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Vigilantes of Montana - Chapters XIII-XIV
CHAPTER XIII
The Robbery of the Salt Lake Mail Coach by George Ives, Rill Graves alias
Whiskey Bill, and Bob Zachary.
"Which is the villain? Let me see his eyes,
That when I note another man like him
I may avoid him." -SHAKESPEARE.
At the latter end of the month of November, 1863, Oliver's Salt Lake
coach, driven by Thos. C. Caldwell, left Virginia for Salt hake City,
carrying as passengers Leroy Southmayde and Captain Moore. There was also
a discharged driver named Billy. At about three p. m. they reached
Loraine's Ranch, where George Ives rode up and stopped. He wanted to get a
change of horses, but could not obtain them. He then ordered grain for his
horse, standing beside Southmayde all the time. Suddenly he said, "I have
heard of Tex; he is at Cold Spring Ranch," and then ordered his horse.
Steve Marshland was in his Company. Between Loraine's and Cold Spring
Ranch they passed the coach, and sure enough there the three were, in
conversation at the Ranch, as the stage drove up.
Tex, alias Jem Crow, afterward stated that they told him they were going
to rob the stage that night. Old Tex was watching the coach when it
started from Virginia, and Captain Moore observing him and knowing his
character, told Southmayde that he did not like to see him there.
Circumstances and conclusive testimony have since proved that he was the
spy, and being furnished with a fleet horse, he rode across the country at
full speed, heading the coach, as before described.
They drove on to the Point of Rocks, and there they lay over till morning.
At Stone's Ranch the road agents made a circuit and passed the coach
unobserved. Ives had been joined, in the meanwhile, by Whiskey Bill and
Bob Zachary. About eleven a. m. the travellers overtook the three road
agents. Each one had his shot-gun lying over his left arm, and they
appeared, from behind, like hunters. As the stage came up they wheeled
their horses at once, and presented their pieces. Bill Graves drew a bead
on Tom Caldwell; Ives covered Southmayde, while Bob Zachary, keeping his
gun pointed at the coach, watched Captain Moore and Billy.
Southmayde had the opportunity of looking down the barrels of Ives' gun,
and could almost see the buckshot getting ready for a jump. As a matter of
taste, he thinks such a sight anything but agreeable or edifying, and if
his luck should bring him in the vicinity of road agents in pursuit of
their calling, he confidently informs us that he would prefer a side view
of the operation, as he would then be able to speak dispassionately of the
affair. To report without "fear, favor, or affection" is rather hard when
the view is taken in front, at short range. Without "favor or affection"
can be managed; but the observance of the first condition would
necessitate an indifference to a shower of "cold pewter," possessed only
by despairing lovers of the red-cover novelette class, and these men never
visit the mountains; alkali, sage brush fires, and "beef straight" having
a decidedly "material" tendency, and being very destructive of sentiment.
Ives called out, "Halt! throw up your hands," and then bade Zachary "Get
down and look after those fellows."
Accordingly Bob dismounted, and leaving his horse, he walked, gun in band,
up to Southmayde. While engaged in panning out Southmayde's dust he
trembled from head to foot (and that not with cold).
The appearance of the road agents, at this moment, was striking, and not
at all such as would be desired by elderly members of the "Peace party."
Each man had on a green and blue blanket, covering the body entirely.
Whiskey Bill wore a "plug" hat (the antitype of the muff on a soup-plate
usually worn in the East). His sleeves were rolled up above the elbow; he
had a black silk handkerchief over his face, with holes for sight and air,
and he rode a grey horse, covered from the ears to the tail with a
blanket, which, however, left the head and legs exposed to view. George
Ives' horse was blanketed in the same way. It was a dappled grey, with a
roached mane. He himself was masked with a piece of grey blanket, with the
necessary perforations. Zachary rode a blue-grey horse, belonging to Bob
Dempsey ("all the country" was their stable) -blanketed like the others -
and his mask was a piece of Jersey shirt.
Ives was on the off side of the driver, and Graves, on the near side. When
Zachary walked up to Southmayde, he said "Shut your eyes." This Southmayde
respectfully declined, and the matter was not pressed. Bob then took
Leroy's pistol and money, and threw them down.
While Southmayde was being robbed, Billy, feeling tired, put down his
hands, upon which Ives instantly roared out, "Throw them up, you ." It is
recorded that Billy obeyed with alacrity, though not with cheerfulness.
Zachary walked up to Captain Moore and made a similar request. The Captain
declared, with great solemnity, as he handed him his purse, that it was
"all he had in the world;" but it afterward appeared that a sum of $25 was
not included in that estimate of his terrestrial assets, for he produced
this money when the road agents had disappeared.
Continuing his search, the relieving officer came to Billy, and demanded
his pistol, which was immediately handed over. Ives asked, "Is it
loaded?" and being answered in the negative, told Rob to give it back to
the owner. Tom Caldwell's turn came next. He had several small sums
belonging to different parties, which he was carrying for them to their
friends, and he had also been commissioned to make some purchases. As Bob
approached him he exclaimed, "My God! What do you want with me? I have
nothing." Graves told Zachary to let him alone, and inquired if there was
anything in the mail that they wanted. Tom said he did not think that
there was. Zachary stepped upon the brake bar and commenced an
examination, but found nothing. As Caldwell looked at Zachary while he was
thus occupied Ives ordered him not to do that. Tom turned and asked if he
might look at him. Ives nodded.
Having finished his search, Zachary picked up his gun, and stepped back.
Ives dismissed the "parade" with the laconic command, "Get up and
'skedaddle'."
The horses were somewhat restive, but Tom held them fast, and Southmayde,
with a view to reconnoitering, said in a whisper, "Tom, drive slow." Ives
called out, "Drive on." Leroy turned round on his seat, determined to find
out who the robbers were, and looked carefully at them for nearly a
minute, which Ives at last observing, he yelled out. "If you don't turn
round, and mind your business, I'll shoot the top of your head off." The
three robbers gathered together and remained watching till the coach was
out of sight.
Leroy Southmayde lost $400 in gold, and Captain Moore delivered up $100 in
Treasury notes, belonging to another man.
The coach proceeded on its way to Bannack without further molestation, and
on its arrival there Plummer was in waiting, and asked, "Was the coach
robbed today'" and being told that it had been, as Southmayde jumped down,
he took him by the arm, and knowing him to be Sheriff, Southmayde was just
about to tell him all about it, when Judge G. G. Bissel gave Leroy a
slight nudge, and motioned for him to step back, which he did, and the
Judge told him to be very careful what he told that man, meaning Plummer;
Southmayde closed one eye as a private signal of comprehension, and
rejoined Plummer, who said, "I think I can tell you who it was that robbed
you." Leroy asked "Who'" Plummer replied, "George Ives was one of them."
Southmayde said, "I know; and the others were Whiskey Bill and Bob
Zachary; and I'll live to see them hanged before three weeks." Plummer at
once walked off, and though Leroy was in town for three days, he never saw
him afterward. The object of Plummer's accusation of Ives was to see
whether Southmayde really knew anything. Some time after, Judge Bissel -
who had overheard Southmayde telling Plummer who the thieves were -
remarked to him, "Leroy, your life is not worth a cent."
