CHAPTER XLVI

JAMES DANIELS

Of the early history of this individual I know but little, and but for

circumstances attending his “taking off,” should not trouble my readers

with any notice of him. That he was hardened in vice and crime, and,

possibly, was one of the worst of all the ruffians whose careers I have

passed under review, will hardly admit of a doubt, when the reader is

informed that he murdered one man in Tuolumne County, California, and

was only prevented by want of agility to complete a race, from killing

another. His appearance in Helena, and the commission of the crime for

which he lost his life, were almost simultaneous. In a quarrel incident

to a game of cards, near Helena, he stabbed and instantly killed a man

by the name of Gartley. He was immediately arrested by the Vigilantes,

who surrendered him to the civil authorities. On his trial for murder,

circumstances were proved, which, in the opinion of the jury, reduced

his crime to manslaughter. Judge Munson sentenced him to three years’

imprisonment in the territorial prison. After a few weeks’ confinement,

a petition for his pardon, signed by thirty-two respectable citizens of

Helena, was also presented to acting Governor Meagher, who, under

mistaken sense of his own powers, issued an order for his release. The

right to pardon belonged exclusively to the President. Judge Munson went

immediately to the capital to show the law to the Executive, convince

him of his error, and obtain an order for the re-arrest of Daniels.

Meantime, that individual, uttering the most diabolical threats against

the witnesses who had testified against him, found his way back to

Helena; and before the judge could effect his object with the governor,

in fact, on the night succeeding the day of his arrival in Helena,

Daniels was arrested by the Vigilantes and hanged.

As I have endeavored to justify, in all cases where I deemed the

circumstances warranted it, the action of the Vigilantes in taking life,

so, as such circumstances were not apparent in this case, do I deem it a

duty to say that they committed an irreparable error in the execution of

this man. However much, by his threats and reckless conduct, he may have

deserved death, they had no right to inflict it. If he had been

wrongfully pardoned, he could easily have been rearrested. He was a

single individual in the midst of a populous community, warned by his

threats of his designs, which could easily have been thwarted by

arresting him, or by setting a careful watch over his actions. No excuse

can be offered for the course that was pursued. This, at least, was one

case where the Vigilantes exceeded the boundaries of right and justice,

and became themselves the violators of law and propriety.

I was at that time a member of the Executive Committee of the Virginia

City branch of the Vigilante organization, and that Committee disavowed

all responsibility for the execution of Daniels, and expressed its

disapproval of that act, which, it was believed, did not have the

official sanction of the Executive Committee of Helena, but was regarded

as the unauthorized act of certain irresponsible members of the

organization at Helena.

And I will here take occasion to say that this was not an isolated

instance. Under the pretence of Vigilante justice, after the

establishment of courts of justice in Montana, and when many of the

respectable citizens of the Territory had virtually abandoned the order,

a few vicious men continued occasionally to enforce its summary

discipline. Several individuals were hanged who had been detected in

stealing horses, several for giving utterance to threats of vengeance,

and several on mere suspicion of having committed crime. As soon as this

order of things was understood by the people, the Vigilante institution

was brought to an end, and the men who had misused its powers were given

to understand that any further employment of them would probably cause

it to react upon themselves. These abuses had not been frequent, and

when discovered were promptly terminated.

Vigilante Days and Ways The pioneers of the Rockies; the makers and making of Montana and Idaho · 第 46 / 51 章