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Vigilantes of Montana - Chapters XXIII-XXVII
CHAPTER XXIII
The Arrest and Execution of Captain J. A. Slade, With a Short Account of
His Previous Career.
"Some write him hero, some a very knave;
Curses and tears are mingled at his grave." -Anon.
J. A. Slade, or, as he was often called, Captain Slade, was raised in
Clinton County, Ill., and was a member of a highly respectable family. He
bore a good character for several years in that place. The acts which have
given so wide a celebrity to his name were performed especially on the
Overland Line, of which he was for years an official. Reference to these
matters will be made in a subsequent part of this chapter.
Captain J. A. Slade came to Virginia City in the spring of 1863. He was a
man gifted with the power of making money, and when free from the
influence of alcoholic stimulants, which seemed to reverse his nature, and
to change a kind-hearted and intelligent gentleman into a reckless demon,
no man in the Territory had a greater faculty of attracting the favorable
notice of even strangers, and in spite of the wild lawlessness which
characterized his frequent spells of intoxication, he had many, very many
friends whom no commission of crime itself could detach from his personal
companionship. Another and less desirable class of friends were attracted
by his very recklessness. There are probably a thousand individuals in the
West possessing a correct knowledge of the leading incidents of a career
that terminated. at the gallows, who still speak of Slade as a perfect
gentleman, and who not only lament his death, but talk in the highest
terms of his character, and pronounce his execution a murder. One way of
accounting for the diversity of opinion regarding Slade is sufficiently
obvious. Those who saw him in his natural state only would pronounce him
to be a kind husband, a most hospitable host and a courteous gentleman. On
the contrary, those who met him when maddened with liquor and surrounded
by a gang of armed roughs, would pronounce him a fiend incarnate.
During the summer of 1863 he went to Milk River as a freighter. For this
business he was eminently qualified, and he made a great deal of money.
Unfortunately his habit of profuse expenditure was uncontrollable, and at
the time of his execution he was deeply in debt almost everywhere.
After the execution of the five men on the 14th of January the Vigilantes
considered that their work was nearly ended. They had freed the country
from highwaymen and murderers to a great extent, and they determined that
in the absence of the regular civil authority they would establish a
People's Court, where all offenders should be tried by judge and jury.
This was the nearest approach to social order that the circumstances
permitted, and though strict legal authority was wanting yet the people
were firmly determined to maintain its efficiency and to enforce its
decrees. It may here be mentioned that the overt act which was the last
round on the fatal ladder leading to the scaffold on which Slade perished,
was the tearing in pieces and stamping upon a writ of this court, followed
by the arrest of the judge, Alex. Davis, by authority of a presented
derringer and with his own hands.
J. A. Slade was himself, we have been informed, a Vigilanter; he openly
boasted of it, and said he knew all that they knew. He was never accused
or even suspected of either murder or robbery committed in this Territory
(the latter crimes were never laid to his charge in any place); but that
he had killed several men in other localities was notorious, and his bad
reputation in this respect was a most powerful argument in determining his
fate, when he was finally arrested for the offence above mentioned. On
returning from Milk River he became more and more addicted to drinking;
until at last it was a common feat for him and his friends to "take the
town." He and a couple of his dependents might often be seen on one horse,
galloping through the streets, shouting and yelling, firing revolvers,
etc. On many occasions he would ride his horse into stores; break up bars;
toss the scales out of doors, and use most insulting language to parties
present. Just previous to the day of his arrest, he had given a fearful
beating to one of his followers; but such was his influence over them that
the man wept bitterly at the gallows and begged for his life with all his
power. It had become quite common when Slade was on a spree for the
shopkeepers and citizens to close the stores and put out all the lights;
being fearful of some outrage at his hands. One store in Nevada he never
ventured to enter -that of the Lott Brothers* -as they had taken care to
let him know that any attempt of the kind would be followed by his sudden
death, and though he often rode down there, threatening to break in and
raise, yet he never attempted to carry his threat into execution. For his
wanton destruction of goods and furniture he was always ready to pay when
sober if he had money; but there were not a few who regarded payment as
small satisfaction for the outrage, and these men were his personal
enemies.
* See Lott's story.
From time to time, Slade received warnings from men that he well knew
would not deceive him, of the certain end of his conduct. There was not a
moment, for weeks previous to his arrest, in which the public did not
expect to hear of some bloody out rage. The dread of his very name and the
presence of the armed band of hangers-on who followed him, alone prevented
a resistance which must certainly have ended in the instant murder or
mutilation of the opposing party.
Slade was frequently arrested by order of the court whose organization we
have described, and had treated it with respect by paying one or two
fines, and promising to pay the rest when he had the money; but in the
transaction, and goaded by passion and. the hatred of restraint, he sprang
into the embrace of death.
Slade had been drunk and "cutting up" all night. He and his companions had
made the town a perfect hell. In the morning, J. M. Fox, the Sheriff, met
him, arrested him, took him into court, and commenced reading a warrant
that he had for his arrest, by way of arraignment. He became
uncontrollably furious, and seizing the writ, he tore it up, threw it on
the ground, and stamped upon it. The clicking of the locks of his
companions' revolvers was instantly heard and a crisis was expected. The
Sheriff did not attempt his capture; but being at least as prudent as he
was valiant, he succumbed, leaving Slade the master of the situation, and
the conqueror and ruler of the courts, law and law-makers. This was a
declaration of war, and was so accepted. The Vigilance Committee now felt
that the question of social order and the preponderance of the law-abiding
citizens had then and there to be decided. They knew the character of
Slade, and they were well aware that they must submit to his rule without
murmur, or else that he must be dealt with in such fashion as would
prevent his being able to wreak his vengeance on the Committee, who could
never have hoped to live in the Territory secure from outrage or death,
and who could never leave it without encountering his friends, whom his
victory would have emboldened and stimulated to a pitch that would have
rendered them reckless of consequences. The day previous, he had ridden
into Dorris's store, and on being requested to leave, he drew his revolver
and threatened to kill the gentleman who spoke to him. Another saloon he
had led his horse into, and buying a bottle of wine, he tried to make the
animal drink it. This was not considered an uncommon performance, as he
had often entered saloons, and commenced firing at the lamps, causing a
wild stampede.
