CHAPTER XXX

TRIAL OF GEORGE IVES

Intelligence of the capture of Ives preceded the arrival of the scouts

at Nevada. That town was full of people when they entered with their

prisoners. A discussion between the citizens of Virginia City and

Nevada, growing out of the claims asserted by each to the custody and

trial of the prisoners, after much protesting by the friends of Ives,

resulted in their detention at Nevada. They were separated and chained,

and a strong inside and outside guard placed over them. The excitement

was intense; and the roughs, alarmed for the fate of their comrades,

despatched Clubfoot George to Bannack with a message to Plummer,

requesting him to come at once to Nevada, and demand the prisoners for

trial by the civil authorities. By means of frequent relays provided at

the several places of rendezvous of the robbers on the route, he

performed the journey before morning. Johnny Gibbons, a rancher, in

sympathy with Ives, proceeded immediately to Virginia City, and secured

the legal assistance of Ritchie and Smith, the latter being the same

individual who had figured in the defence of the Dillingham murderers.

But the time for strategy was over,—the people were determined there

should be no delay.

Early the next morning, the road leading through the gulch was filled

with people hastening from all the towns and mining settlements to

Nevada. Before ten o’clock, fifteen hundred or two thousand had

assembled and were standing in the partially congealed mud of the only

public thoroughfare of the town. The weather was pleasant for the

season, with no snow, but a little frostwork of ice bordered the

streams, and the sun shone with an October warmth and serenity. The

urchins of the neighborhood were dodging in and out among the crowd, in

merry pastime; and the great gathering, with all its appointments, wore

more of a commemorative than retributory aspect. And as this was the day

preceding “Forefathers’ Day,” one unacquainted with the sterner matters

in hand, might readily have mistaken it for an old-time New England

festival. The illusion, however, would have been instantly dispelled on

listening to the various opinions advanced by the miners, while

arranging the mode of trial. It was finally determined that the

investigation should be made in the presence of the entire

assemblage,—the miners reserving the final decision of all questions. To

avoid all injustice to people or prisoners, an advisory commission of

twelve men from each of the districts was appointed; and W. H. Patton of

Nevada, and W. Y. Pemberton of Virginia City, were selected to take

notes of the testimony.

Col. Wilbur F. Sanders and Hon. Charles S. Bagg, attorneys, appeared on

behalf of the prosecution, and Messrs. Alexander Davis and J. M.

Thurmond for the prisoners. Ives was the first prisoner put upon trial.

It was late in the afternoon of the nineteenth before the examination of

witnesses commenced. The prisoner, secured by chains, was seated beside

his counsel. The remainder of that day, and all the day following, had

been spent; and when the crowd assembled on the morning of the

twenty-first, the prospect for another day of unprofitable wrangling,

long speeches, captious objections, and personal altercations, was

promising; but the patience of the miners being exhausted, they informed

the court and people that the trial must close at three o’clock that

afternoon. This announcement was received with great satisfaction.

I am unable from any facts in my possession to recapitulate the

testimony. Long John was admitted to testify under the rule of law

regulating the reception of State’s evidence. Among other things it was

established that Ives had said in a boastful manner to his associates in

crime,

“When I told the Dutchman I was going to kill him, he asked me for time

to pray. I told him to kneel down then. He did so, and I shot him

through the head just as he commenced his prayer.”

Two alibis set up in defence failed of proof, because of the infamous

character of the witnesses. Many developments of crimes committed

jointly by the prisoner and some of his sympathizing friends, were made,

which had the effect to drive the latter from the Territory before the

close of the trial, but for which his conviction might possibly have

been avoided.

The prisoner was unmoved throughout the trial. Not a shade of fear

disturbed the immobility of his features. Calm and self-possessed, he

saw the threads of evidence woven into strands, and those strands

twisted into coils as inextricable as they were condemnatory, and he

looked out upon the stern and frigid faces of the men who were to

determine his fate with a gaze more defiant than any he encountered.

There were those near him who were melted to tears at the revelation of

his cruelty and bloodthirstiness; there were even those among his

friends who betrayed in their blanched lineaments their own horror at

his crimes; but he, the central figure, equally indifferent to both, sat

in their midst, as inflexible as an image of stone.

[Illustration:

COLONEL WILBUR F. SANDERS

_Principal prosecutor of George Ives_

]

The scene, by its associations and objects, could not be otherwise than

terribly impressive to all who were actors in it; it wanted none of the

elements, either of epic force or tragic fury, which form the basis of

our noblest poems. A whole community, burning under repeated outrages,

sitting in trial on one of an unknown number of desperate men, whose

strength, purposes, even whose persons, were wrapped in mystery! How

many of that surging crowd now gathered around the crime-covered

miscreant, might rush to his rescue the moment his doom should be

pronounced, no one could even conjecture. No man felt certain that he

knew the sentiments of his neighbor. None certainly knew that the

adherents of the criminal were weaker, either in numbers or power, than

the men of law and order. It was night, too, before the testimony

closed; and in the pale moonlight, and glare of the trial fire,

suspicion transformed honest men into ruffians, and filled the ranks of

the guilty with hundreds of recruits.

The jury retired to deliberate upon their verdict. An oppressive

feeling, almost amounting to dread, fell upon the now silent and anxious

assemblage. Every eye was turned upon the prisoner, seemingly the only

person unaffected by surrounding circumstances. Moments grew into hours.