On the second day after, as Tom was returning, he saw Graves at the Cold
Spring ranch,* and took him on one side, asking him if he had heard of t,
he "little robbery." Graves replied that he haa, and asked him if he knew
who were the perpetrators. Tom said "No," adding, "And I wouldn't for the
world; for if I did, and told of them, I shouldn't live long." "That's a
tact, Tom," said Graves. "You wouldn't live fifteen minutes." I'll tell
you of a circumstance as happened to me about bein' robbed in Californy.
* Afterwards to become the property of Elling & Hindman, on the road from
Twin Bridges to Laurin.
"One night about ten o'clock, me and my partner was ridin' along, and two
fellers rode up and told us to throw up our hands, and give up our money.
We did it pretty quick I guess. They got $2,000 in coined gold from us. I
told 'em, 'Boys,' sez I ','t's pretty rough to take all we've got.' So the
feller said it was rather rough, and he gave us back $40. About a week
after I seen the two fellers dealin' faro. I looked pretty hard at them
and went out. One of the chaps hollered me, and sez he, 'Ain't you the man
that was robbed the other night?' 'No,' sez I, for I was afraid to tell
him the truth. Sez he, 'I want you to own up; I know you're the man. Now
I'm a going to give you $4,000 for keeping your mouth shut,' and he did, .
Now you see, Tom, that's what I got for keeping my mouth shut. I saved my
life, and got $4,000."
Ives made for Virginia City, and there told in a house of ill fame that he
was the Bamboo chief that made Tom Caldwell throw up his hands, and that,,
he would do it again. He and a Colorado driver who was a friend of
Caldwell's went together to Nevada. Each of them had a shot-gun. Ives was
intoxicated. The driver asked Ives whom did he suppose to be the robbers,
to which he quickly replied, "I am the Bamboo chief that robbed it," etc.,
etc., as before mentioned. The man then said, "Don't you think Tom knows
it?" "Of course I do," said George. As they came back to town, the driver
saw Tom, and waved to him to keep back, which he did, and sent a man to
inquire the reason of the signal. The messenger brought him back
information of what had passed, and told him to keep out of Ives' way, for
he was drunk and might kill him.
That same evening, Tom and his friend went to the Cold Spring Ranch
together on the coach, and the entire particulars came out in
conversation. The driver finished the story by stating that he sat on his
horse, ready to shoot Ives, if he should succeed in getting the "drop" on
Caldwell.
Three days after, when Southmayde was about to return from Bannack, Buck
Stinson and Ned Ray came into the Express Office, and asked who were for
Virginia. On being told that there were none but Southmayde, they said,
"Well, then, we'll go." The agent came over and said to Leroy, "For God's
sake, don't go; I believe you'll be killed." Southmayde replied, "I have
got to go; and if you'll get me a double-barreled shot-gun, I will take my
chances." Oliver's agent accordingly provided Leroy Southmayde, Tom
Caldwell and a young lad about sixteen years of age, who was also going by
the coach to Virginia, with a shot-gun each. Leroy rode with Tom. They
kept a keen eye on a pair of road agents, one driving and the other
watching.
The journey was as monotonous as a night picket, until the coach reached
the crossing of the Stinkingwater, where two of the three men that robbed
it (Bob Zachary and Bill Graves) were together, in front of the station,
along with Aleck Carter. Buck Stinson saw them and shouted, "Ho! you road
agents." Said Leroy to Tom Caldwell, "Tom, we're gone up." Said Tom,
"That's so."
At the Cold Spring Station, where the coach stopped for supper, the
amiable trio came up. They were of course fully armed with gun, pistols
and. knife. Two of them set down their guns at the door and came in. Alee
Carter had his gun slung at his back.
Rob Zachary, feigning to be drunk, called out, "I'd like to see the man
that don't like Stone." Finding that, as far as could be ascertained,
everybody present had a very high opinion of Stone, he called for a treat
to all hands, which having been disposed of, he bought a bottle of
whiskey, and behaved "miscellaneously" till the coach started.
After going about a quarter of a mile, they wheeled their horses and
called "Halt." The instant the word left their lips, Leroy dropped his gun
on AleckCarter; Tom Caldwell and the other passenger each picked his man,
and drew a bead on him at the same moment. Aleck Carter called out, "We
only want you to take a drink; but you can shoot and be -----, if you want
to." Producing the bottle, it was handed round; but Leroy and Tom only
touched their lips to it. Tom believed it to be poisoned. After politely
inquiring if any of the wanted any more, they wheeled their horses,
saying, "We're off for Pete Daley's" and clapped spurs to their horses,
and headed for the Ranch, going on a keen run.
Before leaving Cold Spring Ranch, Leroy Southmayde told Tom that he saw
through it all, and would leave the coach; but Tom said he would take Buck
up beside him, and that surely the other fellow could watch Ray. Buck did
not like the arrangement; but Tom said, "You're an old driver, and I want
you up with me,
The two passengers sat with their shot-guns across their knees, ready for
a move on the part of either of the robbers.
At Loraine's Ranch, Leroy and Caldwell went out a little way from the
place, with the bridles in their hands, and talked about the "situation."
They agreed that it was pretty rough, and were debating the propriety of
taking to the brush, and leaving the coach, when their peace of mind was
in no way assured by seeing that Buck Stinson was close to them, and must
have overheard every word they had uttered. Buck endeavored to allay their
fears by saying there was no danger. They told him that they were armed,
and that if they were attacked they would make it a warm time for some of
them; at any rate they would "get" three or four of them. Buck replied,
"Gentlemen, I pledge you my word, my honor, and my life, that you will not
be attacked between this and Virginia."
The coach went on directly the horses were hitched up, and Buck commenced
roaring out a song, without intermission, till at last he became tired,
and then, at his request, Ray took up the chorus. This was the signal to
the other three to keep off. Had the song ceased, an attack would have
been at once made; but, without going into algebra, they were able to
ascertain that such a venture had more peril than profit, and so they let
it alone. The driver, Southmayde, and the young passenger were not sorry
when they alighted safe in town. Ned Ray called on Southmayde and told him
that if he knew who committed the robbery he should not tell, for that
death would be his portion if he did.
CHAPTER XIV
The Opening of the Ball -George Ives.
They mustered in their simple dress
For wrongs to seek a stern redress.
As a matter of course, after the failure of justice in the case of the
murderers of Dillingham, the state of society, bad as it was, rapidly
deteriorated, until a man could hardly venture to entertain a belief that
he was safe for a single day. We have been repeatedly shown places where
bullets used to come through the chinks between the logs separating one of
the stores in town from a saloon. Wounded men lay almost unnoticed about
the city, and a night or day without shooting, knifing or fighting would
have been recognized as a small and welcome instalment of the millennium.
Men dared not go from Virginia to Nevada or Summit after dark. A few out
of the hundreds of instances must suffice. A Dutchman, known as Dutch
Fred, was met by one of the band, who ordered him to throw up his hands,
as usual. Finding he had $5 in Treasury notes with him, the robber told
him he would take them at par, and added with a volley of curses, "If ever
you come this way with only $5 I'll shoot you; -you, I'll shoot you anyhow,
" and raising his pistol he shot him in the arm. Another man was robbed of
two or three dollars, about two or three miles below Nevada, and was told
that if ever he came with as little money again they would kill him.
George Ives was a young man of rather prepossessing appearance, probably
twenty-seven years old. His complexion and hair were light, his eyes blue.
