Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-08-20

r. the written word of a man who
took part in the affair is to be accept
ed as authentic. the first legal arrest
within the limits of what is now Mon
tana was made nearly 81 years ago
during the time of the Mullan expedi-
ticn. The arrest. that of a couple Of
strangers in the territory, was made
for horsestealing and took place in
what is now the southern part of Pow
ell county. and il was not until after
suggestions of hanging had been made
that the prisoners were brought into
the presence of Alullan, who sentenced
them to imprisonment and hard labor
for several months.
The story of the arrest is old In
the February IS. 1850. issue of the
Benton Weekly Record. then edited
and published by W. II. Buck. a copy of
which is on file in the Montana his
torical library at Helena. 1t is related
in a COMMUNICATION to the Record
signed "A. A." presumably the initials
of the writer, who had been commits
stoned by Mullan to arrest the thieves
His story is reproduced as follows:
The first arrest within the limits
of this territory, made under shadow
of legal authority, seems to have been
made in December. 1861. The sub
ject was slightly alluded to in the
New Years number of the Benton Rec
ord under the head of "Reminiscences
of the Mullan expedition Upon lnvi-
tation, the writer of that article SENDS
in the following particulars:
In the winter of 1S61-62 | was clerk
in the store of William J. Terry, sutler
to the celebrated War expedition
then camped near the mouth of the
Big RIackfoot river in Missoula coun-
ty One day. about the middle of De-
cember. I was called upon by two
strangers. who stated that they had
inst arrived from Colville and were
on route to Salt Lake City. They gave
their names as Butler and Nliiams,
and requested two or three days ac-
commodation with board and lodging.
As they threw some money In sight.
readily agreed to let them have a share
in the use of the frying pan n layout
uuon the floor. In the course OF nm
their purses became exhausted and !
had n stationery whiskey bill against
them amounting to Sl4.2o.
Said Williams to me one night:
..You're n pretty good fellow and We
don't want TO blk you. We have got
two horses and need but II to pack
our bedding. 1t is a hard matter to
t,to cars Of two animals with the pre-
yailing depth Of snow. We VIII make
Won a present of one if you Will call
the bill square
T READILY agreed to the proposition
and a cay,Ise was transferred to me
and branded with the mark of the firm
7 represented. On the following morn
ing nv " travellers were missing. as
also were my horse and several other
Investigation revealed the fact that
the strangers were two morse lhieVes
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 unorgarized portion OF wash
territory.
] applied to Lieutenant Muiian Tor
rclief. and that gentleman authorized
mo to % after the offenders, arrest
,bcm and hiring them TO him for pun
Three of us, Louis Grand
mo;son (s;ncc killed). William Row
land isince hung and myself destiny
not vet accomplished), started out to
make the arrest.
we left the Big Blackfoot at the
hour of midnight and preceding Deem
her q, 1861. and our departure was
thus made within the shadows Of night
TO assure success to the enterprise. We
deemed it necessary to overtake and
yet ahead of a party of traders (Wil-
liam Kiplinger c. F. Eaton) that had
out the previous day on a
'whoop up" trip to supply the early
settlers Of Deer Lodge valley with
encouragement" for the ap-