The stern yet righteous retribution which the Vigilantes had inflicted on the murderers and marauders in the southern and western part of the Territory had worked its effect, and little need was there of any further examples for a long time in the vicinity of Virginia and Bannack; but the restless spirit of enterprise which distinguishes the miners of the West soon urged the pioneers to new discoveries, creating another center of population, and thither, like a heron to her haunt, gathered the miners, and, of course, those harpies who live by preying upon them.
Many others who had spent a roving and ill-regulated life, poured into the new diggings, which bore the name of bast Chance Gulch, situated on the edge of the romantic valley of the Prickly Pear, where now stands the flourishing city of Helena, in the county of Edgerton, second in size and importance only to Virginia, and rapidly increasing in extent, wealth and population. This place, which was then regarded as a new theater of operation for the desperadoes, is almost one hundred and twenty-five miles N. N. W. from the metropolis of Montana; and no sooner were the diggings struck, by a party consisting mainly of Colorado men, than a rush was made for the new gulch, and a town arose as by magic. As usual in such cases, the first settlers were a motley crowd, and though many good men came with them, yet the number of "hard cases" was great, and. was speedily increased by refugees from justice, and adventurers not distinguished for morality, or for any undue deference for the moral precepts contained in the sixth and eight commandments.
Among the desperadoes and refugees who went over there was Harry Slater -a professional gambler, and a "rough" of reputation. At Salt Lake he would have shot Colonel W. F. Sanders in the back, had he not been restrained; and many an outrage had he committed. His sudden flight from Virginia alone saved his neck, a mere accident having saved him from summary execution, the night before he left for Helena, where he met his death at the hands of John Keene, formerly a barkeeper to Samuel Schwab, of the Montana Billiard Saloon in Virginia, and originally, as will be seen from the biographical sketch appended to this chapter -from the "River," where, as "Bob Black," he figured as a first-class murderer and robber, before he came to the mining regions, and, quarreling with Slater at Salt Lake City, roused again those evil passions, the indulgence of which finally brought him to the fatal tree, in Dry Gulch, where the thieves and murderers of the northern section of the country have so often expiated their crimes by a sudden and shameful death.
Slater arrived first in Helena, and Keene, who had signalized his stay in Virginia by attempting to kill or wound Jem McCarty, the bar-keeper at Murat's Saloon (better known as the 'Court's') with whom he had a quarrel, by throwing large pieces of rock at him through the window, at midnight. He however missed his mark; the sleepers escaped and the proprietors sustained little more damage than the price of broken windows.
Slater did not know that Keene was in town, and was sitting in the doorway of Sam Greer's saloon, with his head down and his eyes shaded by his hat. Keene was walking along the street, talking to a friend, when he spied Slater within a few feet of him, and without saying a word, or in any way attracting the notice of Slater, he drew his pistol and fired two shots. The first took effect over the outer angle of the eye, ranging downwards, and producing instant death. The murderer put up his pistol and turned quickly down an alley, near the scene of the murder. Here he was arrested by C. J. D. Curtis, and "X," coming up, proposed to deliver him over to Sheriff Wood. This being done, the Sheriff put him, for want of a better place, in his own house, and kept him well guarded. As thousands of individuals will read this account who have no distinct or accurate notion of how a citizen trial in the West is conducted, the account taken by the special reporter of the Montana Post, which is minutely exact and reliable in all its details, is here presented. The report says that after the arrest of Keene and his committal to the custody of the Sheriff, strong manifestations of disgust were shown by the crowd, which soon collected in front of the temporary prison, and a committee at once formed to give the murderer a hasty trial. Sheriff Wood, with what deputies he could gather round him in a few moments, sternly and resolutely refused to deliver the prisoner into the hands of the Committee, and at the same time made the most urgent and earnest appeals to those demanding the culprit; but finally, being carried by main force from his post, and overpowered by superior numbers, his prisoner was taken from him.
A court-room was soon improvised in an adjacent lumber yard, the prisoner marched into, and the trial immediately commenced, Stephen Reynolds presiding, and the jury composed of Messrs. Judge Burchett (foreman), S. M. Hall, Z. French, A. F. Edwards,---Nichols, S. Kayser, Edward Porter, Shears, Major Hutchinson, C. C. Farmer and Ed. House.