A leading member of the Committee met Slade, and informed him in the
quiet, earnest manner of one who feels the importance of what he is
saying, "Slade, get your horse at once, and go home, or there will be -to
pay." Slade started and took a long look with his dark and piercing eyes,
at the gentleman -"What do you mean?" said he. "You have no right to ask
me what I mean," was the quiet reply, "get you horse at once, and remember
what I tell you." After a short pause he promised to do so, and actually
got into the saddle; but, being still intoxicated, he began calling aloud
to one after another of his friends, and at last seemed to have forgotten
the warning he had received and became again uproarious, shouting the name
of a well-known prostitute in company with those of two men whom he
considered heads of the Committee, as a sort of challenge; perhaps,
however, as a single act of bravado. It seems probable that the intimation
of personal danger he had received had not been forgotten entirely;
though, fatally for him, he took a foolish way of. showing his remembrance
of it. He sought out Alexander Davis, the Judge of the Court, and drawing
a cocked derringer, he presented it at his head, and told him that he
should hold him as a hostage for his own safety. As the Judge stood
perfectly quiet, and offered no resistance to his captor, no further
outrage followed on this score. Previous to this, on account of the
critical state of affairs, the Committee had met, and at last resolved to
arrest him. His execution had not been agreed upon, and, at that time,
would have been negatived, most assuredly. A messenger rode down to Nevada
to inform the leading men of what was on hand, as it was desirable to show
that there was a feeling of unanimity on the subject, all along the Gulch.
The miners turned out almost en masse, leaving their work and forming in
solid column, about six hundred strong, armed to the teeth, they marched
up to Virginia. The leader of the body well knew the temper of his men on
the subject. He spurred on ahead of them, and hastily calling a meeting of
the Executive, he told them plainly that the miners meant "business," and
that, if they came up, they would not stand in the street to be shot down
by Slade's friends and that they would take him and hang him. The meeting
was small, as the Virginia men were loath to act at all. This momentous
announcement of the feeling of. the Lower Town was made to a cluster of
men, who were deliberating behind a wagon, at the rear of a store on Main
street, where the Ohlinghouse stone building now stands.
The Committee were most unwilling to proceed to extremities. All the duty
they had ever performed seemed as nothing to the task before them; but
they had to decide, and that quickly. It was finally agreed that if the
whole body of the miners were of the opinion that he should be hanged, the
Committee left it in their hands to deal with him. Off, at hot speed, rode
the leader of the Nevada men to join his command.
Slade had found out what was intended, and the news sobered him instantly.
He went into P. S. Pfout's store, where Davis was, and apologized for his
conduct, saying that he would take it all back.
The head of the column now wheeled into Wallace street and marched up at
quick time. Halting in front of the store, the executive officer of the
Committee stepped forward and arrested Slade, who was at once informed of
his doom, and inquiry was made as to whether he had any business to
settle. Several parties. spoke to him on the subject; but to all such
inquiries he turned a deaf ear, being entirely absorbed in the terrifying
reflections on his own awful position. He never ceased his entreaties for
life, and to see his dear wife. The unfortunate lady referred to, between
whom and Slade there existed a warm affection, was at this time living at
their ranch on the Madison. She was possessed. of considerable personal
attractions; tall, well-formed, of graceful carriage, pleasing manners,
and was, withal, an accomplished horsewoman.
A messenger from Slade rode at full speed to inform her of her husband's
arrest. In an instant she was in the saddle, and with all the energy that
love and despair could lend to an ardent temperament and a strong
physique, she urged her fleet charger over the twelve miles of rough and
rocky ground that intervened between her and the object of her passionate
devotion.
Meanwhile a party of volunteers had made the necessary preparations for
the execution, in the valley traversed by the branch. beneath the site of
Payout's and Russell's stone building there was a corral, the gate-posts
of which were strong and high. Across the top was laid a beam, to which
the rope was fastened, and a dry-goods box served for the platform. To
this place Slade was marched, surrounded by a guard, composing the best-
armed and most numerous force that has ever appeared in Montana Territory.
The doomed man had so exhausted himself by tears, prayers, and
lamentations, that he had scarcely strength left to stand under the fatal
beam. He repeatedly exclaimed. "My God! my God! must I die": Oh, my dear
wife!"
On the return of the fatigue party, they encountered some friends of
Slade, staunch and reliable citizens and members of the Committee, but who
were personally attached to the condemned.
On hearing of his sentence; one of them, a stout-hearted man,, pulled out
his handkerchief and walked away, weeping like a child. Slade still begged
to see his wife most piteously, and it seemed hard to deny his request;
but the bloody consequences that were sure to follow the inevitable
attempt at a rescue, that her presence and entreaties would have certainly
incited, forbade the granting of his request. Several gentlemen were sent
for to see him in his last moments, one of whom (Judge Davis) made a short
address to the people; but in such low tones as to be inaudible, save to a
few in his immediate vicinity. One of his friends, after exhausting his
powers of entreaty, threw off his coat and declared that the prisoner
could not be hanged until he himself was killed. A hundred guns were
instantly leveled at him; whereupon he turned and fled; but, being brought
back, he was compelled to resume his coat, and to give a promise of future
peacable demeanor.
Scarcely a leading man in Virginia could be found, though numbers of the
citizens joined the ranks of the guard when the arrest was made. All
lamented the stern necessity which dictated the execution.
Everything being ready the command was given. "Men, do you duty," and the
box being instantly slipped from beneath his feet, he died almost
instantaneously.
The body was cut down and carried to the Virginia Hotel, where, in a
darkened room, it was scarcely laid out, when the unfortunate and betrayed
companion of the deceased arrived, at headlong speed, to find that all was
over, and that she was a widow. Her grief and heart-piercing cries were
terrible evidences of the depth of her attachment for her lost husband,
and a considerable period elapsed before she could regain the command of
her excited feelings.
J. A. Slade was, during his connection with the Overland Stage Company,
frequently involved in quarrels which terminated fatally for his
antagonists. The first and most memorable of these was his encounter with
Jules, a station keeper at Julesburg, on the Platte River. Between the
inhabitants, the emigrants and the stage people, there was a constant
feud, arising from quarrels about missing stock, alleged to have been
stolen by the settlers, which constantly resulted in personal difficulties
such as beating, shooting, stabbing, etc., and it was from this cause that
Slade became involved in a transaction which has become inseparably
associated with his name, and which has given a coloring and tone to all
descriptions of him, from the date of the occurrence to the present day.
