The Ronan pioneer., 1917-11-16
EARlY DAY COURTS AND JUDGES; FIRST GREAT
TRlAL WAS THAT OF GEORGE IVES, E40@MvvA IMAM
(By William Y. Pemberton. }

ed of killing Dillingham; and SEN
fenced to be hung They appealed to
the miners in mass meeting and their
sentences were reversed. They es-
capped, only to be afterwards caught
and hung by the vigilance committee.
The first great murder trial before
a miners court in this country was
the George Ives trial. And truly it
was great trial. Don l.. Byam was
the Judge; the main street of the
town of Nevada, in Alder Gulch, was
the court room; George Ives was the
noted defendant; Colonel w. F. San
ders and Major Charles S. Baggs pre-
secuted in behalf of the people. Alex
Davis, j. M. Thurman and H. P. A.
Smith defended The charge was
murder. The jury consisted of twen-
ty-four sturdy miners; 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. H. Patten and
l were selected to write down the
testimony of the witnesses The
judge sat in 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 pris-
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 EpochMaking Trial.
/ said it was a great trial 1t was;
it was a grand court There were
no paraphernalia Or insignia or office
to impress and awe the beholder
there. But surrounded by the snow
covered mountains, sitting in that
open street in midwinter, no court
ever had more vital questions put to
it than the one presided over by that
grand old bearded man, Don l..
Byam. Crime was rampant. Rob-
berry and murder had become COM
mon crimes committed by men whose
duty it was to protect the lives and
property of the people. A great cris-
is had arisen in the history of the
people struggling for life and for
tune in their new found home. The
lawless cut-throats had rendered the
issue as to whether the people should
live and enjoy the fruits of their dis
covery and labor. Here in this great
trial before this grand court, the
people has accepted the issue thus
rendered.
It was 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 COM
pleted to some extent the organiza-
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 fill
ed their souls. -. You could discov-
er their determination to see
justice done, though the heavens
should fall. This resolution and de-
termination having been taken, the
battle was won. Lawlessness, :.ssas-
sination, murder, crime, however
we'll organized, could not withstand
these resolute and invincible men
who were fighting for their lives and
homes.
Verdict Was Unanimous.
At the conclusion of the able and
al %~
jury retired. Mr.. Patten and / were
carried along by the jury so that in
the event of any dispute as to the tes-
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 mur-
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.
I have purposely avoided giving
the facts and circumstances of the
homicide of which Ives was convicted.
These are all matters of history. They
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-
tions and circumstances were chang
ed, and there was no longer neces
sity for their existence, they passed
away, leaving behind them a record
which entities them to the everlast-
ing gratitude of the people.
| The execution did not at once abb
solutely demoralize and disorganize
the lawless element-they were in
clined to reser. and avenge his death.
l can never forget how things looked,
and 1 recall many incidents that oc-
Cured in the little town of Nevada
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