Wilson, who had been searching in a different direction, now came up and aided in securing the prisoner, with whom they soon rejoined the rest of the company. The two hours which had elapsed between the escape and recapture, were pregnant with wisdom for the almost disheartened scouts.
“Let us raise a pole and hang him at once,” said one of them, as the captors rode up with their prisoner.
Several voices raised in approval of this recommendation, were at once silenced by a very decided negative from the remainder of the company. Ives, meantime, commenced chatting gayly with the crowd, and treated them to a “drink all round.” The cavalcade, formed in a hollow square, with their prisoner in the centre, then rode quietly on to Nevada, arriving soon after sunset.
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.