There have been so many versions of the affair, all of them differing more
or less in important particulars, that it has seemed impossible to get at
the exact truth; but the following account may be relied on as
substantially correct:
From overlanders and dwellers on the road we learn that Jules was himself
a lawless aud tyrranical man, taking such liberties with the coach stock
and carrying matters with so high a hand that the company determined on
giving the agency of the division to J. A. Slade. In a business point of
view, they were correct in their selection. The coach went through at all
hazards. It is not to be supposed that Jules would submit to the authority
of a newcomer, or, indeed, of any man that he could intimidate; and a very
limited intercourse was sufficient to increase the mutual dislike of the
parties, so far as to occasion an open rupture and bloodshed. Slade, it is
said, had employed a man discharged by Jules, which irritated the latter
considerably; but the overt act that brought matters to a crisis was the
recovery by Slade of a team "sequestered" by Jules. Some state that there
had been a previous altercation between the two; but, whether this be true
or not, it appears certain that on the arrival of the coach, with Slade as
a passenger, Jules determined to arrest the team, then and there; and
that, finding Slade was equally determined on putting them through, a few
expletives were exchanged, and Jules fired his gun, loaded with buckshot,
at Slade, who was unarmed at the time, wounding him severely. At his
death, Slade carried several of these shot in his body. Slade went down
the road, till he recovered of his wound. Jules left the place, and in his
travels never failed to let everybody know that he would kill Slade, who,
on his part, was not backward in reciprocating such promises. At last,
Slade got well, and shortly after was informed that his enemy had been
"corralled by the boys," whereupon he went to the place designated, and,
tying him fast, shot him to death by degrees. He also cut off his ears,
and carried them in his vest pocket for a long time.
One man declares that Slade went up to the ranch where he had heard that
Jules was and, "getting the drop on him," that, is to say, covering him
with his pistol before he was ready to defend himself, he said, "Jules, I
am going to kill you;" to which the other replied, "Well, I suppose I am
gone up; you've got me now;" and that Slade immediately opened fire and
killed him with his revolver.
The first story is the one almost universally believed in the West, and
the act is considered entirely justifiable by the wild Indian fighters of
the frontier. Had he simply killed Jules, he would have been justified by
the accepted Western law of retaliation. The prolonged agony and
mutilation of his enemy, however, admit of no excuse.
While on the road Slade ruled supreme. He would ride down to the station,
get into a quarrel, turn the house out of windows, and maltreat the
occupants most cruelly. The unfortunates had no means of redress, and were
compelled to recuperate as best they could. On one of these occasions, it
is said, he killed the father of the fine little half-breed boy, Jemmy,
whom he adopted, and who lived with his widow atter his execution. He was
a gentle, well-behaved child, remarkable for his beautiful, soft black
eyes, and for his polite address.
Sometimes Slade acted as a lyncher. On one occasion, some emigrants had
their stock either lost or stolen, and told Slade, who happened to visit
their camp. He rode with a single companion, to a ranch, the owners of
which he suspected, and opening the door, commenced firing at them,
killing three and wounding the fourth.
As for minor quarrels and shootings, it is absolutely certain that a
minute history of Slade's life would be one long record of such practices.
He was feared a great deal more, generally, than the Almighty, from
Kearney, west. There was, it seems, something in his bold reckless, lavish
generosity, and firm attachment to his friends, whose quarrel he would
back, everywhere and at any time, that endeared him to the wild denizens
of the prairie, and this personal attachment it is that has cast a veil
over his faults, so dark that his friends could never see his real
character, or believe their idol to be a blood-stained desperado.
Stories of his hanging men, and of innumerable assaults, shootings,
stabbings and beatings, in which he was a principal actor, form part of
the legends of the stage line; nevertheless, such is the veneration still
cherished for him by many of the old stagers, that any insult offered to
his memory would be fearfully and quickly avenged. Whatever he did to
others, he was their friend, they say; and so they will say and feel till
the tomb closes over the last of his old friends and comrades of the
Overland.
It should be stated that Slade was, at the time of his coming West, a
fugitive from justice in Illinois, where he killed a man with whom he had
been quarreling. Finding his antagonist to be more than his match, he ran
away from him, and, in his flight, picking up a stone, he threw it with
such deadly aim and violence that it penetrated the skull of his pursuer,
over the eye, and killed him. Johnson, the Sheriff, who pursued him for
nearly four hundred miles, was in Virginia City not long since, as we have
been informed by persons who knew him well.
Such was Captain J. A. Slade, the idol of his followers, the terror of his
enemies and of all that were not within the charmed circle of his
dependents. In him, generosity and destructiveness, brutal lawlessness and
courteous kindness, firm friendship and volcanic outbreaks of fury, were
so mingled that he seems like one born out of date. He should have lived
in feudal times, and have been the comrade of the Front de Boeuffs, De
Lacys, and Rois Guilberts, of days almost forgotten. In modern times, he
stands nearly alone.
The execution of Slade had a most wonderful effect upon society.
Henceforth, all knew that no one man could domineer or rule over the
community. Reason and civilization then drove brute force from Montana.
One of his principal friends wisely absconded, and so escaped sharing his
fate, which would have been a thing almost certain had he remained.
It has often been asked why Slade's friends were permitted to go Scot
free, seeing that they accompanied him in all his "raids," and both shared
and defended his wild and lawless exploits. The answer is very simple. The
Vigilantes deplored the sad but imperative necessity for the making of one
example. That, they knew, would be sufficient. They were right in their
judgment, and immovable in their purpose. Could it but be made known how
many lives were at their mercy, society would wonder at the moderation
that ruled in their counsels. Necessity was the arbiter of these men's
fate. When the stern Goddess spoke not, the doom was unpronounced, and the
criminal remained at large. They acted for the public good, and when
examples were made, it was because the safety of the community demanded a
warning to the lawless and the desperate, that might neither be despised
nor soon forgotten.
