner from being swept off her feet, at -the conclusion of the miner’s delight, “set your partners,” or “gents -to the right.” An Irish tune or a hornpipe generally finishes the set, -and then the thunder of heel and toe, and some amazing demivoltes -are brought to an end by the aforesaid, “gents to the right,” and -“promenade to the bar,” which last closes the dance. After a treat, -the bar-keeper mechanically raps his blower as a hint to “weigh out,” -the ladies sit down, and with scarcely an interval, a waltz, polka, -shottische, mazurka, varsovienne, or another quadrille commences.</p> - -<p>All varieties of costume, physique and demeanor can be noticed among -the dancers—from the gayest colors and “loudest” styles of dress and -manner, to the snugly fitted black silk, and plain, white collar, which -sets off the neat figure of the blue-eyed, modest looking Anglo-Saxon. -Yonder, beside the tall and tastily clad German brunette, you see -the short curls, rounded tournure and smiling face of an Irish girl; -indeed, representatives of almost every dancing nation of white folks, -may be seen on the floor of the Hurdy-Gurdy house. The earnings of the -dancers are very different in amount. That dancer in the low necked -dress, with the scarlet “waist,” a great favorite and a really good -dancer, counted fifty tickets into her lap before “The last dance, -gentlemen,” followed by, “Only this one before the girls go home,” -which wound up the performance. Twenty-six dollars is a great deal of -money to earn in such a fashion; but fifty sets of quadrilles and four -waltzes, two of them for the love of the thing, is very hard work.</p> - -<p>As a rule, however, the professional “hurdies” are Teutons, and, though -first rate dancers, they are, with some few exceptions, the reverse of -good looking.</p> - -<p><span class="pagenum" id="Page_11">[Pg 11]</span></p> - -<p>The dance which is most attended, is one in which ladies to whom -pleasure is dearer than fame, represent the female element, and, as may -be supposed, the evil only <span class="allsmcap">COMMENCES</span> at the Dance House. It -is not uncommon to see one of these syrens with an “outfit” worth from -seven to eight hundred dollars, and many of them invest with merchants -and bankers thousands of dollars in gold, the rewards and presents they -receive, especially the more highly favored ones, being more in a week, -than a well educated girl would earn in two years in an Eastern city.</p> - -<p>In the Dance House you can see Judges, the Legislative corps, and -every one but the Minister. He never ventures further than to engage -in conversation with a friend at the door, and while intently watching -the performance, lectures on the evil of such places with considerable -force; but his attention is evidently more fixed upon the dancers than -on his lecture. Sometimes may be seen gray haired men dancing, their -wives sitting at home in blissful ignorance of the proceeding. There -never was a dance house running, for any length of time, in the first -days of a mining town, in which “shooting scrapes” do not occur; equal -proportions of jealousy, whiskey and revenge being the stimulants -thereto. Billiard saloons are everywhere visible, with a bar attached, -and hundreds of thousands of dollars are spent there. As might be -anticipated, it is impossible to prevent quarrels in these places, at -all times, and, in the mountains, whatever weapon is handiest—foot, -fist, knife, revolver, or derringer—it is instantly used. The -authentic, and, indeed, <span class="allsmcap">LITERALLY</span> exact accounts which follow -in the course of this narrative will show that the remarks we have made -on the state of society in a new mining country, before a controlling -power asserts its sway, are in no degree exaggerated, but fall short of -the reality, as all description must.</p> - -<p>One marked feature of social intercourse, and (after indulgence in -strong drink) the most fruitful source of quarrel and bloodshed is the -all pervading custom of using strong language on every occasion. Men -will say more than they mean, and the unwritten code of the miners, -based on a wrong view of what constitutes manhood, teaches them to -resent by force which should be answered by silent contempt.</p> - -<p><span class="pagenum" id="Page_12">[Pg 12]</span></p> - -<p>Another powerful incentive to wrong doing is the absolute nullity of -the civil law in such cases. No matter what may be the proof, if the -criminal is well liked in the community, “Not Guilty” is almost certain -to be the verdict of the jury, despite the efforts of the Judge and -prosecutor. If the offender is a monied man, as well as a popular -citizen, the trial is only a farce—grave and prolonged, it is true -but capable of only one termination—a verdict of acquittal. In after -days, when police magistrates in cities can deal with crime, they do -so promptly. Costs are absolutely frightful, and fines tremendous. An -assault provoked by drunkenness, frequently costs a man as much as -thrashing forty different policemen would do, in New York. A trifling -“tight” is worth from $20 to $50 in dust, all expenses told, and so on. -One grand jury that we wot of, presented that it would be better to -leave the punishment of offenders to the Vigilantes, who always acted -impartially, and who would not permit the escape of proved criminals -on technical and absurd grounds—than to have justice defeated, as -in a certain case named. The date of that document is not ancient, -and though, of course, refused and destroyed, it was the deliberate -opinion, on oath, of the Grand Inquest, embodying the sentiment of -thousands of good citizens in the community.</p> - -<p>Finally, swift and terrible retribution is the only preventive of -crime, while society is organizing in the far West. The long delay of -justice, the wearisome proceedings, the remembrance of old friendships, -etc., create a sympathy for the offender, so strong as to cause a -hatred of the avenging law, instead of inspiring a horror of the crime. -There is something in the excitement of continued stampedes that makes -men of quick temperaments uncontrollably impulsive. In the moment of -passion, they would slay all round them; but let the blood cool, and -they would share their last dollar with the men whose life they sought, -a day or two before.</p> - -<p>Habits of thought rule communities more than laws, and the settled -opinion of a numerous class is, that calling a man a liar, a thief, -or a son of a b——h is provocation sufficient to justify instant -slaying. Juries do not ordinarily bother themselves about the lengthy -instruction they hear read by<span class="pagenum" id="Page_13">[Pg 13]</span> the court. They simply consider whether -the deed is a crime against the Mountain Code; and if not, “not guilty” -is the verdict, at once returned. Thieving, or any action which a miner -calls <span class="allsmcap">MEAN</span>, will surely be visited with condign punishment, -at the hands of a Territorial jury. In such cases mercy there is none; -but, in affairs of single combats, assaults, shootings, stabbings, and -highway robberies, the civil law, with its positively awful expense and -delay, is worse than useless.</p> - -<p>One other main point requires to be noticed. Any person of experience -will remember that the universal story of criminals, who have expiated -their crimes on the scaffold, or who are pining away in the hardships -of involuntary servitude—tells of habitual Sabbath breaking. This sin -is so general in newly discovered diggings in the mountains, that a -remonstrance usually produced no more fruit than a few jocular oaths -and a laugh. Religion is said to be “played out,” and a professing -Christian must keep straight, indeed, or he will be suspected of being -a hypocritical member of a tribe, to whom it would be very disagreeable -to talk about hemp.</p> - -<p>Under these circumstances, it becomes an absolute necessity that -good, law-loving, and order-sustaining men should unite for mutual -protection, and for the salvation of the community. Being united, -they must act in harmony; repress disorder; punish crime, and prevent -outrage, or their organization would be a failure from the start, and -society would collapse in the throes of anarchy. None but extreme -penalties inflicted with promptitude, are of any avail to quell the -spirit of the desperadoes with whom they have to contend; considerable -numbers are required to cope successfully with the gangs of murderers, -desperadoes and robbers, who infest mining countries, and who, though -faithful to no other bond, yet all league willingly against the law. -Secret they must be, in council and membership, or they will remain -nearly useless for the detection of crime, in a country where equal -facilities for the transmission of intelligence are at the command of -the criminal and the judiciary; and an organization on this footing is -a <span class="smcap">Vigilance Committee</span>.</p> - -<p>Such was the state of affairs, when five men in Virginia, and four in -Bannack, initiated the movement which resulted<span class="pagenum" id="Page_14">[Pg 14]</span> in the formation of -a tribunal, supported by an omnipresent executive, comprising within -itself nearly every good man in the Territory, and pledged to render -impartial justice to friend and foe, without regard to clime, creed, -race or politics. In a few short weeks it was known that the voice of -justice had spoken, in tones that might not be disregarded. The face -of society was changed, as if by magic; for the Vigilantes, holding in -one hand the invisible, yet effectual shield of protection, and in the -other, the swift descending and inevitable sword of retribution, struck -from his nerveless grasp the weapon of the assassin; commanded the -brawler to cease from strife; warned the thief to steal no more; bade -the good citizen take courage, and compelled the ruffians and marauders -who had so long maintained the “reign of terror” in Montana, to fly the -Territory, or meet the just rewards of their crimes. Need we say that -they were at once obeyed? yet not before more than one hundred valuable -lives had been pitilessly sacrificed and twenty-four miscreants had met -a dog’s doom as the reward of their crimes.</p> - -<p>To this hour, the whispered words, “Virginia Vigilantes,” would -blanch the cheek of the wildest and most redoubtable desperado, and -necessitate an instant election between flight and certain doom.</p> - -<p>The administration of the lex talionis by self-constituted authority -is, undoubtedly, in civilized and settled communities, an outrage on -mankind. It is there, wholly unnecessary; but the sight of a few of the -mangled corpses of beloved friends and valued citizens; the whistle of -the desperado’s bullet, and the plunder of the fruits of the patient -toil of years spent in weary exile from home, in places where civil -law is as powerless as a palsied arm, from sheer lack of ability to -enforce its decrees—alter the basis of the reasoning, and reverse the -conclusion. In the case of the Vigilantes of Montana, it must be also -remembered that the Sheriff himself was the leader of the Road Agents, -and his deputies were the prominent members of the band.</p> - -<p>The question of the propriety of establishing a Vigilance Committee, -depends upon the answers which ought to be given to the following -queries: Is it lawful for citizens to<span class="pagenum" id="Page_15">[Pg 15]</span> slay robbers or murderers, when -they catch them; or ought they to wait for policemen, where there are -none, or put them in penitentiaries not yet erected?</p> - -<p>Gladly, indeed, we feel sure, would the Vigilantes cease from their -labor, and joyfully would they hail the advent of power, civil -or military, to take their place; but, till this is furnished by -Government, society must be preserved from demoralization and anarchy; -murder, arson and robbery must be prevented or punished, and road -agents must die. Justice, and protection from wrong to person or -property, are the birth-right of every American citizen, and these must -be furnished in the best and most effectual manner that circumstances -render possible. Furnished, however, they must be by constitutional -law, undoubtedly, wherever practical and efficient provision can be -made for its enforcement. But where justice is powerless as well as -blind; the strong arm of the mountaineer must wield her sword; for -“self preservation is the first law of nature.”</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_II">CHAPTER II.<br /><span class="small">THE SUNNY SIDE OF MOUNTAIN LIFE.</span></h2> -</div> - -<p class="poetry"> -<span style="margin-left: 1em;">“The friends thou hast, and their adoption tried,</span><br /> -<span style="margin-left: 1em;">Grapple them to thy soul with hooks of steel.”—<span class="smcap">Shaks.</span></span><br /> -</p> - - -<p>In the preceding chapter, it was necessary to show to the reader the -dark side of the cloud; but it has a golden lining, and though many -a cursory observer, or disappointed speculator, may deny this fact, -yet thousands have seen it, and know to their heart’s content that it -is there. Yes! Life in the mountains has many charms. The one great -blessing is perfect freedom. Untrammelled by the artificial restraints -of more highly organized society, character developes<span class="pagenum" id="Page_16">[Pg 16]</span> itself so -fully and so truly, that a man who has a friend, knows it, and there -is a warmth and depth in the attachment which unites the dwellers -in the wilderness, that is worth years of the insipid and uncertain -regard of so-called, polite circles, which, too often, passes by the -name of friendship, and, sometimes, insolently apes the attributes, -and dishonors the fame of love itself. Those who have slept at the -same watch-fire, and traversed together many a weary league, sharing -hardship and privations, are drawn together by ties which civilization -wots not of. Wounded or sick, far from home, and depending for life -itself, upon the ministration and tender care of some fellow traveller, -the memory of these deeds of mercy and kindly fellowship often mutually -rendered, is as an oasis in the desert, or as a crystal stream to the -fainting pilgrim.</p> - -<p>As soon as towns are built, society commences to organize, and there -is something truly cheering in the ready hospitality, the unfeigned -welcome, and the friendly toleration of personal peculiarities which -mark the intercourse of the dwellers in the land of gold. Every one -does what pleases him best. Forms and ceremonies are at a discount, and -generosity has its home in the pure air of the Rocky Mountains. This -virtue, indeed, is as inseparable from mountaineers of all classes, -as the pick and shovel from the prospector. When a case of real -destitution, is made public, if any well known citizens will but take -a paper in his hand and go round with it, the amount collected would -astonish a dweller in Eastern cities, and it is a fact that gamblers -and saloon keepers are the very men who subscribe the most liberally. -Mountaineers think little of a few hundreds of dollars, when the -feelings are engaged, and the number of instances in which men have -been helped to fortunes and presented with valuable property by their -friends, is truly astonishing.</p> - -<p>The Mountains also may be said to circumscribe and bound the paradise -of amiable and energetic women. For their labor they are paid -magnificently, and they are treated with a deference and liberality -unknown in other climes. There seems to be a law, unwritten but -scarcely ever transgressed, which assigns to a virtuous and amiable -woman, a<span class="pagenum" id="Page_17">[Pg 17]</span> power for good which she can never hope to attain elsewhere. -In his wildest excitement, a mountaineer respects a woman, and anything -like an insult offered to a lady, would be instantly resented, -probably with fatal effect, by any bystander. Dancing is the great -amusement with persons of both sexes, and we might say, of all ages. -The comparative disproportion between the male and female elements of -society, ensures the possessor of personal charms of the most ordinary -kind, if she be good natured, the greatest attention, and the most -liberal provision for her wants, whether real or fancied.</p> - -<p>If two men are friends, an insult to one is resented by both, an -alliance offensive and defensive being a necessary condition of -friendship in the mountains. A popular citizen is safe everywhere, and -any man may be popular that has anything useful or genial about him.</p> - -<p>“Putting on style,” or the assumption of aristocratic airs, is the -detestation of everybody. No one but a person lacking sense attempts -it. It is neither forgotten nor forgiven, and <span class="allsmcap">KILLS</span> a man -like a bullet. It should also be remembered that no people more admire -and respect upright moral conduct, than do the sojourners in mining -camps, while at the same time none more thoroughly despise hypocrisy -in any shape. In fact, good men and good women may be as moral and as -religious as they choose to be, in the mining countries, and as happy -as human beings can be. Much they will miss that they have been used -to, and much they will receive that none offered them before.</p> - -<p>Money is commonly plentiful; if prices are high, remuneration for work -is liberal, and, in the end, care and industry will achieve success and -procure competence. We have travelled far and seen much of the world, -and the result of our experience is a love for our mountain home, that -time and change of scene can never efface.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_18">[Pg 18]</span></p> - -<h2 class="nobreak" id="CHAPTER_III">CHAPTER III.<br /><span class="small">SETTLEMENT OF MONTANA.</span></h2> -</div> - -<p class="poetry"> -<span style="margin-left: 1em;">“I hear the tread of pioneers,</span><br /> -<span style="margin-left: 2em;">Of nations yet to be;</span><br /> -<span style="margin-left: 1em;">The first low wash of waves, where soon</span><br /> -<span style="margin-left: 2em;">Shall roll a human sea.”—<span class="smcap">Whittier.</span></span><br /> -</p> - - -<p>Early in the Spring of 1862, the rumor of new and rich discoveries on -Salmon River, flew through Salt Lake City, Colorado, and other places -in the Territories. A great stampede was the consequence. Faith and -hope were in the ascendant among the motley crew that wended their -toilsome way by Fort Hall and Snake river, to the new Eldorado. As -the trains approached the goal of their desires, they were informed -that they could not get through with wagons, and shortly after came -the discouraging tidings that the new mines were overrun by a crowd -of gold-hunters from California, Oregon, and other western countries; -they were also told, that finding it impossible to obtain either claims -or labor, large bands of prospectors were already spreading over the -adjacent territory; and finally, that some new diggings had been -discovered at Deer Lodge.</p> - -<p>The stream of emigration diverged from the halting place, where this -last welcome intelligence reached them. Some, turning towards Deer -Lodge, crossed the mountains, between Fort Lemhi and Horse Prairie -Creek, and, taking a cut-off to the left, endeavored to strike the -old trail from Salt Lake to Bitter Root and Deer Lodge Valleys. These -energetic miners crossed the Grasshopper Creek, below the Canon, and -finding good prospects there, some of the party remained, with a view -of practically testing their value. Others went on to Deer Lodge; but -finding that the diggings were neither so rich nor so extensive as they -had supposed, they returned to Grasshopper Creek—afterwards known as -the<span class="pagenum" id="Page_19">[Pg 19]</span> Beaver Head Diggings—so named from the Beaver Head River, into -which the creek empties. The river derives its appellation from a rock, -which exactly resembles, in its outline, the head of a Beaver.</p> - -<p>From this camp—the rendezvous of the emigration—started, from time -to time, the bands of explorers who first discovered and worked the -gulches east of the Rocky Mountains, in the world renowned country now -the Territory of Montana. Other emigrants, coming by Deer Lodge, struck -the Beaver Head diggings; then the first party from Minnesota arrived; -after them, came a large part of the Fisk company who had travelled -under Government escort, from the same State, and a considerable number -drove through from Salt Lake City and Bitter Root, in the early part of -the winter, which was very open.</p> - -<p>Among the later arrivals were some desperadoes and outlaws, from -the mines west of the mountains. In this gang were Henry Plummer, -afterwards the <span class="allsmcap">SHERIFF</span>, Charley Reeves, Moore and Skinner. These -worthies had no sooner got the “lay of the country,” than they -commenced operations. Here it may be remarked, that if the professed -servants of God would only work for their master with the same energy -and persistent devotion, as the servants of the Devil use for their -employer, there would be no need of a Heaven above, for the earth -itself would be a Paradise.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_IV">CHAPTER IV.<br /><span class="small">THE ROAD AGENTS.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">“Thieves for their robbery have authority</span><br /> -<span style="margin-left: 1em;">When judges steal themselves.”—<span class="smcap">Shakespeare</span></span><br /> -</p> - - -<p>It may easily be imagined that life in Bannack, in the early days of -the settlement, was anything but pleasant. The ruffians, whose advent -we have noticed, served as a nucleus, around which the disloyal, -the desperate, and the dishonest<span class="pagenum" id="Page_20">[Pg 20]</span> gathered, and quickly organizing -themselves into a band, with captain, lieutenants, secretary, road -agents, and outsiders, became the terror of the country. The stampede -to the Alder Gulch, which occurred early in June, 1863, and the -discovery of the rich placer diggings there, attracted many more of the -dangerous classes, who, scenting the prey from afar, flew like vultures -to the battle field.</p> - -<p>Between Bannack and Virginia, a correspondence was constantly kept up, -and the roads throughout the Territory were under the surveillance of -the “outsiders” before mentioned. To such a system were these things -brought, that horses, men and coaches were marked in some understood -manner, to designate them as fit objects for plunder, and thus the -liers in wait had an opportunity of communicating the intelligence to -the members of the gang, in time to prevent the escape of the victims.</p> - -<p>The usual arms of a road agent were a pair of revolvers, a -double-barrelled shot-gun, of large bore, with the barrels cut down -short, and to this they invariably added a knife or dagger. Thus armed -and mounted on fleet, well trained horses, and being disguised with -blankets and masks, the robbers awaited their prey in ambush. When near -enough, they sprang out on a keen run, with levelled shot-guns, and -usually gave the word, “Halt! Throw up your hands you sons of b——s!” -If this latter command were not instantly obeyed, there was the last of -the offender; but, in case he complied, as was usual, one or two sat -on their horses, covering the party with their guns, which were loaded -with buck-shot, and one, dismounting, disarmed the victims, and made -them throw their purses on the grass. This being done, and a search for -concealed property being effected, away rode the robbers, reported the -capture and divided the spoils.</p> - -<p>The confession of two of their number one of whom, named Erastus Yager -alias Red, was hung in the Stinkingwater Valley, put the Committee -in possession of the names of the prominent men in the gang, and -eventually secured their death or voluntary banishment. The most noted -of the road agents, with a few exceptions were hanged by the Vigilance -Committee, or banished. A list of the place and<span class="pagenum" id="Page_21">[Pg 21]</span> date of execution of -the principle members of the band is here presented. The remainder of -the red calendar of crime and retribution will appear after the account -of the execution of Hunter:</p> - - -<h3>NAMES, PLACE AND DATE OF EXECUTION.</h3> - -<p>George Ives, Nevada City, Dec. 21st 1863; Erastus Yager (Red) and G. -W. Brown, Stinkingwater Valley, January 4th, 1864; Henry Plummer, Ned -Ray and Buck Stinson, Bannack City, January 10th, 1864; George Lane, -(Club-foot George,) Frank Parish, Haze Lyons, Jack Gallagher and Boone -Helm, Virginia City, January 14th, 1864; Steven Marsland, Big Hole -Ranche, January 16th, 1864; William Bunton, Deer Lodge Valley, January -19th, 1864; Cyrus Skinner, Alexander Carter, and John Cooper, Hell Gate, -January 25th, 1864; George Shears, Frenchtown, January 24th, 1864; -Robert Zachary, Hell Gate, January 25th, 1864; William Graves alias -Whiskey Bill, Fort Owens, January 26th, 1864; William Hunter, Gallatin -Valley, February 3d, 1864; John Wagoner, (Dutch John) and Joe Pizanthia, -Bannack City, January 11th, 1864.</p> - -<p>Judge Smith and J. Thurmond, the counsel of the road agents, were -banished. Thurmond brought an action, at Salt Lake, against <abbr title="mister">Mr.</abbr> Fox, -charging him with aiding in procuring his banishment. After some -peculiar developments of justice in Utah, he judiciously withdrew all -proceedings, and gave a receipt in full of all past and future claims -on the Vigilance Committee, in which instance he exhibited a wise -discretion—</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“It’s no for naething the gled whistles.”</span><br /> -</p> - -<p>The Bannack branch of the Vigilantes also sent out of the country, H. -G. Sessions, convicted of circulating bogus dust, and one H. D. Moyer, -who furnished a room at midnight, for them to work in, together with -material for their labor. A man named Kustar was also banished for -recklessly shooting through the windows of the hotel opposite his place -of abode.</p> - -<p>The circumstances attending the execution of J. A. Slade, and the -charges against him, will appear in full in a subsequent part of this -work. This case stands on a footing distinct from all the others.</p> - -<p><span class="pagenum" id="Page_22">[Pg 22]</span></p> - -<p>Moore and Reeves were banished, as will afterwards appear, by a miners’ -jury, at Bannack, in the winter of 1863, but came back in the Spring. -They fled the country when the Vigilantes commenced operations, and are -thought to be in Mexico.</p> - -<p>Charley Forbes was a member of the gang; but being wounded in a -scuffle, or a robbery, a doctor was found and taken to where he lay. -Finding that he was incurable, it is believed that Moore and Reeves -shot him, to prevent his divulging what he knew of the band; but this -is uncertain. Some say he was killed by Moore and Reeves, in Red Rock -Canon.</p> - -<p>The headquarters of the marauders was Rattlesnake Ranche. Plummer -often visited it, and the robbers used to camp, with their comrades, -in little wakiups above and below it, watching, and ready for fight, -flight or plunder. Two rods in front of this building was a sign post, -at which they used to practice with their revolvers. They were capital -shots. Plummer was the quickest hand with his revolver of any man in -the mountains. He could draw the pistol and discharge the five loads in -three seconds. The post was riddled with holes, and was looked upon as -quite a curiosity, until it was cut down, in the summer of 1863.</p> - -<p>Another favorite resort of the gang was Dempsey’s Cottonwood Ranche. -The owner knew the character of the robbers, but had no connection -with them; and, in those days, a man’s life would not have been worth -fifteen minutes purchase, if the possessor had been foolish enough even -to hint at his knowledge of their doings. Daley’s, at Ramshorn Gulch, -and ranches or wakiups on the Madison, the Jefferson, Wisconsin Creek, -and Mill Creek, were also constantly occupied by members of the band.</p> - -<p>By discoveries of the bodies of the victims, the confessions of the -murderers before execution, and reliable information sent to the -Committee, it was found that one hundred and two people had been -certainly killed by those miscreants in various places, and it was -believed, on the best information, that scores of unfortunates had -been murdered and buried, whose remains were never discovered, nor -their fate definitely ascertained. All that was known, was that they -started,<span class="pagenum" id="Page_23">[Pg 23]</span> with greater or less sums of money, for various places, and -were never heard of again.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_V">CHAPTER V.<br /><span class="small">THE DARK DAYS OF MONTANA.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">“Will all Neptune’s Ocean wash this blood</span><br /> -<span style="margin-left: 1em;">Clean from my hand?”—<span class="smcap">Macbeth.</span></span><br /> -</p> - - -<p>Henry Plummer, a sketch of whose previous career will appear in a -subsequent part of this narrative, came to Montana Territory from -Orofino. He and Reeves had there got into a difficulty with another -man, and had settled the matter in the way usual in the trade—that is -to say, they shot him.</p> - -<p>Plummer—who, it seems, had for a long time contemplated a visit to the -States—made at once for the River, intending to go down by boat; but -finding that he was too late, he came back to Gold Creek, and there -met Jack Cleveland, an old acquaintance, and former partner in crime. -They made arrangements to pass the winter together at Sun River Farm. -Plummer was to attend to the chores about the house, and Jack Cleveland -was to get the wood. The worthy couple true to their instincts, did not -long remain in harmony, but quarrelled about a young lady, whom Plummer -afterwards married. Neither would leave, unless the other went also, -and at last they both started, in company, for Bannack.</p> - -<p>This town originated from the “Grasshopper Diggings,” which were first -discovered in the month of July, by John White and a small party of -prospectors, on the Grasshopper Creek, a tributary of the Beaverhead. -The discoverer, together with Rodolph Dorsett, was murdered by Charley -Kelly, in the month of December, 1863, near the Milk Ranche, on the -road from Virginia City to Helena. Wash<span class="pagenum" id="Page_24">[Pg 24]</span> Stapleton and his party came -in a short time after, and were soon joined by others, among whom -were W. B. Dance, S. T. Hauser, James Morley, Drury Underwood, F. M. -Thomson, N. P. Langford, James Fergus, John Potter, Judge Hoyt and <abbr title="doctor">Dr.</abbr> -Hoyt, Chas. <abbr title="saint">St.</abbr> Clair, David Thompson, Buz Caven, <abbr title="misters">Messrs.</abbr> Burchett, -Morelle, Harby, J. M. Castner, Pat Bray and brother, Sturges, Col. -McLean, R. C. Knox, and other well known citizens of Montana. The name, -“Bannack,” was given to the settlement, from the Bannack Indians, the -lords of the soil. It was the first “mining camp” of any importance, -discovered on the eastern slope of the Mountains, and as the stories of -its wonderful richness went abroad, hundreds of scattered prospectors -flocked in, and before the following Spring, the inhabitants numbered -upwards of a thousand.</p> - -<p>It is probable that there never was a mining town of the same size that -contained more desperadoes and lawless characters, than did Bannack, -during the winter of 1862-3. While a majority of the citizens were -of the sterling stock, which has ever furnished the true American -pioneers, there were great numbers of the most desperate class of -roughs and road agents, who had been roving though the mountains, -exiles from their former haunts in the mining settlements, from which -they had fled to avoid the penalties incurred by the commission of -many a fearful crime. These men no sooner heard of the rich mines -of Bannack, than they at once made for the new settlement, where, -among strangers, ignorant of their crimes, they would be secure from -punishment, at least until their true character should become known.</p> - -<p>During their journey to Bannack, Cleveland often said, when a little -intoxicated, that Plummer was his <span class="smcap">meat</span>. On their arrival at their -destination, they were, in Mountain phrase, “strapped;” that is, they -were without money or means; but Cleveland was not thus to be foiled; -the practice of his profession furnishing him with ample funds, at -the cost of a short ride and a pistol cartridge. In February, 1863, a -young man named George Evans, having a considerable sum of money on his -person, was hunting stock belonging to William Bates, beyond Buffalo -Creek, about<span class="pagenum" id="Page_25">[Pg 25]</span> eight miles from Bannack, and this man, it is believed, -was shot by Cleveland, and robbed, as the murderer—who had no money at -the time—was seen riding close to the place, and the next day he had -plenty. Evans’ partner, Ed. Hibbert, got a horse from J. M. Castner, -and searched for him in vain, returning impressed with the belief that -he had frozen to death. In a short time, a herder named Duke, a partner -of Jemmy Spence, was also hunting cattle, when he found Evans’ clothes -tucked into a badger hole. A body, which, however, was never fully -identified, was found naked in the willows, with a shot wound in the -right armpit. It seems as if the victim had seen a man about to shoot, -and had raised his arm deprecatingly.</p> - -<p>Shortly after this, Cleveland came in to Goodrich’s saloon, and said -he was <span class="allsmcap">CHIEF</span>; that he knew all the d——d scoundrels from the -“other side,” and would get even on some of them. A difficulty arose -between him and Jeff. Perkins, about some money which the latter owed -in the lower country. Jeff. assured him that he had settled the debt, -and thereupon Jack said, “Well, if it’s settled, it’s all right;” but -he still continued to refer to it, and kept reaching for his pistol. -Plummer, who was present, told him that if he did not behave himself, -he would take him in hand, for that Jeff. had settled the debt, and he -ought to be satisfied. Jeff. went home for his derringers, and while -he was absent, Jack Cleveland boastingly declared that he was afraid -of none of them. Plummer jumped to his feet instantly, saying, “You -d——d son of a b——h, I am tired of this,” and, drawing his pistol, -he commenced firing at Cleveland. The first ball lodged in the beam -overhead, where it still remains. The second struck him below the -belt, and he fell to his knees, grasping wildly at his pistol, and -exclaiming, “Plummer, you won’t shoot me when I’m down;” to which -Plummer replied, “No you d——d son of a b——h; get up,” and, as -he staggered to his feet, he shot him a little above the heart. The -bullet, however, glanced on the rib, and went round his body. The next -entered below the eye, and lodged in his head. The last missile went -between Moore and another man, who was sitting on the bench. As may -be supposed the citizen discovered<span class="pagenum" id="Page_26">[Pg 26]</span> that business called him outside -immediately; and, met George Ives, with a pistol in his hand, followed -by Reeves, who was similarly accoutred for the summary adjustment of -“difficulties.”</p> - -<p>Singular enough, it must appear to the inhabitants of settled -communities, that a man was being shaved in the saloon at the time, -and neither he nor the operator left off business—<span class="allsmcap">CUSTOM IS -EVERYTHING</span>, and fire-eating is demonstrably an acquired habit.</p> - -<p>Ives and Reeves each took Plummer by the arm, and walked down street, -asking as they went along: “Will the d——d strangling sons of b——s -hang you now?”</p> - -<p>Hank Crawford was, at this time, boarding with L. W. Davenport, of -Bannack, and was somewhat out of health. His host came into the room, -and said that there was a man shot somewhere up town, in a saloon. -Crawford immediately went to where the crowd had gathered, and found -that such was the fear of the desperadoes, that no one dared to lift -the head of the dying man. Hank said aloud, that it was out of the -question to leave a man in such a condition, and asked, “Is there no -one that will take him home?” Some answered that they had no room; to -which he replied, that he had not, either, but he would find a place -for him; and, assisted by three others, he carried him to his own -lodging—sending a messenger for the doctor.</p> - -<p>The unfortunate man lived about three hours. Before his decease, he -sent Crawford to Plummer for his blankets. Plummer asked Crawford what -Jack had said about him; Crawford told him, “nothing.” “It is well for -him,” said Plummer, “or I would have killed the d——d son of a b——h -in his bed.” He repeated his question several times, very earnestly. -Crawford then informed him that, in answer to numerous inquiries by -himself and others, about Cleveland’s connections, he had said, “Poor -Jack has got no friends. He has got it, and I guess he can stand -it.” Crawford had him decently buried, but he knew, from that time, -that Plummer had marked him for destruction, fearing that some of -Cleveland’s secrets might have transpired, in which case he was aware -that he would surely be hung at the first opportunity.</p> - -<p><span class="pagenum" id="Page_27">[Pg 27]</span></p> - -<p>No action was taken about this murder for some time. It required a -succession of horrible outrages to stimulate the citizens to their -first feeble parody of justice. Shooting, duelling, and outrage, were -from an early date, daily occurrences, in Bannack; and many was the -foul deed done, of which no record has been preserved. As an instance -of the free and easy state of society at this time, may be mentioned -a “shooting scrape” between George Carrhart and George Ives, during -the winter of ’62-3. The two men were talking together in the street, -close to Carrhart’s cabin. Gradually they seemed to grow angry, and -parted, Ives exclaiming aloud, “You d——d son of a b——h, I’ll shoot -you,” and ran into a grocery for his revolver. Carrhart stepped into -his cabin, and came out first, with his pistol in his hand, which he -held by his side, the muzzle pointing downwards. George Ives came -out, and turning his back on Carrhart, looked for him in the wrong -direction—giving his antagonist a chance of shooting him in the -back, if he desired to do so. Carrhart stood still till Ives turned, -watching him closely. The instant Ives saw him, he swore an oath, and -raising his pistol, let drive, but missed him by an inch or so, the -bullet striking the wall of the house, close to which he was standing. -Carrhart’s first shot was a miss-fire, and a second shot from Ives -struck the ground. Carrhart’s second shot flashed right in Ives’s face, -but did no damage, though the ball could hardly have missed more than -a hairs’ breadth. Carrhart jumped into the house, and reaching his -hand out, fired at his opponent. In the same fashion, his antagonist -returned the compliment. This was continued till Ives’s revolver was -emptied—Carrhart having one shot left. As Ives walked off to make his -escape, Carrhart shot him in the back, near the side. The ball went -through, and striking the ground in front of him, knocked up the dust -ahead of him. Ives was not to be killed by a shot, and wanted to get -another revolver, but Carrhart ran off down the street. Ives cursed -him for a coward “shooting a man in the back.” They soon made up their -quarrels, and Ives went and lived with Carrhart, on his ranche, for the -rest of the winter.</p> - -<p>Accidents will happen in the best regulated families, and<span class="pagenum" id="Page_28">[Pg 28]</span> we give a -specimen of “casualties” pertaining to life in Bannack during this -delightful period. <abbr title="doctor">Dr.</abbr> Biddle, of Minnesota, and his wife, together -with <abbr title="mister">Mr.</abbr> and Mrs. Short, and their hired man, were quietly sitting -round their camp fire on Grasshopper Creek, when J. M. Castner, -thinking that a lady in the peculiar situation of Mrs. Biddle would -need the shelter of a house, went over to the camp, and sitting -down, made his offer of assistance, which was politely acknowledged, -but declined by the lady, on the ground that their wagon was very -comfortably fitted up. Scarcely were the words uttered, when crack! -went a revolver, from the door of a saloon, and the ball went so close -to Castner’s ear, that it stung for two or three days. It is stated -that he shifted the position of his head with amazing rapidity. Mrs. -Biddle nearly fainted and became much excited, trembling with terror. -Castner went over to the house, and saw Cyrus Skinner in the act -of laying his revolver on the table, at the same time requesting a -gentleman who was playing cards to count the balls in it. He at first -refused, saying he was busy; but, being pressed, said, after making -a hasty inspection, “Well, there are only four.” Skinner replied, “I -nearly frightened the —— out of a fellow, over there.” Castner laid -his hand on his shoulder, and said, “My friend, you nearly shot Mrs. -Biddle.” Skinner declared that he would not have killed a woman “for -the world,” and swore that he thought it was a camp of Indians, which -would, in his view, have made the matter only an agreeable pastime. He -asked Castner to drink, but the generous offer was declined. Probably -the ball stuck in his throat. The Doctor accepted the invitation. These -courtesies were like an invitation from a Captain to a Midshipman, “No -compulsion, only you must.”</p> - -<p>A little episode may here be introduced, as an illustration of an easy -method of settling debts, mentioned by Shakespeare. The sentiment is -the Earl of Warwick’s. The practical enforcement of the doctrine is to -be credited in this instance, to Haze Lyons, of the Rocky Mountains, -a self-constituted and energetic Receiver-General of all moneys and -valuables not too hot or too heavy for transportation by<span class="pagenum" id="Page_29">[Pg 29]</span> man or horse, -at short notice. The “King Maker” says:</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“When the debt grows burdensome, and cannot be discharged</span><br /> -<span style="margin-left: 1em;">A sponge will wipe out all, and cost you nothing.”</span><br /> -</p> - -<p>The substitute for the “sponge” above alluded to, is, usually, in cases -like the following, a revolver, which acts effectually, by “rubbing -out” either the debt or the creditor, as circumstances may render -desirable. Haze Lyons owed a board bill to a citizen of Bannack, who -was informed that he had won $300 or $400 by gambling the night before, -and accordingly asked him for it. He replied, “You son of a b——h, -if you ask me for that again, I’ll make it unhealthy for you.” The -creditor generously refrained from farther unpleasant inquiries, and -the parties met again for the first time, face to face, at the gallows, -on which Haze expiated his many crimes.</p> - -<p>The next anecdote is suggestive of one, among many ways of incidentally -expressing dislike of a man’s “style” in business matters. Buck -Stinson had gone security for a friend, who levanted; but was pursued -and brought back. A mischievous boy had been playing some ridiculous -pranks, when his guardian, to whom the debt mentioned was due, spoke to -him severely, and ordered him home. Buck at once interfered, telling -the guardian that he should not correct the boy. On receiving for -answer that it certainly would be done, as it was the duty of the boy’s -protector to look after him, he drew his revolver, and thrusting it -close to the citizen’s face, saying, “G—d d——n you, I don’t like -you very well, any how,” was about to fire, when the latter seized -the barrel and threw it up. A struggle ensued, and finding that he -couldn’t fire, Stinson wrenched the weapon out of his opponent’s hand, -and struck him heavily across the muscles of the neck, but failed to -knock him down. The bar-keeper interfering, Stinson let go his hold, -and swore he would shoot him; but he was quieted down. The gentleman -being warned, made his way home at the double-quick, or faster, and put -on his revolver and bowie, which he wore for fifteen days. At the end -of this time, Plummer persuaded Stinson to apologize, which he did, and -thereafter behaved with civility to that particular man.</p> - -<p>The wild lawlessness and the reckless disregard for life<span class="pagenum" id="Page_30">[Pg 30]</span> which -distinguished the outlaws, who had by this time concentrated at -Bannack, will appear from the account of the first “Indian trouble.” -If the facts here stated do not justify the formation of a Vigilance -Committee in Montana, then may God help Uncle Sam’s nephews when -they venture west of the River, in search of new diggings. In March, -1863, Charley Reeves, a prominent “clerk of <abbr title="saint">St.</abbr> Nicholas,” bought a -Sheep-eater squaw; but she refused to live with him, alleging that she -was ill-treated, and went back to her tribe, who were encamped on the -rise of the hill, south of Yankee Flat, about fifty yards to the rear -of the street. Reeves went after her, and sought to force her to come -back with him, but on his attempting to use violence, an old chief -interfered. The two grappled. Reeves, with a sudden effort, broke from -him, striking him a blow with his pistol, and, in the scuffle, one -barrel was harmlessly discharged.</p> - -<p>The next evening, Moore and Reeves, in a state of intoxication, entered -Goodrich’s saloon, laying down two double-barrelled shot-guns and -four revolvers, on the counter, considerably to the discomfiture of -the bar-keeper, who, we believe, would have sold his position very -cheap, for cash, at that precise moment, and it is just possible that -he might have accepted a good offer “on time.” They declared, while -drinking, that if the d——d cowardly white folks on Yankee Flat, -were afraid of the Indians, they were not, and that they would soon -“set the ball a rolling.” Taking their weapons, they went off to the -back of the houses, opposite the camp, and levelling their pieces, -they fired into the tepee, wounding one Indian. They returned to the -saloon and got three drinks more, boasting of what they had done, and -accompanied by William Mitchell, of Minnesota, and two others, they -went back, determined to complete their murderous work. The three above -named then deliberately poured a volley into the tepee, with fatal -effect. Mitchell, whose gun was loaded with an ounce ball and a charge -of buckshot, killed a Frenchman named Brissette, who had run up to -ascertain the cause of the first firing—the ball striking him in the -forehead, and the buckshot wounding him in ten different places. The -Indian chief, a lame Indian boy, and<span class="pagenum" id="Page_31">[Pg 31]</span> a pappoose, were also killed; but -the number of the parties who were wounded has never been ascertained. -John Burnes escaped with a broken thumb, and a man named Woods was shot -in the groin, of which wound he has not yet entirely recovered. This -unfortunate pair, like Brissette, had come to see the cause of the -shooting, and of the yells of the savages. The murderers being told -that they had killed white men, Moore replied, with great <span class="allsmcap">SANG -FROID</span>, “The d——d sons of b——s had no business there.”</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_VI">CHAPTER VI.<br /><span class="small">THE TRIAL.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">Desponding fear, of feeble fancies full,</span><br /> -<span style="margin-left: 1em;">Weak and unmanly, loosens every power.—<span class="smcap">Thomson.</span></span><br /> -</p> - - -<p>The indignation of the citizens being aroused by this atrocious and -unprovoked massacre, a mass meeting was held the following morning to -take some action in the premises. Charley Moore and Reeves hearing -of it, started early in the morning, on foot, towards Rattlesnake, -Henry Plummer preceding them on horseback. Sentries were then posted -all round the town, to prevent egress, volunteers were called for, to -pursue the criminals, and <abbr title="misters">Messrs.</abbr> Lear, Higgings, O. J. Rockwell and -Davenport at once followed on their track, coming up with them where -they had hidden, in a thicket of brush, near the creek. The daylight -was beginning to fade, and the cold was intense when a reinforcement -arrived, on which the fugitives came out, delivered themselves up, and -were conducted back to Bannack.</p> - -<p>Plummer was tried and honorably acquitted, on account of Cleveland’s -threats. Mitchell was banished, but he hid around the town for awhile, -and never went away. Reeves and Moore were next tried. <abbr title="mister">Mr.</abbr> Rheem had -promised the evening before to conduct the prosecution, and Judge Smith -had undertaken the defense, when on the morning of the<span class="pagenum" id="Page_32">[Pg 32]</span> trial, <abbr title="mister">Mr.</abbr> -Rheem announced that he was retained for the defense. This left the -people without any lawyer or prosecutor. <abbr title="mister">Mr.</abbr> Coply at last undertook -the case, but his talents not lying in that direction, he was not -successful as an advocate. Judge Hoyt, from <abbr title="saint">St.</abbr> Paul, was elected -Judge, and Hank Crawford, Sheriff. Owing to the peculiarly divided -state of public opinion, it seemed almost impossible to select an -impartial jury from the neighborhood, and therefore a messenger was -sent to Godfrey’s Canon, where N. P. Langford, R. C. Knox, A. Godfrey, -and others, were engaged in erecting a saw-mill, requesting them to -come down to Bannack and sit on the jury. <abbr title="misters">Messrs.</abbr> Langford and Godfrey -came down at once, to be ready for the trial the next day. The assembly -of citizens numbered about five or six hundred, and to them the -question was put, “Whether the prisoners should be tried by the people -<span class="allsmcap">EN MASSE</span>, or by a selected jury.” Some leading men advocated -the first plan. N. P. Langford and several prominent residents took -the other side, and argued the necessity for a jury. After several -hours’ discussion, a jury was ordered, and the trial proceeded. At the -conclusion of the evidence and argument, the case was given to the -jury without any charge. The Judge also informed them that if they -found the prisoners guilty, they must sentence them. At the first -ballot, the vote stood: For death, 1; against it, 11. The question of -the prisoners’ <span class="allsmcap">GUILT</span> admitted of no denial. N. P. Langford -alone voted for the penalty of death. A sealed verdict of banishment -and confiscation of property was ultimately handed to the Judge, late -in the evening. Moore and Reeves were banished from the Territory, but -were permitted to stay at Deer Lodge till the Range would be passable.</p> - -<p>In the morning, the Court again met, and the Judge informed the people -that he had received the verdict, which he would now hand back to the -foreman to read. <abbr title="mister">Mr.</abbr> Langford accordingly read it aloud.</p> - -<p>From that time forward, a feeling of the bitterest hostility was -manifested by the friends of Moore, Reeves and Mitchell toward all who -were prominently connected with the proceedings.</p> - -<p>During the trial, the roughs would swagger into the space<span class="pagenum" id="Page_33">[Pg 33]</span> allotted for -the Judge and Jury, giving utterance to clearly understood threats, -such as, “I’d like to see the G—d d——d Jury that would dare to hang -Charley Reeves or Bill Moore,” etc., etc., which doubtless had fully -as much weight with the Jury as the evidence had. The pretext of the -prisoners that the Indians had killed some whites, friends of theirs, -in ’49, while going to California, was accepted by the majority of -the jurors as some sort of justification; but the truth is, they were -afraid of their lives—and, it must be confessed, not without apparent -reason.</p> - -<p>To the delivery of this unfortunate verdict may be attributed the -ascendancy of the roughs. They thought the people were afraid of them. -Had the question been left to old Californians or experienced miners, -Plummer, Reeves and Moore would have been hanged, and much bloodshed -and suffering would have been thereby prevented. No organization of the -Road Agents would have been possible.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_VII">CHAPTER VII.<br /><span class="small">PLUMMER VERSUS CRAWFORD.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“I had rather chop this hand off at a blow</span><br /> -<span style="margin-left: 1em;">And with the other fling it at thy face,</span><br /> -<span style="margin-left: 1em;">Than bear so low a sail, to strike to thee.”</span><br /> -<span style="margin-left: 13em;"><span class="smcap">Shakspeare—Henry VI.</span></span><br /> -</p> - - -<p>Crawford, who was appointed Sheriff at the trial of Moore and Reeves, -tendered his resignation on two or three different occasions; but was -induced to continue in office by the strongest representations of his -friends. They promised to stand by him in the execution of his duty, -and to remunerate him for his loss of time and money. The arms taken -from Plummer, Reeves and Mitchell were sold by Crawford to defray -expenses.</p> - -<p>Popular sentiment is shifting and uncertain as a quicksand. Shortly -after this, “Old Tex,” one of the gang, collected<span class="pagenum" id="Page_34">[Pg 34]</span> a miners’ meeting, -and at it, it was resolved to give the thieves their arms, Plummer and -Tex claiming them as their property. The Sheriff had to go and get -them, paying, at the same time, all expenses, including in the list -even the board of the prisoners. For his services not a cent was ever -paid to him. Popular institutions are of divine origin. Government by -the people <span class="allsmcap">EN MASSE</span> is the acme of absurdity.</p> - -<p>Cleveland had three horses at the time of his death. One was at a -Ranch at Bannack, and two were down on Big Hole. Crawford called two -meetings, and was authorized to seize Cleveland’s property and sell -it, in order to reimburse himself for his outlay, which was both -considerable in amount and various in detail, and repay himself for -his outlay and expenses of various kinds. He went to old Tex who said -that Jack Cleveland had a partner, named Terwilliger, (another of -the gang) who was absent, and that he had better leave them till he -came back. One day Crawford wanted to go to Beaverhead, and wished -to take one of the horses to ride. Tex said it would be wrong to do -so. In a day or two after, Crawford saw the horse in town, and asking -Tex if it was not the animal. He said “No, it was not;” but Crawford, -doubting his statement, inquired of a man that he knew was perfectly -well informed on the subject, and found that it was as he supposed, and -that the ranchman had brought it in for Tex to ride during the journey -he contemplated, with the intention of meeting Terwilliger. Crawford -ordered the horse back, and desired that it should not be given to any -one. The man took it as directed. When the men were banished, Plummer -went to the Ranch, took the horse and rode it, when escorting the -culprits out of town. He then brought it back. Crawford who had charge -of the horse, asked Hunter if Tex had taken it. He said “no.”</p> - -<p>The next evening, Crawford and some acquaintances went down to the -bakery to take a drink, and there met Plummer, who accused him of -ordering the horse to be kept from him, which he denied, and said he -never mentioned his name. Hunter being called by Plummer confirmed -the statement. He also observed, that he thought that as Plummer<span class="pagenum" id="Page_35">[Pg 35]</span> -had killed the man, he need not wish to take his money and his goods -also. Plummer then remarked that Bill Hunter did not stand to what he -had said, and left the house. He had dared Crawford to remain and face -Hunter’s testimony, expecting to raise a row and shoot him. Crawford -accepted the challenge, and, surrounded by his friends, with their -hands on their six shooters, awaited his coming. If he had moved his -hand to his pistol, he would have died on the spot, and knowing this, -he cooled off.</p> - -<p>The next day he sent word to Crawford, by an old mountaineer, that he -had been wrongly informed, and that he wished to meet him as a friend. -He replied that he had been abused without cause, and that, if he -wanted to see him, he must come himself, as he was not going to accept -of such apologies by deputy. Plummer sent word two or three times, -to Hank, in the same way, and received the same reply; till at last -some of the boys brought them together, and they shook hands, Plummer -declaring that he desired his friendship ever after.</p> - -<p>In a few days, Hank happened to be in a saloon, talking to a man who -had been fighting, when a suspicious looking individual came up to him, -and asked what he was talking about. He replied that it was none of his -business. The man retorted with a challenge to fight with pistols. Hank -said, “You have no odds of me with a pistol.” The fellow offered to -fight with fists. Hank agreed, and seeing that the man had no belt on, -took off his own, and laid his pistol in, on the bar. The man stepped -back into a dark corner, and Crawford going up, slapped him across the -face. He instantly leveled a six shooter at Crawford, which he had -concealed; but Hank was too quick, and catching him by the throat and -hand, disarmed him. Plummer joined the man, and together, they wrested -the pistol from his hand, and made a rush at him. Hank and Harry -Flegger, however, kept the pistol in spite of them. Harry fetched his -friend out, saying, “Come on Hank; this is no place for you; they are -set on murdering you, any way.” He then escorted him home. The owner of -the saloon told Crawford, afterwards, that it was all a plot. That the -scheme was to entice him out to fight with pistols, and that the gang -of Plummer’s<span class="pagenum" id="Page_36">[Pg 36]</span> friends were ready with double-barrelled shot-guns, to -kill him, as soon as he appeared.</p> - -<p>Everything went on quietly for a few days, when Hank found he should -have to start for Deer Lodge, after cattle. Plummer told him that -he was going to Benton. Hank asked him to wait a day or two, and he -would go with him; but Plummer started on Monday morning, with George -Carrhart, before Hank’s horses came in. When the animals were brought -in, Hank found that private business would detain him, and accordingly -sent his butcher in his place. The next day Plummer, finding that he -was not going, stopped at Big Hole, and came back. Hank afterwards -learned that Plummer went out to catch him on the road, three different -times, but, fortunately, missed him.</p> - -<p>During the week, Bill Hunter came to Hank, and pretended that he had -said something against him. To this Hank replied, that he knew what -he was after, and added, “If you want anything, you can get it right -straight along.” Not being able “to get the drop on him,” (in mountain -phrase) and finding that he could not intimidate him, he turned and -went off, never afterwards speaking to Hank.</p> - -<p>On the following Sunday, Plummer came into a saloon where Hank was -conversing with George Purkins, and, addressing the latter, said, -“George, there’s a little matter between you and Hank that’s got to be -settled.” Hank said, “Well, I don’t know what it can be,” and laughed. -Plummer observed, “You needn’t laugh, G—d d——n you. It’s got to -be settled.” Turning to Purkins, he stated that he and Crawford had -said he was after a squaw, and had tried to court “Catharine.” He -commenced to abuse Purkins and telling him to “come out,” and that -he was “a cowardly son of a b——h.” He also declared that he could -“lick” both him and Hank Crawford. George said that he was a coward, -and no fighting man, and that he would not go out of doors with any -body. Plummer gave the same challenge to Hank, and received for a -reply, that he was not afraid to go out with any man, and that he did -not believe one man was made to scare another. Plummer said, “come -on,” and started ahead of Hank towards the street. Hank walked quite -close up to him, on his guard all the time, and Plummer at<span class="pagenum" id="Page_37">[Pg 37]</span> once said, -“Now pull your pistol.” Hank refused, saying, “I’ll pull no pistol; I -never pulled a pistol on a man, and you’ll not be the first.” He then -offered to fight him in any other way. “I’m no pistol shot,” he added, -“and you would not do it if you hadn’t the advantage.” Plummer said, -“If you don’t pull your pistol, I’ll shoot you like a sheep.” Hank -quietly laid his hand on his shoulder, and, fixing his eyes on him, -said slowly and firmly, “If that’s what you want, the quicker you do -it, the better for you,” and turning round, walked off. Plummer dared -not shoot without first raising a fuss, knowing that he would be hung. -During the altercation above narrated, Hank had kept close to Plummer -ready for a struggle, in case he offered to draw his pistol, well -knowing that his man was the best and quickest shot in the mountains; -and that if he had accepted his challenge, long before he could have -handled his own revolver, three or four balls would have passed through -his body. The two men understood one another, at parting. They looked -into each other’s eyes. They were mountaineers, and each man read, in -his opponent’s face, “Kill me, or I’ll kill you.” Plummer believed that -Hank had his secret, and one or the other must therefore die.</p> - -<p>Hank went, at once, to his boarding house, and taking his -double-barrelled shot gun, prepared to go out, intending to find and -kill Plummer at sight. He was perfectly aware that all attempts at -pacification would be understood as indications of cowardice, and -would render his death a mere question of the goodness of Plummer’s -ammunition. Friends, however, interfered, and Hank could not get away -till after they left, late in the evening.</p> - -<p>By the way, is it not rather remarkable, that if a man has a few -friends round him, and he happens to become involved in a fight, -the aforesaid sympathizers, instead of restraining his antagonist, -generally hold <span class="allsmcap">HIM</span>, and wrestle all the strength out of him, frequently -enabling his opponent to strike him while in the grasp of his officious -backers? A change of the usual programme would be attended with -beneficial results, in nine cases out of ten. Another suggestion we -have to make, with a view to preventing actual hostilities, and that -is, that when a man raves and tears, shouting,<span class="pagenum" id="Page_38">[Pg 38]</span> “let go,” “let me -at him,” “hold my shirt while I pull off my coat,” or makes other -bellicose requests, an instant compliance with his demands will at once -prevent a fight. If two men, also, are abusing one another, in loud and -foul language, the way to prevent blows is to seize hold of them and -commencing to strip them for a fight, form a ring. This is commonly a -settler. No amount of coin could coax a battle out of them. Such is our -experience of all the loud mouthed brigade. Men that mean “fight” may -hiss a few muttered anathemas, through clenched teeth; but they seldom -talk much, and never bandy slang.</p> - -<p>Hank started and hunted industriously for Plummer, who was himself -similarly employed, but they did not happen to meet.</p> - -<p>The next morning, Hank’s friends endeavored to prevail upon him to -stay within doors until noon; but it was of no avail. He knew what was -before him, and that it must be settled, one way or the other. Report -came to him, that Plummer was about to leave town, which at once put -him on his guard. The attempt to ensnare him into a fatal carelessness -was too evident.