USA > Montana > Yellowstone County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Park County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Dawson County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Rosebud County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Custer County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Sweet Grass County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
USA > Montana > Carbon County > An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102
The account of this trial, the most remark- able one that has ever come to our notice, we shall present in the words of Mr. N. P. Lang- ford, who was one of the jurymen-the only one who had the courage to render a verdict in accordance with his conviction :
Every man was armed, some with rifles and shot guns, others with pistols and knives. The friends of the prisoners gave free utterance to threats, which they accompanied with much profane assumption of supe- rior power and many defiant demonstrations. Pistols were flourished and discharged, oaths and epithets freely bestowed upon the citizens, and whatever ve-
7
98
HISTORY OF MONTANA.
hemence of gesture and expression could do to intimid- ate the people, was adopted. Amid all this bluster it was apparent from the first that the current of popular opinion set strongly against the prisoners. There was an air of quiet determination manifested in every movement preparatory for the trial. The citizens were ready for an outbreak, and the least indication in that direction would have been the signal for a bloody and decisive battle. It is not improbable that an attempt at rescue was prevented by the presence of the over- powering force of armed and indignant citizens.
The efforts of the roughs to suppress the trial only increased the indignation of the people, and after electing a temporary chairman, a motion was made that the accused be tried by a miners' court. * *
When the motion was made to substitute the miners' court it fell into their midst like a thunderbolt. They regarded a trial by the mass as certain of conviction as a trial by jury would be acquittal, not because the later would be any less likely than the former too per- ceive their guilt, but because fear of personal conse- quences would prevent them from declairing it. Men whose identity was lost in a crowd would do that which if they were known, would mark them as victims for future assassination. The friends of the prisoners showed the estimation in which they regarded this consideration when they openly threatened with death every individual who participated in the trial. They anticipated that, as none would dare in defiance of this threat to act upon a jury. all proceedings would be suppressed, thus renewing the license for their con- tinued depredations.
The statement of the motion by the chairman was the signal for a violent commotion among the roughs. One long howl of profanity, mingled with the most dia- bolical threats and repeated discharge of pistols, filled the room. Many shots were turned from their deadly aim by timely hands and discharged into the ceiling. Knives were drawn and flourished in the faces of prom- inent citizens, accompanied with threats of death in case the motion prevailed. The scene was fearful in the extreme. The miners in different parts of the crowd could be seen getting their guns and pistols ready for a collision which at one stage of the tumult it seemed impossible to avoid. At length the repeated cries of the chairman for order, and the earnest voices of several persons who were desirous of discussing the proposition, allayed the noise and confusion, so that they could be heard. The guilt of the prisoners was so palpable that the people deemed any sort of a trial which would not speedily terminate in their condem- nation a farce. A very large majority were in favor of a miner's court, because they foresaw that any other form of trial afforded opportunity for escape. Three hours were spent in determining the question. Many short, emphatic arguments were made. In the mean- time the disturbance made by the roughs waxed and waned to suit the different stages of the discussion.
-----:
Shots at one moment and shouts at another betrayed their approval of the sentiments of the speaker. I had from the first made myself offensive to my own immed- iate friends and intimates by pertinaciously claiming for the prisoneers a trial by jury, and mounting a bench I embraced an early opportunity to give, in a few pointed words addressed to the assembled miners, my views. I reminded them of the constitutional pro- vision which secured to everyone accused of crime a trial by jury. It was the law of the land, as appli- cable on this as on any other occasion. The men were probably guilty ; if so, the fact should be proved ; if not, they had the right by law. on proving it, to an acquittal. Moreover they had surrendered at a time when they could not have been captured, upon the express con- dition that they should be tried by jury. I asked, "Shall we ignore the agreement made with them by our officers?" I concluded by offering a motion that they be tried by jury. It was negatived by three to one. Immediately a cry rose in the crowd, "Hang them at once;" this was followed by other cries of "String 'em up," "To the scaffold with 'em." Pistols were drawn and flourished more freely than before, and many personal collisions, resulting in bloody noses, black eyes and raw heads took place in all parts of the room. Another hour was spent in discussion, and finally by a bare majority it was agreed to give the prisoners the benefit of a trial by jury.