The execution of the road agents of Plummer's gang was the result of the
popular verdict and judgment against robbers and murderers. The death of
Slade was the protest of society on behalf of social order and the rights
of man.
CHAPTER XXIV
The Execution of James Brady, for Shooting Murphy, at Nevada.
"Murder most foul and most unnatural. " -Shakespeare.
Early in the summer of 1864, the Committee were called upon to visit the
stern retribution due to those who wantonly and maliciously attempt to
assassinate a fellow-creature, upon James Brady, a resident of the Lower
Town, more generally known as Nevada City. The case was clear, so far as
the moral guilt of the accused was concerned, as will fully appear from
the subjoined account of the transaction; but there are not a few who
measure the extent of guilt by its consequences, and refuse to examine the
act itself on its own merits. Now, we have always held that a man who
fires at another, deliberately and with malice prepense, inflicting upon
him a wound of any kind, is as much a murderer as if the shot had proved
instantly fatal. The other judgment of the case depends upon the relative
goodness or badness of ammunition, the efficiency of the weapon, and the
expertness of the marksman. Hence, to hit the mark is murder; but to aim
at it, and make rather a wide shot, is manslaughter only. If a ball
glances on a man's ribs, it is manslaughter; if it goes between them, it
is murder. This line of argument may satisfy some people; and that it does
so, we know; at the same time it is not a doctrine that we can endorse,
being fully convinced of its utter want of foundation, in right reason or
common sense. Murphy, the victim of Brady's shot, was believed to be
dying; the physicians declared he could not live many hours, and for this
crime Brady was executed. Some kind-hearted but weak-headed individuals
think that the murderer ought to have been spared, because Murphy had a
strong constitution, and, contrary to all expectations, recovered; but
what the state of a man's health has to do with the crime of the villain
who shoots him, will to us forever remain an enigma as difficult as the
unravelling of the Gordian knot. The proper course, in such eases, seems
to be, not the untying of the knot aforesaid, but the casting on of
another, in the shape of a road agent's necktie.
At about eleven p. m., the stillness of the summer's night that had closed
in upon the citizens of Nevada was broken by two pistol shots fired in
rapid succession. The executive officer of the Commitee heard the reports,
as he was retiring to bed; but the sounds were too familiar to a
mountaineer to attract any special attention, and he lay down at once to
sleep. In a few minutes, however, he was startled from his quick coming
slumber by the sudden entrance of a friend who told him to get up, for
there was a man shot. Hastily dressing himself, he found that an
individual named Jem Kelly was a prisoner on the charge of being, an
accomplice in the deed. Who had fired the shots was not known, the man
having run off with all speed, before he could be arrested. A guard of two
Vigilantes was left in charge of Kelly, and the officer went quickly to
Brady's saloon, where he first heard, from bystanders, that they thought
Brady himself was the criminal, but that he had escaped. The wounded man
confirmed this statement, and an examination of the premises showed a
bullet-hole in the window through which the assassin had fired. The second
shot had been fired from the door-step.
A detail of twelve men were ordered to search the town for Brady, while
the captain and three others started for Virginia City, with the intention
of capturing him if he could be found there, or on the road thither. On
arriving at Central City, they ascertained from a citizen whom they met on
the street, that a man dressed in black clothes, and otherwise answering
the description of the fugitive, had passed through, and that he was
apparently intoxicated. They went on to Virginia, and on arriving there,
just about midnight, they found that the only house in which a light
appeared was the Beaver Head saloon, at the corner of Idaho and Jackson
streets, now John How & Co.'s store.
One of the party knew Brady personally, and on entering he at once
recognized him in the act of drinking with another man at the bar. The
captain stepped up and asked, "Is you name Brady?" "Yes," said he. "Then
you are my prisoner," answered the captain. On his inquiring what was the
charge against him, he was told that he was arrested for the murder of
Murphy. The prisoner immediately started offon a loud harangue, but was
stopped by the captain, who told him to keep quiet, and added, "You will
have a fair trial in the morning."
Brady was taken down to Nevada by his captors, and confronted with his
victim, who was lying in his own house. "Murphy," said the captain, "is
this the man that shot you?" The wounded man fixed his gaze on the
prisoner, and replied faintly, "It is." The guard then took Brady and
marched him down town, to the house where Kelly was confined. The two men
were given into the custody of a strong and well-armed party for the
night. The death of Murphy was hourly expected by the attending surgeons,
and all around him.
In the morning, Brady was taken before the Committee, who sat in the
Adelphi Hall, where they had been convened for that purpose. About fifty
members were present, and the charge against the prisoner was thoroughly
investigated. The trial commenced about eleven a. m.
Meanwhile, Kelly had confessed that he had kept bar for Brady on that day,
and that he knew that there was an old quarrel, and consequently ill
feeling existed between Brady and Murphy. The commencement of this feud
dated back as far as the preceding summer. This much of his testimony was
correct and truthful, and was corroborated by other witnesses. He then
went on to swear that the first thing he knew about the affray was the
firing of a shot through the window, followed by the discharge of another
into the door-step, and before he could see who it was that had done the
deed, the man had run away.
Brady, at first, pretended that he had shot the wrong man by mistake; but
he admitted at his trial that he had really aimed and fired the (supposed)
fatal shot. He said that had he been sober he would not have committed the
rash act, and he added, that after shooting, he went next door to his
cabin, and sat there for about five minutes; that he then became uneasy,
and started for Virginia, flinging his pistol away into the Gulch, on his
road up. The pistol was found and produced at the trial.
The evidence produced was so entirely conclusive as to admit of no doubt.
The offence was deliberate and cold-blooded murder, so far as the prisoner
was concerned, and he believed the same till the moment of his execution.
Sentence of death by hanging was pronounced.
With regard to Kelly the evidence adduced at the trial had led to some new
developments concerning his share in the transaction. It was positively
sworn that he had handed the pistol to Brady, across the bar; and that the
understanding was that he was to take the assassin's place, inside the
saloon, leaving him free to act on the outside; that, on receiving the
pistol, Brady went out with it under his coat, and going into his cabin,
he remained there for a few minutes, and then, walking to the window he
fired, with deliberate aim, through the window, without previous words, or
warning of his intention.
Kelly was sentenced to received fifty lashes on the bare back, which
punishment he duly received, after the execution.