</p> - -<p>Taking his gun, he went up town, to the house of a friend—Buz Caven. -He borrowed Buz’s rifle, without remark, and stood prepared for -emergencies. After waiting some time, he went down to the butcher’s -shop which he kept, and saw Plummer frequently; but he always had -somebody close beside him, so that, without endangering another man’s -life, Hank could not fire.</p> - -<p>He finally went out of sight, and sent a man to compromise, saying they -would agree to meet as strangers. He would never speak to Crawford, and -Crawford should never address him. Hank was too wary to fall into the -trap. He sent word back to Plummer that he had broken his word once, -and that his pledge of honor was no more than the wind, to him; that -one or the other had to suffer or leave.</p> - -<p>A friend came to tell Hank that they were making arrangements to -shoot him in his own door, out of a house on the other side of the -street. Hank kept out of the door, and about noon, a lady, keeping a -restaurant, called to him to come and get a dish of coffee. He went -over without a gun.<span class="pagenum" id="Page_39">[Pg 39]</span> While he was drinking the coffee, Plummer, armed -with a double-barrelled gun, walked opposite to his shop door, watching -for a shot. A friend, Frank Ray, brought Hank a rifle. He instantly -leveled at Plummer, and fired. The ball broke his arm. His friends -gathered round him, and he said, “some son of a b——h has shot me.” He -was then carried off. He sent Hank a challenge to meet him in fifteen -days; but he paid no attention to a broken armed man’s challenge, -fifteen days ahead. In two days after, while Hank was in Meninghall’s -store, George Carrhart came in. Hank saw there was mischief in his -look, and went up to him at once, saying, “Now, George, I know what -you want. You had better go slow.” Stickney got close to him on the -other side, and repeated the caution. After a while he avowed that he -came to kill him; but, on hearing his story, he pulled open his coat, -showing his pistol ready in the band of his pants, and declared at the -same time that he would be his friend. Another party organized to come -down and shoot Crawford, but failed to carry out their intention. Some -of the citizens, hearing of this, offered to shoot or hang Plummer, if -Crawford would go with them; but he refused, and said he would take -care of himself. On the 13th of March, he started for Wisconsin, riding -on horseback to Fort Benton. He was followed by three men, but they -never came up with him, and taking boat at the river, he arrived safely -at home. It was his intention to come out in the Fall, and his brothers -sent him money for that purpose; but the coach was robbed, and all the -letters taken. The money, unfortunately, shared the fate of the mail. -Crawford was lately living at Virginia City—having returned shortly -after his marriage in the States.</p> - -<p>The account of the troubles of one man, which we have given above, has -been inserted with the object of showing the state of society which -could permit such openly planned and persistent outrages, and which -necessitated such a method of defense. Crawford, or any of the others, -might as well have applied to the Emperor of China, for redress or -protection, as to any civil official.</p> - -<p>The ball which struck Plummer in the arm ran down his bone, and lodged -in the wrist. After his execution, it was<span class="pagenum" id="Page_40">[Pg 40]</span> found brightened by the -constant friction of the joint. His pistol hand being injured for -belligerent purposes, though the limb was saved by the skill of the -attendant physician—Plummer practiced assiduously at drawing and -shooting with his left; attaining considerable proficiency; but he -never equalled the deadly activity and precision he had acquired with -the other hand, which he still preferred to use.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_VIII">CHAPTER VIII.<br /><span class="small">A CALENDAR OF CRIMES.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">The murderer’s curse, the dead man’s fixed still glare,</span><br /> -<span style="margin-left: 1em;">And fears and death’s cold sweat, they all are there.</span><br /> -</p> - - -<p>Others connected with the mock trial which we have described, fared -badly, being waylaid and cruelly beaten. <abbr title="mister">Mr.</abbr> Ellis, the principal -witness was dogged every time he went to, or returning from his claim, -and finally was compelled to return to the States. He was followed to -Fort Benton, a distance of three hundred miles, escaping death at the -hands of his pursuers by slipping away secretly down the river, and -hiding till the steamer came past, when springing joyfully from his -place of concealment, and hailing her, he was taken on board.</p> - -<p>N. P. Langford was an especial object of hatred to them. They had -counted on his favoring them, at the trial, because he voted for a -jury; but when they found that his ballot was cast for the death -penalty, they vowed vengeance against him, and a gentleman, his -particular friend. The latter could never go to his claim without a -loaded gun and a revolver. Once, the roughs had the plot all completed -for the assassination of <abbr title="mister">Mr.</abbr> Langford; but accident revealed their -preparations and intentions, and, through the timely warning of a -friend, the conspiracy failed. The combination of the comrades of the -two gentlemen, which embraced the<span class="pagenum" id="Page_41">[Pg 41]</span> order loving of the community, was -too strong to be openly defied by the roughs. The danger of sudden -surprise and assassination was, however, continued.</p> - -<p>One day, as Langford’s friends were sauntering down Main street, he -saw Plummer approaching. He immediately drew a small bowie knife from -his belt, and began to whittle a billet of wood, which he picked up -for the purpose. Soon he came face to face with Plummer, who, looking -with suspicious intelligence at the weapon, asked: “Why do you begin to -whittle when you meet me?” The citizen regarding him with a stern and -determined look, promptly answered: “<abbr title="mister">Mr.</abbr> Plummer, you know what opinion -I hold concerning you and your friends, and I don’t never intend to let -you get the advantage of me. I don’t want to be shot down like a dog.”</p> - -<p>Finding that Mitchell had not gone away from town, a great many -citizens thought it would be the height of injustice to keep Moore and -Reeves away at Hell Gate, where the snow prevented the passage of the -mountains, and, on Sunday, a miners’ meeting was called, at which their -sentence was remitted, by vote, and they accordingly came back.</p> - -<p>An attempt had also been made, before this to rob the store of <abbr title="misters">Messrs.</abbr> -Higgins & Worden, of Deer Lodge; but the proprietors got word in time -to hide the safe.</p> - -<p>The Walla Walla Express was robbed by the band of Road Agents. Plummer -directed this affair, and it is thought Long John had some share in it. -The men actually engaged in it are not known.</p> - -<p>A <abbr title="mister">Mr.</abbr> Davenport and his wife were going to Benton, from Bannack, -intending to proceed by steamboat to the States. While taking a lunch -at Rattlesnake, a man masked in black suddenly came out of the willows, -near which they were camped, and demanded their money. Davenport -said he had none; the fellow laughed, and replied that his wife had, -and named the amount. A slight application of a Colt’s corkscrew, -which was pointed at Davenport’s head, brought forth his money, and -he was ordered, on pain of death, not to go back to Bannack at once; -but to leave his wife somewhere ahead. This Davenport promised, and -performed,<span class="pagenum" id="Page_42">[Pg 42]</span> after which he returned, and obtained some money from the -citizens to assist him in his necessity. His wife proceeded to the -States, where she arrived in safety. Davenport never knew who robbed -him.</p> - -<p>The house of a Frenchman, named Le Grau, who kept a bakery and -blacksmith shop at the back of Main street, Bannack, was broken into, -and everything that could be found was stolen, after which the robbers -threw the curtains into a heap and tried to burn down the house, -but they failed in this. The greater part of the owner’s money was, -fortunately, hidden, and that they missed.</p> - -<p>We have before spoken of Geo. Carrhart. He was a remarkably handsome -man, well educated, and it has been asserted that he was a member of -one of the Western Legislatures. His manners were those of a gentleman, -when he was sober; but an unfortunate love of whiskey had destroyed -him. On one or two occasions, when inebriated, he had ridden up and -down the street, with a shot-gun in his hand, threatening everybody. He -was extremely generous to a friend, and would make him a present of a -horse, an interest in a Ranch, or indeed, of anything that he thought -he needed. His fondness for intoxicating liquors threw him into bad -company, and caused his death.</p> - -<p>One day, while sleeping in Skinner’s saloon, a young man of -acknowledged courage, named Dick Sap, was playing “poker” with George -Banefield, a gambler, whose love of money was considerably in excess of -his veneration for the eighth commandment. For the purpose of making a -“flush,” this worthy stole a card. Sap at once accused him of cheating, -on which he jumped up, drew his revolver, and leveled at Sap, who was -unarmed. A friend supplied the necessary weapon, and quick as thought, -Sap and Banefield exchanged all their shots, though, strange to say, -without effect, so far as they were personally concerned.</p> - -<p>The quarrel was arranged after some little time, and then it was -found that Buz Caven’s dog, “Toodles,” which was under the table, had -been struck by three balls, and lay there dead. A groan from Carrhart -attracted attention, and his friends looking at him, discovered that -he had been shot through the bowels, accidentally, by Banefield. -Instantly<span class="pagenum" id="Page_43">[Pg 43]</span> Moore called to Reeves and Forbes, who were present, “Boys, -they have shot Carrhart; let’s kill them,” and raising his pistol, he -let fly twice at Sap’s head. Sap threw up his hands, having no weapon, -and the balls came so close that they cut one little finger badly, and -just grazed the other hand. The road agents fired promiscuously into -the retreating crowd, one ball wounding a young man, Goliath Reilly, -passing through his heel. Banefield was shot below the knee, and felt -his leg numbed and useless. He, however, dragged himself away to a -place of security, and was attended by a skillful physician; but, -refusing to submit to amputation, he died of mortification.</p> - -<p>In proof of the insecurity of life and property in places where -such desperadoes as Plummer, Stinson, Ray and Skinner make their -headquarters, the following incident may be cited:</p> - -<p>Late in the Spring of ’63, Winnemuck, a warrior chief of the Bannacks, -had come in with his band, and had camped in the brush, about -three-fourth of a mile above the town. Skinner and the roughs called -a meeting, and organized a band for the purpose of attacking and -murdering the whole tribe. The leaders, however, got so drunk that -the citizens became ashamed, and drooped off by degrees, till they -were so few that the enterprise was abandoned. A half-breed had in -the meantime, warned Winnemuck, and the wily old warrior lost no time -in preparing for the reception of the party. He sent his squaws and -pappooses to the rear, and posted his warriors, to the number of three -or four hundred, on the right side of a canyon, in such a position -that he could have slaughtered the whole command at his ease. This he -fully intended to do, if attacked, and also to have sacked the town -and killed every white in it. This would have been an achievement -requiring no extraordinary effort, and had not the drunkenness of the -outlaws defeated their murderous purpose, would undoubtedly have been -accomplished. In fact, the men whom the Vigilantes afterwards executed, -were ripe for any villainy, being Godless, fearless, worthless, and a -terror to the community.</p> - -<p>In June of the same year, the report came in that Joe Carrigan, William -Mitchell, Joe Brown, Smith, Indian Dick,<span class="pagenum" id="Page_44">[Pg 44]</span> and four others had been -killed by the Indians, whom they had pursued to recover stolen stock, -and that overtaking them, they had dismounted and fired into their -tepees. The Indians attacked them when their pieces were emptied, -killed the whole nine, and took their stock.</p> - -<p>Old Snag, a friendly chief, came into Bannack with his band, -immediately after this report. One of the tribe—a brother-in-law of -Johnny Grant, of Deer Lodge—was fired at by Haze Lyons, to empty -his revolver, for luck, on general principles, or for his pony—it -is uncertain which. A number of citizens, thinking it was an Indian -fight, ran out, and joined in the shooting. The savage jumped from his -horse, and, throwing down his blanket, ran for his life, shouting “Good -Indian.” A shot wounded him in the hip. (His horse’s leg was broken.) -But, though badly hurt, he climbed up the mountain and got away, still -shouting as he ran, “Good Indian,” meaning that he was friendly to -the whites. Carroll, a citizen of Bannack, had a little Indian girl -living with him, and Snag had called in to see her. Carroll witnessed -the shooting we have described, and running in, he informed Snag, -bidding him and his son ride off for their lives. The son ran out and -jumped on his horse. Old Snag stood in front of the door, on the edge -of the ditch, leaning upon his gun, which was in a sole leather case. -He had his lariet in his hand, and was talking to his daughter, Jemmy -Spence’s squaw, named Catherine. Buck Stinson, without saying a word, -walking to within four feet of him, and drawing his revolver, shot him -in the side. The Indian raised his right hand and said, “Oh! don’t.” -The answer was a ball in the neck, accompanied by the remark, enveloped -in oaths, “I’ll teach you to kill whites,” and then again he shot him -through the head. He was dead when the first citizen attracted by the -firing, ran up. Carroll, who was standing at the door, called out, -“Oh don’t shoot into the house; you’ll kill my folks.” Stinson turned -quickly upon him and roared out, with a volley of curses, topped off -with the customary expletive form of address adopted by the roughs, -“Put in your head, or I’ll shoot the top of it off.” Cyrus Skinner came -up and scalped the Indian. The band scattered in flight. One who was -behind, being wounded,<span class="pagenum" id="Page_45">[Pg 45]</span> plunged into the creek, seeking to escape, but -was killed as he crawled up the bank, and fell among the willows. He -was also scalped. The remainder of them got away, and the chief’s son, -checking his horse at a distance, waved to the men who had killed his -father to come on for a fight, but the bullets beginning to cut the -ground about him, he turned his horse and fled.</p> - -<p>While the firing was going on, two ladies were preparing for a grand -ball supper in a house adjoining the scene of the murder of Snag. The -husband of one of them being absent, cutting house logs among the -timber, his wife, alarmed for his safety, ran out with her arms and -fingers extended with soft paste. She jumped the ditch at a bound, her -hair streaming in the wind, and shouted aloud, “Where’s <abbr title="mister">Mr.</abbr> ——? Will -nobody fetch me my husband?” We are happy to relate that the object of -her tender solicitude turned up uninjured, and if he was not grateful -for this display of affection, we submit to the ladies, without any -fear of contradiction, that he must be a monster.</p> - -<p>The scalp of old Snag, the butchered chief, now hangs in a Banking -House, in Salt Lake City.</p> - -<p>We have recorded a few, among many, of the crimes and outrages that -were daily committed in Bannack. The account is purposely literal -and exact. It is not pleasant to write of blasphemous and indecent -language, or to record foul and horrible crimes; but as the anatomist -must not shrink from the corpse, which taints the air, as he -investigates the symptoms and examines the results of disease, so, the -historian must either tell the truth for the instruction of mankind, or -sink to the level of a mercenary pander, who writes, not to inform the -people, but to enrich himself.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_46">[Pg 46]</span></p> - -<h2 class="nobreak" id="CHAPTER_IX">CHAPTER IX.<br /><span class="small">PERILS OF THE ROAD.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">“I’ll read you matter deep and dangerous,</span><br /> -<span style="margin-left: 1em;">As full of peril and adventurous spirit,</span><br /> -<span style="margin-left: 1em;">As to o’erwalk a current, roaring loud,</span><br /> -<span style="margin-left: 1em;">On the unsteadfast footing of a spear.”—<span class="smcap">Shak.</span></span><br /> -</p> - - -<p>On the 14th day of November, 1863, Sam. T. Hauser, and N. P. Langford -started for the States, in company with seven or eight freighters. -Owing to some delay in their preparations, they were not ready to -start at the hour proposed (twelve o’clock <span class="allsmcap">P. M.</span>) and after -considerable urging, they prevailed upon one of the freighters to delay -his departure till five o’clock <span class="allsmcap">P. M.</span> representing to him that -by driving during part of the night, they would be enabled to overtake -the rest of the train at Horse Prairie, where they were to camp for -the night. These arrangements were all made at the store of George -Chrisman, where Plummer had his office, and consequently their plans -for departure were all known to this arch-villain.</p> - -<p>During that afternoon, it was reported in Bannack that a silver lode -had been discovered, and Plummer, whose residence in Nevada had given -him some reputation as a judge of silver ores, was requested to go out -and examine it. Plummer had, on several occasions, been sent for to go -out and make minute examinations, and it had never been surmised that -his errands on these occasions were different from what they purported -to be. This notice to Plummer that a “silver lode” had been discovered, -was the signal that the occasion demanded the presence of the chief -of the gang, who was needed to head some marauding expedition that -required a skillful leader, and promised a rich booty as the reward of -success. Plummer always obeyed it, and in this instance, left Bannack -a little while after noon, taking a<span class="pagenum" id="Page_47">[Pg 47]</span> northerly direction, towards -Rattlesnake; but, after getting out of town, he changed his course and -went south, towards Horse Prairie.</p> - -<p>Before leaving Bannack, he presented <abbr title="mister">Mr.</abbr> Hauser with a woolen scarf, -telling him that he would “find it useful on the journey these cold -nights.”</p> - -<p>The two gentlemen did not complete their arrangements for starting -till half past seven in the evening; and, as they were about leaving -Hauser’s cabin, a splash, caused by the fall of some heavy body in -the water, and calls for assistance were heard from the brow of the -hill, south of Bannack. Upon going to the spot, it was found that -Henry Tilden, in attempting to cross the Bannack Ditch, had missed -the bridge, and his horse had fallen upon him in the water. On being -relieved from his dangerous situation, he went to the house of Judge -(now Governor) Edgerton, and reported that he had been robbed by three -men—one of whom was Plummer—between Horse Prairie and Bannack. After -he had detailed the circumstances, the greatest anxiety was felt for -the safety of <abbr title="misters">Messrs.</abbr> Langford and Hauser, who, it was generally -supposed had started at five o’clock on the same road.</p> - -<p>The unconscious wayfarers, however, knew nothing of the matter, but -they were, nevertheless, on the alert all the time. Hauser had that -morning communicated to his friend Langford, his suspicion that they -were being watched, and would be followed by the road agents, with the -intention of plundering them, and while Langford was loading his gun -with twelve revolver balls in each barrel, George Dart asked him why -he was “filling the gun-barrel so full of lead;” to which Langford -replied, that if they had any trouble with the road agents, it would be -on that night. So well satisfied were they that an attack upon them, -was contemplated, that they carried their guns in their hands, ready -cocked, throughout the whole journey to Horse Prairie, a distance of -twelve miles, but they saw nothing of the ruffians who robbed young -Tilden.</p> - -<p>It is supposed that Plummer and his gang had concluded that the -non-appearance of the party was owing to the knowledge of what had -happened in the afternoon, and that<span class="pagenum" id="Page_48">[Pg 48]</span> they were not coming out at all, -that night. This is the more probable, from the fact that Tilden -arrived home in time to have communicated the story of his robbery to -them before they started, and the freighter with whom they took passage -had told them that morning, in the presence of Plummer, that he would -leave them behind if they were not ready to start by five o’clock -<span class="allsmcap">P. M.</span> It is not to be thought that Plummer would have risked a -chance of missing them, by robbing Tilden of so small an amount as $10, -unless he had felt sure that they would start at the time proposed. -It is also likely that, as his intended victims did not make their -appearance, he feared that the citizens of Bannack might turn out in -search of the Road Agents who had attacked Tilden, and that it would -be prudent to return home by a circuitous route, which he did. One -thing is certain. When they missed them, Plummer went, in hot haste, -to Langford’s boarding house, to inquire whether he was gone, and on -receiving an answer in the affirmative, rode off at once in pursuit.</p> - -<p>In the wagon with Langford and Hauser, was a third passenger—a -stranger to the rest of the party—who had sent forward his blankets -by one of the vehicles which left at noon, and on his arrival at camp, -he found them appropriated by some of the party, who had given up all -ideas of seeing the others before morning, and had laid down for the -night.</p> - -<p>Rather than disturb the sleepers, Langford directed his fellow -traveller, who was in delicate health, to occupy the wagon with Hauser, -while he himself took a buffalo robe and made a bedstead of mother -earth.</p> - -<p>The night was a cold one, and becoming chilled through Langford arose -and at first walked briskly up and down by the camp, in order to warm -himself. After awhile, he turned his steps towards the creek, which was -about one hundred and fifty yards distant, but with the instinctive -caution engendered by a residence in the mountains, he armed himself -with his trusty “double-barrel,” and then, with his thoughts wandering -to other scenes and other days, he slowly sauntered by the rippling -waters.</p> - -<p>His musings were brought to a sudden close by the murmur<span class="pagenum" id="Page_49">[Pg 49]</span> of voices, -born on the breeze, accompanied by the well known tramp of horses at -speed. The banks of the rivulet were lined with willows, and lay in -deep shadow, except where an opening in the thicket disclosed the -prairie that lay beyond, sleeping peacefully in the moonlight. Drawing -aside the bushes he saw three mounted men in the act of passing one of -these avenues, at the gallop. Roused to a sense of danger, he cocked -his gun and followed them down stream, to a place where an interval -between the thickets that lined both sides of the creek gave him a good -sight of the night rangers, and stood in full view, his piece lying in -the hollow of his hand, ready for instant service.</p> - -<p>As soon as he emerged from the shelter of the willows, and the horsemen -became aware of his presence, they stopped for a few moments, and then -bore away down the valley, determined to see the end of the matter, and -having the brush for cover, while his friends were still within hail, -if needed, the watcher pushed on for about two hundred yards and wading -to the other bank, he had no sooner reached the top, than he saw four -men at that moment mounting their horses. No sooner did they observe -him than they drove their spurs into their horses’ flanks, and started -on a run for Bannack. These men were Plummer, Buck Stinson, Ned Ray and -George Ives, who, on their return to the town by another road, after -the robbery of Tilden, having found, as before related, that Langford -and Hauser had really gone—followed at once upon their track.</p> - -<p>But for the providential circumstances connected with the chance -appropriation of the blankets, and the consequent sleeping of Langford -on the ground, together with his accidental appearance with his gun in -his hand, as if on guard—the whole party would have been murdered, as -it was known to their pursuers that they had a considerable amount of -treasure with them.</p> - -<p>The scarf which Plummer presented to Hauser was given for the purpose -of enabling the cunning robber to identify his man by night.</p> - -<p>It is a somewhat singular coincidence that Plummer was hung on the next -birth day of Hauser, (the 10th of January, 1864.)</p> - -<p><span class="pagenum" id="Page_50">[Pg 50]</span></p> - -<p>The party proceeded on their journey without interruption, and on their -arrival at Salt Lake City, they were besieged by their acquaintances -with inquiries concerning several parties who were known to have -preceded them on the road thither by about a week; but the unfortunate -objects of their solicitude never reached their destination, or were -afterwards heard of. They sleep in bloody graves; but where, how, -and when they met their death, at the hands of the Road Agents, will -probably never be known. The fate that could not be avoided was, -nevertheless avenged.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_X">CHAPTER X.<br /><span class="small">THE REPULSE.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“Though few the numbers—theirs the strife,</span><br /> -<span style="margin-left: 1em;">That neither spares nor speaks for life.”—<span class="smcap">Byron.</span></span><br /> -</p> - - -<p>In the present and succeeding chapters, will be found accounts -of actual experiences with Road Agents, in the practice of their -profession. The exact chronological order of the narrative has, in -these cases, been broken in upon, that the reader may have a correct -notion of what an attack by Road Agents usually was. We shall show at -a future time what it too often became when bloodshed was added to -rapine. As the facts related are isolated, the story is not injured by -the slight anachronism.</p> - -<p>About three weeks after the occurrences recorded in the last chapter, -M. S. Moody, (Milt Moody) with three wagons started, in company with -a train of packers, for Salt Lake City. Among the later were John -McCormick, Billy Sloan, J. S. Rockfellow, J. M. Bozeman, Henry Branson -and M. V. Jones.</p> - -<p>In the entire caravan there was probably from $75,000 to $80,000 in -gold, and it must not be supposed that such a splendid prize could -escape the lynx-eyed vigilance of the Road Agents.</p> - -<p><span class="pagenum" id="Page_51">[Pg 51]</span></p> - -<p>Plummer engaged Dutch John and Steve Marshland for the job, and his -selection was not a bad one, so far as Dutch John was concerned, for -a more courageous, stalwart or reckless desperado never threw spurs -on the flanks of a cayuse, or cried “Halt!” to a true man. Steve -Marshland was a bold fellow when once in action; but he preferred -what mountaineers call a “soft thing,” to an open onslaught. This -unprofessional weakness not only saved the lives of several whom we are -proud to call friends, but ensured his own and his friends capture and -death, at the hands of the Vigilantes.</p> - -<p>In Black Tail Deer Canyon, the party were seated at breakfast, close to -a sharp turn in the road, when they heard two men conversing, close at -hand, but hidden by the brush. Says the “First Robber,” “You take my -revolver and I’ll take yours, and you come on right after me.” Every -man found his gun between his knees in less than no time, and not a -few discovered that their revolvers were cocked. Pulsation became -more active, and heads were “dressed” towards the corner. In a few -moments, Dutch John and Steve Marshland rode round the bend, with their -shot-guns ready. On seeing the party prepared to receive them, they -looked confused, and reined up. Steve Marshland recognized Billy Sloan, -and called out, “How do you do, <abbr title="mister">Mr.</abbr> Sloan?” to which Billy replied, -“Very well, <span class="allsmcap">THANK YOU</span>.” The last two words have been a trouble -to Sloan ever since, being too figurative for his conscience. By way -of excuse for their presence, the Road Agents asked if the party had -seen any horses, and whether they had any loose stock, saying that -they had been informed by some half-breeds that the animals which they -claimed to be lost had been with their train. A decided negative being -vouchsafed, they rode on.</p> - -<p>The Robbers did not expect to come upon them so soon, and were not -masked. But for this fact, and the sight of the weapons on hand -for use, if required, the train would have been relieved of the -responsibility attaching to freighting treasure in those days, without -any delay.</p> - -<p>Little did the party imagine that the safety of their property and -their lives hung upon a thread, and that, the<span class="pagenum" id="Page_52">[Pg 52]</span> evening before, the -“prudence” of Steve Marshland had saved six or eight of the party -from unexpected death. Yet so it was. Wagner and Marshland had -followed their trail, and hitching their steeds to the bush, with -their double-barrelled guns loaded with buckshot, and at full cock, -they crawled up to within fifteen feet of the camp, and leisurely -surveyed them by the light of the fire. The travellers lay around in -perfect ignorance of the proximity of the Road Agents; their guns were -everywhere but where they ought to be, and without a sentry to warn -them of the approach of danger, they carelessly exposed themselves to -death, and their property to seizure.</p> - -<p>Wagner’s proposal was that he and Marshland should select their men, -and kill four with their shot-guns; that then they should move quickly -around, and keep up a rapid fire with their revolvers, shouting loudly -at the same time, to make them believe that they were attacked by a -large concealed force. There was no fear of their shooting away all -their charges, as the arms of the men who would inevitably fall would -be at their disposal, and the chances were a hundred to one that -the remainder would take to flight, and leave their treasure—for a -considerable time, at all events—within reach of the robbers. Steve, -however, “backed down,” and the attack was deferred till the next day.</p> - -<p>It was the custom of the packers to ride ahead of the train towards -evening, in order to select a camping place, and it was while the -packers were thus separated from the train that the attack on the -wagons took place.</p> - -<p>On top of the Divide, between Red Rock and Junction, the robbers rode -up to the wagons, called on them to halt, and gathering the drivers -together, Dutch John sat on his horse, covering them with his shot-gun, -while Steve dismounted and searched both them and their wagons.</p> - -<p>Moody had slipped a revolver into his boot, which was not detected; -$100 in greenbacks, which were in his shirt pocket, were also -unnoticed. The material wealth of Kit Erskine and his comrade driver, -appeared to be represented by half a plug of tobacco, for the -preservation of which Kit pleaded; but Steve said it was “Just what he -wanted,” and appropriated it forthwith.</p> - -<p><span class="pagenum" id="Page_53">[Pg 53]</span></p> - -<p>After attending to the men, Steve went for the wagons, which he -searched, cutting open the carpet sacks, and found $1,500 in treasury -notes; but he missed the gold, which was packed on the horses, in -cantinas. In the hind wagon was a sick man, named Kennedy, with his -comrade, Lank Forbes; but the nerves of the first mentioned gentleman -was so unstrung that he could not pull trigger, when Steve climbed up -and drew the curtain. Not so with Forbes. He let drive and wounded -Steve in the breast. With an oath and a yell, Steve fell to his knees, -but recovered, and jumping down from the wagon again fell, but rose and -made, afoot, for the tall timber, at an amazing speed. The noise of the -shot frightened Dutch John’s horse, which reared as John discharged -both barrels at the teamsters, and the lead whizzed past, just over -their heads, Moody dropped his hand to his boot, and seizing the -revolver, opened fire on Dutch John, who endeavored to increase the -distance between him and the wagons, to the best of his horse’s ability.</p> - -<p>Three balls were sent after him, one of which took effect in his -shoulder. Had Moody jumped on Marshland’s horse and pursued him, he -could have killed him easily, as the shot gun was at his saddle bow. -These reflections, and suggestions, however, occur more readily to a -man sitting in an easy chair, than to the majority of the unfortunate -individuals who happen to be attacked by masked highwaymen.</p> - -<p>John’s wound and Marshland’s were proof conclusive of their guilt, when -they were arrested. John made for Bannack and was nursed there. Steve -Marshland was taken care of at Deer Lodge.</p> - -<p>The packers wondered what had become of the wagons, and, though their -anxiety was relieved, yet their astonishment was increased, when, about -8 o’clock <span class="allsmcap">P. M.</span> Moody rode up and informed them that his train -had been attacked by Road Agents, who had been repulsed and wounded.</p> - -<p>Steve’s horse, arms and equipage, together with twenty pounds of -tea, found lying on the road, which had been stolen from a Mormon -train, previously, were, as an acquaintance of ours expresses it, -“confiscated.”</p> - -<p>J. S. Rockfellow and two others rode back, and striking the trail -of Steve, followed it till eleven <span class="allsmcap">P. M.</span> When afterwards<span class="pagenum" id="Page_54">[Pg 54]</span> -arrested, this scoundrel admitted that they were within fifteen feet of -him at one time.</p> - -<p>On the ground, they found scattered along the trail of the fugitive -robber, all the stolen packages, and envelopes, containing Treasury -notes; so that he made nothing by his venture, except frozen feet; -and he lost his horse, arms and traps. J. X. Beidler met Dutch John, -and bandaged up his frozen hands, little knowing who his frigid -acquaintance was. He never tells this story without observing, “That’s -just my darned luck;” at the same time polishing the butt of his “Navy” -with one hand, and scratching his head with the other, his gray eye -twinkling like a star before rain, with mingled humor and intelligence.</p> - -<p>Lank Forbes claimed the horse and accoutrements of Steve as the lawful -spoil of his revolver, and the reward of his courage. A demurrer was -taken to this by Milt Moody, who had done the agreeable to Dutch John, -and the drivers put in a mild remonstrance on their own behalf, on the -naval principle that all ships in sight share in the prize captured. -They claimed that their “schooners,” were entitled to be represented by -the “steersmen.” The subject afforded infinite merriment to the party -at every camp. At last a Judge was elected, a jury was empannelled, -and the attorneys harangued the judicial packers. The verdict was that -Lank should remain seized and possessed of the property taken from the -enemy, upon payment of $20 to each of the teamsters, and $30 to Milt, -and thereupon the court adjourned. The travellers reached Salt Lake -City in safety.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_55">[Pg 55]</span></p> - -<h2 class="nobreak" id="CHAPTER_XI">CHAPTER XI.<br /><span class="small">THE ROBBERY OF PEABODY & CALDWELL’S COACH.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“On thy dial write, ‘Beware of thieves.’”—<span class="smcap">O. W. Holmes.</span></span><br /> -</p> - - -<p>Late in the month of October, 1863, the sickness of one of the drivers -making it necessary to procure a substitute, William Rumsey was engaged -to take the coach to Bannack. In the stage, as passengers, were -<abbr title="misters">Messrs.</abbr> Mattison, Percival and Wilkinson. After crossing the hills in -the neighborhood of Virginia City, it began to snow furiously, and -the storm continued without abatement, till they arrived within two -miles of John Baker’s Ranch, on Stinkingwater, a stream which owes its -euphonious appellation to the fact that the mountaineers who named -it found on its banks the putrifying corpses of Indians, suspended -horizontally according to their usual custom, from a frame work of -poles.</p> - -<p>The corral at the station was found to be empty, and men were -despatched to hunt up the stock. The herdsmen came back at last with -only a portion of Peabody & Caldwell’s horses, the remainder belonging -to A. J. Oliver & <abbr title="company">Co.</abbr> This detained them two hours, and finding that -they could do no better, they hitched up the leaders, that had come in -with the coach, and putting on two of Oliver’s stock for wheelers, they -drove through to Bob Dempsey’s on a run, in order to make up for lost -time.</p> - -<p>At this place they took on board another passenger, Dan McFadden, more -familiarly known as “Bummer Dan.” The speed was maintained all the -way to Point of Rocks, then called Copeland’s Ranch. There they again -changed horses, and being still behind time, they went at the gallop to -Bill Bunton’s Ranch, on Rattlesnake, at which place they arrived about -sunset.</p> - -<p>Here they discovered that the stock had been turned loose an hour -before their arrival, the people stating that<span class="pagenum" id="Page_56">[Pg 56]</span> they did not expect the -coach after its usual time was so long passed. Rumsey ordered them to -send a man to gather up the team, which was done, and, at dark, the -fellow came back, saying that he could not find them anywhere. The -consequence was that they were obliged to lie over for the night. This -was no great affliction; so they spent the time drinking whiskey, in -mountain style—Bill Bunton doing the honors and sharing the grog. They -had sense enough not to get drunk, being impressed with a reasonable -conviction of the probability of the violation of the rights of -property, if such should be the case. The driver had lost a pair of -gauntlet gloves at the same place, before. At daylight, all arose, -and two herders went out for the stock. One of them came back about -8 o’clock, and said that the stock was gone. A little before nine -o’clock, the other herder came in with the stock that had hauled the -coach over the last route.</p> - -<p>The only way they could manage was to put on a span of the coach -horses, with two old “plugs” for the wheel. The whole affair was a -plan to delay the coach, as the horses brought in were worn down -stock, turned out to recruit, and not fit to put in harness. During -the previous evening, Bob Zachary, who seemed a great friend of -Wilkinson’s, told them that he had to go on horseback to Bannack, and -to take a spare horse with him, which he wanted him to ride. The offer -was not accepted at that time, but in the morning Bob told him that -he must go, for he could not bring the horse alone by himself. The -miserable team being brought out and harnessed up, Oliver’s regular -coach, and an extra one came in sight, just at the creek crossing. Soon -Rumsey shouted, “all aboard,” the other stages came up, and all the -passengers of the three vehicles turned in, on the mutual consolation -principle, for a drink. Rumsey who sat still on the box, called, “All -aboard for Bannack,” and all took their seats but Wilkinson, who said -he had concluded to go with Bob Zachary. Bill Bunton came out with the -bottle and the glass, and gave Rumsey a drink, saying that he had not -been in with the rest, telling him at the same time that he was going -to Bannack himself, and that he wanted them to wait till he had got -through with the rest of the passengers, for that then he would go with -them. While Bunton was<span class="pagenum" id="Page_57">[Pg 57]</span> in the house, Rumsey had been professionally -swinging the whip, and found his arm so lame from the exercise of the -day before, that he could not use it. He thereupon asked the boys if -any of them were good at whipping? but they all said “No.” It was -blustering, cold and cloudy—blowing hard; they let down the curtains. -Finally, Bunton appeared and Rumsey said, “Billy, are you good at -whipping?” To which he answered, “Yes,” and getting up, whipped away, -while Rumsey drove. A good deal of this kind of work was to be done, -and Bunton said he was “a d——d good whipper.” They crossed the creek -and went on the table land at a run. The horses, however, soon began to -weaken, Bunton whipping heavily, his object being to tire the stock. -Rumsey told him to “ease up on them,” or they would not carry them -through. Bunton replied that the wheelers were a pair that had “played -out” on the road, and had been turned out to rest. He added that if -they were put beyond a walk they would fail. They went on, at a slow -trot, to the gulch, and there fell into a walk, when Bunton gave up -the whip, saying that Rumsey could do the little whipping, necessary, -and got inside. He sat down on a box beside Bummer Dan. Percival and -Madison were on the fore seat, with their backs to the driver.</p> - -<p>The stage moved on for about four minutes after this, when the coachman -saw two men wrapped in blankets, with a hood over their heads, and a -shot-gun apiece. The moment he saw them, it flashed through his mind, -“like gunpowder,” (as he afterwards said,) that they were Road Agents, -and he shouted at the top of his voice, “Look! look! boys! See what’s -a coming! Get out your arms!” Each man looked out of the nearest hole, -but Matteson, from his position was the only man that had a view of -them. They were on full run for the coach, coming out of a dry gulch, -ahead, and to the left of the road, which ran into the main canyon. He -instantly pulled open his coat, threw off his gloves, and laid his hand -on his pistol, just as they came up to the leaders, and sang out, “Up -wid your hands,” in a feigned voice and dialect. Rumsey pulled up the -horses; and they again shouted, “Up with your hands, you ——” (See -formula.) At that, Bill Bunton cried, imploringly, “Oh! for God’s<span class="pagenum" id="Page_58">[Pg 58]</span> -sake, men don’t kill one.” (He was stool-pitching a little, to teach -the rest of the passengers what to do.) “For God’s sake don’t kill -me. You can have all the money I’ve got.” Matteson was just going for -his pistol, when the Road Agents again shouted, “Up wid you’r hands,” -etc., “and keep them up.” Bunton went at his prayers again, piteously -exclaiming, “Oh! for God’s sake, men, don’t kill me. I’ll come right -to you. You can search me; I’ve got no arms.” At the same time he -commenced getting out on the same side of the coach as they were.</p> - -<p>The Road Agents then roared out, “Get down, every —— of you, and hold -up your hands, or we’ll shoot the first of you that puts them down.” -The passengers all got down in quick time. The robbers then turned to -Rumsey, and said, “Get down, you ——” (as usual) “and take off the -passengers’ arms.” This did not suit his fancy, so he replied, “You -must be d——d fools to think I’m going to get down and let this team -run away. You don’t want the team; it won’t do you any good.” “Get -down, you ——,” said the spokesman, angrily. “There’s a man that has -shown you he has no arms; let him take them,” suggested Billy. (Bunton -had turned up the skirts of his coat to prove that he had no weapons -on.) Bunton, who knew his business, called out, “I’ll hold the horses! -I’ll hold the horses!” The Road Agent who did the talking, turned to -him, saying, “Get up, you long-legged ——, and hold them.” Bunton at -once went to the leaders, behind the two Road Agents, and they wheeling -round to Billy Rumsey, ordered him down from the box. He tied the lines -round the handle of the brake and got down, receiving the following -polite reminder of his duty, “Now, you ——, take them arms off.”</p> - -<p>“Needs must, when the Devil drives,” says the proverb, so off went -Billy to Bummer Dan, who had on two “Navies,” one on each side. Rumsey -took them, and walked off diagonally, thinking that he might get a shot -at them; but they were too knowing, and at once ordered him to throw -them on the ground. He laid them down, and going back to Matteson, took -his pistol off, laying it down besides the others, the robbers yelling -to him, “Hurry up, you ——.” He then went to Percival, but he had no -arms on.</p> - -<p><span class="pagenum" id="Page_59">[Pg 59]</span></p> - -<p>The Road Agents next ordered him to take the passengers’ money, and -to throw it on the ground with the pistols. Rumsey walked over to -Percival, who taking out his sack, handed it to him. While he was -handing over, Bill Bunton took out his own purse, and threw it about -half way to Rumsey, saying, “There’s a hundred and twenty dollars for -you—all I have in the world; only don’t kill me.”</p> - -<p>Billy next went to Bummer Dan, who handed out two purses from his -pocket. Rumsey took them, and threw them on the ground besides the -pistols. The next man was Matteson; but as he dropped his hands to -take out his money, the leader shouted, “Keep up your hands, you ——. -Take his money.” Rumsey approached him, and putting his hand into his -left pocket, found there a purse and a porte monnaie. Seizing the -opportunity, he asked—in a whisper—if there was anything in the porte -monnaie. He said “No.” Rumsey turned to the robbers and said, “You -don’t want this, do you?” holding up the porte monnaie. Matteson told -them that there was nothing in it but papers. They surlily answered, -“We don’t want that.” On examining the other pocket, the searcher found -a purse, which he threw out on the ground with the pistols.</p> - -<p>They then demanded of Rumsey whether he had all; and on his answering -“Yes,” turning to Matteson the leader said, “Is that all you’ve got?” -“No,” said he, “there’s another in here.” He was holding up his hands -when he spoke, and he nudged the pocket with his elbow. The Road Agent -angrily ordered Rumsey to take it out, and not leave “Nothing.” He did -as he was bidden, and threw the purse on the ground, after which he -started for the coach, and had his foot on the hub of the wheel, when -the robbers yelled out, “Where are you going, you ——?” “To get on the -coach, you fool,” said the irate driver, “You’ve got all there is.” He -instantly retorted, “Go back there and get that big sack,” and added -pointing to Bummer Dan, “You’re the man we’re after. Get that strap off -your shoulder, you d——d Irish ——.” Bummer Dan had a strap over his -shoulder, fastened to a large purse, that went down into his pants. He -had thrown out two little sacks before.</p> - -<p>Seeing that there was no chance of saving his money, he<span class="pagenum" id="Page_60">[Pg 60]</span> commenced -unbuckling the strap, and when Rumsey got to him he had it off. Billy -took hold of the tab to pull it out, but it would not come; whereupon -he let go and stepped back. Dan commenced to unbutton his pants, the -“Cap” ordering Rumsey to jerk it off, or he would shoot him in a -minute. While he was speaking, Rumsey saw that Dan had another strap -round his body, under his shirt. He stepped back again, saying, “You -fools! you’re not going to kill a man who is doing all he can for you. -Give him time.” They ordered him to hurry up, calling him “An awkward -——,” and telling him that they hadn’t any more time to lose. Dan had -by this time got the belt loose, and he handed Rumsey a big, fringed -bag, containing two other sacks. He received it, and tossed it beside -the pistols.</p> - -<p>The Road Agents finished the proceedings by saying, “Get aboard, every -—— of you; and get out of this; and if we ever hear a word from one -of you, we’ll kill you surer than h—l.”</p> - -<p>They all got aboard, with great promptitude, Bunton mounting beside the -driver, (he did not want to get inside then,) and commenced to whip -the horses, observing that that was a d——d hot place for him, and he -would get out of it as soon as he could. Rumsey saw, at a turn of the -road by looking over the coach, that the Road Agents had dismounted, -one holding the horses, while the other was picking up the plunder, -which amounted to about $2,800.</p> - -<p>The coach went on to Bannack, and reported the robbery at Peabody’s -Express Office. George Hilderman was in Peabody’s when the coach -arrived. He seemed as much surprised as any of them. His business was -to hear what would happen, and to give word if the passengers named -either of the robbers, and then, on their return, they would have -murdered them. It was at this man’s place that Geo. Ives and the gang -with him were found. He was banished when Ives was hung. Had he been -caught only a little time afterwards, he would have swung with the -rest, as his villainies were known.</p> - -<p>The Road Agents had a private mark on the coach, when it carried money, -and thus telegraphed it along the road. Rumsey told in Bannack whom he -suspected; but he was<span class="pagenum" id="Page_61">[Pg 61]</span> wrong. Bummer Dan and Percival knew them, and -told Matteson; but neither of them ever divulged it until the men were -hung. They were afraid of their lives. Frank Parish confessed his share -in this robbery. George Ives was the other.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XIIa">CHAPTER XII.<br /><span class="small">THE SETTLEMENT OF VIRGINIA CITY AND THE MURDER OF DILLINGHAM.</span></h2> -</div> - - - -<p>Early in June, 1863, Alder Gulch was discovered by Tom Cover, Bill -Fairweather, Barney Hughes, Edgar and some others. It was a sheer -accident. After a long and unsuccessful tour, they came thither on -their way to Bannack, and one of them took a notion to try a pan of -dirt. A good prospect was obtained, and the lucky “panner” gave his -name to the far famed “Fairweather District.”</p> - -<p>Tom Cover and some others of the party returned to Bannack for -provisions, and for the purpose of communicating the discovery to their -friends. A wild stampede was the consequence.</p> - -<p>One poor fellow, while in the willows at Beaverhead, being mistaken for -a beaver, was accidentally shot by his comrade. He lived several days, -and was carefully nursed by his slayer, who was greatly grieved at the -occurrence. The stampeders came in with pack animals. Colonel McLean -brought the first vehicle to the Gulch. The stampede reached the Gulch -on the 6th of June. The course of the stream was marked by the alders, -that filled the Gulch so densely as to prevent passage, in many places. -Some people camped on the edge of the brush, about three-fourths of a -mile above the town, accidentally set it on fire, and with a tremendous -roar, the flames swept down the creek, and burned up the entire -undergrowth.</p> - -<p>Almost immediately after the first great rush from Bannack—in<span class="pagenum" id="Page_62">[Pg 62]</span> -addition to the tents, brush wakiups and extempore fixings for -shelter—small log cabins were erected. The first of these was the -Mechanical Bakery, now standing near the lower end of Wallace street. -Morier’s saloon went up at about the same time, and the first dwelling -house was built by John Lyons. After this beginning, houses rose as if -by magic. Dick Hamilton, Root & Davis, J. E. McClurg, Hall & Simpson, -N. Story and O. C. Matthews, were among the first merchants. <abbr title="doctor">Dr.</abbr> Steele -was first President of the Fairweather District. <abbr title="doctor">Dr.</abbr> G. G. Bissel was -the first Judge of the Miners’ Court. The duty of the Recorder’s Office -was, we believe, performed by James Furgus.</p> - -<p>Among the citizens were S. S. Short, Sweney and Rogers, (discoverers,) -Johnny Green, Nelson Ptomey, Judge Potter of Highland, Jem Galbraith, -Judge Smith, (afterwards banished,) W. F. Bartlett, C. Crouch, Bixter & -<abbr title="company">Co.</abbr>, Tom Conner, William Cadwell, W. Emerick, Frank Heald, Frank Woody, -Marcellus Lloyd, Washburne Stapleton, John Sharp, Jerry Nowlan, E. C. -Stickney, Frank Watkins, T. L. Luce, (Mechanical Bakery,) Robinson and -Cooley, the first bakers, (open air,) Hugh O’Neil, of fistic fame, -Jem Vivian, Jack Russell, the first man who panned out “wages” in -the Grasshopper Creek, Sargent Tisdale, W. Nowlan, of the Bank, Tom -Duffy, John Murphy, Jem Patton, Jno. Kane, Pat Lynch, John Robertson, -Worcester Wymans and Charley Wymans, Barney Gilson, and many others.</p> - -<p>The first name given to the present capital of Montana, was “Varina,” -in honor of Jeff Davis’s wife, but it was soon changed to “Virgina.” -<abbr title="doctor">Dr.</abbr> (Judge) G. G. Bissel was the first man that wrote it Virginia. -Being asked to head a legal document with “Varina,” he bluntly said he -would see them d——d first, for that was the name of Jeff. Davis’s -wife; and, accordingly, as he wrote it, so it remained. From this -little circumstance it will be seen that politics were anything but -forgotten on the banks of Alder Creek; but miners are sensible men, in -the main, and out in the mountains, a good man makes a good friend, -even where political opinions are widely different. The mountaineer -holds his own like a vice, and he extends the same privilege to others. -The theory is, “You may drive your stake where you darned<span class="pagenum" id="Page_63">[Pg 63]</span> please; -only, if you try to jump my claim, I’ll go for you, sure.”</p> - -<p>That is the basis of the mountain man’s creed, in love, law, war, -mining, and in fact, in everything regulated by principle.</p> - -<p>Of course a number of the roughs came over when the Gulch was settled, -prominent among whom was Cyrus Skinner. Per contra, “X,” was among -the early inhabitants, which fact reminds us of the line in Cato’s -soliloquy,</p> - -<p class="poetry">“My bane and antidote are both before me.”</p> - -<p>The celebrated “Rogues Antidote,” aforesaid, has, however, survived all -the renowned Road Agents of the period alluded to. The true Western man -is persistent, tough, and hard to abolish. Fierce, flighty spirits, -like Lord Byron—when they get into trouble—say:</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“Better perish by the shock,</span><br /> -<span style="margin-left: 1em;">Than moulder piece-meal on the rock.”</span><br /> -</p> - -<p>The motto of the Mountaineer, put into similar shape, would read:</p> - -<p class="poetry"> -<span style="margin-left: 1em;">Never say die, but brave the shock,</span><br /> -<span style="margin-left: 1em;">While there’s a shell-fish on the rock.</span><br /> -</p> - -<p>Which sentiment, though equally forcible, we reluctantly admit, -is, perhaps, a shade less poetical; but it is nevertheless, good -philosophy, which, with all respect for his lordship, is the reverse of -what should be said of the teaching derivable from the beautiful lines -of that erring genius.</p> - -<p>As a proof of the address and tact of Plummer, and of the terrible -state of society, it may be mentioned that he got himself elected -Sheriff, at Bannack, despite of his known character, and immediately -appointed two of his Road Agents; Buck Stinson and Ned Ray, as -Deputies. Nor did he remain contented with that; but he had the -effrontery to propose to a brave and good man, in Virginia that he -should make way for him there, and as certain death would have been -the penalty for a refusal, he consented. Thus Plummer was actually -Sheriff of both places at once. This politic move threw the unfortunate -citizens into his hands completely, and by means of his robber -deputies—whose legal functions cloaked many a crime—he ruled with a -rod of iron.</p> - -<p>The marvellous riches of the great Alder Gulch attracted<span class="pagenum" id="Page_64">[Pg 64]</span> crowds from -all the West, and afterwards from the East, also; among whom were many -diseased with crime to such an extent that for their cure, the only -available prescription was a stout cord and a good drop.</p> - -<p>Plummer had appointed as his Deputies, Jack Gallagher, Buck Stinson and -Ned Ray. The head Deputy was a man of another stripe, entirely, named -Dillingham, who had accurate knowledge of the names of the members -of the Road Agent Band, and was also acquainted with many of their -plans, though he himself was innocent. He told a man named Dodge, -who was going to Virginia with Wash Stapleton and another, that Buck -Stinson, Haze Lyons and Charley Forbes intended to rob them. Dodge, -instead of keeping his council, foolishly revealed the whole affair -to the robbers, who, of course, were much struck at the news. Hays -ejaculated, “——, is that so?” The three men at once concluded to -murder Dillingham.</p> - -<p>At Rattlesnake, Haze Lyons came to Wash Stapleton, who was on the road -between Bannack and Virginia, and asked him if he had heard about the -intended robbery, adding that he had followed Dillingham that far, -and that he had come to kill him, but he said that he feared that he -had heard about it, and had got out of the country. Wash who says -he has felt more comfortable, even when sleeping in church—at once -replied, “No; this is the first I’ve heard of it. I have only $100 in -greenbacks, and they may as well take them, if they want them, and let -me go.” The other swore it was all a d——d lie, and they separated.</p> - -<p>The robbers went on to Virginia. Jack Gallagher came to X, and wanted -a pony for his friend Stinson to ride down the Gulch. At first his -request was refused, the owner saying that he wanted to ride it down -the Gulch, himself. Jack insisted, and promising that he would be back -in half an hour, X lent it to him. He was away for two hours, and the -proprietor was “as hot as a wolf,” when he came back. The truth was -that they had been consulting and fixing the programme for the murder, -which was arranged for the next day, they having discovered that -Dillingham was in the gulch.</p> - -<p>In the morning, Buck Stinson, Haze Lyons and Charley<span class="pagenum" id="Page_65">[Pg 65]</span> Forbes might -be seen engaged in a grand “Medicine talk,” in the neighborhood of a -brush wakiup, where <abbr title="doctor">Dr.</abbr> Steele was holding court, and trying the right -to a bar claim, the subject of a suit between F. Ray and D. Jones. -Dillingham was standing close by the impromptu Hall of Justice, when -the three Road Agents came up. “We want to see you,” said Haze; Stinson -walked a pace or two ahead of the others. Haze was on one side and -Forbes was behind. “Bring him along! Make him come!” said Buck Stinson, -half turning and looking over his shoulder. They walked on about ten -paces, when they all stopped, and the three faced towards Dillingham. -“—— you, take back those lies,” said Haze, and instantly the three -pulled their pistols and fired, so closely together that eye-sight was -a surer evidence of the number of shots discharged than hearing. There -was a difference, however; Haze fired first; his ball taking effect -in the thigh. Dillingham put his hand to the spot, and groaned. Buck -Stinson’s bullet went over his head; but Charley Forbes’ shot passed -through his breast. On receiving the bullet in the chest, Dillingham -fell like an empty sack. He was carried into a brush wakiup, and lived -but a very short time.</p> - -<p>Jack Gallagher, being Deputy Sheriff, settled the matter very neatly -and effectively (for his friends.) He rushed out, as per agreement, and -took their pistols, putting them together and reloading Buck Stinson’s, -so that no one knew (that would tell) whose pistols fired the fatal -shots.</p> - -<p>The men were, of course, arrested. Red tape is an institution not yet -introduced among miners. A captain of the guard, elected by the people, -and a detail of miners, took charge of the prisoners, who were lodged -in a log building, where John Mings’ store now stands.</p> - -<p>A people’s court was organized and the trial commenced. It was a trial -by the people <span class="allsmcap">EN MASSE</span>. For our own part, knowing as we do the utter -impossibility of all the voters hearing half the testimony; seeing, -also, that the good and the bad are mingled, and that a thief’s vote -will kill the well considered verdict of the best citizen, in such -localities and under such circumstances, verdicts are as uncertain -as the direction of the wind on next Tibb’s Eve. We often<span class="pagenum" id="Page_66">[Pg 66]</span> hear of -the justice of the masses—“in the <span class="allsmcap">LONG</span> run;” but a man may get hung -“in the <span class="allsmcap">SHORT</span> run”—or may escape the rope he has so remorselessly -earned, which is, by a thousand chances to one, the more likely -result of a mass trial. The chance of a just verdict being rendered -is almost a nullity. Prejudice, or selfish fear of consequences, and -not reason, rules the illiterate, the lawless, and the uncivilized. -These latter are in large numbers in such places, and if they do -right, it is by mistake. We are of Tenterden’s opinion in the matter -of juries, (in cases like these.) “Gentlemen of the Jury,” said his -Lordship, to eleven hard looking followers of a consequential foreman, -in an appalling state of watch-chain and shirt frill, “Allow me to -congratulate you upon the soundness of your verdict; it is highly -creditable to you.” “My Lord,” replied the pursy and fussy little -bald-pated and spectacled foreman, “The ground on which we based our -verdict, was—” “Pardon me, <abbr title="mister">Mr.</abbr> Foreman,” interrupted the Judge, “Your -verdict is perfectly correct; the ground on which it is based is most -probably entirely untenable.” The favors of the dangerous classes -are bestowed, not on the worthy, but on the popular, who are their -uncommissioned leaders. Such favors are distributed like sailors’ prize -money, which is nautically supposed to be sifted through a ladder. What -goes through is for the officers; what sticks on the rounds is for the -men.</p> - -<p>James Brown and H. P. A. Smith, were in favor of a trial by twelve -men; but E. R. Cutler opposed this, for he knew that the jury would -have been impanneled by a Road Agent Sheriff. A vote was taken on the -question, by “Ayes” and “Noes;” but this failing, two wagons were drawn -up, with an interval between them. Those in favor of a trial by a jury -of twelve went through first. Those who preferred a trial by the people -traversed the vehicular defile afterwards. The motion of a jury for the -whole prevailed.</p> - -<p>Judge G. G. Bissell was appointed President by virtue of his office. -He stated that it was an irregular proceeding, but that if the people -would appoint two reliable men to sit with him, he would carry it -through. This was agreed to, <abbr title="doctor">Dr.</abbr> Steel and <abbr title="doctor">Dr.</abbr> Rutar being chosen as -associates.<span class="pagenum" id="Page_67">[Pg 67]</span> Three Doctors were thus appointed Judges, and naturally -enough directed the “medicine talk” on the subject.