The Montana Vigilantes -- CHAPTER XXI

CHAPTER XXI
The Deer Lodge and Hell Gate Scout -Capture and Execution of Stephen Marshland, Bill Bunton, Cyrus Skinner, Aleck Carter, Johnny Cooper, George Shears, Robert Zachary, and William Graves (Whiskey Bill).

"He dies and makes no sign;
So bad a death argues a monstrous life." -Shakespeare.

The operations of the Vigilantes were, at this time, especially, planned. with a judgment, and executed with a vigor that never has been surpassed by any body, deliberate or executive. On the 15th of January, 1864, a party of twenty-one men left Nevada, under the command of a citizen whose name and. actions remind us of lightning. He was prompt, brave, irresistible (so wisely did he lay his plans), and struck where least expected.

The squadron rode to Big Hole, the first day, and, while on the road, detached a patrol to Clarke's Ranch, in pursuit of Steve Marshland, who was wounded in the breast, when attacking Forbes's train. His feet had been badly frozen, and flight was impossible. Leaving the horses behind, one of the party (No. 84) went in to arrest him, after knocking four times without answer, and discovered him in company with a dog, the two being the sole tenants of the ranch.

When the Vigilanter entered, he found all quite dark; but taking a wisp of dried grass, he groped his way to the fireplace, and kindled a light wit a match. The blaze revealed Steve Marshland in bed. "Hands up, if you please," was the salute of his captor; and a pointed suggestion from one of Col. Colt's pacification agents caused an instant compliance with this demand. Seeing that he was sick he asked what was the matter, and replied that he had the chills. This novel "winter sickness" not being accepted as a sufficient excuse, a further interrogatory elicited the fact that he had frozen his feet. "No. 84" removed two double-barreled shot guns, a yager and another rifle, from beside the bed, and asked him where he froze them. He said. he was prospecting at the head of Rattlesnake. "Did you raise the 'color'?" said his nterrogator. ''No," replied Marshland, ''I could not get to the bed-rock for water." The party commenced cooking supper, an invited him to eat with them. He took a cup of coffee and w s quite merry. After supper he was informed by the leader of thenature of the charge against him, viz., the robbery of Forbes's train. He denied having any wound, and slapped his breast, saying that it was "as sound as a dollar." Being asked if he had any objection to being examined, he said he had not; but the m ment his shirt was lifted the fatal mark of guilt was visible, in he shape of a recent bullet wound.

The prisoner was told that the evidence was complete, and that he must die. e then confessed, begging them to spare his life. He had matchers and tobacco in every pocket of his clothes. A pole was stuck into the ground, and leaned over the corral; a box was placed for him to stand on, and, all being ready, he once more begged to save him, saying ''have mercy on me for my youth." He died almost instantly.

His feet being frozen and partially mortified, the scent attracted the wolves, and the party had to watch both him and the horses. He was buried close by. The patrol then started to overtake the main body, and coming up with them about four miles above Evan's ranch, they reported the execution of Marshland. They had been absent only one night, leaving the command in the morning and rejoining them the next day.

Up to this time the scouting party had met no one, but marched in double file, at the rate of from sixty to seventy miles per day. They kept double watch over the horses when camped, and lit no fires, being fearful of attracting notice, and thus of defeating the object of their journey. The men were divided into four messes, with a cook to each, and every. party carried its own "grub" (the universal mountain word for 'food"). Each man had a revolver, and some sported two. A shot-gun or a rifle was also part of the equipment. The captain rode foremost. A spy was despatched to reconnoitre the town, and to meet the party at Cottonwood Creek. He performed his part satisfactorily.

When within about seventeen miles of Cottonwood, at Smith's Ranch, on Deer Lodge Creek, a halt was made about four p. m. After dark they started, and with perfect quiet and caution rode to within a short distance of the town. They found that the robbers were gone; but, surrounding Bill Bunton's saloon and dwelling house, they proceeded to business. Bill was in his house, but he refused to open the door. The three men detailed for his arrest said they wanted to see him. For a long time he refused. At last he told a man named Yank and a young boy who was stopping with him to open the door. The men made him light a candle before they would enter. This being done Bunton's captors rushed in and told him that he was their prisoner. He asked them for what, and was told to come along and that he would find out.

*A Vigilanter of small stature but of great courage fastened upon him. He found, however, that he had caught a Tartar, so another man "piled on" (Montnice), and soon his arms were fast tied behind him. A guard was detailed to escort him down to Pete Martin's house, the rest being sent for to assist in taking Tex out of the saloon.

