CHAPTER XII

PINKHAM AND PATTERSON

No two men filled a broader space in the early history of the Florence

mines than Pinkham and Patterson. Their personal characteristics gave

them a widespread notoriety, and a sort of local popularity, which each

enjoyed in his separate sphere. They were both leaders, after their own

fashion, in the heterogeneous society in which they moved, and he was

deemed a bold man who would gainsay their opinions, or resist their

enterprises.

They were both gamblers, and lived the free and easy life of that

pursuit; a pursuit which, in a new mining camp, next to that of absolute

ruffianism, enabled its votaries to exercise a power as unlimited as it

is generally lawless and insurrectionary. Indeed, there it is the master

vice, which gives life and support to all the other vices, and that

surrounds and hedges them in.

The order of influences which govern and direct the social element of a

mining camp in its infancy is exactly the reverse of those which govern

and direct the social element of an Eastern village. The clergyman, the

church, and the various little associations growing out of it, which

make the society of our New England villages so delightful, and, at the

same time, so disciplinary and instructive, are superseded in a new

mining community by the gambling saloon, cheap whiskey, frail women, and

all the evils necessarily flowing from such polluted combinations. In

the one case, religion and morality stand in the foreground, protected

by the spirit of wise and inflexible laws; in the other, the rifle, the

pistol, and the bowie-knife are flourished by reckless men, whose

noblest inspirations are excited by liquor and debauchery. While all

that is good and true and pure in society is brought into unceasing

action in the one case, all that is vile and false and polluted reigns

supreme in the other. We look to the one condition of society for all

great and good examples of humanity, and to the other for such as are of

an opposite character.

If we are to credit the early history of New England, Miles Standish was

a central character of Puritanic chivalry and fidelity. The people had

faith in his Christian character, and entire confidence in his strong

arm and fertility of expedients in the hour of danger. Some such

sentiment, qualified by the wide difference in the moral character of

the two men, attached the mining community of Florence to Pinkham. He

was a bold, outspoken, truthful, self-reliant man, without a particle of

braggadocio or bluster, careful always to say what he meant, and to do

what he said. Fear was a stranger to him, and desperate chances never

found him without desperate means.

Pinkham was a native of Maine, and physically a fine type of the

stalwart New Englander. In stature he was more than six feet, and in

weight upwards of two hundred pounds. To the agility of a mountain cat

he added the quick, sharp eye of an Indian and the strength of a giant.

Trained by years of frontier exposure, he was skilled in the ready use

of all defensive weapons. When aroused, the habitual frown upon his brow

gathered into a fierce scowl, and the steely gray eyes fairly blazed in

their sockets. At such times he was dangerous, because it was his custom

to settle all disputes with a word and a blow, and the blow always came

first. The intensity of his nature could not brook altercation.

Pinkham had been an adventurer ever since the discovery of gold in

California. He was among the first of that great army of fortune-seekers

which braved the perils of an overland trip to that distant El Dorado in

1849. If, before he left his New England home, no blight had fallen upon

his moral nature, it is certain that soon after his arrival in the land

of gold his character took the form which it ever afterwards wore, of a

gambler and desperado. In this there was nothing strange, as he was but

one victim in a catastrophe that wrecked the characters of thousands.

The estimate is small, which places at one-half the number of the early

Pacific gold-seekers, those who fell victims to the moral ruin of life

in the mining camp. It was the fruitful nursery of all those desperate

men, who, after years of bloody experience, expiated their crimes upon

the impromptu scaffolds of the Vigilantes, or in some of the violent

brawls which their own recklessness had excited. Pinkham’s pursuits in

California were those of the professional gambler. At one time he kept a

common dance-house in Marysville. It is fair, in the absence of facts,

to presume that his life in the Golden State was a preparatory

foreground for the one which followed in the mountains of Washington

Territory. He was among the first, in 1862, who were lured to that

Territory by the reports of extensive gold discoveries. Among the

desperate, reckless, and motley crowd that assembled at Florence

immediately after the discovery of the mines, was Pinkham, with his faro

boards and monte cards, “giving the boys a chance for a tussle with the

tiger and the leopard.” It was not long until he became a central figure

in the camp. The wild, undisciplined, pleasure-seeking population,

attracted by the outspoken boldness and self-assertion of the man,

quietly submitted to the influence which such characteristics always

command. And no man better understood his power over his followers, or

exercised it more warily, than Pinkham. The reputation which he enjoyed,

of being a bold, chivalric, fearless man, ready for any emergency,

however desperate, gained for him the favor of every reckless adventurer

who shared in his general views of the race.