</p> - -<p>E. R. Cutler, a blacksmith, was appointed Public Prosecutor; Jem Brown -was elected assistant; Judge H. P. A. Smith was for the defense, and -the whole body of the people were Jurors. We may add that the jury box -was Alder Gulch, and that the throne of Justice was a wagon, drawn up -at the foot of what is now Wallace street.</p> - -<p>The trial commenced by the indictment of Buck Stinson and Haze Lyons, -and continued till dark, when the court adjourned. The prisoners were -placed under a strong guard at night. They were going to chain them, -but they would not submit. Charley Forbes said he “would suffer death -first.” This (of course?) suited the guard of miners, and quick as -a flash, down came six shot guns in a line with Charley’s head. The -opinion of this gentlemen on the subject of practical concatenation -underwent an instantaneous change. He said, mildly, “Chain me.” The -fetters were composed of a light logging chain and padlocks.</p> - -<p>All was quiet during the rest of the night; but Haze sent for a -“leading citizen,” who, covered by the guns of the guard, approached -and asked him what he wanted. “Why,” said he, “I want you to let these -men off. I am the man that killed Dillingham. I came over to do it, -and these men are innocent. I was sent here by the best men in Bannack -to do it.” Upon being asked who they were, he named some of the best -citizens, and then added, “Henry Plummer told me to shoot him.” The -first half of the statement was an impossible falsehood, many of the -men knowing nothing of the affair for several days after. The last -statement was exactly true.</p> - -<p>After breakfast, the trial was resumed, and continued till near noon. -The attorneys had by this time finished their pleas, and the question -was submitted to the people, “<span class="smcap">Guilty, or not Guilty?</span>” A nearly -unanimous verdict of “Guilty,” was returned. The question as to the -punishment to be inflicted was next submitted by the President, and a -chorus of voices from all parts of the vast assembly, shouted, “Hang -them.” Men were at once appointed to build a scaffold and to dig the -graves of the doomed criminals.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_68">[Pg 68]</span></p> - -<h2 class="nobreak" id="CHAPTER_XIIb">CHAPTER XII.</h2> -</div> - - -<p>In the meantime, Charley Forbes’ trial went on. An effort was made to -save Charley on account of his good looks and education, by producing -a fully loaded pistol, which they proved (?) was his. It was, however, -Buck Stinson’s, and had been “set right” by Gallagher. The miners -had got weary, and many had wandered off, when the question was put; -but his own masterly appeal, which was one of the finest efforts of -eloquence ever made in the mountains, saved him.</p> - -<p>Forbes was a splendid looking fellow—straight as a ramrod; handsome, -brave and agile as a cat, in his movements. His friends believed -that he excelled Plummer in quickness and dexterity at handling his -revolver. He had the scabbard sewn to the belt, and wore the buckle -always exactly in front, so that his hand might grasp the butt, with -the forefinger on the trigger and the thumb on the cock, with perfect -certainty, whenever it was needed, which was pretty often.</p> - -<p>Charley told a gentleman of the highest respectability that he killed -Dillingham, and he used to laugh at the “softness” of the miners who -acquitted him. He moreover warned the gentleman mentioned that he would -be attacked on his road to Salt Lake; but the citizen was no way scary, -and said, “You can’t do it, Charley; your boys are scattered and we -are together, and we shall give you ——, if you try it.” The party -made a sixty mile drive the first day, and thus escaped molestation. -Charley had corresponded with the press, some articles on the state and -prospects of the Territory having appeared in the California papers, -and were very well written.</p> - -<p>Charley was acquitted by a nearly unanimous vote. Judge Smith burst -into tears, fell on his neck and kissed him, exclaiming, “My boy! my -boy!” Hundreds pressed round<span class="pagenum" id="Page_69">[Pg 69]</span> him, shaking hands and cheering, till it -seemed to strike them all at once, that there were two men to hang, -which was even more exciting, and the crowd “broke” for the “jail.”</p> - -<p>A wagon was drawn up by the people to the door, in which the criminals -were to ride to the gallows. They were then ordered to get into the -wagon, which they did, several of their friends climbing in with them.</p> - -<p>At this juncture, Judge Smith was called for, and then, amidst -tremendous excitement and confusion; Haze Lyons crying and imploring -mercy; a number of ladies, much affected, begged earnestly to “Save the -poor young boys’ lives.” The ladies admit the crying; but declare that -they wept in the interest of fair play. One of them saw Forbes kill -Dillingham, and felt that it was popular murder to hang Stinson and -Lyons, and let off the chief desperado, because he was good looking. -She had furnished the sheet with which the dead body was covered.</p> - -<p>We cannot blame the gentle hearted creatures; but we deprecate the -practice of admitting the ladies to such places. They are out of -their path. Such sights are unfit for them to behold, and in rough -and masculine business of every kind, women should bear no part. It -unsexes them and destroys the most lovely parts of their character. -A woman is a queen in her own home; but we neither want her as a -blacksmith, a plough-woman, a soldier, a lawyer, a doctor, nor in any -such professions or handicraft. As sisters, mothers, nurses, friends, -sweethearts and wives, they are the salt of the earth, the sheet anchor -of society, and the humanizing and purifying element in humanity. As -such, they cannot be too much respected, loved and protected. But from -Blue Stockings, Bloomers, and strong-minded she-males, generally, “Good -Lord, deliver us.”</p> - -<p>A letter (written by other parties to suit the occasion) was produced, -and a gentleman—a friend of Lyons—asked that “The letter which Haze -had written to his mother, might be read.” This was done, amid cries of -“Read the letter,” “—— the letter;” while others who saw how it would -turn out, shouted, “Give him a horse and let him go to his mother.” -A vote was taken again, after it had all been settled,<span class="pagenum" id="Page_70">[Pg 70]</span> as before -mentioned—the first time by ayes and noes. Both parties claimed the -victory. The second party was arranged so that the party for hanging -should go up-hill, and the party for clearing should go down-hill. -The down-hill men claimed that the prisoners were acquitted; but the -up-hills would not give way. All this time, confusion confounded -reigned around the wagon. The third vote was differently managed. -Two pairs of men were chosen. Between one pair passed those who were -for carrying the sentence into execution, and between the other pair -marched those who were for setting them at liberty. The latter party -ingeniously increased their votes by the simple but effectual expedient -of passing through several times, and finally, an honest Irish miner, -who was not so weak-kneed as the rest, shouted out, “Be ——, there’s -a bloody naygur voted three times.” The descendant of Ham broke for -the willows at top speed, on hearing this announcement. This vote -settled the question, and Gallagher, pistol in hand, shouted, “Let -them go, they’re cleared.” Amidst a thousand confused cries of, “Give -the murderers a horse,” “Let them go,” “Hurrah!” etc., one of the -men, seeing a horse with an Indian saddle, belonging to a Blackfoot -squaw, seized it, and mounting both on the same animal, the assassins -rode at a gallop out of the gulch. One of the guard remarked to -another—pointing at the same time to the gallows—“There is a monument -of disappointed Justice.”</p> - -<p>While all this miserable farce was being enacted, the poor victim of -the pardoned murderers lay stark and stiff on a gambling table, in a -brush wakiup, in the gulch. Judge Smith came to X, and asked if men -enough could not be found to bury Dillingham. X said there were plenty, -and, obtaining a wagon, they put the body into a coffin, and started up -the “Branch,” towards the present graveyard on Cemetery Hill, where the -first grave was opened in Virginia, to receive the body of the murdered -man. As the party proceeded, a man said to Judge Smith; “Only for my -dear wife and daughter, the poor fellows would have been hanged.” A -citizen, seeing that the so-called ladies had not a tear to shed for -the <span class="allsmcap">VICTIM</span>, promptly answered, “I take notice that your dear -wife and daughter have no tears for<span class="pagenum" id="Page_71">[Pg 71]</span> poor Dillingham; but only for two -murderers.” “Oh,” said the husband, “I cried for Dillingham.” “Darned -well you thought of it,” replied the mountaineer. A party of eight or -ten were around the grave, when one asked who would perform the burial -service. Some one said, “Judge, you have been doing the talking for the -last three days, and you had better pray.” The individual addressed -knelt down and made a long and appropriate prayer; but it must be -stated that he was so intoxicated that kneeling, was, at least, as -much a convenience as it was a necessity. Some men never “experience -religion” unless they are drunk. They pass through the convivial and -the narrative stages, into the garrulous, from which they sail into -the religious, and are deeply affected. The scene closes with the -lachrymose or weeping development, ending in pig like slumbers. Any one -thus moved by liquor is not reliable.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XIII">CHAPTER XIII.<br /><span class="small"><span class="allsmcap">THE ROBBERY OF THE SALT LAKE MAIL COACH BY GEORGE IVES, BILL GRAVES -</span>alias <span class="allsmcap">WHISKEY BILL, AND BOB ZACHARY</span>.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“Which is the villain? Let me see his eyes,</span><br /> -<span style="margin-left: 1em;">That when I note another man like him</span><br /> -<span style="margin-left: 1em;">I may avoid him.”—<span class="smcap">Shakspeare.</span></span><br /> -</p> - - -<p>At the latter end of the month of November, 1863, Oliver’s Salt Lake -coach, driven by Thos. C. Caldwell, left Virginia for Salt Lake City, -carrying as passengers Leroy Southmayde and Captain Moore. There was -also a discharged driver named Billy. At about three <span class="allsmcap">P. M.</span>, they -reached Loraine’s Ranch, where George Ives rode up and stopped. He -wanted to get a change of horses, but could not obtain them. He then -ordered grain for his horse, standing beside Southmayde all the time. -Suddenly he said, “I have heard of Tex; he is at Cold Spring Ranch,” -and then ordered his horse. Steve Marshland was in his company.<span class="pagenum" id="Page_72">[Pg 72]</span> -Between Loraine’s and Cold Spring Ranch, they passed the coach, and -sure enough there the three were, in conversation at the Ranch, as the -stage drove up.</p> - -<p>Tex, alias Jem Crow, afterwards stated that they told him they were -going to rob the stage that night. Old Tex was watching the coach when -it started from Virginia, and Captain Moore observing him and knowing -his character, told Southmayde that he did not like to see him there. -Circumstances and conclusive testimony have since proved that he was -the spy, and being furnished with a fleet horse, he rode across the -country, at full speed, heading the coach, as before described.</p> - -<p>They drove on to the point of Rocks, and there they lay over till -morning. At Stone’s Ranch, the Road Agents made a circuit and passed -the coach unobserved. Ives had been joined, in the meanwhile, by -Whiskey Bill and Bob Zachary. About 11 <span class="allsmcap">A. M.</span>, the travelers -overtook the three Road Agents. Each one had his shot gun lying over -his left arm, and they appeared, from behind, like hunters. As the -stage came up, they wheeled their horses, at once, and presented -their pieces. Bill Graves drew a bead on Tom Caldwell; Ives covered -Southmayde, while Bob Zachary, keeping his gun pointed at the coach, -watched Captain Moore and Billy.</p> - -<p>Southmayde had the opportunity of looking down the barrels of Ives’s -gun, and could almost see the buckshot getting ready for a jump. As -a matter of taste, he thinks such a sight anything but agreeable or -edifying, and if his luck should bring him in the vicinity of Road -Agents in pursuit of their calling, he confidentially informs us that -he would prefer a side view of the operation, as he would then be able -to speak dispassionately of the affair. To report without “Fear, favor -or affection,” is rather hard when the view is taken in front, at short -range. Without “Favor or affection” can be managed; but the observance -of the first condition would necessitate an indifference to a shower -of “cold pewter,” possessed only by despairing lovers of the red-cover -novellette class, and these men never visit the mountains; alkali, -sage brush fires, and “beef-straight” having a decidedly “material” -tendency, and being very destructive of<span class="pagenum" id="Page_73">[Pg 73]</span> sentiment. Ives called out, -“halt! throw up your hands,” and then bade Zachary “Get down and look -after those fellows.”</p> - -<p>Accordingly Bob dismounted, and leaving his horse, he walked, gun in -hand, up to Southmayde. While engaged in panning out Southmayde’s dust, -he trembled from head to foot (and that not with cold.)</p> - -<p>The appearance of the Road Agents, at this moment, was striking, and -not at all such as would be desired by elderly members of the “Peace -party.” Each man had on a green and blue blanket, covering the body -entirely. Whiskey Bill wore a “plug” hat, (the antitype of the muff -on a soup-plate usually worn in the East.) His sleeves were rolled up -above the elbow; he had a black silk handkerchief over his face, with -holes for sight and air, and he rode a gray horse, covered from the -ears to the tail with a blanket, which, however, left the head and legs -exposed to view. George Ives’ horse was blanketed in the same way. It -was a dappled gray, with a roached mane. He himself was masked with a -piece of a gray blanket, with the necessary perforations. Zachary rode -a blue-gray horse, belonging to Bob Dempsey, (“All the country” was -their stable)—blanketed like the others—and his mask was a piece of a -Jersey shirt.</p> - -<p>Ives was on the off side of the driver, and Graves on the near side. -When Zachary walked up to Southmayde, he said, “Shut your eyes.” This -Southmayde respectfully declined, and the matter was not pressed. Bob -then took Leroy’s pistol and money, and threw them down.</p> - -<p>While Southmayde was being robbed, Billy, feeling tired, put down -his hands; upon which Ives instantly roared out, “Throw them up, you -——.” It is recorded that Billy obeyed with alacrity, though not with -cheerfulness.</p> - -<p>Zachary walked up to Captain Moore and made a similar request. The -Captain declared with great solemnity, as he handed him his purse, that -it was “All he had in the world;” but it afterwards appeared that a sum -of $25 was not included in that estimate of his terrestial assets; for -he produced this money when the Road Agents had disappeared.</p> - -<p>Continuing his search, the relieving officer came to Billy, and -demanded his pistol, which was immediately handed over. Ives asked, -“Is it loaded,” and being answered in<span class="pagenum" id="Page_74">[Pg 74]</span> the negative, told Bob to give -it back to the owner. Tom Caldwell’s turn came next. He had several -small sums belonging to different parties, which he was carrying for -them to their friends, and also he had been commissioned to make some -purchases. As Bob approached him, he exclaimed, “My God! what do you -want with me; I have nothing.” Graves told Zachary to let him alone, -and inquired if there was anything in the mail that they wanted. Tom -said he did not think that there was. Zachary stepped upon the brake -bar and commenced an examination, but found nothing. As Caldwell looked -at Zachary while he was thus occupied, Ives ordered him not to do that. -Tom turned and asked if he might look at him. Ives nodded.</p> - -<p>Having finished his search, Zachary picked up his gun, and stepped -back. Ives dismissed the “parade” with the laconic command, “Get up and -‘skedaddle.’”</p> - -<p>The horses were somewhat restive, but Tom held them fast, and -Southmayde, with a view to reconnoitering, said in a whisper, “Tom, -drive slow.” Ives called out, “Drive on.” Leroy turned round on his -seat, determined to find out who the robbers were, and looked carefully -at them for nearly a minute, which Ives at last observing, he yelled -out, “If you don’t turn round, and mind your business, I’ll shoot -the top of your head off.” The three robbers gathered together, and -remained watching, till the coach was out of sight.</p> - -<p>Leroy Southmayde lost $400 in gold, and Captain Moore delivered up $100 -in Treasury Notes, belonging to another man.</p> - -<p>The coach proceeded on its way to Bannack without further molestation, -and on its arrival there, Plummer was in waiting, and asked, “Was the -coach robbed to-day?” and being told that it had been, as Southmayde -jumped down, he took him by the arm, and knowing him to be Sheriff, -Southmayde was just about to tell him all about it, when Judge G. G. -Bissell gave Leroy a slight nudge, and motioned for him to step back, -which he did, and the Judge told him to be very careful what he told -that man, meaning Plummer; Southmayde closed one eye as a private -signal of comprehension, and rejoined Plummer, who said, “I think I -can tell you who it was that robbed you.” Leroy asked, “Who?”<span class="pagenum" id="Page_75">[Pg 75]</span> Plummer -replied, “George Ives was one of them.” Southmayde said, “I know; and -the others were Whiskey Bill and Bob Zachary; and I’ll live to see them -hanged before three weeks.” Plummer at once walked off, and though -Leroy was in town for three days, he never saw him afterwards. The -object of Plummer’s accusation of Ives was to see whether Southmayde -really knew anything. Some time after, Judge Bissell—who had overheard -Southmayde telling Plummer who the thieves were—remarked to him, -“Leroy, your life is not worth a cent.”</p> - -<p>On the second day after, as Tom was returning, he saw Graves at the -Cold Spring Ranch, and took him on one side asking him if he had heard -of the “little robbery.” Graves replied that he had, and asked him -if he knew who were the perpetrators. Tom said, “No,” adding, “And I -wouldn’t for the world; for if I did, and told of them, I shouldn’t -live long.” “That’s a fact, Tom,” said Graves, “You wouldn’t live -fifteen minutes. I’ll tell you of a circumstance as happened to me -about bein’ robbed in Californy:</p> - -<p>“One night about ten o’clock, me and my partner was ridin’ along, and -two fellers rode up and told us to throw up our hands, and give up -our money. We did it pretty quick I guess. They got $2,000 in coined -gold from us. I told ’em, ‘Boys,’ sez I, ‘It’s pretty rough to take -all we’ve got.’ So the feller said it was rather rough, and he gave us -back $40. About a week after, I seen the two fellers dealin’ Faro. I -looked pretty hard at them, and went out. One of the chaps follered me, -and sez he, ‘Ain’t you the man that was robbed the other night?’ ‘No,’ -sez I, for I was afraid to tell him the truth. Sez he, ‘I want you to -own up; I know you’re the man. Now I’m agoing to give you $4,000 for -keeping your mouth shut,’ and he did, ——. Now you see, Tom, that’s -what I got for keepin’ my mouth shut. I saved my life, and got $4,000.”</p> - -<p>Ives made for Virginia City, and there told, in a house of ill-fame, -that he was the Bamboo chief that made Tom Caldwell throw up his hands, -and that, ——, he would do it again. He and a Colorado driver, who -was a friend of Caldwell’s went together to Nevada. Each of them had -a shot-gun. Ives was intoxicated. The driver asked Ives whom<span class="pagenum" id="Page_76">[Pg 76]</span> did he -suppose to be the robbers; to which he quickly replied, “I am the -Bamboo chief that robbed it,” etc., etc., as before mentioned. The -man then said, “Don’t you think Tom knows it?” “Of course I do,” said -George. As they came back to town, the driver saw Tom, and waved to him -to keep back, which he did, and sent a man to inquire the reason of the -signal. The messenger brought him back information of what had passed, -and told him to keep out of Ives’ way, for he was drunk and might kill -him.</p> - -<p>The same evening, Tom and his friend went to the Cold Spring Ranch -together, on the coach, and the entire particulars came out, in -conversation. The driver finished the story by stating that he sat on -his horse, ready to shoot Ives, if he should succeed in getting the -“drop” on Caldwell.</p> - -<p>Three days after, when Southmayde was about to return from Bannack, -Buck Stinson and Ned Ray came into the Express Office, and asked -who were for Virginia. On being told that there were none but -Southmayde, they said, “Well, then, we’ll go.” The Agent came over -and said to Leroy, “For God’s sake, don’t go; I believe you’ll be -killed.” Southmayde replied, “I have got to go; and if you’ll get me -a double-barrelled shot gun, I will take my chances.” Oliver’s Agent -accordingly provided Leroy Southmayde, Tom Caldwell, and a young -lad about sixteen years of age, who was also going by the coach to -Virginia, with a shot gun each. Leroy rode with Tom. They kept a keen -eye on a pair of Road Agents, one driving and the other watching.</p> - -<p>The journey was as monotonous as a night picket, until the coach -reached the crossing of the Stinkingwater, where two of the three men -that robbed it (Bob Zachary and Bill Graves) were together, in front -of the station, along with Aleck Carter. Buck Stinson saw them, and -shouted, “Ho! you —— Road Agents.” Said Leroy to Tom Caldwell, “Tom, -we’re gone up.” Said Tom, “That’s so.”</p> - -<p>At the Cold Spring Station, where the coach stopped for supper, the -amiable trio came up. They were, of course fully armed with gun, -pistols and knife. Two of them set down their guns at the door, and -came in. Aleck Carter had his gun slung at his back. Bob Zachary -feigning to be<span class="pagenum" id="Page_77">[Pg 77]</span> drunk, called out, “I’d like to see the —— man that -don’t like Stone.” Finding that, as far as could be ascertained, -everybody present, had a very high opinion of Stone, he called for a -treat to all hands, which having been disposed of, he bought a bottle -of whiskey and behaved “miscellaneously” till the coach started.</p> - -<p>After going about a quarter of a mile, they wheeled their horses and -called “Halt.” The instant the word left their lips, Leroy dropped his -gun on Aleck Carter; Tom Caldwell, and the other passenger each picked -his man, and drew a bead on him, at the same moment. Aleck Carter -called out, “We only want you to take a drink; but you can shoot and -be ——, if you want to.” Producing the bottle, it was handed round; -but Leroy and Tom only touched their lips to it. Tom believed it to be -poisoned. After politely inquiring if any of the —— wanted any more, -they wheeled their horses, saying, “We’re off for Pete Daley’s,” and -clapped spurs to their horses, and headed for the Ranch, going on a -keen run.</p> - -<p>Before leaving Cold Spring Ranch, Leroy Southmayde told Tom that he saw -through it all, and would leave the coach; but Tom said he would take -Buck up beside him, and that surely the other fellow could watch Ray. -Buck did not like the arrangement; but Tom said, “You’re an old driver, -and I want you up with me, ——.”</p> - -<p>The two passengers sat with their shot guns across their knees, ready -for a move on the part of either of the robbers.</p> - -<p>At Lorraine’s Ranch, Leroy and Caldwell went out a little way from -the place, with the bridles in their hands, and talked about the -“situation.” They agreed that it was pretty rough, and were debating -the propriety of taking to the brush, and leaving the coach, when their -peace of mind was in no way assured by seeing that Buck Stinson was -close to them, and must have overheard every word they had uttered. -Buck endeavored to allay their fears by saying there was no danger. -They told him that they were armed, and that if they were attacked, -they would make it a warm time for some of them; at any rate, they -would “get” three or four of them. Buck replied, “Gentlemen, I pledge -you my<span class="pagenum" id="Page_78">[Pg 78]</span> word, my honor, and my life, that you will not be attacked -between this and Virginia.”</p> - -<p>The coach went on, directly the horses were hitched up, and Buck -commenced roaring out a song, without intermission, till at last he -became tired, and then, at his request, Ray took up the chorus. This -was the signal to the other three to keep off. Had the song ceased, an -attack would have been at once made, but, without going into Algebra, -they were able to ascertain that such a venture had more peril than -profit, and so they let it alone. The driver, Southmayde and the young -passenger were not sorry when they alighted safe in town. Ned Ray -called on Southmayde and told him that if he knew who committed the -robbery he should not tell; for that death would be his portion if he -did.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XIV">CHAPTER XIV.<br /><span class="small">THE OPENING OF THE BALL—GEORGE IVES.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">They mustered in their simple dress,</span><br /> -<span style="margin-left: 1em;">For wrongs to seek a stern redress.</span><br /> -</p> - - -<p>As a matter of course, after the failure of Justice in the case of the -murderers of Dillingham, the state of society, bad as it was rapidly -deteriorated, until a man could hardly venture to entertain a belief -that he was safe for a single day. We have been repeatedly shown -places where bullets used to come through the chinks between the logs -separating one of the stores in town from a saloon. Wounded men lay -almost unnoticed about the city, and a night or day without shooting, -knifing or fighting would have been recognized as a small and welcome -instalment of the millennium. Men dared not go from Virginia to Nevada -or Summit after dark. A few out of the hundreds of instances must -suffice. A Dutchman, known as Dutch Fred, was met by one of the band, -who ordered him to throw up his hands, as usual. Finding he had $5 in -Treasury Notes with him, the robber<span class="pagenum" id="Page_79">[Pg 79]</span> told him he would take them at -par, and added with a volley of curses, “If ever you come this way with -only $5, I’ll shoot you; —— you, I’ll shoot you anyhow,” and raising -his pistol, he shot him in the arm. Another man was robbed of two or -three dollars, about two or three miles below Nevada, and was told that -if ever he came with as little money again they would kill him.</p> - -<p>George Ives was a young man of rather prepossessing appearance, -probably twenty-seven years old. His complexion and hair were light, -and his eyes blue. He wore no whiskers. His height was nearly six -feet, and he wore a soldier’s overcoat and a light felt hat. The -carriage of this renowned desperado was sprightly, and his coolness -was imperturbable. Long practice in confronting danger had made him -absolutely fearless. He would face death with an indifference that had -become constitutional, and the spirit of reckless bravado with which he -was animated made him the terror of the citizens. He would levy black -mail under the guise of a loan and as a matter of sport, and to show -the training of his horse, he would back the animal into the windows of -a store, and then ride off laughing. In looking at Ives a man would, at -first sight, be favorably impressed; but a closer examination by any -one skilled in physiognomy, would detect in the lines of the mouth and -in the strange, fierce and sinister gleam of the eye, the quick spirit -which made him not only the terror of the community, but the dread of -the band of ruffians with whom he was associated.</p> - -<p>As before mentioned, he was with Henry Plummer when he started to rob -Langford and Hauser; he assisted at the robbery of the coaches in -October and November, and, after that, he figured as a highwayman with -Aleck Carter, down on Snake River, under the alias of Lewis.</p> - -<p>In company with a friend, he visited his comrades, Hunter and Carter, -at Brown’s Gulch, and on their way back, among the hills which form, -as it were, the picket line of the Ramshorn Mountains, the two met -Anton M. Holter, now a citizen of Virginia. They politely invited him -to replenish their exchequers by a draft on his own, which, under the -circumstances, he instantly did; but he was able at the moment to honor -only a small check. They read him a lecture<span class="pagenum" id="Page_80">[Pg 80]</span> upon the impropriety of -travelling with so small a sum in his possession, and then, as an -emphatic confirmation of their expressed displeasure, George drew his -revolver, and, aiming at his head, sent a ball through his hat, grazing -his scalp. A second shot, with more deliberate aim, was only prevented -by the badness of the cap. After this failure, this “Perfect gentleman” -went his way, and so did Holter, doubtless blessing the cap maker.</p> - -<p>Tex was a frequent companion of Ives, who was also intimate with -Plummer, and George used frequently to show their letters, written in -cypher, to unskilled if not unsuspecting citizens. He spent a life of -ceaseless and active wickedness up to the very day of his capture.</p> - -<p>Perhaps the most daring and cold blooded of all his crimes was the -murder which he committed near the Cold Spring Ranch. A man had been -whipped for larceny near Nevada, and to escape the sting of the lash, -he offered to give information about the Road Agents. Ives heard of -it, and meeting him purposely between Virginia and Dempsey’s, he -deliberately fired at him with his double-barrelled gun. The gun was so -badly loaded, and the man’s coat so thickly padded that the buckshot -did not take effect, upon which he coolly drew his revolver and, -talking to him all the time, shot him dead. This deed was perpetrated -in broad daylight, on a highway—a very Bloomingdale Road of the -community—and yet, there, in plain view of Daley’s and the Cold Spring -Ranch, with two or three other teams in sight, he assassinated his -victim, in a cool and business like manner, and when the murdered man -had fallen from his horse, he took the animal by the bridle and led it -off among the hills.</p> - -<p>Ives then went to George Hilderman and told him that he should like to -stay at his wakiup for a few days, as he had killed a man near Cold -Spring Ranch, and there might be some stir and excitement about it.</p> - -<p>In about half an hour after, some travellers arrived at the scene -of murder. The body was still warm, but lifeless, and some of the -neighbors from the surrounding ranches dug a<span class="pagenum" id="Page_81">[Pg 81]</span> lonely grave in the -beautiful valley, and there, nameless, uncoffined and unwept, the poor -victim:</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“Life’s fitful fever over,</span><br /> -<span style="margin-left: 1em;">Sleeps well.”</span><br /> -</p> - -<p>The passer-by may even now notice the solitary grave, where he lies, -marked as it still is by the upheaved earth, on the left side of the -road as he goes down the valley, about a mile on the Virginia side of -the Cold Spring Ranch.</p> - -<p>All along the route the ranchmen knew the Road Agents, but the -certainty of instant death in case they revealed what they knew -enforced their silence, even when they were really desirous of giving -information or warning.</p> - -<p>Nicholas Tbalt had sold a span of mules to his employers, Butschy & -Clark, who paid him the money. Taking the gold with him, he went to -Dempsey’s Ranch to bring up the animals. Not returning for some time, -they concluded that he had run away with the mules, and were greatly -grieved that a person they had trusted so implicitly should deceive -them. They were, however, mistaken. Faithful to his trust, he had gone -for the mules, and met his death from the hand of George Ives, who -shot him, robbed him of his money, and stole his mules. Ives first -accused Long John of the deed; but he was innocent of it, as was also -Hilderman, who was a petty thief and hider, but neither murderer nor -Road Agent. His gastronomic feats at Bannack had procured him the name, -the American Pie-Eater. Ives contradicted himself at his execution, -stating that Aleck Carter was the murderer; but in this he wronged his -own soul. His was the bloody hand that committed the crime. Long John -said, on his examination at the trial, that he did not see the shots -fired, but that he saw Nicholas coming with the mules, and George Ives -going to meet him; that Ives rode up shortly after with the mules, and -said that the Dutchman would never trouble anybody again.</p> - -<p>The body of the slaughtered young man lay frozen, stiff and stark, -among the sage brush, whither it had been dragged, unseen of man; but -the eye of Omniscience rested on the blood-stained corpse, and the -fiat of the Eternal Judge ordered the wild bird of the mountains to -point out the spot, and, by a miracle, to reveal the crime. It was the<span class="pagenum" id="Page_82">[Pg 82]</span> -finger of God that indicated the scene of the assassination, and it was -His will stirring in the hearts of the honest and indignant gazers on -the ghastly remains of Tbalt that organized the party which, though not -then formally enrolled as a Vigilance Committee, was the nucleus and -embryo of the order—the germ from which sprang that goodly tree, under -the shadow of whose wide-spreading branches the citizens of Montana can -lie down and sleep in peace.</p> - -<p>Nicholas Tbalt was brought into Nevada on a wagon, after being missing -for ten days. William Herren came to Virginia and informed Tom Baume, -who at once went down to where the body lay. The head had been pierced -by a ball, which had entered just over the left eye. On searching the -clothes of the victim, he found in his pocket a knife which he had lent -him in Washington Gulch, Colorado, two years before, in presence of J. -X. Beidler and William Clark.</p> - -<p>The marks of a small lariat were on the dead man’s wrists and neck. He -had been dragged through the brush, while living, after being shot, and -when found lay on his face, his right arm bent across his chest and his -left grasping the willows above him.</p> - -<p>William Palmer was coming across the Stinkingwater Valley, near the -scene of the murder, ahead of his wagon, with his shot-gun on his -shoulder. A grouse rose in front of him, and he fired. The bird dropped -dead on the body of Tbalt. On finding the grouse on the body, he went -down to the wakiup, about a quarter of a mile below the scene of the -murder, and seeing Long John and George Hilderman there, he told them -that there was the body of a dead man below, and asked them if they -would help him to put the corpse into his wagon, and that he would take -it to town, and see if it could be identified. They said “No; that is -nothing. They kill people in Virginia every day, and there’s nothing -said about it, and we want to have nothing to do with it.”</p> - -<p>The man lay for half a day exposed in the wagon, after being brought -up to Nevada. Elk Morse, William Clark and Tom Baume got a coffin made -for him; took him up to the burying ground above Nevada; interred him -decently,<span class="pagenum" id="Page_83">[Pg 83]</span> and, at the foot of the grave, a crotched stick was placed, -which is, we believe still standing.</p> - -<p>The indignation of the people was excited by the spectacle. The same -afternoon, three or four of the citizens raised twenty-five men, and -left Nevada at 10 <span class="allsmcap">P. M.</span> The party subscribed an obligation before -starting, binding them to mutual support, etc., and then travelled -on, with silence and speed, towards the valley of the Stinkingwater. -Calling at a Ranch on their way, they obtained an accession to their -numbers, in the person of the man who eventually brought Ives to bay, -after he had escaped from the guard who had him in charge. Several men -were averse to taking him with them, not believing him to be a fit man -for such an errand; but they were greatly mistaken, for he was both -honest and reliable, as they afterwards found.</p> - -<p>Avoiding the travelled road, the troop rode round by the bluff, so as -to keep clear of Dempsey’s Ranch. About six miles further on, they -called at a cabin and got a guide, to pilot them to the rendezvous.</p> - -<p>At about half-past three in the morning, they crossed Wisconsin Creek, -at a point some seven miles below Dempsey’s, and found that it was -frozen, but that the ice was not strong enough to carry the weight of -man and horse, and they went through one after another, at different -points, some of the riders having to get down, in order to help their -horses, emerging half drowned on the other side, and continuing -their journey, cased in a suit of frozen clothes, which, as one of -them observed, “Stuck to them like death to a dead nigger.” Even the -irrepressible Tom Baume was obliged to take a sharp nip on his “quid,” -and to summon all his fortitude to his aid to face the cold of his -ice-bound “rig.”</p> - -<p>The leader called a halt about a mile further on, saying, “Every one -light from his horse, hold him by the bridle, and make no noise till -day break.” Thus they stood motionless for an hour and a half. At the -first peep of day the word was given, “Boys, mount your horses, and -not a word pass, until we are in sight of the wakiup.” They had not -travelled far when a dog barked. Instantly they put spurs to their -horses, and breaking to the right and left, formed the<span class="pagenum" id="Page_84">[Pg 84]</span> “surround,” -every man reining up with his shot-gun bearing on the wakiup. The -leader jumped from his horse, and seeing eight or ten men sleeping on -the ground in front of the structure, all wrapped up in blankets, sang -out, “The first man that raises will get a quart of buckshot in him, -before he can say Jack Robinson.” It was too dark to see who they were, -so he went on to the wakiup, leaving his horse in charge of one of the -party, half of whom had dismounted and the others held the horses. “Is -Long John here?” he asked. “Yes,” said that longitudinal individual. -“Come out here; I want you.” “Well,” said he, “I guess I know what -you want me for.” “Probably you do; but hurry up; we have got no time -to lose.” “Well,” said John, “Wait till I get my moccasins on, won’t -you?” “Be quick about it then,” observed his captor. Immediately after -he came out of the wakiup, and they waited about half an hour before -it was light enough to see distinctly. The captain took four of his -men and Long John, and walked to the place where the murder had been -committed, leaving the remainder of the troop in charge of the other -men. They went up to the spot, and there Long John was charged with -the murder. Palmer showed the position in which the body was found. -He said, “I did not do it, boys.” He was told that his blood would be -held answerable for that of Nicholas Tbalt; for that, if he had not -killed him, he knew well who had done it, and had refused to help to -put his body into a wagon. “Long John,” said one of the men, handling -his pistol as he spoke, “You had better prepare for another world.” -The leader stepped between and said, “This won’t do; if there is -anything to be done, let us all be together.” Long John was taken aside -by three of the men, and sat down. They looked up, and there, in the -faint light—about a quarter of a mile off—stood Black Bess, the mule -bought by X. Beidler in Washington Gulch. Pointing to the animal, they -said, “John, whose mule is that?” “That’s the mule that Nick rode down -here,” he answered. “You know whose mule that is, John. Things look -dark. You had better be thinking of something else now.” The mule was -sent for, and brought before him, and he was asked where the other two -mules were. He said he did not know. He was told<span class="pagenum" id="Page_85">[Pg 85]</span> that he had better -look out for another world, for that he was played out in this. He -said, “I did not commit that crime. If you give me a chance, I’ll clear -myself.” “John,” said the leader, “You never can do it; for you knew of -a man lying dead for nine days, close to your house, and never reported -his murder; and you deserve hanging for that. Why didn’t you come to -Virginia and tell the people?” He replied that he was afraid and dared -not do it. “Afraid of what?” asked the captain. “Afraid of the men -round here.” “Who are they?” “I dare not tell who they are. There’s one -of them round here.” “Where?” “There’s one of them here at the wakiup, -that killed Nick.” “Who is he?” “George Ives.” “Is he down at the -wakiup?” “Yes.” “You men stand here and keep watch over John, and I’ll -go down.” Saying this he walked to the camp.</p> - -<p>On arriving at the wakiup, he paused, and picking out the man answering -to the description of George Ives, he asked him, “Is your name George -Ives?” “Yes,” said that worthy. “I want you,” was the laconic reply. -“What do you want me for?” was the natural query. “To go to Virginia -City,” was the direct but unpleasing rejoinder. “All right,” said -George, “I expect I have to go.” He was at once given in charge of the -guard.</p> - -<p>So innocent were some of the troop, that they had adopted the “Perfect -gentleman” hypothesis, and laid down their arms in anger, at the arrest -of this murderous villain. A little experience prevented any similar -exhibition of such a weakness, in the future.</p> - -<p>Two of the party went over to Tex, who was engaged in the highly -necessary operation of changing his shirt. “I believe we shall want you -too,” said one of them; Tex denuded himself of his under garment, and -throwing it towards Tom Baume, exclaimed, “There’s my old shirt and -plenty of graybacks. You’d better arrest them too.” He was politely -informed that he himself, but neither the shirt nor its population, -was the object of this “unconstitutional restraint,” and was asked if -the pistols lying on the ground were his, which he admitted, and was -thereupon told that they were wanted, also, and that he must consider -himself “under arrest”—a technical, yet simple, formula adopted by<span class="pagenum" id="Page_86">[Pg 86]</span> -mountaineers, to assure the individual addressed that his brains will, -without further warning, be blown out, if he should attempt to make a -“break.” Tex dressed himself and awaited further developments.</p> - -<p>There appeared to be a belief on the part of both Tex and Ives that -they should get off; but when they saw the party with Long John, they -appeared cast down, and said no more.</p> - -<p>The other men who were lying round the wakiup, when the scouting -party rode up, were Aleck Carter, Bob Zachary, Whiskey Bill, Johnny -Cooper, and two innocent strangers, whose prolonged tenure of life -can only be accounted for by the knowledge of the circumstance that -they were without money at the time. Of the fact of the connection of -the others with the band, the boys were ignorant, and were drinking -coffee with them, laying down their guns within the reach of the -robbers, on their bed clothes. Had the Road Agents possessed the nerve -to make the experiment, they could have blown them to pieces. One of -the party, pointing to Aleck Carter, said to the leader, “There’s one -good man among them, any way. I knew him on the ‘other side,’” (west -of the Mountains.) The captain’s view of the state of things was not -altered by this flattering notice. He sang out, in a tone of voice -that signified “something’s up,” “Every man take his gun and keep it.” -In after expeditions, he had no need to repeat the command. Five men -were sent into the wakiup, and the rest stood round it. The result -of their search was the capture of seven dragoon and navy revolvers, -nine shot-guns and thirteen rifles. These were brought out, and in -laying them down, one of them went off close to Tom Baume’s head. Leroy -Southmayde’s pistol—taken from him at the time of the robbery of the -coach—was one of the weapons. It was recognized at the trial of Ives, -by the number upon it. About half an inch of the muzzle had been broken -off, and it had then been fixed up smoothly.</p> - -<p>All being now ready, the party started for Dempsey’s, and George, who -was mounted on his spotted bob-tailed pony, went along with them. He -had determined to escape and in order to carry out his design, he -expressed a wish to<span class="pagenum" id="Page_87">[Pg 87]</span> try the speed of his horse against the others, and -challenged several to race with him. This was foolishly permitted, and, -but for the accidental frustration of his design to procure a remount -of unsurpassed speed, a score of names might have been added to the -long list of his murdered victims.</p> - -<p>At Dempsey’s Ranch there was a bridge in course of construction, and -two of the men riding ahead, saw George Hilderman, standing on the -center, at work. He was asked if his name was George Hilderman, and -replied “Yes,” whereupon he was informed that he was wanted to go up -to Virginia City. He inquired whether they had any papers for him, -and being told that they had not any, he declared that he would not -leave the spot; but the leader coming up, told him to go “Without -any foolishness,” in a manner that satisfied him of the inutility of -resistence, and he prepared to accompany them; but not as a volunteer, -by any means. He said he had no horse. Tom Baume offered him a mule. -Then he had no saddle. The same kind friend found one, and he had -to ride with them. His final effort was couched in the form of a -declaration that the beast would not go. A stick was lying on the -ground, and he received an instruction, as the conventions word it, -either to “whip and ride,” or “walk and drive.” This practically -speaking, reconciled him to the breach of the provisions of Magna -Charta and the Bill of Rights involved in his arrest, and he jogged -along, if not comfortably, yet, at all events, in peace.</p> - -<p>In the meantime, the arch villain in custody of the main body was -playing his <span class="allsmcap">ROLE</span> with much skill and with complete success. He declared -his entire innocence of the awful crime with which he was charged, and -rather insinuated than expressed his wish that he might be taken to -Virginia, where his friends were, and that he might be tried by civil -authorities, (Plummer to empannel the jury,) and incidentally remarked -that he should not like to be tried at Nevada, for that he once killed -a dog there, which had scared his horse, and for that reason, they had -prejudices against him, which might work him serious injury in the -event of his trial at that place.</p> - -<p>There is no doubt that the seeming alacrity with which<span class="pagenum" id="Page_88">[Pg 88]</span> he apparently -yielded to the persuasions of his captors, threw them off their guard, -and he was permitted to ride unarmed, but otherwise unrestrained, along -with the escort.</p> - -<p>So large a troop of horsemen never yet rode together, mounted on fleet -cayuses, on the magnificent natural roads of Montana, without yielding -to the temptation presented to try the comparative merits of their -horses, and our company of partizan police were no exception to this -rule. Scrub races were the order of the day, until, in one of them, -Geo. Ives, who was the winner, attracted the attention of the whole -party, by continuing his race at the top of his horse’s speed; but -not until he was at least ten rods ahead of the foremost rider, did -the guard (?) realize the fact that the bird had flown from the open -cage. Twenty-four pairs of spurs were driven home, into the flanks of -twenty-four horses, and with a clatter of hoofs never since equalled on -that road, except when the deluded cavalry of Virginia rode down the -valley:</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“To see the savage fray;”</span><br /> -</p> - -<p class="p0">or at the reception given to the Hon. J. M. Ashley and party—they -swept on like a headlong rout.</p> - -<p>For awhile, the fugitive gained gradually, but surely, on his pursuers, -heading for Daley’s Ranch, where his own fleet and favorite mare was -standing bridled and saddled, ready for his use, (so quickly did -intelligence fly in those days.) Fortune, however, declared against -the robber. He was too hotly pursued to be able to avail himself of -the chance. His pursuers seeing a fresh horse from Virginia and a mule -standing there, leaped on their backs and continued the chase. Ives -turned his horses’ head towards the mountains round Bivens’ Gulch, and -across the plain, in that race for life, straining every nerve, flew -the representatives of crime and justice. Three miles more had been -passed, when the robber found that his horses’ strength was failing, -and every stride diminishing. The steeds of Wilson and Burtchey were in -no better condition; but the use of arms might now decide the race, and -springing from his horse, he dashed down a friendly ravine, whose rocky -and boulder strewn sides might offer some refuge from his relentless -foes. Quick as thought, the saddles of his pursuers were empty, and -the<span class="pagenum" id="Page_89">[Pg 89]</span> trial of speed was now to be continued on foot. On arriving at -the edge of the ravine, Ives was not visible; but it was evident -that he must be concealed within a short distance. Burtchey quickly -“surrounded” the spot, and sure enough, there was Ives crouching behind -a rock. Drawing a bead on him, Burtchey commanded him to come forth, -and with a light and careless laugh he obeyed. The wily Bohemian was -far too astute, however, to be thus overreached, and before Ives could -get near enough to master his gun, a stern order to “stand fast,” -destroyed his last hope, and he remained motionless until assistance -arrived, in the person of Wilson.</p> - -<p>Two hours had elapsed between the time of the escape and the recapture -and return of the prisoner. A proposition was made to the captain to -raise a pole and hang him there, but this was negatived. After gaily -chatting with the boys, and treating them, the word was given to -“Mount,” and in the centre of a hollow square, Ives began to realize -his desperate situation.</p> - -<p>Tidings of the capture flew fast and far. Through every nook and dell -of the inhabited parts of the Territory, wildly and widely spread the -news. Johnny Gibbons, who afterwards made such sly and rapid tracks for -Utah, haunted with visions of vigilance committees, joined the party -before they reached the canyon at Alder Creek, and accompanied them -to Nevada. At that time he was a part owner of the Cottonwood Ranch, -(Dempsey’s,) and kept the band well informed of all persons who passed -with large sums of money.</p> - -<p>The sun had sunk behind the hills when the detachment reached Nevada, -on the evening of the 18th of December, and a discussion arose upon -the question whether they should bring Ives to Virginia, or detain him -for the night at Nevada. The “conservatives” and “radicals” had a long -argument developing an “irrepressible conflict;” but the radicals, on -a vote, carried their point—rejecting Johnny Gibbon’s suffrage on the -ground of mixed blood. It was thereupon determined to keep Ives at -Nevada until morning, and then to determine the place of trial.</p> - -<p>The prisoners were separated and chained. A strong<span class="pagenum" id="Page_90">[Pg 90]</span> guard was posted -inside and outside of the house, and the night came and went without -developing anything remarkable. But all that weary night, a “solitary -horseman might have been seen” galloping along the road at topmost -speed, with frequent relays of horses, on his way to Bannack City. This -was Lieut. George Lane alias Club-Foot, who was sent with news of the -high-handed outrage that was being perpetrated in defiance of law, and -with no regard whatever to the constituted authorities. He was also -instructed to suggest that Plummer should come forthwith to Nevada; -demand the culprit for the civil authorities, enforce that demand by -what is as fitly called <span class="allsmcap">HOCUS POCUS</span> as <span class="allsmcap">HABEAS CORPUS</span>, -and see that he had a fair (?) trial.</p> - -<p>As soon as it was determined that Ives should remain at Nevada, Gibbons -dashed up the street to Virginia, meeting a lawyer or two on the way—</p> - -<p class="poetry">“Where the carrion is, there will the vultures,” etc.</p> - -<p>At the California Exchange, Gibbons found <abbr title="misters">Messrs.</abbr> Smith and Ritchie, -and a consultation between client, attorney and <span class="allsmcap">PROCH EIN AMI</span>, -resulted in Lane’s mission to Bannack, as one piece of strategy that -faintly promised the hoped for rewards. All of Ives’ friends were -notified to be at Nevada early the next morning.</p> - -<p>The forenoon of the 19th saw the still swelling tide of miners, -merchants and artizans wending their way to Nevada, and all the morning -was spent in private examinations of the prisoners, and private -consultations as to the best method of trial. Friends of the accused -were found in all classes of society; many of them were assiduously at -work to create a sentiment in his favor, while a large multitude were -there, suspicious that the right man had been caught; and resolved, if -such should prove to be the case, that no loop-hole of escape should be -found for him, in any technical form of the law.</p> - -<p>Although on the eve of “Forefathers’ Day,” there was in the atmosphere -the mildness and the serenity of October. There was no snow, and but -little ice along the edges of sluggish streams; but the Sun, bright -and genial, warmed the clear air, and even thawed out the congealed -mud in the middle of the streets. Little boys were at play in the<span class="pagenum" id="Page_91">[Pg 91]</span> -streets, and fifteen hundred men stood in them, impatient for action, -but waiting without a murmur, in order that everything might be done -decently and in order.</p> - -<p><abbr title="misters">Messrs.</abbr> Smith, Richie, Thurmond and Colonel Wood were Ives’ lawyers, -with whom was associated <abbr title="mister">Mr.</abbr> Alex. Davis, then a comparative stranger -in Montana.</p> - -<p>Col. W. F. Sanders, at that time residing at Bannack City, but -temporarily sojourning at Virginia, was sent for to conduct the -prosecution, and Hon. Charles S. Bagg was appointed his colleague, at -the request of Judge Wilson, <abbr title="mister">Mr.</abbr> Bagg being a miner, and, then, little -known.</p> - -<p>In settling upon the mode of trial, much difference of opinion was -developed; but the miners finally determined that it should be held in -presence of the whole body of citizens, and reserved to themselves the -ultimate decision of all questions; but lest something should escape -their attention, and injustice thereby be done to the public, or to -the prisoner, a delegation composed of twelve men from each district -(Nevada and Junction) was appointed to hear the proof, and to act as -an advisory jury. W. H. Patton, of Nevada, and W. Y. Pemberton, of -Virginia, were appointed amanuenses. An attempt to get on the jury -twelve men from Virginia was defeated, and late in the afternoon, the -trial began and continued till nightfall. The three prisoners, George -Ives, George Hilderman and Long John (John Franck) were chained with -the lightest logging chain that could be found—this was wound round -their legs, and the links were secured with padlocks.</p> - -<p>In introducing testimony for the people, on the morning of the 21st, -the miners informed all concerned that the trial must close at three -<span class="allsmcap">P. M.</span> The announcement was received with great satisfaction.</p> - -<p>It is unnecessary to describe the trial, or to recapitulate the -evidence. Suffice it to say that two alibis, based on the testimony -of George Brown and honest Whiskey Joe, failed altogether. Among the -lawyers, there was, doubtless, the usual amount of brow-beating and -technical insolence, intermingled with displays of eloquence and -learning; but not the rhetoric of Blair, the learning of Coke, the -metaphysics of Alexander, the wit of Jerrold, or the odor of Oberlin,<span class="pagenum" id="Page_92">[Pg 92]</span> -could dull the perceptions of those hardy Mountaineers, or mislead -them from the stern and righteous purpose of all this labor, which was -to secure immunity to the persons and property of the community, and -to guarantee a like protection to those who should cast their lot in -Montana in time to come.</p> - -<p>The evidence was not confined to the charge of murder; but showed, -also, that Ives had been acting in the character of a robber, as well -as that of a murderer; and it may well be doubted whether he would have -been convicted at all, if developments damaging to the reputations -and dangerous to the existence of some of his friends had not been -made during the trial, on which they absented themselves mysteriously, -and have never been seen since. There was an instinctive and unerring -conviction that the worst man in the community was on trial; but it was -hard work, after all the proof and all this feeling, to convict him.</p> - -<p>Prepossessing in his appearance; brave, beyond a doubt; affable in -his manners; jolly and free among his comrades, and with thousands of -dollars at his command; bad and good men alike working upon the feeling -of the community, when they could not disturb its judgment—it seemed, -at times, that all the labor was to end in disastrous failure.</p> - -<p>The crowd which gathered around that fire in front of the Court, is -vividly before our eyes. We see the wagon containing the Judge, and -an advocate pleading with all his earnestness and eloquence for the -dauntless robber, on whose unmoved features no shade of despondency can -be traced by the fitful glare of the blazing wood, which lights up, -at the same time, the stern and impassive features of the guard, who, -in every kind of habiliments, stand in various attitudes, in a circle -surrounding the scene of Justice. The attentive faces and compressed -lips of the Jurors show their sense of the vast responsibility that -rests upon them, and of their firm resolve to do their duty. Ever and -anon a brighter flash than ordinary reveals the expectant crowd of -miners, thoughtfully and steadily gazing on the scene, and listening -intently to the trial. Beyond this close phalanx, fretting and shifting -around its outer edge, sways with quick and uncertain motion, the -wavering line of desperadoes<span class="pagenum" id="Page_93">[Pg 93]</span> and sympathizers with the criminal; their -haggard, wild and alarmed countenances showing too plainly that they -tremble at the issue which is, when decided to drive them in exile from -Montana, or to proclaim them as associate criminals, whose fate could -neither be delayed nor dubious. A sight like this will ne’er be seen -again in Montana. It was the crisis of the fate of the Territory. Nor -was the position of prosecutor, guard, juror, or Judge, one that any -but a brave and law-abiding citizen would chose, or even except. Marked -for slaughter by desperadoes, these men staked their lives for the -welfare of society. A mortal strife between Colonel Sanders and one of -the opposing lawyers was only prevented by the prompt action of wise -men, who corraled the combatants on their way to fight. The hero of -that hour of trial was avowedly W. F. Sanders. Not a desperado present -but would have felt honored by becoming his murderer, and yet, fearless -as a lion, he stood there confronting and defying the malice of his -armed adversaries. The citizens of Montana, many of them his bitter -political opponents, recollect his actions with gratitude and kindly -feeling. Charles S. Bagg is also remembered as having been at his post -when the storm blew loudest.</p> - -<p>The argument of the case having terminated, the issue was, in the first -place, left to the decision of the twenty-four who had been selected -for that purpose, and they thereupon retired to consult.</p> - -<p>Judge Byam, who shouldered the responsibility of the whole proceeding, -will never be forgotten by those in whose behalf he courted certain, -deadly peril, and probable death.</p> - -<p>The Jury were absent, deliberating on their verdict, but little less -than half an hour, and on their return, twenty-three made a report that -Ives was proven guilty; but one member—Henry Spivey—declined to give -in any finding, for unknown reasons.</p> - -<p>The crisis of the affair had now arrived. A motion was made, “That -the report of the committee be received, and it discharged from -further consideration of that case,” which <abbr title="mister">Mr.</abbr> Thurmond opposed; but -upon explanation, deferred pressing his objections until the motion -should be made to adopt the report, and to accept the verdict of the -Committee<span class="pagenum" id="Page_94">[Pg 94]</span> as the judgment of the people there assembled; and thus the -first formal motion passed without opposition.</p> - -<p>Before this, some of the crowd were clamorous for an adjournment, and -now Ives’ friends renewed the attempt; but it met with signal failure.</p> - -<p>Another motion, “That the assembly adopt as their verdict the report -of the Committee,” was made, and called forth the irrepressible and -indefatigable Thurmond and Col. J. M. Wood; but it carried, there being -probably not more than one hundred votes against it.</p> - -<p>Here it was supposed by many that the proceedings would end for the -present, and that the Court would adjourn until the morrow, as it was -already dark. Col. Sanders, however, mounted the wagon, and, having -recited that Ives had been declared a murderer and a robber by the -people there assembled, moved, “That George Ives be forthwith hung by -the neck until he is dead”—a bold and business-like movement which -excited feeble opposition, was carried before the defendant seemed to -realize the situation; but a friend or two and some old acquaintances -having gained admission to the circle within which Ives was guarded, to -bid him farewell, awakened him to a sense of the condition in which he -was placed, and culprit and counsel sought to defer the execution. Some -of his ardent counsel shed tears, of which lachrymose effusions it is -well to say no more than that they were copious. The vision of a long -and scaly creature, inhabiting the Nile, rises before us in connection -with this aqueous sympathy for an assassin. Quite a number of his old -chums were, as Petroleum V. Nasby says: “Weeping profoosly.” Then came -moving efforts to have the matter postponed until the coming morning, -Ives giving assurances, upon his honor, that no attempt at rescue or -escape would be made; but already, Davis and Hereford were seeking a -favorable spot for the execution.</p> - -<p>Our Legislative Assembly seem to have forgotten that <abbr title="mister">Mr.</abbr> A. B. Davis -had any of these arduous labors to perform but none who were present -will ever forget the fearless activity which he displayed all through -those trials. A differently constituted body may yet sit in Montana, -and vote him his five hundred dollars.