* J. X. Beidler.

A similar scene occurred here when the robber came out. He was instantly seized, pinioned, and taken down to keep company with his friend, Bill Bunton.

Pete Martin was frightened out of a year's growth when the Vigilanters surrounded his house. He was playing cards with some friends, and for a long time refused to come out; but finding that, as he said, "he wasn't charged with nothing," he ascertained what was wanted, and then returned to finish his game. As the exigencies of the times had rendered a little hanging necessary in that neighborhood, he felt small concern about the fate of Bunton and Tex, who were of a dangerous religion.

The party slept and breakfasted at the house. In the morning a stranger who was conversing with Bunton, to whom he was unknown, informed the Vigilantes that the culprit had said that "he would 'get' one of the-----yet." On being searched a derringer was found in his vest pocket. As he had. been carefully overhauled the night before it was evident that some sympathizer had furnished him with the weapon. He refused to confess anything, even his complicity in the robbery of the coach, where he played "pigeon." Red had testified that he shared the money. He also denied killing Jack Thomas' cattle; but Red had confessed that he himself was the butcher, and that he had been hired by Bunton, who called him a coward when he spoke about the skins lying round the house, as being likely to be identified.

There being no possible doubt of his criminality, the vote on his case was taken with the uplifted hand, and resulted in a unanimous verdict of guilty.

The captain then told him that he was to be hanged, and that if he had any business to attend to he had better get some one to do it. He gave his gold watch to his partner, Cooke, and his other property to pay his debts. He had won his interest in the saloon some fourteen days before by gambling it from its owner.

Tex was taken to another house and was separately tried. After a patient investigation the robber was cleared -the evidence not being sufficient to convict him. Had the Vigilantes held him in custody for a time Tex would. have experienced a difficulty in his breathing that would have proved quickly fatal; for testimony in abundance was afterward obtained, proving conclusively that he was a highwayman and comomn thief. He made all sail for Kootenai, and there boasted that he would shoot any Vigilanter he could set eyes on.

About two hundred and fifty feet to the left-front of Pete Martin's house, at the gate of Louis Demorest's corral, there were two upright posts and a cross-beam which looked quite natural, and appeared as if they had been made for Bunton.

The prisoner was taken out and put on a board supported by two boxes. He was very particular about the exact situation of the knot, and asked if he could not jump off himself. Being told that he could if he wished, he said that he didn't care for hanging any more than he did for taking a drink of water; but he should like to have his neck broken. He seemed quite satisfied when his request was granted. He continued to deny his guilt to the very last moment of his life, repeating the password of the gang. "I am innocent." Two men were stationed at the board -one at each end -and all being ready he was asked if he had anything to say or any request to make. He said, "No; all I want is a mountain three hundred feet high to jump off." He said he would give the time -"one," "two," "three." At the word "ready," the men stationed at the plank prepared to pull it from under him, if he should fail to jump; but he gave the signal, as he promised, and adding, "here goes it," he leaped into the embrace of death. The cessation of muscular contraction was almost instantaneous, and his death was accompanied by scarcely a perceptible struggle.

The corral-keeper's wife insisted, in terms more energetic than polite, that her husband should get the poles cut down. With this request he was forced to comply, as soon as the corpse of the road agent was removed for burial.

The parties knew that the robbers were to be found at Hell Gate, which was so named because it was the road which the Indians took when on the war-path, and intent on scalping and other pleasant little amusements, in the line of ravishing, plundering, fire-raising, etc., for the exhibition of which genteel proclivities the Eastern folks recommend a national donation of blankets and supplies to keep the thing up. As independent and well-educated robbers, however, sedulously reared to the business from childhood, it must be admitted that in case anything is lacking, they at once proceed to supply the deficiency from the pilgrims' trains and from settlers' homesteads. If the Indians were left to the Vigilantes of Montana they would contract to change their habits at small cost; but an agency is too fat a thing for pet employees, and consequently a treaty is entered into, the only substantial adjunct of which is the quantity of presents which the Indians believe they have frightened out of the white men. Probably in a century or so they will see that our view is correct.

