Yeager’s List

The story so far:
Led by James Williams, a group of 24 or more men rode out from Nevada City on December 23, 1863, to track down Aleck Carter, whom George Ives had accused from the scaffold of being Nicholas Tbalt’s murderer. Although they did not find Carter (see January 27, 2017 issue of this newsletter), they returned with proof that an organized gang was responsible for about 100 murders in the region.
This proof is known as “Yeager’s List.”

It has been controversial almost from the start.

Yeager’s List*
Perhaps with his death immediately upon him, Erastus (”Red”) Yeager wanted to square himself with other men, and with God, before he died. We’ll never know for sure.
In any event, he seems to have made a full and complete confession. His list not only names the gang members, but defines their roles in the organization.

    I have added the crimes they were convicted for, as far as I have found them up to now, and the dates and places of their hangings.
  • Henry Plummer, Chief. Attempted armed robberies of Samuel T. Hauser and Nathaniel P. Langford, November 14, 1863, and of young Henry Tilden; murdered Jack Cleveland, ordered Dillingham murdered. Hanged at Bannack, January 10, 1864.
  • Bill Bunton, second in command, co-owner of Rattlesnake Ranch, stool pigeon. Deer Lodge Valley, January 19, 1864.
  • Frank Parish, roadster** and horse-thief, co-owner of Rattlesnake Ranch. Hanged with four others at Virginia City, January 14, 1864.
  • George Brown, secretary. Hanged at Laurin’s with Erastus “Red” Yeager./li>
  • Hayes Lyons, roadster. Helped murder D. H. Dillingham, June 30, 1863. Hanged with four others at Virginia City, January 14, 1864.
  • Sam Bunton, roadster. Left the country. His fate is not known — to me, at least.
  • Cyrus Skinner, roadster, fence, spy. Murderer of Bannack Indian named Old Snag, uncle of Robert Dempsey’s wife. Hanged at Hell Gate (Missoula) January 25, 1864.
  • George Ives, roadster. Murderer of Nicholas Tbalt. Armed robbery of Samuel T. Hauser and Nathaniel P. Langford, November 14, 1863; recognized during robbery of Leroy Southmayde. Hanged at Nevada City, December 21, 1863.
  • Steven Marshland, roadster. Attempted robbery of Milt Moody’s wagon train, early December 1863. Hanged at Big Hole Ranch, January 16, 1864.
  • Dutch John Wagner, roadster. Attempted robbery of Milt Moody’s wagon train, early December 1863. Hanged January 11, 1864.
  • Aleck Carter, roadster. Accused of Nicholas Tbalt’s murder by George Ives. Accessory before and after Nicholas Tbalt’s murder. Hanged at Hell Gate (Missoula) January 25, 1864.
  • Whiskey Bill Graves, roadster. Recognized during armed robbery of Leroy Southmayde. Hanged at Fort Owens, January 26, 1864.
  • George Shears, roadster and horse-thief. Hanged at Frenchtown, January 24, 1864.
  • Johnny Cooper, roadster. A “lieutenant of the gang” (Dimsdale). Wanted for murderer and escaping arrest. Hanged at Hell Gate (Missoula) January 25, 1864.
  • Buck Stinson, roadster. Helped murder D. H. Dillingham, June 30, 1863. Attempted armed robbery of Samuel T. Hauser and Nathaniel P. Langford, November 14, 1863. Hanged at Bannack January 10, 1864.
  • Ned Ray, council-room keeper at Bannack City. Attempted armed robbery of Samuel T. Hauser and Nathaniel P. Langford, November 14, 1863. Hanged at Bannack, January 10, 1864.
  • Mexican Frank, roadster.
  • Bob Zachary, roadster. Refused to participate in Magruder murder, but did not warn Magruder. Recognized during attempted robbery of Leroy Southmayde. Hanged at Hell Gate (Missoula) January 25, 1864.
  • Boone Helm, roadster. Hanged with four others at Virginia City, January 14, 1864.
  • Club-Foot George Lane, roadster. Spy, marked stagecoaches for targeting. His ride to Bannack to get Henry Plummer also implicated him as one of the gang. Hanged with four others at Virginia City, January 14, 1864.
  • Bill Hunter, roadster and telegraph man. Hanged at Gallatin Valley, February 3, 1864.
  • George Lowry, roadster. Tried, convicted of murder of Lloyd Magruder in Idaho, on evidence of Billy Page. Hanged March 4, 1864, in Lewiston.
  • Billy Page, roadster (turned state’s evidence in the Magruder murder). Cowered in his blankets while Magruder and his men during the murders.
  • “Doc” Howard, roadster. Tried, convicted of murder of Lloyd Magruder in Idaho, on evidence of Billy Page. Hanged March 4, 1864, in Lewiston.
  • Jem Romaine, roadster. Tried, convicted of murder of Lloyd Magruder in Idaho, on evidence of Billy Page. Hanged March 4, 1864, in Lewiston.
  • Billy Terwiliger, roadster.
  • Gad Moore, roadster. Banished winter 1863. Fled the country again.