The prisoner (Brady) sent for W. Y. Pemberton, now practicing law at
Helena, and requested him to settle his worldly affairs, in legal form.
Accordingly, that gentleman drew his will, and the necessary deeds for the
disposal of his property, after which he said that he must have a letter
written to his daughter. He commenced to dictate it, but the language of
the epistle reminded him so forcibly of his own wretched condition that he
was unable to proceed, and covering his face with his hands, he ran to his
bed, exclaiming, "Oh, my God! finish it yourself." The writer furnishes
the following note of the letter.
"My Dear Daughter: You will never see me again. In an evil hour, being
under the control and influence of whiskey, I tried to take the life of my
fellow-man. I tried to shoot him through a window. He will in all
probability die -and that at my hands. I cannot say that I should not
suffer the penalty affixed to the violation of law, I have been arrested,
tried and sentenced to be hanged by the Vigilance Comimttee. In one short
hour I will have gone into eternity. It is an awful thought, but it is my
own fault. By the love I feel for you, in this my dying hour, I entreat
you to be a good girl. Walk in the ways of the Lord. Keep Heaven, God and
the interest of your soul before your eyes. I commend and commit you to
the keeping of God. Pray for my soul. Farewell, forever.
"Your father, JAMES BRADY."
At four o'clock p. m. he was marched from his place of confinement to the
gallows, escorted by a guard of two hundred men, fully armed. At least
five thousand persons were present at the execution. The gallows was about
half a mile east of Nevada, and to save time and expense, a butcher's
hoist was used for the purpose, a box and plank being rigged for a drop.
When the rope had been adjusted, and the fatal preparations were all
completed, he was asked if he wished to say anything to the people. He
addressed the crowd, telling them that it was the first action of the kind
that he had done; that he was intoxicated and insane; that he hoped his
execution would be a warning to others, and that God would have mercy on
his soul. The trap fell, and James Brady ceased to exist. After hanging
for half an hour, the corpse was cut down and given to the friends of the
deceased for burial.
Jem Kelly was present at the execution of his friend, and when all was
over he was marched by the guard, down to an unfinished house in Nevada.
Here a halt was called, and the necessary arrangements for the whipping
were quickly made. Being asked to take off his shirt, he said, "the shirt,
leave it on;" but on being told that it would be spoiled, he removed it.
The culprit's hands were now tied together, and made fast to a beam over
head; after which five men inflicted the punishment, each giving ten
lashes with a raw-hide. Kelly showed no fortitude whatever, roaring and
screaming at every lash of the hide. At the termination of the flogging he
remarked, "Boys, if I hadn't been so fat, I should have died sure." Nevada
was no home for this low-minded villain, who left with all speed; and
resuming the career most congenial to a man as fond as he was of gold
without labor, and horses without purchase, he came to the same end as his
companion, Brady; but there was this difference between them -Kelly was a
thief and murderer by trade; Brady was an honest man, and had never before
ventured into the path of crime. Many felt sorry for his fate; but the old
miners who heard of Kelly's execution shrugged their shoulders and
muttered, "Served him right; he ought to have gone up long ago; I don't
believe in whipping and banishing; if a fellow ain't fit to live here, he
ain't fit to live nowhere by thunder -that's so, you bet your life." etc.,
etc., which terse and technical series of interjectional syllogisms
contain more good practical common sense than many a half-bound folio,
embodying the result of the labors of many a charter-granting plunder-
seeking body, humorously styled a "Legislature," west of "the River."
CHAPTER XXV
The Snake River Scout -Capture and Execution of Jem Kelly.
"The pitcher that went often to the well was broken at last." -Irish
Proverb.
In the month of July, 1864, the coach going from Virginia to Salt Lake was
robbed, and a large booty in gold dust was the reward of the road agents.
This was no sooner reported to the Committee than prompt measures were
taken to pursue the perpetrators of the crime.
A party of twenty-one of the old veterans who had hunted down Plummer's
band left Nevada, on Sunday, the 28th day of August, and camped at
William's Ranch for the night. On Monday the party rode all day, never
halting from breakfast time till evening. The rain fell in torrents,
rendering cooking impossible; so a hard bite was all that was available,
and each man coiled. himself up in his blanket with his saddle for a
pillow, and growled himself to sleep as best he could. Four guards came
into camp with the stock at daylight; whereupon the troop saddled up,
without taking breakfast, every one of the "crowd" being at the same time
wet, "dry," hungry and saucy. One of the boys had managed to bring along a
bottle of (contraband) whiskey, as he said, in case of snake-bites; but,
under the circumstances, as far as can be ascertained, no one refused a
mouthful of the aqua vitae. They had forgotten the "weights and measures"
of their school days, and at that camp, it was found that there were no
scruples to a dram. As one of the party observed, it was "big medicine,
you bet." A ride in the wet of fifteen miles brought them to Joe Patte's
and breakfast, which latter being despatched, and the former having
received their adieux, the "boot and saddle" once more sounded, and they
proceeded on their journey, changing horses at the Canyon Station, and
finally halting on the banks of Medicine Lodge Creek, in the midst of a
heavy rain storm, without shelter.
In the morning everybody felt wet, of course, and unamiable, probably; but
as "business is business" when Montana Vigilantes are afoot, nothing
objectionable to morality was offered, except an odd oath, caused by a
stiff-legged cayuse, or a refractory buckle, which, it is charitably
hoped, the rain washed from the record. The probabilities favor the
supposition, if the angel made the entry in his book on the banks of that
creek. If not, provided he was a good angel, he took no notes till after
breakfast, and dinner, at Camos Creek, had somewhat soothed and modified
the water-soaked but irrepressible rangers.
Saddling up once more, the party loped along a little more cheerfully,
reaching Snake River at ten p. m., where they, "their wearied limbs to
rest," lay down -in a haystack.
After breakfast they turned their horses' heads down stream, and camped in
the sage brush, without water, and with poor feed for stock. The
Vigilantes were supperless. On Friday they borrowed the necessary
"batterie de cuisine" from the Overland station, and cooked their
breakfast, after which they rode to Meek and Gibbon's Ferry, where they
camped, and turned out the stock in Fort Hall bottom.
