An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 11

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524

USA > Idaho > Kootenai County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 11
USA > Idaho > Nez Perce County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 11
USA > Idaho > Shoshone County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 11
USA > Idaho > Latah County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 11

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Early in the history of the north Idaho mining region, there seems to have been formed organizations of thugs for the systematic prosecution of their nefarious vocation. The most notorious of these, it is said, had two strongholds or points of rendezvous, known in the vernacular of the times as "shebangs." The leadership of this band is accredited by some to Henry Plummer, though there are many in Lewiston who. having known this man in no other capacity than that of a gambler, are doubtful of his having

had anything to do with greater crimes while here. But if the pictures of Plummer's character, furnished by those who professed to know his record quite intimately, are not colored to his disadvantage, he was hypocritical enough to keep the baser side of his nature in the background when it suited him, by his urbanity, polish and personal magnetism, winning the conficience of such as he wished to impress favor- ably. From the previous record accorded to Plummer in California and his subsequent career in Montana it is not hard to believe him guilty of having acted a double part in Lewiston.

However this may be the robbers of the country became organized during his stay there and by means of intelligent co-operation were enabled to defy law, moral and civil, commit the coldest blooded murders with impunity, and appropriate to themselves the valuables of travelers, packers, miners returning from a successful summer's work, anybody who might be caught unprotected with gold on his person.

Patiently for many months the good people bore these multiplied wrongs. If any inquiry was made into the question of who was responsible for a given crime, such inquiry was turned into a farce, for the friends of law and order were in the minority and dared not assert themselves. The few who defied the roughs and openly opposed them were marked for early slaughter. The customary method of disposal of all such was to embroil them in a quarrel and under color of self-defense to inflict a death wound with the ever ready pistol or bowie knife.

But this rule of the roughs could not last always. Justice may be outraged for a time, but like Truth, when crushed to earth it will rise again. Villainy soon over-reached itself and brought destruction up- on its own head. The first determined resistance to crime on the part of a united people, of which we have any knowledge, was made at Elk City in the summer of 1862. An account of it was kindly furnished us by Joel D. Martin and James Witt, both of whom were eye witnesses. From their statements, it ap- pears that early in the spring James Maguire and one Finnigan became entangled in a quarrel which led to blows. After fighting several rounds they finally agreed to settle their difficulties amicably and let by- gones be bygones. As was customary in those days, the bargain was sealed over the bar. Between drinks protestations of friendship were made again and again, but one party to the compact of amity was a traitor. In keeping with the unenviable reputation for treach- cry he sustained in California, the detestable Maguire broke in upon the expressions of good will, by stealthily seizing the handle of Finnigan's knife and unsheathing the weapon with intent to bury its blade in its owner's bosom. But the bystanders saw the movement, threw themselves upon the aggressor and prevented the consummation of the atrocious deed. Later the two men again met. Finnigan fired five shots, wounding Maguire in the leg and in the neck. Friends carried the injured man to a room over Maltby's saloon and there left him, expecting to re- turn in the morning. During the night Finnigan re-

HISTORY OF NORTH IDAHO.

turned and slipping up stairs, killed his foe in a most atrocious manner, leaving the cruel bowie knife in Maguire's throat. Had Finnigan occasioned Ma- guire's death in a fair fight, the spirit of the times would have condoned him ; but cowardice and treach- ery were unpardonable. Finnigan was arrested and put on trial before a popular tribunal. He admitted the crime but claimed in extenuation, what was no doubt true, that he had to kill Maguire in order to save his own life. A newly elected justice of the peace presided as judge, and one Colonel Johnson, a lawyer recently from California but originally from the Middle West, acted as defendant's council. The testimony elicited some expressions of sympathy for the prisoner, but the jury nevertheless rendered a ver- dict of guilty. The following afternoon, a man named Powers, who was acting as sheriff, led Finnigan to the gallows. Brackett, a shoemaker, tied the hang- man's knot and when all was ready the Irishman was launched into space. Then occurred one of those incidents which are said to have taken place not in- frequently in the hasty popular executions of early days and to have resulted occasionally in the saving of a life. The knot, having probably been tampered with by the sympathetic sheriff, failed to hold, and Finnigan fell to terra firma. He soon recovered from the shock, gained his feet and, accompanied by Moses Hart and Joseph Ritchie, two of his friends, started to run away from the scene. The crowd was so dumbfounded that for a short time not a man moved. Then Josh. Phipps started in pursuit and soon over- taking the fugitives, instantly covered them with his rifle and demanded that they halt. Phipps expected that others would come to his assistance but none came, so he lowered his gun and told Finnigan to go, a command which the latter was quick to obey. It is said that he was later seen in San Francisco by one who knew him in Idaho and that the tell tale mark of the rope was still on his neck.

