Read Ebook: The vigilantes of Montana; Or popular justice in the Rocky Mountains Being a correct and impartial narrative of the chase trial capture and execution of Henry Plummer's road agent band together with accounts of the lives and crimes of many of the robbers by Dimsdale Thos J Thomas Josiah

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camps, while at the same time none more thoroughly despise hypocrisy in any shape. In fact, good men and good women may be as moral and as religious as they choose to be, in the mining countries, and as happy as human beings can be. Much they will miss that they have been used to, and much they will receive that none offered them before.

Money is commonly plentiful; if prices are high, remuneration for work is liberal, and, in the end, care and industry will achieve success and procure competence. We have travelled far and seen much of the world, and the result of our experience is a love for our mountain home, that time and change of scene can never efface.

SETTLEMENT OF MONTANA.

"I hear the tread of pioneers, Of nations yet to be; The first low wash of waves, where soon Shall roll a human sea."--WHITTIER.

Early in the Spring of 1862, the rumor of new and rich discoveries on Salmon River, flew through Salt Lake City, Colorado, and other places in the Territories. A great stampede was the consequence. Faith and hope were in the ascendant among the motley crew that wended their toilsome way by Fort Hall and Snake river, to the new Eldorado. As the trains approached the goal of their desires, they were informed that they could not get through with wagons, and shortly after came the discouraging tidings that the new mines were overrun by a crowd of gold-hunters from California, Oregon, and other western countries; they were also told, that finding it impossible to obtain either claims or labor, large bands of prospectors were already spreading over the adjacent territory; and finally, that some new diggings had been discovered at Deer Lodge.

The stream of emigration diverged from the halting place, where this last welcome intelligence reached them. Some, turning towards Deer Lodge, crossed the mountains, between Fort Lemhi and Horse Prairie Creek, and, taking a cut-off to the left, endeavored to strike the old trail from Salt Lake to Bitter Root and Deer Lodge Valleys. These energetic miners crossed the Grasshopper Creek, below the Canon, and finding good prospects there, some of the party remained, with a view of practically testing their value. Others went on to Deer Lodge; but finding that the diggings were neither so rich nor so extensive as they had supposed, they returned to Grasshopper Creek--afterwards known as the Beaver Head Diggings--so named from the Beaver Head River, into which the creek empties. The river derives its appellation from a rock, which exactly resembles, in its outline, the head of a Beaver.

From this camp--the rendezvous of the emigration--started, from time to time, the bands of explorers who first discovered and worked the gulches east of the Rocky Mountains, in the world renowned country now the Territory of Montana. Other emigrants, coming by Deer Lodge, struck the Beaver Head diggings; then the first party from Minnesota arrived; after them, came a large part of the Fisk company who had travelled under Government escort, from the same State, and a considerable number drove through from Salt Lake City and Bitter Root, in the early part of the winter, which was very open.

Among the later arrivals were some desperadoes and outlaws, from the mines west of the mountains. In this gang were Henry Plummer, afterwards the SHERIFF, Charley Reeves, Moore and Skinner. These worthies had no sooner got the "lay of the country," than they commenced operations. Here it may be remarked, that if the professed servants of God would only work for their master with the same energy and persistent devotion, as the servants of the Devil use for their employer, there would be no need of a Heaven above, for the earth itself would be a Paradise.

THE ROAD AGENTS.

"Thieves for their robbery have authority When judges steal themselves."--SHAKESPEARE

It may easily be imagined that life in Bannack, in the early days of the settlement, was anything but pleasant. The ruffians, whose advent we have noticed, served as a nucleus, around which the disloyal, the desperate, and the dishonest gathered, and quickly organizing themselves into a band, with captain, lieutenants, secretary, road agents, and outsiders, became the terror of the country. The stampede to the Alder Gulch, which occurred early in June, 1863, and the discovery of the rich placer diggings there, attracted many more of the dangerous classes, who, scenting the prey from afar, flew like vultures to the battle field.

Between Bannack and Virginia, a correspondence was constantly kept up, and the roads throughout the Territory were under the surveillance of the "outsiders" before mentioned. To such a system were these things brought, that horses, men and coaches were marked in some understood manner, to designate them as fit objects for plunder, and thus the liers in wait had an opportunity of communicating the intelligence to the members of the gang, in time to prevent the escape of the victims.