Unlike most of the gamblers and roughs, who for the most part

sympathized with the Confederates, Pinkham was an intense Union man. He

never lost an opportunity to proclaim his attachment for the Union

cause, and denounced as traitors all who opposed it. No fear of personal

injury restrained him in the utterance of his patriotic sentiments, and

as he always avowed a readiness to fight for them, his opponents were

careful to afford him no opportunity. At every election in Idaho City

after the organization of the Territory, he was found at the polls

surrounded by a set of plucky fellows armed to the teeth, ready at his

command for any violent collisions with secessionists that the occasion

might arouse. His tall form, rendered more conspicuous by the loud and

inspiring voice with which, to the cries of “negro worshippers,”

“abolitionists,” and “Lincoln hirelings,” he shouted back

“secessionists,” “copperheads,” “rebels,” and “traitors,” was always the

centre of a circle of men who would oppose force to force and return

shot for shot.

On his return to Idaho City from a business visit to the States, a few

days before the anniversary of our national independence of the year in

which he was killed, he was so indignant that no preparations had been

made for a celebration, that when the day arrived he procured a National

flag, hired a drummer and fifer, and followed them, waving the banner,

through the streets of the town, greatly to the disgust of the

secessionists. The South had just been conquered, and the demonstration

wore the appearance of exultation, but no one aggrieved by it had the

hardihood to interrupt its progress. “Old Pink,” as he was familiarly

called, was much too dangerous a character to meddle with.

With all his rough and desperate characteristics, Pinkham had no

sympathy for the robbers and murderers and thieves that swarmed around

him; and when Idaho was organized the governor of the Territory

appointed him sheriff of Boise County. Soon afterwards he received the

appointment of United States marshal, an office which made him and his

friends in some measure the representatives of law and order. By

promptly discharging the duties of these offices, he was held in great

fear by the criminal population of the Territory, and won the respect of

the best citizens for his efficiency and fidelity.

Patterson was a native of Tennessee, whence, in boyhood, he had gone

with his parents to Texas and grown to manhood among the desperate and

bloody men of that border State. His character, tastes, and pursuits

were formed by early association with them. He was a gambler by

profession, but of a nature too impulsive to depend upon it as a means

of livelihood. When he came to California, he turned his attention to

mining, alternating that pursuit with gambling, as the inclination

seized him. Like Pinkham, he was a man of striking presence,—in stature

six feet, and of weight to correspond, with a fair complexion, light

hair streaked with gray, sandy whiskers, and, when unaffected by liquor

or passion, a sad, reflective countenance lit up by calm but expressive

blue eyes. His habitual manner was that of quiet, gentlemanly

repose;—and to one unacquainted with his characteristics, he would never

have been suspected of a fondness for any kind of excitement. In

conversation he was uniformly affable when sober, and bore the

reputation of being a very genial and mirth-loving companion when

engaged with others in any exploring or dangerous enterprise. He was

brave to a fault, and perfectly familiar with all the exposures and

extremes of border life,—as ready to repair the lock of a gun or pistol

as to use those weapons in attack or defence. His kindness and

thoughtfulness for the comfort of any of his party in the event of

sickness, and the resources with which he overcame obstacles in the

numerous expeditions of one kind and another in which he participated,

made him a great favorite with all who knew him, and gave him a

commanding power over the society in which he moved. He was naturally a

leader of those with whom he associated. Had these been his only

characteristics, Patterson would have been one of the most useful men in

the mining regions,—but whiskey always transformed him into a demon.

Patterson was not a steady drinker, but gave himself up to occasional

seasons of indulgence. He was one of that large class of drinkers who

cannot indulge their appetites at all without going through all the

stages of excitement, to complete exhaustion. From the moment he entered

upon one of these excesses to its close, he was dangerous. The whole man

was changed. His calm, blue eye looked like a heated furnace and was

suggestive of a thirst for blood. His quiet and gentlemanly manner

disappeared. His breath was labored, and his nostrils dilated like those

of an enraged buffalo. He remembered, on these occasions, every person

who had ever offended him, and sought the one nearest to him to engage

him in quarrel. His whole bearing was aggressive and belligerent, and

his best friends always avoided him until he became sober.