On their road from Cottonwood to Hell Gate the troop was accompanied by Jemmy Allen, towards whose ranch they were directing their steps. The weather was anything but pleasant for traveling, the quantity of snow making it laborious work for the Vigilantes, and the cold was very hard to endure without shelter. At the crossing of Deer Lodge Creek the ice gave way and broke through with the party. It was pitch dark at the time, and much difficulty was experienced in getting out both men and horses. One cavalier was nearly drowned; but a lariat being put round the horse's neck it was safely dragged out. The rider scrambled to the bank somehow or other -memory furnishes the result only, not the detail -and jumping on to the "animal," he rode on a keen run to the ranch, which was some four or five miles ahead.

The remainder of the cavalcade travelled on more leisurely, arriving there about eleven p. m., and having recruited a little they wrapped themselves in blankets and slumber without delay.

Next morning, in company with Charley Eaton, who was acquainted with the country and with the folks around Hell Gate, they started for that locality, and after riding fifteen or sixteen miles through snow, varying in depth from two to three feet, they camped for the night. The horses being used to foraging, pawed for their food.

The next morning the party crossed the bridge, and rode to the workmen's quarters on the Mullan* Wagon Road, where, calling a halt, they stopped all night. Accidents will happen in the best-regulated families, and in a winter scout in the wilds of Montana casualties must be expected as a matter of course. The best mountaineer is the man who most quickly and effectually repairs damages, or finds a substitute for the missing article. While driving the ponies into camp one of them put his foot into a hole and broke his leg. As there was no chance to attend to him he was at once shot. Another cayuse by a similar accident stripped all the skin off his hind legs from the hough down. He was turned loose to await the return of the expedition.

* Lieut. Mullan built a road across the mountains, for the Government, in '58 and '54.

At daylight the troop were in their saddles and pushing as rapidly as possible for the village. On arriving within six miles of the place the command halted on the bank of a small creek till after dark, to avoid being seen on the road. As soon as night threw her mantle over the scene, they continued their journey till within two hundred yards of Hell Gate, and there dismounting they tied their horses.

Their scout had gone ahead to reconnoitre, and, returning to the rendezvous, he informed the captain of the exact position of affairs. Coming through the town on a tight run, they mistook the houses; but, discovering their error, they soon returned, and surrounding Skinner's saloon, the owner, who was standing at the door, was ordered to throw up his hands. His woman (Nelly) did not appear to be pleased at the command, and observed that they must have learned that from the Bannack stage folks.

Skinner was taken and bound immediately. Some of the men went for Aleck Carter, who was in Miller's, the next house. Dan Harding opened the door, and seeing Carter, said, "Aleck, is that you?" to which the road agent promptly replied "Yes." The men leveled their pieces at him, and the leader, going over to the lounge on which he was lying, rather drunk, took his pistol from him and bound him, before he was thoroughly aroused. When he came to himself, he said, "This is tight papers, ain't it boys?" He then asked for a smoke, which being given to him, he inquired for the news. On hearing of the banging of the blood-stained miscreants whose doom has been recorded in these pages, he said, "All right; not an innocent man hung yet."

He was marched down under guard; to Higgins' store, where he and Skinner were tried, the examination lasting about three hours. Skinner's woman came down, bent on interference in his behalf. The lady was sent home with a guard, who found Johnny Cooper lying wounded in the house. He had been shot in three places by Carter, whom he had accused of stealing his pistol. He was, of course, instantly secured.

Some of the guard happening to remark that Johnny seemed to be suffering "pretty bad," the lady expressed a conviction, with much force and directness, that "by, there were two outside suffering a sight worse" (meaning Skinner and Aleck Carter).

Cooper was one of the lieutenants of the gang. He was a splendid horseman, and a man named President, who was present at his apprehension, knew him well on the "other side." He had murdered a man, and being arrested, was on his way to the court, when he suddenly broke from his captors, leaped with a bound on to a horse standing ready, and was off like a bird. Though at least one hundred shots were sent after him, he escaped uninjured, and got clear away.

While Aleck Carter was on trial, he confessed that the two mules of which Nicholas Tbalt was in charge, when shot by Ives, were at Irwin's Ranch, at Big Hole, and that he, Irwin and Ives had brought them there. It will be remembered that, besides robbing the coach, Aleck was accessory both before and after the fact of Tbalt's murder. This was proved. That he was a principal in its perpetration is more than likely. He denied all participation in the murder, but confessed, generally speaking, much in the same style as others had done.

Skinner also refused to confess any of the crimes. "Dead men tell no tales" was his verdict, when planning the murder of Magruder, and he it was who ingratiated himself into the favor of Page, Romaine and others, and prompted them to the deed, so that Magruder thought his murderers were his friends, and went on his last journey without suspicion. He said he could have saved him, if he had liked; but he added that he "would have seen him in first." He wouldn't leave himself open to the vengeance of the band. He was a hardened, merciless and brutal fiend.