The next assumption of judicial functions on the part of the populace was in Lewiston in the fall of 1862. The occasion was the robbery of the Berry brothers, while on their way from Florence to Lewis- ton with a pack train. When near what is known as Rocky canyon, each of the men was confronted by a masked highwayman armed with a shot gun and ordered to throw up his hands. Compliance under such circumstances was a matter of necessity and the men were relieved of between $1,100 and $1,400 in gold dust. They were then commanded to camp at Rocky canyon under pain of death, but when the dangerous looking shot gun was no longer pointed their way, they did not choose to render further obedience to the commands of the robbers. No sooner had the highwaymen passed out of sight than William Berry . mounted the best mule in the train and started in pursuit. The robbers were riding the best running horses, and in the race easily outstripped the big man on the mule.

When Berry arrived in Lewiston he found that the robbers had gone on to Walla Walla. Then commenced the pursuit. The Berrys had one ad-

vantage in that they recognized the voices of the two men, Bill Peoples and Dave English, who held them up (for both were well known to them personally.) They later ascertained that one Charley Scott was also in the infamous plot.

In company with Gus Meamber, a Frenchman, and others who joined him at Lewiston, the outraged merchant proceeded post haste to Walla Walla, travel- ing with a four horse team and breaking the record for fast time. They arrived just behind the highway- men. Berry met Peoples in a saloon, disarmed him, and took him into custody. Meamber found and arrested Scott. Dave English had not stopped in Walla Walla but had gone on to Wallula. His arrest was effected by Sheriff James Buckley, his deputy and a saloon keeper named Vancise. It is said that an at- tempt was made to secure for the prisoner a civil trial in the Walla Walla courts, which failed; also that the roughs of that city attempted the rescue of their captured confreres. But the capturers escaped with their prisoners to Lewiston. Here the outlaws were confined in a little log building. Had they known of the doom awaiting them, they would doubtless have made a more determined effort to escape, but they trusted to the rough element for their rescue, and were not greatly alarmed.

The people of Lewiston were more thoroughly aroused over this crime than they had been over any other. The victims of the robbery were well known and well liked ; furthermore there was a general feel- ing that the time had arrived when the rule of the roughs must be brought to its termination, and accord- ingly efficient means were provided for the safe guard- ing of the prisoners. The men were confined in a little building situated on the point formed by the confluence of the Clearwater and Snake rivers. Two men, thoroughly armed, guarded them day and night and these were to bring to their assistance the entire populace in case of an attempted rescue, by ringing a large triangle near at hand. It is said that the roughs from: other parts did begin gathering with intent to rally to the support of their doomed comrades. One plot for their release was led by an uncle of Peoples named Marshall, but the raid was defeated by Jonas Whaley, of the guard, a shot from whose Kentucky squirrel rifle served the double purpose of tempororily chsabling Marshall and alarming the populace.

Eventually a trial was given the accused men in George H. Sandy's store, at the corner of D and Second streets, which trial ended in their conviction. That night the guards were notified that their services were no longer needed. The next morning those who went over to the jail to see about the prisoners found the earthly remains of the three men hanging by their necks from the rafters, and their cold rigid bodies, drawn, bloodless faces and glassy eyes told that life had been extinct for several hours. The date of this summary execution, according to a notation in the old Luna hotel register, now in the possession of Charles F. Leland, was November 9, 1862. It marked the decline of lawlessness in the vicinity of Clearwater, for the villainous element departed one by one and

HISTORY OF NORTH IDAHO.

in small squads to points in the interior and in Mon- tana, where most of them ended their careers as such men usually do, either at the hands of their kind dur- ing quarrels or by the merciless ropes of vigilance committees. Among those to depart this life by the latter route was Henry Plummer himself, the reputed leader of the largest band, and the known author of many murders, homicides and robberies.

