The circle banner. [volume] (Circle, Mont.) 1914-1939, 1922-09-15
PEMBERTOM ONE OF BRILLIANT
GALAXY OF PIONEER LAWYERS
OF EARLY DAYS DIM MONTANA

Judge Pemberton, who died this
month in Missouri, was born at Nash
Vile Tennessee, June 1, l84l, sol
of William and Martha Brooks
Pemberton. Judge Pemberton grey
UP in Missouri, attended public schools
the Masonic college at Lexington, Mo
and graduated LIB. from the Cum
berland university law school at Le-
banon, Tennessee, in 1851. For abou
a year ne practiced law in Missouri
and in 1863 he arrived at Virginia
City, Montana. He was one of the
few college trained and regularl!
qualified lawyers in that pioneer
mining camp.
Aided to Establish Law
In the work of bringing about Law
and order and a system of civil gov
eminent under the auspices of the
territory of Montana, Judge Pember-
ton played a notable part. In 1865
he moved to Helena, then only min
ing town, and practiced law there for
several years. In 1858 he went back
to Missouri, and he also practiced as
a lawyer in the state of Texas. Judge
Pemberton located at Butte in 1880
and since 1909 has again resided at
Helena
He was elected district attorney of
the West Side district in 1882, and
prosecuted cases arising from most of
the counties of western Montana. He
was reelected in 1884. In 1891 he
was appointed district judge of the
second judicial district and about a
year later elected and qualified for
the highest position in the state judi
ciary. chief justice of the supreme
court. He began his duties January
/, 1893, and served until 1899.
Large Law Practice
After retiring from the bench,
Judge Pemberton looked after the
interests of a large clientage, includ-
ing some prominent corporations.
Since June, 1909, however, he has
given his entire time and attention
to his duties as librarian of the state
historical and miscellaneous library
at Helena Judge Pemberton has
been one of the prominent democrats
of Montana from territorial times to
the present. He is a Knight Templar
Mason and is a former president of
the Society of Montana Pioneers.
Judge Pemberton was an infant
when his parents died in Tennessee
and he knows little of his ancestry
His grandmother on his mothers side
was Powell. whose father was at
Yorktown under Washington at the
close of the revolution.
Made Montana History
Judge Pemberton left Bannaek for
Virginia City shortly after Bill Fair
weather had made his find of the
rich placers of Alder gulch. He had
won his passage across the prairies
by driving bull team. In Virginia
City he set up an office and began
lantes were organized for the exter-
mination of Plummer and his band |
of robbers, he cast his lot with the
law and order element, and at the
trial of George Ives, Plummer's lieu
tenant, acted as reporter for the
miners court which adjudicated Ives
guilty and fixed his punishment at
death.
The sentence was Immediately car
ried out. Ives body had been cut
down from the impoverished scaffold. |
His friends, highwaymen and their |
sympathizers, talked reprisals Will
bur F. Sanders, who conducted the
prosecution, and insisted on the i'm
mediate execution of the arch-mur-
derer, was marked for death. Ru-
mors of the intention of Ives friends
TO do away with Sanders reached his
friends from several sources.
An hour after Ives body had been
Judge Pemberton happened to be
standing in the shadow back of one
of the miners cabins in Nevada City. |
A group of men, whose actions dur
ing the execution of Ives demon
strated their sympathy for the first !
Vigilante victim and marked them as |
Plummer's men were nearby. They
could not see. Pemberton. They were
discussing the execution of Ives.
They were half full of barbed-wire
whisky, and talked unfortunately. |
Sanders name was mentioned.
Threatened Sanders Life
1--WE must get rid of that
Sanders" said one. ''He is the leader |
of these devils. But for him George
Ives would be alive this minute. If |
he lives the lives of every one of our
gang is in danger"
'Yes,'' said another, "and we must
do it right away. He is altogether |