He wore no whiskers. His height was nearly six feet, and he wore a
soldier's overcoat and a light felt hat. The carriage of this renowned
desperado was sprightly, and his coolness was imperturbable. Long practice
in confronting danger had made him absolutely fearless. He would face
death with an indifference that had become constitutional, and the spirit
of reckless bravado with which he was animated made him the terror of the
citizens. He would levy blackmail under the guise of a loan and as a
matter of sport, and to show the training of his horse he would back the
animal into the windows of a store, and then ride off laughing. In looking
at Ives a man would, at first sight, be favorably impressed; but a closer
examination by any one skilled in physiognomy would detect in the lines of
the mouth, and in the strange, fierce, and sinister gleam of the eye, the
quick spirit which made him not only the terror of the community, but the
dread of the band of ruffians with whom he was associated.
As before mentioned, he was with Henry Plummer when he started, to rob
Langford and Hauser; he assisted at the robbery of the coaches in October
and November, and, after that, he figured as a highwayman with Aleck
Carter, down on Snake River, under the alias of Lewis.
In company with a friend he visited his comrades, Hunter and Carter, at
Brown's Gulch, and on their way back, among the hills which form, as it
were, the picket line of the Ramshorn Mountains, the two met Anton M.
Holter,* now a citizen of Virginia. They politely invited him to replenish
their exchequers by a draft on his own, which, under the circumstances, he
instantly did; but he was able at the moment to honor only a small check.
They read him a lecture upon the impropriety of traveling with so small a
sum in his possession, and then, as an emphatic confirmation of their
expressed displeasure, George drew his revolver, and, aiming at his head,
sent a ball through his hat, grazing his scalp. A second shot, with more
deliberate aim, was only prevented by the badness of the cap. After this
failure, this "perfect gentleman" went his way, and so did Holter,
doubtless blessing the cap-maker.
* Mr. Holter died July 16th, 1921, at Helena, Montana.
Tex was a frequent companion of Ives, who was also intimate with Plummer,
and George used frequently to show their letters, written in cipher, to
unskilled, if not unsuspecting citizens. He spent a life of ceaseless and
active wickedness up to the very day of his capture.
Perhaps the most daring and cold-blooded of all his crimes was the murder
which he committed near the Cold Spring Ranch. A man had been whipped for
larceny near Nevada, and to escape the sting of the lash he offered to
give information about the road agents. Ives heard of it, and meeting him
purposely between Virginia and Dempsey's, he deliberately fired at him
with his double-barreled gun. The gun was so badly loaded, and the man's
coat so thickly padded that the buckshot did not take effect, upon which
he coolly drew his revolver, and, talking to him all the time, shot him
dead. This deed was perpetrated in broad daylight on a highway -a very
Bloomingdale Road of the community -and yet, there, in plain view of
Daley's and the Cold Spring Ranch, with two or three other teams in sight,
he assassinated his victim in a cool and business-like manner, and when
the murdered man had fallen from his horse, he took the animal by the
bridle and led it off among the hills.
Ives then went to George Hilderman and told him that he should like to
stay at his wakiup for a few days, as he had killed a man near Cold Spring
Ranch, and there might be some stir and excitement about it.
In about half an hour after, some travelers arrived at the scene of
murder. The body was still warm, but lifeless, and some of the neighbors
from the surrounding ranches dug a lonely grave in the beautiful valley,
and there, nameless, unconfined and unwept, the poor victim,
"Life's fitful fever over,
Sleeps well."
The passer-by may even now notice the solitary grave where he lies, marked
as it still is by the upheaved earth, on the left side of the road, as he
goes down the valley, about a mile on the Virginia side of the Cold Spring
Ranch.
All along the route the ranchmen knew the road agents, but the certainty
of instant death in case they revealed what they knew enforced their
silence, even when they were really desirous of giving information or
warning.
Nicholas Tbalt had sold a span of mules to his employers, Butschy & Clark,
who paid him the money. Taking the gold with him, He went to Dempsey's
Ranch to bring up the animals. Not returning for some time they concluded
that he had run away with the mules, and were greatly grieved that a
person they had trusted so implicitly should deceive them. They were,
however, mistaken. Faithful to his trust, he had gone for the mules, and
met his death from the hand of George Ives, who shot him, robbed him off
his money, and stole his mules. Ives first accused Long John of the deed;
but he was innocent of it, as was also Hilderman, who was a petty thief
and hider, but neither murderer nor road agent. His gastronomic feats at
Bannack had procured him the name, the American Pie-Eater.* Ives
contradicted himself at his execution, stating that Aleck Carter was the
murderer; but in this he wronged his own soul. His was the bloody hand
that committed the crime. Long John said, on his examination at the trial,
that he did not see the shots fired, but that he saw Nicholas coming with
the mules, and George Ives going to meet him; that Ives rode up shortly
after with the mules, and said that the Dutchman would never trouble
anybody again.
* Langford tells the story of this Pie-Rater. See that.
The body of the slaughtered young man lay frozen, stiff and stark, among
the sage brush, whither it had been dragged, unseen of man; but the eye of
Omniscience rested on the blood-stained corpse, and the fiat of the
Eternal Judge ordered the wild bird of the mountains to point out the
spot, and, by a miracle, to reveal the crime. It was the finger of God
that indicated the scene of the assassination, and it was His will
stirring in the hearts of the honest and indignant gazers on the ghastly
remains of Tbalt that organized the party which, though not then formally
enrolled as a Viligance Committee, was the nucleus and embryo of the
order -the germ from which sprang that goodly tree, under the shadow of
whose wide-spreading branches the citizens of Montana can lie down and
sleep in peace.
Nicholas Tbalt was brought into Nevada on a wagon, after being missing for
ten days. William Herren came to Virginia and informed Tom Baume, who at
once went down to where the body lay. The head had been pierced by a ball,
which entered just over the left eye. On searching the clothes of the
victim, he found in his pocket a knife which he had lent him in Washington
Gulch, Colorado, two years before, in the presence of J. X. Beidler and
William Clark.
The marks of a small lariat were on the dead man's wrists and neck. He had
been dragged through the brush, while living, after being shot, and when
found lay on his face, his right arm bent across his chest and his left
grasping the willows above him.
William Palmer was coming across the Stinkingwater Valley, near the scene
of the murder, ahead of his wagon, with his shotgun on his shoulder. A
grouse rose in front of him, and he fired. The bird dropped dead on the
body of Tbalt. On finding the grouse on the body, he went down to the
wakiup, about a quarter of a mile below the scene of the murder, and
seeing Long John and George Hilderman there, he told them that there was
the body of a dead man above, and asked them if they would help him to put
the corpse into his wagon, and that he would take it to town, and see if
it could be identified. They said "No; that is nothing. They kill people
in Virginia every day, and there's nothing said about it, and we want to
have nothing to do with it."
The man lay for half a day exposed in the wagon, after being brought up to
Nevada. Elk Morse, William Clark and Tom Baume got a coffin made for him;
took him up to the burying ground above Nevada; interred him decently,
and, at the foot of the grave, a crotched stick was placed, which is, we
believe, still standing.