Lewiston first, then Oro Fino and finally Florence had been centers of operation for these bands of criminals. In the last mentioned town a species of vigilance committee had been formed. Its members met after the death of Cherokee Bob and Willoughby and instructed their executive committee to warn all suspicious characters to leave the town forthwith.

The most notorious characters had, however, taken refuge in flight, fearing lest a more condign punish- meni should be meted out to them at the hands of the thoroughly aroused people, and the committee had no other task to perform than the expulsion of a minor criminal

But the most terrible deed in the history of north Idaho was committed after the reign of the desperadoes in the towns was practically over, though there was yet a considerable element of these villains in this mining region and their supremacy in what is now Montana was still maintained. We refer to the murder of Lloyd Magruder and companions in the Bitter Root mountains, an account of which will be presented in its proper chronological place.

CHAPTER II.

POLITICAL ORGANIZATION AND PASSING EVENTS.

Naturally the influx of miners and fortune-hunters into north Idaho had many results incidental to the great purpose. The country was settled and developed during the first two or three years in a way that it could hardly have been in as many decades had its sands been without gold or had their wealth remained hidden. While there was some complaint on the part of the nar- rower-visioned Willamette valley papers that the Idaho mines had caused a costly drain upon the resources of that section, others saw that in their ultimate and even in many of their promixate results they were a blessing. In speaking of the effect upon the metropolis of Ore- gon, Judge Deady in his manuscript history said : "The Colville and Oro Fino mines helped Portland greatly, and in 1861 built up the Oregon Steam Navigation Company. Loaded drays used to stand in lines half a mile long, unloading at night freight to go in the morn- ing that involved a fortune." The more liberal newspa- pers also stated that, contrary to preconceived opinions of what was possible, persons who had engaged in ag- riculture on the route between The Dalles and Lewis- ton were raising excellent crops, a statement going to show that the agricultural possibilities of the east side were even then beginning to be surmised. The discov- ery of the Idaho mines was certainly a boon to Walla Walla. It was the direct cause of the unearthing of vast mineral wealth in the John Day country and in the Boise basin, which discoveries, with that of the Auburn mines in Baker county, encouraged the agri- cultural development of eastern Oregon. From this source Portland has drawn millions of dollars and con-

tinues to draw millions, yet its citizens for many years seemed to fail to realize that its chief hope of greatness lay in the development of its whole tributary country. They used every means to encourage immigration from the east to continue on through to the Willamette val- ley, and not a few efforts were made to decry the inland empire in the columns of the public press. Such a pol- icy seems indeep a narrow one when viewed in retro- spect.

Mention has been previously made of the settlement of Seth S. Slater and others at the confluence of the Snake and Clearwater rivers in May, 1861. The land upon which these men pitched their tents was then a part of the Nez Perce reservation, but necessity knew no law, and in June the merchants and miners deter- mined that a town must be laid out, notwithstanding the opposition of the Indians and United States author- ities. Nevertheless the town builders were notified by the latter that they must not erect any permanent build- ings. Partly as a result of this prohibition, but more especially from the haste with which the town was called into existence, it was at first a very frail little city. Almost all its buildings, business places and resi- dences alike consisted of a light framework of wood, covered with canvas, roof and sides. From the dis- tant hill tops the town in the day time had the appear- ance of having been built of marble, and at night, when lights were burning within the canvas walls, it had a decidedly holiday look. From its very inception it was an important business point. Being most favorably sit- uated at the head of navigation on the Snake river. it

The Buildings used as Governor's Headquarters and Capitol of the Territory of Idaho in 1863, still standing in Lewiston.

VIEW ON THE SNAKE, NEAR LEWISTON.

HISTORY OF NORTH IDAHO.

was the natural outfitting place for parties going into the mines of the interior, and long, heavily loaded trains left it daily.

The causes which necessitated the building of the temparary town, despite the fact that it was a violation of treaty rights, were seen to be permanent in their nature. Remonstrances from Indians or military men were unavailing, when the exigencies of the case were impelling the steamboat company and the miners to oppose their wishes, and in October, 1861, the town- site of Lewiston was laid off. To pacify Lawyer and other head men of his tribe some compensation was given them for the privilege. The Nez Perces were not very determined in their opposition to white occu- pancy, and danger of a general war was never a deter- rent force in the settlement and development of the country.

