Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1942-08-22
MAN Is HANGED
WHO HAD PARDON
IN HIS POCKET


at Helena, during the first week
In August, 1855 He was the third
associate justice Of Montana ap-
pointed BY President Lincoln who
came to the territory and served,
although another man had been
appointed as the third Justice and
resigned as soon as he had been
appointed.
Judge Munson's introduction to Hell
ena, whittier he went on his arrival
from the east to take up his duties,
was the sight of the celebrated Hang
mans tree on the outskirts of the
town, with a road agent dangling at
the end Of rope. Thirteen men were
the fruit Of this tree at Helena dur
ing about as many months. Then the
tree was cut down by q clergyman,
ostensibly TO reform the morals of the
community, and after it had been
safely placed In a building, peddled
the wood out for canes, so that the
tree became as famous for the canes
1t produced as 1t had been for the
number Of persons who had cast their
last agonized glances up among its
branches before testing its fibers at
the end OF a rope.
According TO Judge Munson's mem
oirs, - to "a hours of good hanging
was generally considered long enough
to warrant certificate that life was
extinct and the body ready for burial.
Judge Munson's Story
When Judge Munson received his
commission from President Lincoln as
one Of the three federal judges of the
supreme court in Montana he had the
vaguest sort Of an idea Of what sort |
Of country he was going to. He was
able, moreover, to get but little infor- |
nation concerning the best point to go |
10, or how to reach the territory. He |
decided on the river route and shipped |
his library to st. Louis, where he took /
@ steamer for Fort Benton. 1t took |
so days to make the trip.
Passing Yankton, in the lower part /
Of Dakota, the boat entered country
filled with hostile Indians. Military
forts and trading posts were besieged
by redskins. Fort Rice had been sur
rounded by the Indians for days when
they reached that point.
Finally they reached Fort Benton
and spent some days there before
starting with mule trains and prairie
schooners for Helena, 40 miles dis
tant On Sunday, July 9, 1865, they
pulled into Last Chance gulch, and
ON the outskirts Of the camp the
party was greeted by the sight Of a
man hanging from the limb Of tree.
This was the eighth figure in leather
boots that that tree had borne In as
many months
Judge dunson called the other
judges into conference and called at
tention to the free and easy methods
that prevailed. This Is the pen picture
he left Of Helena In 1855:
Camp Was Lively
This was a lively camp. Three
thousand people were there, street !
spaces were blocked with men and
merchandise, OK teams, mule trains
and pack trains surrounded the camp,
waiting for a chance to unload. The J
saw and hammer were busy in put {
ting up cabins and storehouses, and
IA constructing sluice boxes for the
washing out of gold. Men who had
summed domestic duties over the :
radle for years we're rocking cradles
Tiled with dirty water, watching APP
1earances of golden sands to open their !,
purse strings to the realities of their
adventure. Auctioneers were crying i
heir wares, trade was lively, saloons +
,rowded, hurdy-gurdy dance houses in r
un blast, wild mustangs, never before q
added or bridled, ridden by Mexicans, &
we're bucking and running In contests 4
leld to amuse their riders and the a
rowds. a
Saturday nights and Sunday morn Q
ngs miners would come into town with
heir weeks wages, and drink, gamble a
md dance till their money was gone, Il
nd then go back to camp after the Il
excitement of the day was over, COM "
'letely broke, to renew the folly at +
mother weeks end. And so indulgence a
lossomed into crime. and the hang a
mans tree bore the fruit" tV
nd of vigiIantes? 81
The other judges favored leaving
enlistment Of crimes to the Vigilantes. Y
Judge Munson's court opened the first y
'eek in August. In his charge to the y
rand Jury he said: '"This court opens :.
oday for the first time for the trial =
criminal cases; however satisfac-
Dry an excuse might have been found -,
efore for secret trials and midnight
zecutions, no such necessity now
xistS." -
A true bill was found against a
murderer, and he was sentenced TO hi
fe imprisonment at the territorial an
rison at Virginia City. Acting Gov
nor Meagher, while under the In in
uence Of an unfortunate habit, par in
oned the man. He returned to Helena,
as taken by the Vigilantes and hi
anged with bis pardon IN his pocket. Of
e was the ninth man hanged on the ca
ee. co
ew Era Ia Law ~
This trial In the courts for murder -
as the first ever held In the territory; VI
Id it ended In another lynching The
sxt morning the body was placed -
a rough pine coffin, loaded ON 9 On
'ay drawn by q mule, and with the ne