His unfortunate propensity for liquor had involved him in several

serious affrays before he came to the Idaho mines. On one occasion, in

Southern Oregon, a man who had suffered injury at his hands, while on a

drunken spree shot him in the side by stealth. Patterson with the

quickness of lightning drew his revolver, and fired upon and wounded his

assailant. Both fell, and Patterson, believing the wound he had received

would prove fatal, fired all the remaining charges in his pistol at his

antagonist, and then called for his friends to take off his boots.

The original expression, “he will die with his boots on some day,”

uttered many years ago as the prediction of some comical miner that a

murderer would be hanged or come to his death by violence, has grown

into a fantastic belief among the reckless and bloodthirsty ruffians of

the Pacific coast. Patterson, who shared in this faith, intended, by

having his boots taken off, to signify to those around him that he had

never been guilty of murder. When we consider that of the great number

of those who in the early history of the mining regions were guilty of

murder, nineteen at least of every twenty have expiated their crimes

upon the scaffold or in bloody affrays, the faith in this frontier axiom

seems not to be greatly misplaced: but why it should be any more potent

as a human prediction than as the stern edict of the Almighty denounced

against the murderer four thousand years ago, I leave for the solution

of those modern thinkers who build their belief outside the lids of the

Bible.

Another bloody _rencontre_ in which Patterson was engaged was with one

Captain Staples in Portland, Oregon. Staples, an ardent Unionist,

boisterously patriotic from liquor, insisted that all around him should

join in a toast to Lincoln and the Union arms. Patterson refused, and an

unpleasant altercation followed, but the parties separated without

collision. Later in the evening they met, and the difficulty was

renewed, and in the fight Staples was killed. Patterson was tried and

acquitted; and became, in consequence of the quarrel and trial, a great

favorite and champion among the secessionists of Portland.

Some time after this, in a drunken frenzy he scalped a disreputable

female acquaintance. His own version of this affair was as follows: “I

was trying,” said he, “to cut off a lock of her hair with my

bowie-knife, but she wouldn’t keep her head still, and I made a mistake,

and got part of her scalp with the hair.” For this act he was arrested

and recognized to await the action of the grand jury; but before the

term of court he left the State, and his bondsmen were compelled to pay

the forfeiture.

Patterson came to Idaho with the first discovery of gold in that

section. His fellow-gamblers, who never failed, with one hand, to take

advantage of his unskilful playing, were always ready to contribute to

his necessities with the other. If he wanted money to stock a faro bank

they furnished it. If a saloon-keeper needed a man who united popularity

and strength to arrest the encroachments of the roughs, he was ever

ready to share a liberal portion of his profits with Patterson for such

services. The difference between Pinkham and Patterson was that, while

the friends of the former looked to him for aid in their embarrassments,

those of the latter afforded him the means of existence.

About a year before the occurrence of the bloody affray between these

men, Patterson and some of his friends, during a period of drunken

excitement, took unlawful possession of a brewery in Idaho City, and

engaged in the manufacture of beer. Pinkham was the only person in the

city brave enough to undertake their arrest. When he entered the

building for the purpose, he informed Patterson of his object and was

met with violent resistance. In the struggle Pinkham was successful, and

Patterson was arrested and taken away. The citizens, knowing the

character of Patterson, and expecting nothing less than a shooting

affray as the consequence of the arrest, were surprised at his

submission. It was soon understood, however, that the bad blood provoked

by the incident had severed all friendly relations between the

champions, and that Patterson would avail himself of the first

opportunity to avenge himself. Months passed away without any collision.

The subject, if not forgotten, was lost sight of as other occurrences

more or less exciting transpired.

On the day he was killed, Pinkham, with an acquaintance, rode out to the

Warm Springs, a favorite bathing resort two miles distant from Idaho

City. Meeting there with several friends, he drank more freely than

usual and became quite hilarious.