No great formality was observed in the commencement of the impromptu trial. Dr. Palmer, Charles Greer and Samuel Greer were sworn to testify. Dr. Palmer started to give his evidence, when he was interrupted by the culprit getting up and making a statement of the whole affair, and asserting that he acted in selfdefense, as the deceased was in the act of rising with his hand on his pistol, and had threatened to take his life, and on a former occasion, in Great Salt Lake City, had put a derringer into his mouth.
A Mr. Brobecker then got up and made some very appropriate remarks, cautioning the men on the jury not to be too hasty, but to well and truly perform their duty; weigh the evidence well, and give a verdict such as their conscience would hereafter approve.
Sam Greer then testified to being an eye-witness of the deed. Heard the first shot; did not think anybody was hit; told Keene to "hold on," when he saw Slater fall over; did not hear any words spoken by either of the parties; did not know for certain whether the prisoner was the man who shot plater.
Prisoner -I am the gentleman.
Dr. Palmer said that when he made an examination of the deceased he did not find a pistol in his scabbard.
Sam Greer -The pistol was put into my hands and placed behind the bar by me after the shooting took place.
Charley Greer (sworn) -I have been sick lately, and was too excited to make any close observation; was not more than three or four feet from the party killed, when the shooting occurred; thought the man was shooting at some dogs in the saloon.
Charles French (sworn) -says -Came down street, stopped first door below Lyon's Barber shop, at the clothing store of Rarned; saw a man coming up the street towards Greer'a saloon; heard some on cry, "Don't shoot, John; you'll hurt somebody." Soon after saw the man shoot, thought he was only firing off his pistol to scare somebody; but he saw the deceased man fall, and the other go down street and turn into an alley. Don't know the man that fired the shots.
Q.-Is this the man?
A.-Cannot tell; it is too dark. (A candle was brought.) I think it is the same man; I am pretty certain it is.
Dr. Palmer again testified -The deceased was shot over the right eye; never spoke, and died in three minutes after being shot.
James Binns (sworn) -Was on the opposite side of the street; heard the first shot fired, and saw the second one; heard Greer say, "hold on," and saw the man fall over, and the other. man go through the alley.
(Calls by the crowd for James Parker.)
James Parker (sworn) -Keene overtook me today on the summit, coming from Blackfoot. We rode together. He inquired of me whether Slater was in town, and told me of some difficulty existing between them, originating in Salt Lake City; Slater having thrust a derringer into his mouth, and ran him out of the city.
Prisoner here got up and said that he had told Parker he hoped he should not see Slater, as he did not want any difficulty with him, or some such conversation.
James Geero (Hogal) called for (sworn) -(Here the wind extinguished our candle, and being in the open air, before we could relight it, we missed all the testimony but the last words.-Reporter.) Know nothing about the shooting affair.
At this moment a voice in the crowd was heard crying, "John Keene come here" -which caused the guards to close around the prisoner.
Mr. Phillips (sworn) -Don't know anything about the affair, but saw Slater fall; don't know who fired; know what Jem Geero says to be true. Saw Slater sit in this position (here Mr. P. showed the position Slater was in when shot); saw Slater sitting in the door; did not see him have a revolver.
Prisoner asked to have some witnesses sent for; he said that the original cause of his trouble with Slater was his taking Tom Baum and Ed. Copeland's part in a conversation about the Vigilance Committee of last year. Slater then called him a Vigilante-----, and drove him out of town; this was in Salt Lake City. Then he went to Virginia City, and from there to Blackfoot. Slater was a dangerous man; he had killed two men in Boise. He said he had gone to work at mining in Blackfoot, and came over to Helena on that day to see a man -Harlow. "When I first saw Slater today he smacked my face with both hands and called a---Irish-----, and said he would make me leave town. I went and borrowed a revolver of Walsh." He requested them to send for an Irishman called Mike, who works on the brickyard, and who heard the last conversation. He wanted Mr. Phillips to give a little more testimony.
Mr. P.-I know him to go armed and equipped; saw him draw a weapon on a former occasion; saw him make a man jump down twenty pair of stairs.
Motion of the jury to retire. Cries of "aye!" and "no! go on with the trial." A voice -"send for Kelly, the man who was talking to Slater at the time he was shot." Cries of "Mr. Kelly! Mr. Kelly!" and "Dave St. John." Neither of these men could be found.
A motion to increase the number of the guard to forty was carried.
Prisoner again asked to have men sent for his witnesses.
Jack Edwards -I am willing to wait till morning for the continuance of the trial, but the guard must be increased; I hear mutterings in the crowd about a rescue.
A voice -It can't be done.
