Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1937-10-23

J VlOlhtOu OF LuG laws auu SbasutSe
! pertaining thereto.
It appeared that the two men fol
whom the sheriff had come had mort
gagged their team and wagons TO raise
money with which to make the trip,
and then had started on the trip
driving the mortgaged team TO the
mortgaged wagon as their only means
Of getting TO where they wished to go.
There were three lawyers in the party
and upon them Colonel Bierce called
to decide whether the DeadWood
sheriff was possessed Of authority to
take the men back with him.
Deadwood was supposed at that time
to be in Montana by lot of people,
the three lawyers among them. Acting
upon that supposition the attorneys
agreed that that being SO, the two men
had violated no law, because under
the law they had right to take the
mortgaged property any place in the
state or territory in which it had been
mortgaged and without let or hind
rance The two prisoners, however,
proved to be men of honor. They re-
fused to take advantage Of this loop
hole and said they would return with
the sheriff.
It was by this time late in the af-
ternoon, and the officers decided to
remain in the camp Of the arg0nautS
over night and start back with their
prisoners in the morning. They left
accordingly early the next morning
with the prisoners driving the wagon
in which they had made the outward
trip and the two officers riding be-
hind them on horseback. All were well
armed, the prisoners being allowed to
retain their guns.
The four were hardly out of sight of
the camp before they were attacked
hu indiana The cbcrifF uToc KflfpH nv
the first volley. The deputy and the
prisoners ran, the chase being wit
messed by members of the expedition
who, when the first shots were fired,
rushed to the top of the hill over
which the four had only recently
Travelled out of their sight, and from
where they could see the trail ahead.
The deputy was shot from his horse
by the fire of the pursuing Indians.
The two men in the wagon had better
luck. They both laid in the bottom Of
the wagon box, and while one drove
the team at dead run, the other
kept the Indians back by a whitening
fire from his protected position in the
back end of the wagon.
The Indians then gave up the chase
and turned to attack the camp. Eight
or 10 Of them who tried to drive off
the livestock of the gold hunters were
beaten off. The members of the ex-
petition then ran their wagons into |
q circle and took off the inside wheels,
giving them a barricade which reached |
clear to the ground and from behind |
which they fought with such ferocity |
that the Indians became discouraged !
and went away.
At 10 O'Clock that night a posse ar
rived from Deadwood. The saddle |
horses Of both the sheriff and his |
deputy had run all the way to town |
and when they and their bloodstained /
saddles we're found, a posse of so men /
was formed and rode to be Of assist
ance to the officers The bodies of the
sheriff and his deputy were recovered
and given burial. When the posse re-
turned to Deadwood, 81 of the gold
seekers returned with them, among
hem 10 of the women.
The expedition remained one more
lay in camp on Redwater creek, then
started west for the Big Horn on the
I'D military road which ran through
hat section. A group Of three were cut
IF by the Indians while prospecting,
wo Of them being killed outright and
he other fatally wounded, although
lie managed to reach camp before
lying.
While the expedition was camped on
Powder river, near Fort Phil Kearney,
detachment of soldiers came along.
The lieutenant in command knew
Iyons. They had campaigned together
This fact raised Lyons somewhat in
he estimation of his followers, some
Il whom had begun to look at him
Iskance.
Late in July the expedition reached
he Tongue river at the point where
leaves the mountains. Water was
carce. Many of the horses had been
.lkalied and others crippled by rattle
make bites. At this point the party
vas again attacked by Indians and
hree men were killed. There also a
German member of the party who was
leaning his gun and forgotten to I'M
Dad it, accidentally discharged the
7eapon and killed another of the party.
here were threats of lynching the
areless German, but instead he was
iven trial and banished. He left the
ext morning on horseback towards the
$50 miles distant. Various
aembers of the party prospected the
'ongue river country apd its tribu-
aries but found no gold