</p> - -<p><span class="pagenum" id="Page_95">[Pg 95]</span></p> - -<p>The appeals made by Ives and Thurmond for a delay of the execution, -were such as human weakness cannot well resist. It is most painful -to be compelled to deny even a day’s brief space, during which the -criminal may write to mother and sister, and receive for himself -such religious consolation as the most hardened desire, under such -circumstances; but that body of men had come there deeply moved by -repeated murders and robberies, and meant “business.” The history of -former trials was there more freshly and more deeply impressed upon the -minds of men than it is now, and the result of indecision was before -their eyes. The most touching appeal from Ives, as he held the hand -of Col. Sanders, lost its force when met by the witheringly sarcastic -request of one of the crowd, “Ask him how long a time he gave the -Dutchman.” Letters were dictated by him and written by Thurmond. His -will was made, in which the lawyers and his chums in iniquity were -about equally remembered, to the entire exclusion of his mother and -sisters, in Wisconsin. Whether or not it was a time <span class="smcap">for</span> tears, it was -assuredly a time <span class="smcap">of</span> tears; but neither weakness nor remorse moistened -the eyes of Ives. He seemed neither haughty nor yet subdued; in fact, -he was exactly imperturbable. From a place not more than ten yards from -where he sat during the trial, he was led to execution.</p> - -<p>The prisoner had repeatedly declared that he would never “Die in his -boots,” and he asked the sergeant of the guard for a pair of moccasins, -which were given to him; but after a while, he seemed to be chilled, -and requested that his boots might again be put on. Thus, George Ives -“Died in his boots.”</p> - -<p>During the whole trial, the doubting, trembling, desperate friends of -Ives exhausted human ingenuity to devise methods for his escape, trying -intimidation, weak appeals to sympathy, and ever and anon exhibiting -their abiding faith in “Nice, sharp quillets of the law.” All the time, -the roughs awaited with a suspense of hourly increasing painfulness, -the arrival of their boasted chief, who had so long and so successfully -sustained the three inimical characters of friend of their clan, friend -of the people, and guardian of the laws.</p> - -<p><span class="pagenum" id="Page_96">[Pg 96]</span></p> - -<p>Not more anxiously did the Great Captain at Waterloo, sigh for “Night -or Blucher,” than did they for Plummer. But, relying upon him, they -deferred all other expedients; and when the dreaded end came, as come -it must, they felt that the tide in the affairs of villains had not -been taken at its flood, and, not without a struggle, they yielded to -the inevitable logic of events, and because they could not help it they -gave their loved companion to the gallows.</p> - -<p>Up to the very hour at which he was hanged, they were confident of -Plummer’s arrival in time to save him. But events were transpiring -throughout the Territory which produced intense excitement, and rumor -on her thousand wings was ubiquitous in her journeying on absurd -errands.</p> - -<p>Before Lane reached Bannack news of Ives’ arrest had reached there, -with the further story that the men of Alder Gulch were wild with -excitement, and ungovernable from passion; that a Vigilance Committee -had been formed; a number of the best citizens hanged, and that from -three hundred to five hundred men were on their way to Bannack City -to hang Plummer, Ray, Stinson, George Chrisman, A. J. McDonald and -others. This last “bulletin from the front” was probably the offspring -of Plummer’s brain. It is also likely that Lane and perhaps, Ray and -Stinson, helped in the hatching of the story. Suffice it to say that -Plummer told it often, shedding crocodile tears that such horrible -designs existed in the minds of any, as the death of his, as yet, -unrobbed friends, Chrisman, McDonald and Pitt.</p> - -<p>His was a most unctious sorrow, intended at that crisis, to be seen -of men in Bannack, and quite a number of the good citizens clubbed -together to defend each other from the contemplated assault, the -precise hour for which Plummers’ detectives had learned, and all night -long many kept watch and ward to give the attacking party a warm -reception.</p> - -<p>There is no doubt that Plummer believed that such a body of men were -on their way to Bannack City, after him, Ray, Stinson and company. The -coupling of the other names with theirs was his own work, and was an -excellent tribute paid in a backhanded way, to their integrity and high -standing in the community.</p> - -<p><span class="pagenum" id="Page_97">[Pg 97]</span></p> - -<p class="poetry"> -<span style="margin-left: 1em;">“Conscience doth make cowards of us all.”</span><br /> -</p> - -<p class="p0">and Lane found Plummer anxious to look after his own safety, rather -than that of George Ives.</p> - -<p>The rumors carried day by day from the trial, to the band in different -parts of the Territory, were surprising in their exactness, and in the -celerity with which they were carried; but they were changed in each -community, by those most interested; into forms best suited to subserve -the purposes of the robbers; and, in this way, did they beguile into -sympathy with them and their misfortunes, many fair, honest men.</p> - -<p>Ives’ trial for murder, though not the first in the Territory, differed -from any that had preceded it.</p> - -<p>Before this memorable day, citizens, in the presence of a well -disciplined and numerous band of desperadoes, had spoken of their -atrocities with bated breath; and witnesses upon their trial had -testified in whispering humbleness. Prosecuting lawyers, too, had, in -their arguments, often startled the public with such novel propositions -as, “Now, gentlemen, you have heard the witnesses, and it is for you -to say whether the defendant is or is not guilty; if he is guilty, -you should say so; but if not, you ought to acquit him. I leave this -with you, to whom it rightfully belongs.” But the counsel for the -defense were, at least, guiltless of uttering these last platitudes; -for a vigorous defense hurt no one and won hosts of friends—of a -<span class="allsmcap">CERTAIN KIND</span>. But on Ives’ trial, there was given forth no -uncertain sound. Robbery and honesty locked horns for the mastery, -each struggling for empire; and each stood by his banner until the -contest ended—fully convinced of the importance of victory. Judge Byam -remained by the prisoner from the time judgment was given, and gave all -the necessary directions for carrying it into effect. Robert Hereford -was the executive officer.</p> - -<p>An unfinished house, having only the side-walls up, was chosen as -the best place, near at hand, for carrying into effect the sentence -of death. The preparations, though entirely sufficient, were both -simple and brief. The butt of a forty-foot pole was planted inside -the house, at the foot of one of the walls, and the stick leaned over -a cross beam. Near the point, was tied the fatal cord, with the open -noose<span class="pagenum" id="Page_98">[Pg 98]</span> dangling fearfully at its lower end. A large goods box was the -platform. The night had closed in, with a bright, full moon, and around -that altar of Vengeance, the stern and resolute faces of the guard -were visible, under all circumstances of light and shade conceivable. -Unmistakable determination was expressed in every line of their bronzed -and weather-beaten countenances.</p> - -<p>George Ives was led to the scaffold in fifty-eight minutes from the -time that his doom was fixed. A perfect Bable of voices saluted the -movement. Every roof was covered, and cries of “Hang him!” “Don’t -hang him!” “Banish him!” “I’ll shoot!” “—— their murdering souls!” -“Let’s hang Long John!” were heard all around. The revolvers could -be seen flashing in the moonlight. The guard stood like a rock. -They had heard the muttered threats of a rescue from the crowd, and -with grim firmness—the characteristic of the miners when they mean -“business”—they stood ready to beat them back. Woe to the mob that -should surge against that living bulwark. They would have fallen as -grass before the scythe.</p> - -<p>As the prisoner stepped on to the fatal platform, the noise ceased, -and the stillness became painful. The rope was adjusted, and the usual -request was made as to whether he had anything to say. With a firm -voice he replied, “I am innocent of <span class="allsmcap">THIS</span> crime; Aleck Carter -killed the Dutchman.”</p> - -<p>The strong emphasis on the word “this” convinced all around, that he -meant his words to convey the impression that he was guilty of other -crimes. Up to this moment he had always accused Long John of the murder.</p> - -<p>Ives expressed a wish to see Long John, and the crowd of sympathizers -yelled in approbation; but the request was denied, for an attempt at a -rescue was expected.</p> - -<p>All being ready, the word was given to the guard, “Men do your duty.” -The click of the locks rang sharply, and the pieces flashed in the -moonlight, as they came to the “Aim;” the box flew from under the -murderer’s feet, with a crash, and George Ives swung in the night -breeze, facing the pale moon that lighted up the scene of retributive -justice.</p> - -<p>As the vengeful click! click! of the locks sounded their note of -deadly warning to the intended rescuers, the crowd<span class="pagenum" id="Page_99">[Pg 99]</span> stampeded in wild -affright, rolling over one another in heaps, shrieking and howling with -terror.</p> - -<p>When the drop fell, the Judge, who was standing close beside Ives, -called out, “His neck is broken; he is dead.” This announcement, -and the certainty of its truth—for the prisoner never moved a -limb—convinced the few resolute desperadoes who knew not fear, that -the case was hopeless, and they retired with grinding teeth, and with -muttered curses issuing from their lips.</p> - -<p>It is astonishing what a wonderful effect is produced upon an angry mob -by the magic sound referred to. Hostile demonstrations are succeeded -by a mad panic; rescuers turn their undivided attention to their own -corporal salvation; eyes that gleamed with anger, roll wildly with -terror; the desire for slaughter gives way to the fear of death, -and courage hands the craven fear his scepter of command. When a -double-barrelled shot-gun is pointed at a traveller by a desperado, the -feeling is equally intense; but its development is different. The organ -of “acquisitiveness” is dormant; “combativeness” and “destructiveness” -are inert; “caution” calls “benevolence” to do its duty; a very large -lump rises into the way-farer’s throat; cold chills follow the downward -course of the spine, and the value of money, as compared with that of -bodily safety, instantly reaches the minimum point. Verily, “All that a -man hath will he give for his life.” We have often smiled at the fiery -indignation of the great untried, when listening to their account of -what they would have done, if a couple of Road Agents ordered them to -throw up their hands; but they failed to do anything towards convincing -us that they would not have sent valor to the rear at the first onset, -and appeared as the very living and breathing impersonations of -discretion. We felt certain that were they “loaded to the guards” with -the gold dust, they would come out of the scrape as poor as Lazarus, -and as mild and insinuating in demeanor as a Boston mamma with six -marriageable daughters.</p> - -<p>At last the deed was done. The law abiding among the citizens breathed -more freely and all felt that the worst man in the community was -dead—that the neck of crime was broken, and that the reign of terror -was ended.</p> - -<p><span class="pagenum" id="Page_100">[Pg 100]</span></p> - -<p>The body of Ives was left hanging for an hour. At the expiration of -this period of time, it was cut down, carried into a wheel-barrow shop, -and laid out on a work bench. A guard was then placed over it till -morning, when the friends of the murderer had him decently interred. -He lies in his narrow bed, near his victim—the murdered Tbalt—to -await his final doom, when they shall stand face to face at the grand -tribunal, where every man shall be rewarded according to his deeds.</p> - -<p>George Ives, though so renowned a desperado, was by no means an ancient -practitioner in his profession. In 1857-58, he worked as a miner, -honestly and hard, in California, and though wild and reckless, was not -accused of dishonesty. His first great venture in the line of robbery -was the stealing of Government mules, near Walla Walla. He was employed -as herder, and used to report that certain of his charge were dead, -every time that a storm occurred. The officer of the Post believed -the story, and inquired no further. In this way George ran off quite -a decent herd, with the aid of his friends. In Elk City, he startled -his old employer, in the mines of California by riding his horse into -his saloon, and when that gentlemen seized the bridle, he drew his -revolver, and would certainly have killed him, but fortunately he -caught sight of the face of his intended victim in time, and returning -his pistol he apologized for his conduct. When leaving the city, he -wished to present his splendid gray mare to his friend, who had for old -acquaintance sake supplied his wants; but the present, though often -pressed upon this gentleman, was as often refused; for no protestations -of Ives’ could convince him that the beautiful animal was fairly his -property. He said that he earned it honestly by mining. His own account -of the stealing of the Government mules, which we have given above, was -enough to settle that question definitively. It was from the “other -side” that Ives came over to Montana—then a part of Idaho—and entered -with full purpose upon the career which ended at Nevada, so fatally and -shamefully for himself, and so happily for the people of this Territory.</p> - -<p>A short biographical sketch of Ives and of the rest of the gang will -appear at the end of the present work.</p> - -<p><span class="pagenum" id="Page_101">[Pg 101]</span></p> - -<p>The trial of Hilderman was a short matter. He was defended by Judge -(?) H. P. A. Smith. He had not been known as a very bad man; but was a -weak and somewhat imbecile old fellow, reasonably honest in a strictly -honest community, but easily led to hide the small treasure, keep the -small secrets and do the dirty work of strong-minded, self-willed, -desperate men, whether willingly or through fear the trial did not -absolutely determine. The testimony of <abbr title="doctor">Dr.</abbr> Glick, showed him to be -rather cowardly and a great eater. He had known of the murder of Tbalt -for some weeks, and had never divulged it. He was also cognizant of -the murder near Cold Spring Ranch, and was sheltering and hiding the -perpetrators. He had concealed the stolen mules too; but, in view of -the disclosures made by many, after Ives was hung, and the power of -the gang being broken, such disclosures did not so much damage men in -the estimation of the honest mountaineer. Medical men were taken to -wounded robbers to dress their wounds; they were told in what affray -they were received, and the penalty of repeating the story to outsiders -was sometimes told; but to others it was described by a silence more -expressive than words. Other parties, too, came into possession of -the knowledge of the tragedies enacted by them, from their own lips, -and under circumstances rendering silence a seeming necessity. To be -necessarily the repository of their dreadful secrets was no enviable -position. Their espionage upon every word uttered by the unfortunate -accessory was offensive, and it was not a consolatory thought that, at -any moment, his life might pay the penalty of any revelation he should -make; and a person placed in such a “fix” was to some extent a hostage -for the reticence of all who knew the same secret.</p> - -<p>If stronger minded men than Hilderman could pretend to be, had kept -secrets at the bidding of the Road Agents, and that too in the populous -places, where there were surely some to defend them—it was argued that -a weak minded man, away from all neighbors, where by day and by night -he could have been killed and hidden from all human eyes, with perfect -impunity—had some apology for obeying their behests.</p> - -<p><abbr title="mister">Mr.</abbr> Smith’s defense of Hilderman was rather creditable<span class="pagenum" id="Page_102">[Pg 102]</span> to him. There -was none of the braggadocio common to such occasions, and the people -feeling that they had caught and executed a chief of the gang—felt -kindly disposed towards the old man.</p> - -<p>Hilderman was banished from Montana, and was allowed ten days time for -the purpose of settling his affairs and leaving. When he arrived at -Bannack City, Plummer told him not to go; but the old man took counsel -of his fears, and comparing the agile and effeminate form of Plummer -with those of the earnest mountaineers at Nevada, he concluded that he -would rather bet on them than on Plummer, and being furnished by the -latter with a poney and provisions, he left Montana forever.</p> - -<p>When found guilty and recommended to mercy, he dropped on his knees, -exclaiming, “My God, is it so?”</p> - -<p>At the close of his trial, he made a statement, wherein he confirmed -nearly all Long John had said of Ives.</p> - -<p>Thus passed one of the crises which have arisen in this new community. -The result demonstrated that when the good and law abiding were banded -together and all put forth their united strength, they were too strong -for the lawlessness which was manifested when Ives was hung.</p> - -<p>It has generally been supposed and believed, that Plummer was not -present at the trial of Ives, or at his execution. We are bound, -however, to state that <abbr title="mister">Mr.</abbr> Clinton, who kept a saloon in Nevada at the -time, positively asserts that he was in the room when Plummer took a -drink there, a few minutes before the roughs made their rush at the -fall of Ives, and that he went out and headed the mob in the effort -which the determination of the guard rendered unsuccessful.</p> - -<p>Long John having turned States’ evidence was set free, and we believe -that he still remains in the Territory.</p> - -<p>One thing was conclusively shown to all who witnessed the trial of -Ives. If every Road Agent cost as much labor, time and money for his -conviction, the efforts of the citizens would have, practically, failed -altogether. Some shorter, surer, and at least equally equitable method -of procedure was to be found. The necessity for this, and the trial -of its efficiency when it was adopted, form the ground-work of this -history.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_103">[Pg 103]</span></p> - -<h2 class="nobreak" id="CHAPTER_XV">CHAPTER XV.<br /><span class="small">THE FORMATION OF THE VIGILANCE COMMITTEE.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">The land wants such</span><br /> -<span style="margin-left: 1em;">As dare with vigor execute the laws,</span><br /> -<span style="margin-left: 1em;">Her festered members must be lanced and tented;</span><br /> -<span style="margin-left: 1em;">He’s a bad surgeon that for pity spares</span><br /> -<span style="margin-left: 1em;">The part corrupted till the gangrene spread,</span><br /> -<span style="margin-left: 1em;">And all the body perish; he that is merciful</span><br /> -<span style="margin-left: 1em;">Unto the bad is cruel to the good.</span><br /> -</p> - - -<p>Those who have merely read the account given in these pages of the -execution of Ives, can never fully appreciate the intense popular -excitement that prevailed throughout the Territory during the stormy -and critical period, or the imminent peril to which the principal -actors in the drama were exposed. As an instance of the desire for -murder and revenge that animated the roughs, it may be stated that -Col. Sanders was quietly reading in John Creighton’s store, on -the night of the execution of Ives, when a desperado named Harvey -Meade—the individual who planned the seizure of a Federal vessel at -San Francisco—walked into the room, with his revolver stuck into the -band of his pants, in front, and walking up to the Colonel, commenced -abusing him and called him a ——, etc. Col. Sanders not having -been constituted with a view to the exhibition of fear, continued -his reading, quietly slipping his hand out of his pocket in which -lay a Derringer, and dropping it into his coat pocket, cocked his -revolver as a preparative for a little shooting. Raising his eyes to -the intruder, he observed, “Harvey, I should feel hurt if some men -said this; but from such a dog as you, it is not worth noticing.” A -Doctor who was present laid his hand on a pick handle, and an “affair” -seemed imminent; but John Creighton quietly walked up to the man and -said, “You have to get out of here—quick!” All men fond of shooting, -otherwise than in self-defense, unless<span class="pagenum" id="Page_104">[Pg 104]</span> they take their victim at an -advantage, never care to push matters to extremities, and Meade quietly -walked off—foiled. He admitted, afterwards, to Sanders, that he had -intended to kill him; but he professed a recent and not unaccountable -change of sentiment.</p> - -<p>All the prominent friends of justice were dogged, threatened and -watched by the roughs; but their day was passing away, and the dawn -of a better state of things was even then enlivening the gloom which -overspread society like a funeral pall.</p> - -<p>Two sister towns—Virginia and Nevada—claim the honor of taking -the first steps towards the formation of a Vigilance Committee. The -truth is, that five men in Virginia and one in Nevada commenced -simultaneously to take the initiative in the matter. Two days had not -elapsed before their efforts were united, and when once a beginning -had been made, the ramifications of the league of safety and order -extended, in a week or two, all over the Territory, and, on the 14th -day of January, 1864, the <span class="allsmcap">COUP DE GRACE</span> was given to the power -of the band by the execution of five of the chief villains, in Virginia -City. The details of the rapid and masterly operations which occupied -the few weeks immediately succeeding the execution of Ives, will appear -in the following chapters.</p> - -<p>The reasons why the organizations was so generally approved and so -numerously and powerfully supported, were such as appealed to the -sympathies of all men, who had anything to lose, or who thought their -lives safer under the dominion of a body which, upon the whole, it must -be admitted, has from the first acted with a wisdom, a justice and a -vigor never surpassed on this continent, and rarely, if ever, equalled. -Merchants, miners, mechanics and professional men, alike, joined in -the movement, until, within an incredibly short space of time, the -Road Agents and their friends were in a state of constant and well -grounded fear, lest any remarks they might make confidentially to an -acquaintance might be addressed to one who was a member of the much -dreaded Committee.</p> - -<p>The inhabitants of Virginia had especial cause to seek for vengeance -upon the head of the blood-thirsty marauders who<span class="pagenum" id="Page_105">[Pg 105]</span> had, in addition to -the atrocities previously recounted, planned and arranged the murder -and robbery of as popular a man as ever struck the Territory—one whose -praise was in all men’s mouths, and who had left them, in the previous -Fall, with the intention of returning to solicit their suffrages, as -well as those of the people of Lewiston and Western Idaho, as their -Delegate to Congress. His address, in the form of a circular, is still -to be seen in the possession of a citizen of Nevada.</p> - -<p>Lloyd Magruder, to whom the above remarks have special reference, was -a merchant of Lewiston, Idaho. He combined in his character so many -good and even noble qualities, that he was one of the most generally -esteemed and beloved men in the Territory, and no single act of -villainy ever committed in the far West was more deeply felt, or -provoked a stronger desire for retaliation upon the heads of the guilty -perpetrators, than the murder and robbery of himself and party, on -their journey homeward.</p> - -<p>In the summer of 1863, this unfortunate gentleman came to Virginia, -with a large pack-train, laden with merchandise, selected with great -judgment for the use of miners, and on his arrival, he opened a store -on Wallace street, still pointed out as his place of business by “old -inhabitants.”</p> - -<p>Having disposed of his goods, from the sale of which he had realized -about $14,000, he made arrangements for his return to Lewiston, by way -of Elk City. This becoming known, Plummer and his band held a council -in Alder Gulch, and determined on the robbery and murder of Magruder, -C. Allen, Horace and Robert Chalmers, and a <abbr title="mister">Mr.</abbr> Phillips, from the -neighborhood of Marysville. During the debate, it was proposed that -Steve Marshland should go on the expedition, along with Jem Romaine, -Doc Howard, Billy Page and a man called indifferently Bob or Bill -Lowry. The programme included the murder of the five victims, and -Marshland said he did not wish to go, as he could make money without -murder. He was, he said, “On the rob, but not on the kill.” Cyrus -Skinner, laughed at his notion, and observed that “Dead men tell no -tales.” It was accordingly decided that the four miscreants above named -should join the party and kill them all at some convenient place on -the<span class="pagenum" id="Page_106">[Pg 106]</span> road. Accordingly they offered their services to Magruder, who -gave them a free passage and a fat mule each to ride, telling them that -they could turn their lean horses along with the band.</p> - -<p>Charley Allen, it seems had strong misgivings about the character -of the ruffians, and told Magruder that the men would not harm him, -(Allen,) as they were under obligations to him; but they would, likely -enough try to rob Magruder. His caution was ineffectual, and <abbr title="mister">Mr.</abbr> -McK Dennee, we believe, fixed up for the trip the gold belonging to -Magruder.</p> - -<p>It is a melancholy fact that information of the intention of the -murderers had reached the ears of more than one citizen; but such was -the terror of the Road Agents that they dared not tell any of the party.</p> - -<p>Having reached the mountain beyond Clearwater River, on their homeward -journey, the stock was let out to graze on the slope, and Magruder, in -company with Bill Lowry, went up to watch it. Seizing his opportunity, -the ruffian murdered Magruder, and his confederates assassinated the -four remaining in camp, while asleep. Romaine said to Phillips, when -shooting him down, “You ——, I told you not to come.” The villains -having possessed themselves of the treasure, rolled up the bodies, -baggage and arms, and threw them over a precipice. They then went on to -Lewiston, avoiding Elk City on their route, where the first intimation -of foul play was given by the sight of Magruder’s mule, saddle, -leggings, etc., in the possession of the robbers. Hill Beechey, the -Deputy Marshal at Lewiston, and owner of the Luna House, noticed the -cantinas filled with gold, and suspected something wrong, when they -left by the coach for San Francisco. A man named Goodrich recognized -Page, when he came to ranch the animals with him.</p> - -<p>The murderers were closely muffled and tried to avoid notice. Beechey -followed them right through to California, and there arrested them on -the charge of murdering and robbing Magruder and his party. He found -that they had changed their names at many places. Every possible -obstacle was interposed that the forms of law allowed; but the gallant -man fought through it all, and brought them back,<span class="pagenum" id="Page_107">[Pg 107]</span> on requisition of -the Governor of Idaho, to Lewiston. Page turned State’s evidence, and -the men, who were closely guarded by Beechy all the time, in his own -house, were convicted after a fair trial, and hanged. Romaine, who had -been a barber, and afterwards a bar-keeper, was a desperate villain. -At the gallows, he said that there was a note in his pocket, which he -did not wish to be read until he was dead. On opening it, it was found -to contain a most beastly and insolent defiance of the citizens of -Lewiston. Before he was swung off, he bade them “Launch their —— old -boat,” for it was “only a mud-scow, any way.”</p> - -<p>A reconnoisance of the ground, in Spring, discovered a few bones, some -buttons from Magruder’s coat, some fire-arms, etc. The coyotes had been -too busy to leave much.</p> - -<p>Page, at the last advices, was still living at the Luna House. Even -a short walk from home produces, it is said, a feeling of tightness -about the throat, only to be relieved by going back in a hurry. He was -not one of the original plotters, but not being troubled with too much -sense, he was frightened into being a tool.</p> - -<p>The perpetration of this horrible outrage excited immense indignation, -and helped effectually to pave the way for the advent of the -Vigilantes. Reviewing the long and bloody lists of crimes against -person and property, which last included several wholesale attempts at -plunder of the stores in Virginia and Bannack, it was felt that the -question was narrowed down to “Kill or be killed.” “Self preservation -is the first law of nature,” and the mountaineers took the right side. -We have to thank them for the peace and order which exist to-day in -what are, by the concurrent testimony of all travellers, the best -regulated new mining camps in the West.</p> - -<p>The record of every villain who comes to Montana arrives with him, -or before him; but no notice is taken of his previous conduct. If, -however, he tries his hand at his trade in this region, he is sure of -the reward of his crimes, and that on short notice; at least such is -the popular belief.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_108">[Pg 108]</span></p> - -<h2 class="nobreak" id="CHAPTER_XVI">CHAPTER XVI.<br /><span class="small">THE DEER LODGE SCOUT.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">The sleuth hound is upon the trail.</span><br /> -<span style="margin-left: 1em;">Nor speed nor force shall aught avail.</span><br /> -</p> - - -<p>Almost instantly after the commencement of the organization of the -Vigilance Committee, it was determined that the pursuit of the -miscreants—the comrades of Ives—should be commenced and maintained -with a relentless earnestness, which should know no abatement until the -last blood-stained marauder had paid the penalty of his crimes by death -on the gallows; or had escaped the retribution in store for him by -successful flight to other countries. Foremost on the list stood Aleck -Carter, the accomplice, at any rate, in the murder of Tbalt.</p> - -<p>Twenty-four men were mustered, whose equipments consisted of arms, -ammunition, and the most modest provision for the wants of the inner -man that could possibly be conceived sufficient. The volunteers formed -a motley group; but there were men enough among them of unquestioned -courage, whom no difficulty could deter and no danger affright. They -carried, generally, a pair of revolvers, a rifle or shot-gun, blankets -and some <span class="allsmcap">ROPE</span>. Spirits were forbidden to be used.</p> - -<p>The leader of the party was one of those cool, undaunted and hardy men, -whose career has been marked by honesty of purpose and fearlessness -concerning the consequences of any just or lawful action, and to -whom society owes a large debt for perils and hardships voluntarily -undergone for the salvation of the lives and property of the people of -this Territory, and for the punishment of wrong doers.</p> - -<p>On the 23d of December, 1863, the party, on horse and mule-back, -went by way of the Stinkingwater, on to the Big Hole, and over the -Divide in the main range. The weather was very cold, and there was a -large quantity of snow upon<span class="pagenum" id="Page_109">[Pg 109]</span> the ground. Fires could not be lighted -when wanted at night, for fear of attracting attention. The men -leaving their horses under a guard, lay down in their blankets on the -snow—the wisest of them <span class="allsmcap">IN</span> it. As the riders had been taken -up from work, without time for the needful preparation in the clothing -department, they were but ill prepared to face the stormy and chilling -blast, which swept over the hills and valleys crossed by them on this -arduous journey. Few know the hardships they encountered. The smiles of -an approving conscience are about all, in the shape of a reward, that -is likely to be received by any of them for their brilliant services.</p> - -<p>On Deer Lodge Creek, the foremost horsemen met Red, (Erastus Yager;) -but, being unacquainted with him, all the troop allowed him to pass the -different sections of the command as they successively encountered him -on the road. Red, who was now acting as letter carrier of the band, -was a light and wiry built man, about five feet five inches high, with -red hair and red whiskers. On inquiry, he told the officers that he -had ascertained that Aleck Carter, Whiskey Bill (Graves,) Bill Bunton, -and others of the gang were lying at Cottonwood, drunk; that they had -attended a ball given there, and that they had been kicked out of it. A -defiance accompanied this account, couched in the following euphonious -and elegant strain: “The Stinkingwater —— may come; we’re good for -thirty of them.” This most ingenious fable was concocted to put the -scouts off their guard and to gain time for the fugitives. The same -night the last of the party had crossed the Divide, and camped on Deer -Lodge Creek—seventeen miles above Cottonwood, at John Smith’s Ranch.</p> - -<p>At this place the men lay over till three o’clock in the afternoon, -and then saddling up, rode into Cottonwood to take their prey by -surprise. Arriving there, they put up their horses, took their supper, -and discovered, both by actual search and the information of chosen -parties, that the birds had flown, no one knew whither; though a camp -fire far away among the hills was distinctly visible, and evoked -from some of the old mountaineers a hearty malediction, for<span class="pagenum" id="Page_110">[Pg 110]</span> their -experienced eyes had quickly marked the blaze, and they knew that it -meant—escape.</p> - -<p>On inquiry, it was found that a message had arrived from Virginia, -warning the robbers to “Get up and dust, and lie low for black ducks.” -A letter was found afterwards delivered to Tom Reilly and he showed it -to the Vigilantes. It was written by Brown, and Red carried it over, -travelling with such rapidity as to kill two horses.</p> - -<p>Vexed and dispirited, the men started on their return by way of -Beaverhead Rock. Here they camped in the willows, without shelter or -fire, except such as could be made with the green twigs. On Saturday, -it turned cold and snowed heavily, getting worse and worse, until on -Sunday the cold became fearful, and the sufferings of the party were -intense. Some of the stock stampeded to the canyon, out of the way of -the storm. The rest were tied fast in the willows. It was no small job -to hunt up the runaways.</p> - -<p>At the Station near the camp, the party met two friends, who told them -that Red was at Rattlesnake, and volunteers were called for to go in -pursuit of him. A small party of picked men started, and followed up -this rapid horseman, enduring on their march great hardships from the -inclemency of the weather. The open air restaurant of the main body -was not furnished with any great variety in the line of provisions. -Sometimes the meal was bread and bacon—minus the bacon; and sometimes -bacon and bread—minus the bread. Some choice spirits did venture, -occasionally, on a song or a jest; but these jocular demonstrations -were soon checked by the freezing of the beard and moustaches. The -disconsolate troopers slapped their arms to keep themselves warm; but -it was a melancholy and empty embrace, giving about as much warmth and -comfort as the dream begotten memory of one loved and lost.</p> - -<p>In the meantime the little party of volunteers wended their toilsome -way through the deep snow, and riding till midnight, journeyed as far -as Stone’s Ranch. Here they obtained remounts from the stock of Oliver -& <abbr title="company">Co.</abbr>, and then resumed their cheerless progress towards Rattlesnake, -at which place they arrived, after a ride of twenty miles. One of the -party afterwards confidentially observed that “It was<span class="pagenum" id="Page_111">[Pg 111]</span> cold enough to -freeze the tail of a brass monkey,” which observation had at least the -merit of being highly metaphorical and forcibly descriptive.</p> - -<p>The ranch was surrounded and one of the party entering, discovered -Buck Stinson, Ned Ray, and a prisoner, whom, as Deputy Sheriffs (?), -they had arrested. Stinson, who had a strong antipathy towards the -gentleman who entered first, appeared, revolver in hand; but finding -that the “drop” was falling the wrong way, restrained his bellicose -propensities, and, eventually, not being able to fathom the whole -purpose of his unwelcome visitor, who amused him with a fictitious -charge of horse stealing against Red, set free his prisoner, on his -promise to go and surrender himself up, and, much moved in spirit, made -his horse do all he knew about galloping, on his road to Bannack City.</p> - -<p>The party, who knew where to look for their man, rode straight for a -wakiup a few hundred yards up the creek, and surrounded it instantly, -their guns bearing on it. One of them dismounted, and throwing open -the flap, entered with the amicable remark, “It’s a mighty cold night; -won’t you let a fellow warm himself?” Seeing Red, he further remarked, -“You’re the man I’m seeking; come along with me.”</p> - -<p>The captive seemed perfectly unconcerned; he was as iron-nerved a man -as ever leveled a shot-gun at a coach. He was told that he was wanted -to go to Virginia; but he asked no questions. From his arrest till the -moment of his execution, he seemed possessed with the idea that it was -his fate to be taken then and there, and that his doom was irrevocably -sealed. They stayed all night at the ranch, Red going to bed with his -boots on, “all standing,” as the sailors say.</p> - -<p>The next morning they got up their horses, Red—unarmed, of -course—riding his own. One trooper rode beside him all the time; the -remainder were strung out on the road, like beads. While loping along, -the mule of the leader stumbled and rolled over, making two or three -complete somersaults before he fetched up; but the snow was so deep -that no great harm was done, and a merry laugh enlivened the spirits of -the party. The escort safely brought their prisoner to Dempsey’s Ranch, -where they overtook and rejoined the<span class="pagenum" id="Page_112">[Pg 112]</span> main body that had camped there -for two days, awaiting their coming. The demeanor of the captive was -cheerful, and he was quite a pleasant companion. He asked no questions -relative to his arrest, and rode from Rattlesnake to Dempsey’s as if -on a pleasure excursion, behaving in a most courteous and gentlemanly -manner all the time, and this, be it remembered, with the conviction -that his hours were numbered, and that the blood of his victims was -about to be avenged. After reporting the capture of Yager, the party -took supper and went to bed.</p> - -<p>There was in the house, at this time, the secretary—Brown—who had -written the letter warning his comrades to fly from Cottonwood, and -which missive Red had carried only too speedily. He acted as bar-keeper -and man of all work at the ranch. This individual was the very opposite -of Yager, in all respects. He was cowardly and had never worked on the -road, but had always done his best to assist the gang, as an outsider, -with information calculated to ensure the stoppage of treasure laden -victims. He was in the habit of committing minor felonies and of -appearing as a straw witness, when needed.</p> - -<p>After breakfast, the two men were confronted. Brown—who had evidently -suspected danger, ever since the arrival of the Vigilantes—was greatly -terrified. Red was as cool and collected as a veteran on parade. -Previously to the two robbers being confronted, the captain took Red -into a private room, and told him that he was suspected of being in -league with a band of Road Agents and murderers. He denied the charge -altogether. The captain then asked him why—if he was innocent—should -he take such pains to inform the gang that the Vigilantes were after -them? He said that he came along to Bob’s, on his way to Deer Lodge, -and that Brown asked him to carry a letter along to Aleck Carter and -some friends, and that having said he would do so, he did it. The -two men were called up to the bar, and there Red again admitted the -carrying of the letter which Brown had written. Brown having told his -examiners that he had seen one of their number before, and knew him, -was asked what sort of a man was the one he referred to. He replied -that he took him to be a half-breed. The Vigilanter,<span class="pagenum" id="Page_113">[Pg 113]</span> who had come -in, heard the description, and ejaculating, “You ——, you call de -Dutchmans half-breeds, you do, do you?” made at him with his fists; but -his comrades almost choking with laughter, held him off the horrified -Brown, whose fear of instantaneous immolation at the hands of the fiery -Dutchlander had blanched his cheek to a turnip color.</p> - -<p>The captain then told Brown that he must consider himself under arrest, -and remain there. He was taken out to Dempsey’s house and kept there -till the examination and trial of Red was concluded. Being then brought -in and questioned, he testified that Red came to Dempsey’s and said -that he was going to see the boys, and asked if Brown had anything to -tell them, offering to carry the letter. He said that Red was Ives’ -cousin, (this was untrue;) that he wrote the letter advising them to -leave, for that the Vigilantes were after them.</p> - -<p>At Smith’s Ranch it had been found, on comparing notes, that the -statements of Red to the successive portions of the command that he had -met while crossing the Divide, were not consistent, and, as frequently -happens, the attempt at deception had served only to bring out the -truth. Red was incontrovertibly proven to be one of the gang. The -confession of each man conclusively established the guilt of the other.</p> - -<p>A guard was placed over the two men and the remainder of the Vigilantes -went out on the bridge and took a vote upon the question as to whether -the men should be executed or liberated. The captain said, “All -those in favor of hanging those two men step to the right side of -the road, and those who are for letting them go, stand on the left.” -Before taking the vote he had observed to them, “Now, boys, you have -heard all about this matter, and I want you to vote according to your -consciences. If you think they ought to suffer punishment, say so. If -you think they ought to go free vote for it.” The question having been -put, the entire command stepped over to the right side, and the doom of -the robbers was sealed.</p> - -<p>One of the party, who had been particularly lip-courageous now began -to weaken, and discovered that he should lose $2,000 if he did not go -home at once. Persuasion only paled<span class="pagenum" id="Page_114">[Pg 114]</span> his lips, and he started off. The -click! click! click! of four guns, however, so far directed his fears -into an even more personal channel, that he concluded to stay.</p> - -<p>The culprits were informed that they should be taken to Virginia, -and were given in charge to a trustworthy and gallant man, with a -detachment of seven, selected from the whole troop. This escort reached -Lorraine’s in two hours. The rest of the men arrived at sun down. The -prisoners were given up, and the leader of the little party, who had -not slept for four or five nights, lay down to snatch a brief, but -welcome repose. About 10 <span class="allsmcap">P. M.</span>, he was awakened, and the -significant, “We want you,” announced “business.”</p> - -<p>The tone and manner of the summons at once dispelled even his profound -and sorely needed slumber. He rose without further parley and went from -the parlor to the bar-room where Red and Brown were lying in a corner, -asleep. Red got up at the sound of his footsteps, and said, “You have -treated me like a gentleman, and I know I am going to die—I am going -to be hanged.” “Indeed,” said his quondam custodian, “that’s pretty -rough.” In spite of a sense of duty, he felt what he said deeply. “It -is pretty rough,” continued Yager, “but I merited this, years ago. What -I want to say is that I know all about the gang, and there are men in -it that deserve this more than I do; but I should die happy if I could -see them hanged, or know that it would be done. I don’t say this to get -off. I don’t want to get off.” He was told that it would be better if -he should give all the information in his possession, if only for the -sake of his kind. Times had been very hard, and “you know, Red,” said -the Vigilanter, “that men have been shot down in broad day light—not -for money, or even for hatred, but for <span class="allsmcap">LUCK</span>, and it must be put a stop -to.”</p> - -<p>To this he assented, and the captain being called, all that had passed -was stated to him. He said that the prisoner had better begin at -once, and his words should be taken down. Red began by informing them -that Plummer was chief of the band; Bill Bunton second in command and -stool pigeon; Sam Bunton, roadster, (sent away for being a drunkard;) -Cyrus Skinner, roadster, fence and spy. At Virginia City, George Ives, -Steven Marshland, Dutch John (Wagner,)<span class="pagenum" id="Page_115">[Pg 115]</span> Aleck Carter, Whiskey Bill, -(Graves,) were roadsters; Geo. Shears was a roadster and horse-thief; -Johnny Cooper and Buck Stinson were also roadsters; Ned Bay was -council-room keeper at Bannack City; Mexican Frank and Bob Zachary were -also roadsters; Frank Parish was roadster and horse-thief; Boon Helm -and Club-Foot George were roadsters; Haze Lyons and Bill Hunter were -roadsters and telegraph men; George Lowry, Billy Page, Doc Howard, Jem -Romaine, Billy Terwilliger and Gad Moore were roadsters. The pass-word -was “Innocent.” They wore a neck-tie fastened with a “sailor’s knot,” -and shaved down to moustache and chin whiskers. He admitted that he -was one of the gang; but denied—as they invariably did—that he was a -murderer. He also stated that Brown—his fellow captive—acted in the -capacity before mentioned.</p> - -<p>He spoke of Bill Bunton with a fierce animosity quite unlike his usual -suave and courteous manner. To him, he said, he owed his present -miserable position. He it was that first seduced him to commit crime, -at Lewiston. He gave the particulars of the robberies of the coaches -and of many other crimes, naming the perpetrators. As these details -have been already supplied or will appear in the course of the -narrative, they are omitted, in order to avoid a useless repetition.</p> - -<p>After serious reflection, it had been decided that the two culprits -should be executed forthwith, and the dread preparations were -immediately made for carrying out the resolution.</p> - -<p>The trial of George Ives had demonstrated most unquestionably that no -amount of certified guilt was sufficient to enlist popular sympathy -exclusively on the side of justice, or to render the just man other -than a mark for vengeance. The majority of men sympathize, in spite -of the voice of reason, with the murderers instead of the victims; a -course of conduct which appears to us inexplicable, though we know -it to be common. Every fibre of our frame vibrates with anger and -disgust when we meet a ruffian, a murderer or a marauder. Mawkish -sentimentalism we abhor. The thought of murdered victims, dishonored -females, plundered wayfarers, burning houses, and the rest of the sad -evidences of villainy,<span class="pagenum" id="Page_116">[Pg 116]</span> completely excludes mercy from our view. Honor, -truth and the sacrifice of self to considerations of justice and the -good of mankind—these claim, we had almost said our adoration; but -for the low, brutal, cruel, lazy, ignorant, insolent, sensual and -blasphemous miscreants that infest the frontiers, we entertain but one -sentiment—aversion—deep, strong, and unchangeable. For such cases, -the rope is the only prescription that avails as a remedy. But, though -such feelings must be excited in the minds of good citizens, when -brought face to face with such monsters as Stinson, Helm, Gallagher, -Ives, Skinner, or Graves, the calm courage and penitent conduct of -Erastus Yager have the opposite effect, and the loss of the goodly -vessel thus wrecked forever, must inspire sorrow, though it may not and -ought not to disarm justice.</p> - -<p>Brief were the preparations needed. A lantern and some stools were -brought from the house, and the party, crossing the creek behind -Lorraine’s Ranch, made for the trees that still bear the marks of the -axe which trimmed off the superfluous branches. On the road to the -gallows, Red was cool, calm and collected. Brown sobbed and cried for -mercy, and prayed God to take care of his wife and family in Minnesota. -He was married to a squaw. Red, overhearing him, said, sadly but -firmly, “Brown, if you had thought of this three years ago, you would -not be here now, or give these boys this trouble.”</p> - -<p>After arriving at the fatal trees, they were pinioned and stepped on -to the stools, which had been placed one on the other to form a drop. -Brown and the man who was adjusting the rope, tottered and fell into -the snow; but recovering himself quickly, the Vigilanter said quietly, -“Brown we must do better than that.”</p> - -<p>Brown’s last words were, “God Almighty save my soul.”</p> - -<p>The frail platform flew from under him, and his life passed away almost -with the twang of the rope.</p> - -<p>Red saw his comrade drop; but no sign of trepidation was visible. His -voice was as calm and quiet as if he had been conversing with old -friends. He said he knew that he should be followed and hanged when -he met the party on the Divide. He wished that they would chain him -and<span class="pagenum" id="Page_117">[Pg 117]</span> carry him along to where the rest were, that he might see them -punished. Just before he was launched into eternity, he asked to shake -hands with them all, which having done, he begged of the man who had -escorted him to Lorraine’s, that he would follow and punish the rest. -The answer was given in these words, “Red we will do it, if there’s any -such thing in the book.” The pledge was kept.</p> - -<p>His last words were, “Good bye, boys; God bless you. You are on a good -undertaking.” The frail footing on which he stood gave way, and this -dauntless and yet guilty criminal died without a struggle. It was -pitiful to see one whom nature intended for a hero, dying—and that -justly—like a dog.</p> - -<p>A label was pinioned to his back bearing the legend:</p> - -<p>“<span class="smcap">Red! Road Agent and Messenger.</span>”</p> - -<p>The inscription on the paper fastened on to Brown’s clothes was:</p> - -<p>“<span class="smcap">Brown! Corresponding Secretary.</span>”</p> - -<p>The fatal trees still smile as they don the green livery of Spring, or -wave joyfully in the Summer breeze; but when the chill blast of winter -moans over the snow-clad prairie, the wind sighing and creaking through -the swaying boughs seems, to the excited listener, to be still laden -with the sighs and sounds of that fatal night. <span class="smcap">Fiat Justitia ruat -cælum.</span></p> - -<p>The bodies were left suspended, and remained so for some days before -they were buried. The ministers of justice expected a battle on their -arrival at Nevada; but they found the Vigilantes organized in full -force, and each man, as he uncocked his gun and dismounted, heaved a -deep sigh of relief. <span class="allsmcap">THE CRISIS WAS PAST.</span></p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XVII">CHAPTER XVII.<br /><span class="small">DUTCH JOHN (WAGNER.)</span></h2> -</div> - -<p class="poetry"> -<span style="margin-left: 1em;">“Give me a horse! Bind up my wounds!”—<span class="smcap">Richard III.</span></span><br /> -</p> - - -<p>The tidings of Ives’ execution and the deep and awe-striking<span class="pagenum" id="Page_118">[Pg 118]</span> news of -the organization of the Vigilantes in the camps on Alder Gulch, flew -like wildfire, exciting wherever they were received, the most dread -apprehension in the minds of those whose consciences told them that -their capture and their doom were convertible terms.</p> - -<p>Among these men was Dutch John (Wagner.) His share in the robbery of -the train, and his wound from the pistol of Lank Forbes, pressed upon -his memory. By a physical reminder, he was prevented from forgetting, -even in his sleep, that danger lurked in every valley, and waited his -coming on every path and track by which he now trusted to escape from -the scene of his crimes. Plummer advised him to leave the Territory -at once, but he offered him no means of locomotion. This, however, -was of small consequence to Wagner. He knew how to obtain a remount. -Taking his saddle on his back, he started for the Ranch of Barret & -Shineberger, on Horse Prairie where he knew there was a splendid gray -horse—the finest in the country. The possession was the trouble—the -title was quite immaterial. A friend seeing him start from Bannack with -the saddle, sent word to the owners of the gallant gray, who searched -for him without delay, taking care to avoid the willows for fear of a -shot. One of them, after climbing a hill, discovered the robber sitting -among the underwood. The place was surrounded and the capture was made -secure.</p> - -<p>Short shrift was he allowed. His story was disbelieved, and his captors -went for his personal outfit, if not for his purse. They lectured him -in the severest terms on the depravity which alone rendered horse -stealing possible, and then started him off down the road, minus his -saddle and pistol, but plus an old mule and blanket.</p> - -<p>With these locomotive treasures, Dutch John left Horse Prairie, and -took the Salt Lake road. He was accompanied by an Indian of the Bannack -tribe, armed with bow, quiver and knife. Ben. Peabody was the first who -espied them. He was going to Salt Lake City with a cayuse pack-train, -for goods, and saw the Road Agent and his aboriginal companion at Dry -Creek Canyon Ranch, since used by Oliver & <abbr title="company">Co.</abbr>, as a station on the -road to the metropolis of the Latter Day Saints.</p> - -<p><span class="pagenum" id="Page_119">[Pg 119]</span></p> - -<p>About two miles below this place, he met Neil Howie, who was coming -from the same City of Waters, along with three wagons laden with -groceries and flour. A long consultation was the consequence, and a -promise was given that the aid of the train men would be given to -secure the fugitive from justice. The same pledge was obtained from -Neil’s own party, and from the owner of a big train further down.</p> - -<p>Shortly after, Dutch John and the Indian hove in sight; but this did -not mend matters, for the parties “weakened” at once, and left Neil -cursing their timidity, but determined that he should not escape. -Wagner rode up and asked for some tobacco. He was told that they had -none to spare, but that there was a big train (Vivion’s) down below, -and that he might get some there. During the conversation he looked -suspicious and uneasy; but at last went on, parting amicably from them, -and attended by his copper colored satellite, whose stolid features -betrayed no sign of emotion. Neil felt “bad” but determined that his -man should not escape thus easily, he mounted his pony and galloped -after him, resolved to seek for help at the big train. He soon came up -with the pair, and Neil fancied that Wagner gave some directions to -the Indian, for he put his hand to his quiver, as if to see that all -was right for action. Dutch John held his rifle ready and looked very -suspiciously at Neil. The Indian kept behind, prepared for business.</p> - -<p>After the usual salutations of the road, Neil told John that he wanted -to borrow a shoeing hammer to prepare his stock for crossing the -Divide, and thereupon he noticed a sudden, joyful expansion in the eyes -of Dutch John, and, with a friendly salute they parted company.</p> - -<p>It was ticklish work for Neil to ride with his back to Wagner, right -under the muzzle of his rifle, but the brave fellow went along as -if he suspected nothing, and never drew rein till he came to the -train. The owner—who had often lectured, in strong language, on -the proper way to deal with (<span class="allsmcap">ABSENT</span>) Road Agents—backed -square down, notwithstanding all the arguments of Neil, some of which -were of a nature to bring out any concealed courage that his friend -possessed. Wagner rode up, and glancing quickly and sharply<span class="pagenum" id="Page_120">[Pg 120]</span> at the two -conversing, asked for tobacco, and received for reply—not the coveted -weed—but an inquiry as to whether he had any money; which not being -the case, he was informed that there was none for him. Neil immediately -told the trader to let the man have what he wanted, on his credit. -Wagner appeared deeply grateful for this act of kindness, and having -received the article, set forward on his journey. Neil made one more -solemn appeal not to “let a murderer and Road Agent escape;” but the -train-owner said nothing.</p> - -<p>In an instant he determined to arrest the robber at all risks, single -handed. He called out, “Hallo, Cap; hold on a minute.” Wagner wheeled -his horse half round, and Neil fixing his eyes upon him, walked -straight towards him, with empty hands. His trusty revolver hung at -his belt; however, and those who have seen the machine-like regularity -and instantaneous motion with which Howie draws and cocks a revolver, -as well as the rapidity and accuracy of his shooting, well know that -few men, if any, have odds against him in an encounter with fire-arms. -Still not one man in a thousand would, at a range of thirty yards, walk -up to a renowned desperado, sitting quietly with a loaded rifle in his -hand, and well knowing the errand of his pursuer. Yet this gallant -fellow never faltered. At twenty yards their eyes met, and the gleam -of anger, hate and desperation that shot from those of Dutch John, -spoke volumes. He also slewed round his rifle, with the barrel in his -left hand, and his right on the small of the stock. Howie looked him -straight down, and, as Wagner made the motion with his rifle, his -hand mechanically sought his belt. No further demonstration being -made, he continued his progress, which he had never checked, till he -arrived within a few steps of the Dutchman, and there read perplexity, -hesitation, anger and despair in his fiery glances. Those resolved and -unwavering grey eyes seemed to fascinate Wagner. Five paces separated -them, and the twitchery of Wagner’s muscles showed that it was touch -and go, sink or swim. Four!—three!—two!—one! Fire flashes from -John’s eyes. He is awake at last; but it is too late. Neil has passed -the butt of his rifle, and in tones quiet but carrying authority with -them, he broke the silence with the order. “Give me your gun and<span class="pagenum" id="Page_121">[Pg 121]</span> get -off your mule.” A start and a shudder ran through Wagner’s frame, like -an electric shock. He complied, however, and expressed his willingness -to go with Neil, both then and several times afterwards, adding that he -need fear nothing from him.</p> - -<p>Let it not be imagined that this man was any ordinary felon, or one -easy to capture. He stood upwards of six feet high; was well and most -powerfully built, being immensely strong, active, and both coolly and -ferociously brave. His swarthy visage, determined looking jaw and high -cheek-bones were topped off with a pair of dark eyes, whose deadly -glare few could face without shrinking. Added to this, he knew his -fate if he were caught. He traveled with a rifle in his hand, a heart -of stone, a will of iron, and the frame of a Hercules. It might also -be said, with a rope round his neck. For cool daring and self-reliant -courage, the single handed capture of Dutch John, by Neil Howie, has -always appeared to our judgment as the most remarkable action of this -campaign against crime. Had he met him and taken him alone, it would -have been a most heroic venture of life for the public good; but to see -scores of able-bodied and well armed men refusing even to assist in -the deed, and then—single handed—to perform the service from which -they shrank from bodily fear of the consequences, was an action at once -noble and self-denying in the highest sense. Physical courage we share -with the brutes; moral courage is the stature of manhood.</p> - -<p>The prisoner being brought to the camp-fire, was told of the nature -of the charge against him, and informed that if he were the man, a -bullet wound would be found on his shoulder. On removing his shirt, the -fatal mark was there. He attempted to account for it by saying, that -when sleeping in camp his clothes caught fire, and his pistol went off -accidentally; but neither did the direction of the wound justify such -an assumption, nor was the cause alleged received as other than proof -of attempted deceit, and, consequently, of guilt. The pistol could not -have been discharged by the fire, without the wearer being fatally -burned, long before the explosion took place, as was proved by actual -experiment at the fire, by putting a cap on a stick, and holding it -right in the blaze.</p> - -<p><span class="pagenum" id="Page_122">[Pg 122]</span></p> - -<p>The ocular demonstration of the prisoner’s guilt afforded by the -discovery of the bullet wound, was conclusive. Neil left him in charge, -at the big train, and rode back to see who would help him to escort the -prisoner to Bannack. Volunteering was out of fashion just then, and -there was no draft. Neil started back and brought his prisoner to Dry -Creek, where there were fifty or sixty men; but still no one seemed -to care to have anything to do with it. The fear of the roughs was so -strong that every one seemed to consider it an almost certain sacrifice -of life to be caught with one of their number in charge.</p> - -<p>One of Neil Howie’s friends came to him and told him that he knew -just the very man he wanted, and that he was camped with a train near -at hand. This was good news, for he had made up his mind to go with -his prisoner alone. John Fetherstun at once volunteered to accompany -him, Road Agents, horse thieves and roughs in general to the contrary -notwithstanding. The two brave men here formed that strong personal -attachment that has ever since united them in a community of sentiment, -hardship, danger and mutual devotion.</p> - -<p>The prisoner, who continually protested his innocence of any crime, -and his resolution to give them no trouble, seemed quite resigned, and -rode with them unfettered and unrestrained, to all appearance. He was -frequently fifty yards ahead of them; but they were better mounted than -he was, and carried both pistols and shot-guns, while he was unarmed. -His amiable manners won upon them, and they could not but feel a sort -of attachment to him—villain and murderer though they knew him to -be. The following incidents, however, put a finale to this dangerous -sympathy, and brought them back to stern reality.</p> - -<p>The weather being intensely cold, the party halted every ten or -fifteen miles, lit a fire, and thawed out. On one of these occasions, -Fetherstun, who usually held the horses while Neil raised a blaze, in -order to make things more comfortable, stepped back about ten paces and -set down the guns. He had no sooner returned than Wagner “made a break” -for them, and but for the rapid pursuit of Howie and Fetherstun—whose -line of march cut him off from the<span class="pagenum" id="Page_123">[Pg 123]</span> coveted artillery—it is likely -that this chapter would never have been written, and that the two -friends would have met a bloody death at the hands of Dutch John.