Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1928-06-08
(By MRS. NJ. Il. PLASSMANN)

1T IS a significant fact that the vigil
lantes of Montana. at the first oppor-
Il tunity, proved their willingness to turn
over criminals to be dealt with by the
civil authorities. By this action they
demonstrated to the world that their or
ganization was the result Of there being
no properly constituted courts at the
time of its formation which could be
called Upon to protect life and property
The v~igilantes respected law and sought
to uphold 1t, yet their first effort IN this
direction was destined to be thwarted
by no less a person than the acting gov
ernor, who was better acquainted with
matters military than with law.
In a quarrel over a card game a man
named Daniels, who had recently come to
Helena, stabbed and killed another man
named Gartley. On learning of the muir
der, the vigilantes, acting in place OF a
n~on-existing police force, captured Dan
iels only to release him to the civil arm
of the territory that was just beginning
to function.
This man Daniels, according to no less
an authority han N. P. ~Langford, was
in every sense an undesirable citizen,
who would have received short shrift
from the v~igilantes a couple OF years
earlier. He was said to have killed a man
"a 1AA&t tsANA oAAta ~ t@
Perhaps this may have been his reason
for a change of residence.
Associate Judge Munson had called q
jury to act upon crimes against the gov
eminent. John H. Shober had been APP
pointed district attorney for the terri
tory by Governor Edgerton, but he did
not represent the federal government.
In an article on the Daniels case, writ
ten by James U. Sanders. he says: THE
question of submitting the case of Dan
iels to a grand jury called to consider
crimes against the United States only
was considered and Mr.. Shober, then a
young lawyer, did not unduly press the
rights of the territory Of Montana in the
matter. and the weight of opinion led
Judge Munson to the conclusion that the
case was cognizable on the United States
side OF the court as was said in terri
torial days, on the proposition that all OF
his region was regarded as indian coun-
try, under the act Of congress OF June
80, 1884, and while within the boun-
daries of Nebraska territory was not un-
der the jurisdiction of that and subse-
quent territories until the indian title
to he land was extinguished."
Supported by this legal opinion, the
grand Jury indicted Daniels for murder
in the first degree. When the case was
brought to trial, Judge William Chuma-
sero acted as prosecutor, in place OF Ed
ward B.. Neatly. who had gone east to
see to the printing OF the laws passed
the previous year. Judge Chumasero as
ISOLATED with him in the prosecution
the territorial district attorney, MIR. Sho-
Der, possibly thinking the case OF right
belonged to him. Judge w. Y. Pember-
ton, acted as attorney for the defense.
A change of venue was secured to
Madison county n there the legal bat
tie was fought, with no quarter given.
Whether politics had It's influence on the
verdict. 1t is difficult to say; but when
we recall the bitter strife then waging
between the different factions, due to
the civil a we are safe In assuming
that party feeling entered into what later
took place. However that may be, Dan
iels was found guilty of m~anslaughter,
sentenced to three years in the terri
torial prison, and fined $1,000.
The prison being in Virginia City, 1t
was there the murderer was sent. We
may take 1t for granted the territorial
prison was a more secure place or con-
for criminals than the early
jail In that city. or Daniels could easily
nave found his way out in less than
three days.
Judge Pemberton apparently had no
confidence in his clients skill as a jail
breaker, n realizing If he was to regain
his liberty other means must be essayed.
circulated a petition for Daniels pardon,
which received many signatures OF citi-
zens and also OF some Legislators. II was
then taken to the acting governor,