The confession of two of their number one of whom, named Erastus Yager alias Red, was hung in the Stinkingwater Valley, put the Committee in possession of the names of the prominent men in the gang, and eventually secured their death or voluntary banishment. The most noted of the road agents, with a few exceptions were hanged by the Vigilance Committee, or banished. A list of the place and date of execution of the principle members of the band is here presented. The remainder of the red calendar of crime and retribution will appear after the account of the execution of Hunter:

NAMES, PLACE AND DATE OF EXECUTION.

George Ives, Nevada City, Dec. 21st 1863; Erastus Yager and G. W. Brown, Stinkingwater Valley, January 4th, 1864; Henry Plummer, Ned Ray and Buck Stinson, Bannack City, January 10th, 1864; George Lane, Frank Parish, Haze Lyons, Jack Gallagher and Boone Helm, Virginia City, January 14th, 1864; Steven Marsland, Big Hole Ranche, January 16th, 1864; William Bunton, Deer Lodge Valley, January 19th, 1864; Cyrus Skinner, Alexander Carter, and John Cooper, Hell Gate, January 25th, 1864; George Shears, Frenchtown, January 24th, 1864; Robert Zachary, Hell Gate, January 25th, 1864; William Graves alias Whiskey Bill, Fort Owens, January 26th, 1864; William Hunter, Gallatin Valley, February 3d, 1864; John Wagoner, and Joe Pizanthia, Bannack City, January 11th, 1864.

Judge Smith and J. Thurmond, the counsel of the road agents, were banished. Thurmond brought an action, at Salt Lake, against Mr. Fox, charging him with aiding in procuring his banishment. After some peculiar developments of justice in Utah, he judiciously withdrew all proceedings, and gave a receipt in full of all past and future claims on the Vigilance Committee, in which instance he exhibited a wise discretion--

"It's no for naething the gled whistles."

The Bannack branch of the Vigilantes also sent out of the country, H. G. Sessions, convicted of circulating bogus dust, and one H. D. Moyer, who furnished a room at midnight, for them to work in, together with material for their labor. A man named Kustar was also banished for recklessly shooting through the windows of the hotel opposite his place of abode.

The circumstances attending the execution of J. A. Slade, and the charges against him, will appear in full in a subsequent part of this work. This case stands on a footing distinct from all the others.

Moore and Reeves were banished, as will afterwards appear, by a miners' jury, at Bannack, in the winter of 1863, but came back in the Spring. They fled the country when the Vigilantes commenced operations, and are thought to be in Mexico.

Charley Forbes was a member of the gang; but being wounded in a scuffle, or a robbery, a doctor was found and taken to where he lay. Finding that he was incurable, it is believed that Moore and Reeves shot him, to prevent his divulging what he knew of the band; but this is uncertain. Some say he was killed by Moore and Reeves, in Red Rock Canon.

The headquarters of the marauders was Rattlesnake Ranche. Plummer often visited it, and the robbers used to camp, with their comrades, in little wakiups above and below it, watching, and ready for fight, flight or plunder. Two rods in front of this building was a sign post, at which they used to practice with their revolvers. They were capital shots. Plummer was the quickest hand with his revolver of any man in the mountains. He could draw the pistol and discharge the five loads in three seconds. The post was riddled with holes, and was looked upon as quite a curiosity, until it was cut down, in the summer of 1863.

Another favorite resort of the gang was Dempsey's Cottonwood Ranche. The owner knew the character of the robbers, but had no connection with them; and, in those days, a man's life would not have been worth fifteen minutes purchase, if the possessor had been foolish enough even to hint at his knowledge of their doings. Daley's, at Ramshorn Gulch, and ranches or wakiups on the Madison, the Jefferson, Wisconsin Creek, and Mill Creek, were also constantly occupied by members of the band.

THE DARK DAYS OF MONTANA.

"Will all Neptune's Ocean wash this blood Clean from my hand?"--MACBETH.

Henry Plummer, a sketch of whose previous career will appear in a subsequent part of this narrative, came to Montana Territory from Orofino. He and Reeves had there got into a difficulty with another man, and had settled the matter in the way usual in the trade--that is to say, they shot him.

Plummer--who, it seems, had for a long time contemplated a visit to the States--made at once for the River, intending to go down by boat; but finding that he was too late, he came back to Gold Creek, and there met Jack Cleveland, an old acquaintance, and former partner in crime. They made arrangements to pass the winter together at Sun River Farm. Plummer was to attend to the chores about the house, and Jack Cleveland was to get the wood. The worthy couple true to their instincts, did not long remain in harmony, but quarrelled about a young lady, whom Plummer afterwards married. Neither would leave, unless the other went also, and at last they both started, in company, for Bannack.

