The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1935-01-11

Sanders eloquent prosecution COL
lapsed the defense case in a cyclone
OF uncontrovertible evidence.
Judge Byam made no formal charge
to the jury; he merely directed them
to retire to a nearby store for delibera-
tons and to return with a verdict.
Night had fallen on December 81
when all argument was completed. The
jury was out half an hour, returning
with written verdict, signed by % of
the "a men. Only one man showed
timidity and more respect for his own
safety than for the welfare of the camp.
No man failed to hear Judge Byam,
standing in the wagon, as he read the
verdict.
Ives was found guilty!
Silence! None knew what to do next.
Judge Byam held the paper as his
eyes swept the packed ranks before
him. Sanders leaped to his feet. He
had been gambling with death for
three days. He knew it, and his voice
was clear as bell as he continued to
gamble ON that teamwork which had
carried the court thus far in safety.
He moved that the verdict of the jury
be made the verdict of the miners
court assembled. Someone seconded the
motion. Judge Byam, continuing that
perfect teamwork, did not hesitate. He
put the motion. With the light of bon
fires making weird the scene in that
ragged street, a roar of approval echoed
up and down the gulch. The sentence
was approved.
1t was night: The darkness was thick.
Ives friends, stunned to a realization
he stood in the shadow of the gallows,
and that strong case had been made
against themselves, began to regain
their mouthy bravado. They demanded
the release of Ives. They made threats
against Judge Byam and other officers
OF the court. Anticipating this, Sanders
had doubled the guard.
During preparation of the gallows,
the "Innocents" and their friends con-
stantly heckled the court and presecu-
tors and demanded that the "strang-
lers" be killed, and that Long John
Franck, who had turned states evil
dence, be murdered, too. Guards re-
pulsed a rush for the prisoner. The
crowd became leaderleSS mob; any,
thing might happen.
Judge Byam and his court, grimfaced,
watched preparations for the execu-
ton. The judge gave, for the first time
In Montana, the command, Men, GO
your duty!"
Guards shouldered rifles. The crowd
shrank back. Nelson Story and Benja-
min Ezekiel jerked the box from under
Ives. HE is dead" said Judge Byam,
so1emnly, examining the prisoner after
a brief interval. His neck is broken"
Two days later, Dec. %, 1863, the
Vigilante pact was signed by all good
citizens of Nevada and Virginia City.
In six weeks of hard riding and grim
execution the Vigilantes had broken
the power of the road agent "Innocents"
and law and order were in the ascend
ency in Montana.
Some lists purporting to name the
Vigilantes contain DR.. Byam's name,
but he is not registered as having par
tlcipated in any Of the Vigilante exc
cutions. He apparently slipped back
into his niche as just one of the min
ers in Alder Gulch, remaining there
for some years. Little is known of his
later activities there.
Chief Justice Lew L. Galloway says
DR.. Byam was an active Mason, and it
may have been he was one of that
little band of fraternal brothers who
were called together at the request of
H. Bell at Bannack for a Ma
sonic burial in late 1862 or early 1865
1t Is known DR.. Byam lived for a time
m a house at Nevada that he built
and: later sold. to-. orie Fenner. While
under construction this house was used
as a gallows in some of the Vigilante
executions.
DR.. Byam and his family moved to
The Gallatin valley in the late sixties
and located on two ranches on Middle
creek. Seed for the first crops had
been freighted from Salt Lake City at
great expense. Grassshoppers cleaned
out their entire crops two years in sue
cession. It was about this time, accord
ing to Chief Justice Galloway, that
James Williams, Madison county stock
man, who had been captain Of. the
loaned Dr. Byarn a cons'd-
cradle sum of money which was never