The indignation of the people was excited by the spectacle. The same
afternoon three or four of the citizens raised twenty-five men,* and left
Nevada at 10 p. m. The party subscribed an obligation before starting,
binding them to mutual support, etc., and then travelled on, with silence
and speed, towards the valley of the Stinkingwater. Calling at a ranch on
their way, they obtained an accession to their numbers, in the person of
the man who eventually brought Ives to bay, after he had escaped from the
guard who had him in charge. Several men were averse to taking him with
them, not believing him to be a fit man for such an errand; but they were
greatly mistaken, for he was both honest and reliable, as they afterward
found.
* See Oath and names in back of book.
Avoiding the traveled road, the troop rode round by the bluff, so as to
keep clear of Dempsey's Ranch. About six miles further on they called at a
cabin, and got a guide to pilot them to the rendezvous.
At about half-past three in the morning they crossed Wisconsin Creek, at a
point some seven miles below Dempsey's, and found that it was frozen, but
that the ice was not strong enough to carry the weight of man and horse,
and they went through one after another, at different points, some of the
riders having to get down, in order to help their horses, emerging half
drowned on the other side, and continuing their journey, cased in a suit
of frozen clothes, which, as one of them observed, "stuck to them like
death to a dead nigger." Even the irrepressible Tom Baume was obliged to
take a sharp nip on his "quid," and to summon all his fortitude to his aid
to face the cold of his ice-bound "rig."
The leader called a halt about a mile further on, saying, "Every one light
from his horse, hold him by the bridle, and make no noise till daybreak."
Thus they stood motionless for an hour and a half. At the first peep of
day the word was given, "Boys mount your horses, and not a word pass,
until we are in sight of the wakiup." They had not travelled far when a
dog barked. Instantly they put spurs to their horses, and breaking to the
right and left, formed the "surround," every man reining up with his shot-
gun bearing on the wakiup. The leader jumped from his horse, and seeing
eight or ten men sleeping on the ground* in front of the structure, all
wrapped up in blankets, sang out, "The first man that raises will get a
quart of buckshot in him, before he can say Jack Robinson." It was too
dark to see who they were, so he went on to the wakiup, leaving his horse
in charge of one of the party, half of whom had dismounted and the others
held the horses. "Is Long John here?" he asked. "Yes," said that
longitudinal individual. "Come out here; I want you." "Well," said he, "I
guess I know what you want me for." "Probably you do; but hurry up; we
have got no time to lose." "Well," said John, "wait till I get my
moccasins on, won't you?" "Be quick about it, then," observed his captor.
Immediately after he came out of the wakiup, and they waited about half an
hour before it was light enough to see distinctly. The captain took four
of his men and Long John, and walked to the place where the murder had
been committed, leaving the remainder of the troop in charge of the other
men. They went up to the spot, and there Long John was charged with the
murder. Palmer showed the position in which the body was found. He said,
"I did not do it, boys." He was told that his blood would be held
answerable for that of Nicholas Tbalt; for that, if he had not killed him,
he knew well who had done it, and had refused to help to put his body into
a wagon. "Long John," said one of the men, handling his pistol as he
spoke, "you had better prepare for another world. The leader stepped
between and said, "This won't do; if there is anything to be done, let us
all be together." Long John was taken aside by three of the men, and set
down. They looked up, and there, in the faint light -about a quarter of a
mile off -stood Black Bess, the mule bought by X. Beidler in Washington
Gulch. Pointing to the animal, they said, "John, whose mule is that?"
"That's the mule that Nick rode down here," he answered. "You know whose
mule that is, John. Things look dark. You had better be thinking of
something else now." The mule was sent for, and brought before him, and he
was asked where the other two mules were. He said he did not know. He was
told that he had better look out for another world, for that he was played
out in this. He said, "I did not commit that crime. If you give me a
chance, I'll clear myself." "John," said the leader, "you never can do it;
for you knew of a man lying dead for nine days, close to your house, and
never reported his murder; and you deserve hanging for that.
Why didn't you come to Virginia and tell the people?" He replied that he
was afraid and dared not do it. "Afraid of what?" asked the captain.
"Afraid. of the men round here." "Who are they?" "I dare not tell who they
are. There's one of them round here." "Where?" "There's one of them here
at the wakiup, that killed Nick." "Who is he?" "George Ives." "Is he down
at the wakiup?" "Yes." "You men stand here and keep watch over John, and
I'll go down." Saying this he walked to the camp.
* Though it was in December, these men were used to roughing it.
On arriving at the wakiup, he paused, and picking out the man answering to
the description of George Ives, he asked him, "Is your name George Ives?"
"Yes," said that worthy. "I want you," was the laconic query. "To go to
Virginia City," was the direct but unpleasing rejoinder. "All right," said
George, "I expect I have to go." He was at once given in charge of the
guard.
So innocent were some of the troop, that they had adopted the "Perfect
gentleman" hypothesis, and laid down their arms in anger at the arrest of
this murderous villain. A little experience prevented any similar
exhibition of such a weakness in the future.
Two of the party went over to Tex, who was engaged in the highly necessary
operation of changing his shirt. "I believe we shall want you too," said
one of them; Tex denuded himself of his under garment, and throwing it
towards Tom Baume, exclaimed, "There's my old shirt and plenty of
greybacks. You'd better arrest them too." He was politely informed that he
himself, but neither the shirt nor its population, was the object of this
"unconstitutional restraint," and was asked if the pistols lying on the
ground were his, which he admitted, and was thereupon told that they were
wanted also, and that he must consider himself "under arrest" -a technical
yet simple formula adopted by mountaineers, to assure the individual
addressed that his brains will, without further warning, be blown out, if
he should attempt to make a "break." Tex dressed himself and awaited
further developments.
There appeared to be a belief on the part of both Tex and Ives that they
should get off; but when they saw the party with Long John, they appeared
cast down, and said no more.
The other men who were lying around the wakiup, when the scouting party
rode up, were Aleck Carter, Bob Zachary, Whiskey Bill, Johnny Cooper, and
two innocent strangers, whose prolonged tenure of life can only be
accounted for by the knowledge of the circumstance that they were without
money at the time. Of the fact of the connection of the others with the
band the boys were ignorant, and were drinking coffee with them, laying
down their guns within the reach of the robbers, on their bedclothes. Had
the road agents possessed the nerve to make the experiment, they could
have blown them to pieces. One of the party, pointing to Aleck Carter,
said to the leader, "There's one good man among them, any way. I knew him
on the 'other side'," (west of the mountains). The captain's view of the
state of things was not altered by this flattering notice. He sang out, in
a tone of voice that signified "something's up," "Every man take his gun
and keep it." In after expeditions he had no need to repeat the command.
Five men were sent into the wakiup, and the rest stood round it. The
result of their search was the capture of seven dragoon and navy
revolvers, nine shot-guns and thirteen rifles. These were brought out, and
in laying them down one of them went off close to Tom Baume's head. Leroy
Southmayde's pistol -taken from him at the time of the robbery of the
coach -was one of the weapons. It was recognized at the trial of Ives, by
the number upon it. About half an inch of the muzzle had been broken off,
and it had been fixed up smoothly.
All being now ready, the party started for Dempsey's, and George, who was
mounted on his spotted bob-tailed pony, went along with them. He had
determined to escape, and in order to carry out his design he expressed a
wish to try the speed of his horse against the others, and challenged
several to race with him. This was foolishly permitted, and, but for the
accidental frustration of his design to procure a remount of unsurpassed
speed, a score of names might have been added to the long list of his
murdered victims.
