The Vigilantes of Montana: 1864 Revisited

The truth about Myth 2

While serving as town marshal, Plummer shot and killed a man under conditions that today would almost certainly be ruled self-defense; but in this case, a jury found him guilty of murder in the second degree. After failing to secure an acquittal on appeal, Plummer spent six months incarcerated at San Quentin state prison before Governor John Weller granted him a pardon.

In Hanging the Sheriff, Mather and Boswell discuss in detail all aspects of this case, on pp 144-161.

In summary, the facts are:

• Lucy Vedder, wife of John Vedder was a battered wife, having suffered extreme violence and beatings from John.
• She turned first to the county recorder who told her that family problems were out of his line.
• Later she turned to a Mrs. Senner, whose husband owned a saloon the Vedders frequented, who suggested Lucy contact Marshall Plummer for advice, explaining that "she always went to him for advice."
• Henry Plummer put her in contact with David Belden, a prominent lawyer and member of the Democratic Club, who went to see her, and after listening to her advised against divorce.
• John continued to abuse his wife who finally fled to a hotel.
• Vedder came to the hotel with a gun and forcibly took their baby daughter, age 2 years. The hotel owner called Plummer to settle the dispute.
• Plummer and a deputy Corbett moved into a room across the hall from Lucy Vedder to protect her from John Vedder.
• Lucy Vedder finally decided to leave Nevada City, and returned to her house to pack her belongings. About 11pm of the night Vedder was shot, Pat Corbett arrived to watch her and protect her from John.
• Plummer arrived at about 11:30 to relieve Corbett. He asked Lucy if she were ready to leave. When she replied that she was considering staying in the house, Plummer asked her if she were not afraid Vedder might come back and "disturb" her.
• Lucy's story, as quoted in the Nevada Journal, 9 October 1857:

  It was about 12 o'clock at night I think. I was sitting on one side of the kitchen stove three or four feet from the back door; Mr. Plumer was sitting on the other side about the same distance from the door. He asked me whether I had made up my mind to leave the fire. I said I did not like to leave a fire. He had been there but a few minutes when I heard someone coming very quietly up the back stairs, very fast, did not hesitate. I thought it was Mr. Vedder by his step. Mr. Plumer was sitting with his hands over his eyes; he heard the step and started a little. Mr. Vedder opened the door and stepped in, came over the board. He got both feet over the door. I saw a pistol in his hand, saw a flash from it. Saying to Mr. Plumer, "Your time is come," he fired a pistol. Am positive as to the words he used, told him his time was come. As he made the remark and fired the pistol, he stepped back. Mr. Plumer raised out of his chair and fired at him as he was in the act of stepping out the door. Mr. Plumer took aim and fired three or four times. Vedder did not fire again. Plumer fired standing up; he did not fire while retreating; he never spoke at all. He took one or two steps to the door and fired all from one place, did not step over the board. Vedder may have been in the act of stepping down the first stair, can't say how wide the platform is. Plumer then turned and left the house through the front door without speaking a word to me. Neither of us spoke. After Plumer left, I took a light and went to the back stairs. I could not see Mr. Vedder very plain from the top of the stairs, could not see him till I got most to him. He was lying on his back with his head towards Deer Creek and his feet toward the stairs, his hands open and within two or three feet of his head a pistol was lying. He was alive when I got there and his eyes moved. He was breathing very hard. I laid my hand on his hand and on his forehead. I thought he knew me before he died. He lived but a short time. I went back upstairs and went into the street and called for assistance; presently some gentlemen came and carried Mr. Vedder upstairs. I then left the house.

• Mather and Boswell continue the story:

  Plummer's first shots struck Vedder in the heart and arm; the other two struck the back fence and privy. Vedder's shot passed through the kitchen and out the front door, lodging in the gate. Though Belden did not put Plummer on the stand, deputies repeated the words he had spoken when he asked for admittance to the jail. "He said he was in Vedder's house, talking, and Vedder came up; there was a board there; he pushed it away, drew up his arm with a pistol and told Plumer his time was come. Then Plumer drew and fired; he said he shot at him and backed and shot twice as he backed out, and said if he had not shot Vedder, Vedder would have shot him. He did not know who shot first, but thinks he had the first shot." When the deputies asked Plummer if he had killed Vedder, he had responded that he did not know.

  The prosecution attempted to show a motive for Vedder's murder by linking Lucy and Plummer, but were unable to provide any witnesses who had seen them alone together other than on the night of the shooting, 25 September. Neighbor women had not seen Plummer come to the house when Lucy was there alone, and the hotel keeper testified that Plummer had never been in Mrs. Vedder's room other than when John was also present. The witness who had unwittingly supplied Vedder with a gun swore John told him "he did not believe his wife had been unfaithful to him with Plumer."

• The jury pronounced Plummer guilty of murder in the second degree, with a sentence of 10 years in prison.
• The Supreme Court of the State of California unanimously reversed the decision siting prejudiced jurors.