Prisoner -I want a fair and just trial.
Preparations were now made for a strong guard, forming a ring round the prisoner.
Objections were raised, at this juncture, to whispering beings carried on between the culprit and his friends.
A report came in that the Irish brickmaker could not be found at his shanty.
A motion to guard the prisoner till morning, to give him time to procure witnesses, was lost; but being afterward reconsidered, it was finally carried.
Judge N. J. Bond then got up, and in a short and able speech to the jury, advised them to hear more testimony before convicting the prisoner. He also proposed the hour of eight a. m. next day for the meeting of the jury, and the hour of nine a. m. for 'bringing in their verdict. The latter proposition was agreed to, and the prisoner taken in charge by the guard.
The dense crowd slowly dispersed, talking in a less bloodthirsty strain than they had done three or four hours before.
SECOND DAY.
The morning dawned serenely upon a large concourse of people standing before the prison and in front of the California Exchange -the place selected for a jury room.
The jury met a few minutes past eight a. m. and Mr. Boyden was sent for, and the examination of witnesses resumed.
Mr. B. (sworn) -I have known Keene from childhood; know his parents and relatives; met Keene yesterday on the street; did not know him at first sight, until he spoke to me; told me that he was looking for a gentleman in town who had as an act of kindness taken up some claims for him; was walking up street with me; then stopped to shake hands with a man named Kelly, who was sitting on some logs in the street, when we left him. Keene walked faster than I did, and was a few steps ahead. of me; when in front of Greer's saloon I saw a man sitting in the door (Greer's); did not see Keene draw his revolver, but saw the first shot fired, and heard Keene say, "You, you have ruined me in Salt hake City." This was said after the shooting. Do not think Slater saw Keene at all. Slater was sitting down; I was about five feet from both men; John Keene was about ten feet from plater.
Q.-Was Kelly with you at that time?
A. No; Kelly never left the place where he shook hands with Keene.
Q.-Do you know anything about his character?
A.-I have known him for about ten years; he left St. Paul about eighteen months ago; know nothing about his course or conduct since that time; he was considered a fast young man, but good and kind-hearted; when I conversed with him yesterday he spoke about a man that had ruined him in Salt Lake City, but he did not mention any names; I did not know anything of the particulars of his (prisoner's) former difficulties with Slater; never saw Slater and Keene together.
Michael McGregor (sworn) -I saw Keene in the afternoon; he came to me in the flat (a point in the lower part of the gulch); shook hands with me, and then left for town; did not know of the difficulty between Slater and Keene; Keene never spoke to me about it.
D. St. John (sworn) -Don't know anything about the shooting affair; was fifteen miles from here when it took place. (The witness here gave testimony not bearing directly on the case, which was not admitted.)
This closed the examination. The jury went into secret session.
At ten minutes to ten o'clock, the jury came from their room to the place of trial, in the lumber yard, where preparations were made immediately for the reception of the prisoner.
At ten o'clock, the culprit made his appearance on the ground, under an escort of about fifty well-armed men. A circle was formed by the guard and the prisoner placed in the center. His appearance was not that of a man likely to die in a few minutes. He looked bravely around the crowd, nodding here and there to his acquaintances, and calling to them by name. Captain Florman having detailed his guard, gave the word, "All ready." The foreman of the jury then opened the sealed verdict: "We, the jury, in the case of the people of Montana versus John Keene, find him guilty of murder in the first degree." A Voice -"What shall be done?"
Several voices in the crowd -"Hang him! hang him!"
The President here rose and said he wished to hear some expression of the public sentiment or motions in the case.
Calls were made for Colonel Johnson. The Colonel addressed the assembly in an appropriate speech, which was followed by a few short and pertinent remarks from Judge Bond.
On motion of A. J. Edwards, the testimony of Messrs. Royden and Michael McGregor was read, and thereupon Judge Lawrence rose and said he was sure Keene had all the chance for a fair trial he could have wished, and motioned to carry the jury's verdict into execution. Passed.
The prisoner here got up and said, "All I wanted was a fair and just trial; I think I have got it, and death is my doom; but I want time to settle up my business; I am not trying to get away."
He was granted an hour's time to prepare for his execution. The committee fixed the hour of execution at half-past eleven o'clock a. m. Keene remarked that he hadn't any money to pay expenses -and was told that it should not cost him a cent. The guard now took charge of the doomed man, and escorted him to an adjacent house in order that he might arrange his affairs.
