An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 12

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 12
USA > Idaho > Nez Perce County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 12
USA > Idaho > Shoshone County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 12
USA > Idaho > Latah County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 12

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The creating act was exceedingly liberal in the extent of territory it bestowed upon the new political entity, the official boundaries of which were described as follows :

"All that part of the territory of the United States included within the following limits, to-wit: Begin- ning at a point in the middle channel of the Snake river. where the north boundary of Oregon intersects the same; then following down the said channel of Snake river to a point opposite the mouth of the Kooskoospier (Kooskooskie) or Clearwater river, thence due north to the forty-ninth parallel of latitude, thence east along said parallel to the twenty-seventh degree of longitude west of Washington ; thence south along said degree of longitude to the northern boundary of Colorado terri- tory; thence west along said boundary to the thirty- third degree of longitude west of Washington, thence north along said degree to the forty-second parallel of latitude: thence west along said parallel to the eastern boundary of the state of Oregon." From this it will be seen that the original original Idaho extended over thirteen degrees of longi- tude and seven of latitude. Its area was given as 326,373 square miles, which was greater than that pos- sessed by any other state or territory in the Union. "It was not," says Bancroft, "regarded with favor by any class of men, not even the most earth-hungry. Over its arid plains and among its fantastic upheavals of volcanic rocks roamed savage tribes. Of the climate little was known, and that little was unfavorable, from the circumstance that the fur companies, who spent the winters in certain localities in the mountains, re- garded all others as inhospitable, and the immigrants judged of it by the heat and drought of midsummer." The initial winter spent by miners in the northern part was one of great severity, the temperature being un- comfortably low, the snows deep and the floods de- structive. Even the scenery was so wild, weird and rugged as to seem unattractive to persons habituated to more delicate environs, and the conditions on the whole were such as to create an unpleasant impression in the public mind.

Of this vast country, imperial in its extent, gigantic in its mold and possessed of a wealth of undeveloped

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HISTORY OF NORTH IDAHO.

resources but dimly surmised at the time, Lewiston was made the capital. To this infant town of two years, a town of canvas walls and rude primitive structures, of dens of unbridled vice and iniquity, a town which just before had had to resort to a vigilance committee in order to cow the rough element, to such a town was given the honor of posing as the seat of government of a region more than twice as large as California and seven times the size of the Empire state, and, "taken altogether, the most grand, wonderful, romantic and mysterious part of the domain enclosed within the Federal Union."

More than six months elapsed between the passage of the organic act and the issuance of the proclamation carrying its provisions into effect. But on September 22, 1863. William H. Wallace, who had been appointed governor of the territory by President Lincoln, formally organized the new government by proclamation. Pre- viously, however, political conventions had been called, resulting in the nomination of Governor Wallace for delegate to Congress on the Republican ticket, and J. M. Cannady on the Democratic. Wallace received in the election ensuing a majority of about 500 votes, a result which caused the promotion of Secretary of State W. B. Daniels, of Yamhill county, Oregon, to the post of acting governor.

The first session of the Idaho territorial legislature was not distinguished for brilliance. The laws enacted by it were of the regular routine kind, not specially original in character, but such as any newly organized territory must adopt to set the machinery of govern- ment in motion. A movement for the sequestration of the territory east of the mountains into a separate or- ganization was begun, likewise one to move the capital to some point more nearly central to the west side resi- dents. The new territory was created in 1864, and an act was passed late that same year removing the capital to Boise. But of this latter, more anon.

According to the usual custom the territory was granted three federal judges, each presiding over a dis- trict. Idaho, Nez Perces and Shoshone counties con- stituted district No. I, of which Justice A. C. Smith was in charge. One of the first acts the court was called upon to perform was to try for their lives three men ac- cused of a foul and desperately wicked crime, which on account of its historic interest must now be described in some detail.

