On another occasion, they saw the smoke of a camp-fire, in close proximity to the road, and Wagner, who noticed it even sooner than his guards, at once thought that it must be the expected rescuers. He sang and whistled loudly, as long as they were within hearing, and then became sad, silent and downcast.
“Fortune favors the brave,” and they arrived without interruption, at Horse Prairie. Neil Howie rode on to Bannack to reconnoitre—promising to be back, if there was any danger, in an hour or so. After waiting for two hours, Fetherstun resumed his journey and brought in his man, whom he took to his hotel. Neil met Plummer and told him of the capture of Wagner. The Sheriff (?) demanded the prisoner; but Neil refused to give him up. He soon found out that he would be backed by the “powers behind the throne.” There were no Vigilantes organized in Bannack at that time; but four of the Committee, good men and true, were, even then, in the saddle, on their road from Virginia, with full powers to act in the matter. Neil knew very well that a guard under the orders of Plummer, and composed of Buck Stinson, Ned Ray and their fellows, would not be likely to shoot at a prisoner escaping.
Dutch John proposed to Fetherstun that they should take a walk, which they did. Fetherstun did not know Bannack; but they sauntered down to Durand’s saloon. After a few minutes had elapsed, Neil came in, and told Fetherstun to keep a close watch on Wagner, stating that he would be back in a few minutes. The two sat down and played a couple of games at “seven-up.” Buck Stinson and Ned Ray came in and shook hands with the prisoner. Four or five more also walked up, and one of them went through that ceremony very warmly, looking very sharply at Fetherstun. After taking a drink, he wheeled round, and, saying that he was on a drunk, stepped out of doors. This raised Fetherstun’s suspicions, which were apparently confirmed when he came in after a few minutes, with a party of nine. The whole crowd numbered fifteen. Fetherstun made sure that they were Road Agents; for one of them stepped up to John and said, “You are my prisoner.” John looked at his quondam jailor, and laughed. Fetherstun understood him to mean “You had me once, and now I have you.” He stepped into the corner and drew his revolver, fully expecting death, but determined to put as much daylight through them as the size of his lead would allow. He permitted them to take away the prisoner, seeing that resistance was absurd, and went off to his hotel, where he found four or five men, and being told, in answer to his question, that Neil had not been there, he said, “Gentlemen, I don’t know whom I am addressing; but if you’re the right kind of men, I want you to follow me; I am afraid the Road Agents have killed Neil Howie; for he left me half an hour ago, to be back in five minutes.” They all jumped up, and Fetherstun saw that they were the genuine article. He was taking his shot-gun, when a man put his head in at the door and told him not to be uneasy. The rest seemed satisfied. He asked if he could go too, and was answered “no.” He said he would go, anyhow, and started down street, gun in hand. He could not see the man, but walking on, he came to a cabin and descried Dutch John, surrounded by a group of some twenty men. He knocked, but was refused admittance. The party did not know him. It was a mutual mistake. Each thought the other belonged to the class “Road Agent.” Fetherstun said Wagner was his prisoner, and that he must have him. They said it was all right; they only wanted to question him. The same mistake occurred with regard to Neil Howie, whom Fetherstun found shortly after, being aided by one of the new captors. He was as hot as calf love at the news, but, like it, he soon cooled, when he saw things in the right light.
The men at once gave up the prisoner to Neil and Fetherstun, who marched him back to the hotel, and, afterwards, to a cabin. Seven or eight parties gathered and questioned him as to all that he knew, exhorting him to confess. He promised to do so, over and over again; but he was merely trying to deceive them and to gain time. The leader in the movement took up a book, observing that he had heard enough and would not be fooled any more. The remainder went on with their interrogations; but at last ceased in despair of eliciting anything like truth, from John.
The literary gentleman closed the book, and approaching Wagner, told him that he was notoriously a highwayman and a murderer, and that he must be hanged; but that if he had any wish as to the precise time for his execution he might as well name it, as it would be granted if at all reasonable. John walked up and down for a while, and then burst into tears, and, lamenting his hard lot, agreed to make his confession, evidently hoping that it might be held to be of sufficient importance to induce them to spare his life. He then gave a long statement, corroborating Red’s confession in all important particulars; but he avoided inculpating himself to the last moment, when he confessed his share in the robbery of the train by himself and Steve Marshland. This ended the examination for the night.
It was at this time that the Vigilance Committee was formed in Bannack. A public meeting had been held in Peabody’s to discuss the question, and the contemplated organization was evidently looked upon with favor. The most energetic citizen, however, rather threw cold water on the proposition. Seeing Ned Hay and Stinson there present, he wisely thought that that was no place for making such a movement, and held himself in reserve for an opportunity to make an effort, at a fitting time and place, which offered itself in the evening.
At midnight he had lain down to rest, when he was awakened from sleep by a summons to get up, for that men had come from Virginia to see him. He put on his clothes hastily, and found that four trustworthy individuals had arrived, bearing a communication from the Vigilantes of Virginia, which, on inspection, evidently took for granted the fact of their organization, and also assumed that they would be subordinate to the central authority. This latter question was put to the small number of the faithful, and, by a little management, was carried with considerable unanimity of feeling. It was rather a nice point; for the letter contained an order for the execution of Plummer, Stinson and Ray—the first as captain, and the others as members of the Road Agent Band. Four men had comprised those first enrolled as Vigilantes at Bannack.
It was resolved to spend the following day in enlisting members, though no great progress was made after all.
Towards night, the people, generally, became aware that Wagner was a prisoner and a Road Agent. No one would let him into his house. Neil Howie and Fetherstun took him to an empty cabin on Yankee Flat.