Next time, March 15, 2017. Yeager’s List, part II. Why it remains controversial.

Notes:
* Montana Post, November 25, 1865, page 4. Thomas Josiah Dimsdale’s The Vigilantes of Montana was first published as a serial in the weekly Montana Post from August 26, 1865, through March 24, 1866. Its publication in pamphlet form was announced on October 6, 1866, two weeks after Dimsdale’s death at age 35 on September 22, 1866, from tuberculosis. Its publication as a book was announced on December 8, 1866, by D. W. Tilton & Co. The price per copy was $2.00 in dust or $2.25 in greenbacks. The Vigilantes of Montana is the first book to be published in Montana.
** “Roadster”: a man who held up travelers on the road, a road agent, or outlaw.

The Posse Rides – Hell’s Ninth Circle

The story so far: The hunt for the murderer(s) of Nicholas Tbalt (also spelled in various sources Tbolt, Tiebolt, Theobald) in December 1863 culminated with the trial, conviction, and hanging of George Ives, and the banishment of Long John Franck and George Hilderman. As a result of coming together during the Ives trial, people began talking to each other. Some concluded that hanging George Ives would not end the plague of armed robberies and murders. That realization sparked two Vigilante organizations, one in Virginia City and one in Nevada City. Fearing reprisal, and not knowing whom they could trust, they were so secretive that neither group knew about the other for a few days.

(In Date’s Inferno, the ninth circle of Hell is ice.)

