Alarmed at the indignation which this brutal deed had enkindled in the community, Moore and Reeves, at a late hour the same night, fled on foot in the direction of Rattlesnake. They were preceded by Plummer, who it was supposed had gone to provide means for their protection. He, however, afterwards asserted that he left through fear that in the momentary excitement the people would hang him for shooting Cleveland. A mass meeting of the citizens was held the next morning, and a cordon of guards appointed to prevent the escape of the ruffians. When it was discovered that they had gone, on a call for volunteers to pursue them, Messrs. Lear, Higgins, Rockwell, and Davenport immediately followed on their track. The weather was intensely cold. The route of the pursuers lay over a lofty mountain range covered with snow to a great depth. After riding as rapidly as possible, they came up with the fugitives at a distance of twelve miles from town. They had taken refuge in a dense thicket of willows on the bank of the Rattlesnake. Being challenged to surrender, they peremptorily refused. Pointing their pistols with well-directed aim at the approaching party, and interlarding their discourse with a flood of oaths, they ordered them to advance no farther on peril of their lives. The advantage was on the side of the robbers, and they could easily have shot down every one of their pursuers. A parley ensued. The position of both parties was fully discussed. The conviction Plummer was put upon his trial immediately. While that was progressing a messenger was sent to Godfrey’s CaÑon, ten miles distant, to summon Mr. Godfrey and the writer, who, with others, were erecting a saw-mill there. Before our arrival at midnight, Plummer was acquitted, no doubt being entertained, on presentation of the evidence, that he had killed Cleveland in self-defence. Several witnesses testified that they had on various occasions heard Cleveland threaten to shoot Plummer on sight. At a late hour the people separated with the purpose of assembling for the trial of Moore, Reeves, and Mitchell early the next morning. Day broke clear and cold. All work was suspended in the gulch, stores and hotels were abandoned, and the entire population, numbering at least four hundred persons, assembled in and about the large log building which had been designated as the place of trial. Every man was armed, some with rifles and shotguns, others with pistols and knives. The friends of the prisoners gave free utterance to threats, which they accompanied with much profane assumption of superior power and many defiant demonstrations. Pistols were flourished and discharged, oaths and epithets freely bestowed upon the citizens, and whatever vehemence of gesture and expression could do to intimidate the people, was adopted. Amid all this bluster it was apparent from the first that the current of popular opinion set strongly against the prisoners. There was an air of quiet determination manifested in every movement preparatory for The efforts of the roughs to suppress the trial only increased the indignation of the people, and after electing a temporary chairman, a motion was made that the accused be tried by a miners’ court. This form of tribunal grew out of the necessities of mining life in the mountains. It originated in the early days of California, when the country was destitute of courts and law, and still exists in inchoate mining communities as a witness to the fairness and honesty of American character. It is now the general custom among the property holders of a mining camp, as the first step towards organization, to elect a president or judge, who is to act as the judicial officer of the district. He has both civil and criminal jurisdiction. All questions affecting the rights of property, and all infractions of the peace, are tried before him. When complaint is made to him, it is his duty to appoint the time and place of trial in written notices which contain a brief statement of the matter in controversy, and are posted in conspicuous places throughout the camp. The miners assemble in force to attend the trial. The witnesses are examined, either by attorneys or by the parties interested, and when the evidence is closed the judge states the question at issue, desiring all in favor of the plaintiff to separate from the crowd in attendance until they can be counted, or to signify by a vote of “aye” their approval of his claim. The same forms are observed in the decision of a criminal case. The decision is announced by the judge and entered upon his record. Where the punishment is death, the criminal is generally allowed one hour to arrange his business and The progress of a trial in one of these courts is entirely practical. Often the miners announce at the commencement that the court must close at a certain hour. Cross-examinations are generally prohibited, and if lawyers are employed, it is with the understanding that they shall make no long arguments. Each party and their respective witnesses give their evidence in a plain, straightforward manner, and if any of the listeners desire information on a given point in the testimony they request the person acting as attorney to ask such questions as are necessary to obtain it. The decisions of these tribunals are seldom wrong, and are always enforced in good faith. They have many advantages in mining regions over courts at law. None of the tedious incidents of pleading, adjournment, amendment, demurrer, etc., which at law so often consume the time of litigants and put them to unnecessary expense, belong to a miners’ court. The miners themselves have little time to spare, and hence these courts are held on Sunday in all cases where the exigency is not immediate. They are held in the open air. Whenever, from any seemingly unnecessary cause, their investigations are prolonged, as by argumentative display, there are always those present who, by the command “Dry up,” “No spread-eagle talk,” force them to a close. On one occasion at Blackfoot, in Montana, a