CHAPTER XXVIII ROBBERY OF MOODY S TRAIN

One cold morning, a few days after the attempted robbery of Mr. Hauser and the writer, a train of three wagons, with a pack-train in company, left Virginia City for Salt Lake. Milton S. Moody, the owner of the wagons, had been engaged in freighting between the latter place and the mines ever since their first discovery. His route on the present trip lay through Black Tail Deer, Beaverhead, and Dry Creek canyons, so named after the several streams by which they are traversed. Bannack was left twenty miles to the right of the southern angle in the road at Beaverhead canyon, and, with the exception of three or four ranches, there were no settlers on the route.

Among the packers were Messrs. John McCormick, M.T. Jones, William Sloan. John S. Rockfellow, J.M. Bozeman, Melanchthon Forbes, and Henry Branson,-energetic business men, who had accumulated a considerable amount in gold dust, which they took with them to make payments to Eastern creditors. Buckskin sacks, containing about eighty thousand dollars, were distributed in cantinas through the entire pack train, no one pair of cantinas containing a very large sum. Besides this amount, there was in a carpet sack in one of the wagons, fifteen hundred dollars in treasury notes, enclosed in letters to various persons in the States, and sent by their friends and relatives in the mines.

The men in the train were well armed, and anticipated an attack by the robbers at some point on the route, but they determined upon fighting their way through. Plummer had been on the watch for their departure a week or more before they left, and through his spies was fully informed of the amount they took with them. He made preparations for surprising them in camp after nightfall on their second day out, well knowing that some would then be seated, others lying around their camp fires, and others still spreading their blankets for the night. Two of the boldest men in the band, John Wagner, known as "Dutch John," and Steve Marshland, were selected for the service. They followed slowly in track of the train.

Coming in sight of the campfire in Black Tail Deer Canyon, after dark on the evening appointed, they hitched their horses in a thicket at a convenient distance, and, with their double-barrelled guns loaded with buckshot, crawled up, Indian fashion, within fifteen feet of the camp. By the light of the fire, they were enabled to take a survey of the party and its surroundings. The campers were dispersed in little groups engaged in conversation, ignorant of the approach of the robbers, but fully prepared to meet them.

Mr. McCormick, who had done some friendly services for Ives, was warned by him, when on the eve of departure, not to sleep at all, never to be off his guard, nor separate from his comrades, but to keep close in camp until after they had crossed the range. As soon as the robbers comprehended the situation, they withdrew to the thicket and held a consultation. Wagner, the bolder of the two, proposed that they should steal again upon the campers, select their men, and kill four with their shot-guns, it being quite dark; that they should then, by rapid firing, quick movements, and loud shouting, impress the survivors with the belief that they were attacked by a numerous force in ambush.

"They will then," said Wagner, "run away, and leave their traps, and we can go in and get them."

This scheme, none too bold or hazardous for Wagner to undertake, presented a good many embarrassments to the more timid nature of his companion. Bold as a lion at the outset, he now found his courage, like that of Bob Acres, "oozing out of his fingers' ends." The more Wagner urged the attack, the stronger grew his objections, until at length he flatly refused, and the experiment was abandoned until the next morning.

The campers knew nothing of this. One by one they sank to rest, and arose early the next morning to pursue their journey. While seated around the camp-fire at breakfast, near a sharp turn in the road, their attention was suddenly arrested by a voice issuing from the thicket, uttering the following ominous words: - In a twinkling every man sprang for his gun and cocked his revolver. The sharp click, that "strange quick jar upon the ear," probably satisfied the robbers that they had been overheard, for in a few moments after up rode Wagner and Marshland, with their shot-guns thrown across their saddles, ready for use. The confused expression of the robbers when they saw that every man was prepared for their approach, betrayed their criminal designs. Recovering themselves in a moment, Marshland, who recognized Sloan, in a friendly tone called out,-

"How do you do, Mr. Sloan?"

"Very well, thank you," replied Billy, laying particular stress upon the complimentary words, the significance of which would have been more apparent, had he known that Marshland's cowardice the night before had probably saved his life.

The road agents inquired if the party had seen any horses running at large, or whether they had any loose stock in their train.

"We have not," was the prompt reply.

