An illustrated history of the Yellowstone Valley : embracing the counties of Park, Sweet Grass, Carbon, Yellowstone, Rosebud, Custer and Dawson, state of Montana, Part 21

Author: Western Historical Publishing Co. (Spokane, Wash.)
Publication date: 1907
Publisher: Spokane, Wash. : Western Historical Publishing Company
Number of Pages: 760


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 21
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 21
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 21
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 21
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 21
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 21
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 21


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The shooting of Copley raised the public excitement nearly to madness, and Pizanthia's death was immediately decided on. A moun- tain howitzer, which had been left by a wagon train, was procured and brought within range of the cabin. Three shots were sent through the cabin and then a storming party was formed. The Mexican was found badly wounded. Unceremoniously he was taken from the building and stretched up. A clothes line was fastened about the neck of Pizanthia. The leader of the vigilantes, holding the other end of the rope, then climbed a pole, and, while his comrades held up the body, he wound the rope around the top of the stick, making a jam hitch. Before the leader had a chance to come down, the crowd blazed away with their re- volvers and rifles at the form of the murderer swinging beneath his feet. Over a hundred shots were put into the swinging corpse. Then the Mexican's cabin was razed to the ground. and a huge bon-fire kindled. A proposition to burn the body was received with cheers, and with a shout of exultation the maddened peo- ple tore down the body and hurled it upon the flames. When the fire had done its work there was not even a bone left of what a short time before had been Jo Pizanthia. The next morning a number of of notorious women the town prospected the refuse, panning out the ashes of the ill-fated desperado in search of gold, which he might have had in his pockets at the time of his death.


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On the evening of the same day that the Mexican was hung, another of the road agent gang met his fate. This was John Wagner, commonly called Dutch John, one of the brav- est and most daring of Plummer's men. Wag- ner had been captured without assistance some days before by Neil Howie, while the brigand was on his way out of the country, fearful less summary vengeance should overtake him. He and Steve Marsland only a short time before had robbed a train, and the fact that he was one of the party was known. With the as- sistance of John Fetherstun, Howie had safely conducted Dutch John to Bannack, where they were guarding him at the time his execution was ordered by the vigilantes. He had con- fessed his many crimes and had corroborated the story of the gang as told by Red.


The committee met to determine the fate of Dutch John, and after some preliminary dis- cussion, his execution was unanimously ad- judged the only penalty that would fit his many crimes, he having been a murderer and robber for years. His execution was set for one hour later, and one of the party went to inform the prisoner of his doom. Like Plummer had done the day before he begged hard for his life. He said: "Do with me as you please. Disable me in any way : cut off my hands and feet ; but let me live. You can certainly de- stroy my power for harm without taking my life."


Of course his pleadings were in vain, and he was taken at the appointed time to the scaffold upon which his leader had been hung the day before. Here he mounted the barrel ; the noose was placed about his neck ; the man laid hold of the rope that encircled the barrel, and when all was ready, the barrel was jerked from beneath him, and the stalwart form of the robber was soon cold in death.


While the executions just mentioned had been taking place in Bannack, the vigilantes at Virginia City were not inactive. Six mem-


bers of the band were known to be in the city, and it was decided to attend to their cases at once. On the thirteenth orders were sent out for the vigilantes to assemble in force to make the arrests and conduct the trials. That evening the city was encircled by more than five hundred men, who formed a cordon to prevent the escape of the men wanted while the executive council was in session deliberat- ing upon the evidences of guilt of the six men. So quietly was the guard placed about the city that not until the next morning did the people of Virginia City learn about it. One of the doomed men, however-Bill Hunter-suspect- ing danger, had crawled away along a drain ditch and made his escape.


"While the committee was deliberating in secret," writes Prof. Dimsdale, "a small party of 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 re- marked, "while we are here betting, those vig- ilante are passing sen- tence upon 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."