The erection of permanent buildings was not ac- complished in time to prevent great suffering from cold in Lewiston. During the severe winter of 1861-2 its inhabitants were almost solely dependent for shelter upon the canvas walls and roofs put up during the first rush, and the suffering was further augmented by the scarcity of fuel. To add to the people's multiplied dis- comfitures the rivers rose during the spring of 1862 to an unwonted height, inundating their town, as well as The Dalles and part of Portland. But all these drawbacks were as impotent to stay the progress of Lewiston as to quiet the mining excitement which called it into being. Its growth was exceedingly rapid the first few years, and only after the removal of the superfluous mining population tributray to it and the consequent loss of its political honors did it cease to march forward at a double quick.

The rapid settlement of the country was not with- out its political effects, though, as before related, it out ran the forms of government and made it necces- sary that the miners should become a law unto them- selves, not alone in civil matters, but in criminal pro- cedure as well. That it was possible for communities of frontiersmen, brought together and animated by a thirst for gold, to calmly frame and adopt laws for their own government, to enforce compliance with these laws among their own number and in general to discharge all necessary functions, legislative, judicial and executive, is a favorable portent for the future of the civil institutions of America. The pioneers of north Idaho were also surprisingly temperate and self- contained in their popular criminal proceedings. No such thing as a vigilance committee was organized un- til patience had ceased to be a virtue, and then due care was taken that none but the guilty should stiffer. But a regularly constituted government is always welcomed by order-loving and law-abiding Americans, and the establishment of such in what is now north Idaho was eagerly sought for from the first.

The territorial government of Washington had or- ganized Shoshone county in January, 1858, comprising all of the country north of the Snake river and be- tween the Columbia river and the Rocky mountains, with the county seat on the land claim of Angus Mc-

Donald. In 1861 it established the official boundaries of this political entity as follows :

"Sec. I. Be it enacted by the legislative assembly of the territory of Washington, That the boundaries of Shoshone county shall be as follows, to-wit: Beginning at the mouth of the South Fork of the Clearwater ; thence south with said river to the Lolo Fork of the same; thence east with said Lolo stream in an easterly direction to the summit of the Bitter Root mountains; thence north to the main divide be- tween the Palouse river and the North Fork of the Clear- water; thence in a westerly direction with said main divide to a point from which running due south would strike the mouth of the South Fork of the Clearwater to the place of beginning. Passed December 21, 1861.

JAMES LEO FURGUSON, Speaker, House of Representatives. A. R. BURBANK, President of the Council."

The day previous another act had been passed creating and organizing the county of Nez Perce, the language of which was as follows:

"Section 1. Be it enacted by the legislative assembly of the Territory of Washington, That all that part of Washing- ton Territory lying within the following boundaries, be or- ganized into a county called Nez Perce, to-wit: Beginning at the mouth of the Clearwater ; thence up same to the South Fork of the Clearwater; thence with the South Fork to the Lolo creek; thence with the southern boundary of Shoshone county to the summit of the Bitter Root mountains: thence south to the main divide between the waters of the Salmon River and the South Fork of the Clearwater to the Snake River : thence with the Snake River west to the mouth of the Clearwater to the place of beginning.

"Sec. 2. Be it further enacted, That J. M. Van Valsah be appointed county auditor ; A Creacy, Whitfield Kirtly and be appointed county commissioners; Sanford Owens, sheriff ; and - Justice of the Peace for said county until the next general election.

"Passed December 20, 1861.

JAMES LEO FURGUSON, Speaker, House of Representatives.

A. R. BURBANK, President of the Council."

On this day, too, an act was passed creating and organ- izing Idaho county, the language of which, title omitted, is as follows :

"Section I. Be it enacted by the legislative assembly of the Territory of Washington, That all that part of Wash- ington Territory south of Nez Perce county and east of Snake river, be organized into a county called Idaho.

"Sec. 2. Be it further enacted, That L. Lindsey be and is hereby, appointed county auditor ; Robert Gray, Robert Burns, and Sanburn be appointed county commission- ers; Joseph Standifer, sheriff ; - Parker, Justice of the Peace for said county until the next general election.