It is impossible to portray with accuracy of de- tail the fearful effects of passion which were exhibited by the assembly while this question was being deter- mined. On a limited scale it could not have been unlike some of the riotous gatherings in Paris in the days of the first revolution. It wanted numbers, it wanted the magnificent surroundings of those scenes, but as an exhibition of the passions of depraved men, when in- flamed with anger, drink and vengeance, it could not have been greatly surpassed by them.
Order at length being restored, a portion of the room was enclosed with scantling for the accommoda- tion of the court and jury. J. F. Hoyt was elected judge, Hank Crawford sheriff and George Copley prosecutor. The jury was next chosen by a vote of the people. My own appointment on the jury was urged by the roughs as a compliment for my efforts to ob- tain for them a jury trial. I was regarded by them as a friend. and they hoped confidently for acquittal through my influence.
At first it was determined that the examination of the witnesses for both prosecution and defence should be conducted by George Copley, the prosecutor, but upon an appeal for justice in behalf of the prisoners it was at length decided by a small majority that the accused should be allowed the assistance of counsel, with the understanding that all the questions of their counsel were first to be submitted to the prosecutor. Hon. William C. Rheem was chosen to defend the pris- oners, and there were many threats of violence toward
99
HISTORY OF MONTANA.
him for consenting to conduct the defence. It was agreed that the arguments to be made on either side should be brief, and that the trials should be urged to their conclusion with all possible expedition. Mr. Rheem's ability as a lawyer was unquestioned-which fact furnished to those who objected to a jury trial their principal reason for opposing his employment as counsel for the prisoners. As the extent of Mitchell's criminality was uncertain, he was allowed a separate trial. His case was first brought under examination. It appeared in evidence that he accompanied Moore and Reeves on their second murderous visit to the tepee, but he was able to show that he did not once fire his gun, and consequently could not be guilty of murder. His trial was soon terminated. The jury recommended that he should be immediately banished from the gulch.
The guilt of Moore and Reeves was fully estab- lished. This result was foreseen by their friends; and while the trial was in progress they sought by threats and ferocious gesticulations to intimidate the jury. Gathering around the side of the enclosure occupied by the jury, they kept up a continued conversation, the purport of which was that no member of that court or jury would live a month if they dared to find the prisoners guilty. Occasionally their anger waxing hot. they would draw their pistols and knives, and brandishing them in the faces of the jurymen, utter a number of filthy epithets, and bid them beware of their verdict. Crawford was an object of their especial hate. Their abusive assaults upon him and threats were so frequent and violent that at one time he tendered his resignation and refused to serve, but upon the promise of his friends to stand by and protect him he retained his position. The case was given to the jury at about seven o'clock in the evening. A friend of the prisoners in the court room nominated me as foreman, but upon my refusal to serve under that nomination I afterwards received the appointment by a vote of my fellow-jury- men.
The jury were occupied in their deliberations until after midnight. No doubt was entertained, from the first, of the guilt of the prisoners, but the exciting question was whether they could afford to declare it. They all felt that to do so would be to announce their own death sentence. They knew that the friends of the prisoners fully intended to have life for life. They had sworn it. One of the jurymen said that the pris- oners ought never to have been tried by a jury, but in a miners' court, that he should not be governed in his decision by the merits of the case, but that, as he had a family in the states to whom his obligations were greater than to that community, he should have to vote for acquittal. After much conversation of this sort, which only served to intensify the fears of the jurymen, a vote was taken which resulted as follows: not guilty, II ; guilty. 1; myself, the supposed friend of the roughs, being the only one in favor of the death penalty. It was apparent that further deliberation would
not change this decision, and the jury compromised by agreeing to a sentence of banishment, and a confiscation of the property of the prisoners for the benefit of those they had wounded.
The court met the ensuing morning, when the ver- dict, under seal, was handed to the judge. He opened and returned it to the foreman, with the request that he read it alond. An expression of blank astonishment sat upon the face of every person in the room, which was followed by open demonstrations of general dis- satisfaction, by all but the roughs, who, accustomed to outrages and long immunity, hailed it as a fresh con- cession to their bloody and lawless authority.
