The result of the Grand Jury session was the returning of indictments against R. E. Leventon, Isom Eades and James Brown. As the case against Brown appeared to be the best, he was "brought to trial" November 21, 1901. Assistant Attorney-General Post and Deputy Attorney George Sturtevant were sent from the Attorney-General's office to prosecute the case. The prisoner was defended by ex-Judge G. F. Harris, E. V. Spencer and John E. Raker.
Soon after the trial began Judge Post sent for a noted gunfighter named Danny Miller. And during all those weary three months of the trial he could be seen trotting around after Post, his mustache turned up, a la William of Germany, like a rat terrier following a mastiff, to the infinite amusement of the small boy and utter disgust of sensible men. Gibson, the noted San Francisco detective, was here, assisted by other detectives and a dozen or more local head hunters, who were after a share of the big reward. District Attorney Bonner was pushed aside and completely ignored. He was not even given an insight into what was going on. In justice to Mr. Sturtevant I want to say that he had no hand in the high-handed measures adopted by Post and Harrington. And had he been in control the result of the Brown trial might have ended differently. Indeed, so favorably were the people of Modoc impressed with Mr. Sturtevant that members of both parties—prominent citizens—went to him and offered him the Superior Judgeship at the coming fall election. For reasons of his own he declined, and before the end of the Brown trial left in disgust.
At one stage of the proceedings there was talk of supplying troops from the National Guard to preserve order. And yet there had at no time been a breach of the peace or threats made except by the man Miller. On one occasion Miller drew a revolver in the court room and attempted to shoot Attorney Raker. At another time he beat a young man named Russell over the head with a gun for some fancied offense. A brother of young Russell kept the principal hotel in the town, and both had been open in their denunciation of the lynchers. I mention these facts to show why it was that the citizens of the county turned from nine-tenths in favor of prosecuting the lynchers to the utmost limit, to nine-tenths the other way.
Early in January Detective Gibson went to a young man who was stranded in Alturas with his wife and offered him a portion of the reward, amounting to $900, to testify to a certain matter. The young man and his wife were working, for their board, but he told Gibson that he knew nothing of the matter and that poor as he was he would not swear to a falsehood. Gibson went away, but returned a few nights, later and again tried to get him to testify, saying that the men were guilty and that no one would ever be the wiser. Slavin (the young man's name) then told Gibson that if he ever came to his home with such a proposal that he, Slavin, would shoot him like a dog. All these attempts at bribery soon became known and filled citizens everywhere with consternation. They argued that under such methods an innocent man might be sacrificed that a lot of head hunters could gain a big reward.
On January 4th, 1902, Mary Lorenz, a half breed daughter of old Mary Hall, swore to a warrant charging, fifteen others with complicity in the lynching. All were arrested, but not one was found to be armed. They were placed in jail, and on the 10th indictments were filed charging each one with five different murders.
The causes leading to these arrests were said to be the confessions of
John Hutton and Claude Morris.
It subsequently developed that Morris was taken to a room, there plied with whisky by the detectives, aided by Simmons, and at two o'clock in the morning signed an affidavit that had been prepared for him. After he regained consciousness he denied the whole thing, but was told that he would be sent to the penitentiary for perjury if he went back on the confession he had signed before a notary public. Under the circumstances the poor, weak boy, kept under guard and away from friends and relatives, was compelled to stick to the evidence that had been prepared for him.
As the trial of Brown dragged its "slimy length along," the scenes in the court room at times beggared description. Harrington, badgered by the attorneys for the defense, raved like a madman, and generally ended by sending one or more of the attorneys for Brown to jail. He refused to permit any evidence to be introduced for the purpose of impeachment. Disinterested men were brought from Tule Lake to prove that the boy Hutton was on his way to Lookout from that place when the lynching took place. Another witness was placed on the stand and testified that he stood on the ground, back of Leventon's shop and saw certain of the accused, among them Brown, and heard them plotting. Harrington refused to permit any evidence to be introduced tending to impeach the witness.
When Harrington would rule against the admission of this evidence, Harris, Raker or Spencer would argue the point and manage to get the evidence before the jury and end by going to jail. The attorneys took turns going to jail, but managed for one to remain outside to conduct the case. Thus wore away the weary months until the jury brought in a verdict of "not guilty." In conversation with one of the jurymen that morning he stated that the character of the witnesses for the prosecution was enough. They were Indians, half-breeds, and disreputable characters of every shade and degree.
The morning after the verdict was rendered not one of these creatures could be found. During the night they had fled and scattered like a covey of quail. They feared arrest for perjury, of which they were guilty. All that remained the next morning was General Post and his gun man, Danny Miller. They took the stage after breakfast and were seen no more. The prisoners were discharged one and two and three at a time and quietly returned to their homes.