“What detains the jury? Why do they not return? Is not the case clear

enough?” These questions fell upon the ear in subdued tones, as if their

very utterance breathed of fear. In less than half an hour they came in

with solemn faces, with their verdict,—Guilty!—but one juror dissenting.

“Thank God for that!” “A righteous verdict!” and other like expressions

broke from the crowd, while on the outer edge of it, amidst mingled

curses, execrations, and howls of indignation, and the quick click of

guns and revolvers, one of the ruffians exclaimed,

“The murderous, strangling villains dare not hang him, at any rate.”

Just at this moment a motion was made to the miner “that the report be

received, and the jury discharged,” which, with some little opposition

from the prisoner’s lawyers, was carried.

Some of the crowd now became clamorous for an adjournment; but failing

in this, the motion was then made “that the assembly adopt as their

verdict the report of the committee.”

The prisoner’s counsel sprung to their feet to oppose the motion, but it

was carried by such a large majority, that the assemblage seemed at once

to gather fresh life and encouragement for the discharge of the solemn

duty which it imposed. There was a momentary lull in the proceedings,

when the people found that they had reached the point when the execution

of the criminal was all that remained to be done. They realized that the

crisis of the trial had arrived. On the faces of all could be read their

unexpressed anxiety concerning the result. What man among them possessed

the courage and commanding power equal to the exigencies of the

occasion!

At this critical moment, the necessity for prompt action, which had so

disarranged and defeated the consummation of the trial of Stinson and

Lyons, was met by Colonel Sanders, one of the counsel for the

prosecution, who now moved, “that George Ives be forthwith hanged by the

neck, until he be dead.”

This motion so paralyzed the ruffians, that, before they could recover

from their astonishment at its being offered, it was carried with even

greater unanimity than either of the previous motions, the people having

increased in courage as the work progressed. Some of the friends of Ives

now came up, with tears in their eyes, to bid him farewell. One or two

of them gave way to immoderate grief. Meantime, Ives himself, beginning

to realize the near approach of death, begged piteously for a delay

until morning, making all those pathetic appeals which on such occasions

are hard to resist. “I want to write to my mother and sister,” said he;

but when it was remembered that he had written, and caused to be sent to

his mother soon after he came to the country, an account of his own

murder by Indians, in order to deceive her, no one thought the reason

for delay a good one.

“Ask him,” said one of the crowd, as he held the hand of Colonel

Sanders, and was in the midst of a most touching appeal for delay, “ask

him how long a time he gave the Dutchman.”

He, however, made a will, giving everything to his counsel and

companions in iniquity, to the entire exclusion of his mother and

sisters. Several letters were written under his dictation by one of his

counsel.

In the meantime, A. B. Davis and Robert Hereford prepared a scaffold.

The butt of a small pine, forty feet in length, was placed on the inside

of a half-enclosed building standing near, under its rear wall, the top

projecting over a cross-beam in front. Near the upper end was fastened

the fatal cord, and a large dry-goods box, about five feet high, was

placed beneath for the trap.

Every preparation being completed, Ives was informed that the time for

his execution had come. He submitted to be led quietly to the drop, but

hundreds of voices were raised in opposition. The roofs of all the

adjacent buildings were crowded with spectators. While some cried, “Hang

the ruffian,” others said, “Let’s banish him,” and others shouted,

“Don’t hang him.” Some said, “Hang Long John. He’s the real murderer,”

and occasionally was heard a threat, “I’ll shoot the murdering souls,”

accompanied by curses and epithets. The flash of revolvers was

everywhere seen in the moonlight. The guards stood grim and firm. The

miners cocked their guns, muttered threats against all who interfered,

and formed a solid phalanx which it would have been madness to assault.

When the culprit appeared upon the platform, instant stillness pervaded

the assembly. The rope was adjusted. The usual question, “Have you

anything to say?” was addressed to the prisoner, who replied in a

distinct voice,

“I am innocent of this crime. Alex Carter killed the Dutchman.”

This was the only time he accused any one except Long John.

He then expressed a wish to see Long John, and his sympathizers yelled

in approbation; but as an attempted rescue was anticipated, the request

was denied.

When all the formalities and last requests were over, the order was

given to the guard,

“Men, do your duty.”

The click of a hundred gun-locks was heard, as the guard levelled their

weapons upon the crowd, and the box flew from under the murderer’s feet,

as he swung “in the night breeze, facing the pale moon, that lighted up

the scene of retributive justice.” The crowd of rescuers fled in terror

at the click of the guns.

“He is dead,” said the judge, who was standing near him. “His neck is

broken.”

Henry Spivey, the juror who voted against the conviction of Ives, was a

thoroughly honest and conscientious man. He was not satisfied that the

evidence showed Ives to be guilty of the murder of Tiebalt, and as this

was the specific charge against him, he could not vote against his

conscience. He said that if Ives had been tried as a road agent, he

would have voted for his conviction.

The highest praise is due to Colonel Sanders for the fearlessness and

energy he displayed in the conduct of this trial; for it furnished an

example which was not lost upon the law and order men in all their

subsequent efforts to rid the Territory of the ruffians.

Vigilante Days and Ways The pioneers of the Rockies; the makers and making of Montana and Idaho · 第 30 / 51 章