The same night a detachment of eight men went in pursuit of Rob Zachary, and coming up to Barney O'Keefe's, that gentleman appeared in the uniform of a Georgia major minus the spurs and shirt collar, and plus a flannel blouse. He mistook the party for road agents, and appeared to think his time had come. He ejaculated, withvisible horror, "Don't shoot, gentlemen; I'm Barney O'Keefe." It is useless to say that no harm was done to the "Baron," as he is called. There are worse men living in all countries than Barney, who is a good soul in his own way, and hospitable in his nature. Finding that Bob Zachary was inside, one of the party entered, and, as he sat up in bed, threw himself upon him, and pushed him backwards. He had a pistol and a knife. He was taken to Hell Gate shortly after his capture. The fate of his friends was made known to him, and vouched for by a repetition of the signs, grips, passwords, etc. On seeing this he turned pale; but he never made any confession of guilt. He was one of the stage robbers who actually took the money from Southmayde. Like all the rest, he repeated the pass-word of the gang, "I am innocent."

On the road back the guard had wormed out of Barney that a stranger was stopping at Van Dorn's, in the Bitter Root valley. "No. 84," who was leading the party who captured Shears, asked "Does Van live here?" "Yes," said the man himself. "Is George Shears in your house!" asked 84. "Yes," said Van. "Where is he?" "In the next room." "Any objection to our going in?" The man replied by opening the door of the room, on which George became visible, knife in hand. He gave himself up quietly, and seemed so utterly indifferent to death that he perfectly astonished his captors. Taking a walk with 84, he pointed out to him the stolen horses in the corral, and confessed his guilt, as a man would speak of the weather. He said, "I knew I should have to go up, some time; but I thought I could run another season." When informed of his doom, he appeared perfectly satisfied. On being taken into the barn, where a rope was thrown over a beam, he was asked to walk up a ladder, to save trouble about procuring a drop. He at once complied, addressing his captors in the following unique phraseology, "Gentlemen, I am not used to this business, never having been hung before. Shall I jump of or slide off?" Being told to jump off, he said "All right; good by," and leaped into the air with as much sang froid as if bathing.

The drop was long and the rope tender. It slowly untwisted, and Shears hung, finally, by a single strand. George's parting question, was for a long time, a byword among the Vigilantes.

A company of three, headed by the "old man,"* started off to Fort Owen, in the Bitter Root Valley, in pursuit of Whiskey Bill (Bill Graves, the coach robber). This worthy was armed and on the look-out for his captors; but, it seems, he had become partially snow-blind by long gazing. At all events, he did not see the party with sufficient distinctness to ascertain who they were, until the "old man" jumped from his horse and covered him with his revolver. He gave up, though he had repeatedly sworn that he would shoot any Vigilanter who would come his way. His guilt was notorious throughout all the country, and his capture was merely a preliminary to his execution. The men took him away from the Fort in deference to the prejudices of the Indians, who would have felt no desire to live near where a man had been hanged. Graves made no confession. He was what is called in the mountains a "bull head," and was a sulky, dangerous savage. Being tied up to a limb, the difficulty was to make a "drop," but the ingenuity of the leader was equal to the emergency. One of the men mounted his horse; Graves was lifted up behind him, and, all being ready, "Good-by, Bill," said the front horseman, driving his huge rowels into the horse's flanks as he spoke. The animal made a plunging bound of twelve feet, and Bill Graves, swept from his seat by the fatal noose and lariat, swung lifeless. His neck was broken by the shock.

* Captain Williams, no doubt.

The different parties rendezvoused at Hell Gate, and a company of eight men were despatched to the Pen O'Oreille Reserve to get Johnny Cooper's horses, six or seven in number. They were in poor condition, and were nearly all sold to pay the debts which the road agent had incurred in the country round about the village. The remainder were brought to Nevada. It seems that Aleck Carter and Cooper were about, to start for Kootenai, on the previous day, and that their journey was prevented only by their quarrel about the pistol, which Cooper charged Aleck with stealing, and which resulted in the wounding of Cooper, the delay of their journey, and, in fact, in their execution. A pack animal laden with their baggage and provisions carried $180 worth of goods. These were taken for the use of the expedition; but on a representation made by Higgins that he had supplied them to Carter to get rid of him, but that he had received nothing for them, they were paid for on the spot by the Vigilantes.