A suspicious character having entered the camp, two of the boys tracked
him to his own "lodging on the cold ground;" finding however, that there
was no evidence of anything wrong about his halting-place, they returned.
At the Ferry the Vigilantes met an old friend -a brother of the early days
of '63-4. He was freighting poultry and hogs to Virginia from Salt Lake
City. Glad to see his old comrades on their righteous errand, he presented
them with a thirty-pound pig. A family of Morrisites living in a cabin at
the Ferry cooked it for them, and it was consumed with immense zest. Here
they learned that Jem Kelly had boarded in the house, and, on being asked
to pay, he had threatened to whip the old man. He said that he had a
partner coming from Salt Lake, and that when he arrived he should have a
plenty of money. He also intimated to one of the men living there that his
partner was one of the men who robbed Hughes, when a passenger in the
coach. Kelly also said that there was a big camp of emigrants, with a lot
of mules, near there, on their way to Oregon. He proposed that they should
stampede the stock, and that if the men offered a large enough reward,
they should return them; but if not, they would drive them off and sell
them. The man refused to have any hand in the matter, and was travelling
towards the Butte, to buy some lame cattle from the emigrants, when Kelly,
who started with him, fell behind, and drawing a pistol presented it at
him. The man turned at once, and Kelly, who saw something that scared him
in the expression of the man's eye, had not nerve to shoot, though he
wanted his money. He therefore turned it off as a joke.
The man failed to purchase the cattle and. returned. Kelly, who had parted
from him, came in some time during the next day, bringing with him a
horse, saddle and birdle. The emigrants had this horse to drive loose
stock, and, as is usual with animals so trained, he followed the wagons,
picking up his own living. One day he lagged behind, and they went back
for him. It is supposed Kelly watched them from behind the crest of a
hill, and catching the horse rode off with him.
A party of ten men, with a captain, were sent to scout on the Portneuf
Creek, and were mounted on the best animals. They went to Junction
Station, Fort Hall, where the overland boys shod the horses for them. From
that place they rode to Portneuf. The squad made a night march, and camped
at eleven p. m., without feed for man or beast, during a hurricane of
wind. Oliver's coach went by, and when the driver spied the horses, he
thought of robbers, and the passengers looked mightily scared. They drove
by on a keen run, much to the amusement of the boys, who saddled up at two
o'clock a. m. The men had no bedding and no "grub." The culinary furniture
was a tin cup, in each man's belt, and a good set of teeth. They started
at two o'clock a. m., because the stock was so hungry and restless. They
kept a bright lookout for Kelly.
At daybreak the saw a camp-fire. They rode up thinking of good times, but
found only a lot of Shoshone Indians, who had little but choke-cherries to
eat. The chief shortly after came to the captain, and offered him a
broiled trout, which he ate and then fell asleep, while the others were
regaling themselves on choke-cherries, supplied by little naked papooses.
An old squaw seeing the leader asleep when the sun rose, built a willow
wigwam over him, and when he awoke, he seemed considerably exorcised at
the sight of his house, which seemed like Jonah'a gourd. This was too much
for both boys and the Indians, and they laughed heartily.
The detachment saddled up and went on to Portneuf, where they ordered
breakfast at eleven a. m. at Oliver's Station. Here they learned that a
party of California prospectors, ten in number, all dressed in buckskin,
had caught Kelly, in a haystack. He had another horse by this time (he had
sold one at the ferry). The party went back for two and a half miles, on
Sunday morning.
The captain was ahead, scouting with one of the boys, and found the dead
body of a man floating in the creek. There was a shot wound through the
back of the head. The corpse was wrapped in a grey blanket, with a four
strand lariat around. the neck and shoulders, as though the body had been
dragged and sunk. There were two camp fires near, which seemed to be ten
or fifteen days old. They were situated in a thicket of willows. There was
a large boulder at the bottom of the eddy, where there was no current, and
the men thought that the body had been tied to it, but that it had broken
loose and floated.
The Vigilantes went back, got a pick and shovel, and buried him. The body
was dreadfully decomposed, and it was both difficult and disgusting to
raise it; however, they consulted, and slipping willows under it, they
reached over, and joining the tops, lifted out altogether, and laid the
putrified remains in their willow grave. Willows were placed below and
around them, and having covered them with earth and stone, they, getting a
tailboard from a pilgrim's wagon, wrote an inscription, stating his
finding by the Vigilantes, and the date of his burial. The men then jumped
into the saddle, and rode until after night, coming up with a freight
train for Virginia, camped on the road. The captain told his story,
whereupon the wagon boss ordered them a good warm drink and a hearty
supper, sending his herder to look after the stock. The command slept
soundly till daylight, and then rode twenty-five miles to the ferry, to
breakfast. They found the main body still camped there, and they were glad
to see the California buckskin-rangers, and Jem Kelly in custody.
A trial was called, and the evidence being heard, Kelly was unanimously
condemned to death. While pinioned, he asked for his pipe, and got a
smoke, which he seemed to enjoy very much. A knot was tied and greased,
and when all was working right, the party marched down to a Balm of Gilead
tree, and, in presence of the prisoner, rigged a scaffold by cutting a
notch into the tree, and putting one end of a plank from a pilgrim wagon
into the notch, and supporting the other on a forked stick. The captain
asked Kelly if he had anything to say. He answered that if he had never
drunk any whiskey he would have been a better man. He said it was hard to
hang him after whipping him. While he was on the trap, a couple of
Shoshone warriors came up, and looked on with evident amazement. When the
plank was knocked from under him, the Indians gave a loud "Ugh!" and
started at full speed for their camp. After he had hung some fifteen
minutes, the buckskins party came up, and having made some inquiries, they
helped to bury him in a willow coffin. The Vigilantes then returned home
without any further incident of travel worth recording.
CHAPTER XXVI
Arrest and Execution of John Dolan, Alias John Coyle, Alias "Hard Hat,"
for Robbing James Brady of $700 in Gold.
"As the stout fox, on thieving errand caught,
Silent he dies, nor hopes nor cares for aught,"-Anonymous.