"We were told by some half-breeds we met," said Marshland, "that our animals were running with your train, and we rode on, hoping to find them."

"It's a mistake," was the answer, "we have no horses but our own."

With this assurance the robbers professed to be satisfied, and galloped on. These successive failures only strengthened the villains in their determination to rob the train. They awaited its arrival in Red Rock Valley two days after leaving it, with the intention of attacking it there, at the hour of going into camp. When near the summit of the ridge which divides the waters of the Red Rock from those of Junction Creek, the packers, according to custom, rode on ahead of the wagons to select a suitable stoppingplace for the night. Three or four men only were left in charge of the teams. The robbers supposed that the treasure was hidden away in some of the carpet sacks in the wagons, now near the top of the divide. The brisk pace of the pack-horses soon took them out of sight and hearing of their companions in the rear. Assured of this, the robbers, disguised in hoods and blankets, dashed out of a ravine in front of the wagons, and in a peremptory tone, covering the drivers with their shot-guns, commanded them to halt. Gathering the drivers together, they ordered them not to move, at their peril; and while Dutch John sat upon his horse, with his gun aimed at them, Marshland dismounted, and engaged in a speedy search of both drivers and vehicles. Unperceived by the robbers, Moody had slipped a revolver into the leg of his boot. He also had a hundred dollars concealed in a pocket of shirt, which escaped notice. The other drivers had no money on their persons. After disposing of the men, Marshland went to the wagons, where he was fortunate enough to find the carpet sack" containing the letters in which were enclosed the fifteen hundred dollars in greenbacks. Pocketing this, and still intent upon finding the gold, he proceeded to the rear wagon, which fortunately was occupied by Forbes and a sick comrade. As soon as Marshland climbed to the single-tree, Forbes, who had been in wait for him, fired his revolver through a hole in the curtain, wounding him in the breast. With an oath and yell, the robber fell to his knees, but recovering himself, jumped from the wagon, fell a second time, regained his feet, and ran with the agility of a deer to the pine forest. Dutch John's horse, frightened at the shot, reared just as its rider discharged both barrels of his shot-gun at the teamsters. The shot whizzed just above their heads. Moody now drew his revolver from his boot, and opened fire upon the retreating figure of Dutch John, the ball taking effect in his shoulder. Urging his horse to its utmost speed, John was soon beyond reach of pursuit; but had Moody followed him on the instant, he might have brought him down. The packers who had gone into camp, were no less gratified to hear of the successful repulse, than astonished at the bold attack of the freebooters. Marshland's horse, arms, equipage, and twenty pounds of tea, of which he had rifled a Mormon train a few days before, were confiscated upon the spot. Rockfellow and two other packers rode back to the scene of the robbery, where, striking Marshland's trail, they followed it, searching for him till eleven o'clock. He admitted afterwards, when captured, that they were at one time within fifteen feet of him. They found, scattered along the route, all the packages of greenbacks he had taken. He gained nothing by his attack, was badly wounded, froze both his feet on his retreat to Deer Lodge, and lost his horse, arms, and provisions. Both of Dutch John's hands were frozen, but he was fortunate in meeting J.X. Beidler, who bound them up for him, not knowing at the time the villain's occupation. "X," as he is called by all the mountaineers, always accounted this kindly act to the retreating ruffian, as a stroke of bad fortune. "Had I only known," says he when telling the story, "I would have bandaged his hands with something stronger than a handkerchief."

The serious part of the transaction being over, our wayfarers had abundant sport for the remainder of their long journey, in determining the rights of the respective claimants to the booty. Forbes claimed Marshland's horse and accoutrements, because it was his shot that caused the robbers to take flight. Moody insisted upon his right to an equal share, in compensation for the wounds he gave Dutch. The two teamsters set up a claim, upon the principle that all ships in sight are entitled to a share in the prize. If steersmen represented schooners at sea, teamsters were the proper representatives of "prairie schooners." The subject was debated at every camp made on the journey, and finally determined by electing a judge from their number, impanelling a jury, and going through all the forms of a regular trial.

The verdict gave Forbes the possession of the property on payment of thirty dollars to Moody, and twenty dollars to each of the teamsters. The party arrived at Salt Lake without further molestation.