That this, the first test of strength be- tween the roughs and the law abiding citizens, was a complete victory for the tough element was demonstrated by the events of the next few days. Mitchell remained away only a few days-if he ever left the town-and was not molested upon his return. Shortly afterwards a miners' court was called, and the verdict of banishment against Moore and Reeves was re- scinded. This action was taken in view of the fact that the sentence against Mitchell was not enforced. The roughs now considered then- selves in complete control of the town. They believed, and rightfully, that the people were afraid of them. All who had taken an active part in the trial lived in constant fear because of treats against their lives. Especially bitter were the roughs against the judge, J. F. Hoyt ; the sheriff, Hank Crawford; and N. P. Langford, the juryman who voted for the death sentence. Now the lovers of law and order and the criminal element were brought into open, public antagonism-and the crimi- nals had the upper hand.
Shortly after the trial the gang of toughs held a meeting, at which it was agreed to kill every active participant in the trial of Moore and Reeves. The victims were all named, as were the men who were to dispose of them, and the work was deliberately planned. This wholesale vengeance was to be accomplished secretly, or by provoking into a quarrel those who were marked for slaughter and then dis- patching them under the guise of self defense.
100
HISTORY OF MONTANA.
So thorough were they in this work that within five months after the trial, not more than seven of the twenty-seven who participated in the trial as judge, prosecutor, sheriff, witnesses and jurors, were left alive in the territory. Eight or nine were known to have been killed by members of the band, and others had fled to escape a fate which they knew had been de- termined upon.
Crime became rampant and no man's life was safe. Murderers walked the streets of Bannack and feared not punishment. It would be hard to imagine a more deplorable state of society. Mr. Langford has written of this period of the camp's history: "Had it been possible at any time during the period I have passed under review, for the peaceable citizens of Bannack to return to their old homes in safety, such was the terror that environed them, I doubt not that nearly all would joy- fully have gone. The opportunity for speedy accumulation of fortune from a prolific gold placer offered small compensation for the daily risk of life in obtaining it, and the possibility of ultimate destruction to the entire settlement. The people were spellbound, and knew not what to do. They assented almost passively to the belief that the ruffian population, when dis- posed, was strong enough to crush them; and when a murder was committed, or a robbery made, expressed no stronger feeling than that of thankfulness for their own escape."
Up to June, 1863, Bannack was the only camp in the territory. Then came the discov- ery of rich placers in Alder gulch, and Virginia City came into existence, destined to become the most important camp in the territory. With the stampede that followed came nearly all the rough element from Bannack, as well as hun- dreds of others from different parts of the country, and almost immediately the road agent gang had control of the camp. Henry Plummer, the leader of the gang, who was sheriff of Bannack, by means of threats suc- ceeded in getting himself elected sheriff of Vir-
ginia City. He was now sheriff of both camps, and three of his deputies, Jack Gallagher, Buck Stinson and Ned Ray, were members of the road agent gang. Another of his deputies, however, was a man named Dillingham, who was of an entire different character. By means of his office he learned the names of the road agent band and many of their plans, although he was entirely innocent of crime himself. This fact, of course, brought him a speedy death.
Dillingham was murdered in cold blood by Hayes Lyons, Buck Stinson and Charley Forbes. Again was the people's ire aroused as it had been at the time of the shooting into the Indian tepee, and vengeance was de- manded. A people's court was organized and the three murderers were tried by the people en masse. Stinson and Lyons were tried first and by an almost unanimous verdict were de- clared to be guilty. The death sentence was imposed. Forbes was cleared, although he was equally guilty with the others. Prepara- tions were at once made to carry out the sen- tence imposed upon Lyons and Stinson ; a gal- lows was erected and graves dug; the men were taken to the place of execution. Then so strong were the pleas for mercy by the con- demned themselves and several ladies who had assembled to witness the hanging that a vote was ordered taken to determine whether or not the execution should proceed. After several votes had been taken, in which the friends of the condemned men successfully increased the vote by unfair means, it was decided to liber- ate the men, and horses were furnished them to leave the camp. Thus terminated another miscarriage of justice, and no crime had yet been punished in the future territory of Montana.