From the mystery and heroism of the discovery of the crime and the pursuit and capture of its perpe- trators and from the fiendish atrocity which character- ized the enactment of the tragedy, this Magruder mur- der forms at once the strangest and darkest chapter in north Idaho's criminal annals. On these accounts, doubtless, and from the fact that the principal victim of the awful outrage was a man of such prominence in northwest history, the affair is well remembered by all old pioneers, its details having impressed themselves so deeply upon their minds that the lapse of nearly four decades has not sufficed to erase them. The horri- ble deed and its sequel bring into bold relief the dark depths into which abandoned humanity sometimes falls, and the courage, tenacity and ingenuity of the best de-

veloped representatives of the pioneer, when, animated by pure motives, he sets out to accomplish a desperate object. All the leading characters in this tragedy were men of unusual prominence in their way. Lloyd Ma- gruder, the victim, was credited by practically all the early miners with the honor of having been the first trail-maker into Canyon creek and the leader of the party which discovered the immensely rich John Day mines. Coming to north Idaho in the spring of 1862, he became a merchant of prominence and a packer of intrepedity. To the perpetrators of the crime, the devils of the tragedy, no one will deny the right to a bad eminence among those of their character. Hill Beachy, the avenger of the terrible deed, proved himself not only a man endowed with all the noblest qualities of manhood, but one with a mysterious development of the intuitive faculties and a rare genius for detective work. The ingenuity and courage displayed in bring- ing the Magruder murderers to justice shows that had circumstances led him into the secret service he might have performed feats rivaling those attributed to the heroes of romance.

In the summer of 1863 Magruder set out for the Bannock mines with a pack train of fifty animals laden with miner's supplies. A long, hard journey brought him safely to his destination, but disappointment met him there. True to their nomadic habits, the miners had gone to the latest center of interest, the Alder gulch placers at Virginia City. almost completely de- serting Bannock. Thither Magruder followed them. He found a prosperous camp of several thousand in- habitants, ready to purchase his wares as soon as these were exposed for sale. Soon he found himself in pos- session of several thousand dollars in gold dust and about seventy-five mules. When ready to start upon the home journey he was joined by Charles Allen, William Phillips and two young men, who were after- ward referred to in the indictment as unknown, but who proved to be Horace and Robert Chalmers, recent arrivals from Booneville, Missouri. Besides those men- tioned there were in the company Daniel Howard, familiarly known as "Doc," whose real name was Renton, Christopher Lower (or Lowry), James Ro- maine and William Page. Page had met Magruder at Bannock about the middle of September, and five or six days later at Virginia City, where he had assisted the merchant in stocking his store. His testimony is the only account we have of the awful tragedy en- acted in the Bitter Root mountains and the events lead- ing up to it. The story told by him was complete and circumstantial, bearing the stamp of truthfulness itpon its face, and proving its narrator a man of remarkable memory. The transcript of it, taken in court, is, how- ever, very brief and not at all clear on some points. Page states that Renton, Lower and Romaine were in Virginia City during the latter part of the summer, and that they stayved around Magruder's store at least a portion of the time. There is reason to believe that they left Lewiston with no other intent than to murder Magruder and take his money. Their presence about his store was probably due to their desire to ingratiate themselves into his confidence that they might the bet-

HISTORY OF NORTH IDAHO.

ter accomplish their designs. If this was their object they certainly succeeded well, for Magruder seems to have never suspected them in the slightest, though it is said that he was warned by a man named Baker against traveling with them, as they were tough men. Magruder heard that Page was going to Lewiston, and employed him to assist in driving through the horses and mules.

There was nothing untoward in their start for home and friends nor hint of approaching tragedy in the face of laughing nature as they set out from Virginia City on that bright autumn morning. No intuitive sense of danger, no dark forebodings of any kind disturbed the equipoise of Magruder's mind. The exhilaration of the crisp air and bright sunshine was no doubt felt by him and his companions, though there were those among the latter into the blackness of whose dark souls no beams of light could ever penetrate.