When the morning of the fourteenth broke the citizens were very much astonished to see the pickets of the vigilantes surrounding the town. The city was like an entrenched camp. Hundreds of men with guns on their should- ers were marching through the snow on all the surrounding hillsides, with military regu- larity and precision. People knew what was coming and talked with abated breath of the doom which certainly awaited those of the gang who were still in the city. Messengers were sent to the other towns in the gulch to come and assist in the trials. Other members of the vigilantes were detailed to arrest and bring before the committee the following men : Jack Gallagher, George Lane (Club-foot George). Boone Helm, Frank Parish, Hayes


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Lyons and Bill Hunter. The members of the branch organizations from Nevada, Junction, Summit, Pine Grove and Highland came to town in detachments and formed in a body on Main street. The town was soon full of people.


So thorough were the preparations that all the men wanted except Hunter, who had made his escape, were captured with little dif- ficulty, and brought before the executive board. Here each was given a hearing, and nothing being adduced to change the minds of the vig- ilantes, it was decided to proceed with the exe- cution at once.


Before being taken to the place of execu- tion, the prisoners were thus addressed by the president of the vigilantes: "You are now to be conducted to the scaffold. An opportunity is given you to make your last requests and communications. You will do well to improve it by making a confession of your own crimes and putting the committee in possession of in- formation as to the crimes of others." All re- fused to confess or to make a statement of any kind. The prisoners were then pinioned, and the chief called upon men that could be de- pended upon to take charge of the condemned criminals. The plan adopted was to march the criminals, each between two vigilantes, who grasped an arm of the prisoner with one hand, and held in the other a navy revolver ready for instant use. Some six or eight thousand people were present at the execution, and the vigilantes were exceptionally careful to prevent an attempt at rescue. The doomed men were marched into a hollow square which was flanked by four ranks of vigilantes. A column in front and rear, armed with shot guns and rifles carried at half present, ready to fire at a moment's warning, completed the precautions to prevent the escape of the pris- oners and possible aid from their friends in the crowd. Pistol men were distributed throughout the crowd to attend to the general deportment of outsiders.


The central cross-beam of an unfinished log building at the corner of Wallace and Van Buren streets was selected for a scaffold. The building was roofless, and its spacious open front exposed the interior to the full view of the crowd. Five ropes were drawn across the beam to a proper length and fastened firmly to the logs in the rear basement. Under each noose was placed a large empty dry goods box, with cord attached for the drops. The pris- oners were marched in and each one stepped upon one of the boxes. It was decided to ex- ecute the men one at a time, and at the now familiar words, "Men, do your duty," the box upon which one of the criminals was standing would be jerked away, and a dangerous out- law would be launched into eternity. Thus one by one five more of Plummer's gang was made away with.


These executions were a fatal blow to the road agents, who now saw that the vigilantes were in earnest in their intentions to bring to justice every one of the road agents. They no longer hesitated, but every one endeavored to get out of the territory. People no longer feared to express opinions on the side of right. All the ruffians had now fled from Virginia City and Bannack, having taken their way over the range to Deer Lodge and Bitter Root, intending to return to their old haunts in the mining camps of Idaho. The vigilantes had decreed, however, that all members of the gang must suffer death for their crimes, and plans were laid to hunt down and execute all who were on the list.


A company of twenty-one men started out from Nevada on the 15th, the day after the ex- ecution of the five bandits at Virginia City. They proceeded to Big Hole and from there sent out a small detachment to Clarke's ranclı in pursuit of Steve Marshland, who with Dutch John had attacked Forbes' train and been wounded. The party found Marshland in bed with his feet badly frozen. On being in- formed of the purpose of the visit Marshland


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denied everything, but later confessed his crimes, and begged for mercy. A pole was stuck into the ground and leaned over the cor- ral; a box was placed for him to stand on, and from this improvised scaffold he was hung. This was on the 16th. The detachment re- turned to the main body of vigilantes and re- ported the hanging.


The party now pushed on to Deer Lodge, where they found that nearly all the men wanted had taken fright and left the town. However, they found two whom they wanted -Bill Bunton and "Tex." These were cap- tured and tried. Bunton was unanimously sen- tenced to death, while "Tex" was cleared. Bunton was executed on the 19th from an im- provised scaffold formed by a corral gate. Without waiting for the "All ready, boys," he leaped from the plank and died without a struggle.