This town originated from the "Grasshopper Diggings," which were first discovered in the month of July, by John White and a small party of prospectors, on the Grasshopper Creek, a tributary of the Beaverhead. The discoverer, together with Rodolph Dorsett, was murdered by Charley Kelly, in the month of December, 1863, near the Milk Ranche, on the road from Virginia City to Helena. Wash Stapleton and his party came in a short time after, and were soon joined by others, among whom were W. B. Dance, S. T. Hauser, James Morley, Drury Underwood, F. M. Thomson, N. P. Langford, James Fergus, John Potter, Judge Hoyt and Dr. Hoyt, Chas. St. Clair, David Thompson, Buz Caven, Messrs. Burchett, Morelle, Harby, J. M. Castner, Pat Bray and brother, Sturges, Col. McLean, R. C. Knox, and other well known citizens of Montana. The name, "Bannack," was given to the settlement, from the Bannack Indians, the lords of the soil. It was the first "mining camp" of any importance, discovered on the eastern slope of the Mountains, and as the stories of its wonderful richness went abroad, hundreds of scattered prospectors flocked in, and before the following Spring, the inhabitants numbered upwards of a thousand.

It is probable that there never was a mining town of the same size that contained more desperadoes and lawless characters, than did Bannack, during the winter of 1862-3. While a majority of the citizens were of the sterling stock, which has ever furnished the true American pioneers, there were great numbers of the most desperate class of roughs and road agents, who had been roving though the mountains, exiles from their former haunts in the mining settlements, from which they had fled to avoid the penalties incurred by the commission of many a fearful crime. These men no sooner heard of the rich mines of Bannack, than they at once made for the new settlement, where, among strangers, ignorant of their crimes, they would be secure from punishment, at least until their true character should become known.

During their journey to Bannack, Cleveland often said, when a little intoxicated, that Plummer was his meat. On their arrival at their destination, they were, in Mountain phrase, "strapped;" that is, they were without money or means; but Cleveland was not thus to be foiled; the practice of his profession furnishing him with ample funds, at the cost of a short ride and a pistol cartridge. In February, 1863, a young man named George Evans, having a considerable sum of money on his person, was hunting stock belonging to William Bates, beyond Buffalo Creek, about eight miles from Bannack, and this man, it is believed, was shot by Cleveland, and robbed, as the murderer--who had no money at the time--was seen riding close to the place, and the next day he had plenty. Evans' partner, Ed. Hibbert, got a horse from J. M. Castner, and searched for him in vain, returning impressed with the belief that he had frozen to death. In a short time, a herder named Duke, a partner of Jemmy Spence, was also hunting cattle, when he found Evans' clothes tucked into a badger hole. A body, which, however, was never fully identified, was found naked in the willows, with a shot wound in the right armpit. It seems as if the victim had seen a man about to shoot, and had raised his arm deprecatingly.

Singular enough, it must appear to the inhabitants of settled communities, that a man was being shaved in the saloon at the time, and neither he nor the operator left off business--CUSTOM IS EVERYTHING, and fire-eating is demonstrably an acquired habit.

Hank Crawford was, at this time, boarding with L. W. Davenport, of Bannack, and was somewhat out of health. His host came into the room, and said that there was a man shot somewhere up town, in a saloon. Crawford immediately went to where the crowd had gathered, and found that such was the fear of the desperadoes, that no one dared to lift the head of the dying man. Hank said aloud, that it was out of the question to leave a man in such a condition, and asked, "Is there no one that will take him home?" Some answered that they had no room; to which he replied, that he had not, either, but he would find a place for him; and, assisted by three others, he carried him to his own lodging--sending a messenger for the doctor.

A little episode may here be introduced, as an illustration of an easy method of settling debts, mentioned by Shakespeare. The sentiment is the Earl of Warwick's. The practical enforcement of the doctrine is to be credited in this instance, to Haze Lyons, of the Rocky Mountains, a self-constituted and energetic Receiver-General of all moneys and valuables not too hot or too heavy for transportation by man or horse, at short notice. The "King Maker" says:

"When the debt grows burdensome, and cannot be discharged A sponge will wipe out all, and cost you nothing."