This failure of justice naturally caused a deterioration in the condition of society, bad as it had been before. No man felt that he could call his life his own in Virginia City or the neighboring camps in Alder gulch. Wounded
IOI
HISTORY OF MONTANA.
men lay almost unnoticed about the city. 1 writer of these times has said that "a night or a day without shooting, knifing or fighting would have been recognized as a small and welcome installment of the millenium." To give an idea of the conditions in Virginia City at a time just prior to the organization of the vigilance committee, we reproduce the follow- ing from Mr. Langford's "Vigilante Days and Ways :"
Gold was abundant, and every possible device was employed by the gamblers, the traders, the vile men and women that had come with the miners to the locality to obtain it. Nearly every third cabin was a saloon where vile whiskey was peddled out for fifty cents a drink in gold dust. Many of these places were filled with gambling tables and gamblers, and the miner who was bold enough to enter one of them with his day's earn- ings in his pocket seldom left until thoroughly fleeced. Hurdy-gurdy dance houses were numerous, and there were plenty of camp beauties to patronize them. There too, the successful miner, lured by siren smiles, after an evening spent in dancing and carousing at his ex- pense, steeped with liquor, would empty his purse into the lap of his charmer, for an hour of license in her arms. Not a day or night passed which did not yield its full fruition of fights, quarrels, wounds or murders. The crack of the revolver was often heard above the merry notes of the violin. Street fights were frequent, and as no one knew when or where they would occur, every one was on his guard against a random shot.
Sunday was always a gala day. The miners then left their work and gathered about the public places in the towns. The stores were all open, the auctioneers specially eloquent on every corner in praise of their wares. Thousands of people crowded the thorough- fares. ready to rush in any direction of promised ex- citement. Horse-racing was among the most favored amusements. Prize rings were formed, and brawny men engaged at fisticuffs until their sight was lost and their bodies pommelled to a jelly, while hundreds of on-look- ers cheered the victor. Hacks rattled to and fro between the several towns, freighted with drunken and rowdy hu- manity of both sexes. Citizens of acknowledged re- spectability often walked, more often perhaps rode side by side on horseback, with noted courtesans in open day through the crowded streets, and seemingly suffered no harm in reputation. Pistols flashed, bowie- knives flourished, and braggart oaths filled the air, as often as men's passions triumphed over their reason. This was indeed the reign of unbridled license, and men who at first regarded it with disgust and terror, by constant exposure soon learned to become part of it, and forgot that they had ever been aught else. All
classes of society were represented at this general ex- hibition. Judges, lawyers. doctors, even clergymen, could not claim exemption. Culture and religion af- forded feeble protection where allurement and indul- gence- ruled the hour.
Underneath this exterior of recklessness there was in the minds and hearts of the miners and business men of this society a strong and abiding sense of justice-and that saved the territory.
An instance of the overbearing and high handed rule of the desperadoes is shown by the custom of George Ives, who was the first one of the band to be executed. When in need of money he would mount his horse, and with his ever ready pistol in hand, ride into a saloon or store, and throw his empty buckskin purse upon the counter with the request that it be filled with gold dust as a loan. The proprietor or clerk of whom the demand was made knew better than to refuse. Often while the gold was being weighed Ives would amuse himself by firing his revolver at the lamps or other articles of furniture that would make a crash when hit. This outrage occurred so many times it attracted very little attention, and peo- ple submitted to it, believing that there was no redress-and there was not until later.
While conditions in the camps were as we have described them, life there was compara- tively safe when we consider the dangers that beset those who undertook a journey when any great amount of money was carried. The only stage route in the country was between Virgin- ia City and Bannack, a region admirably ad- apted to the operations of the road agents. From the former place to Salt Lake City, the objective point for all who were leaving the country, lay a route nearly five hundred miles long through a wild 'and unsettled country. Lucky, indeed, was the miner who was success- ful in making this trip on his way out of the country if he had any considerable amount of gold dust. It is impossible to even estimate the number of persons who fell victims to the road agents on this long and perilous journey. The inquiries of relatives and friends for hundreds
102
HISTORY OF MONTANA.
of them for months and years after their depar- ture from the mining camps of Montana leaves no doubt that the robbers did a thriving busi- ness and that many a bloody deed was commit- ted on that trail.
