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

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 verdict.
Night had fallen on December 81
when all argument was completed. The
jury was out half an hour, returning
with a 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.
Silencel 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 gllIch. 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. DO
your dutyl"
Guards shOuldered rifles. The crowd
shrank back. Nelson Story and Benia-
min Ezekiel jerked the box from under
Ives HE is dead" said Judge Byam,
examining the prisoner after
, brief interval 'His neck is broken"
Two days later, Dec. Is, 1853, the
Vigilante pact was signed by all good
sittzens Of Nevada and Virginia City
IN six weeks Of hard riding and grim
execution the Vigi1antes had broken
he power of the road agent 'Tnnocents'
and law and order were Ia the ascend |
sncy in Montana.
Some Lists purp0rting TO name the |
Vigilantes contain Or. Byam's name,
,ut he Is not registered rs having par
acipated in any Of the VigfIante exc
buttons. He apparently slipped back |
ntO his niche as Just one Of the min /
rs In Alder Gllch, remaining there |
Tor some years. Little Is known OF his /
alter activities there.
Chief Justice Lew L. Galloway says |
Dr.. Byam was an active Mason, and it |
nay have been he was one Of that
title band of fraternal brothers who |
we're called together at the request Of
William H. Bell ct Bannack for a Ma
'onic burial in late 1862 or early 1855
I Is known DR. Byam lived for a time i
n a house at Nevada that he built /
md later sold TO one Fenner. While
lnder construction this house was used 4
IS a gallows in some Of the Vigilante
Executions.
Or. Byam and his family moved tc
he Gallatin valley in the late sixties
md located on two ranches on Middle
reek. Seed for the first crops had
leen freighted from Salt Lake City at
ueat expense. Grassshoppers cleaned
lut their entire crops two years ia sue
ession. IT was about this time. accord
ne 70 Chief Justice Galloway. that
lanes Williams. Madison county stock
nan. who had been captain 81 the
liailantea. loaned III. HyaD 8 oons'd-
zable mmn a neney which was never i