Patterson returned early the same day from Rocky Bar, fifty miles

distant. Half-crazed from the effects of protracted indulgence in

drinking and a severe personal encounter, his friends, to aid his return

to sobriety, took him to the springs for a bath. Among others who

accompanied him was one Terry, a vicious, unprincipled fellow, who, in a

conflict with Patterson a year before, had begged abjectly for his life

when he found himself slightly wounded, and ever after, spaniel-like,

had licked the hand that smote him. When they arrived, Pinkham and his

friends were singing the popular refrain of “John Brown,” and had just

completed the line—

“We’ll hang Jeff Davis on a sour apple tree,”

as Patterson and his party stepped upon the porch. Jefferson Davis was

at that time in custody. With the curiosity which exercised the

Unionists, a singer said,

“Pink, do you think they will hang Jeff Davis?”

“Yes,” replied Pinkham, “in less than six weeks.”

Hearing a step on the threshold, he turned, and his gaze met the heated

eyes of Patterson. Neither spoke, nor, except by vengeful looks, gave

any token of recognition. Patterson advanced to the bar. Terry crowded

behind him, and slipped a derringer into his pocket. With an oath and

opprobrious epithet, Patterson said,

“Don’t mind him. He is not worth the notice of a gentleman.”

Pinkham, looking steadily at Patterson, with his habitual frown

deepened, passed out upon the porch. Patterson went through the opposite

door to the swimming pond, followed by Terry. After they were out, he

handed the derringer back to Terry, and proceeded with his bath. Terry

returned to the bar, and going around to the desk, while unobserved by

Turner, the landlord, thrust a revolver under his coat, and went back to

Patterson. Doubtless he told Patterson that Pinkham and his friends

intended to attack him, for Patterson was observed on the moment to be

greatly excited. Pinkham’s friend, who knew both Patterson and Terry,

told Pinkham that mischief was brewing, and suggested their immediate

return to town.

“No,” replied Pinkham, “when he insulted me in the bar-room I was

unarmed, but now I am ready for him.”

“But it is better,” suggested his friend, “to avoid a collision. No one

doubts your courage.”

“I will not be run off by the rebel hound,” said Pinkham. “If I were to

leave it would be reported that I had ‘weakened’ and fled from

Patterson;—and you know that I would prefer death in its worst form to

that.”

Patterson hurried out of the bath, dressed himself as quickly as

possible, and with the revolver strapped to his side, came into the

bar-room. Calling for a drink, in a loud tone and with much expletive

and appellative emphasis, his blood-drinking eyes glaring in all

directions, he demanded to know where Pinkham had gone. Turner, thinking

to pacify him, replied in a mild tone,

“Away, I believe.”

Pinkham at this moment was standing by a banister on the porch, engaged

in conversation with a friend by the name of Dunn. He was unapprised of

Patterson’s return to the saloon, and, from the tenor of his

conversation, believed he would be warned of his approach. For the

impression that each entertained of the other’s intention to fire upon

him, and that both were awaiting the opportunity to do so, these men

were indebted to the mischievous interference of those friends whose

wishes were parent to the thought.

“I will not be run off by Patterson,” said Pinkham, “nor do I wish that

through any undue advantage he should assassinate me. All I ask is fair

play. My pistol has only five loads in it.”

“Stand your ground, Pink,” replied Dunn. “I have a loaded five-shooter,

and will stand by you while there is a button on my coat.”

These words were scarcely uttered, when Patterson stepped from the

saloon upon the porch. Turning to the right, he stood face to face with

Pinkham. The fearful glare of his bloody eyes was met by the deepening

scowl of his antagonist. Hurling at Pinkham a degrading epithet, he

exclaimed,

“Draw, will you?”

“Yes,” replied Pinkham with an oath, “I will,” and drawing his revolver,

poised it in his left hand to facilitate the speed of cocking it.

Patterson, with the rapidity of lightning, drew his, cocking it in the

act, and firing as he raised it. The bullet lodged under Pinkham’s

shoulder blade. Pinkham received a severe nervous shock from the wound,

and delivered his shot too soon, the bullet passing over the head of

Patterson, into the roof. At Patterson’s second fire the cap failed to

explode, but before Pinkham, who was disabled by his wound, could cock

his pistol for another shot, Patterson fired a third time, striking

Pinkham near the heart. He reeled down the steps of the porch, and fell

forward upon his face, trying with his expiring strength to cock his

revolver. At the first fire of Patterson, Dunn forgot his promise to

stand by Pinkham. Jumping over the banister, he sought refuge beneath

the porch. Stealing thence when the firing ceased, he ran across the

street, where, protected by the ample trunk of a large pine, he took

furtive observation of the catastrophe. Pinkham’s other friend came from

the rear of the house in time to assist Turner in removing his body.