Late in the month of August, 1864, a man named James Brady, of Nevada, was
robbed of $700 in gold by John Dolan, alias John Coyle, alias "Hard Hat,"
who had been living with him, and took the money from his trousers'
pocket. For some time the real thief remained unsuspected. He cunningly
overed to assist in the search, and treated Brady out of the money; but
suspicion being aroused by his sudden disappearance, pursuit was made in
the direction of Utah. John McGrath followed him to Salt Lake City, and
there found that he had changed his name to John Coyle, and that he had
gone on to Springville, whither his pursuer followed and arrested him.
Dolan stipulated that he should be preserved from the Vigilantes, on the
road home, which was agreed to, and McGrath and his prisoner arrived at
Nevada on the 16th of September. In the mean time, letters had been
received from parties ignorant of his transaction, informing the Committee
that Dolan was a pal of Jem Kelly, who was hanged at Snake River; and
evidence of his complicity with the road agents was also satisfactorily
adduced. He was the spy who "planted" the robbery of Hughes in the Salt
hake coach. It is nearly certain that the reason he fled to Utah was that
he might receive his share of the plunder.
After a patient and lengthened trial, his guilt being perfectly clear, he
was condemned to be executed by a unanimous vote of the committee. Three
hundred dollars of the lost money was recovered, and, though Dolan at
first denied his guilt, yet the production of peculiar nuggets being
irresistible evidence, he at last confessed the crime and offered to make
up the balance, if he should be let go. This could not be acceded to, and,
therefore, the Committee made good the amount lost by their refusal to
Brady.
It was on Saturday evening, September 17th, that the execution of Dolan
took place, and a' scene more fraught with warning to the desperate never
was enacted before the gaze of assembled thousands.
About sundown, strong parties of Vigilantes from Highland, Pine Grove and
Virginia, joined the armed force already on the ground belonging to Nevada
and Junction. The prisoner was confined in the ball-room, next door to the
Jaokson house, and here he was pinioned before being brought out. The
companies from Virginia, armed to the teeth, formed in two parallel lines,
enclosing an avenue reaching from the door through which the prisoner must
make his exit, on his way to the scaffold. The silence and the sternly
compressed lips of the guard showed that they felt the solemnity of the
occasion, and that they were prepared to repulse, with instant and deadly
action, any attempt at the rescue threatened by the prisoner's companions
in crime and sympathizers. All being ready a small posse of trust-worthy
men were detailed as a close guard in front, rear and on both Banks of the
prisoner. The signal being given, the commander of the guard gave the
word, "Company! draw revolvers!" A moment more and the weapons, ready for
instant use, were held at the Vigilantes' "ready," that is to say, in
front of the body, the right hand level with the center of the breast,
muzzle up, thumb on the cock, and the forefinger extended alongside the
trigger-guard.
"Right face! Forward, march!" followed in quick succession, and,
immediately the procession was fairly in motion, the files of the guard
were doubled. In close order they marched through a dense crowd to the
gallows, a butcher's hoist standing in the plain, at the foot of the
hills, about half a mile northeast of Nevada, where a fatigue party and
guard had made the necessary preparations for the execution. The multitude
must have considerably exceeded six thousand in number, every available
spot of ground being densely packed with spectators. The face of the hill
was alive with a throng of eager and excited people. The column of
Vigilantes marched steadily and in perfect silence through the gathering
masses, right up to the gallows. Here they were halted and, at a given
signal, the lines first opened and then formed in a circle of about fifty
yards in diameter, with an interval of about six feet between the ranks,
and facing the crowd, which slowly fell back before them, till the force
was in position.
Renewed threats of an attempt at rescue having been made, the word was
passed round the ranks, and the guard, in momentary expectation of a rush
from the anti-law-and-order men, stood ready to beat them back. The
prisoner, who exhibited a stolid indifference and utter unconcern most
remarkable to witness, was placed standing, on a board supported in such a
manner that a touch of a foot was all that was necessary to convert it
into a drop.
The executive officer then addressed the crowd, stating that the execution
of criminals such as Dolan was a matter of public necessity, in a mining
country, and that the safety of the community from lawlessness and outrage
was the only reason that dictated it. He raised his voice, and finished by
saying, in a manner that all understood, "It has been said that you will
rescue the prisoner; don't try it, for fear of the consequences. What is
to be done has been deliberately weighed and determined, and nothing shall
prevent the execution of the malefactor."
Dolan being now asked if he had anything to say, he replied in a, voice
perfectly calm, clear and unconcerned, that he admitted having committed
the crime with which he was charged; but he said that he was drunk when he
did it. He added that he was well known in California and elsewhere, and
had never been accused of a similar action before. He then bade them all
good-by, and requested that some of his friends would bury his body. The
rope was placed round his neck; the plank was struck from beneath his
feet, and the corpse swayed to and fro in the night breeze. He never made
a perceptible struggle. The dull sound of the drop was followed, or rather
accompanied, by the stern order to the crowd, repeated by one hundred
voices, "Fall back!" The glancing barrels and clicking locks of five
hundred revolvers, as they came to the present, sounded their deadly
warning, and the crowd, suddenly seized with a wild panic, fled, shrieking
in mad terror, and rolling in heaps over one another. A wagon and team
were drawn up outside the circle held by the Vigilantes, but such was the
tremendous stampede, that, taking them broadside, they rolled over before
the onslaught of the mob, like ninepins, and over wagon and struggling
mules poured a living torrent of people. Fortunately no great injury was
done to any one, and they gradually returned to the vicinity of the
scaffold. As the rush was made, the hill appeared to be moving, the
simultaneous motion of the multitude giving it that appearance.
Just before the drop fell, one of the guard, who had newly arrived in the
country, being pressed on by a tall, swarthy-looking reprobate, ordered
him back, dropping his revolver level with his breast at the same instant.
The villain quickly thrust his hand into his bosom, and the butt of a
pistol was instantly visible within his grasp. "I say, you sir!" observed
the guard, "just move your arm a couple of inches or so, will you? I want
to hit that big white button on your coat." "H---l!" ejaculated the
worthy, retiring with the rapidity of chain lightning among the crowd.
The people were then addressed by a gentleman of Nevada, who forcibly
showed to them the necessity of such examples as the present. He reminded
them that nothing but severe and summary punishment would be of any avail
to prevent crime, in a place where life and gold were so much exposed. The
prisoner had declared that he was drunk; but he had offered to return the
money, though only in case he would be pardoned. This offer a due regard
for the safety of the community forbade their accepting.