</p> - -<p>One night, as they were sleeping in the open air, at Red Rock, fatigue -so overcame the watcher that he snored, in token of having transferred -the duties of his position to</p> - -<p class="poetry"> -<span style="margin-left: 1em;">Watchful stars that sentinel the skies.</span><br /> -</p> - -<p>This suited Wagner exactly. Thinking that the man off guard was surely -wrapt in slumber, he raised up and took a survey of the position, his -dark eyes flashing with a stern joy. As he made the first decisive -movement towards the accomplishment of his object, Neil, who sleeps -with an eye open at such times, but who, on this particular occasion, -had both his visual organs on duty—suddenly looked up. The light faded -from Wagner’s eyes, and uttering some trite remark about the cold, he -lay down again. After a lapse of about an hour or two, he thought that, -at last, all was right, and again, but even more demonstratively, he -rose. Neil sat up, and said quietly, “John, if you do that again, I’ll -kill you.” A glance of despair deepened the gloom on his swarthy brow, -and, with profuse and incoherent apologies, he again lay down to rest.</p> - -<p>On another occasion, they saw the smoke of a camp-fire, in close -proximity to the road, and Wagner, who noticed it even sooner than his -guards, at once thought that it must be the expected rescuers. He sang -and whistled loudly, as long as they were within hearing, and then -became sad, silent and downcast.</p> - -<p>“Fortune favors the brave,” and they arrived without interruption, at -Horse Prairie. Neil Howie rode on to Bannack to reconnoitre—promising -to be back, if there was any danger, in an hour or so. After waiting -for two hours, Fetherstun resumed his journey and brought in his man, -whom he took to his hotel. Neil met Plummer and told him of the capture -of Wagner. The Sheriff (?) demanded the prisoner; but Neil refused to -give him up. He soon found out that he would be backed by the “powers -behind the throne.” There were no Vigilantes organized in Bannack at -that time; but four of the Committee, good men and true, were, even -then, in the saddle, on their road from<span class="pagenum" id="Page_124">[Pg 124]</span> Virginia, with full powers to -act in the matter. Neil knew very well that a guard under the orders of -Plummer, and composed of Buck Stinson, Ned Ray and their fellows, would -not be likely to shoot at a prisoner escaping.</p> - -<p>Dutch John proposed to Fetherstun that they should take a walk, which -they did. Fetherstun did not know Bannack; but they sauntered down to -Durand’s saloon. After a few minutes had elapsed, Neil came in, and -told Fetherstun to keep a close watch on Wagner, stating that he would -be back in a few minutes. The two sat down and played a couple of games -at “seven-up.” Buck Stinson and Ned Ray came in and shook hands with -the prisoner. Four or five more also walked up, and one of them went -through that ceremony very warmly, looking very sharply at Fetherstun. -After taking a drink, he wheeled round, and, saying that he was on a -drunk, stepped out of doors. This raised Fetherstun’s suspicions, which -were apparently confirmed when he came in after a few minutes, with a -party of nine. The whole crowd numbered fifteen. Fetherstun made sure -that they were Road Agents; for one of them stepped up to John and -said, “You are my prisoner.” John looked at his quondam jailor, and -laughed. Fetherstun understood him to mean “You had me once, and now -I have you.” He stepped into the corner and drew his revolver, fully -expecting death, but determined to put as much daylight through them -as the size of his lead would allow. He permitted them to take away -the prisoner, seeing that resistance was absurd, and went off to his -hotel, where he found four or five men, and being told, in answer to -his question, that Neil had not been there, he said, “Gentlemen, I -don’t know whom I am addressing; but if you’re the right kind of men, -I want you to follow me; I am afraid the Road Agents have killed Neil -Howie; for he left me half an hour ago, to be back in five minutes.” -They all jumped up, and Fetherstun saw that they were the genuine -article. He was taking his shot-gun, when a man put his head in at the -door and told him not to be uneasy. The rest seemed satisfied. He asked -if he could go too, and was answered “no.” He said he would go, anyhow, -and started down street, gun in hand. He could not see the man, but<span class="pagenum" id="Page_125">[Pg 125]</span> -walking on, he came to a cabin and descried Dutch John, surrounded by a -group of some twenty men. He knocked, but was refused admittance. The -party did not know him. It was a mutual mistake. Each thought the other -belonged to the class “Road Agent.” Fetherstun said Wagner was his -prisoner, and that he must have him. They said it was all right; they -only wanted to question him. The same mistake occurred with regard to -Neil Howie, whom Fetherstun found shortly after, being aided by one of -the new captors. He was as hot as calf love at the news, but, like it, -he soon cooled, when he saw things in the right light.</p> - -<p>The men at once gave up the prisoner to Neil and Fetherstun, who -marched him back to the hotel, and, afterwards, to a cabin. Seven or -eight parties gathered and questioned him as to all that he knew, -exhorting him to confess. He promised to do so, over and over again; -but he was merely trying to deceive them and to gain time. The leader -in the movement took up a book, observing that he had heard enough -and would not be fooled any more. The remainder went on with their -interrogations; but at last ceased in despair of eliciting anything -like truth, from John.</p> - -<p>The literary gentleman closed the book, and approaching Wagner, told -him that he was notoriously a highwayman and a murderer, and that he -must be hanged; but that if he had any wish as to the precise time for -his execution he might as well name it, as it would be granted if at -all reasonable. John walked up and down for a while, and then burst -into tears, and, lamenting his hard lot, agreed to make his confession, -evidently hoping that it might be held to be of sufficient importance -to induce them to spare his life. He then gave a long statement, -corroborating Red’s confession in all important particulars; but he -avoided inculpating himself to the last moment, when he confessed his -share in the robbery of the train by himself and Steve Marshland. This -ended the examination for the night.</p> - -<p>It was at this time that the Vigilance Committee was formed in Bannack. -A public meeting had been held in Peabody’s to discuss the question, -and the contemplated organization was evidently looked upon with favor. -The most energetic citizen, however, rather threw cold water on<span class="pagenum" id="Page_126">[Pg 126]</span> the -proposition. Seeing Ned Hay and Stinson there present, he wisely -thought that that was no place for making such a movement, and held -himself in reserve for an opportunity to make an effort, at a fitting -time and place, which offered itself in the evening.</p> - -<p>At midnight he had lain down to rest, when he was awakened from sleep -by a summons to get up, for that men had come from Virginia to see -him. He put on his clothes hastily, and found that four trustworthy -individuals had arrived, bearing a communication from the Vigilantes -of Virginia, which, on inspection, evidently took for granted the fact -of their organization, and also assumed that they would be subordinate -to the central authority. This latter question was put to the small -number of the faithful, and, by a little management, was carried with -considerable unanimity of feeling. It was rather a nice point; for the -letter contained an order for the execution of Plummer, Stinson and -Ray—the first as captain, and the others as members of the Road Agent -Band. Four men had comprised those first enrolled as Vigilantes at -Bannack.</p> - -<p>It was resolved to spend the following day in enlisting members, though -no great progress was made after all.</p> - -<p>Towards night, the people, generally, became aware that Wagner was a -prisoner and a Road Agent. No one would let him into his house. Neil -Howie and Fetherstun took him to an empty cabin on Yankee Flat.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XVIII">CHAPTER XVIII.<br /><span class="small">THE ARREST AND EXECUTION OF HENRY PLUMMER, THE ROAD AGENT CHIEF, BUCK -STINSON AND NED RAY.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">United there that trio died,</span><br /> -<span style="margin-left: 1em;">By deeds of crime and blood allied.</span><br /> -</p> - - -<p>At dusk, three horses were brought into town, belonging severally and -respectively to the three marauders so often<span class="pagenum" id="Page_127">[Pg 127]</span> mentioned, Plummer, -Stinson and Ray. It was truly conjectured that they had determined -to leave the country, and it was at once settled that they should -be arrested that night. Parties were detailed for the work. Those -entrusted with the duty, performed it admirably. Plummer was undressing -when taken at his house. His pistol (a self-cocking weapon) was broken -and useless. Had he been armed, resistance would have been futile; -for he was seized the moment the door was opened in answer to the -knocking from without. Stinson was arrested at Toland’s, where he was -spending the evening. He would willingly have done a little firing, -but his captors were too quick for him. Ray was lying on a gaming -table, when seized. The three details marched their men to a given -point, en route to the gallows. Here a halt was made. The leader of the -Vigilantes and some others, who wished to save all unnecessary hard -feeling, were sitting in a cabin, designing not to speak to Plummer, -with whom they were so well acquainted. A halt was made, however, and, -at the door, appeared Plummer. The light was extinguished; when the -party moved on, but soon halted. The crisis had come. Seeing that the -circumstances were such as admitted of neither vacillation nor delay, -the citizen leader, summoning his friends, went up to the party and -gave the military command, “Company! forward—march!” This was at once -obeyed. A rope taken from a noted functionary’s bed had been mislaid -and could not be found. A nigger boy was sent off for some of that -highly necessary, but unpleasant remedy for crime, and the bearer made -such good time that some hundreds of feet of hempen neck-tie were on -the ground before the arrival of the party at the gallows. On the -road, Plummer heard the voice and recognized the person of the leader. -He came to him and begged for his life; but was told, “It is useless -for you to beg for your life; that affair is settled and cannot be -altered. You are to be hanged. You cannot feel harder about it than I -do; but I cannot help it, if I would.” Ned Ray, clothed with curses -as with a garment, actually tried fighting, but found that he was in -the wrong company for such demonstrations; and Buck Stinson made the -air ring with the blasphemous and filthy expletives which he used<span class="pagenum" id="Page_128">[Pg 128]</span> in -addressing his captors. Plummer exhausted every argument and plea that -his imagination could suggest, in order to induce his captors to spare -his life. He begged to be chained down in the meanest cabin; offered to -leave the country forever; wanted a jury trial; implored time to settle -his affairs; asked to see his sister-in-law, and, falling on his knees, -with tears and sighs declared to God that he was too wicked to die. He -confessed his numerous murders and crimes, and seemed almost frantic at -the prospect of death.</p> - -<p>The first rope being thrown over the cross-beam, and the noose being -rove, the order was given to “Bring up Ned Ray.” This desperado was run -up with curses on his lips. Being loosely pinioned, he got his fingers -between the rope and his neck, and thus prolonged his misery.</p> - -<p>Buck Stinson saw his comrade robber swinging in the death agony, and -blubbered out, “There goes poor Ed Ray.” Scant mercy had he shown to -his numerous victims. By a sudden twist of his head at the moment of -his elevation, the knot slipped under his chin, and he was some minutes -dying.</p> - -<p>The order to “Bring up Plummer” was then passed and repeated; but no -one stirred. The leader went over to this <span class="allsmcap">PERFECT GENTLEMAN</span>, -as his friends called him, and was met by a request to “Give a man time -to pray.” Well knowing that Plummer relied for a rescue upon other than -Divine aid, he said briefly and decidedly, “Certainly; but let him say -his prayers up here.” Finding all efforts to avoid death were useless, -Plummer rose and said no more prayers. Standing under the gallows which -he had erected for the execution of Horan, this second Haman slipped -off his neck-tie and threw it over his shoulder to a young friend who -had boarded at his house, and who believed him innocent of crime, -saying as he tossed it to him, “Here is something to remember me by.” -In the extremity of his grief, the young man threw himself weeping and -wailing, upon the ground. Plummer requested that the men would give -him a good drop, which was done, as far as circumstances permitted, by -hoisting him up as high as possible, in their arms, and letting him -fall suddenly. He died quickly and without much struggle.</p> - -<p><span class="pagenum" id="Page_129">[Pg 129]</span></p> - -<p>It was necessary to seize Ned Ray’s hand and by a violent effort to -draw his fingers from between the noose and his neck before he died. -Probably he was the last to expire, of the guilty trio.</p> - -<p>The news of a man’s being hanged flies faster than any other -intelligence, in a Western country, and several had gathered round the -gallows on that fatal Sabbath evening—many of them friends of the Road -Agents. The spectators were allowed to come up to a certain point, and -were then halted by the guard, who refused permission either to depart -or to approach nearer than the “dead line,” on pain of their being -instantly shot.</p> - -<p>The weather was intensely cold; but the party stood for a long time -round the bodies of the suspended malefactors, determined that rescue -should be impossible.</p> - -<p>Loud groans and cries uttered in the vicinity, attracted their -attention, and a small squad started in the direction from which -the sound proceeded. The detachment soon met Madam Hall, a noted -courtezan—the mistress of Ned Ray—who was “Making night hideous” -with her doleful wailings. Being at once stopped, she began inquiring -for her paramour, and was thus informed of his fate, “Well if you must -know, he is hung.” A volcanic eruption of oaths and abuse was her reply -to this information; but the men were on “short time,” and escorted her -towards her dwelling without superfluous display of courtesy. Having -arrived at the brow of a short descent, at the foot of which stood her -cabin, <span class="allsmcap">STERN</span> necessity compelled a rapid and final progress in -that direction.</p> - -<p>Soon after, the party formed and returned to town, leaving the corpses -stiffening in the icy blast. The bodies were eventually cut down by -the friends of the Road Agents and buried. The “Reign of Terror,” in -Bannack, was over.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_130">[Pg 130]</span></p> - -<h2 class="nobreak" id="CHAPTER_XIX">CHAPTER XIX.<br /><span class="small">THE EXECUTION OF “THE GREASER” (JOE PIZANTHIA,) AND DUTCH JOHN, -(WAGNER.)</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">Hope withering fled, and mercy sighed, farewell.—<span class="smcap">Campbell.</span></span><br /> -</p> - - -<p>A marked change in the tone of public sentiment was the consequence -of the hanging of the blood-stained criminals whose deserved fate is -recorded in the preceding chapters. Men breathed freely; for Plummer -and Stinson especially were dreaded by almost every one. The latter -was of the type of that brutal desperado whose formula of introduction -to a Western bar-room is so well known in the Mountains: “Whoop! I’m -from Pike County, Missouri; I’m ten feet high; my abode is where lewd -women and licentious men mingle; my parlor is the Rocky Mountains. I -smell like a wolf. I drink water out of a brook, like a horse. Look -out you ——, I’m going to turn loose,” etc. A fit mate for such a -God-forgotten outlaw was Stinson, and he, with the oily and snake-like -demon, Plummer, the wily, red-handed, and politely merciless chief, and -the murderer and robber, Ray, were no more. The Vigilantes organized -rapidly. Public opinion sustained them.</p> - -<p>On Monday morning, it was determined to arrest “the Greaser,” Joe -Pizanthia, and to see precisely how his record stood in the Territory. -Outside of it, it was known that he was a desperado, a murderer and -a robber; but that was not the business of the Vigilantes. A party -started for his cabin, which was built in a side-hill. The interior -looked darker than usual, from the bright glare of the surrounding -snow. The summons to come forth being disregarded, Smith Ball and -George Copley entered, contrary to the advice of their comrades, and -instantly received the fire of their concealed foe. Copley was shot -through the breast. Smith Ball received a bullet in the hip. They both -staggered out, each ejaculating, “I’m shot.” Copley was led off by two<span class="pagenum" id="Page_131">[Pg 131]</span> -friends, and died of his wound. Smith Ball recovered himself, and was -able to empty his six-shooter into the body of the assassin, when the -latter was dragged forth.</p> - -<p>The popular excitement rose nearly to madness. Copley was a much -esteemed citizen, and Smith Ball had many friends. It was the instant -resolution of all present that the vengeance on the Greaser should be -summary and complete.</p> - -<p>A party whose military experience was still fresh in their memory, -made a rush at the double-quick, for a mountain howitzer, which lay -dismounted, where it had been left by the train to which it was -attached. Without waiting to place it on the carriage, it was brought -by willing hands, to within five rods of the windowless side of the -cabin, and some old artillerists, placing it on a box, loaded it with -shell, and laid it for the building. By one of those omissions so -common during times of excitement, the fuse was left uncut, and, being -torn out in its passage through the logs, the missile never exploded, -but left a clean breach through the wall, making the chips fly. A -second shell was put into the gun, and this time, the fuse was cut, -but the range was so short that the explosion took place after it had -traversed the house.</p> - -<p>Thinking that Pizanthia might have taken refuge in the chimney, -the howitzer was pointed for it, and sent a solid shot through it. -Meanwhile the military judgment of the leader had been shown by the -posting of some riflemen opposite the shot-hole, with instructions to -maintain so rapid a fire upon it, that the beleaguered inmate should -not be able to use it as a crenelle through which to fire upon the -assailants. No response being given to the cannon and small-arms, the -attacking party began to think of storming the dwelling.</p> - -<p>The leader called for volunteers to follow him. Nevada cast in her lot -first, and men from the crowd joined. The half dozen stormers moved -steadily, under cover, to the edge of the last building, and then -dashed at the house, across the open space. The door had fallen from -the effects of the fusilade; but, peeping in, they could see nothing, -until a sharp eye noticed the Greaser’s boots protruding. Two lifted -the door, while Smith Ball drew his revolver and stood ready. The -remainder seized the boots.</p> - -<p><span class="pagenum" id="Page_132">[Pg 132]</span></p> - -<p>On lifting the door, Pizanthia was found lying flat, and badly hurt. -His revolver was beside him. He was quickly dragged out, Smith Ball -paying him for the wound he had received by emptying his revolver into -him.</p> - -<p>A clothes line was taken down and fastened round his neck; the leader -climbed a pole, and the rest holding up the body, he wound the rope -round the top of the stick of timber, making a jam hitch. While aloft, -fastening all securely, the crowd blazed away upon the murderer -swinging beneath his feet. At his request—“Say, boys! stop shooting -a minute”—the firing ceased, and he came down by the run. Over one -hundred shots were discharged at the swaying corpse.</p> - -<p>A friend—one of the four <span class="smcap">Bannack originals</span>—touched the -leader’s arm, and said, “Come and see my bon-fire.” Walking down to the -cabin, he found that it had been razed to the ground by the maddened -people, and was then in a bright glow of flame. A proposition to burn -the Mexican was received with a shout of exultation. The body was -hauled down and thrown upon the pile, upon which it was burned to ashes -so completely that not a trace of a bone could be seen when the fire -burned out.</p> - -<p>In the morning some women of ill-fame actually panned out the ashes, to -see whether the desperado had any gold in his purse. We are glad to say -that they were not rewarded for their labors by striking any auriferous -deposit.</p> - -<p>The popular vengeance had been only partially satisfied, so far as -Pizanthia was concerned; and it would be well if those who preach -against the old Vigilance Committee would reflect upon the great -difference which existed between the prompt and really necessary -severity which they exercised and the wild and ungovernable passion -which goads the masses of all countries, when roused to deeds of -vengeance of a type so fearful, that humanity recoils at the recital. -Over and over again, we have heard a man declaring that it was “A -—— shame,” to hang some one that he wished to see punished. “——, -he ought to be burnt; I would pack brush three miles up a mountain -myself.” “He ought to be fried in his own grease,” etc., and it must -not be supposed that such expressions were mere idle bravado.<span class="pagenum" id="Page_133">[Pg 133]</span> The -men said just what they meant. In cases where criminals convicted of -grand larceny have been whipped, it has never yet happened that the -punishment has satisfied the crowd. The truth is, that the Vigilance -Committee simply punished with death, men unfit to live in any -community, and that death was, usually, almost instantaneous, and only -momentarily painful. With the exceptions recorded (Stinson and Ray) the -drop and the death of the victim seemed simultaneous. In a majority of -cases, a few almost imperceptible muscular contortions, not continuing -over a few seconds, were all that the keenest observer could detect; -whereas, had their punishment been left to outsiders, the penalty would -have been cruel and disgusting in the highest degree. What would be -thought of the burning of Wagner and panning out his ashes, <span class="smcap">by -order of the Vigilantes</span>. In every case where men have confessed -their crimes to the Vigilantes of Montana, they dreaded the vengeance -of their comrades far more than their execution at the hands of the -Committee, and clung to them as if they considered them friends.</p> - -<p>A remarkable instance of this kind was apparent in the conduct of John -Wagner. While in custody at the cabin, on Yankee Flat, the sound of -footsteps and suppressed voices was heard, in the night. Fetherstun -jumped up, determined to defend himself and his prisoner to the last. -Having prepared his arms, he cast a look over his shoulder to see what -Dutch John was doing. The Road Agent stood with a double-barrelled gun -in his hand, evidently watching for a chance to do battle on behalf of -his captor. Fetherstun glanced approvingly at him, and said, “That’s -right, John, give them ——.” John smiled grimly and nodded, the muzzle -of his piece following the direction of the sound, and his dark eyes -glaring like those of a roused lion. Had he wished, he could have shot -Fetherstun in the back, without either difficulty or danger. Probably -the assailants heard the ticking of the locks of the pieces, in the -still night, and therefore determined not to risk such an attack, which -savages of all kinds especially dislike.</p> - -<p>The evening after the death of Pizanthia, the newly organized Committee -met, and, after some preliminary discussion, a vote was taken as to the -fate of Dutch John. The result<span class="pagenum" id="Page_134">[Pg 134]</span> was that his execution was unanimously -adjudged, as the only penalty meeting the merits of the case. He had -been a murderer and a highway robber, for years.</p> - -<p>One of the number present at the meeting was deputed to convey the -intelligence to Wagner; and, accordingly, he went down to his place of -confinement and read to him his sentence of death, informing him that -he would be hanged in an hour from that time. Wagner was much shocked -by the news. He raised himself to his feet and walked with agitated and -tremulous steps across the floor, once or twice. He begged hard for -life, praying them to cut off his arms and legs, and then to let him -go. He said, “You know I could do nothing then.” He was informed that -his request could not be complied with, and that he must prepare to die.</p> - -<p>Finding death to be inevitable, Wagner summoned his fortitude to his -aid and showed no more signs of weakness. It was a matter of regret -that he could not be saved for his courage, and (outside of his -villainous trade) his good behaviour won upon his captors and judges -to an extent that they were unwilling to admit, even to themselves. -Amiability and bravery could not be taken as excuses for murder and -robbery, and so Dutch John had to meet a felon’s death and the judgment -to come, with but short space for repentance.</p> - -<p>He said that he wished to send a letter to his mother, in New York, and -inquired whether there was not a Dutchman in the house, who could write -in his native language. A man being procured qualified as desired, he -communicated his wishes to him and his amanuensis wrote as directed. -Wagner’s fingers were rolled up in rags and he could not handle the -pen without inconvenience and pain. He had not recovered from the -frost-bites which had moved the pity of X. Beidler when he met John -before his capture, below Red Rock. The epistle being finished, it was -read aloud by the scribe; but it did not please Wagner. He pointed out -several inaccuracies in the method of carrying out his instructions, -both as regarded the manner and the matter of the communication; and at -last, unrolling the rags from his fingers, he sat down and wrote the -missive himself.</p> - -<p>He told his mother that he was condemned to die, and<span class="pagenum" id="Page_135">[Pg 135]</span> had but a -few minutes to live; that when coming over from the other side, to -deal in horses; he had been met by bad men, who had forced him to -adopt the line of life that had placed him in his present miserable -position; that the crime for which he was sentenced to die was -assisting in robbing a wagon, in which affair he had been wounded -and taken prisoner, and that his companion had been killed. (This -latter assertion he probably believed.) He admitted the justice of his -sentence.</p> - -<p>The letter, being concluded, was handed to the Vigilantes for -transmission to his mother. He then quietly replaced the bandages -on his wounded fingers. The style of the composition showed that he -was neither terrified nor even disturbed at the thought of the fast -approaching and disgraceful end of his guilty life. The statements were -positively untrue, in many particulars, and he seemed to write only as -a matter of routine duty; though we may hope that his affection for his -mother was, at least, genuine.</p> - -<p>He was marched from the place of his confinement to an unfinished -building, where the bodies of Stinson and Plummer were laid out—the -one on the floor and the other on a work bench. Ray’s corpse had been -handed over to his mistress, at her special request. The doomed man -gazed without shrinking on the remains of the malefactors, and asked -leave to pray. This was of course, granted, and he knelt down. His -lips moved rapidly; but he uttered no word audibly. On rising to his -feet, he continued, apparently to pray, looking round, however, upon -the assembled Vigilantes all the time. A rope being thrown over a -cross-beam, a barrel was placed ready for him to stand upon. While the -final preparations were making, the prisoner asked how long it would -take him to die, as he had never seen a man hanged. He was told that -it would be only a short time. The noose was adjusted; a rope was tied -round the head of the barrel and the party took hold. At the word, “All -ready,” the barrel was instantly jerked from beneath his feet, and he -swung in the death agony. His struggles were very powerful, for a short -time; so iron a frame could not quit its hold on life as easily as a -less muscular organization.<span class="pagenum" id="Page_136">[Pg 136]</span> After hanging till frozen stiff, the body -was cut down and buried decently.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XX">CHAPTER XX.<br /><span class="small">THE CAPTURE AND EXECUTION OF BOONE HELM, JACK GALLAGHER, FRANK PARISH, -HAZE LYONS AND CLUB-FOOT GEORGE (LANE.)</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“’Tis joy to see the engineer hoist</span><br /> -<span style="margin-left: 1em;">With his own petard.”—<span class="smcap">Shakspeare.</span></span><br /> -</p> - - -<p>The effect of the executions noticed in the foregoing chapters, was -both marked and beneficial. There was much to be done, however, to -insure anything like lasting peace to the community. Ives, Yager, -Brown, Plummer, Stinson, Ray, Pizanthia and Wagner were dead; but the -five villains whose names head this chapter, together with Bunton, -Zachary, Marshland, Shears, Cooper, Carter, Graves, Hunter and others -were still at large, and were supported by many others equally guilty, -though less daring and formidable as individuals.</p> - -<p>Threats of vengeance had been made, constantly, against the Vigilantes, -and a plot to rob several stores in Virginia had nearly matured, when -it was discovered and prevented. Every man who had taken part in the -pursuit of the criminals whose fate has been recorded, was marked for -slaughter by the desperadoes, and nothing remained but to carry out the -good work so auspiciously begun, by a vigorous and unhesitating severity, -which should know no relaxation until the last blood-stained miscreant -that could be captured had met a felon’s doom.</p> - -<p>On the evening of the 13th of January, 1864, the Executive Committee, -in solemn conclave assembled, determined on hanging six of them -forthwith. One of the doomed men—Bill Hunter—suspecting danger, -managed to crawl away, along a drain-ditch, through the line of pickets -that surrounded the town, and made his escape. He was badly<span class="pagenum" id="Page_137">[Pg 137]</span> frozen -by exposure to the cold, and before his capture, was discovered by J. -A. Slade, while lying concealed under a bed at a ranch, and told that -the Vigilantes were after him, which information caused him to move -his quarters to Gallatin valley, where he was caught and executed soon -after, as will appear in the course of this narrative.</p> - -<p>While the Committee were deliberating in secret, a small party of the -men who were at that moment receiving sentence of death, were gathered -in an upper room at a gambling house, and engaged in betting at faro. -Jack Gallagher suddenly remarked, “While we are here betting, those -Vigilante sons of —— are passing sentence on us.” This is considered -to be the most remarkable and most truthful saying of his whole life; -but he might be excused telling the truth once, as it was entirely -accidental.</p> - -<p>Express messengers were sent to warn the men of the neighboring towns, -in the gulch, and the summons was instantly obeyed.</p> - -<p>Morning came—the last on earth that the five desperadoes should ever -behold. The first rays of light showed the pickets of the Vigilantes -stationed on every eminence and point of vantage round the city. The -news flew like lightning through the town. Many a guilty heart quaked -with just fear, and many an assassin’s lip turned pale and quivered -with irrepressible terror. The detachments of Vigilantes, with -compressed lips and echoing footfall, marched in from Nevada, Junction, -Summit, Pine Grove, Highland and Fairweather, and halted in a body in -Main street. Parties were immediately detailed for the capture of the -Road Agents, and all succeeded in their mission, except the one which -went after Bill Hunter, who had escaped.</p> - -<p>Frank Parish was brought in first. He was arrested without trouble, -in a store, and seemed not to expect death. He took the executive -officer one side, and asked, “What am I arrested for?” He was told, -“For being a Road Agent and thief, and accessory to the murders and -robberies on the road.” At first he pleaded innocent; but at last he -confessed his complicity with the gang, and admitted being one of the -party that robbed the coach between Bannack and Virginia, and that he -was guilty of stealing horses and<span class="pagenum" id="Page_138">[Pg 138]</span> stock for them. He used to butcher -stolen cattle, and attend to the commissariat business. He gave some -directions about articles of clothing belonging to him, and the -settlement of some debts. Until his confession, it was not known that -he had any share in the robbery of the coach.</p> - -<p>Club-Foot George (George Lane) was arrested at Dance & Stuart’s. He -was living there, and working at odd times. He was perfectly cool and -collected, and inquired the reason of his arrest, as Parish had done -previously. On receiving the same answer, he appeared surprised, and -said, “If you hang me you will hang an innocent man.” He was told that -the proof was positive, and that if he had any preparation to make he -must do it at once, as his sentence was death. He appeared penitent -and sat down for some time, covering his face with his hands. He then -asked for a minister, and one being immediately sent for, he talked and -prayed with him till the procession to the gallows was formed. In his -pocket-book was found an extract from a western newspaper, stating that -George Lane, the notorious horse-thief, was Sheriff of Montana. Lane -was a man of iron nerve; he seemed to think no more of the hanging than -a man would of eating his breakfast.</p> - -<p>Boone Helm was brought in next. He had been arrested in front of the -Virginia Hotel. Two or three were detailed for his capture of whom he -would entertain no suspicion, and they played their part, apparently, -so carelessly and well, that he was seized without being able to make -any effort at resistance. A man at each arm, and one behind, with a -cocked revolver, brought him to the rendezvous. He lamented greatly -that he “had no show” when taken, as he said, “They would have had a -gay old time taking me, if I had known what they were after.” His right -hand was in a sling. He quietly sat down on a bench, and on being made -acquainted with his doom, he declared his entire innocence. He said, “I -am as innocent as the babe unborn; I never killed any one, or robbed -or defrauded any man; I am willing to swear it on the Bible.” Anxious -to see if he was really so abandoned a villain as to swear this, the -book was handed to him, and he, with the utmost solemnity, repeated an -oath to that effect, invoking most terrific penalties on his<span class="pagenum" id="Page_139">[Pg 139]</span> soul, in -case he was swearing falsely. He kissed the book most impressively. He -then addressed a gentleman, and asked him to go into a private room. -Thinking that Boone wanted him to pray with him, he proposed to send -for a clergyman; but Boone said, “You’ll do.” On reaching the inner -room, the prisoner said, “Is there no way of getting out of this?” -Being told that there was not, and that he must die, he said, “Well, -then, I’ll tell you, I did kill a man named Shoot, in Missouri, and I -got away to the West; and I killed another chap in California. When I -was in Oregon I got into jail, and dug my way out with tools that my -squaw gave me.” Being asked if he would not tell what he knew about the -gang, he said, “Ask Jack Gallagher; he knows more than I do.” Jack, -who was behind a partition, heard him, and burst out into a volley of -execrations, saying that it was just such cowardly sons of —— and -traitors that had brought him into that scrape.</p> - -<p>Helm was the most hardened, cool and deliberate scoundrel of the whole -band, and murder was a mere pastime to him. He killed <abbr title="mister">Mr.</abbr> Shoot, in -Missouri, (as will be afterwards narrated,) and testimony of the most -conclusive character, showed that his hands were steeped in blood, both -in Idaho and since his coming to the Territory. Finding that all his -asseverations and pleas availed him nothing, he said, “I have dared -death in all its forms, and I do not fear to die.” He called repeatedly -for whiskey, and had to be reprimanded several times for his unseemly -conduct.</p> - -<p>The capture of Lyons, though unattended with danger, was affected only -by great shrewdness. He had been boarding at the Arbor Restaurant, -near the “Shades.” The party went in. The owner said he was not there, -but that they might search if they liked. The search was made, and was -ineffectual. He had left in the morning. During the search for Lyons, -Jack Gallagher was found, in a gambling room, rolled up in bedding, -with his shot-gun and revolver beside him. He was secured too quickly -to use his weapons, if, indeed he had had the courage; but his heart -failed him, for he knew that his time was come. He was then taken to -the place of rendezvous.</p> - -<p>In the meantime the other party went after Haze Lyons,<span class="pagenum" id="Page_140">[Pg 140]</span> and found that -he had crossed the hill, beyond the point overhanging Virginia, and, -after making a circuit of three miles through the mountains, he had -come back to within a quarter of a mile of the point, from which he -started to a miner’s cabin, on the west side of the gulch, above town. -At the double-quick, the pursuers started, the moment they received -the information. The leader threw open the door, and bringing down his -revolver to a present, said, “Throw up your hands.” Lyons had a piece -of hot slapjack on his fork; but dropped it instantly, and obeyed the -order. He was told to step out. This he did at once. He was in his -shirt-sleeves, and asked for his coat which was given to him. He was -so nervous that he could hardly get his arms into it. A rigid search -for weapons was made; but he had just before taken off his belt and -revolver, laying them on the bed. He said that that was the first meal -he had sat down to with any appetite, for six weeks. Being told to -finish his dinner, he thanked the captain, but said he could eat no -more. He then inquired what was going to be done with him, and whether -they would hang him. The captain said, “I am not here to promise you -anything; prepare for the worst.” He said, “My friends advised me to -leave here, two or three days ago.” The captain asked why he did not -go. He replied that he had “done nothing, and did not want to go.” (He -was one of the murderers of Dillingham, in June, ’63, and was sentenced -to death, but spared, as before related.) The real reason for his stay, -was his attachment for a woman in town, whose gold watch he wore when -he died on the scaffold. He was asked if he had heard of the execution -of Plummer, Buck Stinson and Ned Ray. He replied that he had; but -that he did not believe it. He was informed that it was true in the -following words, “You may bet your sweet life on it.” He then inquired, -“Did they fight?” and was informed that they did not; for that they had -not any opportunity. By this time they had arrived at the rendezvous, -and Lyons found himself confronted by some familiar faces.</p> - -<p>Jack Gallagher came in swearing, and appeared to be inclined to pretend -that the affair was a joke, asking, “What the —— is it all about?” -and saying, “This is a pretty<span class="pagenum" id="Page_141">[Pg 141]</span> break ain’t it?” Being informed of his -sentence, he appeared much affected, and sat down, crying; after which -he jumped up, cursing in the most ferocious manner, and demanded who -had informed of him. He was told that it was “Red, who was hung at -Stinkingwater.” He cursed him with every oath he could think of. He -said to himself, “My God! must I die in this way?” His general conduct -and profanity were awful; and he was frequently rebuked by the chief of -the executive.</p> - -<p>Haze Lyons was last fetched in, and acquainted with his sentence. -He, of course, pleaded innocent, in the strongest terms; but he had -confessed to having murdered Dillingham, to a captain of one of the -squads of the guard, in the presence of several witnesses; and he was -a known Road Agent. He gave some directions for letters to be written, -and begged to see his mistress; but warned by the experiment of the -previous year, his request was denied.</p> - -<p>The chief dispatched an officer, with fifteen men, who went at the -double-quick to Highland District, where two suspicious looking -characters had gone, with blankets on their backs, the evening before, -and making the “surround” of the cabin, the usual greeting of “throw up -your hands,” enforced by a presented revolver, was instantly obeyed, -and they were marched down after being disarmed. The evidence not being -conclusive, they were released though their guilt was morally certain. -The Vigilantes rigidly abstained, in all cases, from inflicting the -penalty due to crime, without entirely satisfactory evidence of guilt.</p> - -<p>After all was arranged for hanging them, the prisoners were ordered -to stand in a row, facing the guard, and were informed that they were -about to be marched to the place of execution. Being asked if they had -any requests to prefer, as that would be their last opportunity, they -said they had none to make. They were then asked if they had anything -to communicate, either of their own deeds or their comrade Road Agents; -but they all refused to make any confession. The guard were ordered to -pinion their prisoners. Jack Gallagher swore he would never be hung in -public; and drawing his knife he clapped the blade to his neck, saying -that he would cut his throat first. The executive<span class="pagenum" id="Page_142">[Pg 142]</span> officer instantly -cocked his pistol, and told him that if he made another movement, he -would shoot him, and ordered the guard to disarm him. One of them -seized his wrist and took the knife, after which he was pinioned, -cursing horribly all the time. Boon Helm was encouraging Jack, telling -him not to “make a —— fool of himself,” as there was no use in being -afraid to die.</p> - -<p>The chief called upon men that could be depended upon, to take charge -of the prisoners to the place of execution. The plan adopted was to -march the criminals, previously pinioned, each between two Vigilantes, -who grasped an arm of the prisoner with one hand, and held in the other -a “Navy”—ready for instant use. When Haze Lyons heard the order above -mentioned, he called out, “X, I want you to come and stay with me till -I die,” which reasonable request was at once complied with.</p> - -<p>The criminals were marched into the center of a hollow square, which -was flanked by four ranks of Vigilantes, and a column in front and -rear, armed with shot guns and rifles carried at a half present, ready -to fire at a moments warning, completed the array. The pistol men were -dispersed through the crowd to attend to the general deportment of -outsiders, or, as a good man observed, to take the roughs “out of the -wet.”</p> - -<p>At the word “march!” the party started forward, and halted, with -military precision, in front of the Virginia Hotel. The halt was made -while the ropes were preparing at the unfinished building, now Clayton -& Hale’s Drug Store, at the corner of Wallace and Van Buren streets. -The logs were up to the square, but there was no roof. The main beam -for the support of the roof, which runs across the center of the -building, was used as a gallows, the rope being thrown over it, and -then taken to the rear and fastened round some of the bottom logs. Five -boxes were placed immediately under the beam, as substitutes for drops.</p> - -<p>The prisoners were, during this time, in front of the Virginia Hotel. -Club-Foot George called a citizen to him, and asked him to speak as to -his character; but this, the gentleman declined saying, “Your dealings -with me have been right; but what you have done outside of that I -do not<span class="pagenum" id="Page_143">[Pg 143]</span> know.” Club-Foot then asked him to pray with him, which he -did, kneeling down and offering up a fervent petition to the throne -of grace on his behalf. George and Jack Gallagher knelt. Haze Lyons -requested that his hat should be taken off, which was done. Boone Helm -was cracking jokes all the time. Frank Parish seemed greatly affected -at the near prospect of death. Boone Helm, after the prayer was over, -called to Jack Gallagher, “Jack, give me that coat; you never gave me -anything.” “D—d sight of use you’d have for it,” replied Jack. The -two worthies kept addressing short and pithy remarks to their friends -around, such as “Hallo, Jack, they’ve got me this time;” “Bill, old -boy, they’ve got me, sure,” etc.</p> - -<p>Jack called to a man, standing at the windows of the Virginia Hotel, -“Say! I’m going to Heaven! I’ll be there in time to open the gate for -you, old fellow.” Jack wore a very handsome United States cavalry -officer’s overcoat, trimmed with Montana beaver.</p> - -<p>Haze begged of his captor that his mistress might see him, but his -prayer was refused. He repeated his request a second time, with the -like result. A friend offered to fetch the woman; but was ordered off; -and on Haze begging for the third time, to see her, he received this -answer: “Haze! emphatically! by G—d, bringing women to the place of -execution played out in ’63.” This settled the matter. The Vigilantes -had not forgotten the scene after the trial of Dillingham’s murderers.</p> - -<p>The guard marched at the word to the place of execution; opened ranks, -and the prisoners stepped up on the boxes. Club-Foot George was at -the east side of the house; next to him was Haze Lyons; then Jack -Gallagher and Boone Helm. The box next to the west end of the house was -occupied by Frank Parish. The hats of the prisoners were ordered to be -removed. Club-Foot, who was somewhat slightly pinioned, reached up to -his California hat, and dashed it angrily on the ground. The rest were -taken off by the guards.</p> - -<p>The nooses were adjusted by five men, and—all being ready—Jack -Gallagher, as a last request, asked that he might have something to -drink, which, after some demur, was acceded to. Club-Foot George looked -round, and, seeing<span class="pagenum" id="Page_144">[Pg 144]</span> an old friend clinging to the logs of the building, -said, “Good-bye, old fellow—I’m gone;” and, hearing the order, “Men, -do your duty”—without waiting for his box to be knocked away—he -jumped off, and died in a short time.</p> - -<p>Haze stood next; but was left to the last. He was talking all the time, -telling the people that he had a kind mother, and that he had been well -brought up; that he did not expect that it would have come to that; but -that bad company had brought him to it.</p> - -<p>Jack Gallagher, while standing on the box, cried all the time, using -the most profane and dreadful language. He said, “I hope that forked -lightning will strike every strangling —— of you.” The box flying -from under his feet, brought his ribaldry and profanity to a close, -which nothing but breaking his neck would ever have done.</p> - -<p>Boone Helm, looking coolly at his quivering form, said, “Kick away, -old fellow; I’ll be in Hell with you in a minute.” He probably told -the truth, for once in his life. He then shouted, “Every man for his -principles—hurrah for Jeff Davis! Let her rip!” The sound of his words -was echoed by the twang of the rope.</p> - -<p>Frank Parish requested to have a handkerchief tied over his face. His -own black neck-tie, fastened in the Road Agents knot, was taken from -his throat and dropped over his face like a veil. He seemed serious -and quiet, but refused to confess anything more; and was launched into -eternity. A bystander asked the guard who adjusted the rope, “Did you -not feel for the poor man as you put the rope round his neck?” The -Vigilanter, whose friend had been slaughtered by the Road Agents, -regarded his interrogator with a stern look, and answered slowly, “Yes! -I felt for his left ear!”</p> - -<p>Haze Lyons seemed to expect a second deliverance from death, up to -the last moment; looking right and left at the swaying bodies of the -desperadoes, his countenance evidently indicating a hope of reprieve. -Finding entreaty useless, he sent word to his mistress that she should -get her gold watch, which he wore, and requested that his dying regards -might be conveyed to her. He expressed a hope that she would see that -his body was taken down, and that it was not left to hang too long. -Also he charged her to see him<span class="pagenum" id="Page_145">[Pg 145]</span> decently buried. He died, apparently -without pain. The bodies, after hanging for about two hours, were cut -down, and carried to the street, in front of the house, where their -friends found them, and took them away for burial. They sleep on -Cemetery Hill, awaiting, not the justice of man, but the judgment of -the last Day.</p> - -<p>The man who dug the graves intended for Stinson and Lyons—after their -sentence of death, for the murder of Dillingham—received no pay, -and the two murderers actually committed an offense revolting to all -notions of decency, in those very graves, in derision of their judges, -and in contempt for their power. The sexton “pro tem” was in the crowd -in front of the gallows where Lyons paid the penalty of his crimes, -and said to him, “I dug your grave once for nothing; this time I’ll be -paid, you bet.” He received his money.</p> - -<p>As Jack Gallagher has not been specially referred to, the following -short account of a transaction in which he was engaged, in Virginia -City, is here presented:</p> - -<p>Near the end of 1863, Jack Gallagher, who had hitherto occupied the -position in Montana, of a promising desperado—raised himself to the -rank of a “big medicine man,” among the Road Agents, by shooting a -blacksmith, named Jack Temple, as fine a man as could be found among -the trade. He did not kill him; but his good intentions were credited -to him, and he was thenceforth respected as a proved brave. Temple had -been shoeing oxen, and came up to Coleman & Lœb’s saloon, to indulge in -a “Thomas and Jeremiah,” with some friends. Jack Gallagher was there. -A couple of dogs began to fight, and Temple gave one of them a kick, -saying to the dog, “Here, I don’t want you to fight here.” Jack said -there was not a —— there that should kick that dog, and he was able -to whip any man in the room. Temple, who, though not quarrelsome, was -as brave as a lion, went up to him and said, “I’m not going to fight in -here; but if you want a fight so bad, come into the street, and I’ll -give you a ‘lay out;’ I’ll fight you a square fight.” He immediately -went to the door. Jack Gallagher, seeing him so nicely planted for a -shot, in a narrow door-way, whipped out his pistol, and fired twice at -him. The first ball broke<span class="pagenum" id="Page_146">[Pg 146]</span> his wrist. “You must do better than that,” -said Temple, “I can whip you yet.” The words were hardly out of his -mouth when the second ball pierced his neck, and he fell. Gallagher -would have finished him where he lay, but his friends interfered. -The unfortunate man said: “Boys carry me somewhere; I don’t want to -die, like a dog, in the street.” He remained, slowly recovering, but -suffering considerably, for several weeks, and at the execution of -Gallagher, he was walking round town, with his arm in a sling, greatly -grieved at the sudden end of his antagonist. “I wish,” said he, “you -had let him run till I got well; I would have settled that job myself.”</p> - -<p>Bill Hunter and Gallagher robbed a Mormon of a large amount of -greenbacks, which he had been foolish enough to display, in a saloon, -in Virginia. They followed him down the road, on his way to Salt Lake -City, and, it is presumed they murdered him. The money was recognized -by several while the thieves were spending it in town. The Mormon was -never heard of more. All the robbers whose death has been recorded wore -the “Cordon knot” of the band, and nearly all, if not every one of -them, shaved to the Road Agent pattern.</p> - -<p>These executions were a fatal blow to the power of the band, and, -henceforth, the <span class="allsmcap">RIGHT</span> was the stronger side. The men of -Nevada deserve the thanks of the people of the Territory for their -activity, brave conduct and indomitable resolution. Without their aid, -the Virginians could never have faced the roughs, or conquered them in -their headquarters—their own town. The men of Summit, especially, and -“up the Gulch,” generally, were always on hand, looking business, and -doing it. Night fell on Virginia; but sleep forsook many an eye; while -criminals of all kinds fled for their lives, from the fatal City of the -Vigilantes.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_147">[Pg 147]</span></p> - -<h2 class="nobreak" id="CHAPTER_XXI">CHAPTER XXI.<br /><span class="small">THE DEER LODGE AND HELL GATE SCOUT—CAPTURE AND EXECUTION OF STEPHEN -MARSHLAND, BILL BUNTON, CYRUS SKINNER, ALECK CARTER, JOHNNY COOPER, -GEORGE SHEARS, ROBERT ZACHARY AND WILLIAM GRAVES, (WHISKEY BILL.)</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“He dies and makes no sign;</span><br /> -<span style="margin-left: 1em;">So bad a death argues a monstrous life.”—<span class="smcap">Shak.</span></span><br /> -</p> - - -<p>The operations of the Vigilantes were, at this time, especially, -planned with a judgment, and executed with a vigor that never has -been surpassed by any body, deliberative or executive. On the 15th -of January, 1864, a party of twenty-one men left Nevada, under the -command of a citizen whose name and actions remind us of lightning. He -was prompt, brave, irresistible, (so wisely did he lay his plans,) and -struck where least expected.</p> - -<p>The squadron rode to Big Hole, the first day, and, while on the road, -detached a patrole to Clarke’s Ranch, in pursuit of Steve Marshland, -who was wounded in the breast, when attacking Forbes’ train. His feet -had been badly frozen, and flight was impossible. Leaving the horses -behind, one of the party (No. 84) went in to arrest him, after knocking -four times without answer, and discovered him in company with a dog, -the two being the sole tenants of the Ranch.</p> - -<p>When the Vigilanter entered, he found all quite dark; but taking a -wisp of dried grass, he groped his way to the fire-place, and kindled -a light with a match. The blaze revealed Steve Marshland in bed. -“Hands up, if you please,” was the salute of his captor; and a pointed -suggestion from one of Col. Colt’s pacification agents, caused an -instant compliance with this demand. Seeing that he was sick, he was -asked what was the matter, and replied that he had the chills. This -novel “winter sickness” not being accepted as a sufficient excuse, a -further interrogatory elicited the fact<span class="pagenum" id="Page_148">[Pg 148]</span> that he had frozen his feet. -“No. 84” removed two double-barrelled shot-guns, a yager and another -rifle, from beside the bed, and asked him where he froze them. He said -he was prospecting at the head of Rattlesnake. “Did you raise the -‘color?’” said his interrogator. “No,” replied Marshland, “I could not -get to the bed-rock, for water.” The party commenced cooking supper, -and invited him to eat with them. He took a cup of coffee, and was -quite merry. After supper, he was informed by the leader of the nature -of the charge against him; viz: the robbery of Forbes’ train. He denied -having any wound, and slapped his breast, saying that it was “as sound -as a dollar.” Being asked if he had any objection to being examined, he -said he had not; but the moment his shirt was lifted, the fatal mark of -guilt was visible, in the shape of a recent bullet wound.</p> - -<p>The prisoner was told that the evidence was complete, and that he must -die. He then confessed, begging them to spare his life. He had matches -and tobacco in every pocket of his clothes. A pole was stuck into the -ground, and leaned over the corral; a box was placed for him to stand -on, and, all being ready, he once more begged them to save him, saying -“have mercy on me for my youth.” He died almost instantly.</p> - -<p>His feet being frozen and partially mortified, the scent attracted the -wolves, and the party had to watch both him and the horses. He was -buried close by. The patrole then started to overtake the main body, -and coming up with them about four miles above Evans’ Ranch, they -reported the execution of Marshland. They had been absent only one -night, leaving the command in the morning, and rejoining them the next -day.</p> - -<p>Up to this time, the scouting party had met no one, but marched in -double-file, at the rate of from sixty to seventy miles per day. They -kept double watch over the horses when camped, and lit no fires, being -fearful of attracting notice, and of thus defeating the object of their -journey. The men were divided into four messes, with a cook to each, -and every party carried its own “grub,” (the universal mountain word -for “food.”) Each man had a revolver, and some sported two. A shot-gun -or a rifle was also part of the equipment. The captain rode foremost. A -spy was<span class="pagenum" id="Page_149">[Pg 149]</span> dispatched to reconnoitre the town, and to meet the party at -Cottonwood Creek. He performed his part satisfactorily.</p> - -<p>When within about seventeen miles of Cottonwood, at Smith’s Ranch, on -Deer Lodge Creek, a halt was made about four <span class="allsmcap">P. M.</span> After dark, they -started, and with perfect quiet and caution, rode to within a short -distance of the town. They found that the robbers were gone; but, -surrounding Bill Bunton’s saloon and dwelling house, they proceeded -to business. Bill was in his house, but he refused to open the door. -The three men detailed for his arrest said they wanted to see him. -For a long time he refused. At last, he told a man named Yank, and a -young boy, who was stopping with him, to open the door. The men made -him light a candle, before they would enter. This being done, Bunton’s -captors rushed in, and told him that he was their prisoner. He asked -them for what, and was told to come along, and that he would find out.</p> - -<p>A Vigilanter of small stature, but of great courage fastened upon him. -He found, however, that he had caught a Tartar, so another man “piled -on,” (Montanice,) and soon, his arms were fast tied behind him. A guard -was detailed to escort him down to Pete Martin’s house, the rest being -sent for to assist in taking Tex out of the saloon.</p> - -<p>A similar scene occurred here, when the robber came out. He was -instantly seized, pinioned, and taken down to keep company with his -friend, Bill Bunton.</p> - -<p>Pete Martin was frightened out of a years’ growth, when the Vigilanters -surrounded his house. He was playing cards with some friends, and for -a long time refused to come out; but finding that, as he said, “he -wasn’t charged with nothing,” he ascertained what was wanted, and -then returned to finish his game. As the exigencies of the times had -rendered a little hanging necessary in that neighborhood, he felt small -concern about the fate of Bunton and Tex, who were of a dangerous -religion.</p> - -<p>The party slept and breakfasted at the house. In the morning, a -stranger who was conversing with Bunton, to whom he was unknown, -informed the Vigilantes that the culprit had said that “he would ‘get’ -one of the —— yet.” On being searched, a Derringer was found in his -vest<span class="pagenum" id="Page_150">[Pg 150]</span> pocket. As he had been carefully overhauled the night before, it -was evident that some sympathizer had furnished him with the weapon. -He refused to confess anything, even his complicity in the robbery of -the coach, where he played “pigeon.” Red had testified that he shared -the money. He also denied killing Jack Thomas’ cattle; but Red had -confessed that he himself was the butcher, and that he had been hired -by Bunton, who called him a coward, when he spoke about the skins lying -round the house, as being likely to be identified.</p> - -<p>There being no possible doubt of his criminality, the vote on his case -was taken with the uplifted hand, and resulted in a unanimous verdict -of guilty.</p> - -<p>The captain then told him that he was to be hanged, and that if he had -any business to attend to, he had better get some one to do it. He gave -his gold watch to his partner, Cooke, and his other property to pay his -debts. He had won his interest in the saloon some fourteen days before, -by gambling it from its owner.</p> - -<p>Tex was taken to another house, and was separately tried. After a -patient investigation, the robber was cleared—the evidence not being -sufficient to convict him. Had the Vigilantes held him in custody, -for a time, Tex would have experienced a difficulty in his breathing, -that would have proved quickly fatal; for testimony in abundance was -afterward obtained, proving conclusively that he was a highwayman and -common thief. He made all sail for Kootenai, and there boasted that he -would shoot any Vigilanter he could set eyes on.</p> - -<p>About two hundred and fifty feet to the left-front of Pete Martin’s -house, at the gate of Louis Demorest’s corral, there were two upright -posts, and a cross-beam, which looked quite natural, and appeared as if -they had been made for Bunton.</p> - -<p>The prisoner was taken out, and put up on a board supported by two -boxes. He was very particular about the exact situation of the knot, -and asked if he could not jump off, himself. Being told that he could, -if he wished, he said that he didn’t care for hanging, any more than -he did for taking a drink of water; but he should like to have his -neck broken.<span class="pagenum" id="Page_151">[Pg 151]</span> He seemed quite satisfied when his request was granted. -He continued to deny his guilt to the very last moment of his life, -repeating the pass-word of the gang “I am innocent.” Two men were -stationed at the board—one at each end—and, all being ready, he was -asked if he had anything to say, or any request to make. He said, “No; -all I want is a mountain three hundred feet high, to jump off.” He said -he would give the time—“one,” “two,” “three.” At the word “ready,” -the men stationed at the plank prepared to pull it from under him, -if he should fail to jump; but he gave the signal, as he promised, -and adding, “here goes it,” he leaped into the embrace of death. The -cessation of muscular contraction was almost instantaneous, and his -death was accompanied by scarcely a perceptible struggle.