A people’s court was organized and the trial commenced. It was a trial by the people EN MASSE. For our own part, knowing as we do the utter impossibility of all the voters hearing half the testimony; seeing, also, that the good and the bad are mingled, and that a thief’s vote will kill the well considered verdict of the best citizen, in such localities and under such circumstances, verdicts are as uncertain as the direction of the wind on next Tibb’s Eve. We often hear of the justice of the masses—“in the LONG run;” but a man may get hung “in the SHORT run”—or may escape the rope he has so remorselessly earned, which is, by a thousand chances to one, the more likely result of a mass trial. The chance of a just verdict being rendered is almost a nullity. Prejudice, or selfish fear of consequences, and not reason, rules the illiterate, the lawless, and the uncivilized. These latter are in large numbers in such places, and if they do right, it is by mistake. We are of Tenterden’s opinion in the matter of juries, (in cases like these.) “Gentlemen of the Jury,” said his Lordship, to eleven hard looking followers of a consequential foreman, in an appalling state of watch-chain and shirt frill, “Allow me to congratulate you upon the soundness of your verdict; it is highly creditable to you.” “My Lord,” replied the pursy and fussy little bald-pated and spectacled foreman, “The ground on which we based our verdict, was—” “Pardon me, Mr. Foreman,” interrupted the Judge, “Your verdict is perfectly correct; the ground on which it is based is most probably entirely untenable.” The favors of the dangerous classes are bestowed, not on the worthy, but on the popular, who are their uncommissioned leaders. Such favors are distributed like sailors’ prize money, which is nautically supposed to be sifted through a ladder. What goes through is for the officers; what sticks on the rounds is for the men.
James Brown and H. P. A. Smith, were in favor of a trial by twelve men; but E. R. Cutler opposed this, for he knew that the jury would have been impanneled by a Road Agent Sheriff. A vote was taken on the question, by “Ayes” and “Noes;” but this failing, two wagons were drawn up, with an interval between them. Those in favor of a trial by a jury of twelve went through first. Those who preferred a trial by the people traversed the vehicular defile afterwards. The motion of a jury for the whole prevailed.
Judge G. G. Bissell was appointed President by virtue of his office. He stated that it was an irregular proceeding, but that if the people would appoint two reliable men to sit with him, he would carry it through. This was agreed to, Dr. Steel and Dr. Rutar being chosen as associates. Three Doctors were thus appointed Judges, and naturally enough directed the “medicine talk” on the subject.
E. R. Cutler, a blacksmith, was appointed Public Prosecutor; Jem Brown was elected assistant; Judge H. P. A. Smith was for the defense, and the whole body of the people were Jurors. We may add that the jury box was Alder Gulch, and that the throne of Justice was a wagon, drawn up at the foot of what is now Wallace street.
The trial commenced by the indictment of Buck Stinson and Haze Lyons, and continued till dark, when the court adjourned. The prisoners were placed under a strong guard at night. They were going to chain them, but they would not submit. Charley Forbes said he “would suffer death first.” This (of course?) suited the guard of miners, and quick as a flash, down came six shot guns in a line with Charley’s head. The opinion of this gentlemen on the subject of practical concatenation underwent an instantaneous change. He said, mildly, “Chain me.” The fetters were composed of a light logging chain and padlocks.
All was quiet during the rest of the night; but Haze sent for a “leading citizen,” who, covered by the guns of the guard, approached and asked him what he wanted. “Why,” said he, “I want you to let these men off. I am the man that killed Dillingham. I came over to do it, and these men are innocent. I was sent here by the best men in Bannack to do it.” Upon being asked who they were, he named some of the best citizens, and then added, “Henry Plummer told me to shoot him.” The first half of the statement was an impossible falsehood, many of the men knowing nothing of the affair for several days after. The last statement was exactly true.
After breakfast, the trial was resumed, and continued till near noon. The attorneys had by this time finished their pleas, and the question was submitted to the people, “Guilty, or not Guilty?” A nearly unanimous verdict of “Guilty,” was returned. The question as to the punishment to be inflicted was next submitted by the President, and a chorus of voices from all parts of the vast assembly, shouted, “Hang them.” Men were at once appointed to build a scaffold and to dig the graves of the doomed criminals.
CHAPTER XII.
In the meantime, Charley Forbes’ trial went on. An effort was made to save Charley on account of his good looks and education, by producing a fully loaded pistol, which they proved (?) was his. It was, however, Buck Stinson’s, and had been “set right” by Gallagher. The miners had got weary, and many had wandered off, when the question was put; but his own masterly appeal, which was one of the finest efforts of eloquence ever made in the mountains, saved him.
Forbes was a splendid looking fellow—straight as a ramrod; handsome, brave and agile as a cat, in his movements. His friends believed that he excelled Plummer in quickness and dexterity at handling his revolver. He had the scabbard sewn to the belt, and wore the buckle always exactly in front, so that his hand might grasp the butt, with the forefinger on the trigger and the thumb on the cock, with perfect certainty, whenever it was needed, which was pretty often.