"Passed December 20, 1861.

JAMES LEO FURGUSON. Speaker, House of Representatives. A. R. BURBANK, President of the Council."

The formation of these political divisions gave the people some kind of a home government other than a strictly popular one without sanction of law, but the judicial function, except in probate and minor matters, was with the three federal judges. The hands of these had been full enough when they had no duties outside of the coast counties, and now that the population east of the Cascades was sufficiently large to more than double their work, a problem was presented not easy to solve. Certainly a country into which vagabonds, desperadoes and abandoned characters had flocked from

HISTORY OF NORTH IDAHO.

all parts of the west was very badly in need of courts, if the peace and dignity of the territory was to be main- tained there at all. The solution finally adopted was the passage of acts authorizing the holding of district courts at different county seats having concurrent jurisdiction with the regular federal district courts, except in cases where the United States was a party, with right of appeal to the supreme court of federal judges. The expenses of each special district court were to be paid by the county in which it was held.

No more eloquent commentary upon the rapid rate at which the country now constituting north Idaho developed during 1861-2 need be sought than the notice it demanded from the Washington Legislature, by which, as compiled from the statute books by Bancroft, the right to keep ferries was granted as follows: "To D. W. Lichtenthaler and John C. Smith, across Snake river opposite Powder river ; to Green White and C. R. Driggs, across Snake river at mouth of Grande Ronde river ; to John Messenger and Walter H. Manly, across Salmon river on the Nez Perce trail to Fort Boise; to Gilmore Hays, across Snake river within one mile from the junction of the Clearwater; to E. H. Lewis and Egbert French, across the Columbia, near The Dalles; to J. T. Hicklin, across the Yakima between the mouths of the Ahtanaham and Nachess ; to W. D. Bigelow, across Snake river on the territorial road from Walla Walla to Colville : to Lyman Shaffer and W. F. Bassett, across the south branch of the Clearwater on the main wagon road from Lewiston to Oro Fino; to Orrington Cashman on the same stream at or near the camp of Lawyer ; to W. W. DeLacy and Jared S. Hurd. on Snake river at some point between Grande Ronde and Powder rivers, to be selected by them ; W. W. De- Lacy and associates on Salmon river: to George A. Tykel, to grade a bluff of Snake river in constructing a wagon road and establishing a ferry over the same near the mouth of Powder river : to Richard Holmes and James Clinton, across Salmon river on the Indian trail from Lapwai to Grande Ronde valley; to John Drumhaller, on the main Clearwater, two miles above Lewiston : to W. Greenville, at or near the mouth of Slate creek on Salmon river; to Sanford Owens, to build a bridge across the south branch of the Clear- water on the road from Lewiston to Elk City. The rates for foot passengers on these ferries were gener- ally 50 cents ; loose cattle. 50 cents ; two-horse wagon, $2.50 : four-horse wagon, $4.50; horse and buggy, $2.25 ; pack animal, 75 cents."

The men who had wrought this development, being ambitions to become the founders and builders of a new state, carly began to point out the inconvenience to themselves of Olympia as a capital, the diversity of interest between them and the Puget Sound people and the adaptability of their region to autonomy. They in- structed their representatives in the territorial legis- lature to advocate the sending of a memorial to Con- gress asking that the eastern portion of the territory be set off and organized into a new territory. However, the legislators in general thought that the interior had need of the sound as a seaboard, and that no benefit could result to it from political segregation ; on the

other hand such would prove a decided detriment to the sound. The memorial, therefore, was not sanctioned by the majority, and the movement failed. Neverthe- less discontent still continued, and on March 3, 1863, the territory of Idaho was organized by act of Congress. The origin of the euphonious name applied to the new political entity is a matter of dispute, but it is generally supposed to be a corruption of an Indian word signify- ing gem or diadem of the mountains, referring to the lustrous rim of the crests of the north Idaho uplands at sunrise on a fair day. The name was applied to one of the counties organized by the Washington legisla- ture in 1861, which county formed part of the new territory. But whatever the origin of the word or its exact English signification, the people of this rich and prosperous state have reason to be highly pleased with the poetic name chosen for it by the United States Congress.

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An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 11

Author: Publication date: 1903 Publisher: [S.l.] : Western Historical Pub. Co. Number of Pages: 1524

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524