P a g e 2 G h o s t T o w n s a n d H i s t o r y o f M o n t a n a N e w s l e t t e r cuted in behalf of the people. Alex Davis, J. M. Thurman and H. P. A. Smith defended. The charge was murder. The jury consisted of twenty-four sturdy miners; the trial was public. Ives was not tried by the vigilance committee as many erroneously suppose. He was tried and executed before the organization of the vigilance committee. W. H. Patten and myself were selected to write down the testimony of the witnesses. The judge sat in a wagon. The jury sat in a half circle around a big log fire for it was cold. It was about the 20th of December, 1863. The prisoner, Mr. Patten and myself, were within the half circle. Hundreds of determined men stood around the court and the jury during the entire trial, which lasted two or three days. Was Epoch-Making Trial I said it was a great trial. It was; it was a grand court. There were no paraphernalia or insignia of office to impress and awe the beholder there. But surrounded by the snow covered mountains, sitting in that open street in mid-winter, no court ever had more vital questions put it than the one presided over by that grand old bearded man, Don Byam. Crime was rampant. Robbery and murder had become common crimes committed by men whose duty it was to protect the lives and property of the people. A great crisis had arisen in the history of the pioneers struggling for life and fortune in their new home. The lawless cut throats had tendered the issue as whether the people should live and enjoy the fruits of their discovery and labor. Here in this great trial before this grand court, the people had accepted the issue thus tendered. It was a royal battle. The result was by no means certain. It was a debatable question whether the lawless or law-abiding were in the ascendency. This was to be determined in this wonderful trial. Both elements were in their force; both determined; both armed. But as the battle waged the friends of law and order gathered strength and completed to some extent the organization of their forces. You could look into the eyes and faces of the honest people as they stood guard round that court and jury, sitting out in the street under the cold blue heavens and read the thoughts that filled their souls. You could discover their determination to see justice done, though the heavens should fall. This resolution and determination having been taken, the battle was won. Lawlessness, assassination, murder, crime, however well organized, could not withstand these resolute and invincible men who were fighting for their lives and homes. Verdict was Unanimous At the conclusion of the able and eloquent arguments of counsel, the jury retired. Mr. Patten and I were carried along by the jury so that in the event of any dispute as to the testimony, we could refer to our notes. We were placed in the corner of the large jury room of a log cabin, and the jury proceeded to ballot. There was but one ballot—"Guilty of murder charged." It was unanimous, it was right, it was just. By another ballot the jury fixed the death penalty; by the law and practice of those courts the jury
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