In the morning, Brady was taken before the Committee, who sat in the Adelphi Hall, whither they had been convened for that purpose. About fifty members were present and the charge against the prisoner was thoroughly investigated. The trial commenced about 11 A. M.
Meanwhile, Kelly had confessed that he had kept bar for Brady, on that day, and that he knew that there was an old quarrel, and consequently ill-feeling existed between Brady and Murphy. The commencement of this feud dated back as far as the preceding summer. This much of his testimony was correct and truthful, and was corroborated by other witnesses. He then went on to swear that he had nothing to do with the murder himself; that the first thing he knew about the affray was the firing of a shot through the window, followed by the discharge of another into the door-step, and before he could see who it was that had done the deed, the man had run away.
Brady, at first, pretended that he had shot the wrong man by mistake; but he admitted, at his trial that he had really aimed and fired the (supposed) fatal shot. He said that had he been sober, he would not have committed the rash act, and he added, that after shooting, he went next door to his cabin, and sat there for about five minutes; that he then became uneasy, and started for Virginia, flinging his pistol away into the gulch, on his road up. The pistol was found and produced at the trial.
The evidence produced was so entirely conclusive as to admit of no doubt. The offense was deliberate and cold-blooded murder, so far as the prisoner was concerned, and he believed the same till the moment of his execution. Sentence of death by hanging was pronounced.
With regard to Kelly, the evidence adduced at the trial had led to some new developments concerning his share in the transaction. It was positively sworn that he had handed the pistol to Brady, across the bar; and that the understanding was that he was to take the assassin’s place, inside the saloon, leaving him free to act on the outside; that, on receiving the pistol, Brady went out with it under his coat, and going into his cabin, he remained there for a few minutes, and then, walking to the window he fired, with deliberate aim, through the window, without previous words, or warning of his intention.
Kelly was sentenced to receive fifty lashes on the bare back, which punishment he duly received, after the execution.
The prisoner (Brady,) sent for W. Y. Pemberton, now practising law at Helena, and requested him to settle his worldly affairs, in legal form. Accordingly, that gentleman drew his will, and the necessary deeds for the disposal of his property, after which he said that he must have a letter written to his daughter. He commenced to dictate it, but the language of the epistle reminded him so forcibly of his own wretched condition, that he was unable to proceed, and covering his face with his hands, he ran to his bed, exclaiming, “Oh! my God! finish it yourself.” The writer furnishes the following note of the letter:
“My Dear Daughter: You will never see me again. In an evil hour, being under the control and influence of whiskey, I tried to take the life of my fellow-man. I tried to shoot him through a window. He will in all probability die—and that, at my hands. I cannot say that I should not suffer the penalty affixed to the violation of law. I have been arrested, tried and sentenced to be hanged by the Vigilance Committee. In one short hour I will have gone to eternity. It is an awful thought; but it is my own fault. By the love I feel for you, in this, my dying hour, I entreat you to be a good girl. Walk in the ways of the Lord. Keep Heaven, God and the interest of your soul, before your eyes. I commend and commit you to the keeping of God. Pray for my soul. Farewell, forever.
Your father, James Brady.”
At four o’clock P. M., he was marched from his place of confinement to the gallows, escorted by a guard of two hundred men, fully armed. At least five thousand persons were present at the execution. The gallows was about half a mile east of Nevada, and to save time and expense, a butchers hoist was used for the purpose, a box and plank being rigged for a drop. When the rope had been adjusted, and the fatal preparations were all completed, he was asked if he wished to say anything to the people. He addressed the crowd, telling them that it was the first action of the kind that he had done; that he was intoxicated and insane; that he hoped his execution would be a warning to others, and that God would have mercy on his soul. The trap fell, and James Brady ceased to exist. After hanging for half an hour, the corpse was cut down and given to the friends of the deceased for burial.