It was not until the last day of 1863 that the people became aroused to such an extent that summary vengeance was demanded and that the first member of the road agent gang met death at the hands of an outraged people. The beginning of this reign of terror to the law- less was brought about by the murder of a young German by the name of Nicholas Tbalt, who was foully murdered by George Ives for a small sum of money.
Tbalt, who was in the employ of Burtchy & Clark, had sold that firm a span of mules and had received the money for them. The ani- mals were in charge of herders at Dempsey's ranch, and the young German left, taking the gold with him, to bring the mules. Several days elapsed without the return of the young man, and his employers believed that he had left the country, taking the money and mules with him. As a matter of fact he had secured the mules and was returning with them, when he met George Ives, who murdered him, robbed him of the money and took the mules. Nine days later the body was found, almost miracul- ously, by William Palmer, who was hunting grouse in the neighborhood of the cabin of John Franck-better known as Long John. Palmer had shot a grouse, and upon going to the spot where he saw it fall, the dead bird was found lying upon the dead body of the mur- dered man, the location being in a clump of heavy sage brush, completely concealed and at a distance from the road-a spot which would never have been visited except by chance. The hunter went at once to the wakiup occupied by Long John and George Hilderman, a dis- tance of a quarter of a mile, informed them of the finding of the body, and asked their assis- tance in placing the corpse in his wagon that he might bring it to town.
"We'll have nothing to do with it." said Long John. "Dead bodies are common enough in this country. They kill people every day in Virginia City, and nobody speaks of it, nobody cares. Why should we trouble our- selves who this man is after he's dead?"
Without assistance Palmer contrived to place the corpse into the wagon and brought it to Nevada. Here it was identified, and for half a day lay exposed in the wagon, being visited by hundreds of people from the differ- ent camps in the gulch. A bullet wound over the left eye showed the cause of death. The body bore the marks of a lariat about the throat, which had evidently been used to drag him, while still alive to the hiding place. The hands were filled with small pieces of sage brush, showing that the unfortunate man still lived while being dragged to this out of the way place by his murderer.
The sight of the dead body, bearing evi- dence of cruel deatlı, aroused. the indignation of the people to an extent never before equalled in the community. Then and there they re- solved to avenge the death. The reaction against the criminal element had commenced. A campaign against crime was inaugurated, which ceased not until the country was entirely freed of the bloodthirsty brigands.
At ten o'clock in the evening of the same day that the corpse was brought to Nevada twenty-five citizens of that camp left in search of the murderer. All subscribed to an obli- gation of mutual support and protection, and a more determined band of men never set forth on an errand of justice. Before daylight the next morning the party arrived at the wakiup of Long John, where were found asleep Long John, "Old Tex," Alex Carter, Bob Zachary, Whisky Bill, Johnny Cooper and a couple of innocent strangers who had fallen in with the roughs the evening before. Long John was arrested for the murder, who, after a severe examination, declared Ives was the guilty party. Ives and "Old Tex" were also taken
103
HISTORY OF MONTANA.
into custody and the march back to the camp was commenced, George Hilderman being taken on the way back. A daring attempt to escape was made by Ives on the return march, but was defeated, and the cavalcade arrived in Nevada soon after sunset, on the 18th of December, 1863.
Then began the usual controversy as to the mode of trial. The roughs became alarmed and sent a messenger to Plummer at Bannack to inform him of the high handed outrage that was being' perpetrated in defiance to law and with no regard whatever to the constitutional authorities. They asked that he come at once and demand the prisoners for trial by the "civil authorities," in which case he, as sheriff, would have the selecting of the jurors. Plummer, however, did not put in an appearance, and the trial proceeded without any interference from the "civil authorities."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.