Patterson’s friends, some seven or eight in number, well pleased with

the result, but fearing for his personal safety, mounted him on a good

horse, armed him with revolvers, and started him for a hurried ride to

Boise City. Half an hour served to carry intelligence of the encounter

to Idaho City. The excitement was intense. Pinkham’s friends were

clamorous for the arrest and speedy execution of Patterson; those of the

latter avoided a collision by keeping their own counsel, and expressing

no public opinion in justification of the conduct of their champion.

Terry and James, the instigators of the contest, secreted themselves,

and left town by stealth at the first opportunity. Indeed, many of

Patterson’s friends believed that Terry intended that the affray should

terminate differently. The pistol which he furnished Patterson had been

lost, and buried in the snow the entire winter before the encounter, and

it was supposed by the owner, who was afraid to fire it lest it should

explode, that the loads were rusted. Terry knew of this. He stood in

personal fear of Patterson, and bore an old grudge against him. Here was

his opportunity. At the second attempt of Patterson to fire, the pistol

failed, and the wonder is that it went off at all.

In less than an hour after the tragedy, Robbins, an old friend and

former deputy of Pinkham, armed with a double-barrelled shotgun and

revolvers, mounted his horse, and left town alone, in swift pursuit of

Patterson. He was noted for bravery, and had been the hero of several

bloody encounters. At a little wayside inn, seventeen miles from the

city, he overtook the fugitive, who had stopped for supper. Patterson

came to the door as he rode up.

“I have come to arrest you, Ferd,” said he, at the same time raising his

gun so that it covered Patterson.

“All right, Robbins, if that’s your object,” replied Patterson, as he

handed Robbins his revolver. In a few moments they started on their

return. Before they arrived at town, several of the sheriff’s deputies

met them, and claimed the custody of Patterson. Robbins surrendered him,

and he was taken to the county jail.

After Patterson’s account of the fight had been circulated, the

community became divided in sentiment, the Democrats generally espousing

the cause of the prisoner, the Republicans declaring him to be a

murderer. There were some exceptions. Judge R——, a life-long Democrat,

and a Tennesseean by birth, was very severe in his denunciation of

Patterson. He distinguished him as the most marked example of total

depravity he had ever known, and related the following incident in

confirmation of this opinion:

Several years before this time, Patterson joined in an expedition in

Northern California, to pursue a band of Indians who had been stealing

horses and committing other depredations upon the property of the

settlers. The pursuers captured a bright Indian lad of sixteen. After

tying him to a tree, they consulted as to what disposition should be

made of him. They were unanimous in the opinion that he should not be

freed, but were concerned to know how to take care of him. Some time

having elapsed without arriving at any conclusion, Patterson suddenly

sprung to his feet, and seizing his rifle, said with an oath that he

would take care of him, and shot the poor boy through the heart. “That

incident,” said the judge, “determined for me the brutal character of

the wretch. His whole life since has been of a piece with it. For years

he has been a ‘bummer’ among men of his class. He has lived off his

friends. He has had no higher aims than those of an abandoned, dissolute

gambler. Pinkham, though a gambler, had other and better tendencies. His

schemes for the future looked to an abandonment of his past career, and

he was in no sense a ‘bummer.’”

The justice of this criticism was unappreciated by Patterson’s friends.

He was provided with comfortable quarters in the jailer’s room, and

accorded the freedom of the prison yard. His friends supplied him with

whiskey and visited him daily to aid in drinking it. No prisoner of

state could have been treated with greater consideration. The gamblers

and soiled doves gave him constant assurance of sympathy. Even the poor

wretch he had scalped at Portland wrote to ascertain if she could do

anything for “poor Ferd.”

Pinkham’s friends, enraged at the course pursued by the officers of

justice, began to talk of taking Patterson’s case into their own hands.