The next few days witnessed the execu- tion of several more members of the gang. Learning that several of the men wanted were at Hell Gate, a little settlement about ninety miles down the river, the vigilantes at once set out for that place. After many hardships they reached the place and entered the town on a dead run. They found Cyrus Skinner, one of the men wanted, in the doorway of his saloon, and that road agent was taken without much trouble. Alec Carter, another member of the gang and one who had a part in the murder of Tbalt, was found in the building next to Skin- ner's saloon, and taken into custody. The two men were taken to Higgins' store and their ex- amination was immediately commenced. Be- fore the examination of these men was com- pleted Johnny Cooper, another of the road agent gang, was arrested. All were found guilty, and Carter confessed to complicity in the nîurder of Tbalt.


While these trials were in progress a de- tachment of eight men left Hell Gate in search of Bob Zachary, whom they found at the cabin of Barney O'Keefe. Zachary was taken and


the party started back toward Ilell Gate. It was learned that a stranger, who answered the de- scription of George Shears, another of the band, was stopping at Van Dorn's cabin, in the Bitter Root Valley. Three vigilantes left to investigate and captured Shears without an effort. He was immediately conducted to the barn, where, a rope being cast over a beam, he met his doom. To save the trouble of prepar- ing a drop, the prisoner was requested to climb a ladder and jump off as soon as the noose was prepared. This he did without any apparent reluctance. This hanging occurred on the 24th.


Skinner and Carter were executed early in the morning of the 25th. Scaffolds were hastily erected by placing poles over the fence of Higgins' corral, dry goods boxes being used for the drop. Each man, as he was being launched into eternity, exclaimed, "I am inno- cent," the password of the band. Later the same day Johnny Cooper was hanged from the same scaffold. He was quite badly woun- ded at the time and had to be drawn to the place of execution in a sleigh. The party which had captured Zachary brought him to Hell Gate the same day. He was tried and found guilty. On the scaffold he prayed that God would forgive the vigilantes for what they were doing, as it was the only way to clear the country of road agents. He died without ap- parent fear or suffering.


The execution of William Graves (Whis- key Bill) took place on the 26th at Fort Owen. Intelligence had been received at Hell Gate that Whisky Bill was at Fort Owen, and three men were sent immediately to arrest and execute him. He had repeatedly sworn that he would kill any vigilante that came his way, and when found he was armed and on the look- out. His captors swooped down on him so suddenly, however, that he did not have time to make resistance, and was easily captured. He refused to make a confession. Mr. Lang- ford tells of his execution as follows : "A rope was tied to the convenient limb of a tree, and


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the drop extemporized by placing the culprit astride of a strong horse, behind a vigilante. When all was ready the rider, exclaiming 'goodbye, Bill,' plunged the rowels into the sides of the horse, the fatal noose swept the rubber from the seat, breaking his neck by the shock, and killing him instantly."


This had been one of the most successful raids of the vigilantes since starting out, and the work was fully appreciated by the people living in the Hell Gate neighborhood. There had been a reign of terror in the neighborhood since the desperadoes had been driven out of Bannack and Virginia City. Their work having been completed, the vigilantes set out on the return to Nevada.


It will be remembered that when Boone Helm and his comrades were hung at Virginia City, the death penalty had also been pro- nounced upon Bill Hunter, who, however, managed to escape through the pickets. Soon after it was learned that this man was living in the Gallatin valley. On February 3rd he was captured and executed-the last of the Plummer gang of road agents. A number of vigilantes, under the pretence of joining the Barney Hughes stampede to a new placer dis- covery, set out to effect his capture. As soon as his whereabouts were definitely known four resolute men volunteered to capture and ex- ecute him. On the evening of the 2nd these men arrived, after a long and perilous journey, at a log cabin in the neighborhood of the rocky jungle where their game had taken cover. He was taken captive, and a return journey in the direction of Virginia City was commenced. About two miles from the cabin the party halted under a solitary tree. Here breakfast was had, and then ensued a brief consultation as to what disposition should be made of the prisoner, it being decided after some discussion that his execution should take place at once. A noose was prepared and the rope passed over the limb of the tree. When everything was in readiness the men took hold of the rope


and at a given signal, by a rapid pull, the pris- oner was run up so suddenly that he died with- out apparent suffering. So strong is the rul- ing passion in death that as he was suspended in the air and, certainly, unconscious, he reached as if for his revolver and pantomimi- cally cocked and discharged it six times. Leav- ing the corpse suspended from the tree, the vigilantes now hurried homeward at a rapid pace.