</p> - -<p>The corral keepers’ wife insisted, in terms more energetic than polite, -that her husband should get the poles cut down. With this request he -was forced to comply, as soon as the corpse of the Road Agent was -removed for burial.</p> - -<p>The parties knew that the robbers were to be found at Hell Gate, which -was so named, because it was the road which the Indians took when -on the war-path, and intent on scalping and other pleasant little -amusements, in the line of ravishing, plundering, fire-raising, etc., -for the exhibition of which genteel proclivities, the Eastern folks -recommend a national donation of blankets and supplies, to keep the -thing up. As independent and well educated robbers, however sedulously -reared to the business, from childhood, it must be admitted that, in -case anything is lacking, they at once proceed to supply the deficiency -from the pilgrims’ trains, and from settlers’ homesteads. If the -Indians were left to the Vigilantes of Montana, they would contract to -change their habits, at small cost; but an agency is too fat a thing -for pet employees, and, consequently a treaty is entered into, the only -substantial adjunct of which is the quantity of presents which the -Indians believe they have frightened out of the white men. Probably, in -a century or so, they will see that our view is correct.</p> - -<p>On their road from Cottonwood to Hell Gate, the troop was accompanied -by Jemmy Allen, towards whose Ranch they were directing their steps. -The weather was anything<span class="pagenum" id="Page_152">[Pg 152]</span> but pleasant for travelling, the quantity of -snow making it laborious work for the Vigilantes, and the cold was very -hard to endure, without shelter. At the crossing of Deer Lodge Creek, -the ice gave way, and broke through with the party. It was pitch dark -at the time, and much difficulty was experienced in getting out both -men and horses. One cavalier was nearly drowned; but a lariet being put -round the horses’ neck, it was safely dragged out. The rider scrambled -to the bank, somehow or other—memory furnishes the result only, not -the detail—and jumping on to the “animal,” he rode, on a keen run, to -the Ranch, which was some four or five miles ahead.</p> - -<p>The remainder of the cavalcade travelled on more leisurely, arriving -there about 11 <span class="allsmcap">P. M.</span>, and having recruited a little, they wrapped -themselves in blankets and slumber without delay.</p> - -<p>Next morning, in company with Charley Eaton, who was acquainted with -the country and with the folks around Hell Gate, they started for that -locality, and after riding fifteen or sixteen miles through snow, -varying in depth from two to three feet, they camped for the night. The -horses being used to foraging, pawed for their food.</p> - -<p>The next morning the party crossed the bridge, and rode to the -workmen’s quarters, on the Mullan Wagon Road, where, calling a halt, -they stopped all night. Accidents will happen in the best regulated -families, and in a winter scout in the wilds of Montana, casualties -must be expected as a matter of course. The best mountaineer is the man -who most quickly and effectually repairs damages, or finds a substitute -for the missing article. While driving the ponies into camp, one of -them put his foot into a hole and broke his leg. As there was no chance -to attend to him, he was at once shot. Another cayuse, by a similar -accident, stripped all the skin off his hind legs, from the hough down. -He was turned loose to await the return of the expedition.</p> - -<p>At daylight, the troop were in their saddles, and pushing as rapidly as -possible for the village. On arriving within six miles of the place, -the command halted on the bank of a small creek, till after dark, to -avoid being seen on the road. As soon as night threw her mantle over -the scene, they continued<span class="pagenum" id="Page_153">[Pg 153]</span> their journey, till within two hundred yards -of Hell Gate, and there, dismounting, they tied their horses.</p> - -<p>Their scout had gone ahead to reconnoitre, and, returning to the -rendezvous, he informed the captain of the exact position of affairs. -Coming through the town on a tight run, they mistook the houses; but, -discovering their error, they soon returned, and surrounding Skinner’s -saloon, the owner, who was standing at the door, was ordered to throw -up his hands. His woman (Nelly) did not appear to be pleased at the -command, and observed that they must have learned that from the Bannack -stage folks.</p> - -<p>Skinner was taken and bound immediately. Some of the men went for Aleck -Carter, who was in Miller’s, the next house. Dan. Harding opened the -door, and seeing Carter, said, “Aleck, is that you?” to which the Road -Agent promptly replied “yes.” The men leveled their pieces at him, and -the leader, going over to the lounge on which he was lying, rather -drunk, took his pistol from him and bound him, before he was thoroughly -aroused. When he came to himself, he said, “this is tight papers, ain’t -it, boys?” He then asked for a smoke, which being given to him, he -inquired for the news. On hearing of the hanging of the blood-stained -miscreants whose doom has been recorded in these pages, he said, “all -right; not an innocent man hung yet.”</p> - -<p>He was marched down, under guard, to Higgins’ store, where he and -Skinner were tried, the examination lasting about three hours. -Skinner’s woman came down, bent on interference in his behalf. The lady -was sent home with a guard, who found Johnny Cooper lying wounded in -the house. He had been shot in three places, by Carter, whom he had -accused of stealing his pistol. He was, of course, instantly secured.</p> - -<p>Some of the guard happening to remark that Johnny seemed to be -suffering “pretty bad,” the lady expressed a conviction, with much -force and directness, that “by ——, there were two outside suffering a -—— sight worse;” (meaning Skinner and Aleck Carter.)</p> - -<p>Cooper was one of the lieutenants of the gang. He was a splendid -horseman, and a man named President, who was<span class="pagenum" id="Page_154">[Pg 154]</span> present at his -apprehension, knew him well on the “other side.” He had murdered a man, -and being arrested, was on his way to the court, when he suddenly broke -from his captors, leaped with a bound on to a horse standing ready, and -was off like a bird. Though at least one hundred shots were sent after -him, he escaped uninjured, and got clear away.</p> - -<p>While Aleck Carter was on trial, he confessed that the two mules of -which Nicholas Tbalt was in charge, when shot by Ives, were at Irwin’s -Ranch, at Big Hole, and that he, Irwin and Ives had brought them -there. It will be remembered that, besides robbing the coach, Aleck -was accessory both before and after the fact of Tbalt’s murder. This -was proved. That he was a principal in its perpetration is more than -likely. He denied all participation in the murder, but confessed, -generally speaking, much in the same style as others had done.</p> - -<p>Skinner also refused to confess any of his crimes. “Dead men tell no -tales” was his verdict, when planning the murder of Magruder, and -he it was, who ingratiated himself into the favor of Page, Romaine -and others, and prompted them to the deed, so that Magruder thought -his murderers were his friends, and went on his last journey without -suspicion. He said he could have saved him, if he had liked; but he -added that he “would have seen him in —— first.” He wouldn’t leave -himself open to the vengeance of the band. He was a hardened, merciless -and brutal fiend.</p> - -<p>The same night a detachment of eight men went in pursuit of Bob -Zachary, and coming up to Barney O’Keefe’s, that gentleman appeared -in the uniform of a Georgia major, minus the spurs and shirt collar, -and plus a flannel blouse. He mistook the party for Road Agents, and -appeared to think his time had come. He ejaculated, with visible -horror, “Don’t shoot, gentlemen; I’m Barney O’Keefe.” It is useless to -say that no harm was done to the “Baron,” as he is called. There are -worse men living in all countries than Barney, who is a good soul in -his own way, and hospitable in his nature. Finding that Bob Zachary -was inside, one of the party entered, and, as he sat up in bed, threw -himself upon him, and pushed him backwards. He had a pistol and a -knife. He was taken to Hell Gate shortly after his capture.<span class="pagenum" id="Page_155">[Pg 155]</span> The fate -of his friends was made known to him, and vouched for by a repetition -of the signs, grips, pass-words, etc. On seeing this, he turned pale; -but he never made any confession of guilt. He was the one of the stage -robbers who actually took the money from Southmayde. Like all the rest, -he repeated the pass-word of the gang, “I am innocent.”</p> - -<p>On the road back the guard had wormed out of Barney that a stranger was -stopping at Van Dorn’s, in the Bitter Root valley. “No. 84,” who was -leading the party who captured Shears, asked, “Does Van live here?” -“Yes,” said the man himself. “Is George Shears in your house?” asked -84. “Yes,” said Van. “Where is he?” “In the next room.” “Any objection -to our going in?” The man replied by opening the door of the room, -on which George became visible, knife in hand. He gave himself up -quietly, and seemed so utterly indifferent to death, that he perfectly -astonished his captors. Taking a walk with 84, he pointed out to him -the stolen horses in the corral, and confessed his guilt, as a man -would speak of the weather. He said, “I knew I should have to go up, -some time; but I thought I could run another season.” When informed -of his doom, he appeared perfectly satisfied. On being taken into the -barn, where a rope was thrown over a beam, he was asked to walk up a -ladder, to save trouble about procuring a drop. He at once complied, -addressing his captors in the following unique phraseology: “Gentlemen, -I am not used to this business, never having been hung before. Shall -I jump off or slide off?” Being told to jump off, he said “all right; -good-bye,” and leaped into the air, with as much sang froid as if -bathing.</p> - -<p>The drop was long and the rope tender. It slowly untwisted, and Shears -hung, finally, by a single strand. George’s parting question was, for a -long time, a by-word among the Vigilantes.</p> - -<p>A company of three, headed by the “old man,” started off to Fort -Owen, in the Bitter Root Valley, in pursuit of Whiskey Bill, (Bill -Graves, the coach robber.) This worthy was armed and on the look out -for his captors; but, it seems, he had become partially snow-blind by -long gazing. At all<span class="pagenum" id="Page_156">[Pg 156]</span> events, he did not see the party with sufficient -distinctness to ascertain who they were, until the “old man” jumped -from his horses and covered him with his revolver. He gave up, though -he had repeatedly sworn that he would shoot any —— Vigilanter who -would come his way. His guilt was notorious throughout all the country, -and his capture was merely a preliminary to his execution. The men -took him away from the Fort, in deference to the prejudices of the -Indians, who would have felt no desire to live near where a man had -been hanged. Graves made no confession. He was what is called in the -mountains a “bull-head,” and was a sulky, dangerous savage. Being tied -up to a limb, the difficulty was to make a “drop;” but the ingenuity -of the leader was equal to the emergency. One of the men mounted -his horse; Graves was lifted up behind him, and, all being ready, -“Good-bye, Bill,” said the front horseman, driving his huge rowels into -the horse’s flanks, as he spoke. The animal made a plunging bound of -twelve feet, and Bill Graves swept from his seat by the fatal noose and -lariet, swung lifeless. His neck was broken by the shock.</p> - -<p>The different parties rendezvoused at Hell Gate, and a company of -eight men were dispatched to the Pen de’Oreille reserve, to get Johnny -Cooper’s horses, six or seven in number. They were poor in condition -and were nearly all sold to pay the debts which the Road Agent had -incurred in the country round about the village. The remainder were -brought to Nevada. It seems that Aleck Carter and Cooper were about to -start for Kootenai, on the previous day, and that their journey was -prevented only by their quarrel about the pistol, which Cooper charged -Aleck with stealing, and which resulted in the wounding of Cooper, -the delay of their journey, and, in fact, in their execution. A pack -animal, laden with their baggage and provisions, carried $130 worth -of goods. These were taken for the use of the expedition; but on a -representation made by Higgins that he had supplied them to Carter to -get rid of him, but that he had received nothing for them, they were -paid for, on the spot by the Vigilantes.</p> - -<p>There had been a reign of terror in Hell Gate. The robbers did as they -pleased, took what they chose. A Colt’s<span class="pagenum" id="Page_157">[Pg 157]</span> revolver was the instrument -ever ready to enforce the transfer. Brown, a Frenchman, living in the -neighborhood, stated to the Vigilantes, that he was glad to see them, -for that the robbers used to ride his stock whenever they pleased, and -that they always retained possession of such steeds as they especially -fancied.</p> - -<p>Cooper had determined to marry his daughter, a pretty half-breed girl, -and then, after getting all that he could lay hands on, he intended to -turn the old man adrift. He used to go to his intended father-in-law, -and inform him that he wanted another of those pretty pocket pieces, -($20 gold pieces,) and he always obtained what he asked; for death -would have been the instant penalty of refusal. Other parties had -supplied Cooper and Carter with money, pistols and whatever else they -asked, for the same potent and unanswerable reasons. Any demand for -payment was met by a threat to shoot the creditor.</p> - -<p>At the conclusion of the trials of Carter and Skinner, a vote was -taken by stepping to the opposite sides of the room; but the verdict -of guilty, and a judgment of death to the culprits, were unanimously -rendered.</p> - -<p>Cooper was tried separately, and interrogated by <abbr title="mister">Mr.</abbr> President -concerning his conduct on the “other side.” He denied the whole -thing; but this gentleman’s testimony, the confession of Red, and the -witness of the inhabitants rendered a conviction and sentence of death -inevitable.</p> - -<p>Carter and Skinner were taken to Higgins’ corral and executed by -torchlight, shortly after midnight. Two poles were planted, leaning -over the corral fence; to these the ropes were tied, and store-boxes -served for “drops.”</p> - -<p>On the road to the gallows, Cyrus Skinner broke suddenly from the -guard, and ran off, shouting, “shoot! shoot!” His captors were too old -hands to be thus baffled. They instantly secured him. He again tried -the trick, when on the box; but he was quickly put up and held there -till the rope was adjusted. This being finished, he was informed that -he could jump whenever he pleased. Aleck seemed ashamed of Skinner’s -attempt to escape, which the latter explained by saying that he “was -not born to be hanged”—a trifling error.</p> - -<p><span class="pagenum" id="Page_158">[Pg 158]</span></p> - -<p>While on the stand, one of the men asked Carter to confess his share -in the murder of the Dutchman; but he burst forth with a volley of -oaths, saying, “If I had my hands free, you ——, I’d make you take -that back.” As Skinner was talking by his side, Aleck was ordered to -keep quiet. “Well then, let’s have a smoke,” said he. His request being -granted, he became more pacific in demeanor. The criminals faces being -covered with handkerchiefs, they were launched into eternity, with -the pass-word of the gang on their lips, “I am innocent.” Both died -easily and at once. The people had, of their own accord, made all the -preparations for their burial.</p> - -<p>Immediately after the execution, the parties were detailed and -dispatched after Zachary, Graves and Shears. The death of the last two -has been recorded.</p> - -<p>The squad that arrested Zachary returned between seven and eight -o’clock, that morning. He was at once tried, found guilty, and -sentenced to death. By his direction, a letter was written to his -mother, in which he warned his brothers and sisters to avoid drinking -whiskey, card playing and bad company, which, he said, had brought him -to the gallows. Zachary once laid in wait for Pete Daly, and snapped -two caps at him; but, fortunately, the weapon would not go off.</p> - -<p>Being brought to the same spot as that on which Skinner and Carter were -hanged, he commenced praying to God to forgive the Vigilantes for what -they were doing, for it was a pretty good way to clear the country of -Road Agents. He died at once, without any apparent fear or pain.</p> - -<p>Johnny Cooper was hauled down on a sleigh, by hand, owing to his leg -being wounded, and was placed on the same box that Skinner had stood -upon. He asked for his pipe, saying he wanted a good smoke, and he -enjoyed it very much. A letter had been written to his parents, in York -State. Cooper dodged the noose for a time, but being told to keep his -head straight, he submitted. He died without a struggle.</p> - -<p>During the trial of the men, the people had made Cooper’s coffin, -and dug his grave, Zachary was buried by the Vigilantes. The other -malefactor, the citizens knew better, and hated worse.</p> - -<p><span class="pagenum" id="Page_159">[Pg 159]</span></p> - -<p>Skinner left all his property to Higgins, the store-keeper, from whom -he had received all his stock, on credit. Aleck had nothing but his -horse, his accoutrements and his appointments.</p> - -<p>Their dread mission of retribution being accomplished, the captain -ordered everything to be made ready for their long homeward march, and -in due time they arrived at Cottonwood, where they found that X had -settled everything relating to Bunton’s affairs. At Big Hole, they made -search for Irwin; but he had fled, and has never been taken. Tired and -worn, the command reached Nevada, and received the congratulations -and thanks of all good men. Like Joshua’s army, though they had been -rewarded with success, yet often in that journey over their cold and -trackless waste, the setting sun had seen them</p> - -<p class="poetry"> -<span style="margin-left: 1em;">“Faint, yet pursuing.”</span><br /> -</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXII">CHAPTER XXII.<br /><span class="small">CAPTURE AND EXECUTION OF BILL HUNTER.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">“Round he throws his baleful eyes,</span><br /> -<span style="margin-left: 1em;">That witness naught but huge destruction and dismay.”—<span class="smcap">Milton.</span></span><br /> -</p> - - -<p>At the time of the execution of Boone Helm and his four confederates in -crime, Bill Hunter, as before narrated, managed to escape his pursuers -and, for a time, to baffle the vengeance of the Vigilantes, by hiding -among the rocks and brush by day, and then seeking food at night among -the scattered settlements in the vicinity of the Gallatin river.</p> - -<p>At the time of Barney Hughes’ stampede, the country in the neighborhood -became alive with men, and his whereabouts was discovered. Information -was received at Virginia that he was living as described about twenty -miles above the mouth of the Gallatin. A severe snow storm had driven -him to seek refuge in a cabin, near the place of his concealment, and -here he was overtaken and captured.</p> - -<p><span class="pagenum" id="Page_160">[Pg 160]</span></p> - -<p>A party of four resolute men volunteered for the work, and left -Virginia City with a good prospect of fine weather for the trip before -them. Crossing the Divide between the Stinkingwater and the Madison, -they forded the last named river with some difficulty, the huge cakes -of floating ice striking the horses’ flanks and threatening to carry -them down. Their camping ground was the frozen earth on its banks; -and having built a fire, they laid down to sleep with no shelter but -their blankets. Though the weather was intensely cold, the spirits of -the party never flagged, and they derived not a little amusement from -occurrences which, under other circumstances, would have been regarded -as anything but amusing incidents of travel.</p> - -<p>One of the Vigilantes, determined on securing a good share of heat, lay -with his head on the top of a hillock that sloped towards the fire, -and, as a natural consequence, gradually slid down, till he woke with -his feet in the hot embers. His position was changed with marvellous -rapidity, amid the laughter of his comrades.</p> - -<p>Another of the party had a pair of mammoth socks, into which he thrust -his feet loosely. As the sleeper began to feel the cold, he kept -pushing his feet into the socks, until he pushed himself out of bed, -and woke half frozen. He glanced, with a comic expression, at the cause -of his misfortunes, and taking a good warm at the fire, in a more -legitimate fashion, he crept back to bed.</p> - -<p>Early in the morning, the men rose from their slumbers; renewed their -fire, and while some cooked, others hunted up the stock. Soon all was -prepared, and dispatched with a mountaineers’ appetite; the horses were -saddled and they departed on their mission. The weather had changed -very much for the worse. At about ten o’clock a fierce snow storm, -driven by a furious wind, blew right in their faces; but as the tempest -was a most useful auxiliary towards the success of their enterprise, -they pushed on, hour after hour, and, at 2 <span class="allsmcap">P. M.</span>, reached the -Milk Ranch, about twenty miles from the place where they expected to -find their game. Here they stayed for supper, and engaged a guide who -knew the country well, and was acquainted with the locality of the -robbers’ city of refuge. Being warmed and refreshed,<span class="pagenum" id="Page_161">[Pg 161]</span> they started at -a rapid pace, which was continued until, at midnight, they drew bridle -near a lone cabin, into which they felt certain that the severity of -the storm had driven the object of their journey.</p> - -<p>Having halted and unsaddled, they rapped loudly at the door. When it -was opened, the gentleman who presented himself, took a view of the -party, which, with the guide and a gentleman who had joined them, -numbered six individuals. “Good evening,” was the salutation of the -travellers. Sleep, suspicion, and an uneven temper, probably, jointly -provoked the response, “Don’t know whether it is or not.” However, -at their request, he soon had a fire blazing on the hearth, which -the party thoroughly enjoyed, after their long ride. Before allowing -themselves to be thus, even temporarily, luxurious, they had carefully -inspected the premises and, as the lawyers say, all the appendages and -appurtenances thereunto belonging; when, having found that the only -practicable method of egress was by the door, a couple of them lay -down in such a manner, when they retired to rest, that any one trying -to escape must inevitably wake them. Six shot-guns constituted half a -dozen weighty arguments against forcible attempts at departure, and -the several minor and corroborative persuasions of a revolving class -completed a clear case of “stand off,” under all circumstances.</p> - -<p>A sentry was placed to see that nobody adopted the plan of -“evaporation” patented by Santa Claus, that is to say, by ascent of the -chimney. His duty, also was, to keep up a bright fire, and the room -being tenanted to its utmost capacity, all promised an uninterrupted -night’s slumber.</p> - -<p>A very cursory inspection of the interior of the premises had satisfied -the Vigilantes that the occupants of the cabin were three in number. Of -these, two were visible; but one remained covered up in bed, and never -stirred till the time of their departure in the morning. The curiosity -of the inmates being roused by the sudden advent of the travellers, -questions as to their names, residences, occupation and intentions -were freely propounded, and were answered with a view to “business” -exclusively. Before turning over to sleep, the party conversationally -descanted on mining, stampeding, prospecting, runs, panning-out, and -all the technical<span class="pagenum" id="Page_162">[Pg 162]</span> magazine of mining phrases was ransacked with a view -to throwing their hosts off the trail. In this they succeeded. All was -quiet during the night, and until a late hour in the morning. Every one -of the friends of justice had exchanged private signals by Vigilante -telegraph and were satisfied that all was right.</p> - -<p>Nothing was said about the real object of their visit, until the horses -were saddled for the apparent purpose of continuing the journey. Two -only went out at a time, and the mute eloquence of the shot-guns in the -corner was as effective in the morning as it had been at midnight.</p> - -<p>When all was ready, one of the party asked who was the unknown sleeper -that, at that late hour, had never waked or uncovered his face. The -host said that he did not know; but upon being asked, “when did he come -here?” he informed them that he had come at the beginning of the great -snow storm, and had been there two days.</p> - -<p>The man was requested to describe his person and appearance. He -complied at once, and in so doing, he gave a perfect picture of Bill -Hunter.</p> - -<p>With arms prepared for instant service, the Vigilantes approached the -bed, and the leader called out, “Bill Hunter!” The occupant of the -bed hastily drew the covering from his face, and wildly asked who was -there. His eyes were greeted with the sight of six well armed men, -whose determined countenances and stern looks told him only too truly -the nature of their errand. Had he been in doubt, however, this matter -would soon have been settled; for the six shot-guns leveled at his -head were answer enough to palsy the arm of grim despair himself. On -being asked if he had any arms, he said, “Yes, I have a revolver;” and -accordingly, he handed it from beneath the bed-clothes, where he had -held it, lying on his breast, ready cocked for use. The old Vigilanter -who made the inquiries, not being very soft or easily caught at a -disadvantage, took the precaution when approaching him, to lay his -hand on his breast, so that, had he been willing, he could have done -nothing; for his weapon was mastered while his hand was covered. He -was, of course, informed that he was a prisoner, upon hearing which he -at once asked to be taken to Virginia City. One of the<span class="pagenum" id="Page_163">[Pg 163]</span> men gave him to -understand that he would be taken there. He further inquired whether -there was any conveyance for him, and was told that there was a horse -for him to ride.</p> - -<p>He rose from his bed, ready dressed for the occasion except his -overcoat and hat, and mounted the horse prepared for him; but upon -preparing to take the rein, his motion was politely negatived, and the -bridle was handed to a horseman who held it as a leading bridle. He -looked suspiciously round, and appeared much perturbed when he saw a -footman following, for he at once guessed that it was his horse that he -was riding, and the incident seemed to be regarded by him in the light -of an omen foreboding a short journey for him. His conscience told him -that what was likely to be the end of his arrest. The real reason why -an evasive answer had been given to the prisoner, when he expressed a -wish to be taken to Virginia City, was that his captors were anxious to -leave the place without exciting suspicion of any intention to execute -Bill Hunter, in the neighborhood.</p> - -<p>The escort proceeded on their way homewards, for about two miles, and -halted at the foot of a tree which seemed as if it had been fashioned -by nature for a gallows. A horizontal limb at a convenient height was -there for the rope, and on the trunk was a spur like a belaying pin, -on which to fasten the end. Scraping away about a foot of snow, they -camped, lit a fire and prepared their breakfast. An onlooker would -never have conjectured for a moment, that anything of a serious nature -was likely to occur, and even Hunter seemed to have forgotten his -fears, laughing and chatting gaily with the rest.</p> - -<p>After breakfast, a consultation was held as to what should be done with -the Road Agent, and after hearing what was offered by the members of -the scouting party, individually, the leader put the matter to vote. -It was decided by the majority that the prisoner should not go to -Virginia; but that he should be executed then and there. The man who -had given Hunter to understand that he would be taken to Virginia, -voted for the carrying out of this part of the programme; but he was -overruled.</p> - -<p>The earnest manner of the Vigilantes, and his own sense of guilt, -overpowered Hunter; he turned deadly pale, and<span class="pagenum" id="Page_164">[Pg 164]</span> faintingly asked for -water. He knew, without being told that there was no hope for him. A -brief history of his crimes was related to him by one of the men, and -the necessity of the enforcement of the penalty was pointed out to -him. All was too true for denial. He merely requested that his friends -should know nothing of the manner of his death, and stated that he -had no property; but he hoped they would give him a decent burial. He -was told that every reasonable request would be granted; but that the -ground was too hard for them to attempt his interment without proper -implements. They promised that his friends should be made acquainted -with his execution, and that they would see to that. Soon after, he -shook hands with each of the company, and said that he did not blame -them for what they were about to do.</p> - -<p>His arms were pinioned at the elbows; the fatal noose was placed round -his neck, and the end of the rope being thrown over the limb, the men -took hold and with a quick, strong pull, ran him up off his feet. -He died almost without a struggle; but, strange to say, he reached -as if for his pistol, and went through the pantomime of cocking and -discharging his revolver six times. This is no effort of fancy. Every -one present saw it, and was equally convinced of the fact. It was a -singular instance of “the ruling passion, strong in death.”</p> - -<p>The place of the execution was a lone tree, in full view of the -travellers on the trail, about twenty miles above the mouth of the -Gallatin. The corpse of the malefactor was left hanging from the limb, -and the little knot of horsemen was soon but a speck in the distance. -The purpose of the Barney Hughes stampede had been accomplished. So -secretly had everything been managed that one of their four who started -from Virginia did not know either the real destination of the party, -or the errand of the other three. He was found to be sound on the Road -Agent question; and, instead of being dismissed he rode on as one of -the party.</p> - -<p>It seemed as if fate had decreed the death of Bill Hunter. He was a man -of dauntless courage, and would have faced a hundred men to the last, -being a perfect desperado when roused, though ordinarily peaceful in -demeanor. At his capture<span class="pagenum" id="Page_165">[Pg 165]</span> he was as weak as a child, and had scarcely -strength to ask for what he wanted.</p> - -<p>The only remarkable circumstance attending the return journey was the -inconvenience and pain caused by the reflection of the sun’s rays -from the snow. It produced temporary blindness, and was only relieved -by blacking their faces. Riding late at night, one of the horsemen -dismounted, with a view of easing his steed, which was tired with the -long march,and walked some distance by his side. On getting again into -the saddle, he accidentally discharged his gun, which was slung muzzle -down, by his side. The charge passed down the leg of his boot, between -the counter and the lining, lodging an ounce ball and six buckshot, in -the heel. All started at the sudden flash and report. The man himself -believed that his foot was shot to pieces, and they spurred forward -at hot speed, for the next Ranch, where an examination revealed the -above state of facts, much to the consolation of the excited mind of -the owner of the boot. He was wounded only in spirit, and reached home -safely.</p> - -<p>One of the Vigilantes “bagged” a relic. He had promised to bring -back a token of having seen Bill Hunter, either dead or alive, and, -accordingly, while talking to him at the fire, he managed to detach a -button from his coat, which he fetched home as he had promised.</p> - -<p>Some days after, men who were hauling wood discovered the body, and -determined to give it burial. It was necessary to get the corpse over -a snow drift; so they tied a rope to the heels and essayed to drag -it up; but finding that this was the wrong way of the grain, as they -said, they replaced the noose round the neck, and thus having pulled -him over, they finally consigned to mother earth <span class="smcap">the last of Henry -Plummer’s Band</span>.</p> - -<p>Bill Hunter was, we have said the last of the old Road Agent band that -met death at the hands of the Committee. He was executed on the 3d of -February, 1864. There was now no openly organized force of robbers in -the Territory, and the future acts of the Committee were confined to -taking measures for the maintenance of the public tranquility and the -punishment of those guilty of murder, robbery and other<span class="pagenum" id="Page_166">[Pg 166]</span> high crimes -and misdemeanors against the welfare of the inhabitants of Montana.</p> - -<p>On looking back at the dreadful state of society which necessitated the -organization of the Vigilantes, and on reading these pages, many will -learn for the first time the deep debt of gratitude which they owe to -that just and equitable body of self-denying and gallant men. It was a -dreadful and a disgusting duty that devolved upon them; but it was a -duty, and they did it. Far less worthy actions have been rewarded by -the thanks of Congress, and medals glitter on many a bosom, whose owner -won them, lying flat behind a hillock, out of range of the enemy’s -fire. The Vigilantes, for the sake of their country encountered popular -dislike, the envenomed hatred of the bad, and the cold toleration of -some of the unwise good. Their lives they held in their hands. “All’s -well that ends well.” Montana is saved, and they saved it, earning the -blessings of future generations, whether they receive them or not. Our -next chapter will record the execution of the renowned Capt. J. A. -Slade, of whom more good and evil stories have been told than would -make a biography for the seven champions of Christendom, and concerning -whose life and character there have been more contradictory opinions -expressed, than have been uttered for or against any other individual -that has figured in the annals of the Rocky Mountains.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXIII">CHAPTER XXIII.<br /><span class="small">THE ARREST AND EXECUTION OF CAPTAIN J. A. SLADE WITH A SHORT ACCOUNT OF -HIS PREVIOUS CAREER.</span></h2> -</div> - - -<p class="poetry"> -<span style="margin-left: 1em;">Some write him hero, some a very knave;</span><br /> -<span style="margin-left: 1em;">Curses and tears are mingled at his grave.—<span class="smcap">Anon.</span></span><br /> -</p> - -<p>J. A. Slade, or, as he was often called, Captain Slade, was raised -in Clinton County, Ill., and was a member of a highly respectable -family. He bore a good character for several<span class="pagenum" id="Page_167">[Pg 167]</span> years in that place. The -acts which have given so wide a celebrity to his name, were performed -especially on the Overland Line, of which he was, for years, an -official. Reference to these matters will be made in a subsequent part -of this chapter.</p> - -<p>Captain J. A. Slade came to Virginia City in the Spring of 1863. He was -a man gifted with the power of making money, and, when free from the -influence of alcoholic stimulants, which seemed to reverse his nature, -and to change a kind hearted and intelligent gentleman into a reckless -demon, no man in the Territory had a greater faculty of attracting -the favorable notice of even strangers, and in spite of the wild -lawlessness which characterized his frequent spells of intoxication, he -had many, very many friends whom no commission of crime itself could -detach from his personal companionship. Another, and less desirable -class of friends were attracted by his very recklessness. There are -probably a thousand individuals in the West possessing a correct -knowledge of the leading incidents of a career that terminated at the -gallows, who still speak of Slade as a perfect gentleman, and who not -only lament his death, but talk in the highest terms of his character, -and pronounce his execution a murder. One way of accounting for the -diversity of opinion regarding Slade is sufficiently obvious. Those -who saw him in his natural state only, would pronounce him to be a -kind husband, a most hospitable host and a courteous gentleman. On the -contrary, those who met him when maddened with liquor and surrounded by -a gang of armed roughs, would pronounce him a fiend incarnate.</p> - -<p>During the summer of 1863, he went to Milk River as a freighter. -For this business he was eminently qualified, and he made a great -deal of money. Unfortunately his habit of profuse expenditure was -uncontrollable, and at the time of his execution he was deeply in debt -almost everywhere.</p> - -<p>After the execution of the five men, on the 14th of January, the -Vigilantes considered that their work was nearly ended. They had freed -the country from highwaymen and murderers to a great extent, and they -determined that, in the absence of the regular civil authority, they -would establish a People’s Court, where all offenders should be tried -by<span class="pagenum" id="Page_168">[Pg 168]</span> Judge and Jury. This was the nearest approach to social order -that the circumstances permitted, and, though strict legal authority -was wanting, yet the people were firmly determined to maintain its -efficiency, and to enforce its decrees. It may here be mentioned that -the overt act which was the last round on the fatal ladder leading -to the scaffold on which Slade perished, was the tearing in pieces -and stamping upon a writ of this court, followed by the arrest of the -Judge, Alex. Davis by authority of a presented Derringer, and with his -own hands.</p> - -<p>J. A. Slade was himself, we have been informed, a Vigilanter; he openly -boasted of it, and said he knew all that they knew. He was never -accused, or even suspected of either murder or robbery, committed in -this Territory, (the latter crimes were never laid to his charge, in -any place;) but that he had killed several men in other localities, was -notorious, and his bad reputation in this respect was a most powerful -argument in determining his fate, when he was finally arrested for -the offense above mentioned. On returning from Milk River he became -more and more addicted to drinking; until at last, it was a common -feat for him and his friends to “take the town.” He and a couple of -his dependants might often be seen on one horse, galloping through the -streets, shouting and yelling, firing revolvers, etc. On many occasions -he would ride his horse into stores; break up bars; toss the scales -out of doors, and use most insulting language to parties present. Just -previous to the day of his arrest, he had given a fearful beating to -one of his followers; but such was his influence over them that the -man wept bitterly at the gallows, and begged for his life with all -his power. It had become quite common, when Slade was on a spree, for -the shop-keepers and citizens to close the stores and put out all -the lights; being fearful of some outrage at his hands. One store in -Nevada he never ventured to enter—that of the Lott brothers—as they -had taken care to let him know that any attempt of the kind would be -followed by his sudden death, and, though he often rode down there, -threatening to break in and raise ——, yet he never attempted to carry -his threat into execution. For his wanton destruction of goods and -furniture, he was<span class="pagenum" id="Page_169">[Pg 169]</span> always ready to pay, when sober if he had money; but -there were not a few who regarded payment as small satisfaction for the -outrage, and these men were his personal enemies.</p> - -<p>From time to time, Slade received warnings from men that he well knew -would not deceive him, of the certain end of his conduct. There was not -a moment, for weeks previous to his arrest, in which the public did not -expect to hear of some bloody outrage. The dread of his very name, and -the presence of the armed band of hangers-on, who followed him alone -prevented a resistance, which must certainly have ended in the instant -murder or mutilation of the opposing party.</p> - -<p>Slade was frequently arrested by order of the court whose organization -we have described, and had treated it with respect by paying one or -two fines, and promising to pay the rest when he had money; but in the -transaction that occurred at this crisis, he forgot even this caution, -and goaded by passion and the hatred of restraint, he sprang into the -embrace of death.</p> - -<p>Slade had been drunk and “cutting up” all night. He and his companions -had made the town a perfect hell. In the morning, J. M. Fox, the -Sheriff, met him, arrested him, took him into court, and commenced -reading a warrant that he had for his arrest, by way of arraignment. -He became uncontrollably furious, and seizing the writ, he tore it -up, threw it on the ground and stamped upon it. The clicking of the -locks of his companions’ revolvers was instantly heard and a crisis -was expected. The Sheriff did not attempt his capture; but being at -least as prudent as he was valiant, he succumbed, leaving Slade the -master of the situation and the conqueror and ruler of the courts, law -and law-makers. This was a declaration of war, and was so accepted. -The Vigilance Committee now felt that the question of social order -and the preponderance of the law abiding citizens had then and there -to be decided. They knew the character of Slade, and they were well -aware that they must submit to his rule without murmur, or else that -he must be dealt with in such fashion as would prevent his being able -to wreak his vengeance on the Committee, who could never have hoped -to<span class="pagenum" id="Page_170">[Pg 170]</span> live in the Territory secure from outrage or death, and who could -never leave it without encountering his friends, whom his victory would -have emboldened and stimulated to a pitch that would have rendered them -reckless of consequences. The day previous, he had ridden into Dorris’ -store, and on being requested to leave, he drew his revolver and -threatened to kill the gentleman who spoke to him. Another saloon he -had led his horse into, and buying a bottle of wine, he tried to make -the animal drink it. This was not considered an uncommon performance, -as he had often entered saloons, and commenced firing at the lamps, -causing a wild stampede.</p> - -<p>A leading member of the committee met Slade, and informed him in the -quiet earnest manner of one who feels the importance of what he is -saying: “Slade, get your horse at once, and go home, or there will be -—— to pay.” Slade started and took a long look with his dark and -piercing eyes, at the gentleman—“what do you mean?” said he. “You -have no right to ask me what I mean,” was the quiet reply, “get your -horse at once, and remember what I tell you.” After a short pause -he promised to do so, and actually got into the saddle; but, being -still intoxicated, he began calling aloud to one after another of his -friends, and, at last seemed to have forgotten the warning he had -received and became again uproarious, shouting the name of a well known -prostitute in company with those of two men whom he considered heads of -the Committee, as a sort of challenge; perhaps, however as a simple act -of bravado. It seems probable that the intimation of personal danger -he had received had not been forgotten entirely; though fatally for -him, he took a foolish way of showing his remembrance of it. He sought -out Alexander Davis, the Judge of the Court, and drawing a cocked -Derringer, he presented it at his head, and told him that he should -hold him as a hostage for his own safety. As the Judge stood perfectly -quiet, and offered no resistance to his captor, no further outrage -followed on this score. Previous to this, on account of the critical -state of affairs, the Committee had met, and at last resolved to arrest -him. His execution had not been agreed upon, and, at that time, would -have been negatived, most assuredly. A messenger rode down to Nevada -to inform<span class="pagenum" id="Page_171">[Pg 171]</span> the leading men of what was on hand, as it was desirable to -show that there was a feeling of unanimity on the subject, all along -the gulch.</p> - -<p>The miners turned out almost <span class="smcap">en masse</span>, leaving their work and forming -in solid column, about six hundred strong, armed to the teeth, they -marched up to Virginia. The leader of the body well knew the temper -of his men, on the subject. He spurred on ahead of them, and hastily -calling a meeting of the Executive, he told them plainly that the -miners meant “business,” and that, if they came up, they would not -stand in the street to be shot down by Slade’s friends; but that they -would take him and hang him. The meeting was small, as the Virginia men -were loath to act at all. This momentous announcement of the feeling -of the Lower Town was made to a cluster of men, who were deliberating -behind a wagon, at the rear of a store on Main street, where the -Ohlinghouse stone building now stands.</p> - -<p>The Committee were most unwilling to proceed to extremities. All the -duty they had ever performed seemed as nothing to the task before them; -but they had to decide, and that quickly. It was finally agreed that -if the whole body of the miners were of the opinion that he should -be hanged, that the Committee left it in their hands to deal with -him. Off, at hot speed, rode the leader of the Nevada men to join his -command.</p> - -<p>Slade had found out what was intended, and the news sobered him -instantly. He went into P. S. Pfout’s store, where Davis was, and -apologized for his conduct, saying that he would take it all back.</p> - -<p>The head of the column now wheeled into Wallace street and marched up -at quick time. Halting in front of the store, the executive officer -of the Committee stepped forward and arrested Slade, who was at once -informed of his doom, and inquiry was made as to whether he had any -business to settle. Several parties spoke to him on the subject; but -to all such inquiries he turned a deaf ear, being entirely absorbed in -the terrifying reflections on his own awful position. He never ceased -his entreaties for life, and to see his dear wife. The unfortunate lady -referred to, between whom and Slade there existed a warm affection, -was at this time living at their<span class="pagenum" id="Page_172">[Pg 172]</span> Ranch on the Madison. She was -possessed of considerable personal attractions; tall, well-formed, of -graceful carriage, pleasing manners, and was, withal, an accomplished -horse-woman.</p> - -<p>A messenger from Slade rode at full speed to inform her of her -husband’s arrest. In an instant she was in the saddle, and with all the -energy that love and despair could lend to an ardent temperament and a -strong physique, she urged her fleet charger over the twelve miles of -rough and rocky ground that intervened between her and the object of -her passionate devotion.</p> - -<p>Meanwhile a party of volunteers had made the necessary preparations -for the execution, in the valley traversed by the branch. Beneath the -site of Pfouts and Russell’s stone building there was a corral, the -gate-posts of which were strong and high. Across the top was laid a -beam, to which the rope was fastened, and a dry-goods box served for -the platform. To this place Slade was marched, surrounded by a guard, -composing the best armed and most numerous force that has ever appeared -in Montana Territory.</p> - -<p>The doomed man had so exhausted himself by tears, prayers and -lamentations, that he had scarcely strength left to stand under the -fatal beam. He repeatedly exclaimed, “my God! my God! must I die? Oh, -my dear wife!”</p> - -<p>On the return of the fatigue party, they encountered some friends of -Slade, staunch and reliable citizens and members of the Committee, -but who were personally attached to the condemned. On hearing of his -sentence, one of them, a stout-hearted man, pulled out his handkerchief -and walked away, weeping like a child. Slade still begged to see his -wife, most piteously, and it seemed hard to deny his request; but the -bloody consequences that were sure to follow the inevitable attempt -at a rescue, that her presence and entreaties would have certainly -incited, forbade the granting of his request. Several gentlemen -were sent for to see him, in his last moments, one of whom, (Judge -Davis) made a short address to the people; but in such low tones as -to be inaudible, save to a few in his immediate vicinity. One of his -friends, after exhausting his powers of entreaty, threw off his coat -and declared that the prisoner could not be<span class="pagenum" id="Page_173">[Pg 173]</span> hanged until he himself -was killed. A hundred guns were instantly leveled at him; whereupon he -turned and fled; but, being brought back, he was compelled to resume -his coat, and to give a promise of future peaceable demeanor.</p> - -<p>Scarcely a leading man in Virginia could be found, though numbers of -the citizens joined the ranks of the guard when the arrest was made. -All lamented the stern necessity which dictated the execution.</p> - -<p>Everything being ready, the command was given, “Men, do your duty,” and -the box being instantly slipped from beneath his feet, he died almost -instantaneously.</p> - -<p>The body was cut down and carried to the Virginia Hotel, where, in -a darkened room, it was scarcely laid out, when the unfortunate -and bereaved companion of the deceased arrived, at headlong speed, -to find that all was over, and that she was a widow. Her grief and -heart-piercing cries were terrible evidences of the depth of her -attachment for her lost husband, and a considerable period elapsed -before she could regain the command of her excited feelings.</p> - -<p>J. A. Slade was, during his connection with the Overland Stage Company, -frequently involved in quarrels which terminated fatally for his -antagonists. The first and most memorable of these was his encounter -with Jules, a station-keeper at Julesburg, on the Platte River. Between -the inhabitants, the emigrants and the stage people, there was a -constant feud, arising from quarrels about missing stock, alleged to -have been stolen by the settlers, which constantly resulted in personal -difficulties such as beating, shooting, stabbing, etc., and it was from -this cause that Slade became involved in a transaction which has become -inseparably associated with his name, and which has given a coloring -and tone to all descriptions of him, from the date of the occurrence to -the present day.</p> - -<p>There have been so many versions of the affair, all of them differing -more or less in important particulars, that it has seemed impossible to -get at the exact truth; but the following account may be relied on as -substantially correct:</p> - -<p>From over-landers and dwellers on the road, we learn that Jules was -himself a lawless and tyrannical man, taking such liberties with the -coach stock and carrying matters with so<span class="pagenum" id="Page_174">[Pg 174]</span> high a hand that the company -determined on giving the agency of the division to J. A. Slade. In a -business point of view, they were correct in their selection. The coach -went through at all hazards. It is not to be supposed that Jules would -submit to the authority of a new comer, or, indeed, of any man that -he could intimidate; and a very limited intercourse was sufficient -to increase the mutual dislike of the parties, so far as to occasion -an open rupture and bloodshed. Slade, it is said, had employed a man -discharged by Jules, which irritated the latter considerably; but the -overt act that brought matters to a crisis was the recovery by Slade -of a team “sequestrated” by Jules. Some state that there had been -a previous altercation between the two; but, whether this be true -or not, it appears certain that on the arrival of the coach, with -Slade as a passenger, Jules determined to arrest the team, then and -there; and that, finding Slade was equally determined on putting them -through, a few expletives were exchanged, and Jules fired his gun, -loaded with buck-shot, at Slade, who was unarmed at the time, wounding -him severely. At his death, Slade carried several of these shot in -his body. Slade went down the road, till he recovered of his wound. -Jules left the place, and in his travels never failed to let everybody -know that he would kill Slade, who, on his part, was not backward in -reciprocating such promises. At last, Slade got well; and, shortly -after, was informed that his enemy had been “corralled by the boys,” -whereupon he went to the place designated, and, tying him fast, shot -him to death by degrees. He also cut off his ears, and carried them in -his vest pocket for a long time.</p> - -<p>One man declares that Slade went up to the ranch where he had heard -that Jules was and, “getting the drop on him,” that is to say, covering -him with his pistol before he was ready to defend himself, he said, -“Jules, I am going to kill you;” to which the other replied, “Well, I -suppose I am gone up; you’ve got me now;” and that Slade immediately -opened fire and killed him with his revolver.</p> - -<p>The first story is the one almost universally believed in the West, and -the act is considered entirely justifiable by the wild Indian fighters -of the frontier. Had he simply<span class="pagenum" id="Page_175">[Pg 175]</span> killed Jules, he would have been -justified by the accepted western law of retaliation. The prolonged -agony and mutilation of his enemy, however, admit of no excuse.</p> - -<p>While on the road, Slade ruled supreme. He would ride down to a -station, get into a quarrel, turn the house out of windows, and -maltreat the occupants most cruelly. The unfortunates had no means of -redress, and were compelled to recuperate as best they could. On one of -these occasions, it is said, he killed the father of the fine little -half-breed boy, Jemmy, whom he adopted, and who lived with his widow -after his execution. He was a gentle, well-behaved child, remarkable -for his beautiful, soft black eyes, and for his polite address.</p> - -<p>Sometimes Slade acted as a lyncher. On one occasion, some emigrants -had their stock either lost or stolen, and told Slade, who happened to -visit their camp. He rode, with a single companion, to a ranch, the -owners of which he suspected, and opening the door, commenced firing at -them, killing three and wounding the fourth.</p> - -<p>As for minor quarrels and shootings, it is absolutely certain that -a minute history of Slade’s life would be one long record of such -practices. He was feared a great deal more, generally, than the -Almighty, from Kearney, West. There was, it seems, something in his -bold recklessness, lavish generosity, and firm attachment to his -friends, whose quarrel he would back, everywhere and at any time, that -endeared him to the wild denizens of the prairie, and this personal -attachment it is that has cast a veil over his faults, so dark that his -friends could never see his real character, or believe their idol to be -a blood-stained desperado.</p> - -<p>Stories of his hanging men, and of innumerable assaults, shootings, -stabbings and beatings, in which he was a principal actor, form part -of the legends of the stage line; nevertheless, such is the veneration -still cherished for him by many of the old stagers, that any insult -offered to his memory would be fearfully and quickly avenged. Whatever -he did to others, he was their friend, they say; and so they will say -and feel till the tomb closes over the last of his old friends and -comrades of the Overland.</p> - -<p>It should be stated that Slade was, at the time of his<span class="pagenum" id="Page_176">[Pg 176]</span> coming West, a -fugitive from justice in Illinois, where he killed a man with whom he -had been quarreling. Finding his antagonist to be more than his match, -he ran away from him, and, in his flight, picking up a stone, he threw -it with such deadly aim and violence that it penetrated the skull of -his pursuer, over the eye, and killed him. Johnson, the Sheriff, who -pursued him for nearly four hundred miles, was in Virginia City not -long since, as we have been informed by persons who knew him well.</p> - -<p>Such was Captain J. A. Slade, the idol of his followers, the terror of -his enemies and of all that were not within the charmed circle of his -dependents. In him, generosity and destructiveness, brutal lawlessness -and courteous kindness, firm friendship and volcanic outbreaks of fury, -were so mingled that he seems like one born out of date. He should have -lived in feudal times, and have been the comrade of the Front de Bœufs, -de Lacys, and Bois Guilberts, of days almost forgotten. In modern -times, he stands nearly alone.</p> - -<p>The execution of Slade had a most wonderful effect upon society. -Henceforth, all knew that no one man could domineer or rule over the -community. Reason and civilization then drove brute force from Montana.</p> - -<p>One of his principal friends wisely absconded, and so escaped sharing -his fate, which would have been a thing almost certain had he remained.</p> - -<p>It has often been asked why Slade’s friends were permitted to go scot -free, seeing that they accompanied him in all his “raids,” and both -shared and defended his wild and lawless exploits. The answer is very -simple. The Vigilantes deplored the sad, but imperative necessity for -the making of one example. That, they knew, would be sufficient. They -were right in their judgment, and immovable in their purpose. Could it -but be made known how many lives were at their mercy, society would -wonder at the moderation that ruled in their counsels. Necessity was -the arbiter of these men’s fate. When the stern Goddess spoke not, the -doom was unpronounced, and the criminal remained at large. They acted -for the public good, and when examples were made, it was because the -safety of the community demanded<span class="pagenum" id="Page_177">[Pg 177]</span> a warning to the lawless and the -desperate, that might neither be despised nor soon forgotten.</p> - -<p>The execution of the Road Agents of Plummer’s gang was the result of -the popular verdict and judgment against robbers and murderers. The -death of Slade was the protest of society on behalf of social order and -the rights of man.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXIV">CHAPTER XXIV.<br /><span class="small">THE EXECUTION OF JAMES BRADY, FOR SHOOTING MURPHY, AT NEVADA.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">“Murder most foul and most unnatural.”—<span class="smcap">Shakspeare.</span></span><br /> -</p> - - -<p>Early in the summer of 1864, the Committee were called upon to visit -the stern retribution due to those who wantonly and maliciously attempt -to assassinate a fellow-creature, upon James Brady, a resident of the -Lower-Town, more generally known as Nevada City. The case was clear, -so far as the moral guilt of the accused was concerned, as will fully -appear from the subjoined account of the transaction; but there are -not a few who measure the extent of guilt by its consequences, and -refuse to examine the act itself, on its own merits. Now, we have -always held that a man who fires at another, deliberately and with -malice prepense, inflicting upon him a wound of any kind, is as much -a murderer as if the shot had proved instantly fatal. The other -judgment of the case depends upon the relative goodness or badness -of ammunition, the efficiency of the weapon, and the expertness of -the marksman. Hence, to hit the mark is murder; but to aim at it, -and make rather a wide shot, is manslaughter only. If a ball glances -on a man’s ribs, it is manslaughter; if it goes between them, it is -murder. This line of argument may satisfy some people; and that it -does do so, we know; at the same time, it is not a doctrine that we -can endorse, being fully convinced of its utter want of foundation, -in right reason or common sense. Murphy, the victim of Brady’s shot, -was believed to be dying; the physicians<span class="pagenum" id="Page_178">[Pg 178]</span> declared he could not live -many hours, and for this crime Brady was executed. Some kind-hearted, -but weak-headed individuals think that the murderer ought to have been -spared, because Murphy had a strong constitution, and contrary to all -expectations, recovered; but what the state of a man’s health has to -do with the crime of the villain who shoots him, will to us, forever -remain an enigma as difficult as the unraveling of the Gordian knot. -The proper course, in such cases, seems to be, not the untying of the -knot aforesaid, but the casting on of another, in the shape of a Road -Agent’s neck-tie.</p> - -<p>At about 11 <span class="allsmcap">P. M.</span>, the stillness of the summer’s night that -had closed in upon the citizens of Nevada, was broken by two pistol -shots fired in rapid succession. The executive officer of the Committee -heard the reports, as he was retiring to bed; but the sounds were too -familiar to a mountaineer to attract any special attention, and he laid -down at once, to sleep. In a few moments, however, he was startled from -his quick coming slumber by the sudden entrance of a friend who told -him to get up, for there was a man shot. Hastily dressing himself, -he found that an individual named Jem Kelly was a prisoner on the -charge of being an accomplice in the deed. Who had fired the shots -was not known, the man having run off with all speed, before he could -be arrested. A guard of two Vigilantes was left in charge of Kelly -and the officer went quickly to Brady’s saloon, where he first heard, -from bystanders, that they thought Brady himself was the criminal, but -that he had escaped. The wounded man confirmed this statement, and an -examination of the premises showed a bullet-hole in the window through -which the assassin had fired. The second shot had been fired from the -door-step.</p> - -<p>A detail of twelve men were ordered to search the town, for Brady, -while the captain and three others started for Virginia City, with the -intention of capturing him if he could be found there, or on the road -thither. On arriving at Central City, they ascertained from a citizen -whom they met on the street, that a man dressed in black clothes, -and otherwise answering the description of the fugitive, had passed -through, and that he was apparently intoxicated.<span class="pagenum" id="Page_179">[Pg 179]</span> They went on to -Virginia, and on arriving there, just about midnight, they found that -the only house in which a light appeared was the Beaverhead saloon, at -the corner of Idaho and Jackson streets, now John How & <abbr title="company">Co.</abbr>’s store.</p> - -<p>One of the party knew Brady personally, and on entering he at once -recognized him in the act of drinking with another man at the bar. The -captain stepped up and asked, “Is your name Brady?” “Yes,” said he. -“Then you are my prisoner,” answered the captain. On his inquiring -what was the charge against him, he was told that he was arrested for -the murder of Murphy. The prisoner immediately started off on a loud -harangue, but was stopped by the captain, who told him to keep quiet, -and added, “You will have a fair trial in the morning.”