At Dempsey's Ranch there was a bridge in course of construction, and two
of the men riding ahead saw George Hilderman, standing on the center, at
work. He was asked if his name was George Hilderman, and replied "Yes,"
whereupon he was informed that he was wanted to go up to Virginia City. He
inquired whether they had any papers for him, and being told that they had
not any, he declared that he would not leave the spot; but the leader
coming up, told him to go "without any foolishness," in a manner that
satisfied him of the inutility of resistance, and he prepared to accompany
them; but not as a volunteer, by any means. He said he had no horse. Tom
Baume offered him a mule. Then he had no saddle. The same kind friend
found one, and he had to ride with them. His final effort was couched in
the form of a declaration that the beast would not go. A stick was lying
on the ground, and he received an instruction, as the conventions word it,
either to "whip and ride," or "walk and drive." This, practically
speaking, reconciled him to the breach of the provisions of Magna Charta
and the Bill of Rights involved in his arrest, and he jogged along, if not
comfortably, yet, at all events, in peace.
In the mean time, the arch villain in custody of the main body was playing
his role with much skill and with complete success. He declared his entire
innocence of the awful crime with which he was charged, and rather
insinuated than expressed his wish that he might be taken to Virginia,
where his friends were, and that he might be tried by civil authorities
(Plummer to empanel the jury), and incidentally remarked that he should
not like to be tried at Nevada, for that he once killed a dog there which
had scared his horse, and for that reason they had prejudices against him,
which might work him serious injury in the event of his trial at that
place.
There is no doubt that the seeming alacrity with which he apparently
yielded to the persuasions of his captors threw them off their guard, and
he was permitted to ride unarmed, but otherwise unrestrained"along with
the escort.
So large a troop of horsemen never yet rode together mounted on fleet
cayuses, on the magnificent natural roads of Montana, without yielding to
the temptation presented to try the comparative merits of their horses,
and our company of partisan police were no exception to this rule. Scrub
races were the order of the day, until, in one of them, Geo. Ives, who was
the winner, attracted the attention of the whole party, by continuing his
race at the top of his horse's speed; but not until he was at least ten
rods ahead of the foremost rider, did the guard (?) realize the fact that
the bird had flown from the open cage. Twenty-four pairs of spurs were
driven home into the flanks of twenty-four horses, and with a clatter of
hoofs never since equalled on that road, except when the deluded cavalry
of Virginia rode down the valley
"To see the savage fray."
or at the reception given to the Hon. J. M. Ashley and party, they swept
on like a headlong rout.
For a while, the fugitive gained gradually, but surely, on his pursuers,
heading for Daley's Ranch, where his own fleet and favorite mare was
standing bridled and saddled, ready for his use (so quietly did
intelligence fly in those days). Fortune, however, declared against the
robber. He was too hotly pursued to be able to avail himself of the
chance. His pursuers seeing a fresh horse from Virginia and a mule
standing there, leaped on their backs and continued the chase. Ives turned
his horse's head towards the mountains round Biven's Gulch, and across the
plain, in that race for life, straining every nerve, flew the
representatives of crime and justice. Three miles more had been passed,
when the robber found that his horse's strength was failing, and every
stride diminishing. That the steeds of Wilson and Burtchey were in no
better condition; but the use of arms might now decide the race, and
springing from his horse, he dashed down a friendly ravine, whose rocky
and boulder-strewn sides might offer some refuge from his relentless foes.
Quick as thought, the saddles of his pursuers were empty, and the trial of
speed was now to be continued on foot. On arriving at the edge of the
ravine Ives was not visible; but it was evidence that he must be concealed
within a short distance. Burtchey quickly "surrounded" the spot, and sure
enough, there was Ives crouching behind a rock. Drawing a bead on him,
Burtchey commanded him to come forth and with a light and careless laugh
he obeyed. The wily Bohemian was far too astute, however, to be thus
overreached, and before Ives could get near enough to master his gun, a
stern order to "stand fast" destroyed his last hope and he remained
motionless until assistance arrived, in the person of Wilson.
Two hours had elapsed between the time of the escape and the recapture and
return of the prisoner. A proposition was made to the captain to raise a
pole and hang him there, but this was. negatived. After gayly chatting
with the boys, and treating them, the word was given to "Mount," and in
the center of a hollow square Ives began to realize his desperate
situation.
Tidings of the capture flew fast and far. Through every nook and dell of
the inhabited parts of the Territory, wildly and widely spread the news.
Johnny Gibbons, who afterward made such sly and rapid tracks for Utah,
haunted with visions of vigilance committee, joined the party before they
reached the canyon at Alder Creek, and accompanied them to Nevada. At that
time he was a part owner of the Cottonwood Ranch (Dempsey's),* and kept
the band well informed of all persons who passed with large sums of money.
The sun had sunk behind the hills when the detachment reached. Nevada, on
the evening of the 18th of December, and a discussion arose upon the
question whether they should bring Ives to Virginia, or detain him for the
night at Nevada. The "conservatives" and "radicals" had a long argument
developing an "irrepressible conflict;" but the radicals, on a vote,
carried their point -rejecting Johnny Gibbons's suffrage on the ground of
mixed blood. It was thereupon determined to keep Ives at Nevada until
morning, and then to determine the place of trial.**
* First ranch recorded on the Stinking Mater.
** Judge Lott's story.
The prisoners were separated and chained. A strong guard was. posted
inside and outside of the house, and the night came and went without
developing anything remarkable. But all that weary night, a "solitary
horseman might have been seen" galloping along the road. at topmost speed,
with frequent relays of horses, on his way to Bannack City. This was
Lieut. George Lane, alias Club-foot, who was sent with news of the high-
handed outrage that was being perpetrated in defiance of law, and with no
regard whatever to the constituted authorities. He was also instructed to
suggest that Plummer should come forthwith to Nevada, demand the culprit
for the civil authorities, enforce that demand by what is fitly called
hocus pocus as habeas corpus, and see that he had a fair (?) trial.
As soon as it was determined that Ives should remain at Nevada, Gibbons
dashed up the street to Virginia, meeting a lawyer or two on the way -
"Where the carrion is, there will the vultures, etc."
At the California Exchange, Gibbons found Messrs. Smith and Ritchie, and a
consultation between client, attorney and proch ein ami, resulted in
Lane's mission to Bannack, as one piece of strategy that faintly promised
the hope for rewards. All of Ives' friends were notified to be at Nevada
early the next morning.
The forenoon of the 19th saw the still swelling tide of miners, merchants
and artisans wending their way to Nevada, and all the morning was spent in
private examinations of the prisoners, and private consultations as to the
best method of trial. Friends of the accused were found in all classes of
society; many of them were assiduously at work to create a sentiment in
his favor, while a large multitude were there, suspicious that the right
man had been caught; and resolved, if such should prove to be the case,
that no loophole of escape should be found for him, in any technical form
of the law.
Although on the eve of "Forefather's Day," there was in the atmosphere the
mildness and the serenity of October. There was no snow and but little ice
along the edges of sluggish streams; but the sun, bright and genial,
warmed the clear air, and even thawed out the congealed mud in the middle
of the streets. Little boys were at play in the streets, and fifteen
hundred men stood in them, impatient for action, but waiting without a
murmur, in order that everything might be done decently and in order.
Messrs. Smith, Ritchie, Thurmond and Colonel Wood. were Ives' lawyers,
with whom was associated Mr. Alex Davis, then a comparative stranger in
Montana.