Thus perished the last one of Henry Plum- mer's road agent band. The bloody reign of terror was at an end. The punishment of the wrong doers had been severe, but severe meas- ures were necessary. We quote at some length from two authorities on the vigilante question of Montana, showing the opinions of the people on the methods adopted to bring a condition of law and order out of one that had before been one of lawlessness. Mr. N. P. Langford has written :


The retribution, almost Draconic in severity, ad- ministered 10 these daring freebooters had in no re- spect exceeded the demands of absolute justice. If the many acts I have narrated of their villainies were not sufficient to justify the extreme course pursued in their extermination, surely the unrevealed history, greater in enormity, and stained with blood of a hundred or more additional victims. must remove all prejudices from the public mind against the voluntary tribunal of the vigilantes. There was no other remedy. Practic- ally, they had no law, but, if law had existed, it could not have afforded adequate redress. This was proven by the feeling of security consequent upon the destruc- tion of the band. When the robbers were dead the people felt safe, not for themselves alone, but for their pursuits and their property. They could travel with- out fear. They had a reasonable assurance of safety in transmission of money to the states, and in the ar- rival of property over the unguarded route from Salt Lake. The crack of pistols had ceased, and they could walk the streets without constant exposure to danger. There was an omnipresent spirit of protection, akin to that omnipresent spirit of law which pervaded over civilized communities. Men of criminal instincts were cowed before the majesty of an outraged people's wrath, and the very thought of crime became a terror to them. Young men who had learned to believe that the roughs were destined to rule, and who, under the influence of that guilty faith, were fast drifting into crime, shrunk appalled at the thorough work of the


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HISTORY OF MONTANA.


vigilantes. Fear. more potent than conscience, forced even the worst of men to observe the requirements of civilized society. and a feeling of comparative security among all classes was the result.


Prof. Thos. Dinsdale has written:


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 disgusting duty that de- volved 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 dis- like, 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 bless- ings of future generations, whether they receive them or not.


After the vigilantes had executed the last of the road agent band, they considered that their work was nearly completed. They had freed the country from highwaymen and mur- derers-at any rate there was no organized band in the territory. There being no regular civil authority, the people decided to establish what was known as a people's court, where all offenders should be tried by judge and jury and where all civil matters should be disposed of. This was the nearest approach to civil order that the circumstances permitted, and, while not strictly legal, the people determined that its decrees should be enforced. The vig- ilantes did not at once disband, however, and for some time afterward the fact that the or- ganization was still in existence caused a re- straint on acts of the lawless. Several more executions were made by this band before their place was taken by civil authorities. A few reckless spirits remained who, after the excitement was over, forgot the lessons that had been taught.


The vigilantes were censured quite severely


for some of these latter acts, it being consid- ered that they were carrying their self-consti- tuted power too far. The first execution after the work detailed in this chapter was that of J. A. Slade of Virginia City, a man who had many friends among the best people of the commun- ity but who was terrorizing rough when drink- ing and made life miserable for the people of Virginia City. We shall not go into detail in telling of these latter doings of the vigi- lantes, but simply give an outline of their work.


Early in the summer of 1864 James Brady was hung near Nevada for the attempted mur- der of one Murphy, a saloon keeper. In Sep- tember of the same year Jem Kelly was hung by the Virginia vigilantes for the robbery of a coach going from Virginia City to Salt Lake. The hanging took place near Portneuf. On September 17, 1864, John Dolan was hung at Nevada for the robbery of James Brady and for suspicion of having been connected with stage robbery. He escaped to Salt Lake City, but was brought back. In the fall of the same year R. C. Rawley was hung at Bannack, upon the same gallows that Plummer had met his doom. Rawley was hung principally for his threats against the vigilantes and the fact that he was suspected of having been a spy for the Plummer gang. He had left the country when the vigilantes first made their appearance, but had come back that summer.