</p> - -<p>Brady was taken down to Nevada by his captors, and confronted with his -victim, who was lying in his own house. “Murphy,” said the captain, -“is this the man that shot you?” The wounded man fixed his gaze on the -prisoner, and replied faintly, “It is.” The guard then took Brady and -marched him down town, to the house where Kelly was confined. The two -men were given into the custody of a strong and well armed party, for -the night. The death of Murphy was hourly expected by the attendant -surgeons, and all around him.</p> - -<p>In the morning, Brady was taken before the Committee, who sat in the -Adelphi Hall, whither they had been convened for that purpose. About -fifty members were present and the charge against the prisoner was -thoroughly investigated. The trial commenced about 11 <span class="allsmcap">A. M.</span></p> - -<p>Meanwhile, Kelly had confessed that he had kept bar for Brady, on that -day, and that he knew that there was an old quarrel, and consequently -ill-feeling existed between Brady and Murphy. The commencement of -this feud dated back as far as the preceding summer. This much of his -testimony was correct and truthful, and was corroborated by other -witnesses. He then went on to swear that he had nothing to do with -the murder himself; that the first thing he knew about the affray was -the firing of a shot through the window, followed by the discharge of -another into the<span class="pagenum" id="Page_180">[Pg 180]</span> door-step, and before he could see who it was that -had done the deed, the man had run away.</p> - -<p>Brady, at first, pretended that he had shot the wrong man by mistake; -but he admitted, at his trial that he had really aimed and fired the -(supposed) fatal shot. He said that had he been sober, he would not -have committed the rash act, and he added, that after shooting, he went -next door to his cabin, and sat there for about five minutes; that he -then became uneasy, and started for Virginia, flinging his pistol away -into the gulch, on his road up. The pistol was found and produced at -the trial.</p> - -<p>The evidence produced was so entirely conclusive as to admit of no -doubt. The offense was deliberate and cold-blooded murder, so far as -the prisoner was concerned, and he believed the same till the moment of -his execution. Sentence of death by hanging was pronounced.</p> - -<p>With regard to Kelly, the evidence adduced at the trial had led to -some new developments concerning his share in the transaction. It was -positively sworn that he had handed the pistol to Brady, across the -bar; and that the understanding was that he was to take the assassin’s -place, inside the saloon, leaving him free to act on the outside; -that, on receiving the pistol, Brady went out with it under his coat, -and going into his cabin, he remained there for a few minutes, and -then, walking to the window he fired, with deliberate aim, through the -window, without previous words, or warning of his intention.</p> - -<p>Kelly was sentenced to receive fifty lashes on the bare back, which -punishment he duly received, after the execution.</p> - -<p>The prisoner (Brady,) sent for W. Y. Pemberton, now practising law at -Helena, and requested him to settle his worldly affairs, in legal form. -Accordingly, that gentleman drew his will, and the necessary deeds for -the disposal of his property, after which he said that he must have a -letter written to his daughter. He commenced to dictate it, but the -language of the epistle reminded him so forcibly of his own wretched -condition, that he was unable to proceed, and covering his face with -his hands, he ran to his bed, exclaiming, “Oh! my God! finish it -yourself.” The writer furnishes the following note of the letter:</p> - -<p><span class="pagenum" id="Page_181">[Pg 181]</span></p> - -<div class="blockquot"> - -<p>“<span class="smcap">My Dear Daughter</span>: You will never see me again. In an evil -hour, being under the control and influence of whiskey, I tried to -take the life of my fellow-man. I tried to shoot him through a window. -He will in all probability die—and that, at my hands. I cannot say -that I should not suffer the penalty affixed to the violation of -law. I have been arrested, tried and sentenced to be hanged by the -Vigilance Committee. In one short hour I will have gone to eternity. -It is an awful thought; but it is my own fault. By the love I feel for -you, in this, my dying hour, I entreat you to be a good girl. Walk in -the ways of the Lord. Keep Heaven, God and the interest of your soul, -before your eyes. I commend and commit you to the keeping of God. Pray -for my soul. Farewell, forever.</p> - -<p class="right"> -Your father, <span class="smcap">James Brady</span>.”<br /> -</p> -</div> - - -<p>At four o’clock <span class="allsmcap">P. M.</span>, he was marched from his place of -confinement to the gallows, escorted by a guard of two hundred men, -fully armed. At least five thousand persons were present at the -execution. The gallows was about half a mile east of Nevada, and to -save time and expense, a butchers hoist was used for the purpose, a box -and plank being rigged for a drop. When the rope had been adjusted, and -the fatal preparations were all completed, he was asked if he wished -to say anything to the people. He addressed the crowd, telling them -that it was the first action of the kind that he had done; that he was -intoxicated and insane; that he hoped his execution would be a warning -to others, and that God would have mercy on his soul. The trap fell, -and James Brady ceased to exist. After hanging for half an hour, the -corpse was cut down and given to the friends of the deceased for burial.</p> - -<p>Jem Kelly was present at the execution of his friend, and when all -was over, he was marched by the guard, down to an unfinished house in -Nevada. Here a halt was called, and the necessary arrangements for -the whipping were quickly made. Being asked to take off his shirt, he -said, “—— the shirt, leave it on;” but on being told that it would -be spoiled, he removed it. The culprit’s hands were now tied together, -and made fast to a beam overhead; after which five men inflicted the -punishment, each giving ten lashes<span class="pagenum" id="Page_182">[Pg 182]</span> with a raw-hide. Kelly showed no -fortitude whatever, roaring and screaming at every lash of the hide. -At the termination of the flogging, he remarked, “Boys, if I hadn’t -been so fat, I should have died sure.” Nevada was no home for this -low-minded villain, who left with all speed; and resuming the career -most congenial to a man as fond as he was, of gold without labor, and -horses without purchase, he came to the same end as his companion, -Brady; but there was this difference between them—Kelly was a thief -and murderer by trade; Brady was an honest man, and had never before -ventured into the path of crime. Many felt sorry for his fate; but the -old miners who heard of Kelly’s execution, shrugged their shoulders -and muttered, “Served him right; he ought to have gone up long ago; -I don’t believe in whipping and banishing; if a fellow ain’t fit -to live here, he ain’t fit to live nowhere by thunder—that’s so, -you bet your life,” etc., etc., which terse and technical series of -interjectional syllogisms contain more good practical common sense -than many a calf-bound folio, embodying the result of the labors of -many a charter-granting, plunder-seeking body, humorously styled a -“Legislature,” west of “the River.”</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXV">CHAPTER XXV.<br /><span class="small">THE SNAKE RIVER SCOUT—CAPTURE AND EXECUTION OF JEM KELLY.</span></h2> -</div> - -<p class="poetry"> -<span style="margin-left: 1em;">“The pitcher that went often to the well was broken at last.”</span><br /> -<span style="margin-left: 20em;"><span class="smcap">Irish Proverb.</span></span><br /> -</p> - - -<p>In the month of July, 1864, the coach going from Virginia to Salt Lake -was robbed, and a large booty in gold dust was the reward of the Road -Agents. This was no sooner reported to the Committee, than prompt -measures were taken to pursue the perpetrators of the crime.</p> - -<p>A party of twenty-one of the old veterans who had hunted down Plummer’s -band, left Nevada, on Sunday, the 28th<span class="pagenum" id="Page_183">[Pg 183]</span> day of August, and camped at -William’s Ranch for the night. On Monday, the party rode all day, -never halting from breakfast time till evening. The rain fell in -torrents, rendering cooking impossible; so a hard bite was all that -was available, and each man coiled himself up in his blanket with his -saddle for a pillow, and growled himself to sleep as best he could. -Four guards came into camp with the stock, at daylight; whereupon the -troop saddled up, without taking breakfast, every one of the “crowd” -being at the same time wet, “dry,” hungry and saucy. One of the boys -had managed to bring along a bottle of (contraband) whiskey, as he -said, in case of snake-bites; but, under the circumstances, as far as -can be ascertained, no one refused a mouthful of the aqua vitæ. They -had forgotten the “weights and measures” of their school days, and at -that camp, it was found that there was no scruples to a dram. As one -of the party observed, it was “big medicine, you bet.” A ride in the -wet of fifteen miles, brought them to Joe Patte’s and breakfast, which -latter being despatched, and the former having received their adieux, -the “boot and saddle” once more sounded, and they proceeded on their -journey, changing horses at the Canyon Station, and finally halting on -the banks of Medicine Lodge Creek, in the midst of a heavy rain storm, -without shelter.</p> - -<p>In the morning everybody felt wet, of course, and unamiable, probably; -but as “business is business” when Montana Vigilantes are afoot, -nothing objectionable to morality was offered, except an odd oath, -caused by a stiff-legged cayuse or a refractory buckle, which, it is -charitably hoped, the rain washed from the record. The probabilities -favor the supposition, if the angel made the entry in his book on the -banks of that creek. If not, provided he was a good angel, he took no -notes till after breakfast and dinner, at Camos Creek, had somewhat -soothed and mollified the water-soaked, but irrepressible rangers.</p> - -<p>Saddling up once more, the party loped along a little more cheerfully, -reaching Snake river at ten <span class="allsmcap">P. M.</span>, where they, “their wearied limbs to -rest,” lay down—in a haystack.</p> - -<p>After breakfast, they turned their horses’ heads down stream, and camped -in the sage brush, without water, and<span class="pagenum" id="Page_184">[Pg 184]</span> with poor feed for stock. The -Vigilantes were supperless. On Friday, they borrowed the necessary -“batterie de cuisine” from the Overland station, and cooked their -breakfast after which they rode to Meek and Gibson’s Ferry, where they -camped, and turned out the stock in Fort Hall bottom.</p> - -<p>A suspicious character having entered the camp, two of the boys tracked -him to his own “lodging on the cold ground;” finding however, that -there were no evidence of anything wrong about his halting place, they -returned.</p> - -<p>At the Ferry, the Vigilantes met an old friend—a brother of the early -days of ’63-4. He was freighting poultry and hogs to Virginia, from -Salt Lake City. Glad to see his old comrades on their righteous errand, -he presented them with a thirty pound pig. A family of Morrisites -living in a cabin at the Ferry cooked it for them, and it was consumed -with immense zest. Here they learned that Jem Kelly had boarded in the -house, and on being asked to pay, he had threatened to whip the old -man. He said that he had a partner coming from Salt Lake, and that when -he arrived he should have a plenty of money. He also intimated to one -of the men living there that his partner was one of the men who robbed -Hughes, when a passenger in the coach. Kelly also said that there was -a big camp of emigrants, with a lot of mules, near there, on their way -to Oregon. He proposed that they should stampede the stock, and that if -the men offered a large enough reward, they should return them; but if -not, they would drive them off and sell them. The man refused to have -any hand in the matter, and was traveling towards the Butte, to buy -some lame cattle from the emigrants, when Kelly who started with him, -fell behind, and drawing a pistol, presented it at him. The man turned -at once, and Kelly, who saw something that scared him in the expression -of the man’s eye, had not nerve to shoot, though he wanted his money. -He therefore turned it off as a joke.</p> - -<p>The man failed to purchase the cattle and returned. Kelly, who had -parted from him, came in some time during the next day, bringing with -him a horse, saddle and bridle. The emigrants had this horse to drive -loose stock, and as is usual with animals so trained, he followed the -wagons, picking up his own living. One day he lagged behind, and they<span class="pagenum" id="Page_185">[Pg 185]</span> -went back for him. It is supposed Kelly watched them from behind the -crest of a hill, and catching the horse rode off with him.</p> - -<p>A party of ten men, with a captain, were sent to scout on the Portneuf -Creek, and were mounted on the best animals. They went to Junction -Station, Fort Hall, where the Overland boys shod the horses for them. -From that place they rode to Portneuf. The squad made a night march, -and camped at 11 <span class="allsmcap">P. M.</span>, without feed for man or beast, during -a hurricane of wind. Oliver’s coach went by, and when the driver spied -the horses, he thought of robbers, and the passengers looked mightily -scared. They drove by on a keen run, much to the amusement of the boys, -who saddled up at two o’clock <span class="allsmcap">A. M.</span> The men had no bedding and -no “grub.” The culinary furniture was a tin cup in each man’s belt, -and a good set of teeth. They started at two o’clock <span class="allsmcap">A. M.</span>, -because the stock was so hungry and restless. They kept a bright -lookout for Kelly.</p> - -<p>At day-break they saw a camp-fire. They rode up thinking of good -times, but found only a lot of Shoshone Indians, who had little but -choke-cherries to eat. The chief shortly after came up to the captain, -and offered him a broiled trout, which he ate and then fell asleep, -while the others were regaling themselves on choke-cherries, supplied -by little naked pappooses. An old squaw seeing the leader asleep, -when the sun rose, built a willow wigwam over him, and when he woke, -he seemed considerably exercised at the sight of his house, which -seemed like Jonah’s gourd. This was too much for both the boys and the -Indians, and they laughed heartily.</p> - -<p>The detachment saddled up and went on to Portneuf, where they ordered -breakfast at 11 <span class="allsmcap">P. M.</span>, at Oliver’s station. Here they learned -that a party of California prospectors, ten in number, all dressed in -buckskin, had caught Kelly, in a haystack. He had another horse by -this time, (he had sold one at the Ferry.) The party went back for two -and a half miles, on Sunday morning. The captain was ahead, scouting, -with one of the boys, and found the dead body of a man floating in the -creek. There was a shot wound through the back of the head. The corpse -was wrapped in a grey<span class="pagenum" id="Page_186">[Pg 186]</span> blanket, with a four strand lariet round the -neck and shoulders, as though the body had been dragged and sunk. There -were two camp fires near, which seemed to be ten or fifteen days old. -They were situated in a thicket of willows. There was a large boulder -at the bottom of the eddy, where there was no current, and the men -thought that the body had been tied to it, but that it had broken loose -and floated.</p> - -<p>The Vigilantes went back, got a pick and shovel, and buried him. -The body was dreadfully decomposed, and it was both difficult and -disgusting to raise it; however, they consulted, and slipping willows -under it, they reached over, and joining the tops, lifted out -altogether, and laid the putrefied remains in their willow grave. -Willows were placed below and around them, and having covered them with -earth and stone, they, getting a tail-board from a pilgrim’s wagon, -wrote an inscription, stating his finding by the Vigilantes, and the -date of his burial. The men then jumped into the saddle, and rode until -after night, coming up with a freight train for Virginia, camped on -the road. The captain told his story, whereupon the wagon-boss ordered -them a good warm drink and a hearty supper, sending his herder to look -after the stock. The command slept soundly till daylight, and then -rode twenty-five miles to the Ferry, to breakfast. They found the main -body still camped there, and they were glad to see the California -buckskin-rangers, and Jem Kelly in custody.</p> - -<p>A trial was called, and the evidence being heard, Kelly was unanimously -condemned to death. While pinioned, he asked for his pipe; and got a -smoke, which he seemed to enjoy very much. A knot was tied and greased, -and when all was working right, the party marched down to a Balm of -Gillead tree, and in presence of the prisoner rigged a scaffold by -cutting a notch into the tree, and putting one end of a plank from a -pilgrim-wagon, into the notch, and supporting the other on a forked -stick. The captain asked Kelly if he had anything to say. He answered -that if he had never drank any whiskey he would have been a better man. -He said it was hard to hang him, after whipping him. While he was on -the trap, a couple of Shoshone warriors came up, and looked on with -evident amazement. When the plank<span class="pagenum" id="Page_187">[Pg 187]</span> was knocked from under him, the -Indians gave a loud “Ugh!” and started at full speed for their camp. -After he had hung some fifteen minutes, the buckskin party came up, -and having made some inquiries, they helped to bury him, in a willow -coffin. The Vigilantes then returned home without any further incident -of travel worth recording.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXVI">CHAPTER XXVI.<br /><span class="small">ARREST AND EXECUTION OF JOHN DOLAN, ALIAS JOHN COYLE, ALIAS “HARD HAT,” -FOR ROBBING JAMES BRADY OF $700 IN GOLD.</span></h2> -</div> - - -<p> -<span style="margin-left: 1em;">As the stout fox, on thieving errand caught,</span><br /> -<span style="margin-left: 1em;">Silent he dies, nor hopes nor cares for aught.—<span class="smcap">Anonymous.</span></span><br /> -</p> - - -<p>Late in the month of August, 1864, a man named James Brady, of Nevada, -was robbed of $700 in gold by John Dolan, alias John Coyle, alias -“Hard Hat,” who had been living with him, and took the money from his -trousers’ pocket. For some time, the real thief remained unsuspected. -He cunningly offered to assist in the search, and treated Brady out of -the money; but suspicion being aroused by his sudden disappearance, -pursuit was made in the direction of Utah. John McGrath followed him to -Salt Lake City, and there found that he had changed his name to John -Coyle, and that he had gone on to Springville, whither his pursuer -followed and arrested him. Dolan stipulated that he should be preserved -from the Vigilantes, on the road home, which was agreed to, and McGrath -and his prisoner arrived at Nevada on the 16th of September. In the -meantime, letters had been received from parties ignorant of this -transaction, informing the Committee that Dolan was a pal of Jem Kelly, -who was hanged at Snake river; and evidence of his complicity with -the Road Agents was also satisfactorily adduced. He was the spy who -“planted” the robbery of Hughes in the Salt Lake coach. It is nearly -certain that<span class="pagenum" id="Page_188">[Pg 188]</span> the reason he fled to Utah was that he might receive his -share of the plunder.</p> - -<p>After a patient and lengthened trial, his guilt being perfectly clear, -he was condemned to be executed by a unanimous vote of the Committee. -Three hundred dollars of the lost money was recovered, and, though -Dolan at first denied his guilt, yet the production of peculiar nuggets -being irresistible evidence, he at last confessed the crime and offered -to make up the balance, if he should be let go. This could not be -acceded to, and, therefore, the Committee made good the amount lost by -their refusal, to Brady.</p> - -<p>It was on Saturday evening, September 17th, that the execution of Dolan -took place, and a scene more fraught with warning to the desperate -never was enacted before the gaze of assembled thousands.</p> - -<p>About sun-down, strong parties of Vigilantes from Highland, Pine Grove -and Virginia, joined the armed force already on the ground belonging -to Nevada and Junction. The prisoner was confined in the ball-room, -next door to the Jackson House, and here he was pinioned before being -brought out. The companies from Virginia, armed to the teeth, formed in -two parallel lines, enclosing an avenue reaching from the door through -which the prisoner must make his exit on his way to the scaffold. The -silence and the sternly compressed lips of the guard showed that they -felt the solemnity of the occasion, and that they were prepared to -repulse, with instant and deadly action, any attempt at the rescue -threatened by the prisoner’s companions in crime and sympathizers. -All being ready, a small posse of trustworthy men were detailed as -a close guard in front, rear and on both flanks of the prisoner. -The signal being given, the commander of the guard gave the word, -“Company! draw revolvers!” A moment more and the weapons, ready for -instant use, were held at the Vigilantes’ “ready,” that is to say, in -front of the body, the right hand level with the center of the breast, -muzzle up, thumb on the cock, and the fore finger extended along-side -the trigger-guard. “Right face! Forward, march!” followed in quick -succession, and, immediately the procession was fairly in motion, the -files of the guard were doubled. In close order they marched<span class="pagenum" id="Page_189">[Pg 189]</span> through -a dense crowd, to the gallows, a butchers hoist standing in the plain, -at the foot of the hills, about half a mile north-east of Nevada, where -a fatigue party and guard had made the necessary preparations for the -execution. The multitude must have considerably exceeded six thousand -in number, every available spot of ground being densely packed with -spectators. The face of the hill was alive with a throng of eager -and excited people. The column of Vigilantes marched steadily and in -perfect silence through the gathering masses, right up to the gallows. -Here they were halted and, at a given signal, the lines first opened -and then formed in a circle of about fifty yards in diameter, with an -interval of about six feet between the ranks, and facing the crowd, -which slowly fell back before them, till the force was in position. -Renewed threats of an attempt at rescue having been made, the word was -passed round the ranks, and the guard, in momentary expectation of a -rush from the anti-law-and-order men, stood ready to beat them back. -The prisoner, who exhibited a stolid indifference and utter unconcern, -most remarkable to witness, was placed, standing, on a board supported -in such a manner that a touch of a foot was all that was necessary to -convert it into a drop.</p> - -<p>The executive officer then addressed the crowd, stating that the -execution of criminals such as Dolan was a matter of public necessity, -in a mining country, and that the safety of the community from -lawlessness and outrage was the only reason that dictated it. He raised -his voice, and finished by saying, in a manner that all understood, -“It has been said that you will rescue the prisoner; don’t try it on, -for fear of the consequences. What is to be done has been deliberately -weighed and determined, and nothing shall prevent the execution of the -malefactor.”</p> - -<p>Dolan being now asked if he had anything to say, he replied in a -voice perfectly calm, clear and unconcerned, that he admitted having -committed the crime with which he was charged; but he said that he was -drunk when he did it. He added that he was well known in California -and elsewhere, and had never been accused of a similar action before. -He then bade them all good-bye, and requested that some of his friends -would bury his body. The rope<span class="pagenum" id="Page_190">[Pg 190]</span> was placed round his neck; the plank -was struck from beneath his feet, and the corpse swayed to and fro in -the night breeze. He never made a perceptible struggle. The dull sound -of the drop was followed, or rather accompanied, by the stern order to -the crowd, repeated by one hundred voices, “fall back!” The glancing -barrels and clicking locks of five hundred revolvers, as they came to -the present, sounded their deadly warning, and the crowd, suddenly -seized with a wild panic, fled, shrieking in mad terror, and rolling -in heaps over one another. A wagon and team were drawn up outside the -circle held by the Vigilantes, but such was the tremendous stampede, -that, taking them broadside, they rolled over before the onslaught of -the mob, like nine-pins, and over wagon and struggling mules, poured a -living torrent of people. Fortunately no great injury was done to any -one, and they gradually returned to the vicinity of the scaffold. As -the rush was made, the hill appeared to be moving, the simultaneous -motion of the multitude giving it that appearance.</p> - -<p>Just before the drop fell, one of the guard, who had newly arrived in -the country, being pressed on by a tall, swarthy-looking reprobate, -ordered him back, dropping his revolver level with his breast at the -same instant. The villain quickly thrust his hand into his bosom, and -the butt of a pistol was instantly visible within his grasp. “I say, -you, sir!” observed the guard, “just move your arm a couple of inches -or so, will you? I want to hit that big white button on your coat.” -“H—l!” ejaculated the worthy, retiring with the rapidity of chain -lightning, among the crowd.</p> - -<p>The people were then addressed by a gentleman of Nevada, who forcibly -showed to them the necessity of such examples as the present. He -reminded them that nothing but severe and summary punishment would be -of any avail to prevent crime, in a place where life and gold were so -much exposed. The prisoner had declared that he was drunk; but he had -offered to return the money, though only in case he would be pardoned. -This offer, a due regard for the safety of the community forbade their -accepting.</p> - -<p>Dolan having been pronounced dead by several physicians, the body was -given into the care of his friends; the<span class="pagenum" id="Page_191">[Pg 191]</span> Vigilantes marched off by -companies, and the crowd dispersed. There was a solemnity and decorum -about the proceedings of the Vigilantes that all admired.</p> - -<p>Before leaving the ground, a subscription was opened on behalf of the -man whose money had been stolen, and the whole sum missing ($400) was -paid to him by the Committee. This was an act of scrupulous honesty, -probably never before paralleled in any citizens’ court in the world.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXVII">CHAPTER XXVII.<br /><span class="small">CAPTURE AND EXECUTION OF R. C. RAWLEY.</span></h2> -</div> - -<p class="poetry"> -<span style="margin-left: 1em;">“Justice is blind; but she has a long memory and a strong arm.”</span><br /> -<span style="margin-left: 26em;"><span class="smcap">Proverb.</span></span><br /> -</p> - - -<p>Since the execution of Plummer, Ray, Stinson, Pizanthia and Wagner, -there had been no execution in Bannack. The example had been -sufficient, and, though it could not be said that there was no crime -in Bannack, yet the change from the wild lawlessness of the roughs, -and the reign of terror caused by the presence of Plummer and his -satellites, was most encouraging. Scores of men silently and quickly -left Bannack for other regions. The dread of the “Vigilantes” was -strongly impressed on every person, and though it is not easy to -suppose that the nature of the desperadoes can be materially changed, -yet it is tolerably certain, to those who have witnessed the effect of -what the heralds would call “a noose pendant from a beam proper,”—that -men of the worst morals and most unquestioned bravery—men whom nothing -else could daunt—still maintain a quietness of demeanor that, under -any other circumstances than the fear of retribution by the halter, -would surely be foreign to their very nature.</p> - -<p>Among those who dreaded the arrival of the day of vengeance was a man -passing by the assumed name of R. C. Rawley. He was no common loafer, -originally; but was under another name and with a fairer character, a -merchant<span class="pagenum" id="Page_192">[Pg 192]</span> in a large Western city, from which, owing to what precise -discreditable cause we are uninformed, authentically he emigrated to -Colorado, and there gradually sank down to the character and standard -of a “bummer.” It was evident to all who knew him that he was a man -of education and of some refinement; occasionally remarks made in his -sober moments attested this, but a long course of brutal dissipation -had rendered his acquirements worthless, and had so debased his morals, -that he associated only with the thieves and marauders whose guilty -career terminated as these pages have shown, upon the gallows. Robbed -of all self-respect, and even ambition, R. C. Rawley, on his arrival in -this country, attached himself as a hanger-on to the Road Agents and -was the constant tool and companion of Stinson, Forbes Lyons and their -associates. He sometimes seemed to become ashamed of his conduct, and -worked for short periods, honestly earning his living; but such spells -of good conduct were only occasional. He returned, uniformly, to his -old habits, “like the sow that is washed to her wallowing in the mire.” -Rawley was a good looking man, and, but for his habit of intoxication, -he must have been handsome.</p> - -<p>In the winter of 1863-4, Rawley, though not closely identified with -the band, yet bore a suspicious character, owing to his connection -and association with them. He was seldom, indeed, on the road; but he -acted as an inside spy. As soon as the first blow was struck at the -Road Agents, he became nervous and excited in his demeanor, and warned -by the promptings of a guilty conscience, he suddenly left Bannack, on -a winter’s morning of such severity that nothing but the belief that -detection and punishment awaited him, could have justified a sane man -in undertaking a journey of any considerable length. He was popularly -supposed to have gone south or to Boise.</p> - -<p>In an ill-starred hour, in the month of September, 1864, unexpectedly -to most people, but with the knowledge of the Vigilantes, who had kept -track of his movements, he suddenly returned to Bannack, thinking, -doubtless, that all danger was past. He came back in rags, to find all -his old friends gone, and looked like a lone chicken on a wet day. -For some time after his return he kept quiet, and went to<span class="pagenum" id="Page_193">[Pg 193]</span> work for a -man who lived down the canyon, in the neighborhood of New Jerusalem. -Those who knew him, state that when he was sober, although he was not a -first-class workman, yet he labored steadily and well; but, as may be -conjectured, his frequent visits to Bannack, which always involved a -spree of drunkenness, greatly impaired his usefulness.</p> - -<p>During the time when he was under the influence of strong drink, his -old predilections were brought prominently forward, and he did not -hesitate to utter threats of an unmistakable kind, against the members -of the Committee; and also to express his sympathy and identification -of interest with the men who had been hanged, stating that they were -good men, and that the Committee were —— strangling ——, etc. -This kind of conduct was allowed to remain unpunished for some six -weeks or two months; but as Rawley began to get bolder and to defy -the Committee, it was resolved that an end should be put to such -proceedings.</p> - -<p>A meeting of the Vigilantes was called, and it was determined that his -case should be thoroughly investigated. This was done, and, during the -trial, evidence of the most convincing kind was adduced, of his actual -complicity in the outrages perpetrated by the band; of his being a -spy for them, and of his pointing out favorable opportunities for the -commission of robbery. As his present line of action and speech left -no doubt that he would connect himself with some new gang of thieves, -and as it was more than suspected that such an organization was -contemplated, it was determined to put a sudden end to all such doings, -by making an example of Rawley.</p> - -<p>A party was detailed for the work, and going down unobserved and -unsuspected to New Jerusalem, they arrested him at night, and brought -him up to Bannack, without the knowledge of a single soul, except his -actual captors. As it was deemed necessary for the safety of society, -that a sudden punishment should be meted out to him, in such a manner -that the news should fall upon the ears of his associates in crime, -like a thunderbolt from a clear sky, he was taken to Hangman’s Gulch, -and, maintaining the most dogged silence and the most imperturbable -coolness, to the last<span class="pagenum" id="Page_194">[Pg 194]</span> moment, he was hanged on the same gallows which -Plummer himself had built for the execution of his own accomplice, -Horan, and on which he himself had suffered.</p> - -<p>The first intelligence concerning his fate was obtained from the sight -of his dead body, swinging in the wind on the following morning. Before -his corpse was taken down for burial, a photographic artist took a -picture of the scene, preserving the only optical demonstration extant -of the reward of crime in Montana.</p> - -<p>Thus died R. C. Rawley. A “passenger” or two attended his final march -to the grave, and, shrouded in the rayless gloom of a night as dark -as despair, thus perished, unshrieved and unknelled, the last of the -tribe of spies, cut-throats and desperadoes, who, in the early days of -Bannack, had wrought such horrors in the community.</p> - -<p>The effect of the execution was magical. Not another step was taken to -organize crime in Bannack, and it has remained in comparative peace and -perfect security ever since.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXVIII">CHAPTER XXVIII.<br /><span class="small"><span class="allsmcap">THE TRIAL AND DEATH OF JOHN KEENE</span> alias <span class="allsmcap">BOB BLACK, THE MURDERER OF -HARRY SLATER</span>.</span></h2> -</div> - - - -<p class="poetry"> -<span style="margin-left: 1em;">“Oh, my offense is rank; it smells to Heaven;</span><br /> -<span style="margin-left: 1em;">It hath the primal, eldest curse upon it.”—<span class="smcap">Hamlet.</span></span><br /> -</p> - - -<p>The stern, yet righteous, retribution which the Vigilantes had -inflicted on the murderers and marauders in the southern and western -part of the Territory, had worked its effect, and little need was there -of any further examples, for a long time in the vicinity of Virginia -and Bannack; but the restless spirit of enterprise which distinguishes -the miners of the West, soon urged the pioneers to new discoveries, -creating another centre of population, and thither, like a heron to her -haunt, gathered the miners, and, of course, those harpies who live by -preying upon them.</p> - -<p>Many others who had spent a roving and ill regulated<span class="pagenum" id="Page_195">[Pg 195]</span> life, poured into -the new diggings, which bore the name of Last Chance Gulch, situated on -the edge of the romantic valley of the Prickly Pear, where now stands -the flourishing city of Helena, in the county of Edgerton, second -in size and importance only to Virginia, and rapidly increasing in -extent, wealth and population. This place, which was then regarded as -a new theatre of operation for the desperadoes, is almost one hundred -and twenty-five miles N. N. W. from the metropolis of Montana; and -no sooner were the diggings struck, by a party consisting mainly, of -Colorado men, than a rush was made for the new gulch, and a town arose -as if by magic. As usual in such cases, the first settlers were a -motley crowd, and though many good men came with them, yet the number -of “hard cases” was great, and was speedily increased by refugees -from justice, and adventurers not distinguished for morality, or for -any undue deference for the moral precepts contained in the sixth and -eighth commandments.</p> - -<p>Among the desperadoes and refugees who went over there was Harry -Slater—a professional gambler and a “rough” of reputation. At Salt -Lake, he would have shot Colonel W. F. Sanders, in the back, had he -not been restrained; and many an outrage had he committed. His sudden -flight from Virginia alone saved his neck, a mere accident having saved -him from summary execution, the night before he left for Helena, where -he met his death at the hands of John Keene formerly a bar-keeper -to Samuel Schwab, of the Montana Billiard Saloon, in Virginia, and -originally, as will be seen from the biographical sketch appended to -this chapter—from the “River,” where, as “Bob Black” he figured as a -first-class murderer and robber, before he came to the mining regions, -and quarrelling with Slater at Salt Lake City, roused again those evil -passions, the indulgence of which finally brought him to the fatal -tree, in Dry Gulch, where the thieves and murderers of the northern -section of the country have so often expiated their crimes by a sudden -and shameful death.</p> - -<p>Slater arrived first in Helena, and Keene, who had signalized his stay -in Virginia by attempting to kill or wound Jem McCarty, the bar-keeper -at Murat’s Saloon, (better<span class="pagenum" id="Page_196">[Pg 196]</span> known as the “Court’s,”) with whom he had a -quarrel, by throwing large pieces of rock at him, through the window, -at midnight. He, however, missed his mark; the sleepers escaped, and -the proprietors sustained little more damage than the price of broken -windows.</p> - -<p>Slater did not know that Keene was in town, and was sitting in the -door-way of Sam Greer’s saloon, with his head down, and his eyes shaded -by his hat. Keene was walking along the street talking to a friend, -when he spied Slater within a few feet of him, and without saying a -word, or in any way attracting the notice of Slater, he drew his pistol -and fired two shots, the first took effect over the outer angle of -the eye, ranging downwards and producing instant death. The murderer -put up his pistol and turned quickly down an alley, near the scene of -the murder. Here he was arrested by C. J. D. Curtis, and “X” coming -up, proposed to deliver him over to Sheriff Wood. This being done, -the Sheriff put him, for want of a better place, in his own house, -and kept him well guarded. As thousands of individuals will read this -account who have no distinct or accurate notion of how a citizen trial, -in the West, is conducted, the account taken by the special reporter -of the <span class="smcap">Montana Post</span>, which is minutely exact and reliable in -all its details, is here presented. The report says that after the -arrest of Keene and his committal to the custody of the Sheriff, strong -manifestations of disgust were shown by the crowd, which soon collected -in front of the temporary prison, and a committee at once formed to -give the murderer a hasty trial. Sheriff Wood with what deputies he -could gather around him in a few moments, sternly and resolutely -refused to deliver the prisoner into the hands of the Committee, and -at the same time made the most urgent and earnest appeals to those -demanding the culprit; but finally, being carried by main force from -his post, and overpowered by superior numbers, his prisoner was taken -from him.</p> - -<p>A court-room was soon improvised in an adjacent lumber yard, the -prisoner marched into it, and the trial immediately commenced, Stephen -Reynolds presiding, and the Jury composed of <abbr title="misters">Messrs.</abbr> Judge Burchett -(Foreman,) S. M. Hall, Z. French, A. F. Edwards, —— Nichols, S. -Kayser, Edward<span class="pagenum" id="Page_197">[Pg 197]</span> Porter, —— Shears, Major Hutchinson, C. C. Farmer and -Ed. House.</p> - -<p>No great formality was observed in the commencement of the impromptu -trial. <abbr title="doctor">Dr.</abbr> Palmer, Charles Greer and Samuel Greer were sworn to -testify. <abbr title="doctor">Dr.</abbr> Palmer started to give his evidence, when he was -interrupted by the culprit, getting up and making a statement of the -whole affair, and asserting that he acted in self-defense, as the -deceased was in the act of rising with his hand on his pistol, and had -threatened to take his life, and on a former occasion, in Great Salt -Lake City, had put a Derringer into his mouth.</p> - -<p>A <abbr title="mister">Mr.</abbr> Brobrecker then got up and made some very appropriate remarks, -cautioning the men on the jury not to be too hasty, but to well and -truly perform their duty; weigh the evidence well, and give a verdict -such as their conscience would hereafter approve.</p> - -<p>Sam. Greer then testified to being an eye witness of the deed. Heard -the first shot, did not think anybody was hit; told Keene to “hold on,” -when he saw Slater fall over; did not hear any words spoken by either -of the parties; did not know for certain whether the prisoner was the -man who shot Slater.</p> - -<p>Prisoner—I am the gentleman.</p> - -<p><abbr title="doctor">Dr.</abbr> Palmer said that when he made an examination of the deceased he did -not find a pistol in his scabbard.</p> - -<p>Sam. Greer—The pistol was put into my hands, and placed behind the bar -by me, after the shooting took place.</p> - -<p>Charley Greer (sworn)—I have been sick lately, and was too excited -to make any close observation; was not more than three or four feet -from the party killed, when the shooting occurred; thought the man was -shooting at some dogs in the saloon.</p> - -<p>Charles French (sworn) says: Came down street, stopped first door below -Lyon’s barber-shop, at the clothing store of Barned; saw a man coming -up the street towards Greer’s saloon; heard some one cry, “Don’t shoot, -John; you’ll hurt somebody.” Soon after, saw the man shoot; thought -he was only firing off his pistol to scare somebody; but he saw the -deceased man fall, and the other go down street and turn into an alley. -Don’t know the man that fired the shots.</p> - -<p><span class="pagenum" id="Page_198">[Pg 198]</span></p> - -<p>Q.—Is this the man?</p> - -<p>A.—Cannot tell; it is too dark. (A candle was brought) I think it is -the same man; I am pretty certain it is.</p> - -<p><abbr title="doctor">Dr.</abbr> Palmer again testified: The deceased was shot over the right eye; -never spoke, and died in three minutes after being shot.</p> - -<p>James Binns, (sworn)—Was on the opposite side of the street; heard the -first shot fired; and saw the second one. Heard Greer say, “hold on,” -and saw the man fall over, and the other man go through the alley.</p> - -<p>[Calls by the crowd for James Parker.]</p> - -<p>James Parker, (sworn)—Keene overtook me, to-day, on the summit, coming -from Blackfoot. We rode together. He inquired of me whether Slater -was in town, and told me of some difficulty existing between them, -originating in Salt Lake City; Slater having thrust a Derringer into -his mouth, and ran him out of the city.</p> - -<p>Prisoner here got up and said. That he had told Parker, he hoped he -should not see Slater, as he did not want any difficulty with him, or -some such conversation.</p> - -<p>James Geero (Hogal) called for, (sworn)—[Here the wind extinguished -our candle, and being in the open air, before we could relight it, we -missed all the testimony but the last words.—<span class="smcap">Reporter.</span>] Know -nothing about the shooting affair.</p> - -<p>At this moment a voice in the crowd was heard crying: “John Keene, come -here”—which caused the guards to close around the prisoner.</p> - -<p><abbr title="mister">Mr.</abbr> Phillips, (sworn)—Don’t know anything about the affair; but saw -Slater fall. Don’t know who fired. Know what Jem Geero says to be true. -Saw Slater sit in this position, (here <abbr title="mister">Mr.</abbr> P. showed the position -Slater was in when shot,) saw Slater sitting in the door; did not see -him have a revolver.</p> - -<p>Prisoner asked to have some witnesses sent for; he said that the -original cause of his trouble with Slater was his taking Tom Baum and -Ed. Copeland’s part, in a conversation about the Vigilance Committee -of last year. Slater then called him a Vigilante ——, and drove him -out of town; this was in Salt Lake City. Then he went to Virginia<span class="pagenum" id="Page_199">[Pg 199]</span> -City, and from there to Blackfoot. Slater was a dangerous man; he had -killed two men in Boise. He said he had gone to work at mining in -Blackfoot, and came over to Helena on that day, to see a man—Harlow. -“When I first saw Slater, to-day, he smacked my face with both hands -and called me a —— Irish —— and said he would make me leave town; -I went and borrowed a revolver of Walsh.” He requested them to send -for an Irishman called Mike, who works on the brickyard, and who heard -the last conversation. He wanted <abbr title="mister">Mr.</abbr> Phillips to give a little more -testimony.</p> - -<p><abbr title="mister">Mr.</abbr> P.—I know him to go armed and equipped; saw him draw a weapon on a -former occasion; saw him make a man jump down twenty pair of stairs.</p> - -<p>Motion of the jury to retire. Cries of “aye!” and “no! go on with the -trial.” A voice—“Send for Kelly, the man who was talking to Slater at -the time he was shot.” Cries of “<abbr title="mister">Mr.</abbr> Kelly! <abbr title="mister">Mr.</abbr> Kelly!” and “Dave <abbr title="saint">St.</abbr> -John.” Neither of these men could be found.</p> - -<p>A motion to increase the number of the guard to forty was carried.</p> - -<p>Prisoner again asked to have men sent for his witnesses.</p> - -<p>Jack Edwards—I am willing to wait till morning for the continuance of -the trial, but the guard must be increased; I hear mutterings in the -crowd about a rescue.</p> - -<p>A voice—It can’t be done.</p> - -<p>Prisoner—I want a fair and just trial.</p> - -<p>Preparations were now made for a strong guard, forming a ring round the -prisoner.</p> - -<p>Objections were raised, at this juncture, to whispering being carried -on between the culprit and his friends.</p> - -<p>A report came in that the Irish brickmaker could not be found at his -shanty.</p> - -<p>A motion to guard the prisoner till morning, to give him time to -procure witnesses, was lost; but being afterwards reconsidered, it was -finally carried.</p> - -<p>Judge N. J. Bond then got up, and in a short and able speech to the -jury, advised them to hear more testimony before convicting the -prisoner. He also proposed the hour of 8 <span class="allsmcap">A. M.</span>, next day, for -the meeting of the jury, and the hour of 9 <span class="allsmcap">A. M.</span>, for bringing -in their verdict. The latter<span class="pagenum" id="Page_200">[Pg 200]</span> proposition was agreed to, and the -prisoner taken in charge by the guard.</p> - -<p>The dense crowd slowly dispersed talking in a less blood-thirsty strain -than they had done three or four hours before.</p> - - -<h3>SECOND DAY.</h3> - -<p>The morning dawned serenely upon a large concourse of people, standing -before the prison and in front of the California Exchange—the place -selected for a jury room.</p> - -<p>The jury met a few minutes past 8 <span class="allsmcap">A. M.</span>, and <abbr title="mister">Mr.</abbr> Boyden was -sent for, and the examination of witnesses resumed.</p> - -<p><abbr title="mister">Mr.</abbr> B., (sworn)—I have known Keene from childhood; know his parents -and relatives; met Keene yesterday on the street; did not know him at -first sight, until he spoke to me; told me that he was looking for a -gentleman in town, who had, as an act of kindness taken up some claims -for him; was walking up street with me; then stopped to shake hands -with a man named Kelly, who was sitting on some logs in the street; -when we left him. Keene walked faster than I did, and was a few steps -ahead of me; when in front of Greer’s saloon, I saw a man sitting in -the door, (Greer’s;) did not see Keene draw his revolver, but saw the -first shot fired, and heard Keene say, “You ——, you have ruined me in -Salt Lake City.” This was said after the shooting. Do not think Slater -saw Keene at all. Slater was sitting down; I was about five feet from -both men; John Keene was about ten feet from Slater.</p> - -<p>Q.—Was Kelly with you at that time?</p> - -<p>A.—No; Kelly never left the place where he shook hands with Keene.</p> - -<p>Q.—Do you know anything about his character?</p> - -<p>A.—I have known him for about ten years; he left Saint Paul about -eighteen months ago; know nothing about his course or conduct -since that time; he was considered a fast young man, but good and -kind-hearted; when I conversed with him yesterday, he spoke about a -man that had ruined him in Salt Lake City, but he did not mention any -names; I did not know anything of the particulars of his (prisoner’s) -former difficulties with Slater; never saw Slater and Keene together.</p> - -<p>Michael McGregor, (sworn)—I saw Keene in the afternoon;<span class="pagenum" id="Page_201">[Pg 201]</span> he came to -me in the flat, (a point in the lower part of the gulch;) shook hands -with me, and then left for town; did not know of the difficulty between -Slater and Keene; Keene never spoke to me about it.</p> - -<p>D. <abbr title="saint">St.</abbr> John, (sworn)—Don’t know anything about the shooting affair; -was fifteen miles from here when it took place. [The witness here -gave some testimony not bearing directly on the case, which was not -admitted.]</p> - -<p>This closed the examination. The jury went into secret session.</p> - -<p>At ten minutes to ten o’clock, the jury came from their room to the -place of trial, in the lumber yard, where preparations were made -immediately for the reception of the prisoner.</p> - -<p>At ten o’clock, the culprit made his appearance on the ground, under an -escort of about fifty well armed men. A circle was formed by the guard -and the prisoner placed in the center. His appearance was not that of a -man likely to die in a few minutes. He looked bravely around the crowd, -nodding here and there to his acquaintances, and calling to them by -name. Captain Florman having detailed his guard, gave the word, “all -ready.” The foreman of the jury then opened the sealed verdict: “We, -the jury, in the case of the people of Montana versus John Keene, find -him guilty of murder in the first degree.”</p> - -<p>A Voice—“What shall be done?”</p> - -<p>Several voices in the crowd—“Hang him! hang him!”</p> - -<p>The President here rose and said he wished to hear some expression of -the public sentiment or motions in the case.</p> - -<p>Calls were made for Colonel Johnson. The Colonel addressed the assembly -in an appropriate speech, which was followed by a few short and -pertinent remarks from Judge Bond.</p> - -<p>On motion of A. J. Edwards, the testimony of <abbr title="misters">Messrs.</abbr> Boyden and Michael -McGregor was read, and thereupon Judge Lawrence rose and said he was -sure Keene had all the chance for a fair trial he could have wished, -and motioned to carry the jury’s verdict into execution. Passed.</p> - -<p>The prisoner here got up and said: “All I wanted was a fair and just -trial; I think I have got it, and death is my<span class="pagenum" id="Page_202">[Pg 202]</span> doom; but I want time to -settle up my business; I am not trying to get away.”</p> - -<p>He was granted an hour’s time to prepare for his execution. The -committee fixed the hour of execution at 11¹⁄₂ o’clock <span class="allsmcap">A. M.</span> -Keene remarked that he hadn’t any money to pay expenses—and was told -that it should not cost him a cent. The guard now took charge of the -doomed man, and escorted him to an adjacent house, in order that he -might arrange his affairs.</p> - -<p>At 11 <span class="allsmcap">A. M.</span> crowds of people could be seen ascending the hill -north of Helena, and not a small number of ladies were perceptible in -the throng. The place of execution was chosen with a due regard to -convenience and economy—a large pine tree, with stout limbs, standing -almost alone, in a shallow ravine, was selected for the gallows.</p> - -<p>At 11 <span class="allsmcap">A. M.</span>, the prisoner, accompanied by the Rev. <abbr title="mister">Mr.</abbr> -McLaughlin, arrived in a lumber wagon. A dry-goods box and two planks, -to form the trap, were in the same vehicle. The unfortunate victim -of his unbridled passions sat astride of one of the planks, his -countenance exhibiting the utmost unconcern, and on his arrival at -the tree, he said: “My honor compelled me to do what I have done.” He -then bade good-bye to some of his acquaintances. The wagon having been -adjusted so as to bring the hind axle under the rope, a plank was laid -from the dry-goods box to another plank set upon end, and the trap was -ready.</p> - -<p>At four minutes to twelve o’clock, the prisoner’s arms were pinioned, -and he was assisted to mount the wagon. Standing on the frail platform, -he said, in a loud and distinct voice: “What I have done, my honor -compelled me to do. Slater run me from Salt Lake City to Virginia, and -from there to this country. He slapped me in the face here, yesterday; -and I was advised by my friends to arm myself. When Slater saw me, -he said ‘There is the Irish ——; he has not left town yet.’ Then I -commenced firing. My honor compelled me to do what I have done.” Here -he called for a drink of water, which was procured as speedily as it -could be brought to the top of the hill. He took a long, deep draught -of the water, and the rope was adjusted round his neck. A handkerchief -being thrown over his face,<span class="pagenum" id="Page_203">[Pg 203]</span> he raised his hand to it and said: “What -are you putting that there for? Take it off.” Stepping to the end of -the trap, he said: “What I have done to Slater, I have done willingly. -He punished me severely. Honor compelled me to do what I have done. -He run me from town to town; I tried to shun him here; but he saw -me—called me a —— and smacked me in the face. I did not want any -trouble with him; my honor compelled me to do what I have done. I am -here, and must die; and if I was to live till to-morrow I would do the -same thing again. I am ready; jerk the cart as soon as you please.”</p> - -<p>At seven minutes past twelve, the wagon started, the trap fell, and -Keene was launched into eternity. He fell three and a half feet without -breaking his neck. A few spasmodic struggles for three or four minutes, -were all that was perceptible of his dying agonies. After hanging half -an hour, the body was cut down and taken in charge by his friends.</p> - -<p>So ended the first tragedy at Helena. The execution was conducted by -<abbr title="mister">Mr.</abbr> J. X. Biedler, and everything went off in a quiet and orderly -manner. Many familiar faces, known to Virginia men in the trying times -of the winter of ’64, were visible.</p> - -<p>The effect, in Helena, of this execution was electrical. The roughs -saw that the day had gone against them, and trembled for their lives. -There were in town, at that time, scores of men from every known -mining locality of the West, and many of them were steeped to the -lips in crime. Such a decision as that now rendered by a jury of the -people boded them no good. They saw that the citizens of Montana had -determined that outrage should be visited with condign punishment, -and that prudence dictated an immediate stampede from Helena. Walking -about the streets, they occasionally approached an old comrade, and -furtively glancing around, they would give expression to their feelings -in the chartered form of language peculiar to mountaineers who consider -that something extraordinary, unjust, cruel or hard to bear, is being -enacted, “Say, Bill, this is rough, ain’t it?” To which the terse reply -was usually vouchsafed, “It is, by thunder; —— rough.” Cayuses began -to rise rapidly in demand and price. Men went “prospecting” (?) who -had<span class="pagenum" id="Page_204">[Pg 204]</span> never been accused of such an act before; and a very considerable -improvement in the average appearance of the population soon became -visible.</p> - -<p>A constant stream of miners and others was now pouring into the -Territory, from the West, and the consequence was that thinking portion -of the citizens of Helena began to see that a regular organization of -an independent Vigilance Committee was necessary to watch over the -affairs of the young city, and to take steps for both the prevention -of crime and for the punishment of criminals. There were in the town a -considerable number of the old Committee; these, with few exceptions, -gave the movement their sanction, and the new body was speedily and -effectively organized; an executive elected, companies formed, under -the leadership of old hands who had mostly seen service in the perilous -times of ’63-4. A sketch of their subsequent operations will appear in -this work, and also an account of the terrible massacre and robbery -of the passengers of the Overland coach, in the Portneuf canyon, -near Snake river, I. T., together with an account of the capture and -execution of Frank Williams, who drove the stage into the ambush.</p> - -<p>As it was asserted by Keene that Slater had slapped him in the face, -and otherwise insulted him in Helena, before the firing of the fatal -shot, it is proper to state that such was not the case. Slater was -entirely ignorant of Keene’s presence in town; in fact, the other, it -will be remembered, had only just previously arrived there, riding -with the witness who swore he crossed the Divide in his company. It -is also an entire mistake to suppose that Keene was a man of good -character or blameless life. The following statement of his previous -career of crime, in the East, will be read with interest by many who -are under the impression that the murder of Slater was his first -offense. It is taken from the Memphis “Appeal,” of November 24th, 1865, -and, of course, was written without any intention of being published -in this work, or of furnishing any justification of the Vigilance -Committee. If such had been the intention, it would have been a work of -supererogation; for never was a case of murder in the first degree more -fully proven. The homicide<span class="pagenum" id="Page_205">[Pg 205]</span> in broad day light, and the evident malice -“prepense” were matters of public notoriety:</p> - -<p>“Of the many strange circumstances born of and nurtured by the past -war, a parallel to the catalogue of crime herein given has been rarely, -if ever, met with.</p> - -<p>“In this vicinity, near three years ago, the name of ‘Bob Black’ -has, on more than one occasion, struck terror to the hearts of a -large number of countrymen, cotton buyers and sellers, whose business -compelled them to enter or make their exit from the city by the way of -the Hernando or Horn Lake roads.</p> - -<p>“‘Bob Black’ came to this city about six years ago, bringing with -him a good character for honesty and industry and continued to work -steadily here until the outbreak of the war. At that time he desired -to enter the gunboat service, and for that purpose left this city for -New Orleans; and, after remaining there some time, he joined the crew -of a Confederate ram, the name of which has since slipped our memory. -While on his way up from New Orleans, he became enraged at some wrong, -real or fancied, at the hands of the captain of the ram, and being of a -very impulsive nature, seized a marling-spike, and with a blow, felled -the captain to the deck. He was immediately placed in irons, and upon -the arrival of the gunboat at Fort Pillow, was handed over to General -Villipigue, for safe keeping. A court-martial was ordered, and while -in progress, the evacuation of Fort Pillow became necessary, and the -prisoner was transferred to Grenada, Mississippi. In the confusion of -everything about Grenada at that time, he managed to effect his escape, -and passing immediately through the Confederate lines, reached Memphis -a few days after its occupation by the Federal authorities. Without any -means to provide himself with food or clothing, with a mind borne down -with trouble and suffering, and bereft of every hope from which the -slightest consolation might be derived, the once honest man was driven -to a career of desperation and crime which, if given in its details, -would cause the blood-thirsty tales of the yellow-covered trash to pale -for their very puerility and tameness.</p> - -<p>“In this condition of mind and body he remained in the city<span class="pagenum" id="Page_206">[Pg 206]</span> for some -time, wandering about here and there; until one day, while standing -at the Worsham House corner, he became involved in a quarrel with one -James Dolan, a member of the Eighth Missouri Regiment, a large and -powerful man, while Black was a man of medium height and stature. Words -between the parties waged furious, and finally Dolan struck Black with -a cane which he had with him; but quickly warding off the blow, Black -wrenched the cane from his adversary and dealt him a blow, which so -fractured the skull of Dolan as to cause death within a short time -thereafter. Black effected his escape from the city, and with a couple -of accomplices, began a system of wholesale murder and robbery on the -Hernando road. The atrocity and boldness of these acts created the -greatest excitement in Memphis.</p> - -<p>“Several parties were robbed of sums varying from one to as high as -ten thousand dollars, and, in one instance, a speculator was compelled -to disgorge to the amount of five thousand dollars in gold. Of -course, these rascals, of whom Black was the leader, often met with -men who would make resistance rather than give up their money; and -in this way no less than three or four fell victims to the fiendish -spirit exhibited by these scoundrels. It was finally agreed upon by -the military commanders of the district, on both sides, that means -should be taken which would insure their capture. Accordingly a squad -of Blythe’s battalion, of the rebel army, were sent in pursuit, and -succeeded in capturing, about ten miles out of the city, Black and his -companion, a fellow young in years, named Whelan. They were placed in -the guard-house in Hernando, we believe, and at a pre-concerted signal -attacked the guard, and mounting some horses belonging to the soldiers, -made off at a rapid rate. The guard immediately started in pursuit, and -coming upon Whelan, who was some distance behind Black, shot and killed -him. Black again escaped, and applied himself with more vigor than ever -to the plundering, stealing and robbing of everybody and everything -that came within his reach. He would frequently ride into this city at -night, passing through the lines at will; and, as an instance of his -audacity, on one occasion rode down Adams street, and fired several -shots into the station house. It was reported that he had accumulated<span class="pagenum" id="Page_207">[Pg 207]</span> -large sums of money, and the report proved correct. As his business -became either too tiresome or too dangerous, he came to the city, -disguised, and took passage on a boat for the North. Since that time, -and until recently, nothing has been heard from him. It seems that -after leaving Memphis, he went to <abbr title="saint">St.