Col. W. F. Sanders, at that time residing at Bannack City, but temporarily
sojourning at Virginia, was sent for to conduct the prosecution, and Hon.
Charles S. Bagg was appointed. his colleague, at the request of Judge
Wilson, Mr. Bagg being a miner, and then little known.
* Ives was tried before Judge Byam.
In settling upon the mode of trial, much difference of opinion was
developed; but the miners finally determined that it should be held in the
presence of the whole body of citizens, and reserved to themselves the
ultimate decision of all questions; but lest something should escape their
attention, and injustice thereby be done to the public, or to the
prisoner, a delegation composed of twelve men from each district (Nevada
and Junction) was appointed to hear the proof, and to act as an advisory
jury. W. H. Patton, of Nevada, and W. Y. Pemberton, of Virginia, were
appointed amanuenses. An attempt to get on the jury twelve men from
Virginia was defeated, and, late in the afternoon, the trial began and
continued till nightfall. The three prisoners, George Ives, George
Hilderman and Long John. (John Franck) were chained with the lightest
logging chain that could be found -this was wound round their legs, and
the links were secured with padlocks.
In introducing testimony for the people, on the morning of the 21st, the
miners informed all concerned that the trial must close at three p. m. The
announcement was received with great satisfaction.
It is unnecessary to describe the trial, or to recapitulate the evidence.
Suffice it to say that two alibis, based on the testimony of George Brown
and Honest Whiskey Joe, failed altogether. Among the lawyers, there was,
doubtless, the usual amount of brow-beating and technical insolence,
intermingled with displays of eloquence and learning; but not the rhetoric
of Blair, the learning of Coke, the metaphysics of Alexander, the wit of
Jerrold, or the odor of 0berlin, could dull the perceptions of those hardy
mountaineers, or mislead them from the stern and righteous pursuit of all
this labor, which was to secure immunity to the persons and property of
the community, and to guarantee a like protection to those who should cast
their lot in Montana in time to come.
The evidence was not confined to the charge of murder; but showed, also,
that Ives had been acting in the character of a robber, as well as that of
a murderer; and it may well be doubted whether he would have been
convicted at all, if developments damaging to the reputations and
dangerous to the existence of some of his friends had not been made during
the trial, on which they absented themselves mysteriously, and have never
been seen since. There was an instinctive and unerring conviction that the
worst man in the community was on trial; but it was hard work, after all
the proof and all this feeling to convict him.
Prepossessing in his appearance; brave beyond a doubt; affable in his
manners; jolly and free among his comrades, and with thousands of dollars
at his command; bad and good men alike working upon the feeling of the
community, when they could not disturb its judgment -it seemed, at times,
that all the labor was to end in disastrous failure.
The crowd which gathered around that fire in front of the court is vividly
before our eyes. We see the wagon containing the Judge, and an advocate
pleading with all his earnestness and eloquence for the dauntless robber,
on whose unmoved features no shade of despondency can be traced by the
fitful glare of the blazing wood, which lights up, at the same time, the
stern and impassive features of the guard, who, in every kind of
habiliments, stand in various attitudes, in a circle surrounding the scene
of justice. The attentive faces and compressed lips of the jurors show
their sense of the vast responsibility that rests upon them, and of their
firm resolve to do their duty. Ever and anon a brighter flash than
ordinary reveals the expectant crowd of miners, thoughtfully and steadily
gazing on the scene, and listening intently to the trial. Beyond this
close phalanx, fretting and shifting around its outer edge, sways with
quick and uncertain motion the wavering line of desperadoes and
sympathizers with the criminal; their haggard, wild and alarmed
countenances showing too plainly that they tremble at the issue which is,
when decided, to drive them in exile from Montana, or to proclaim them as
associate criminals, whose fate could neither be delayed nor dubious. A
sight like this will ne'er be seen again in Montana. It was the crisis of
the fate of the Territory. Nor was the position of prosecutor, guard,
juror or Judge, one that any but a brave and law-abiding citizen would
choose, or even accept. Marked for slaughter by desperadoes, these men
staked their lives for the welfare of the society. A mortal strife between
Colonel Sanders and one of the opposing lawyers was only prevented by the
prompt action of wise men, who corralled the combatants on their way to
fight. The hero of that hour of trial was avowedly W. F. Sanders. Not a
desperado present but would have felt honored by becoming his murderer,
and yet, fearless as a lion, he stood there confronting and defying the
malice of his armed adversaries. The citizens of Montana, many of them his
bitter political opponents, recollect his actions with gratitude and
kindly feeling. Charles S. Bagg is also remembered as having been at his
post when the storm blew loudest.
The argument of the case having terminated, the issue was, in the first
place, left to the decision of the twenty-four who had been selected for
that purpose, and they thereupon retired to consult.
Judge Byam, who shouldered the responsibility of the whole proceeding,
will never be forgotten by those in whose behalf he courted certain,
deadly peril, and probable death.
The jury were absent, deliberating on their verdict, but little less than
half an hour, and on their return, twenty-three made a report that Ives
was proven guilty; but one member -Henry Spivey -declined to give in any
finding, for unknown reasons.
The crisis of the affair had now arrived. A motion was made, "That the
report of the committee be received, and it discharged from further
consideration of that case," which Mr. Thurmond opposed; but upon
explanation, deferred pressing his objections until the motion should be
made to adopt the report, and to accept the verdict of the committee as
the judgment of the people there assembled; and thus the first formal
motion passed without opposition.
Before this, some of the crowd were clamorous for an adjournment, and now
Ives' friends renewed the attempt; but it met with signal failure.
Another motion, "That the assembly adopt as their verdict the report of
the committee," was made, and called forth the irrepressible and
indefatigable Thurmond and Col. J. M. Wood; but it carried, there being
probably not more than one hundred votes against it.
Here it was supposed by many that the proceedings would end for the
present, and that the court would adjourn until the morrow, as it was
already dark. Col. Sanders, however, mounted the wagon, and having recited
that Ives had been declared a murderer and a robber by the people there
assembled, moved "That George Ives be forthwith hung by the neck until he
is dead" -a bold and business-like movement which excited feeble
opposition, was carried before the defendant seemed to realize the
situation; but a friend or two and some old acquaintances having gained
admission to the circle within which Ives was guarded, to bid him
farewell, awakened him to a sense of the condition in which he was placed,
and culprit and counsel sought to defer the execution. Some of his ardent
counsel shed tears, of which lachrymose effusions it is well to say no
more than that they were copious. The vision of a long and scaly creature,
inhabiting the Nile, rises before us in connection with this aqueous
sympathy for an assassin. Quite a number of his old chums were, as
Petroleum V. Nasby says, "weeping profoosly." Then came moving efforts to
have the matter postponed until the coming morning, Ives giving
assurances, upon his honor, that no attempt at rescue or escape would be
made; but already Davis and Hereford* were seeking a favorable spot for
the execution.
Our Legislative Assembly seem to have forgotten that Mr. A. B. Davis** had
any of these arduous labors to perform, but none who were present will
ever forget the fearless activity which he displayed all through those
trials. A differentlv constituted body may yet sit in Montana and vote him
his five hundred dollars.
* Hereford put the rope around Ives' neck.
** Died in Helena, at the Masonic Home, in 1915. Davis always went by the
nickname of Lazy Davis, as he never did like to work.
