New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-14

when ne SODefed up nc Wouiu hiN"S'
these little affairs and it cannot he said thht 'nfy
had thrown him into any great prejudice WIN '"'
miners 1t had been observed and quietly CUM
nented upon after the occurrence oil SOM PM
ticularly big and atrocious outrage, that fiu"'"
was away from Bannack just at the l''''''
hour: but that. of course, did not go far toward
proving anything ,,.o.o
Whore Ives sbould be tried and how were
troublesome questions. The committee wv
feel strong enough TO proceed without rieie"o.
to the miners around them. They were aii"' e..
q rescue. Their number was only twen'y-hNe'
They knew Ives could muster at least 2oo lr'en','
Their plain course, therefore, was 10 WIN o''' -
great body OF the miners 10 their sac iHr'
tool, ballot whether they should convey i'o9 -
Virginia or try him in the lower to"h' ~
sircIe vote IL was decided to hold him where ne
was. They then called the assembled cro"u ~
order. II was a remarkable scene. rll'ecn "u1
dred men, great, rough-beardeu leiu"9,
OF hue and big of muscle, sat IN slnHc -
spread group upon the mountain SLOPE "
a bright, clear winter morning. Inc noui'''''.'
were bare and Gaunt. and their rocky III
lort majesty to a scene that did not lack soiem-
nifty of its own. The uncovered sun selO INV"
a glare of warming light and the atmosphere was
still and peaceful. Children played III the gum
for tbero wore some children even there. All
work in the diggings was suspended. Cro"u' ~
peonle came down from Virginia Frlnglng the
border of the great group there were li''ic Iiu~
ters of women. mostly courtesans, dressed in
eaudy skirts and blouses and intensely SSN
tbatic for the prisoners. The miners themselves
were generally severe Of aspect. lhcS W" -
Tho bnmor for the business before them. Knives
half
marks were made. not too loudly, for every ma n
felt that ne tool, his life in bis own hands ny
door,ir, Ives 10 the cnllows:~but made silently
and grimIv. indicating that they were gong 10
give the accused simple justice, no more anu no
less
Il was discovered while the prcliniinaries were
heinr arranged that the prisoners frlehds Hdu VIZ
ploved every lawyer living in the TWO c""l''
and for a time the committee were al JOSS "
know how or by whom their case shouu ~ P
sented. Some one happened TO remember Pi".
Colonel Wilbur F. Sanders, prominent lawyer u
Rannacl1. was visiting Virginia on business an"
the Colonel was sent for He had already oeaH
offered a retainer on behalf OF Ives, but hau -
clined it. aud when found was just about SUP
ming into the coach 70 go home. l@lhg lnlolni' -
~ the committees predicament he Willingly con
sented 10 serve them lie was then as re i now
. tall sharp-fcaturcd, cear-hcaded man. utterly
fearle,s and audacious. lie bad served TWO years
in the army and was used 10 leadership Ho
olie,lv possessed himself Of the facts IN the CASE
and took his place in a wagon-boN, where luuEt,
prisoner and lawyers were accommodated Ia luIi
view of the multitude.
At once a discussion arose about the lawyers.
Many Of the miners protested against lawyers III
general and against Ives's lawyers IN particular
They said he had killed the Dutchman or he
hadn't. If he had, he must hang If he hadn l.
nobody wanted TO hurt him. They dldh L
want any lawyers to quIbbie ana TAX,
and quote from books that nobody cared
about. The lawyers were there b keep back the
facts and 10 bother and confuse the people, ana
they didn't want no nonsense TINS view
seemed 70 he highly popular. and the more Ives
LAWYERS and friends talked against 1t the more II
gained in popularity. Al last Colonel Sanders 5
opnion was called for. lie SAID he was personally
Indifferent 10 the decision they rendered. lie
was willing to represent the people If they Wancd
him bur if they didn't he was more than content
lie thought they ought 20 decide the question IN
view of what would be their feeling when the
ease was ended. II Ives found guilty and
hanged would they feel satisfied at having denied
him the benefit Of counsel? wouldn't il be Tor
ever urged against them that they had lynched
n man without giving him fair chance 10 prove
his innocence? If. on the other hand. he was
shown TO be without guilt, wouldn't they feel
better that they had had the case presented &C
cordinu 20 the law Of the land , This temper
ate speech had an immediate effect. Ives was
allowed his lawyers. Then the question arose
as 70 the Jury. H. too was settled upon Colonel
Sanders's suggestion. The case WAS likely 70 be
a long one. and he doubted if the whole camp
would have the patience TO sit by and hear 1t
through. lie proposed a jury Of twenty-four
men, 10 be regularly drawn, but open 10 exam
nation and challenge, who should hear all the
evidence. listen 10 the speeches and make re-
port 10 the camp rs 70 the prisoners guilt or IN
noccnce and the appropriate punishment If guilty
the camp reserving final judgment u itself.
The case then began. Colonel Sanders called
the man who mad found "Dutchy's4 body. He
told his story fully and we'll; how he came 10
find it; how be knew the body 10 be Dut 'hy'''
how il had been fully identified; where the bullet
hole was how hc saw the marks Of a fine lasso
around " Dutchy's7 neck. and saw the trail along
which he had been dragged. still bleeding from his
wounds into the bushes that had marked his
muddy tomb The employer of "Dutchy7 was
brought forward 10 tell about his errand 10 the
ranch. Then Long John told the main story.
Long Johns confession was made in fear OF
punishment and in hope OF reward lie had been
promised free rope to death il he did not tel
and free horse 10 Utah if he did Perhaps TIE
Court Of Appeals of q civilized State would never
have permitted a murderouS outlaw u he hanged
in such shocking violation of the rules But
these hardhcadcd miners were not disturbed
about rules. and Long Johns story went
They actually permitted evidence 70 he given
proving that Ives was guilty Of other crimes than
the one for which he was being tried His law
yc-s ragged and painted, got wind and IT ged again.
They said Ives was being " railroaded,7 phrase
frequently heard, l believe, during the famous
DOODLE trials in Ncw-York. They quoted at
crnnt lon 9Th from hlc hnnl.. hut Cnlnnel SAnlers