Dolan having been pronounced dead by several physicians, the body was
given into the care of his friends; the Vigilantes marched off by
companies, and the crowd dispersed. There was a solemnity and decorum
about the proceedings of the Vigilantes that all admired.
Before leaving the ground, a subscription was opened on behalf of the man
whose money had been stolen, and the whole sum missing ($400) was paid to
him by the Committee. This was an act of scrupulous honesty, probably
never before paralleled in any citizens' court in the world.
CHAPTER XXVII
Capture and Execution of R. C. Rawley.
"Justice is blind; but she has a long memory and a strong arm." -Proverb.
Since the execution of Plummer, Ray, Stinson, Pizanthia and Wagner, there
had been no execution in Bannack. The example had been sufficient, and,
though it could not be said that there was no crime in Bannack, yet the
change from the wild lawlessness of the roughs, and the reign of terror
caused by the presence of Plummer and his satellites, was most
encouraging. Scores of men silently and quickly left Bannack for other
regions. The dread of the "Vigilantes" was strongly impressed on every
person, and though it is not easy to suppose that the nature of the
desperadoes can be materially changed, yet it is tolerably certain, to
those who have witnessed the effect of what the heralds would call "a
noose pendent from a beam proper" -that men of the worst morals and most
unquestioned bravery -men whom nothing else could daunt -still maintains a
quietness of demeanor that, under any other circumstances than the fear of
retribution by the halter, would surely be foreign to their very nature.
Among those who dreaded the arrival of the day of vengeance was a man
passing by the assumed name of R. C. Rawley. He was no common loafer,
originally; but was, under another name and with a fairer character, a
merchant in a large Western city, from which, owing to what precise
discreditable cause we are uninformed authentically, he migrated to
Colorado, and there gradually sank down to the character and standard of a
"bummer." It was evident to all who knew him that he was a man of
education and of some refinement; occasionally remarks made in his sober
moments attested this, but a long course of brutal dissipation had
rendered his acquirements worthless, and had so debased his morals, that
he associated only with the thieves and marauders whose guilty career
terminated, as these pages have shown, upon the gallows. Robbed of all
self-respect, and even ambition, R. C. Rawley, on his arrival in this
country, attached himself as a hanger-on to the road agents, and was the
constant tool and companion of Stinson, Forbes, Lyons and their
associates. He sometimes seemed to become ashamed of his conduct, and
worked for short periods, honestly earning his living; but such spells of
good conduct were only occasional. He returned, uniformly, to his old
habits, "like the sow that is washed to her wallowing in the mire." Rawley
was a good-looking man, and, but for his habit of intoxication, he must
have been handsome.
In the winter of 1863-4, Rawley, though not closely identified with the
band, yet bore a suspicious character, owing to his connection and
association with them. He was seldom, indeed, on the road; but he acted as
an inside spy. As soon as the first blow was struck at the road agents, he
became nervous and excited in his demeanor, and, warned by the promptings
of a guilty conscience, he suddenly left Bannack, on a winter's morning of
such severity that nothing but the belief that detection and punishment
awaited him could have justified a sane man in undertaking a journey of
any considerable length. He was popularly supposed to have gone south or
to Boise.
In an ill-starred hour, in the month of September, 1864, unexpectedly to
most people, but with the knowledge of the Vigilantes, who had kept track
of his movements, he suddenly returned to Bannack, thinking, doubtless,
that all danger was past. He came back in rags, to find all his old
friends gone, and looked like a lone chicken on a wet day. For some time
after his return he kept quiet, and went to work for a man who lived down
the canyon, in the neighborhood of New Jerusalem. Those who knew him state
that when he was sober, although he was not a firstclass workman, yet he
labored steadily and well; but, as may be conjectured, his frequent visits
to Bannack, which always involved a spree of drunkenness, greatly impaired
his usefulness.
During the time when he was under influence of strong drink his old
predilections were brought prominently forward, and he did not hesitate to
utter threats of an unmistakable kind against the members of the
Committee; and also to express his sympathy and identification of interest
with the men who had been hanged, stating that they were good men, and the
Committee were----strangling------, etc. This kind of conduct was allowed
to remain unpunished for some six weeks or two months; but, as Rawley
began to get bolder and to defy the Committee, it was resolved that an end
should be put to such proceedings.
A meeting of the Vigilantes was called, and it was determined that his
case should be thoroughly investigated. This was done, and, during the
trial, evidence of a most convincing kind was adduced, of his actual
complicity in the outrages perpetrated by the band, of his being a spy for
them, and of his pointing out favorable opportunities for the commission
of robbery. As his present line of action and speech left no doubt that he
would connect himself with some new gang of thieves, and as it was more
than suspected that such an organization was contemplated, it was
determined to put a sudden end to all such doings, by making an example of
Rawley.
A party was detailed for the work, and going down unobserved and
unsuspected to New Jerusalem, they arrested him at night and brought him
up to Bannack, without the knowledge of a single soul except his actual
captors. As it was deemed necessary for the safety of society that a
sudden punishment should be meted out to him in such a manner that the
news should fall upon the ears of his associates in crime like a
thunderbolt from a clear sky, he was taken to Hangman's Gulch, and,
maintaining the most dogged silence and the most imperturable coolness to
the last moment, he was hanged on the same gallows which Plummer himself
had built for the execution of his own accomplice, Horan, and on which he
himself had suffered.
The first intelligence concerning his fate was obtained from the sight of
his dead body, swinging in the wind on the following morning. Before his
corpse was taken down for burial, a photographic artist took a picture of
the scene, preserving the only optical demonstration extant of the reward
of crime in Montana.
Thus died R. C. Rawley. A "passenger" or two attended his final march to
the grave, and shrouded in the rayless gloom of a night as dark as
despair, thus perished, unshrived and unknelled, the last of the tribe of
spies, cut-throats and desperadoes, who, in the early days of Bannack, had
wrought such horrors in the community.
The effect of the execution was magical. Not another step was taken to
organize crime in Bannack, and it has remained in comparative peace and
perfect security ever since.
Vigilantes of Montana - Chapters End of XXIII-XXVII
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