The appeals made by Ives and Thurmond for a delay of the execution were
such as human weakness cannot well resist. It is most painful to be
compelled to deny even a day's brief space, during which the criminal may
write to mother and sister, and receive for himself such religious
consolation as the most hardened desire, under such circumstances; but
that body of men had come there deeply moved by repeated murders and
robberies, and meant "business." The history of former trials was there
more freshly and more deeply impressed upon the minds of men than it is
now, and the result of indecision was before their eyes. The most touching
appeal from Ives, as he held the hand of Col. Sanders, lost its force when
met by the witheringly sarcastic request of one of the crowd,* "Ask him
how long a time he gave the Dutchman." betters were dictated by him and
written by Thurmond. His will was made, in which the lawyers and his chums
in iniquity were about equally remembered, to the entire seclusion of his
mother and sisters in Wisconsin. Whether or not it was a time for tears,
it was assuredly a time of tears; but neither weakness nor remorse
moistened the eyes of Ives. He seemed neither haughty nor yet subdued; in
fact, he was exactly imperturbable. From a place not more than ten yards
from where he sat during the trial he was led to execution.
* J. X. Beidler.
The prisoner had repeatedly declared that he would never "die in his
boots," and he asked the sergeant of the guard for a pair of moccasins,
which were given to him; but after a while he seemed to be chilled and
requested that his boots might again be put on. Thus George Ives "died in
his boots."
During the whole trial, the doubting, trembling, desperate friends of Ives
exhausted human ingenuity to devise methods for his escape, trying
intimidation, weak appeals to sympathy, and ever and anon exhibiting their
abiding faith in "Nice, sharp quillets of the law." All the time the
roughs awaited with a suspense of hourly increasing painfulness the
arrival of their boasted chief, who had so long and so successfully
sustained the three inimical characters of friend of their clan, friend of
the people and guardian of the laws.
Not more anxiously did the great captain at Waterloo sigh for "Night or
Blucher" than did they for Plummer. But, relying upon him, they deferred
all other expedients; and when the dreaded end came, as come it must, they
felt that the tide in the affairs of villains had not been taken at its
flood, and not without a struggle they yielded to the inevitable logic of
events, and because they could not help it they gave their loved companion
to the gallows.
Up to the very hour at which he was hanged they were confident of
Plummer's arrival in time to save him. But events were transpiring
throughout the Territory which produced intense excitement, and rumor on
her thousand wings was ubiquitous in her journeying on absurd errands.
Before Lane reached Bannack news of Ives' arrest had reached there, with
the further story that the men of Alder Gulch were wildwith excitement,
and ungovernable from passion; that a vigilance committee had been formed;
a number of the best citizens hanged, and that from three hundred to five
hundred men were on their way to Bannack City to hang Plummer, Ray,
Stinson, George Chrisman, A. J. McDonald and others. This last "bulletin
from the front" was probably the offspring of Plummer's brain. It is also
likely that Lane and perhaps Ray and Stinson helped in the hatching of the
story. Suffice it to say that Plummer told it often, shedding crocodile
tears that such horribe designs existed in the minds of any as the death
of his, as yet, unrobbed friends, Chrisman, McDonald and Pitt.
His was a most unctuous sorrow, intended at that crisis to be seen of men
in Bannack, and quite a number of the good citizens clubbed together to
defend each other from the contemplated assault, the precise hour for
which' Plummer's detectives had learned, and all night long many kept
watch and ward to give the attacking party a warm reception.
There is no doubt that Plummer believed that such a body of men were on
their way to Bannack City after him, Ray, Stinson and company. The
coupling of the other names with theirs was his own work, and was an
excellent tribute paid in a back-handed way to their integrity and high
standing in the community.
"Conscience doth make cowards of all."
and Lane found Plummer anxious to look after his own safety rather than
that of George Ives. The rumors carried day by day from the trial to the
band in different parts of the Territory were surprising in their
exactness, and in the celerity with which they were carried; but they were
changed in each community by those most interested into forms best suited
to subserve the purposes of the robbers; and, in this way, did they
beguile into sympathy with them and their misfortunes many fair, honest
men.
Ives' trial for murder, though not the first in the Territory, differed
from any that had preceded it.
Before this memorable day citizens, in the presence of a welldisciplined
and numerous band of desperadoes, had spoken of their atrocities with
bated breath; and witnesses upon their trial had testified in whispering
humbleness. Prosecuting lawyers, too, had in their arguments often
startled the public with such novel propositions as "Now, gentlemen, you
have heard the witnesses and it is for you to say whether the defendant is
or is not guilty; if he is guilty you should say so, but if not, you ought
to acquit him. I leave this with you, to whom it rightfully belongs." But
the counsel for the defense were, at least, guiltless of uttering these
last platitudes; for a vigorous defense hurt no one and won hosts of
friends -of a certain kind. But on Ives' trial there was given forth no
uncertain sound. Robbery and honesty locked horns for the mastery, each
struggling for empire; and each stood by his banner until the contest
ended -fully convinced of the importance of victory. Judge Byam remained
by the prisoner from the time judgment was given, and gave all the
necessary directions for carrying it into effect. Robert Hereford was the
executive officer.
An unfinished house, having only the side-walls up, was chosen as the best
place near at hand for carrying into effect the sentence of death. The
preparations though entirely sufficient, were both simple and brief. The
butt of a forty-foot pole was planted inside the house at the foot of one
of the walls, and the stick leaned over a cross beam. Near the point was
tied the fatal cord, with the open noose dangling fearfully at its lower
end. A large goods box was the platform. The night had closed in with a
bright, full moon, and around that altar of vengeance the stern and
resolute faces of the guard were visible under all circumstances of light
and shade conceivable. Unmistakable determination was expressed in every
line of their bronzed and Weatherbeaten countenances.
George Ives was led to the scaffold in fifty-eight minutes from the time
his doom was fixed. A perfect babel of voices saluted 'the movement. Every
roof was covered, and cries of "Hang him!" "Don't hang him!" "Banish him!"
"I'll shoot!" " their murdering souls!" "Let's hang Long John!" were heard
all around. The revolvers could be seen flashing in the moonlight. The
guard stood like a rock. They had heard the muttered threats of a rescue
from the crowd, and with grim firmness -the characteristic of the miners
when they mean "business" -they stood ready to beat them back. Woe to the
mob that should surge against that living bulwark. They would have fallen
as grass before the scythe.
As the prisoner stepped on to the fatal platform, the noise ceased, and
the stillness became painful. The rope was adjusted, and the usual request
was made as to whether he had anything to say. With a firm voice he
replied. "I am innocent of this crime; Aleck Carter killed the Dutchman."
The strong emphasis on the word "this" convinced all around that he meant
his words to convey the impression that he was guilty of other crimes. Up
to this moment he had always accused Long John of the murder.
Ives expressed a wish to see Long John, and. the crowd of sympathizers
yelled in approbation; but the request was denied, for an attempt at a
rescue was expected.
All being ready, the word was given to the guard,* "Men, do your duty."
The click of the locks rang sharply, and the pieces flashed in the
moonlight as they came to the "aim." The box flew from under the
murderer's feet with a crash, and George Ives swung in the night breeze,
facing the pale moon that lighted up the scene of retributive justice.
* Charles Beehrer was the man that used those words.
