may study social problems from the life. Here, too, crime assumes gigantic proportions, and organizes for a war upon industry and thrift.

For a much more complete history of the roadagents and vigilance committees of Montana than I have space for, I refer the reader to my Popular Tribunals, this series. The name of this extensive class, 'road-agents,' which sprang up so quickly and disappeared so suddenly, became a mocking allusion to their agency in relieving travellers of whatever gold-dust or other valuables they might be carrying, and was preferred by these gentry to the more literal one of highway robbers. It is said, however, that the origin of the word came from the practice of the robbers of visiting overland stage stations, and, under the pretence of being agents of the mail line, changing their poor horses for better ones. The accoutrements of a road-agent were a pair of revolvers, a double-barrelled shot-gun of large bore, with the barrels cut down short, and a knife. Mounted on a fleet and well-trained horse, disguised with mask and blankets, he lay in wait for his prey. When the victim approached near enough, out he sprang, on a run, with levelled gun, and the order, "Halt! throw up your hands!" Should the command be obeyed, the victim escaped with the loss of his valuables, the robber riding away, leaving the discomfited traveller to curse at his leisure. But if the traveller hesitated, or tried to escape, he was shot.

Chief among this class and head of a large criminal association was Henry Plummer, gentleman, baker, legislator, sheriff, and author of many murders and robberies. Villany was organized in strict accordance with law. When Plummer was sheriff of Bannack in 1863 his chief associates in crime were sworn in as deputies.

In October the coach of Peabody and Caldwell which ran between Virginia City and Bannack was halted in a ravine by two road-agents and the passengers robbed of $2,800. In November Oliver's Salt

Lake coach left Virginia City and was robbed before reaching Bannack. One of the fraternity named Ives. shot a man who threatened to give information. To rid themselves of Dillingham, first deputy sheriff at Virginia City-a good man who would not join the gang -three of them shot him. They, as well as Ives, were arrested. In the matter of the murderers of Dillingham, some were in favor of a trial by a jury of twelve men, others opposed it on the ground that Sheriff Plummer would pack the jury. It was at length agreed to put the matter to vote, and it was decided in mass-meeting that the whole body of the people should act as jurors. Judge G. G. Bissell was appointed president of the court, with Steel and Rutar as associates. E. R. Cutler, a blacksmith, was appointed public prosecutor, and James Brown assistant, while H. P. A. Smith was attorney for the defence. Indictments were found against Stinson, one of the deputy sheriffs, and against Haze Lyons and Charles Forbes. In the cases of Stinson and Lyons a verdict of guilty was returned by the people. A vote being taken on the method of punishment, a chorus of "Hang them!" was returned, and men were set to erect a scaffold and dig graves. While these preparations were in progress Forbes was being tried. But the popular nerve had already begun to weaken, and besides, this murderer was a handsome fellow, tall, straight, agile, brave, and young, and the popular heart softened toward him. The same jury that condemned the others acquitted him on the false evidence of an accomplice and Forbes' eloquent speech in his own behalf, by a nearly unanimous vote. His attorney even fell upon his neck and wept and kissed him. How could the crowd hang the other wretches after this turn of affairs? The prisoners themselves saw their advantage, and pleaded eloquently for their lives, and some women who were present joined their prayers to those of the doomed men. The farce concluded by another vote being taken on a commutation of sentence; they were

29

23

The

simply banished, and hurriedly left the scene of popular justice. All this while poor Dillingham yet lay unburied, on a gambling-table in a brush wickiup. Thus ended the first murder trial at Virginia City. Ives, like Plummer and Forbes, was a gentlemanly rascal, and many persons refused to believe him a common murderer. A large number of persons collected from the mines about to witness his trial. counsel for the accused were H. P. A. Smith, L. F. Richie, Wood J. Thurmond, and Alexander Davis. W. F. Sanders conducted the prosecution, assisted by Charles S. Bagg. Wilson was the judge. Sanders mounted a wagon and made a motion that "George Ives be forthwith hanged by the neck until he is dead," which resolution was at once adopted. He was hanged a few feet from the place of his trial.

Having dared to execute one murderer, the people breathed a little more freely. But it was plain that the whole community could not go on holding court to try all the desperadoes in the country, hundreds of whom deserved hanging. It was out of this necessity, to protect society without turning it into a standing army, that the first movement arose to form a vigilance committee. Soon after the execution of Ives, five citizens of Virginia City and one of Nevada City found each other taking steps in the direction of such a committee. In a few days the league extended to every part of what is now Montana, and two men were hanged on the 4th of January in Stinkingwater Valley.

28 A wickiup was a brush or willow tent, or shanty. They were made by laying cross-poles on four upright posts and covering them with bushes. Some made by the Indians were not over 6 feet square. In Montana the conical

skin tent used by the mountain tribes was called a tepee.

