The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-11-29
TRIAL OF GEORGE IVES
FAMOUS MONTANA CASE
STORY TOLD BY PIONEER WHO
TOOK PART-eREAT SPEECH
OF COLONEL SANDERS.
(By w. Y. Pemberton, of Butte.)

| (By w. Y. Pemberton, of Butte.)
The late lamented and greatly loved
DR.. w. l.. Steele was the first miners
judge in Alder gulch. 1t was before
his court that Hayes Lyon and Buck
Stinson were tried and convicted OF
killing Dillingham; and sentenced to
be hung. They appealed to the min
ers in mass meeting and their sent
Ell ces were reversed. They escaped,
Only to be afterwards caught and
hung by the vigilance committee.
The first great murder trial before
miners court in this country was
the George Ives trial. And truly 1t
was great trial. Don l.. Bryan was
the Judge; the main street of the town
oil Nevada, in Alder gulch, was the
court room; George Ives was the note /
defendant; Colonel w. F.. Sanders and
Major Charles S. Bags prosecuted in
behalf of the people. Alex Davis, ]. M.
Thurman and H. p. A. Smith defended.
consisted of twenty -four sturdy min
ers; the trial was public.
| Ives was not tried by the vigilance
committee as many enormously sup
posed. He was tried and executed
before the organization of the vigi-
lance committee. w. III. Patten and
1 were selected to write down the
testimony of the witnesses. The
Judge sat in a wagon The jury sat
| in half circle around a big log fire,
for it was cold-it was about the
Goth of December, 1863. The prisz
oner, Mr.. Patten and myself were
within the half circle. Hundreds of
determined men stood around the
court and the jury during the entire
trial, which lasted two or three days
Was Epoch Making Trial.
said 1t was great trial. 1t was;
it was grand court. There were
no paraphernalia or insignia of office
to impress and awe the beholder
there. But surrounded by the snow
open street in mid winter, no court
ever had more vital questions put to
1t than the one presided over by that
grand old bearded man, Don L, Byam
Crime was rampant Robbery and
murder had become common crimes
committed by men whose duty it was
to protect the lives and property OF
the people. A great crisis had arisen
in the history of the people strug-
Cling for life and fortune in their new
found home. The lawless cut. Threats
had rendered the issue as 20 whether
the people should live and enjoy the
fruits of their discovery and labor
Here in this great trial before this
grand court, the people had accepted
the issue thus rendered
1t was a royal battle. The result
was by no means certain 1t was a
debatable question whether the law
less or law-abiding were in the ascen-
dency. This was to be determined
IN this wonderful trial. Both ele-
ments were in their force: both de-
termined; both armed. But as the
battle waged the friends of law and
order gathered strength and complet-
ed to some extent the organization OF
their forces. You could look into the
eyes and faces of the honest people
as they stood guard around that court
and jury. sitting out in the street
under the cold blue heavens and read
the thoughts that filled their souls.
You could discover their determine
ton to see justice done, though the
heavens should fall. This resolution
and determination having been taken,
the battle was won. Lawlessness,
assassination murder, crime, however
these resolute and invincible men
who were fighting for their lives and
homes.
Verdict Was Unanimous.
At the conclusion of the able and
eloquent arguments of counsel, the
jury retired. Mr.. Patten and l were
carried along by the jury so that in
the event of any dispute as to the ties
timony, we could refer to our notes
We were placed in the corner of the
large jury room of log cabin, and
the jury proceeded to ballot. There
was but one ballot-"Guilty of muir
der charged" 1t was unanimous, it
was right. it was just. BY another
ballot the jury fixed the death pen
atty; by the law and practice of those
courts the jury named the penalty
Ives was hung. Law and order had
achieved great and everlasting VIC
tory; for the first time life and prop
erty were rendered safe and secure
in these mountains.
have purposely avoided giving the
facts and circumstances of the hon.
icide which Ives was convicted. These
are all matters of history. fhey
were demanded by the necessities of
the times The people, in their ex-
ercise Of their inherent right to the
protection Of life and property, Gre
ated them. They served a necessary
and noble purpose. When the condi-
tons and circumstances were chang
ed, and there was no longer a neces-
sity for their existence, they passed
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