As the vengeful click! click! of the locks sounded their note of deadly
warning to the intended rescuers, the crowd stampeded in wild affright,
rolling over one another in heaps, shrieking and howling with terror.
When the drop fell, the Judge, who was standing close beside Ives, called
out, "His neck is broken; he is dead." This announcement and the certainty
of its truth -for the prisoner never moved a limb -convinced the few
resolute desperadoes who knew not fear that the case was hopeless, and
they retired with grinding teeth and with muttered curses issuing from
their lips.
It is astonishing what a wonderful effect is produced upon an angry mob by
the magic sound referred to. Hostile demonstrations are succeeded by a mad
panic; rescuers turn their undivided attention to their own corporal
salvation; eyes that gleamed with anger, roll wildly with terror; the
desire for slaughter gives way to the fear of death, and courage hands the
craven fear his sceptre of command. When a double-barreled shot-gun is
pointed at a traveller by a desperado the feeling is equally intense; but
its development is different. The organ of "acquisitiveness" is dormant;
"combativeness" and "destructiveness" are inert; "caution" calls
"benevolence" to do its duty; a very large lump rises into the wayfarer's
throat; cold chills follow the downward course of the spine, and the value
of money, as compared with that of bodily safety, instantly reaches the
minimum point. Verily, "All that a man hath will he give for his life." We
have often smiled at the fiery indignation of the great untried when
listening to their account of what they would have done if a couple of
road agents ordered them to throw up their hands; but they failed to do
anything towards convincing us that they would not have sent valor to the
rear at the first onset, and appeared as the very living and breathing
impersonations of discretion. We felt certain that were they "loaded to
the guards" with the gold dust, they would come out of the scrape as poor
as Lazarus, and as mild and insinuating in demeanor as a Boston mamma with
six marriageable daughters.
At last the deed was done. The law-abiding among the citizens breathed
more freely, and all felt that the worst man in the community was dead -
that the neck of crime was broken, and that the reign of terror was ended.
The body of Ives was left hanging for an hour. At the expiration of this
period of time it was cut down, carried into a wheelbarrow shop, and laid
out on a work bench. A guard was then placed over it till morning, when
the friends of the murderer had him decently interred. He lies in his
narrow bed, near his victim -the murdered Tbalt -to await his final doom,
when they shall stand face to face at the grand tribunal, where every man
shall be rewarded according to his deeds.
George Ives, though so renowned a desperado, was by no means an ancient
practitioner in his profession. In 1857-58 he worked as a miner, honestly
and hard, in California, and though wild and reckless was not accused of
dishonesty. His first great venture in the line of robbery was the
stealing of government mules, near Walla Walla. He was employed as herder,
and used to report that certain of his charge were dead every time that a
storm occurred. The officer of the post believed the story,and inquired no
further. In this way George ran off quite a decent herd, with the aid of
his friends. In Elk City he startled his old employer in the mines of
California by riding his horse into a saloon, and when that gentleman
seized the bridle, he drew his revolver, and would certainly have killed
him, but fortunately he caught sight of the face of his intended victim in
time, and returning his pistol, he apologized for his conduct. When
leaving the city he wished to present his splendid grey mare to his
friend, who had for old acquaintance's sake supplied his wants; but the
present, though often pressed upon this gentleman, was as often refused;
for no protestations of Ives could convince him that the beautiful animal
was fairly his property. He said that he earned it honestly by mining. His
own account of the stealing of the government mules which we have given
above was enough to settle that question definitely. It was from the
"other side" that Ives came over to Montana -then a part of Idaho -and
entered with full purpose upon the career which ended at Nevada so fatally
and shamefully for himself, and so happily for the people of this
Territory.
A short biographical sketch of Ives and of the rest of the gang will
appear at the end of the present work.
The trial of Hilderman was a short matter. He was defended by Judge (?) H.
P. A. Smith. He had not been known as a very bad man; but was a weak and
somewhat imbecile old fellow, reasonably honest in a strictly honest
community, but easily led to hide the small treasure, keep the small
secrete, and do the dirty work of strong-minded, self-willed, desperate
men, whether willingly or through fear the trial did not absolutely
determine. The testimony of Dr. Glick showed him to be rather cowardly and
a great eater. He had known of the murder of Tbalt for some weeks, and had
never divulged it. He was also cognizant of the murder near Cold Spring
Ranch, and was sheltering and hiding the perpetrators. He had concealed
the stolen mules too; but, in view of the disclosures made by many, after
Ives was hung, and the power of the gang being broken., such disclosures
did not so much damage men in the estimation of the honest mountaineer.
Medical men were taken to wounded robbers to dress their wounds; they were
told in what affray they were received, and the penalty of repeating the
story to outsiders was sometimes told; but to others it was described by a
silence more expressive than words. Other parties, too, came into
possession of the knowledge of the tragedies enacted by them, from their
own lips, and under circumstances rendering silence a seeming necessity.
To be necessarily the repository of their dreadful secrets was no enviable
position. Their espionage upon every word uttered by the unfortunate
accessory was offensive, and it was not a consolatory thought that, at any
moment, his life might pay the penalty of any revelation he should make;
and a person placed in such a "fix" was to some extent a hostage for the
reticence of all who knew the same secret.
If stronger-minded men that Hilderman could pretend to be, had kept
secrets at the bidding of the road agents, and that too in the populous
places, where there were surely some to defend them -it was argued that a
weak-minded man, away from all neighbors, where by day and by night he
could have been killed and hidden from all human eyes, with perfect
impunity -had some apology for obeying their behests.
Mr. Smith's defense of Hilderman was rather creditable to him. There was
none of the braggadocio common to such occasions, and the people -feeling
that they had caught and executed a chief of the gang -felt kindly
disposed towards the old man.
Hilderman was banished from Montana, and was allowed ten days' time for
the purpose of settling his affairs and leaving. When he arrived at
Bannack City, Plummer told him not to go; but the old man took counsel of
his fears, and comparing the agile and effeminate form of Plummer with
those of the earnest mountaineers at Nevada, he concluded that he would
rather bet on them than on Plummer, and being furnished by the latter with
a pony and provisions, he left Montana forever.
When found guilty and recommended to mercy, he dropped on his knees,
exclaiming, "My God, is it so?" At the close of his trial he made a
statement, wherein he confirmed nearly all Long John had said of Ives.
Thus passed one of the crises which have arisen in this new community. The
result demonstrated that when the good and lawabiding were banded together
and all put forth their united strength, they were too strong for the
lawlessness which was manifested when Ives was hung.
It has generally been supposed and believed that Plummer was not present
at the trial of Ives, or at his execution. We are bound, however, to state
that Mr. Clinton, who kept a saloon in Nevada at the time, positively
asserts that he was in the room when Plummer took a drink there, a few
minutes before the roughs made their rush at the fall of Ives, and that he
went out and headed the mob in the effort which the determination of the
guard rendered unsuccessful.
Long John having turned states' evidence was set free, and we believe that
he still remains in the Territory.
One thing was conclusively shown to all who witnessed the trial of Ives.
If every road agent costs as much labor, time and money for his
conviction, the efforts of the citizens would have, practically, failed
altogether. Some shorter, surer, and at least equally equitable method of
procedure was to be found. The necessity for this, and the trial of its
efficiency when it was adopted, form the ground-work of this history.
Vigilantes of Montana - End of Chapters XIII-XIV
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