(On December 23, 1863, two days after the Ives trial concluded, the Nevada City group of 24 men swore loyalty to each other in the Vigilante Oath that John Lott wrote (and neglected to sign). After electing “Captain” James Williams* their leader, they rode after Aleck Carter, whom George Ives had accused from the scaffold of murdering Nicholas Tbalt.)

~~~

The Ride to Cottonwood
James Williams furnished the men with horses, saddles, and blankets, and they rode out of Alder Gulch northward toward the Big Hole River. On December 24, 1863, according to Frederick Allen (A Decent, Orderly Lynching), they were less than half way to Cottonwood, a small settlement just outside of Deer Lodge.
The weather had been more like October so far, and they wanted as little delay as possible in catching Carter. When a snowstorm struck on Christmas Eve, they had inadequate warm clothes or provisions. Some of them had perhaps never experienced a Montana winter before. The temperature dropped to an estimated -33 F. Their mounts, tough range ponies and mules, had to paw through the snow to find fodder. The only way to survive was to keep moving north, over the Continental Divide, into the storm, until they found shelter.
The riders strung out, almost losing track of each other. They dismounted to spare the horses and followed the trail as best they could by the tracks of the men ahead that the wind rapidly filled with snow.
The storm seemed disastrous at the time, but in the long run it played a fortuitous role in the story of the Vigilantes. On Deer Lodge Creek they met a lone rider heading south toward Bannack. Erastus (“Red”) Yeager (or Yager) told them that Carter, Whiskey Bill Graves, Bill Bunton, and others were lying up in Cottonwood.
Encouraged by his news, the posse slogged on. On Christmas Day, they stopped at John Smith’s ranch where they reunited. The next day, December 26th, they rode into Cottonwood. Counting on Yeager’s story, they expected to find Carter and the others there.
As Dimsdale tells it,** they hoped to take their quarry by surprise. That was not to be. “They put up their horses,” Dimsdale relates, and looked for the men they sought, but “the birds had flown.” A distant camp fire in the mountains meant to them that they had been fooled. Uttering what Dimsdale terms “a hearty malediction,” they inquired among their acquaintances in Cottonwood how the quarry could have known they were on their trail.
They discovered that Red Yeager had delivered a note in care of a man named Tom Reilly, who knew nothing of what had happened in Alder Gulch. Reilly produced the note, which read, “Git up and dust. Look out for black ducks.”
They posse stopped in Cottonwood another two days to rest themselves and build up their horses for the return trip.
And James Williams began to think.***
Williams Suspects Organization
The ride south was worse than the northbound journey. A full-fledged blizzard roared around them. The temperature dropped to an estimated -33 F. “Physical suffering is not conducive to thinking,” writes Callaway (p. 54, Montana’s Righteous Hangmen). Nonetheless, on that long trail “the Captain was revolving in his mind” what had happened, and a “…well-founded surmise ripened into a certainty – that the outlaws had perfected a smooth-working and effective organization. How else to account for the warning so speedily conveyed to Deer Lodge?” Yeager had been in such a hurry to deliver his message that he killed two horses.
Williams, Callaway tells us, concluded that “the messenger must be pursued and captured at any cost. This proved to be a decision of far-reaching importance” (p. 54).
At Beaverhead Rock the men stopped and made camp. Firewood and food were scarce, the blizzard that pursued them continued to howl, and in the morning most of the horses had wandered off in search of shelter from the storm.
Nearly the entire day (December 31) was spent in rounding up the horses and trying to keep from freezing.
Then their luck changed. They met John X. Beidler, the man who had shouted from the rooftop, “Ask him (Ives) how much time he gave the Dutchman!” Beidler and Williams were good friends, and X (as his friends called him), said he thought Yeager might be somewhere around Rattlesnake Ranch.
On January 1, 1865, Williams directed most of the men to wait for him at Bob Dempsey’s place on Ramshorn Creek, while he and eight others rode to Rattlesnake, found Yeager, and arrested him.
On the way back, Williams’s mule stumbled and rolled over two or three times, throwing Williams into deep snow. The animal disappeared into a huge drift. When both were rescued by Williams’s laughing friends, neither was hurt.
When they arrived at Dempsey’s, luck smiled on them again. The bartender who worked for Robert Dempsey was George Brown.
Williams took Yeager into another room and accused him of being a road agent. When Yeager denied it, the Captain asked why, then, had he taken a message to Aleck Carter?
Yeager replied that he had happened to stop at Dempsey’s on his way to Deer Lodge and Brown asked him to do that service. As he was going up there anyway, Red complied. (The sources do not say whether or not Williams asked: If Red were merely doing Brown a favor, why had he ridden so hard as to kill two horses?)
Callaway writes that Williams was “a rare judge of human nature” (p. 56). Brown he judged to be weak and sly and cowardly, and would break down under questioning. Red, he thought, was straightforward, but not a good liar.
Unable to shake Red’s story, Williams decided to question them separately. Their stories conflicted. “Brown’s explanations were confused and highly incriminatory as to both himself and Red. On the other hand, Red attempted to maintain his original story, but he fell into inextricable inconsistencies and explanations” (Callaway, p.57).
The truth came out.****
By afternoon, everyone had heard all the prisoners had to say. Williams led the men outside, onto the bridge over the Stinking Water River (now the Ruby River). Callaway again: Williams said, “‘All in favor of hanging Brown and Yeager should move to the right side of the bridge.’”
