The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-09-08


copied % authentic, the first legal
arrest within the limits Of what Is
now Montana was made nearly 81
years ago during the time of the Null
Ian expedition. The arrest. that OF
q couple of strangers in the terri
tory was made for horsestealing and
took place in what IL now the south
ern part of Powell county, and 1t was
not until after suggestions of hang
ing had been made that the prison.
ers were brought into the presence
Of Mullan, who sentenced them to
Imprisonment and hard labor for sew
eral months.
The story of the arrest is told in
the February Is, 1880, issue Of the
Benton Weekly Record. then edited
and published by w. H. Buck. a
copy Of which is on file in the Mon
tana historical library at Helena. 1t
is related in q communication to the
Record signed IA. A." presumably
the initials of the writer. who had
been commissioned by Mullan, to ar
rest the thieves. His story is repro
duced as follows:
The first arrest within the limits
of this territory, made under shadow
of legal authority, seems to have
been made in December, 1851. The
subject was slightly alluded to in the
New Years number of the Benton
Record under the head Of "Reminis-
cences of the Mullan expedition" Up
on invitation, the writer of that art
icle sends in the following particu-
lars:
In the winter Of 1s61-e2 was
clerk in the store of William ]. Terry,
sutler to the celebrated "War expedi-
tion," then camped near the mouth
Of the Big Blackfoot river in Mis-
soula county. One day. about the
middle of December, was called up
on by two strangers, who stated that
they had Just arrived from Colville
and were en- route to Salt Lake City.
They gave their names as Butler and
Williams, and requested two or three
days accommodation with board and
lodging. AS they threw some money
in sight, I readily agreed to let them
have a share in the use of the frying
pan and layout upon the floor. In
the course Of time their purses be-
came exhausted and had a station
cry whisky bill against them amount
ing to $14.25.
Said Williams to me one night:
you're a pretty good fellow and
we don't want to blk you. We have
got two horses and need but one to
pack our bedding. It is hard mat
the prevailing depth Of snow. We
will make you present OF one II you
will call the bill square,"
readily agreed to the proposition
and a cayuse was transferred to me
and branded with the mark of the
firm represented. On the following
morning my two travellers were mis-
sing, as also were my horse and sew
eral other things.
Investigation revealed the fact that
the strangers were two horse thieves
and had departed for Deer Lodge.
There was no sheriff on hand to send
in quest of the fellows, because west
ern Montana in those days was as yet
but an unorganized portion of Wash
ington territory.
applied to Lieutenant Mullan for
relief, and that gentleman authorized
me to go after the offenders, arrest
them and bring them to him for pun
ishment. Three Of US, Louis Grand
maison (since killed), William Row.
land (since hung) and myself( des-
tiny not yet accomplished), started
out to make the arrest.
We left the Big Blackfoot at the
hour of midnight and preceding De-
cember 81, 1861, and our departure
was thus made within the shadows of
night to assure success to the enter
prise. We deemed it necessary to
overtake and get ahead of a party
Of traders civilian Kiplinger c. F.
Eaton) that had started out the pre-
vious day on "whoop up trip to
supply the early settlers of Deer
ment" for the approaching holidays
ahead of our intentions.
The young dawn Of December q
revealed the presence of the traders
at the foot of the Big Grade on thu
banks of the He'll Gate and we slit
down to their camp for breakfast
OF course they Opened out" and W
agreed to travel in company. 1t wa
q very cold day. this 22nd one o
December, and we stopped frequent
~ to warm up" After we had eros
sed the Medicine Hill, the mind com
menced blowing furiously and Bill
Rowland and myself concluded t
ride ahead and If possible reacl
Dempsey's on Flint creek for tn
night. It being deemed impossible
for the whole crowd to advance tina
far, we took our pack horse aloni
with us. Cat this point it may be ne
cessary to state that this sketcl
would not be drawn out to its length
were it for for the fact that most 0
the characters concerned are oil
residents of Montana and the sketcl
may be credited with some interes
on account Of old times.)
Bill Rowland was a desperate fel
low who had gained notoriety on tn
overland route. Whisky and the col
air worked upon his temper and whel
in the Flint creek hills the pack be
came loosened on the lead horse b
dismounted and, drawing Bowl
knifA rinned omen the horses belly