There had been a reign of terror in Hell Gate. The robbers did as they pleased, took what they chose. A Colt's revolver was the instrument ever ready to enforce the transfer. Brown, a Frenchman, living in the neighborhood, stated to the Vigilantes, that he was glad to see them, for that robbers used to ride his stock whenever they pleased, and that they always retained possession of such steeds as they especially fancied.

Cooper had determined to marry his daughter, a pretty halfbreed girl, and then, after getting all that he could lay hands on, he intended to turn the old man adrift. He used to go to his intended father-in-law and inform him that he wanted another of those pretty pocket pieces ($20 gold pieces), and he allwys obtained what he asked; for death would have been the instant penalty of refusal. Other parties had supplied Cooper and Carter with money, pistols and whatever else they asked, for the same potent and unanswerable reasons. Any demand for payment was met by a threat to shoot the creditor.

At the conclusion of the trials of Carter and Skinner, a vote was taken by stepping to the opposite sides of the room; but the verdict of guilty, and a judgment of death to the culprits were unanimously rendered.

Cooper was tried separately, and interrogated by Mr. President concerning his conduct on the ''other side." He denied the whole thing; but this gentleman's testimony, the confession of Red, and the witness of the inhabitants rendered a conviction and sentence of death inevitable.

Carter and Skinner were taken to Higgin's corral and executed by torchlight, shortly after midnight. Two poles were planted, leaning over the corral fence; to these the ropes were tied, and store-boxes served for "drops." On the road to the gallows Cyrus Skinner broke suddenly from the guard, and ran off, shouting, "Shoot! shoot!" His captors were too old hands to be thus baffled. They instantly secured him. He again tried the trick when on the box; but he was quickly put up and held there till the rope was adjusted. This being finished he was informed that he could jump whenever he pleased. Aleck seemed ashamed of Skinner's attempt to escape, which the latter explained by saying that he ''was not born to be hanged" -a trifling error.

While on the stand one of the men asked Carter to confess his share in the murder of the Dutchman; but he burst forth with a volley of oaths, saying, "If I had my hands free, you, I'd make you take that back." As Skinner was talking by his side, Aleck was ordered to keep quiet. "Well, then, let's have a smoke," said he. His request being granted, he became more pacific in demeanor. The criminals' faces being covered with handkerchiefs, they were launched into eternity, with the password of the gang upon their lips, "I am innocent." Both died easily and at once. The people had of their own accord made all the preparations for their burial.

Immediately after the execution, the parties were detailed and despatched after Zachary, Graves and Shears. The death of the last two has been recorded.

The squad that arrested Zachary returned between seven and eight o'clock that morning. He was at once tried, found guilty, and sentenced to death. By his direction a letter was written to his mother, in which he warned his brothers and sisters to avoid drinking whiskey, card playing, and bad company, which, he said, had brought him to the gallows. Zachary once lay in wait for Pete Daly and snapped two caps at him; but, fortunately, the weapon would not go off.

Being brought to the same spot as that on which Skinner and Carter were hanged, he commenced praying to God to forgive the Vigilantes for what they were doing, for it was a pretty good way to clear the country of road agents. He died at once without any apparent fear or pain.

Johnny Cooper was hauled down on a sleigh by hand, owing to his leg being wounded, and was placed on the same box that Skinner had stood upon. He asked for his pipe, saying he wanted a pood smoke, and he enjoyed it very much. A letter had been written to his parents in York State. Cooper dodged the noose for a time, but being told to keep his head straight, he submitted. He died without a struggle.

During the trial of the men, the people had made Cooper's coffin, and dug his grave; Zachary was buried by the Vigilantes. The other malefactor the citizens knew better and hated worse.

Skinner left all his property to Higgins, the storekeeper, from whom he had received all his stock on credit. Aleck had nothing but his horse, his accoutrements and his appointments.

Their dread mission of retribution being accomplished, the captain ordered everything to be made ready for their long homeward march, and in due time they arrived at Cottonwood, where they found that X had settled everything relating to Bunton's affairs. At Big Hole they made search for Irwin; but he had fled, and has never been taken. Tired and worn, the command reached nevada, and received the congratulations and thanks of all good men. Like Joshua's army, though they had been rewarded with success, yet often in that journey over their cold and trackless waste the setting min had seen them "Faint, yet pursuing. "