He moved to that side, and all the men but one stepped to that side, too.
This one man now found that he had to leave immediately and go home or he would lose $2,000. Whether he had objections to hanging in general or did not think the case had been proved, the sources do not say. When the others faced him down with their pistols’ one-eyed stare, he changed his mind and stayed.
They took their prisoners to Virginia City, by way of Laurin’s, where Williams could go no farther without sleep.
While he (and the prisoners) slept, the others discussed their situation. Based on their experience before the Ives trial, they did not trust Jack Gallagher, Plummer’s chief deputy in Virginia City, and they feared that an argument over venue would turn into armed conflict. They agreed that they should not take Yeager and Brown to Virginia City, but “hang them here and be done with it” (Callaway, p. 60).
With that, they went back inside Laurin’s saloon and awakened Williams. After thinking about what they told him, he agreed.
When they roused Brown and Yeager and told them, Brown wept and begged for his life. “What will become of my wife and children?” His family was in Minnesota.
“You should have thought of them before,” Yeager retorted. When Williams suggested that he had no reason not to make a full confession, he agreed.
He gave them everything he knew about an organized gang. What he told them has come to be known as “Yeager’s List.” (We’ll take that up in the next newsletter.)
When he had finished, the group took Brown and Yeager to some cottonwood trees by the river and hanged them. Brown wept and pleaded, but Red shook each man’s hand and said, “Good-bye, boys. You’re on a good undertaking.” When, (as Dimsdale puts it) “the bodies had ceased to move,” the posse pinned a note to the back of each man’s shirt: “Brown! Corresponding Secretary!” and “Yager! Road Agent and Messenger.”
Afterwards, they rode to Nevada City where John Lott informed them that men in Virginia City had organized a Vigilance Committee.

Next time: Yeager’s List

Notes:
* How Williams got his nickname, “Captain” or “Cap”
Williams was also known as “Captain or “Cap.” On the way to Alder Gulch, the wagon train he led joined with another train, led by Joseph A. “Jack” Slade, for mutual protection. He vied with Williams to be captain of the combined train. Drunk, Slade threatened Williams, challenged him to a fight, which Williams managed to evade.

Cover for The Devil in the Bottle

The Devil in the Bottle: Joseph A “Jack” Slade challenges the Vigilantes


Slade was a courageous man of great ability. He had been a superintendent for the Central Overland Stagecoach Company, until his habit of binge drinking and destructive belligerence led to his being fired. He had a fearsome reputation. Now, when he lay down to take a nap, the combined train elected Williams. Awakening in a more sober state, Slade peaceably accepted the will of the people. (More on Slade in a subsequent newsletter.)
** Thomas Josiah Dimsdale
Dimsdale’s The Vigilantes of Montana is the first book to be published in Montana. I bought my copy in 1953 in Virginia City. It was printed in 1950 by McKee Printing Co., Butte, MT. The account of the pursuit of Aleck Carter is given in chapter XVII, “The Deer Lodge Scout.” In the years since, there have been so many different editions of this book that page numbers would probably be incorrect, but the chapter number has not (to my knowledge) changed.
***James Williams and Judge Llewellyn Link Callaway
Llewellyn Link (Lew) Callaway came to Virginia City in 1871 when he was not yet three years old. His father, Col. James Edmund Callaway, became partners with James Williams in a ranch, and his son grew up hearing the former Vigilante, his father’s friend, reminisce about his Vigilante days. (Generally, Williams never talked about his Vigilante experiences.) When he died in 1888 during the winter made famous by Charles Russell’s famous painting, “Waiting for a Chinook” (or “The Last of the 5,000”), young Callaway was 20 years old. From 1922 – 1935 he served as the Chief Justice of the Montana Supreme Court. He based his own history of the Vigilantes, Montana’s Righteous Hangmen, on his own memories of his father’s friends.
****Judge Callaway adds, “Be it said to the credit of the Vigilantes that no modern ‘third degree’ methods were employed, neither force nor threats were resorted to” (p. 57).
Sources used in this article:
Allen, Frederick. A Decent, Orderly Lynching. Oklahoma University Press, Norman, OK. 2004.
Dillon, Mark C. The Montana Vigilantes, 1863-1870: Gold, Guns, & Gallows. Utah State University Press, Logan, UT. 2013.
Dimsdale, Thomas Josiah. The Vigilantes of Montana. 12th Printing Revised. McKee Printers, Helena, MT 1950.
Langford, Nathaniel P. Vigilante Days and Ways. American & World Geographic Publishing, Helena, MT. 1996.

Between the Acts

Happy New Year!

This edition of the Montana History Newsletter was originally scheduled for last month, but the king of colds laid me up most of December, and it clogged my brain far too much to write or rewrite. With no energy to do more than read, I stayed home and finished reading a giant book (nearly 1,000 pages) titled Madison County Trails and Trials, 3-7-77. Published in 1976, it is described as “a compilation of family and community histories of Madison County Montana,” and spans the time from 1863 – 1920 (Montana Memory Project). Although formal historians might scorn it, I find it a valuable resource for information only found through family legends. For example, one entry confirms my long-held suspicion that a great many landmarks were obliterated when the road was oiled and widened, and gold dredging operations in Alder Creek destroyed settlements like Adobetown, as well as all of Nevada City between the creek and the road.

Now, to continue the story of the Vigilantes….

