Category Archives: historical Western

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.

The Vigilantes Organize, Part II: Bylaws and Officers

In his legal history of the Vigilante era, Judge Mark C. Dillon writes,

“The ceremonial and legalistic manner in which the organization was formed, including the oath of its membership and the adoption of bylaws, suggests that the vigilantes did not intend to conduct themselves as an unruly mob but as a ‘righteous’ and disciplined organization.”*

Who Wrote the Vigilantes'”Regulations and Bye-Laws”?
Although authorship of the two-page document titled “Regulations and Bye-Laws” is unknown, the document itself survives in the archives of the Montana Historical Society (SC953). (Except in quoting the title, I use modern spelling, Bylaws, in this post.)

Hoffman Birney, writing in 1929, quotes Adriel B. Davis, sheriff of Junction and one of the first members of the Vigilance Committee, who attributed authorship “to an unnamed clerk” who worked in the store owned by J. E. McClurg. The unnamed clerk, Birney was told, knew the bylaws of the 1851 and 1856 San Francisco Vigilance Committees. Judge Dillon also recognizes in the Bylaws’ phrasing the possible hand of Wilbur F. Sanders.**

Structure of the Committee
Sanders’s work may also be seen in the military-style structure of the committee. In 1861, at the outbreak of the Civil War, he had recruited a company of artillery and a company of infantry, and was commissioned a first lieutenant in the 64th Ohio Infantry. He was appointed Assistant Adjutant General of the infantry company, and by the time he resigned from the army in August 1862, he had achieved the rank of Lt. Colonel. Of course, he may not have been the only man with a military background involved in writing the Bylaws.

The structure of the vigilance committee included a president, an executive officer, secretary, treasurer, and an executive committee. The president appointed captains for each of the mining districts, who formed a company and chose his lieutenants. Together, captains and lieutenants chose other men of “known worth and integrity” to join them. At some point, each company elected its captain and lieutenant.

In his “Early History of Montana,” Sanders writes that he was the “leader,” i.e., captain of the Bannack Vigilantes.***

Officers
The bylaws call for the executive committee to consist of

“seventeen members: the President, Executive Officer, Treasurer, Secretary of the Committee, and three persons from Virginia City, three from Nevada [City],” one each from Junction, Highland, Pine Grove, Bivens Gulch, and two from Summit. “… any eight of [them, i.e., the executive committee] shall constitute a quorum.”

The three main officers were: President – Paris S. Pfouts; Executive Officer – James Williams; Treasurer – John S. Lott. Additionally, Dillon names Wilbur Sanders as prosecuting attorney. (p. 128) In his ”Early History,” Sanders refers to his role simply as “counsel.”

The Bylaws require the following procedure to identify a criminal, which is worth quoting verbatim:

“…whenever any criminal act shall come to their (a member’s) knowledge to inform his Captain or Lieutenant of the same, when the officers so informed shall call together the members of his Company, (unless the Company has chosen a committee for such purpose) when they shall proceed to investigate the case, and elicit the facts and should the said company conclude that the person charged with any offense should be punished by the committee, the Captain or Lieutenant will first take steps to arrest the Criminal and then report the same with proof to the Chief who will thereupon call a meeting of the Executive Committee and the judgment of such Executive Committee shall be final.”

The “Ferreting Committee”
The Vigilantes soon formed a “Ferreting” committee, led by John X Beidler, which collected evidence and investigated allegations. I don’t know if they evaluated the evidence they found, or turned it over to the Executive committee, whose job it was to assess what was known and determine whether or not to collect more, dismiss the particular accusation, or to proceed with an arrest.

Following the procedure mandated in the Bylaws, is this chilling sentence:

“The only punishment that shall be inflicted by this Committee is death.”

A Different Sentence
Despite this, in the summer of 1864, a young man was reported to have several times embezzled money from his employer. The evidence was conclusive. Called before the Executive Committee to answer for his crime, the very frightened youth (age 19 or 20) shakily confessed his guilt. James Williams was among those present. Maybe none of the men, having pronounced the death penalty and in some cases having carried it out personally more than two dozen times, wanted to hang this boy. Williams argued that justice would be best served by another sentence.

The Committee sentenced the lad to repay in full the money he had stolen, after which he was to leave Montana Territory never to return.

Some years later, the young man, now grown into a respected citizen of Portland, Oregon, wrote to thank the Vigilantes. If he had not been caught, and received that sentence, he believed that he might carried on with his life of crime to its inevitable end. Instead, he had been as the saying is, “scared straight.”

Next: The Vigilantes Ride (January 11, 2017)
——-
Notes:
*The Montana Vigilantes, 1863-1870: Gold, Guns & Gallows, p. 127.
** The Montana Vigilantes, 1863-1870: Gold, Guns & Gallows, p. 127; Vigilantes, 1929, p. 218.
Note: Both Birney and Dillon include the entire document in their books. Short as it is at about 1,650 words, printing it in full here would overwhelm this post, so I’ve decided to paraphrase its main points.
Dillon includes the “Regulations and Bye-Laws” in his Appendix B, “Bylaws of the Vigilance Committee,” pp. 404-405.
Quotations here are from the original document in …: “Vigilante Records (Virginia City) 1863-1863, MHS, SC 953.”
To defray the expenses of the Ferreting committee, such as paying confidential informants, John Lott, the treasurer, kept a meticulous record. It has survived intact and is deposited in the Montana Historical Society Archives. Lott, who wrote the oath subscribed to by the posse on Dec. 23, 1863, may not have been an accurate speller, but he balanced the books.
***Sanders and his immediate and extended families lived in Bannack. He happened to be in Virginia City to discuss the possibility of sending delegates to Washington, DC, to persuade Congress to break a new territory (Montana) away from Idaho Territory.