Those who started with Magruder on October 3d were Page, Renton, Romaine, William Phillips and the two brothers. At Beaverhead, where they camped the first night, they were joined by Charles Allen, and the next dav at Rattlesnake they met Christopher Lower. The party proceeded that day to the vicinity of Bannock, where they remained two or three days while Magruder was buying mules and attending to other business. About the 8th they resumed their jour- ney. "There were nine of us," said Page, "Lower, Renton, Romaine, Phillips, Allen, Magruder, the two. brothers and myself." For three days they traveled without casualty, meeting travelers and conversing with them occasionally. During the fourth Lower asked Page to drop behind, as Renton and Romaine wished to speak to him. Page did so, and was greatly startled by the nature of their communications. Ren- ton stated that Magruder had a great deal of money, that they purposed to have it, and that he wished Page to sleep with Phillips. He admonished his auditor not to be frightened, as he, Lower and Ro- maine would do all the "dirty work," told him that he. must take no notice of any noise he might hear in the night, but if it became necessary he was to shoot Phillips in the abdomen. Several times during the day the conspirators told Page not to be frightened. That night, however, nothing unusual transpired. Next day the conspirators again declared their determina- tion to have Magruder's money and renewed their ad- monitions to Page against being frightened. After a journey of about thirty miles they camped in a lonely spot in the Bitter Root mountains within a short dis- tance of the point where a view of the north Idaho country first greets the eye of the traveler. This spot has been rendered memorable by the commission upon it of a deed seldom equaled or surpassed for cold- blooded atrocity.

The transcript of Page's testimony is so incoherent, indefinite and confused that it is impossible to gain from it a clear and detailed idea of what transpired during that dreadful night. It appears, however, that it was the turn of Magruder and Lower to guard the animals throughout the first watch. Page said he saw the two start up the hill. Lower ahead with an axe.

The latter had given as an excuse for taking the weapon along that he wished to fence the trail so as to prevent the escape of the mules and to build a fire. The other travelers went to bed as usual. About mid- night, as he thought, Page heard somebody coming down the hill, and on investigation found that it was Renton and Lower. Renton lay down upon the blan- kets with Romaine, but soon both got up and passed by Page with axes in their hands. They went in the direction of the two brothers, and forthwith Page heard blows and mournful groans. After a few mo- ments they returned and lay down upon Page's bed. They arose again shortly. Renton shot Allen and Ro- maine struck Phillips with an axe. Allen seems to have been killed instantly. Phillips, however, made an outcry of murder after being hit, but the repeated blows of the heartless assassin speedily silenced him. Page says that as Romaine struck the first blow he said to his victim: "You - fool, I told you at Virginia City not to come. You had no business to come. I wish that Jim Rhodes had come, for I have wanted to kill him a long time."

The assassins then directed Page, who had arisen and dressed, to get ready such things as they wished to take along with them. When this was done he was next sent up the hill to look after the animals. Lower told him that if he would go a long way up he would see a fire to the right hand of the trail, but that this marked the spot where Magruder was killed. On his return they asked him if he had seen the fire. He replied: "Yes; it had got to running about among the leaves and dry logs, and I put it out." "That's where the job was done for Magruder," said Lower. "I kicked it about to burn the blood up." The assas- sins told Page they had searched the bodies during his absence and had failed to find as much money as they expected. They had tied Phillips and Allen up in a tent cloth with picket ropes. "I helped," said Page, "to tie the two brothers up-helped Lower and Ro- maine. They carried them on a stick -- I had hold of the stick-to a large, flat rock, whence they were to be rolled down the hill."

Throughout a great part of the night the four men busied themselves in destroying evidences of their crime. All the equipage not needed was burned and the ashes searched for rings and buckles, which, with the excess tinware and other incombustibles, were put into a sack, taken down the hill and hidden behind a log. Renton and Lower disposed of Magruder's body, while Romaine and Page rolled the other bodies down the canyon. "I rolled Phillips and Allen down," said Page, "Romaine, the two brothers." As we were going to roll them down he gave me a pair of moccasins to put on, so that if anybody saw traces they would think it the work of Indians."

At last these grewsome tasks were all successfully accomplished. Lower and Renton returned from dis- posing of Magruder's remains, bringing some of the mules. About twelve or fourteen were missing, one in particular that they wanted, and they spent some time in an unsuccessful search for him. Soon after they started they began shooting the mules, which

HISTORY OF NORTH IDAHO.

were following the big sorrel lead horse that Page was riding. Several were killed before they got up the Clearwater hill and the remainder were led onto a little prairie to one side of the trail, where all were despatched except eight and one horse. The things were overhauled thoroughly on this prairie and the money estimated. It amounted to eleven or twelve thousand dollars, Page understood. Here also the handle was burned out of Lower's axe and a new one put in.