The wild lawlessness and the reckless disregard for life which distinguished the outlaws, who had by this time concentrated at Bannack, will appear from the account of the first "Indian trouble." If the facts here stated do not justify the formation of a Vigilance Committee in Montana, then may God help Uncle Sam's nephews when they venture west of the River, in search of new diggings. In March, 1863, Charley Reeves, a prominent "clerk of St. Nicholas," bought a Sheep-eater squaw; but she refused to live with him, alleging that she was ill-treated, and went back to her tribe, who were encamped on the rise of the hill, south of Yankee Flat, about fifty yards to the rear of the street. Reeves went after her, and sought to force her to come back with him, but on his attempting to use violence, an old chief interfered. The two grappled. Reeves, with a sudden effort, broke from him, striking him a blow with his pistol, and, in the scuffle, one barrel was harmlessly discharged.

THE TRIAL.

Desponding fear, of feeble fancies full, Weak and unmanly, loosens every power.--THOMSON.

The indignation of the citizens being aroused by this atrocious and unprovoked massacre, a mass meeting was held the following morning to take some action in the premises. Charley Moore and Reeves hearing of it, started early in the morning, on foot, towards Rattlesnake, Henry Plummer preceding them on horseback. Sentries were then posted all round the town, to prevent egress, volunteers were called for, to pursue the criminals, and Messrs. Lear, Higgings, O. J. Rockwell and Davenport at once followed on their track, coming up with them where they had hidden, in a thicket of brush, near the creek. The daylight was beginning to fade, and the cold was intense when a reinforcement arrived, on which the fugitives came out, delivered themselves up, and were conducted back to Bannack.

Plummer was tried and honorably acquitted, on account of Cleveland's threats. Mitchell was banished, but he hid around the town for awhile, and never went away. Reeves and Moore were next tried. Mr. Rheem had promised the evening before to conduct the prosecution, and Judge Smith had undertaken the defense, when on the morning of the trial, Mr. Rheem announced that he was retained for the defense. This left the people without any lawyer or prosecutor. Mr. Coply at last undertook the case, but his talents not lying in that direction, he was not successful as an advocate. Judge Hoyt, from St. Paul, was elected Judge, and Hank Crawford, Sheriff. Owing to the peculiarly divided state of public opinion, it seemed almost impossible to select an impartial jury from the neighborhood, and therefore a messenger was sent to Godfrey's Canon, where N. P. Langford, R. C. Knox, A. Godfrey, and others, were engaged in erecting a saw-mill, requesting them to come down to Bannack and sit on the jury. Messrs. Langford and Godfrey came down at once, to be ready for the trial the next day. The assembly of citizens numbered about five or six hundred, and to them the question was put, "Whether the prisoners should be tried by the people EN MASSE, or by a selected jury." Some leading men advocated the first plan. N. P. Langford and several prominent residents took the other side, and argued the necessity for a jury. After several hours' discussion, a jury was ordered, and the trial proceeded. At the conclusion of the evidence and argument, the case was given to the jury without any charge. The Judge also informed them that if they found the prisoners guilty, they must sentence them. At the first ballot, the vote stood: For death, 1; against it, 11. The question of the prisoners' GUILT admitted of no denial. N. P. Langford alone voted for the penalty of death. A sealed verdict of banishment and confiscation of property was ultimately handed to the Judge, late in the evening. Moore and Reeves were banished from the Territory, but were permitted to stay at Deer Lodge till the Range would be passable.

In the morning, the Court again met, and the Judge informed the people that he had received the verdict, which he would now hand back to the foreman to read. Mr. Langford accordingly read it aloud.

From that time forward, a feeling of the bitterest hostility was manifested by the friends of Moore, Reeves and Mitchell toward all who were prominently connected with the proceedings.

To the delivery of this unfortunate verdict may be attributed the ascendancy of the roughs. They thought the people were afraid of them. Had the question been left to old Californians or experienced miners, Plummer, Reeves and Moore would have been hanged, and much bloodshed and suffering would have been thereby prevented. No organization of the Road Agents would have been possible.

PLUMMER VERSUS CRAWFORD.

Crawford, who was appointed Sheriff at the trial of Moore and Reeves, tendered his resignation on two or three different occasions; but was induced to continue in office by the strongest representations of his friends. They promised to stand by him in the execution of his duty, and to remunerate him for his loss of time and money. The arms taken from Plummer, Reeves and Mitchell were sold by Crawford to defray expenses.