At eleven a. m. crowds of people could be seen ascending the hill north of Helena, and not a small number of ladies were perceptible in the throng. The place of execution was chosen with a due regard. to convenience and economy -a large pine tree, with stout limbs, standing almost alone, in a shallow ravine, was selected for the gallows.
At eleven a. m. the prisoner, accompanied by the Rev. Mr. McLaughlin, arrived in a lumber wagon. A dry goods box and two planks, to form the trap, were in the same vehicle. The unfortunate victim of his unbridled passions sat astride of one of the planks, his countenance exhibiting the utmost unconcern, and on his arrival at the tree he said, "My honor compelled me to do what I have done." He then bade good-by to some of his acquaintances. The wagon having been adjusted so as to bring the hind axle under the rope, a plank was laid from the dry goods box to another plank set upon end, and the trap was ready.
At four minutes to twelve o'clock, the prisoner's arms were pinioned, and he was assisted to mount the wagon. Standing on the frail platform, he said, in a loud and distinct voice: "WhatI have done, my honor compelled me to do. Slater run me from Salt Lake City to Virginia, and from there to this country. He slapped me in the face here yesterday; and I was advised by my friends to arm myself. When Slater saw me, he said, 'There is the Irish; he has not left town yet.' Then I commenced firing. My honor compelled me to do what I have done." Here he called for a drink of water, which was procured as speedily as it could be brought to the top of the hill. He took a long, deep draught of the water, and the rope was adjusted round his neck. A handkerchief being thrown over his face, he raised his hand to it and said, "What are you putting that there for? Take it off." Stepping to the end of the trap, he said: "What I have done to Slater I have done willingly. He punished me severely. Honor compelled me to do what I have done. He run me from town to town; I tried to shun him here but he saw me -called me a-----, and smacked me in the face. I did not want any trouble with him; my honor compelled me to do what I have done. I am here, and must die; and if I was to live till tomorrow I would do the same thing again. I am ready; jerk the cart as soon as you please."
At seven minutes past twelve the wagon started, the trap fell, and Keene was launched into eternity. He fell three and a half feet without breaking his neck. A few spasmodic struggles for three or four minutes were all that was perceptible of his dying agonies. After hanging half an hour, the body was cut down and was taken in charge by his friends.
So ended the first tragedy at Helena. The execution was conducted by Mr. J. X. Biedler, and everything went off in a quiet and orderly manner. Many familiar faces, known to Virginia men in the trying times of the winter of '64 were visible.
The effect, in Helena, of this execution was electrical. The roughs saw that the day had gone against them, and trembled for their lives. There were in town, at that time, scores of men from every known mining locality of the West, and many of them were steeped to the lips in crime. Such a decision as that now rendered by a jury of the people boded them no good. They saw that the citizens of Montana had determined that outrage should be visited with condign punishment, and that prudence dictated an immediate stampede from Helena. Walking about the streets, they occasionally approached an old comrade, and furtively glancing around, they would give expression to their feelings in the chartered form of language peculiar to mountaineers who consider that something extraordinary, unjust, cruel or hard to bear, is being enacted: "Say, Bill, this is rough, ain't it?" To which the terse reply was usually vouchsafed, "It is, by thunder; rough." Cayuses began to rise rapidly in demand and price. Men went "prospecting" (?) who had never been accused of such an act before; and a very considerable improvement in the average appearance of the population soon became visible.
A constant stream of miners and others was now pouring into the Territory, from the West, and the consequence was that the thinking portion of the citizens of Helena began to see that a regular organization of an independent Vigilance Committee was necessary to watch over the affairs of the young city, and to take steps for both the prevention of crime and for the punishment of criminals. There were in the town a considerable number of the old Committee; these, with few exceptions, gave the movement their sanction, and the new body was speedily and electively organized, an executive elected, companies formed, under the leadership of old hands who had mostly seen service in the perilous times of '63-64. A sketch of their subsequent operations will appear in this work, and also an account of the terrible massacre and robbery of the passengers of the Overland coach, in the Portneuf canyon, near Snake River, I. T., together with an account of the capture and execution of Frank Williams, who drove the stage into the ambush.