29

George Ives was from Ives Grove, Racine county, Wis., and a member of a highly respectable family. He caused an account of his death at the hands of Indians to be sent to his mother, to conceal from her his actual fate. Dimsdale's Vig. of Montana, 223.

30 Sanders was a nephew of Judge Edgerton, first governor of Montana, and sole authorized power in the territory for some months. The vigilants gave Edgerton their support, which also gave moral support to Sanders. The legislature subsequently confirmed some of the governor's acts, and refused to confirm others. Undoubtedly his influence and that of his nephew was exerted for the public welfare.

Meanwhile evidence was accumulating against the chief of the road-agents and his principal aids. Feeling sure of this, Plummer, Stinson, and Ray determined to lose no time in leaving the scene of their many crimes. But just as their preparations were about completed they were quietly arrested, taken to a gallows in waiting, and hanged.31

During the month of January 1864 there were twenty-two executions in different parts of Montana. Smith and Thurmond, who defended Ives, were banished along with some spurious gold-dust manufacturers.

1 Dimsdale's Vig. of Montana, 128. The author of this pamphlet was born under the flag of Great Britain, and was very English in sentiment, yet he fully justifies the first committee of safety in their executions. Dimsdale was a contributor to the Virginia and Helena Post, and became its editor. He was appointed by Gov. Edgerton superintendent of public instruction of Montana, was orator of the grand lodge of masons, and possessed a large fund of general knowledge, with great versatility of talent. He prepared his book on the vigilants only two weeks before his death, which occurred Sept. 22, 1866, at the age of 35 years. He was pronounced genial, generous, and good.' Virginia and Helena Post, Sept. 29, 1866; Salt Lake Vidette, Oct. 11, 1866.

Dimsdale says that the Magruder party were murdered by order of Plummer, and quotes the confession of Erastus Yager (who was nicknamed Red). Yager stated that of the band in Bannack and Virginia Plummer was chief, William Bunton second in command and stool-pigeon, Samuel Bunton roadster (sent away by the band for being a drunkard), Cyrus Skinner roadster, fence, and spy. At Virginia City George Ives, Steven Marshland, John Wagner, Aleck Carter, William Graves, Buck Stinson, John Cooper, Mexican Frank, Bob Zachary, Boone Helm, George Lane, G. W. Brown, George Lowry, William Page, Doc. Howard, James Romaine (the last four were the murderers of the Magruder party), William Terwilliger, and G. Moore were roadsters. Frank Parrish and George Shears were roadsters and horsethieves. Ned Ray was council-room keeper. The password was 'Innocent.' They wore their neckties in a sailor-knot, and shaved their beard down to moustache and chin whiskers. All the above were hanged; and afterward Jack Gallagher, Joseph Pizanthia, James Daniels, Jake Silvie (who had killed 12 men), John Keene, R. C. Rawley, John Dolan, James Kelly, James Brady, and William Hunter. For a multitude of other murders and hangings in Montana, see Popular Tribunals, this series.

HIST. WASH.-41

CHAPTER III.

POLITICAL AND JUDICIAL.

1864-1866.

ORGANIZATION OF THE TERRITORY-BOUNDARIES ESTABLISHED-GOVERNOR EDGERTON-JUDGES APPOINTED-FIRST LEGISLATURE-SEAT OF GovERNMENT SEAL-MAP-MEAGHER, ACTING GOVERNOR-PARTY ISSUES -CONVENTION-ELECTION-EARLY NEWSPAPERS-VIGILANCE COMMITTEE INFLUENCE-EASTERN SOLONS-DIFFICULTIES ENCOUNTERED BY THE EARLY JUDGES - Beidler-MORE LEGISLATION-GOVERNOR SMITH — EDUCATION-ASSAY OFFICE-SURVEYOR-GENERAL-REMOVAL OF CAPITAL

Up to this time the territory later called Montana was still within the limits of Idaho, which embraced the mining country east of the Rocky Mountains. On the 26th of May, 1864, congress passed an act providing a temporary government for a new territory to be called Montana, the boundaries of which embraced 143,776 square miles, or 92,016,640 acres;1 commencing at a point formed by the intersection of the 27th degree of longitude west from Washington with latitude 45°, thence due west to longitude 34°, thence to latitude 44° 30′, thence west along that line to the summit of the Rocky Mountains, and along their crest to its intersection with the Bitterroot Mountains, thence along the summit of the Bitterroot Mountains to its intersection with longitude 39°, thence along that degree to latitude 49°, thence east along that line to longitude 27°, and thence southward on that degree to the place of beginning. It com

Zabriskie's Land Laws, 857.

2 Id., 860-71; U. S. Acts, 91-7, 38th cong. 1st sess.; Camp's Amer. YearBook, 1869, 497-500: Como Sentinel. Aug. 13, 1864,