Soon after the discovery of the precious metal in Prickly Pear valley and the springing up of the town of Helena John Keene was ex- ecuted there for the murder of Harry Slater. Many roughs came to the new diggings and to protect themselves the citizens of the new town organized a branch of the vigilantes, many of the members of the older organiza- tion becoming members. Shortly after this organization Jake Silvie was arrested at Dia- mond City, about forty miles east of Helena, on the charge of robbery, obtaining goods under false pretenses and various other crimes of a similar nature. He was brought to Helena


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and at his trial admitted that he had been a robber for twelve years and that during that time he had taken part in twelve murders. He was hanged.


The last execution by the Virginia vigil- antes were two horse thieves named John Mor- gan and John Jackson. These were executed for horse stealing, but before death admitted that they were road agents.


The committee at Helena and a newly or- ganized one at Diamond Gulch were occasion- ally called upon to make examples of outlaws who had come to those camps, and several ex- ecutions were necessary before order was re- stored. The most remarkable case here was that of James Daniels for the murder of a man named Gartley at Helena. Daniels was tried by the civil authorities and found guilty of manslaughter. He was sentenced to serve a term of three years in the territorial peniten-


tiary. He was reprieved by the executive and promptly returned to Helena, where he was hanged by the vigilantes.


So much confidence did the people of Mon- tana have in the vigilantes that when the ter- ritory was organized many people scouted the idea of having any better law for their protec- tion. When the new officers arrived they were told by some that the courts might be called upon to settle the civil cases, but that the peo- ple wanted no other laws than those laid down and executed by the vigilantes. When, how- ever, they found the courts adequate to their necessities, vigilante rule gradually gave way to the civil authorities. In some extreme cases the court's slow action was anticipated and the old organization was again called into vogue, but this occurred only when the offence was of a very aggravated character.


PART II PARK COUNTY


CHAPTER I


EXPLORATION AND EARLY SETTLEMENT-1806 TO 1882.


It was on Tuesday, the 15th day of July, 1806, that the first white man set foot on soil that is now within the boundaries of Park county. On that date a party consisting of twenty men, one squaw, one papoose and 50 horses, under the command of Captain William Clark, crossed the belt range of mountains at the point which in later years became known as the Bozeman pass and descended the east side. Details of this journey are in another chapter of this work.


The operations of the various fur traders and trappers are given in the chapter entitled "The Fur Traders."


Jim Bridger, he of Rocky mountain fame, spent the winter of 1844-45 in that part of the county now known as Emigrant gulch with a band of Crow Indians. This statement has been vouched for by C. R. Glidden, who has stated that the fact was verified by certain marks and signs used by all mountaineers and which has been accurately described to the first settlers in Emigrant gulch.


Mr. D. B. Weaver, who began mining in Emigrant gulch in 1864, has this to say of evidences of Mr. Bridger having been there at an early day. According to this account,


the time of Mr. Bridger's residence here would appear to have been earlier than the date given by Mr. Glidden :


"In Curry's district (in 1864), about a mile from the valley, stood a lonely pine tree, some twenty inches in diameter, around which was placed eighteen or twenty large elk horns with the concave side next to the tree. In the course of a number of years the growth of this tree caused the tree to expand and caused the horns to be tightly fastened around the tree so they could not be removed. It was a problem no one could solve who had placed the horns around the tree or how long ago it had been done. This was a question that none could answer. During the fall of 1864 Cap- tain Fridley built a log house in Bozeman which was used by the traveling public as a place to stop in over night, by spreading their blankets on the ground floor. Here one night in the fall of 1864 a number of travelers were resting, among the number Jim Bridger, Rich- ard Owens and others. One of the men was telling about these elk horns around the tree over in Emigrant gulch. Old Jim Bridger spoke up, saying, 'I helped to put them elk horns there twenty-five years ago.' Now, tak-




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