Browning chief. [volume] (Browning, Mont.) 1941-1953, 1942-08-28
MAN Is HANGED
WHO HAD PARDON
IN HIS POCKET

Nv 4A1O 4 OOxAAx
HELENA so HEALTHY IN EARLY
DAYS vIGHANTEs HAD TO
START" GRAVEYARD
Judge Lyman E. Munson was the
first federal Judge to hold court
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 rs 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
nom the east to take up his duties
was the sight Of the celebrated Hang
mans tree on the outskirts Of the
town. with 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 a 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
It 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 rope.
According to Judge Munson's men,
oirs, IL to "a hours of good hanging
was generally considered long enough
to warrant a 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
to, or how to reach the territory. He
decided on the river route and shipped
his library to st. Louis, where he took
q 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 8. 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 a tree.
This was the eighth figure in leather
boots that that tree had borne In as
many months.
Judge Munson 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
saw and hammer were busy in put
ting up cabins and storehouses, and
in constructing sluice boxes sor the
washing out of gold. Men vino had
Stunned domestic duties over the
cradle for years were rocking cradles
filled with dirty water, watching ap-
pearances of golden sands to open their
purse strings to the realities of their
adventure. Auctioneers were crying
their wares, trade was lively, saloons
crowded, hurdy-gurdy dance houses in
full blast, wild mustangs, never before
saddled or bridled, ridden by Mexicans,
were bucking and running in contests
held to amuse their riders and the
crowds.
Saturday nights and Sunday morn
ings miners would come into town with
their weeks wages, and drink, gamble
and dance till their money was gone
and then go back to camp after the
excitement of the day was over, COM
pletely broke, to renew the folly at
another weeks end. And so indulgence
lltO SlliiAS, anu viz AA%A-S
mans tree bore the fruit"
End of Vigilantes?
The other judges favored leaving
punishment of crimes to the Vigilantes
Judge Munson's court opened the first
week in August. In his charge to the
grand jury he said: This court opens
today for the first time for the trial
of criminal cases; however satisfac.
tory an excuse might have been found
before for secret trials and midnight
executions, no such necessity nov
exists"
A true bill was found against 8
murderer, and he was sentenced tc
life imprisonment at the territorial
prison at Virginia City. Acting Gov
ernor Meagher, while under the In
fluence of an unfortunate habit, par
doned the man. He returned to Helena
was taken by the Vigilantes ane
hanged with his pardon in his pocket
He was the ninth man hanged on the
tree.
New Era in Law
wit, 4s;o1 II, tho courts for murdel