The circle banner. [volume] (Circle, Mont.) 1914-1939, 1920-05-21

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2 Dillingham; was standing close BY
r the impromptu hall of justice, wher
the three road agents came up. eve
want to see you," said Haze. Stin
7 son walked a pace or two ahead Of
r the others. Haze was on one side
! and Forbes was behind. Bring hin
, alongi Make him comet" said Buck
, Stinson, half turning and looking
, over his shoulder. They walked or
about ten PAGES, when they all. stop
ped, and the three faced towards Dill
, lingham. d. you! Take back
: those lies," said Haze, and instantly
, the three pulled their pistols and
fired, so closely together that eye
/ sight was surer evidence of the
number of shots discharged than
hearing. There was difference
? however Haze fired first, his ball
taking effect in the thigh. Dilling-
ham put his hand to the spot and
groaned. Buck Stinson's bullet went
over his head; but Charley Forbes
shot passed through his breast. On
receiving the bullet in the chest, Dill
bingham fell. He was carried into
a brush wakiup and lived but a very
lSuOTL Llmo.
Gallagher Protected Murderers
Jack Gallagher, being deputy sher-
liff, settled the matter very neatly
and effectively for his friends. He
rushed out as per agreement, took
their pistols, putting them together
and reloading Buck Stinson's so that
no one knew (that would telI whose
pistols fired the fatal shots. The
men were, of course, arrested. Red
tape is an institution not yet intro
duced among miners. A captain of
the guard, elected by the people, and
a detail of miners, took charge of the
prisoners, who were lodged in log
building. A peoples court was Or
ganized and the trial commenced.
James Brown and H. P. A. Smith
were in favor of a trial by twelve
men, but E. r. Cutler opposed this
for he knew that the jury would have
been empaneled by road-agent sher-
lift A vote was taken on the question
by "ayes'' and "noes," but this fail
ing, two wagons were drawn up with
an interval between them. Those in
favor of trial by jury of twelve
went through first. Those who pre-
ferred a trial by the people traversed
the vehicular defile afterward. The
motion of jury for the whole pre-
vailed. Judge G. G. Bissell was ap
pointed president, by virtue of his Of
flee. He stated that it was an ire
gular proceeding, but that if the
people would appoint two reliable
men to sit with him, he would carry |
it through. This was agreed to, DR.. |
Steele and DR.. Rutar being chosen as
associates. Three doctors were thus
appointed judges and, naturally, dir
ected the medicine talk" on the sub
ject. E. R. Cutler, blacksmith, was
appointed public prosecutor, Jem
Brown was elected assistant; Judge
H. P. A. Smith was for the defense,
and the whole body of the people
were jurors. We may add that the
jury box was Alder Gu1ch and that
the throne of justice was a wagon
drawn up at the foot of what is now
Wallace street.
Attempt to Release Prisoners
The trial commenced by the indict-
ment of Buck Stinson and Haze
Lyons and continued till dark, when
the court adjourned. The prisoners
were placed under strong guard at
night. They we're going to chain
them, but they would not submit.
Charley Forbes said he would suf-
fer death first" This (of course?)
suited the guard of miners, and quick
as flash down came six shotguns in
a line with Charley's head. The OPP
inion of this gentleman on the sub
ject of practical concentration under
went an instantaneous change. He
said mildly, "Chain me-" The fet-
.ers were composed of light logging
chain and padlocks. All was quiet
Turing the rest of the night; but {
Haze sent for a leading citizen"
who, covered by the guns of the
guard, approached and asked him :
What he wanted. why" said he, II
want you to let these men off, / am
he man who killed Dillingham;.
anne over to do it and these men are
innocent. 1 was sent here by the
'est men in Bannack to do it." Up
N being asked who they were, he
amed some of the best citizens, and ]
hen added, Henry Plummer told
ne to shoot him." The first half of
he statement was an impossible
alsehood, many of the men knowing
othing of the affair for several days
fter. The last statement was exact
true.
Prisoners Adjudged Guilty
After breakfast the trial was re-
lined, apd continued till near noon.
he attorneys had by this time fin
he'd their pleas, and the question
as submitted to the people. Guilty
: not guilty?" A nearly unanimous
,rdict of guilty" was returned. The
lestion as to the punishment to be
flicted was next submitted by the
esident and chorus of voices from
parts of the vast assembly shout
Hang them!" Men we're at
zee appointed to build scaffold
d dig the graves of the doomed
iminals.
In the meantime Charley Forbes
al went on. An effort was made to
We Charley on account of his good
,ks and education, by producing
lily loaded pistol, which they prov
(?) was his. 1t was, however,
ok Stinson's and had been 'tset
hit" by Gallagher. The miners had
weary, and many had wandered
when the question was put; but
own mastery appeal, which was
~ ho o%R -