The example of the Montana Vigilantes excited their emulation. When they

finally effected an organization, several of Patterson’s friends gained

admission to it by professing friendship for its object. They imparted

its designs and progress to others. Patterson was informed of every

movement, and counselled his adherents what measures to oppose to the

conspiracy against his life. Meantime the Vigilantes appointed a meeting

for the purpose of maturing their plans, to be held at a late hour of

the evening, in a ravine across Moore’s Creek, a short distance from the

city. Patterson having been apprised of it, was anxious to obtain

personal knowledge of its designs. So when the hour arrived,

representing in his own person one of the deputy sheriffs with the

consent of the sheriff, he placed himself at the head of an armed band

of six men as desperate as himself, and stole unperceived from the

jail-yard to a point within three hundred yards of the rendezvous. Here

they separated. Each with a cocked revolver approached at different

points, as near the assemblage as safety would permit. Three hundred or

more were already on the ground, and others constantly arriving. It was

a large gathering for the occasion,—and the occasion was not one to

inspire with pleasurable emotions the mind or heart of the wretch who

was risking his life to gratify his curiosity. Nevertheless, he crept

forward till within seventy yards of the chairman’s stand.

The place of meeting was partially obscured by several clumps of

mountain pines, which grew along the sides of the ravine, and enclosed

it in their sombre shade. It was bright starlight. When the gathering

was complete and had settled into that grim composure which seemed to

await an opportunity for a hundred voices to be raised, the chairman

called upon a Methodist clergyman present to open their proceedings with

prayer. This request, at such a time, must appear strange to the minds

of many of my readers. And yet, why should it? It bore testimony to some

sincerity and some solemnity in the hearts of the people, even though

they had assembled for an unlawful, perhaps some of them for a

revengeful, purpose. They felt, doubtless, that the law did not and

would not protect them, and if they had known that the person whose doom

they were there to decide, at that very moment stood near, armed, a

secret observer of their proceedings, with friends within the call of

his voice to aid him or obey his orders, they might very properly have

concluded that the law exposed them to outrage and murder. Prayer had no

mockery in it in such an exigency. Patterson afterwards jocosely

remarked that it was the first prayer he had listened to for twenty

years. Its various petitions, certainly, could not have fallen

pleasantly upon his ears.

Patterson returned unobserved to the jail at a late hour, fully

possessed of the designs of the committee. A system of espial was kept

up by his friends, by means of which the sheriff and his deputies were

enabled to devise a successful counter-plot. At eleven o’clock in the

morning of a bright Sabbath, a few men were seen congregating upon the

eastern side of Moore’s Creek, below the town, for the supposed purpose

of carrying out the decision of the previous evening, which was the

execution of Patterson. Patterson and thirty of his friends, armed to

the teeth, were in the jail-yard looking through loopholes and

knot-holes, anxiously watching them.

When their numbers had reached a hundred, a signal was given to the

sheriff. He quickly summoned a _posse_ of one hundred and fifty men, who

had received intimation that their services would be needed. Fully

armed, they marched slowly to a point on the west side of Moore’s Creek,

where they confronted the Vigilantes. Nothing daunted at this unexpected

demonstration, the latter quietly awaited the arrival of several hundred

more, who had promised to join them. Hours passed, but they came not.

Not another man was bold enough to join them. Robbins, who, after much

persuasion, had consented to act as their leader, was greatly disgusted,

and for three hours declined all propositions to disband. Every hill and

housetop was crowded with spectators, citizens of Idaho and Buena Vista

Bar, anticipating a collision. The newly elected delegate to Congress

was on the ground, making eager exertions to precipitate a contest.

“Why don’t you fire upon them?” said he, with a vulgar oath to the

sheriff. “You have ordered them to disperse, and still permit them to

defy you.”

The sheriff, though a determined, was a kind-hearted man, and wished to

avoid bloodshed. He knew if his men fired, the fire would be returned,

and a bloody battle would follow. He was also aware that seven hundred

or more had enrolled their names in the ranks of the Vigilantes,

courageous men and good citizens, who would probably rally to the

assistance of their comrades in case of an attack. The day wore on with

nothing more serious to interrupt its harmony than the noisy exchange of

profane epithets and vulgar threats between the two bands, until it was

finally agreed that persons should be selected from both factions to

work up the terms of a peace. The result was that the Vigilantes

disbanded, upon the sheriff’s pledge that none of them should be

arrested, and Patterson was conveyed to prison to await the decision of

a trial at law. After an unsuccessful effort of his attorney to have him

admitted to bail, the sheriff remanded him to custody.