</abbr> Paul, Minnesota, and embarked in -the staging and saloon business, under his proper name, John Keene. His -restless spirit could not stand the monotony of such a dull business -(to him), and, organizing a band of some twenty men, he started for the -Territories.”</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="CHAPTER_XXIX">CHAPTER XXIX.<br /><span class="small"><span class="allsmcap">CAPTURE AND EXECUTION OF JAKE SILVIE</span> alias <span class="allsmcap">JACOB -SEACHRIEST, A ROAD AGENT AND MURDERER OF TWELVE YEARS STANDING, AND THE -SLAYER OF TWELVE MEN.</span></span></h2> -</div> - - -<div class="blockquot"> - -<p>“Whoso sheddeth man’s blood, by man shall his blood be shed.”</p> - -<p> -<span class="smcap">God’s Law.</span><br /> -</p> -</div> - - - -<p>The crimes and punishment of many a daring desperado, have been -chronicled in these pages; but among them all, none was more worthy -of death than the blood-stained miscreant whose well deserved fate is -recorded in this chapter. According to his own confession—made, when -all hope was gone, and death was inevitable, and when nothing was to -be gained by such a statement, but the disburdening of a conscience -oppressed by the weight of guilt—Jacob Seachriest was a native of -Pennsylvania, and had been a thief, Road Agent and murderer for twelve -years; during which time he had murdered, single-handed or in company -with others, twelve individuals.</p> - -<p>In a former chapter of this history—the one detailing the arrest and -execution of Jem Kelly at Snake River—it will be remembered that the -body of a man, shot through the back of the head, was found in a creek -by a patrol of the<span class="pagenum" id="Page_208">[Pg 208]</span> Vigilantes, and buried in a willow coffin. The full -particulars of the tragedy we are unable to furnish to our readers; but -Seachriest confessed that he and his comrades cast lots to determine -who should commit the bloody deed, it being repugnant, even to their -notions of manhood, to crawl up behind an unarmed man, sitting quietly -on the bank of a creek, and to kill him for the sake of what he might -chance to possess, without exchanging a word. The “hazard of the die” -pointed out Seachriest as the assassin; and with his pistol ready -cocked, he stole upon his victim and killed him instantly, by sending -a ball through his brain. A stone was fastened to the body, and it was -sunk in a hole formed by an eddy, in the stream, the thieves having -first appropriated every article of value about his person.</p> - -<p>The captain was much moved by the sad spectacle, though well accustomed -to the sight of murdered victims, having served through the war against -the border ruffians, in “Bleeding Kansas,” and having gone through -a chequered career of adventure, including five years life by the -camp-fire. He said, with much emotion, “Boys, something tells me I’ll -be at the hanging of this man’s murderer, within twelve months of this -day;” and so it fell out, though most unexpectedly.</p> - -<p>Shortly after the execution of John Keene for the murder of Slater, -information was sent to the Committee, that a man named Jake Silvie -had been arrested at Diamond City—a flourishing new mining camp -in Confederate Gulch, one of the largest and richest of the placer -diggings of Montana. The town is about fifteen miles beyond the -Missouri, and about forty miles East of Helena. The charges against -the culprit were robbery, obtaining goods under false pretenses, and -various other crimes of a kindred sort. It was also intimated that he -was a man of general bad character, and that he had confessed enough to -warrant the Committee in holding him for further examination, though -the proof of his commission of the principal offense of which he was -accused was not greater, at the time, than would amount to a strong -presumption of guilt.</p> - -<p>The messenger brought with him copies of the confession made by -the prisoner, under oath, before the proper person to receive an -obligation. The substance of his story was<span class="pagenum" id="Page_209">[Pg 209]</span> that he was an honest, -hard-working miner; that he had just come into the country, by the way -of Salt Lake City; that on reaching Virginia City, and while under the -influence of liquor, he had fallen into bad company, and was initiated -into an organized band of robbers. He gave the names of about a dozen -of the members of the gang, and minutely described the signs of -recognition, etc. It was evident, from his account that the ceremonies -attending the entry into this villainous fraternity were simple and -forcible, although not legal. The candidate was placed in the center of -a circle formed of desperadoes; one or two revolvers at full cock were -presented at his head, and he was then informed that his taking the -obligation was to be a purely voluntary act on his part; for that he -was at perfect liberty to refuse to do so; <span class="allsmcap">ONLY</span>, in that case, -that his brains would be blown out without any further ceremony. Though -not a man of any education, Silvie could not afford to lose his brains, -having only one set, and he therefore consented to proceed, and swore -through a long formula, of which, he said he recollected very little, -distinctly, except a pledge of secrecy and of fidelity to the band.</p> - -<p>On receipt of the intelligence, a captain, with a squad of four or -five men, was immediately dispatched to Diamond City, with orders to -bring the prisoner to Helena as soon as possible. The party lost but -little time in the performance of their duty, and on the following day -the chief of the Committee rode out, as previously agreed upon, in -company with X (a letter of the alphabet having singular terrors for -evil doers in Montana, being calculated to awaken the idea of crime -committed and punishment to follow, more than all the rest of the -alphabet, even if the enumeration were followed by the repetition of -the ten commandments,) and meeting the guard in charge of the prisoner, -they accompanied them into town. Silvie was confined in the same cabin -in which John Keene past his last night on earth. A strong guard was -detailed for the purpose of watching the prisoner, and the Committee -being summoned, the case was investigated with all due deliberation; -but the Committee were not entirely satisfied that the evidence, -though complete, was all of such a reliable character as to justify a -conviction;<span class="pagenum" id="Page_210">[Pg 210]</span> and, therefore, they preferred to adjourn their inquiry, -for the production of further testimony. This was accordingly done, and -the prisoner was removed to an obscure cabin, in a more remote part of -the town, where the members of the Committee would have an opportunity -of free access to him and might learn from his own lips what sort of a -man they had to deal with.</p> - -<p>They were not long in arriving at a satisfactory conclusion on -this point. He at first adhered to and repeated his old story and -confession; but gaining a little confidence, and thinking there was -not much danger to be apprehended from the action of the Committee, he -at length denied every word of his former statement, made under oath; -said it was all false; that he knew of no such organization as he had -told of, and declared that he had been compelled to tell this for his -own safety. After being cross questioned pretty thoroughly, he told -the truth, stating that he had given a correct statement in the first -place; only, that instead of joining the band in Virginia City, he had -become acquainted with some of the leaders, on the Columbia River, on -the way up from Portland, and that he had accompanied them to Virginia -City, <abbr title="Montana">M. T.</abbr>, travelling thither by the way of Snake River. (It was on -this trip that he committed the murder before described.) This was a -fatal admission on the part of the prisoner, as it completed the chain -of evidence that linked him with the desperadoes whose crimes have -given an unenviable notoriety to the neighborhood of that affluent of -the Columbia—the dread of storm-stayed freighters and the grave of so -many victims of marauders—Snake River.</p> - -<p>Another meeting of the Executive Committee was called during the -day, and after due deliberation, the verdict was unanimous that he -was a Road Agent, and that he should receive the just reward of -his crimes, in the shape of the penalty attached to the commission -of highway robbery and murder, by the citizens of Montana. After a -long discussion, it was determined that he should be executed on the -murderer’s tree, in Dry Gulch, at an hour after midnight. The prison -guards were doubled, and no person was allowed to hold converse with -the prisoner, except by permission of the officers.</p> - -<p><span class="pagenum" id="Page_211">[Pg 211]</span></p> - -<p>The execution at night was determined upon for many sufficient reasons. -A few of them are here stated: It had been abundantly demonstrated that -but for the murder of Slater having occurred in open day, and before -the eyes of a crowd of witnesses, Keene would have been rescued; and -the moral effect produced by a public execution, among the hardened -sinners who compose a large part of the audience at such times, -is infinitely less than the terror to the guilty, produced by the -unannounced but inevitable vengeance which may at any moment be visited -upon their own heads. Such a power is dreaded most by those who fear -its exercise.</p> - -<p>The desire to die game, so common to desperadoes, frequently robs -death of half its terrors, if not of all of them, as in the case of -Boon Helm, Bunton and others. Confessions are very rarely made at -public executions in the mountains; though scarcely ever withheld at -private ones. There are also many honest and upright men who have a -great objection to be telegraphed over the west as “stranglers,” yet -who would cheerfully sacrifice their lives rather than by word or deed -become accessory to an unjust sentence. The main question is the guilt -of the prisoner. If this is ascertained without doubt, hour and place -are mere matters of policy. Private executions are now fast superseding -public ones, in civilized communities.</p> - -<p>There is not now—and there never has been—one upright citizen in -Montana, who has a particle of fear of being hanged by the Vigilance -Committee. Concerning those whose conscience tells them that they are -in danger, it is of little consequence when or where they suffer for -the outrages they have committed. One private execution is a more -dreaded and wholesome warning to malefactors than one hundred public -ones.</p> - -<p>If it be urged that public executions are desirable from the notoriety -that is ensured to the whole circumstances, it may fairly be answered -that the action of Judge, and jury, and counsel is equally desirable, -and, indeed, infinitely preferable, when it is effective and impartial, -to any administration of justice by Vigilance Committees; but, except -in the case of renowned Road Agents and notorious criminals whose names -are a by-word, before their arrest, or where the crime<span class="pagenum" id="Page_212">[Pg 212]</span> is a revolting -outrage, witnessed by a large number, the feeling of the community in -a new camp is against <span class="allsmcap">ANY</span> punishment being given, and the -knowledge of this fact is the desperadoes’ chief reliance for escape -from the doom he has so often dared, and has yet escaped.</p> - -<p>When informed of his sentence the prisoner seemed little affected by -it, and evidently did not believe it, but regarded it as a ruse on -the part of the Committee to obtain a confession from him. After the -shades of night had settled down upon the town of Helena, a minister -was invited to take a walk with an officer of the Vigilantes, and -proceeded in his company to the cabin where Silvie was confined, and -was informed of the object in view in requesting his attendance. He at -once communicated the fact to the culprit, who feigned a good deal of -repentance, received baptism at his own request, and appeared to pray -with great fervor. He seemed to think that he was cheating the Almighty -himself, as well as duping the Vigilantes most completely.</p> - -<p>At length the hour appointed for the execution arrived, and the matter -was arranged so that the prisoner should not know whither he was going -until he came to the fatal tree. The Committee were all out of sight, -except one man, who led him by the arm to the place of execution, -conversing with him in the German tongue, which seemed still further -to assure him that it was all a solemn farce, and that he should “come -out all right;” but when he found himself standing under the very tree -on which Keene was hanged and beheld the dark mass closing in on all -sides, each man carrying a revolver in his hand, he began to realize -his situation, and begged most piteously for his life, offering to tell -anything and everything, if they would only spare him. Being informed -that that was “played out,” and that he must die, his manner changed, -and he began his confession. He stated that he had been in the business -for twelve years, and repeated the story before related, about his -being engaged in the perpetration of a dozen murders, and the final -atrocity committed by him on Snake River. He stated that it was thought -their victim was returning from the mines, and that he had plenty of -money, which on an examination of him, after his death, proved to be a -mistake.</p> - -<p><span class="pagenum" id="Page_213">[Pg 213]</span></p> - -<p>The long and black catalogue of his crimes was too much for the -patience of the Vigilantes, who, though used to the confessions of -ordinary criminals, were unprepared to hear from a man just baptized, -such a fearful recital of disgusting enormities. They thought that it -was high time that the world should be rid of such a monster, and so -signified to the chief, who seemed to be of the same opinion, and at -once gave the order to “proceed with the execution.” Seeing that his -time was come, Silvie ceased his narrative, and said to the men, “Boys, -don’t let me hang more than two or three days.” He was told that they -were in the habit of burying such fellows as him in Montana. The word -“take hold,” was given, and every man present “tailed on” to the rope -which ran over the “limb of the law.” Not even the chief was exempt, -and the signal being given, he was run up all standing—the only really -merciful way of hanging. A turn or two was taken with the slack of the -rope, round the tree, and the end was belayed to a knot which projects -from the trunk. This being completed, the motionless body was left -suspended until life was supposed to be extinct, the Vigilantes gazing -on it in silence.</p> - -<p>Two men were then detailed, and stood, with an interval of about -two feet between them, facing each other. Between these “testers” -marched every man present, in single file, giving the pass-word of the -organization in a low whisper. One man was found in the crowd who had -not learned the particular “articulate sound representing an idea,” -which was so necessary to be known. He was scared very considerably, -when singled out and brought before the chief; but, after a few words -of essential preliminary precaution, he was discharged, breathing more -freely, and smiling like the sun after an April shower, with the drops -of perspiration still on his forehead.</p> - -<p>The Committee gradually dispersed, not as usually is the case, with -solemn countenances and thoughtful brows, but firmly and cheerfully; -for each man felt that his strain on the fatal rope was a righteous -duty, and a service performed to the community. Such an incarnate -fiend, they knew, was totally unfit to live,and unworthy of sympathy. -Neither courage, generosity, truth nor manhood, pleaded for mercy,<span class="pagenum" id="Page_214">[Pg 214]</span> -in his case, he lived a sordid and red-handed robber, and he died -unpitied, the death of a dog.</p> - -<p>Very little action was necessary on the part of the Vigilance -Committee, to prevent any combination of the enemies of law and order -from exerting a prejudicial influence on the peace and good order of -the capital; in fact, the organization gradually ceased to exercise its -functions, and, though in existence, its name, more than its active -exertions, sufficed to preserve tranquility. When Chief Justice Hosmer -arrived in the Territory, and organized the Territorial and County -Courts, he thought it his duty to refer to the Vigilantes, in his -charge to the Grand Jury, and invited them to sustain the authorities -as citizens. The old guardians of the peace of the Territory were -greatly rejoiced at being released from their onerous and responsible -duties, and most cheerfully and heartily complied with the request of -the Judiciary.</p> - -<p>For some months no action of any kind was taken by them; but, in the -summer of 1865, news reached them of the burning and sacking of Idaho -City, and they were reliably informed that an attempt would be made -to burn Virginia, also, by desperadoes from the West. That this was -true was soon demonstrated by ocular proof; for two attempts were -made though happily discovered and rendered abortive, to set fire to -the city. In both cases, the parties employed laid combustibles in -such a manner that, but for the Vigilance and promptitude of some old -Vigilantes, a most destructive conflagration must have occurred in -the most crowded part of the town. In one case the heap of chips and -whittled wood a foot in diameter had burnt so far only as to leave a -ring of the outer ends of the pile visible. In the other attempt a -collection of old rags were placed against the wall of an outbuilding -attached to the Wisconsin House, situated within the angle formed by -the junction of Idaho and Jackson streets. Had this latter attempt -succeeded, it is impossible to conjecture the amount of damage that -must have been inflicted upon the town, for frame buildings fifty feet -high were in close proximity, and had they once caught fire, the flames -might have destroyed at least half of the business houses on Wallace, -Idaho and Jackson streets.</p> - -<p><span class="pagenum" id="Page_215">[Pg 215]</span></p> - -<p>At this time, too, it was a matter of every day remark that Virginia -was full of lawless characters, and many of them thinking that the -Vigilantes were officially defunct, did not hesitate to threaten the -lives of prominent citizens, always including in their accusations, -that they were strangling ——. This state of things could not be -permitted to last; and, as the authorities admitted that they were -unable to meet the emergency, the Vigilantes reorganized at once, with -the consent and approbation of almost every good and order-loving -citizen in the Territory.</p> - -<p>The effect of this movement was marvellous; the roughs disappeared -rapidly from the town; but a most fearful tragedy, enacted in Portneuf -Canyon, Idaho, on the 13th of July roused the citizens almost to -frenzy. The Overland coach from Virginia to Salt Lake City, was -driven into an ambuscade by Frank Williams, and though the passengers -were prepared for Road Agents, and fired simultaneously with their -assailants, who were under cover and stationary, yet four of them, viz: -A. S. Parker, A. J. McCausland, David Dinan and W. L. Mers were shot -dead; L. F. Carpenter was slightly hurt in three places, and Charles -Parks was apparently mortally wounded. The driver was untouched, and -James Brown, a passenger, jumped into the bushes and got off, unhurt. -Carpenter avoided death by feigning to be in the last extremity, when a -villain came to shoot him a second time. The gang of murderers, of whom -eight were present at the attack, secured a booty of $65,000 in gold, -and escaped undetected.</p> - -<p>A party of Vigilantes started in pursuit, but effected nothing at -the time; and it was not till after several months patient work of a -special detective from Montana, that guilt was brought home to the -driver, who was executed by the Denver Committee, on Cherry Creek. -Eventually, it is probable that all of them will be captured, and meet -their just doom.</p> - -<p>The last offenders who were executed by the Vigilance Committee of -Virginia City, were two horse thieves and confessed Road Agents, named, -according to their own account John Morgan and John Jackson alias -Jones. They were, however, of the “alias” tribe. The former was caught -in<span class="pagenum" id="Page_216">[Pg 216]</span> the act of appropriating a horse in one of the city corrals. He -was an old offender, and on his back were the marks of the whipping -he received in Colorado for committing an unnatural crime. He was a -low, vicious ruffian. His comrade was a much more intelligent man, -and acknowledged the justice of his sentence without any hesitation. -Morgan gave the names and signs of the gang they belonged to, of -which Rattlesnake Dick was the leader. Their lifeless bodies were -found hanging from a hay-frame, leaning over the corral fence at the -slaughter house, on the branch, about half a mile from the city. The -printed manifesto of the Vigilantes was affixed to Morgan’s clothes -with the warning words written across it, “Road Agents, beware!”</p> - -<p>Outrages against person and property are still perpetrated -occasionally, though much less frequently than is usual in settled -countries; and it is to be hoped that regularly administered law will, -for the future, render a Vigilance Committee unnecessary. The power -behind the Throne of Justice stands ready, in Virginia City, to back -the authorities; but nothing except grave public necessity will evoke -its independent action.</p> - -<p>The Vigilance Committee at Helena and at Diamond City, Confederate -Gulch, were occasionally called upon to make examples of irreclaimable, -outlawed vagrants, who having been driven from other localities, -first made their presence known in Montana by robbery or murder; but -as the lives and career of these men were low, obscure and brutal, -the record of their atrocities and punishment would be but a dreary -and uninteresting detail of sordid crime, without even the redeeming -quality of courage or manhood to relieve the narrative.</p> - -<p>The only remarkable case was that of James Daniels, who was arrested -for killing a man named Gartley, with a knife, near Helena. The quarrel -arose during a game of cards. The Vigilantes arrested Daniels and -handed him over to the civil authorities, receiving a promise that he -should be fairly tried and dealt with according to law. In view of -alleged extenuating circumstances, the Jury found a verdict of murder -in the second degree, (manslaughter.) For this crime, Daniels was -sentenced to three years incarceration in the<span class="pagenum" id="Page_217">[Pg 217]</span> Territorial prison, by -the Judge of the United States Court, who reminded the prisoner of the -extreme lightness of the penalty as compared with that usually affixed -to the crime of manslaughter by the States and Territories of the -West. After a few weeks imprisonment, the culprit, who had threatened -the lives of the witnesses for the prosecution, during the trial, was -set at liberty by a reprieve of the Executive, made under a probably -honest, but entirely erroneous constitution of the law, which vests the -pardoning power in the President only. This action was taken on the -petition of thirty-two respectable citizens of Helena. Daniels returned -at once to the scene of his crime, and renewed his threats against the -witnesses, on his way thither. These circumstances coming to the ears -of some of the Vigilantes, he was arrested and hanged, the same night.</p> - -<p>The wife of Gartley died of a broken heart when she heard of the murder -of her husband. Previous to the prisoner leaving Virginia for Helena, -Judge L. E. Munson went to the capital expressly for the purpose of -requesting the annulling of the reprieve; but this being refused, he -ordered the rearrest, and the Sheriff having reported the fugitive’s -escape beyond his precinct, the Judge returned to Helena with the order -of the Acting-Marshal in his pocket, authorizing his Deputy to rearrest -Daniels. Before he reached town, Daniels was hanged.</p> - -<p>That Daniels morally deserved the punishment he received there can -be no doubt. That, legally speaking, he should have been unmolested, -is equally clear; but when escaped murderers utter threats of murder -against peaceable citizens mountain law is apt to be administered -without much regard to technicalities, and when a man says he is going -to kill any one, in a mining country, it is understood that he means -what he says, and must abide the consequences. Two human beings had -fallen victims to his thirst of blood—the husband and the wife. Three -more were threatened; but the action of the Vigilantes prevented the -commission of the contemplated atrocities. To have waited for the -consummation of his avowed purpose, after what he had done before, -would have been shutting the stable door after the steed was stolen. -The politic and the proper course would<span class="pagenum" id="Page_218">[Pg 218]</span> have been to arrest him and -hold him for the action of the authorities.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="BIOGRAPHICAL_NOTICES_OF_THE_LEADING_ROAD_AGENTS_OF_PLUMMERS_BAND_AND">BIOGRAPHICAL NOTICES OF THE LEADING ROAD AGENTS OF PLUMMER’S BAND, AND -OTHERS.</h2> -</div> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h3 class="nobreak" id="CHAPTER_XXX">CHAPTER XXX.<br /><span class="small">HENRY PLUMMER.</span></h3> -</div> - - - -<p>The following brief sketches of the career of crime which terminated so -fatally for the members of the Road Agent Band, are introduced for the -purpose of showing that they were nearly all veterans in crime before -they reached Montana; and that their organization in this Territory was -merely the culminating of a series of high-handed outrages against the -laws of God and man.</p> - -<p>Henry Plummer, the chief of the Road Agent Band, the narrative of whose -deeds of blood has formed the ground-work of this history, emigrated -to California in 1852. The most contradictory accounts of his place of -birth and the scene of his early days are afloat; upwards of twenty -different versions have been recommended to the author of this work, -each claiming to be the only true one. The most probable is that he -came to the West from Wisconsin. Many believe he was from Boston, -originally; others declare that he was an Englishman by birth, and -came to America when quite young. Be this as it may, it is certain, -according to the testimony of one of his partners in business, that, in -company with Henry Hyer, he opened the “Empire Bakery,” in Nevada City, -California, in the year 1853.</p> - -<p>Plummer was a man of most insinuating address and gentlemanly manners, -under ordinary circumstances, and had the art of ingratiating himself -with men, and even with ladies and women of all conditions. Wherever he -dwelt, victims and mistresses of this wily seducer were to be found.<span class="pagenum" id="Page_219">[Pg 219]</span> -It was only when excited by passion, that his savage instincts got -the better of him, and that he appeared—in his true colors—a very -demon. In 1856 or 1857, he was elected Marshal of the city of Nevada, -and had many enthusiastic friends. He was re-elected, and received -the nomination of the Democratic party for the Assembly, near the -close of his term of office; but as he raised a great commotion by his -boisterous demeanor, caused by his success, they “threw off on him,” -and elected another man.</p> - -<p>Before the expiration of his official year, he murdered a German named -Vedder, with whose wife he had an intrigue. He was one day prosecuting -his illicit amours, when Vedder came home, and, on hearing his -footsteps, he went out and ordered him back. As the unfortunate man -continued his approach, he shot him dead. For this offense, Plummer -was arrested and tried, first in Nevada, where he was convicted and -sentenced to ten years in the penitentiary; and second, in Yuba county, -on a re-hearing with a change of venue. Here the verdict was confirmed -and he was sent to prison.</p> - -<p>After several months confinement his friends petitioned for his -release, on the alleged ground that he was consumptive, and he was -discharged with a pardon signed by Governor John P. Weller. He then -returned to Nevada, and joined again with Hyer & <abbr title="company">Co.</abbr> in the “Lafayette -Bakery.”</p> - -<p>He soon made a bargain with a man named Thompson, that the latter -should run for the office of City Marshal, and, if successful, that he -should resign in Plummer’s favor. The arrangement became public, and -Thompson was defeated.</p> - -<p>Shortly after this, Plummer got into a difficulty in a house of -ill-fame, with a man from San Juan, and struck him heavily on the head -with his pistol. The poor fellow recovered, apparently, but died about -a year and half afterwards from the effect of the blow, according to -the testimony of the physician.</p> - -<p>Plummer went away for a few days, and when the man recovered he -returned, and walked linked with him through the streets. Plummer went -over to Washoe and, joining a gang of Road Agents, he was present at -the attack on Wells & Fargo’s bullion express. He leveled his piece at -the<span class="pagenum" id="Page_220">[Pg 220]</span> driver, but the barrels fell off the stock, the key being out, and -the driver, lashing his horses into full speed, escaped.</p> - -<p>He stood his trial for this, and, for want of legal proof, was -acquitted. He then returned to Nevada City.</p> - -<p>His next “difficulty” occurred in another brothel where he lived with -a young woman as his mistress, and quarreled with a man named Ryder, -who kept a prostitute in the same dwelling. This victim he killed with -a revolver. He was quickly arrested and lodged in the county jail of -Nevada. It is more than supposed that he bribed his jailor to assist -him in breaking jail. Hitherto, he had tried force; but in this case -fraud succeeded. He walked out in open day. The man in charge, who -relieved another who had gone to his breakfast, declared that he could -not stop him, for he had a loaded pistol in each hand when he escaped.</p> - -<p>The next news was that a desperado named Mayfield had killed Sheriff -Blackburn, whom he had dared to arrest him, by stabbing him to the -heart with his knife. Of course, Mayfield was immediately taken into -custody, and Plummer, who had lain concealed for some time, assisted -him to get out of jail, and the two started for Oregon, in company. -To prevent pursuit, he sent word to the California papers that he and -his comrade had been hanged in Washington Territory, by the citizens, -for the murder of two men. All that he accomplished in Walla Walla -was the seduction of a man’s wife. He joined himself, in Idaho, to -Talbert, alias Cherokee Bob, who was killed at Florence, on account of -his connection with this seduction. Plummer stole a horse, and went on -the road. In a short time, he appeared in Lewiston, and after a week’s -stay, he proceeded, with a man named Ridgley, to Orofino, where he and -his party signalized their arrival by the murder of the owner of the -dancing saloon, during a quarrel. The desperado chief then started for -the Missouri, with the intention of making a trip to the States. The -remainder of his career has been already narrated, and, surely, it -must be admitted that this “perfect gentleman” had labored hard for -the death on the gallows which he received at Bannack, on the 10th of -January, 1864.</p> - -<p>As one instance of the many little incidents that so often change a -man’s destiny, it should be related that when<span class="pagenum" id="Page_221">[Pg 221]</span> Plummer sold out of -the United States Bakery, to Louis Dreifus, he had plenty of money, -and started for San Francisco, intending to return to the East. It is -supposed that his infatuation for a Mexican courtezan induced him to -forego his design, and return to Nevada City. But for this trifling -interruption, he might never have seen Montana, or died a felon’s -death. The mission of Delilah is generally the same, whether her abode -is the vale of Sorek or the Rocky Mountains.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h3 class="nobreak" id="CHAPTER_XXXI">CHAPTER XXXI.<br /></h3> -</div> - -<h4>BOONE HELM.</h4> - -<p>This savage and defiant marauder, who died with profanity, blasphemy, -ribaldry and treason on his lips, came to the West from Missouri in the -spring of 1850. He separated from his wife, by whom he had one little -girl, and left his home at Log Branch, Monroe county, having first -packed up all his clothes for the journey. He went towards Paris, and, -on his road thither, called on Littlebury Shoot, for the purpose of -inducing him to go with him, in which he succeeded.</p> - -<p>Boone was, at this time, a wild and reckless character, when inflamed -by liquor, to the immoderate use of which he was much addicted. He -sometimes broke out on a spree, and would ride his horse up the steps -and into the Court House. Having arrived at Paris, Boone tried hard to -persuade Shoot to accompany him to Texas, and it is believed that he -obtained some promise from him to that effect, given to pacify him, he -being drunk at the time, for Shoot immediately afterwards returned home.</p> - -<p>About 9 <span class="allsmcap">P. M.</span>, Boone came from town to Shoot’s house and -woke him up out of bed. The unfortunate man went out in his shirt and -drawers, to speak with him, and as he was mounted, he stepped on to a -stile-block, placing his hand on his shoulder, conversing with him in a -friendly<span class="pagenum" id="Page_222">[Pg 222]</span> manner for a few minutes. Suddenly, and without any warning -of his intention, Boone drew his knife and stabbed Shoot to the heart. -He fell instantly, and died before he could be carried into the house. -He spoke only once, requesting to see his wife. The murderer rode off -at full speed. It seems that Boone had quarreled with his wife, and was -enraged with Shoot for not going with him to Texas, and that in revenge -for his disappointment, he committed the murder. Immediate pursuit was -made after the assassin.</p> - -<p><abbr title="mister">Mr.</abbr> William Shoot, the brother of the deceased, was at that time living -in the town of Hannibal, and immediately on receipt of the news, he -started in pursuit of the criminal. Boone Helm had, however, forty -miles start of him; but such good speed did the avenger make, that -pursuer and pursued crossed Grand Prairie together, Shoot arriving -at Roachport and Boone Helm at Booneville, within the space of a -few hours. Telegrams descriptive of the fugitive were sent in all -directions, and were altered as soon as it was discovered that the -murderer had changed his clothes. Shoot returned to Paris, and being -determined that Helm should not escape, he bought two horses and hired -Joel Moppen and Samuel Querry to follow him, which commission they -faithfully executed, coming up with their man in the Indian Territory. -They employed an Indian and a Deputy Sheriff to take him, which they -accordingly did. When ordered to surrender, he made an effort to get -at his knife; but when the Sheriff threatened to shoot him dead if -he moved, he submitted. He was brought back, and, by means of the -ingenuity of his lawyers, he succeeded in obtaining a postponement of -his trial. He then applied for a change of venue to a remote county, -and at the next hearing the State was obliged to seek a postponement, -on the ground of the absence of material witnesses. He shortly after -appeared before a Judge newly appointed, and having procured testimony -that his trial had been three times postponed, he was set free, under -the law of the State.</p> - -<p>He came to California and joined himself to the confraternity of -iniquity that then ruled that country. He either killed or assisted -at the killing of nearly a dozen men in the brawls so common at that -time in the western country. In<span class="pagenum" id="Page_223">[Pg 223]</span> Florence, Idaho Territory, he killed a -German called Dutch Fred, in the winter of 1861-2. The victim had given -him no provocation whatever; it was a mere drunken spree and “shooting -scrape.”</p> - -<p>He also broke jail in Oregon, a squaw with whom he lived furnishing him -with a file for that purpose. He escaped to Carriboo. He was brought -back; but the main witnesses were away when the trial took place, and -the civil authorities were suspected of having substantial reasons -for letting him escape. He was considered a prominent desperado, and -was never known to follow any trade for a living, except that of Road -Agent, in which he was thoroughly versed.</p> - -<p>Helm was a man of medium size, and about forty years old; -hard-featured, and not intelligent looking. It was believed, at -Florence that a relative, known as “Old Tex,” furnished money to clear -him from the meshes of the law, and to send him to this country. If -ever a desperado was all guilt and without a single redeeming feature -in his character, Boone Helm was the man. His last words were: “Kick -away, old Jack; I’ll be in h—l with you in ten minutes. Every man for -his principles—hurrah for Jeff Davis! let her rip.”</p> - - -<h4>GEORGE IVES.</h4> - -<p>We have only a few words to add to the account already given of this -celebrated robber and murderer. He was raised at Ives’ Grove, Racine -county, Wisconsin, and was a member of a highly respectable family. -It seems that life in the wild West gradually dulled his moral -perceptions; for he entered, gradually, upon the career of crime which -ended at Nevada, <abbr title="Montana">M. T.</abbr> His mother for a long time, believed the account -that he sent to her, about his murder by the hands of Indians, and -which he wrote himself. It is reported that sorrow and death have been -busy among his relatives ever since.</p> - - -<h4>BILL BUNTON.</h4> - -<p>Followed gambling at his regular calling, at Lewiston, Idaho in the -winter of 1861-2. In the summer of 1862, he shot a man named Daniel -Cagwell, without provocation. There was a general fracas at a ball, -held on Copy-eye creek, near Walla Walla. Bunton was arrested; but made -his escape<span class="pagenum" id="Page_224">[Pg 224]</span> from the officer, by jumping on a fast horse and riding off -at full speed.</p> - -<p>The first that was afterwards heard of him was that he turned up in -this country. In person, Bunton was a large, good-looking man, about -thirty years of age, and rather intelligent. He had been for some years -on the Pacific coast, where he had lived as a sporting man and saloon -keeper, He was absolutely fearless, but was still addicted to petty -theft, as well as to the greater enormities of Road Agency and murder. -His dying request, it will be remembered, was for a mountain to jump -off, and his last words, as he jumped from the board, “Here goes it.”</p> - -<p>Of Johnny Cooper we have already spoken. A word is necessary concerning -the history of</p> - - -<h4>ALICK CARTER</h4> - -<p>which forms a strong contrast to the others. It appears that, for -several years this eminent member of Plummer’s band bore an excellent -character in the West. He was a native of Ohio, but followed the -trade of a packer in California and Oregon, maintaining a reputation -for honor and honesty of the highest kind. Large sums of money were -frequently entrusted to his care, for which he accounted to the -entire satisfaction of his employers. He left the “other side” with -an unstained reputation; but falling into evil company in Montana, he -threw off all recollections of better days, and was one of the leading -spirits of the gang of marauders that infested this Territory. It is -sad to think that such a man should have ended his life as a felon, -righteously doomed to death on the gallows.</p> - - -<h4>CYRUS SKINNER</h4> - -<p>was a saloon-keeper in Idaho, and always bore a bad character. His -reputation for dishonesty was well known, and in this country he was a -blood-thirsty and malignant outlaw, without a redeeming quality. He was -the main plotter of Magruder’s murder.</p> - - -<h4>BILL HUNTER.</h4> - -<p>Probably not one of those who died for their connection with the Road -Agent Band was more lamented than Hunter. His life was an alternation -of hard, honest work, and gambling. That he robbed and assisted to -murder a Mormon,<span class="pagenum" id="Page_225">[Pg 225]</span> and that he was a member of the gang, there can be -no doubt; but it is certain that this was generally unknown, and his -usual conduct was that of a kind-hearted man. He had many friends, and -some of them still cherish his memory. He confessed his connection with -the band, and the justness of his sentence just before his death. His -escape from Virginia, through the pickets placed on the night of the -9th of January, 1864, was connived at by some of the Vigilantes, who -could not be made to believe that he was guilty of the crimes laid to -his charge.</p> - - -<h4>STEPHEN MARSHLAND</h4> - -<p>was a graduate of a college in the States; and, though a Road Agent and -thief, yet he never committed murder, and was averse to shedding blood. -He was wounded in attacking Forbes’ train, and his feet were so far -mortified by frost when he was captured, that the scent attracted the -wolves, and the body had to be watched all night.</p> - -<p>Concerning the rest of the gang, nearly all that is known has already -been related. They were, without exception, old offenders from the -Pacific coast. The “bunch” on Ned Ray’s foot was caused by a wound from -a shot fired at him when escaping from the penitentiary at <abbr title="saint">St.</abbr> Quentin, -California. This he told, himself, at Bannack.</p> - - -<h4>JAMES DANIELS.</h4> - -<p>This criminal, the last executed by the Vigilantes, it should be -generally understood, murdered a Frenchman in Tuolumne county, -California, and chased another with a bowie-knife till his strength -gave out. In Helena, he killed Gartley, whose wife died of a -broken-heart at the news; threatened the lives of the witnesses for the -prosecution, and had drawn his knife, and concealed it in his sleeve, -with the intent of stabbing Hugh O’Neil in the back, after the fight -between Orem and Marley, at the Challenge Saloon. He said he “would cut -the heart out of the ——!” when an acquaintance who was watching him, -caught hold of him and told him he was in the wrong crowd to do that. -Daniels renewed his threats when liberated, and was hanged; not because -he was pardoned, but because he was unfit to live in the community.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_226">[Pg 226]</span></p> - -<h2 class="nobreak" id="CHAPTER_XXXIII">CHAPTER XXXIII.<br /><span class="small">CONCLUSION.</span></h2> -</div> - - - -<p>“All’s well that ends well,” says the proverb. Peace, order and -prosperity are the results of the conduct of the Vigilantes; and, in -taking leave of the reader, the author would commend to the sound -sense of the community, the propriety of maintaining, in readiness for -efficient action if needed, the only organization able to cope with -the rampant lawlessness which will always be found in greater or less -amount in mining camps.</p> - -<p>At the same time, let the advice be well understood before it is either -commented upon or followed. Readiness is one thing; intermeddling is -another. Only on occasions of grave necessity should the Vigilantes -let their power be known. Let the civil authority, as it increases in -strength, gradually arrogate to itself the exclusive punishment of -crime. This is what is needed, and what every good citizen must desire; -but let the Vigilantes, with bright arms and renewed ammunition, -stand ready to back the law, and to bulwark the Territory against all -disturbers of its peace, when too strong for legal repression, and when -it fails or is unable to meet the emergency of the hour. Peace and -justice we must have, and it is what the citizens will have in this -community; through the courts, if possible; but peace and justice are -rights, and courts are only means to an end, admittedly the very best -and most desirable means; and if they fail, the people, the republic -that created them, can do their work for them. Above all things, let -the resistless authority of the Vigilantes, whose power reaches from -end to end of Montana, be never exerted except as the result of careful -deliberation, scrupulous examination of fair evidence, and the call of -imperative Necessity; which, as she knows no law, must judge without -it, taking Justice for her counselor and guide.</p> - -<p><span class="pagenum" id="Page_227">[Pg 227]</span></p> - -<p>Less than three years ago, this home of well ordered industry, progress -and social order, was a den of cut-throats and murderers. Who has -effected the change? The Vigilantes; and there is nothing on their -record for which an apology is either necessary or expedient. Look -at Montana that has a committee; and turn to Idaho, that has none. -Our own peaceful current of Territorial life runs smoothly, and more -placidly, indeed, than the Eastern States, to-day; but in Idaho, one of -their own papers lately asserted that, in one county, sixty homicides -had been committed, without a conviction; and another declares that -the cemeteries are full of the corpses of veterans in crime and their -victims.</p> - -<p>Leave us the power of the people, as a last resort; and, where -governments break down, the citizens will save the State. No man need -be ashamed of his connection with the Virginia Vigilantes. Look at -their record and say it is not a proud one. It has been marvellous that -politics have never intruded into the magic circle; yet so it is, has -been, and probably will be. Men of all ranks, ages, nations, creeds and -politics are among them; and all moves like a clock, as can be seen on -the first alarm. Fortified in the right, and acting in good conscience, -they are “just and fear not.” Their numbers are great; in fact, it is -stated that few good men are not in their ranks, and the presence of -the most respectable citizens makes their deliberation calm, and the -result impartially just.</p> - -<p>In presenting this work to the people, the author knows, full well, -that the great amount of labor bestowed upon it is no recommendation of -its excellence to a public that judges of results and not of processes; -but one thing is sure; so far as extended research and a desire to tell -the truth can effect the credibility of such a narrative, this history -has been indited subject to both these regulations, since the pen of -the writer gave the first chapter to the public.</p> - -<p>If it shall serve to amuse a dull hour, or to inform the residents of -the Eastern States and of other lands of the manners and habits of the -mountaineers, and of the life of danger and excitement that the miners -in new countries have to lead, before peace and order are settled on -an enduring foundation—the author is satisfied. If in any case his -readers<span class="pagenum" id="Page_228">[Pg 228]</span> are misinformed, it is because he has been himself deceived.</p> - -<p>As a literary production, he will be rejoiced to receive the entire -silence of critics as his best reward. He knows full well what -criticism it deserves, and is only anxious to escape unnoticed. And -now, throwing down his pencil, he heaves a sigh of relief, thankfully -murmuring, “Well, it is done at last.”</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - -<p class="center p2"><span class="figcenter" id="img001"> - <img src="images/001.jpg" class="w50" alt="J. M. CASTNER" /> -</span></p> - -<h2 class="nobreak" id="J_M_CASTNER">J. M. CASTNER,</h2> -</div> - -<p class="xbig center">Mayor of Virginia City,</p> - -<p class="center small">AND</p> - -<p class="xbig center">JUSTICE OF THE PEACE.</p> - - -<hr class="r5" /> - -<p class="center big">Will Attend to all Claims and Collections,</p> - -<p class="center">And also to the preparation of</p> - -<p class="center big">Legal Papers, Affidavits, Conveyancing,</p> - -<p class="center big"><b>ACKNOWLEDGMENT OF DEEDS, &c.</b>,</p> - -<p class="center">And generally to all business entrusted to him by persons out of the -City.</p> - -<p class="center">Office—Over the Idaho Restaurant, two doors from the office of the -Montana Post, Virginia City.</p> - -<p class="center"> -Virginia City, Montana, October 23, 1866.<br /> -</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - - -<h2 class="nobreak" id="IDAHO">IDAHO<br /> -<span class="big">RESTAURANT!</span></h2> -</div> -<p class="center"> -Two doors from office of Montana Post,<br /> -<b>VIRGINIA CITY,</b> - - - <b>MONTANA.</b><br /> -</p> -<hr class="r5" /> - - -<p class="center big">TABLE ACCOMMODATIONS EQUAL TO BEST IN THE CITY,</p> - -<p class="center">And best of Liquors dispensed at the bar by Jos. McGee.</p> - -<p class="center big">ALSO, ACCOMMODATIONS FOR A FEW NIGHT LODGERS</p> - -<p class="center">Good Clean Beds. Charges Moderate.</p> - -<p class="center"> -Oct. 23, 1866.      <b>J. M. CASTNER, Proprietor.</b><br /> -</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p class="center p2"><span class="figcenter" id="img002"> - <img src="images/002.jpg" class="w50" alt="IDAHO RESTAURANT" /> -</span></p> - -<h2 class="nobreak" id="GURNEY_COS_BOOTS_AND_SHOES">GURNEY & <abbr title="company">CO.</abbr>’S BOOTS AND SHOES.</h2> -</div> - -<p class="center">Constantly on hand an immense assortment of the above well known -custom-made</p> - -<p class="center xbig">BOOTS & SHOES,</p> - -<p class="center">Mining Boots, English Cap Boots, Light and Heavy Sewed and Pegged Calf -Boots,</p> - -<p class="center big">GENTS’ GAITERS, SHOES, SLIPPERS</p> - -<p class="center">and all varieties of Men’s wear.</p> - -<p class="center big">LADIES’, MISSES’, BOYS’, & CHILDREN’S</p> - -<p class="center xbig">SHOES,</p> - -<p class="center big">BALMORALS & GAITERS.</p> - -<hr class="r5" /> -<p class="center xbig">RUBBER BOOTS</p> - -<p class="center">Manufactured expressly for the trade.</p> - -<p class="center">ARCTIC, BUFFALO and RUBBER OVER-SHOES,</p> - -<p class="center">at their old stand,</p> - -<p class="center big">Wallace <abbr title="saint">St.</abbr>, Virginia City, <abbr title="Montana">M. T.</abbr></p> - -<p class="center big"> -<b>D. H. WESTON.</b><br /> -</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - - -<h2 class="nobreak" id="The_Tri-Weekly_Post">The Tri-Weekly Post!</h2> -</div> - -<p class="center small">PUBLISHED EVERY</p> - -<p class="center big">Tuesday, Thursday and Saturday Morning,</p> - -<p class="center">By D. W. Tilton & <abbr title="company">Co.</abbr></p> - -<p class="center"> -D. W. TILTON,      BEN R. DITTES.<br /> -</p> - -<p class="center">Office, corner Wallace and Jackson Streets, Virginia City, and No. 52 -Bridge Street, Helena.</p> - - -<p class="center big">Terms of Subscription:</p> - -<table class="autotable"> -<tr><td>One Year,</td><td class="tdr">$16 00</td></tr> -<tr><td>Six Months,</td><td class="tdr">10 00</td></tr> -<tr><td>Three Months,</td><td class="tdr">6 00</td></tr> -</table> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - -<p class="center p2"><span class="figcenter" id="img003"> - <img src="images/003.jpg" class="w50" alt="Montana Post" /> -</span></p> -<h2 class="nobreak" id="The_Montana_Post">The Montana Post</h2> -</div> - -<p class="center big">BOOK and JOB</p> - -<p class="center xbig">PRINTING OFFICE!</p> - -<p class="center">CORNER OF WALLACE AND JACKSON STREETS,</p> - -<p class="center">VIRGINIA CITY, - - MONTANA TERRITORY.</p> - -<hr class="r5" /> -<p class="center big">ALL KINDS OF FANCY</p> - -<p class="center big">AND ORNAMENTAL</p> - -<p class="center xbig">PRINTING,</p> - -<p class="center small">Executed with Neatness and Dispatch.</p> -<hr class="r5" /> - -<p class="center small">We have the latest improved</p> - -<p class="center xbig">POWER PRESSES,</p> - -<p class="center small">Together with a large assortment of</p> - -<p class="center big">NEW STYLES OF JOB TYPE,</p> - -<p class="center small">Which enables us to do work</p> - -<p class="center"><i>IN BETTER STYLE AND MORE EXPEDITIOUS</i></p> - -<p class="center small">Than any other office in the Territory.</p> - -<hr class="r5" /> -<p class="center small">We have on hand a large stock of</p> - -<p class="center big">BUSINESS CARDS!</p> - -<p class="center small">Of every style, size and variety.</p> - -<p class="center">To which we invite the attention of all.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> - -<p class="center p2"><span class="figcenter" id="img004"> - <img src="images/004.jpg" class="w50" alt="The Montana Weekly Post" /> -</span></p> -<h2 class="nobreak" id="The_Montana_Weekly_Post">The Montana Weekly Post!</h2> -</div> - -<p class="center">Virginia City, Montana Ter.</p> - -<p class="center">PUBLISHED EVERY SATURDAY, BY</p> - -<p class="center big">D. W. Tilton & <abbr title="company">Co.</abbr></p> - -<p class="center"> -D. W. TILTON,      BEN R. DITTES.<br /> -</p> - - -<p class="center small"> -Office, Corner Wallace and Jackson Streets,</p> -<p class="center big"> -<i>VIRGINIA CITY, - - - MONTANA</i> -</p> -<hr class="r5" /> - -<p class="center big">Terms of Subscription:</p> - -<table class="autotable"> -<tr><td>One copy one year,</td><td class="tdr">$8 00</td></tr> -<tr><td>  do    six months,</td><td class="tdr">5 00</td></tr> -<tr><td>  do    three months,</td><td class="tdr">3 50</td></tr> -</table> -<hr class="r5" /> -<p class="center">The <span class="smcap">Post</span> is issued every Saturday, and contains</p> - -<p class="center big">Complete and Reliable Intelligence!</p> - -<p class="center">From every point of the Territory.</p> - -<p class="center">Anything that relates to the Mining and Agricultural interests of -Montana, will always be found in its columns.</p> - -<p class="center">► All persons should send a copy of the Weekly <span class="smcap">Post</span> to their friends -and relatives in the States. It will be sent from the office of -publication to any address.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter transnote"> -<h2 class="nobreak" id="Transcribers_Notes">Transcriber’s Notes</h2> - - -<p>Minor errors or omissions in punctuation have been fixed.</p> - -<p>Page <a href="#Page_6">6</a>: “sojurn in the gulches” changed to “sojourn in the gulches” and -“sedate inhabiants” changed to “sedate inhabitants”</p> - -<p>Page <a href="#Page_8">8</a>: “source of “difficulites,”” changed to “source of -“difficulties,””</p> - -<p>Page <a href="#Page_11">11</a>: “deringer” changed to “derringer” and “all prevading” changed -to “all pervading”</p> - -<p>Page <a href="#Page_14">14</a>: “ruffians and marauder” changed to “ruffians and marauders”</p> - -<p>Page <a href="#Page_20">20</a>: “under the serveillance” changed to “under the surveillance”</p> - -<p>Page <a href="#Page_25">25</a>: “was jound naked” changed to “was found naked”</p> - -<p>Page <a href="#Page_31">31</a>: “unfortnuate pair” changed to “unfortunate pair” and -“preceeding them” changed to “preceding them”</p> -<p>Page <a href="#Page_33">33</a>: “to strike to the” changed to “to strike to thee”</p> -<p>Page <a href="#Page_34">34</a>: “devine origin” changed to “divine origin”</p> - -<p>Page <a href="#Page_37">37</a>: “Friends, however, interferred” changed to “Friends, however, -interfered”</p> - -<p>Page <a href="#Page_38">38</a>: “to wary to fall” changed to “too wary to fall” and “sieze -hold of them” changed to “seize hold of them”</p> - -<p>Page <a href="#Page_41">41</a>: “assassinnation was” changed to “assassination was”</p> - -<p>Page <a href="#Page_42">42</a>: “lover of whiskey” changed to “love of whiskey”</p> - -<p>Page <a href="#Page_46">46</a>: “twelve o’clock <span class="allsmcap">M.</span>” changed to “twelve o’clock <span class="allsmcap">P. -M.</span>” “would be enable” changed “to would be enabled”</p> - -<p>Page <a href="#Page_47">47</a>: “wollen scarf” changed to “woolen scarf”</p> - -<p>Page <a href="#Page_48">48</a>: “double-barrell” changed to “double-barrel”</p> - -<p>Page <a href="#Page_53">53</a>: “wandered what had become” changed to “wondered what had -become”</p> - -<p>Page <a href="#Page_55">55</a>: “ows its euphonious appellation” changed to “owes its -euphonious appellation”</p> - -<p>Page <a href="#Page_56">56</a>: “seasonable conviction” changed to “reasonable conviction”</p> - -<p>Page <a href="#Page_58">58</a>: “two Road Agent” changed to “two Road Agents”</p> - -<p>Page <a href="#Page_59">59</a>: “You’r the man” changed to “You’re the man”</p> - -<p>Page <a href="#Page_61">61</a>: “tremenduous roar” changed to “tremendous roar”</p> - -<p>Page <a href="#Page_69">69</a>: “friends, sweetharts” changed to “friends, sweethearts”</p> - -<p>Page <a href="#Page_70">70</a>: “burry Dillingham” changed to “bury Dillingham”</p> - -<p>Page <a href="#Page_76">76</a>: “of coarse” changed to “of course”</p> - -<p>Page <a href="#Page_77">77</a>: “eithers of the robbers” changed to “either of the robbers”</p> - -<p>Page <a href="#Page_78">78</a>: “the milenium” changed to “the millennium”</p> - -<p>Page <a href="#Page_80">80</a>: “ceasless and active wickedness” changed to “ceaseless and -active wickedness”</p> - -<p>Page <a href="#Page_82">82</a>: “embryo or the order” changed to “embryo of the order”</p> - -<p>Page <a href="#Page_83">83</a>: “Demsey’s Ranch” changed to “Dempsey’s Ranch” and “emergining -half drowned” changed to “emerging half drowned”</p> - -<p>Page <a href="#Page_86">86</a>: “little experience prevent” changed to “little experience -prevented”</p> - -<p>Page <a href="#Page_89">89</a>: “far to astute” changed to “far too astute” and “befor Ives” -changed to “before Ives”</p> - -<p>Page <a href="#Page_93">93</a>: “exhile from Montana” changed to “exile from Montana”</p> - -<p>Page <a href="#Page_94">94</a>: “acqueous sympathy” changed to “aqueous sympathy”</p> - -<p>Page <a href="#Page_96">96</a>: “was ubiquitious” changed to “was ubiquitous”</p> - -<p>Page <a href="#Page_102">102</a>: “to strong for” changed to “too strong for” “one of the crisis” changed to “one of the crises” “they were to strong” changed to “they were too strong”</p> - -<p>Page <a href="#Page_104">104</a>: “matters to extremeties” changed to “matters to extremities” -and “simpathies of all men” changed to “sympathies of all men”</p> - -<p>Page <a href="#Page_105">105</a>: “possossion of a citizen” changed to “possession of a citizen” “Romain said” changed to “Romaine said”</p> - -<p>Page <a href="#Page_111">111</a>: “enlivend the spirits” changed to “enlivened the spirits”</p> - -<p>Page <a href="#Page_114">114</a>: “his quondom” changed to “his quondam”</p> - -<p>Page <a href="#Page_116">116</a>: “calm and quite” changed to “calm and quiet” “lantarn and some stools” changed to “lantern and some stools”</p> - -<p>Page <a href="#Page_117">117</a>: “A lable” changed to “A label”</p> - -<p>Page <a href="#Page_120">120</a>: “there red perplexity” changed to “there read perplexity”</p> - -<p>Page <a href="#Page_121">121</a>: “the of charge” changed to “of the charge”, “to accouut” -changed to “to account” and “caused alleged received” changed to “cause -alleged received”</p> - -<p>Page <a href="#Page_124">124</a>: “Dueth John” changed to “Dutch John” and “close wacth” -changed to “close watch”</p> - -<p>Page <a href="#Page_128">128</a>: “chained own” changed to “chained down” and “without much -strugle” changed to “without much struggle”</p> - -<p>Page <a href="#Page_130">130</a>: “preceeding chapters” changed to “preceding chapters”</p> - -<p>Page <a href="#Page_134">134</a>: “for repentence” changed to “for repentance”</p> - -<p>Page <a href="#Page_139">139</a>: “addressed a gentlman” changed to “addressed a gentleman” and -“Arbor Resturant” changed to “Arbor Restaurant”</p> - -<p>Page <a href="#Page_141">141</a>: “hung in pnblic” changed to “hung in public”</p> - -<p>Page <a href="#Page_144">144</a>: “dis dying regards” changed to “his dying regards” and “to -hang to long” changed to “to hang too long”</p> - -<p>Page <a href="#Page_147">147</a>: “GEROGE SHEARS” changed to “GEORGE SHEARS”</p> - -<p>Page <a href="#Page_149">149</a>: “instantly siezed” changed to “instantly seized”</p> - -<p>Page <a href="#Page_150">150</a>: “two hundred and fity” changed to “two hundred and fifty”</p> - -<p>Page <a href="#Page_154">154</a>: “its perpetratration” changed to “its perpetration” and -“Magruder” changed to “Mugruder”</p> - -<p>Page <a href="#Page_159">159</a>: “the neighberhood” changed to “the neighborhood”</p> - -<p>Page <a href="#Page_161">161</a>: “therunto belonging” changed to “thereunto belonging”</p> - -<p>Page <a href="#Page_162">162</a>: “off the trial” changed to “off the trail”</p> - -<p>Page <a href="#Page_163">163</a>: “have forgotton” changed to “have forgotten”</p> - -<p>Page <a href="#Page_164">164</a>: “to hard” changed to “too hard”, “six time” changed to “six -times” and “had everything been manged” changed to “had everything been -managed”</p> - -<p>Page <a href="#Page_171">171</a>: “what was intendend” changed to “what was intended”</p> - -<p>Page <a href="#Page_173">173</a>: “seemed imposssible” changed to “seemed impossible”</p> - -<p>Page <a href="#Page_175">175</a>: “his enemey” changed to “his enemy”</p> - -<p>Page <a href="#Page_178">178</a>: “if ho” changed to “if he”</p> - -<p>Page <a href="#Page_179">179</a>: “attendeant surgeons” changed to “attendant surgeons”</p> - -<p>Page <a href="#Page_185">185</a>: “rode of with him” changed to “rode off with him” “regailing themselves” changed to “regaling themselves”</p> - -<p>Page <a href="#Page_186">186</a>: “unanimously condemed” changed to “unanimously condemned” “wagon-boss order them” changed to “wagon-boss ordered them”</p> - -<p>Page <a href="#Page_187">187</a>: “burry him” changed to “bury him”</p> - -<p>Page <a href="#Page_193">193</a>: “impared his usefulness” changed to “impaired his usefulness”</p> - -<p>Page <a href="#Page_195">195</a>: “diggins struck” changed to “diggings struck”</p> - -<p>Page <a href="#Page_196">196</a>: “overpower by superior” changed to “overpowered by superior”</p> - -<p>Page <a href="#Page_197">197</a>: “I am the gentlemen.” changed to “I am the gentleman.”</p> - -<p>Page <a href="#Page_207">207</a>: “consciense oppressed” changed to “conscience oppressed”</p> - -<p>Page <a href="#Page_209">209</a>: “loose his brains” changed to “lose his brains”</p> - -<p>Page <a href="#Page_217">217</a>: “eroneous constitution” changed to “erroneous constitution”</p> - -<p>Page <a href="#Page_218">218</a>: “been recommeded” changed to “been recommended”</p> - -<p>Page <a href="#Page_220">220</a>: “sdeuction of” changed to “seduction of”</p> - -<p>Page <a href="#Page_222">222</a>: “came to Calfornia” changed to “came to California”</p> - -<p>Page <a href="#Page_223">223</a>: “believed the accoent” changed to “believed the account”</p> - -<p>Page <a href="#Page_224">224</a>: “gang of mauraders” changed to “gang of marauders”</p> - -<p>Page <a href="#Page_225">225</a>: “caused a by wound” changed to “caused by a wound” and “In -Helana,” changed to “In Helena,”</p> - -<p>There are two chapters labeled XII in the original and no chapter -labeled XXXII. This has not been changed.</p> - -<p>For a portion of the original book, Aleck Carter’s first name was spelled Alick. This has been fixed to reduce confusion.</p> -</div> -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE VIGILANTES OF MONTANA ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ -concept and trademark. 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