rough was It was a trial by this court that the murderers dreaded, and to escape which they made a trial by jury the condition of their surrender. When the motion was made to substitute the miners’ court it fell into their midst like a thunderbolt. They regarded a trial by the mass as certain of conviction as a trial by jury would be of acquittal, not because the latter would be any less likely than the former to perceive their guilt, but because fear of personal consequences would prevent them from declaring it. Men whose identity was lost in a crowd would do that which, if they were known, would mark them as victims for future assassination. The friends of the prisoners showed the estimation in which they regarded this consideration when they openly threatened with death every individual who participated in the trial. They anticipated that, as none would dare in defiance of this threat to act upon a jury, all proceedings would be suppressed, thus renewing the license for their continued depredations. The statement of the motion by the chairman was the signal for a violent commotion among the roughs. One long howl of profanity, mingled with the most diabolical threats and repeated discharge of pistols, filled the room. It is impossible to portray with accuracy of detail the fearful effects of passion which were exhibited by the assembly while this question was being determined. On a limited scale it could not have been unlike some of the riotous gatherings in Paris in the days of the first revolution. It wanted numbers, it wanted the magnificent surroundings of those scenes, but as an exhibition of the passions of depraved men, when inflamed with anger, drink, and vengeance, it could not have been greatly surpassed by them. Order at length being restored, a portion of the room was enclosed with scantling, for the accommodation of the Court and jury. J. F. Hoyt was elected Judge, Hank Crawford, sheriff, and George Copley, prosecutor. The jury was next chosen by a vote of the people. My own appointment on the jury was urged by the roughs, as a compliment for my efforts to obtain for them a jury trial. I was regarded by them as a friend, and they hoped confidently for acquittal through my influence. At first it was determined that the examination of the witnesses for both prosecution and defence should be conducted by George Copley, the prosecutor, but upon an appeal for justice in behalf of the prisoners it was at length The guilt of Moore and Reeves was fully established. This result was foreseen by their friends; and while the trial was in progress they sought by threats and ferocious gesticulations to intimidate the jury. Gathering around the side of the enclosure occupied by the jury, they kept up a continued conversation, the purport of which was that no member of that court or jury would live a month if they dared to find the prisoners guilty. Occasionally, their anger waxing hot, they would draw their pistols and knives, and brandishing them in the faces of the jurymen, utter filthy epithets, and bid them beware of their verdict. Crawford was the object of their especial hate. Their abusive assaults upon him and threats were so frequent and violent that at one time he tendered his resignation and refused to serve, but upon the promise of his friends to stand by and protect him he retained his position. The case was given to the jury at about seven o’clock in the evening. A friend of the prisoners in the court-room nominated me as foreman, but upon my refusal to serve under that nomination I afterwards received the appointment by a vote of my fellow-jurymen. JUDGE J. F. HOYT The court met the ensuing morning, when the verdict, under seal, was handed to the judge. He opened and returned it to the foreman, with a request that he read it aloud. An expression of blank astonishment sat upon the face of every person in the room, which was followed by open demonstrations of general dissatisfaction, by all but the roughs, who, accustomed to outrages and long Mitchell returned to Bannack after a few days’ absence, which was seemingly regarded as a full expiation of his sentence. A miners’ court met soon after his return, and in view of the fact that his sentence was not enforced, revoked the sentence of Moore and Reeves, who again rejoined their fellow-miscreants. Thus the first scene in the drama, which had been ushered in by such a bloody prologue, terminated in the broadest farce. The trial of Moore and Reeves was one of the earliest instances in the Territory where the lovers of law and order on one side, and the criminal element on the other, were brought into open, public antagonism. No one knew at that time which of the two was the stronger. The roughs had full confidence in their power to run the affairs of the Territory in their own way, and while the trial was progressing sought, by brandishing their revolvers in the court-room, by much loud-mouthed profanity, and by frequent interruptions and threats of vengeance directed against the judge and jury, to intimidate and terrify all who were concerned in conducting the proceedings, and arrest them in their purpose. The life of Judge Hoyt, the acting magistrate of the occasion, was often threatened; but he not only manifested no fear, but was all the more active and efficient in the discharge of the duties of his difficult position. Being the central figure in the court, his calmness and firmness inspired all the other persons engaged in the prosecution with courage equal to the occasion, while it daunted the roughs and probably prevented bloodshed. Professor Thomas J. Dimsdale, in his account of this trial, says: “To the delivery of this unfortunate verdict may be attributed the ascendency of the roughs. They thought the people were afraid of them. The pretext of Mr. Rheem, who defended the prisoners, says: “My conscience has more than once pricked me for interposing between the rogues and the halter, but I never believed till the last hour of their trial that they would escape hanging.” |