Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1935-01-05

Ives trial impended. AT any rate there
seems to have been little or no ques-
ton as to who should preside on that
occasion, which was destined to turn
the tide Of history in Montana's noun
tain camps.
That only man Of deep convictions
devotion to principles Of good citizen
ship, and possessed Of courage Of un-
usually high caliber, could have held
the crowd, which had all the attrib-
utes Of a mob, during the Ives trial,
can be realized by pictuing the scene.
The murder Of Nick Thiebalt, young
German, had led to the arrest of Long
John Franck, who charged Ives with
the crime. The arrest, attempted es-
cape and recapture Of Ives and the
trip TO Nevada for trial after several
other subterfuges had failed are story
that need not be told here.
The trial was to be at Nevada, three
miles below Virginia City, starting
Dec. 10, 1858. Don L. Byam, miners
judge Of Nevada, was to preside, and
Judge Wilson Of Junction was to share
the bench with him, due to the impor-
lance Of the case at bar Wilbur F..
Sanders, young attorney and nephew Of
Sidney ]. Edgerton, afterwards first
territorial governor, was to prosecute.
A Jury Of miners was to hear the eVi-
dence and render q verdict. But every
one of the hundreds Of men took for
granted the right to interJect comment,
observations, protests, or questions at
any time.
The courtroom: The street of reg
ged, rough frontier village; honky-
tonks and saloons were the walls; the
floor the street, Uttered with mining
paraphernalia. Two high-wheeled wag
ons were the dais for court and coun-
sci, prisoners dock and witness stand.
A semicircle Of benches for the jury.
A fire in the area between court and
jury for warmth, fueled from the wood
pile Of some unlucky nearby resident.
The narrow street, ice covered, was
packed with miners who had deserted
their claims for the duration Of the
trial. Not all present were In sympathy
with law and order Ives fellow mem
bers Of the ~Innocents" Plummer's
road agent band), the gamblers, saloon
keepers and hangers-on at places Of
questionable character, regarded Ives
IS good fellow" Guns on shoulders
or In belts, these men milled about !
the scene. They would be q rather
tough crowd to handle.
With no established government, no
constituted authority and no public
servants clothed with responsibility ana
authority, the entire crowd must have {
q hand, and this mass procedure was
cumbersome and slow. After hours OF
pickering the matter Of colmesl was
settled. After more pickering jury OF
"a men-12 from Nevada and II from
Virginia City-was selected.
A Gordon Of guards, selected by Judge
Byam, Tom Williams and others on the
side Of Justice and social order, was
thrown about the court. Outside this
armed circle 500 men, an armed and
ready 10 shoot, nnilled about. Were the
numbers In favor OF justice preponder-
ant, OK would these men become ar
outlaw mob2 No one could guess.
Sanders and his associate, Charles 8.
Bagg, paled up overwhelming evidence
against Ives. duplicating him in many
crimes other than the murder of The
halt. Meanwhile, Ives friends milled
through the crowd. staggering, shout
ing objections to the court and threat
ening dire vengeance should Ives be
convicted. AS their own names were
drawn into the testimony, however, they
wilted and faded into the background
to circulate rumors intended to incite
mob action
Judge Byam. Sanders. Bagg and Tire
resolute little force conducting the trial
knew their own lives would be the
penalty should they falter at any point.
for bringing Ives and probably Others
to justice In the face of the organized
power Of the outlaws gang whose
personnel was suspected but not defi-
nitely known. They knew that any mis-
carriage OF Justice. a sudden flare OF
mob hysteria such as had previously
served the "Innocents, might place The
outlaws ia undisputed control Of The
territory. with the resultant murder of
all men known 10 favor social order
Ia the camps.
ne was q moment 20 ave the mosf
intrepid u men. But their oetermina
lion wmvured not a hairs breadth.