The miscreants went straight to Lewiston, travel- ing with about average speed and consuming several days in making the trip from the scene of the murder. It was nine o'clock when they came into town. Renton, and Romaine looked for a boat in which to go down the Snake river but failed to find any. Page busied himself in hunting for a farmer named Goodman (or Goodrich), wishing to leave the animals with him. He eventually found the ranchman and bargained for the keep of the mules and horse until spring. Everything was left in Goodman's care, saddles and blankets, bridles, shot gun, leggings, spurs, etc. All four slept at the Hotel de France that night, and the following morning took the stage for Walla Walla. One of their number had secured the seats the evening previous, having himself and his companions waybilled under assumed names. The escape from the dangerous town of Lewiston, where they were well known and their presence was likely to excite suspicion, was successfully effected. They were now to enjoy in peace, as they supposed, the fruits of their dastardly deed.

· How sadly were these miscreants to be undeceived. Their presence in Lewiston had become known, and the avenger was already on their track. Hill Beachy was in the stage office when the murderer stalked in with an assumed swagger, walked up to the clerk's desk, threw down three twenties and asked that he and his companions be waybilled to Walla Walla. Beachy scrutinized him carefully from behind the stove and recognized him. He examined the waybill as soon as the man had departed. He then proceeded to the Luna house stables, which were in charge of Chester P. Coburn, from whom we obtained this part of our story. "Coburn," said Beachv, "you must persuade your friends (for he had some intending to take the stage) not to go on the stage in the morning."

"Why?" asked the man addressed with eager inter- est.

"Because there is danger in the air." Beachy then communicated his discoveries and suspicions. The two men together visited the other stables of the town, but no trace of the animals the men had ridden could be found. Neither had the ferryman brought them across the river.

"Well," said Beachiy finally, "try to keep your friends here until the next stage. Have they any money ?"

"Yes, one of them has $2.500 I know of and the other may have some; but they won't stay, because the boat leaves Portland for 'Frisco only every two weeks, and if they miss this stage they will have to lay over."

"Well, then, tell them our suspicions and warn

them to be sure to take the back seat and keep their guns handy ; also let the others get in the coach first. Tell them to keep a close watch all the time."

So, when Mr. Coburn awoke his friends the next morning a little after one o'clock, he communicated to them his fears. They got into the stage at the stables, taking the back seat. Beachy and Coburn rode the brake blocks to the hotel. There the four strangers, closely muffled, took their places, the horses were given the reins and the sextette and driver were speedily borne out into the night. As the coach rolled away Beachy remarked to his companion that he thought there was no danger of a robbery, as the men seemed to have considerable gold with them. But Beachy felt instinctively that something was wrong, and very soon a suspicion took hold of him that either Magruder or Ankeny was murdered and that these men were the murderers. All night he and Mr. Coburn continued their investigations. At daybreak Mose Druilard was despatched over the trail to seek tidings of Captain Ankeny, an Oro Fino merchant, and another messen- ger, named Schull, was sent toward Elk City in search of news about Magruder.

Later in the day in which the suspicious characters left by stage the continued investigation of Beachy and Coburn resulted in the discovery that the men had left their horses in charge of Mr. Goodman and that Goodman had just moved the animals and trappings out to his place in Tammany hollow, a short distance south of Lewiston. The horses and accoutrements were soon brought into town, where one of the animals was identied as having been Magruder's property. A saddle also was thought to be his. This was enough for Beachy. He swore out warrants for the four men, obtained requisition papers from Governor Wallace at the Capitol and set out in pursuit, determined to fol- low the quartette until he had effected their arrest. He was accompanied as far as Portland by Thomas Pike. By every possible means he accelerated his speed. At The Dalles he arrived just in time to miss the steamer, though he learned that his men had passed that way and knew that he was on the right track. When he reached Portland he found on inquiry that the miscreants had left on the steamer, which had de- parted for San Francisco just two hours before his arrival. Meanwhile he had been joined by Captain A. P. Ankenv. who had reached Lewiston in safety the day of Beachy's departure, and together they con- sulted hastily and decided upon a plan of action. It was determined that Captain Ankeny should attempt in a tug boat to intercept the ocean steamer at the bar in case adverse winds had detained her, while Beachy made preparations for the overland trip to San Fran- cisco in case of Ankeny's failure. Ankeny's tug arrived too late, as the steamer had gone out to sea without de- lay. Accordingly Beachy started. There was no tele- graph nearer than Yreka, California, and consequently no rest for the grim pursuer until that point was reached. Arrived at last, he wired descriptions of the men to the San Francisco police. The telegrams did not arrive until after the boat had landed, but the de- scriptions were such as to enable the police to identify