Popular sentiment is shifting and uncertain as a quicksand. Shortly after this, "Old Tex," one of the gang, collected a miners' meeting, and at it, it was resolved to give the thieves their arms, Plummer and Tex claiming them as their property. The Sheriff had to go and get them, paying, at the same time, all expenses, including in the list even the board of the prisoners. For his services not a cent was ever paid to him. Popular institutions are of divine origin. Government by the people EN MASSE is the acme of absurdity.

Cleveland had three horses at the time of his death. One was at a Ranch at Bannack, and two were down on Big Hole. Crawford called two meetings, and was authorized to seize Cleveland's property and sell it, in order to reimburse himself for his outlay, which was both considerable in amount and various in detail, and repay himself for his outlay and expenses of various kinds. He went to old Tex who said that Jack Cleveland had a partner, named Terwilliger, who was absent, and that he had better leave them till he came back. One day Crawford wanted to go to Beaverhead, and wished to take one of the horses to ride. Tex said it would be wrong to do so. In a day or two after, Crawford saw the horse in town, and asking Tex if it was not the animal. He said "No, it was not;" but Crawford, doubting his statement, inquired of a man that he knew was perfectly well informed on the subject, and found that it was as he supposed, and that the ranchman had brought it in for Tex to ride during the journey he contemplated, with the intention of meeting Terwilliger. Crawford ordered the horse back, and desired that it should not be given to any one. The man took it as directed. When the men were banished, Plummer went to the Ranch, took the horse and rode it, when escorting the culprits out of town. He then brought it back. Crawford who had charge of the horse, asked Hunter if Tex had taken it. He said "no."

The next evening, Crawford and some acquaintances went down to the bakery to take a drink, and there met Plummer, who accused him of ordering the horse to be kept from him, which he denied, and said he never mentioned his name. Hunter being called by Plummer confirmed the statement. He also observed, that he thought that as Plummer had killed the man, he need not wish to take his money and his goods also. Plummer then remarked that Bill Hunter did not stand to what he had said, and left the house. He had dared Crawford to remain and face Hunter's testimony, expecting to raise a row and shoot him. Crawford accepted the challenge, and, surrounded by his friends, with their hands on their six shooters, awaited his coming. If he had moved his hand to his pistol, he would have died on the spot, and knowing this, he cooled off.

The next day he sent word to Crawford, by an old mountaineer, that he had been wrongly informed, and that he wished to meet him as a friend. He replied that he had been abused without cause, and that, if he wanted to see him, he must come himself, as he was not going to accept of such apologies by deputy. Plummer sent word two or three times, to Hank, in the same way, and received the same reply; till at last some of the boys brought them together, and they shook hands, Plummer declaring that he desired his friendship ever after.

In a few days, Hank happened to be in a saloon, talking to a man who had been fighting, when a suspicious looking individual came up to him, and asked what he was talking about. He replied that it was none of his business. The man retorted with a challenge to fight with pistols. Hank said, "You have no odds of me with a pistol." The fellow offered to fight with fists. Hank agreed, and seeing that the man had no belt on, took off his own, and laid his pistol in, on the bar. The man stepped back into a dark corner, and Crawford going up, slapped him across the face. He instantly leveled a six shooter at Crawford, which he had concealed; but Hank was too quick, and catching him by the throat and hand, disarmed him. Plummer joined the man, and together, they wrested the pistol from his hand, and made a rush at him. Hank and Harry Flegger, however, kept the pistol in spite of them. Harry fetched his friend out, saying, "Come on Hank; this is no place for you; they are set on murdering you, any way." He then escorted him home. The owner of the saloon told Crawford, afterwards, that it was all a plot. That the scheme was to entice him out to fight with pistols, and that the gang of Plummer's friends were ready with double-barrelled shot-guns, to kill him, as soon as he appeared.

Everything went on quietly for a few days, when Hank found he should have to start for Deer Lodge, after cattle. Plummer told him that he was going to Benton. Hank asked him to wait a day or two, and he would go with him; but Plummer started on Monday morning, with George Carrhart, before Hank's horses came in. When the animals were brought in, Hank found that private business would detain him, and accordingly sent his butcher in his place. The next day Plummer, finding that he was not going, stopped at Big Hole, and came back. Hank afterwards learned that Plummer went out to catch him on the road, three different times, but, fortunately, missed him.

During the week, Bill Hunter came to Hank, and pretended that he had said something against him. To this Hank replied, that he knew what he was after, and added, "If you want anything, you can get it right straight along." Not being able "to get the drop on him," and finding that he could not intimidate him, he turned and went off, never afterwards speaking to Hank.

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