As it was asserted by Keene that Slater had slapped him in the face, and otherwise insulted him in Helena, before the firing of the fatal shot, it is proper to state that such was not the case. Slater was entirely ignorant of IIeene's presence in town; in fact, the other, it will be remembered, had only just previously arrived there, riding with the witness who swore he crossed the Divide in his company. It is also an entire mistake to suppose that Keene was a man of good character or blameless life. The following statement of his previous career of crime, in the East, will be read with interest by many who are under the impression that the murder of Slater was his first offense. It is taken from the Memphis Appeal, of November 24th, 1865, and, of course, was written without any intention of being published in this work, or of furrnishing any justification of the Vigilance Committee. If such had been the intention, it would have been a work of supererogation, for never was a case of murder in the first degree more fully proven. The homicide in broad daylight, and the evident malice "prepense" were matters of public notoriety.
"Of the many strange circumstances born of and nurtured by the past war, a parallel to the catalogue of crime herein given has been rarely, if ever, met with.
"In this vicinity, near three years ago, the name of 'Bob Black' has, on more than one occasion, struck terror to the hearts of a large number of countrymen, cotton buyers and sellers, whose business compelled them to enter or make their exit from the city by the way of the Hernando Horn Lake roads.
" 'Bob Black' came to this city about six years ago, bringing with him a good character for honesty and industry, and continued to work steadily here until the outbreak of the war. At that time he desired to enter the gunboat service, and for that purpose left this city for New Orleans; and, after remaining there some time, he joined the crew of a Confederate ram, the name of which has since slipped our memory. While on his way up from New Orleans, he became enraged at some wrong, real or fancied, at the hands of the captain of the ram, and being of a very impulsive nature, seized a marling-spike, and with a blow felled the captain to the deck. He was immediately placed in irons, and upon the arrival of the gunboat at Fort Pillow, was handed over to General Villipigue, for safe keeping. A court-martial was ordered, and while in progress, the evacuation of Fort Pillow became necessary, and the prisoner was transferred to Grenada, Mississippi. In the confusion of everything about Grenada at that time, he managed to effect his escape, and passing immediately through the Confederate lines, reached Memphis a few days after its occupation by the Federal authorities. Without any means to provide himself with food or clothing, with a mind borne down with trouble and suffering, and bereft of every hope from which the slightest consolation might be derived, the once honest man was driven to a career of desperation and crime, which, if given in its details, would cause the bloodthirsty tales of the yellow-covered trash to pale for their very puerility and tameness.
"In this condition of mind and body he remained in the city for some time, wandering about here and there; until one day, while standing at the Worsham House corner, he became involved in a quarrel with one James Dolan, a member of the Eighth Missouri Regiment, a large and powerful man, while Black was a man of medium height and stature. Words between the parties waged furious, and finally Dolan struck Black with a cane which he had with him; but quickly warding off the blow, Black wrenched the cane from his adversary and dealt him a blow, which so fractured the skull of Dolan as to cause death within a short time thereafter. Black effected his escape from the city, and with a couple of accomplices, began a system of wholesale murder and robbery on the Hernando road. The atrocity and boldness of these acts created the greatest excitement in Memphis.
"Several parties were robbed of sums varying from one to as high as ten thousand dollars, and, in one instance, a speculator was compelled to disgorge to the amount of five thousand dollars in gold. Of course, these rascals, of whom Black was the leader, often met with men who would make resistance rather than give up their money and. in this way no less than three or four fell victims to the fiendish spirit exhibited by these scoundrels. It was finally agreed upon by the military commanders of the district, on both sides, that means should be taken which would ensure their capture. Accordingly a squad of Blythe's battalion of the rebel army, were sent in pursuit, and succeeded in capturing, about ten miles out of the city, Black and his companion, a fellow young in years, named Whelan. They were placed in the guard-house in Hernando, we believe, and at a pre-concerted signal attacked the guard, and mounting some horses belonging to the soldiers, made off at a rapid rate. The guard immediately started in pursuit, and coming upon Whelan, who was some distance behind Black, shot and killed him. Black again escaped, and applied himself with more vigor than ever to the plundering, stealing and robbing of everybody and everything that came within his reach. He would frequently ride into this city at night, passing through the lines at will; and, as an instance of. his audacity, on one occasion rode down Adams street, and fired several shots into the station-house. It was reported that he had accumulated large sums of money, and the report proved correct. As his business became either too tiresome or too dangerous, he came to the city, disguised, and took passage on a boat for the north.
Since that time, and until recently, nothing has been heard from him. It seems that after leaving Memphis he went to St. Paul, Minnesota, and embarked in the staging and saloon business, under his proper name, John Keene. His restless spirit could not stand the monotony of such a dull business (to him) and, organizing a band of some twenty men, he started for the Territories."