~~~

Between the George Ives trial that ended with his hanging on December 21, 1863, and when word of the Magruder Massacre came to Alder Gulch, events moved at warp speed (to use a 20th century metaphor).

  • December 21 – 23, 1863: Two Vigilante groups organized, one in Nevada City and one in Virginia City. So secret were these organizations that neither group knew of the other for the first few days.
  • December 22 – 23, 1863: The miners court tried George Hilderman and Long John Frank. Rather than hanging them as complicit in the murder, the court rewarded them for testifying against Ives and banished both men, who left the area forthwith.
  • December 23, 1863: Twenty-four men in Nevada City signed an oath of loyalty to each other and rode out in pursuit of Aleck Carter. (As Ives stood on the gallows, he had said, “I am innocent of this crime. Aleck Carter killed the Dutchman.” They took that as a dying declaration, automatically considered to be true.)

Cover, God's Thunderbolt: The Vigilantes of Montana

Where there is no code of law, ruffians rule and murder is tolerated, but Vigilante prosecutor Dan Stark cannot stand by while outlaws rob and murder innocent people, 2009 Spur Award winner


At some undetermined point, perhaps after the Nevada City Vigilantes rode out – but before the New Year – word came that Lloyd Magruder had been murdered and robbed. Magruder was a well liked and much respected merchant from Lewiston, the Idaho territorial capital. He also seems to have been one of nature’s innocents, a trusting man who believed the best of everyone until they proved him wrong. He had brought a mule train load of supplies from Lewiston to Virginia City during the summer. While there, he hired men to help him manage the merchandise and his animals.
When he sold out, he offered them jobs herding his mules and acting as guards until they all reached Lewiston.

They left Alder Gulch at the beginning of October 1863 and never arrived.

Along the way, two of his “guards” murdered Magruder and the four other men, slaughtered the animals, and threw everything – corpses and equipment – into a ravine. They kept $14,000 in gold. They let one man, Billy Page, live to help them reach Lewiston on condition he keep silent. Page was much too frightened to do anything but comply.

(Their route over the mountains still exists. It is maintained by the Forest Service, which marks the place where the Magruder Massacre happened.)

For our purposes, and for you to keep in mind during future newsletters, a man named Robert (Bob) Zachary was among Magruder’s summer employees. He knew the massacre was planned, but having an unaccountable objection to murder, he refused the job.

And he kept his mouth shut. He did not warn Magruder. (In fact, several people apparently knew of the plan, but all claimed to fear the outlaw gang so much they said nothing.)

When the murderers reached Lewiston, Magruder’s friend Hill Beachy became suspicious of three men acting too much as though they wanted to escape notice. He obtained a warrant for their arrest from Idaho officials and pursued them all the way to San Francisco. There he persuaded the Sheriff of San Francisco county to arrest them and hold them pending an order of extradition from Idaho Territory.

When it arrived, he took them into custody and escorted all three men back to Lewiston, where the first Territorial Legislature, then in session, began to consider a criminal code so that Magruder’s murderers could be tried.

Largely on the word of Billy Page, as well as a saddle positively identified as Magruder’s in their possession, a jury convicted them, and they were hanged.

Both Nathaniel P. Langford (Vigilante Days and Ways) and Thomas Josiah Dimsdale (The Vigilantes of Montana) think that learning of Magruder’s murder hardened people’s attitudes towards criminals. Had Hilderman and Franck been tried after people learned of the Magruder Massacre, they might well have been hanged rather than banished. (See Langford, chapter 31, and Dimsdale, chapters 14 and 15.)

Rather than lengthen this post, I’ll follow it up next month, when the Nevada City Vigilantes ride through the tenth circle of Hell. In his Inferno, Dante Alighieri describes ten rings of Hell. Sinners find their places on the ring appropriate for their crimes, in descending order of evil. The worst of the worst he assigned to the tenth circle, the circle composed of ice and eternal cold.