The counsel on both sides prepared for trial with considerable energy.

The evidence was all reduced to writing. The character of each juryman,

the place of his nativity, and his political predilections were

ascertained and reported to the defendant’s counsel. The judge and

sheriff were required, by the Idaho law, to prepare the list of talesmen

when the regular panel of jurors was exhausted. In the performance of

this duty in Patterson’s case, the judge selected Republicans, and the

sheriff Democrats. When the list was completed, and the venire issued, a

copy of it was furnished to Patterson’s friends, who caused to be

summoned as talesmen such persons named in it as were suspected of

enmity to the accused, in order that they might be rejected as jurors.

The preliminary challenges allowed by law to the defendant were double

those allowed to the prosecution. With all these advantages, the

defendant’s counsel could hardly fail in selecting a jury favorable to

their client; and after the jury was sworn, such was its general

composition, that both the friends and enemies of the prisoner predicted

an acquittal. Nor were they disappointed. When his freedom was announced

from the bench, his friends flocked around him to tender their

congratulations. But Patterson was not deceived. He felt that he was

surrounded by enemies. Sullen eyes were fixed upon him as he walked the

streets. Little gatherings of the friends of Pinkham stood on every

corner in anxious consultation. He very soon concluded that his only

safety was in departure. At first he thought of returning to Texas, but

the allurements around him were too strong: besides, he owed

considerable sums of money to the friends who had aided him in making

his defence. He had, moreover, many attached friends, who, by promises

of assistance, sought to dissuade him from leaving the country. Finally,

two weeks after his trial, he left Idaho City for Walla Walla.

One day the following Spring, Patterson entered a barber’s shop for the

purpose of getting shaved. Removing his coat, he seated himself in the

barber’s chair. A man by the name of Donahue arose from a chair

opposite, and, advancing towards him, said:

“Ferd, you and I can’t both live in this community. You have threatened

me.” As Patterson sprung to his feet, Donahue shot him. Staggering to

the street, he started towards the saloon where he had left his pistol,

and was followed by Donahue, who continued to fire at him, and he fell

dead across the threshold of the saloon, thus verifying in his own case

the fatalistic belief of his class, “He died with his boots on.”

The only incident of Patterson’s trial worthy of note was the following:

One of the attorneys who had been employed for a purpose disconnected

with the management of the trial, insisted upon making an argument to

the jury. This annoyed his colleagues, and disgusted Patterson’s

friends, but professional etiquette upon the part of the lawyers, and a

certain indefinable delicacy from which even the worst of men are not

wholly estranged, prevented all interference, and the advocate launched

out into a speech of great length, filled with indiscreet assertions,

slipshod arguments, and ridiculous appeals, at each of which, as they

came up, one of the shrewder counsel for the defendant, seated beside

his client, filled almost to bursting with indignation, would whisper in

his ear the ominous words,

“There goes another nail into your coffin, Ferd.”

Wincing under these repeated admonitions, Patterson’s eyes assumed their

blood-drinking expression, and at last the mental strain becoming too

great for longer composure, he exclaimed with a profane curse,

“I wish it had been he, in the place of Old Pinkham.”

Upon the trial of Donahue the jury failed to agree. He was remanded to

prison, from which he afterwards escaped, fled to California, where he

was rearrested, and released upon a writ of habeas corpus, by the

strange decision that the provision of the Constitution of the United

States requiring one State to deliver up a fugitive from justice to

another claiming him, did not apply to Territories.

To certain of my readers, some explanation for detailing at such length

the life of a ruffian and murderer may be necessary. Not so, however, to

those familiar with mountain history. They will understand that both

Patterson and Pinkham were noted and important members of frontier

society, representative men, so to speak, of the classes to which they

belonged. Their followers regarded them with a hero-worship which

magnified their faults into virtues, and their acts into deeds of more

than chivalric daring. Their pursuits, low, criminal, and degrading as

they are esteemed in old settled communities, were among the leading

occupations of life among the miners. Said one who had been for many

years a resident of the Pacific slope, after spending a few weeks in the

Atlantic States: “I can’t stand this society. It is too strict. I must

return to the land where every gambler is called a gentleman, and where

every woman, no matter what her character, is called a lady.”

Vigilante Days and Ways The pioneers of the Rockies; the makers and making of Montana and Idaho · 第 12 / 51 章