HISTORY OF NORTH IDAHO.

their men with ease, and soon the culprits were behind prison bars. Beachy got custody of the men after some delay and started back to Lewiston with them. At Walla Walla an escort of soldiers was furnished him. The party reached Lewiston during the early days of December and was met by the vigilantes of that town, but Beachy stoutly defended his prisoners, telling the people he had promised the men a regular trial. The vigilantes eventually decided to withdraw and trust the courts to administer justice. The prisoners were confined in upstairs rooms of the Luna house, Page by himself. The last mentioned turned state's evidence, and it was essential that no opportunity be allowed his partners in guilt to intimidate him, as he was the main reliance of the prosecution. Renton, Lower and Ro- maine maintained an attitude of sullen indifference throughout their incarceration, declining to affirm or deny the grave charges against them. Romaine was a schoolmate of Mrs. Beachy and hoped for some clem- ency on this account.

The following incident is related as throwing light on the character of Lower. The officers had one day conceived the idea of securing photographs of the pris- oners. The subject was broached to the men, who listened intently and then announced that they would not consent to give the photographer a sitting. Several efforts were made to secure their acquiescense, but each failed, until finally one day Lower said he would sit, so word was sent to the photographer at Walla Walla, who arrived in a short time with his outfit. Lower was sent to a tent near the Luna house. The photographer set up his machine and prepared to take the picture. Lower posed willingly. When all was in readiness the artist stepped into the dark room to fill the plate-holder. Suddenly Lower jumped from his chair, rushed over to the camera, and, picking it up, dashed it to pieces.

The sheriff and the photographer rushed over to the man, and the former inquired: "Why did you do that, Lower ?" With a demoniacal grin Lower replied : "I thought it was loaded." No further attempts were made to photograph the murderer or his comrades.

In due course the case against the three accused men came on for adjudication. The grand jury had no difficulty in returning an indictment, as the evidence of Page was direct and satisfactory. In the trial fol- lowing Samuel C. Parks, the judge of the Second judicial district, presided in place of A. C. Smith, of the First district, who was absent. J. W. Anderson and W. W. Thayer appeared as attorneys for the de- fendants-Renton, alias Howard, Lower and Romaine. Prosecutor Gray was assisted by Attorneys Rheems and Kelly. The jury finally selected to try the case was composed of George H. Sandy, foreman; Henry Hershell. Francis Gabe, Joseph Wagner, Michael Leitch, Samuel Ramsey, Nathan W. Earl, J. P. Shock- ly, John Mooney, Ezekiel Beam, Henry Myers and W. B. Holbrook. On the evening of January 23d the case was given to the jury, which, after a short absence from the trial room, returned a verdict of "guilty of murder in the first degree, as charged in the indictment, and that the punishment therefor shall be death." Three

days later the convicted men were sentenced to be hanged on the 4th of the following March, on which date they were led to a scaffold erected near the spot on which Judge Poe's residence now stands, on ground now owned by John P. Vollmer. Several hundred citi- zens had gathered to witness the vindication of justice and a company of soldiers from Fort Lapwai was pres- ent, also a number of Indians from the reservation .. Before the trap was sprung the condemned men were asked if they had anything to say. Lower with charac- teristic bravado replied : "Launch your old boat ; it's nothing but an old mud scow anyhow." This mis- creant also left a letter to be opened after his death, which was found to be extremely obscene and insult- ing in its language. Page, who escaped the scaffold by betraying his companions in guilt, was foully mur- dered by a man named Albert Igo, with whom he had quarreled previously, and such was the prejudice against the murdered man that no very energetic ef- forts were made to apprehend his slayer, notwithstand- ing the cowardly manner in which the crime had been, committed. The vigilance committee, seeing by the result of the trial of Magruder's murderers that the courts were disposed to mete out justice, disbanded soon after the execution, and though there have been lynchings since, the days of popular tribunals in north Idaho were over.

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An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 12

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