The Vigilantes Organize

During the trial of George Ives (December 19 – 21, 1863) hundreds of people milled about the main street in Nevada City, sometimes listening to the evidence, or wandering off in search of beer or food.

As they moved around, they heard other people’s stories and began to tell their own. And it dawned on them that a lot of them had had very similar experiences, run-ins with the same armed robbers, warnings like that George Ives gave Anton Holter: “If you value your life, you’ll keep quiet.” Or, “It could go harder with you next time.”
Up to now, fear had kept them silent because they were mostly strangers to each other and did not know whom they could trust.

But safety in numbers gave them courage.

It did something else, too. They began to think past the general notion that ‘someone ought to do something.’

Two groups of men decided independently and unknown to each other that ‘something’ was up to them.

One group, perhaps led by John S. Lott, with his brother Mortimer, was in Nevada City, and the other was in Virginia City.

The Virginia City group began as an idea discussed privately between Wilbur Fisk Sanders and Paris S. Pfouts. Years later, Sanders wrote an account of forming the group that Thomas Josiah Dimsdale later dubbed “The Vigilantes of Montana.”

In his account, he recalls that he and Pfouts “on two occasions in November 1863, walked up Daylight Gulch in what is now Wallace Street above Van Buren Street, but which was then untrodden sagebrush” (p. 5).(1) They discussed the possibility of a vigilance committee. By then, Sanders writes, “…the trade (i.e., occupation) of blood was being pursued with increasing intensity as more and more the murders (i.e., murderers) counted on immunity from punishment for their crimes.”

God's Thunderbolt, 2009 Spur winnerl

God’s Thunderbolt, 2009 Spur winner


They talked over who might be willing to listen to the idea, and who might be opposed. Each man suggested a few names and agreed to broach the subject to them.
As Masons who believed in the rule of law, and despite their widely separate political views, both men found it difficult to consider a vigilance committee. An attorney, Sanders may have found it especially difficult, but continued threats and intimidation from the ruffians (or roughs as they were known) during and after the Ives trial convinced him that a vigilance committee was the only solution available.

Sanders recalls,

“Of course the objections to the movement were fully considered. The immunities which the constitution of the country and the laws of the United States and of the subordinate organizations of territories drew around the citizen gave no warrant to a movement of this kind, but it seemed that such movement was not in defiance of such immunities because neither the constitution or the laws were present to assert themselves or to secure to the citizens of this region that protection which they were meant to supply ….” (p.6) (Emphasis mine.)

Sanders is mistaken in saying the Constitution was not present, because it was reprinted in the “Organic Act” for every new territory that Congress authorized. However, given the formation of Idaho from other territories on March 4, 1863, Congress overlooked its duty to assure that the laws of one of these territories passed down to Idaho Ty.(2)

Because of that oversight, there was no legal code in Idaho Territory between March 4, 1863, when the Idaho Territorial Legislature was convened, and February 4, 1864, after the Vigilantes had taken control of the gold region.
Sanders writes,

We felt that the constitution and laws had abdicated their functions here and while no one was to blame therefor, the right to protect ourselves had returned in all its fullness. (p. 6)

Sanders here refers to the natural law that underlies the Constitution and the Declaration of Independence. “We hold these truths to be self-evident,” Thomas Jefferson wrote in the Declaration, “that all men are created equal, that they are endowed with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness.”

That is, when Constitutional law fails to protect citizens because it is perverted by the powerful as in San Francisco during the 1850’s, or because it is absent as in the gold fields of Idaho/Montana in 1863-1865, people have the right to fall back on natural law and protect themselves.(3)

Sanders goes on to explain that Constitutional laws could not

“secure to the citizens of this region that protection which they were meant to supply and which was the consideration and motive of the community and citizen in surrendering the inalienable right to enjoy in freedom and peace the inalienable natural rights of man.” (Emphasis mine.)

When Sanders, Pfouts, John Nye, and one or two other frightened men met in Nye’s tin shop to form the Vigilance Committee, they put sheets of tin over the windows and huddled around a shaded candle. So powerful were the ruffians, the criminal element known as the “roughs,” that even Sanders, who had defied them all in open court, whispered.

With Ives hanged, the roughs’ rage burned white hot. They shook their fists and shouted that Sanders and others were dead men.

Yet the Vigilance Committee grew. They met again and elected officers. Some people reported that they took an oath of mutual loyalty and secrecy, and perhaps they did, but it was never written down.

Sanders writes,

“The Vigilance Committee proper kept no written account of its transactions, had no secretary, nor any ritual or other document reduced to writing.” (p. 18)

They had trained memories that kept track of people’s accounts of being robbed at gunpoint and nearly being killed.

At a subsequent meeting, probably on Christmas Day 1863, they wrote the bylaws, or “bye-laws” as it was spelled in the nineteenth century.

***
As this edition of the newsletter is long enough, I’ve decided to split it in two. Today’s article on the rationale for forming the Vigilance Committee will be followed on Nov. 16 by the article on the bylaws, and more information on who the Vigilantes were.

Notes:
1*Sanders, Wilbur F. “Account of forming the Vigilance Committee,” Montana Historical Society Archives, MC53, 1903(?). Sanders’ recollection is corroborated by John Nye, in an account held in the Montana Historical Society Archives, MC53.Box 4 Folder 8.
2 For more information on the formation of Idaho Territory, see the website of the Idaho Historical Society: https://history.idaho.gov/territorial-history
3 There is, by the way, no record of Sanders having discussed this idea with his uncle, the Chief Justice of Idaho Territory, Sidney Edgerton, who would be named Governor of Montana Territory six or seven months later. Edgerton himself later denied any connection with the Vigilantes.