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.

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)
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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.