For awhile, the fugitive gained gradually, but surely, on his pursuers, heading for Daley’s Ranch, where his own fleet and favorite mare was standing bridled and saddled, ready for his use, (so quickly did intelligence fly in those days.) Fortune, however, declared against the robber. He was too hotly pursued to be able to avail himself of the chance. His pursuers seeing a fresh horse from Virginia and a mule standing there, leaped on their backs and continued the chase. Ives turned his horses’ head towards the mountains round Bivens’ Gulch, and across the plain, in that race for life, straining every nerve, flew the representatives of crime and justice. Three miles more had been passed, when the robber found that his horses’ strength was failing, and every stride diminishing. The steeds of Wilson and Burtchey were in no better condition; but the use of arms might now decide the race, and springing from his horse, he dashed down a friendly ravine, whose rocky and boulder strewn sides might offer some refuge from his relentless foes. Quick as thought, the saddles of his pursuers were empty, and the trial of speed was now to be continued on foot. On arriving at the edge of the ravine, Ives was not visible; but it was evident that he must be concealed within a short distance. Burtchey quickly “surrounded” the spot, and sure enough, there was Ives crouching behind a rock. Drawing a bead on him, Burtchey commanded him to come forth, and with a light and careless laugh he obeyed. The wily Bohemian was far too astute, however, to be thus overreached, and before Ives could get near enough to master his gun, a stern order to “stand fast,” destroyed his last hope, and he remained motionless until assistance arrived, in the person of Wilson.
Two hours had elapsed between the time of the escape and the recapture and return of the prisoner. A proposition was made to the captain to raise a pole and hang him there, but this was negatived. After gaily chatting with the boys, and treating them, the word was given to “Mount,” and in the centre of a hollow square, Ives began to realize his desperate situation.
Tidings of the capture flew fast and far. Through every nook and dell of the inhabited parts of the Territory, wildly and widely spread the news. Johnny Gibbons, who afterwards made such sly and rapid tracks for Utah, haunted with visions of vigilance committees, joined the party before they reached the canyon at Alder Creek, and accompanied them to Nevada. At that time he was a part owner of the Cottonwood Ranch, (Dempsey’s,) and kept the band well informed of all persons who passed with large sums of money.
The sun had sunk behind the hills when the detachment reached Nevada, on the evening of the 18th of December, and a discussion arose upon the question whether they should bring Ives to Virginia, or detain him for the night at Nevada. The “conservatives” and “radicals” had a long argument developing an “irrepressible conflict;” but the radicals, on a vote, carried their point—rejecting Johnny Gibbon’s suffrage on the ground of mixed blood. It was thereupon determined to keep Ives at Nevada until morning, and then to determine the place of trial.
The prisoners were separated and chained. A strong guard was posted inside and outside of the house, and the night came and went without developing anything remarkable. But all that weary night, a “solitary horseman might have been seen” galloping along the road at topmost speed, with frequent relays of horses, on his way to Bannack City. This was Lieut. George Lane alias Club-Foot, who was sent with news of the high-handed outrage that was being perpetrated in defiance of law, and with no regard whatever to the constituted authorities. He was also instructed to suggest that Plummer should come forthwith to Nevada; demand the culprit for the civil authorities, enforce that demand by what is as fitly called HOCUS POCUS as HABEAS CORPUS, and see that he had a fair (?) trial.
As soon as it was determined that Ives should remain at Nevada, Gibbons dashed up the street to Virginia, meeting a lawyer or two on the way—
“Where the carrion is, there will the vultures,” etc.
At the California Exchange, Gibbons found Messrs. Smith and Ritchie, and a consultation between client, attorney and PROCH EIN AMI, resulted in Lane’s mission to Bannack, as one piece of strategy that faintly promised the hoped for rewards. All of Ives’ friends were notified to be at Nevada early the next morning.
The forenoon of the 19th saw the still swelling tide of miners, merchants and artizans wending their way to Nevada, and all the morning was spent in private examinations of the prisoners, and private consultations as to the best method of trial. Friends of the accused were found in all classes of society; many of them were assiduously at work to create a sentiment in his favor, while a large multitude were there, suspicious that the right man had been caught; and resolved, if such should prove to be the case, that no loop-hole of escape should be found for him, in any technical form of the law.
Although on the eve of “Forefathers’ Day,” there was in the atmosphere the mildness and the serenity of October. There was no snow, and but little ice along the edges of sluggish streams; but the Sun, bright and genial, warmed the clear air, and even thawed out the congealed mud in the middle of the streets. Little boys were at play in the streets, and fifteen hundred men stood in them, impatient for action, but waiting without a murmur, in order that everything might be done decently and in order.