A separate trial was assigned to Forbes, because the pistol which Gallagher had privately reloaded, was claimed by him, a fact of which he wished to avail himself. In fact, however, the pistol belonged to Stinson. It was midday when the trial of Lyons and Stinson commenced. At dark it was not concluded, and the prisoners were put under a strong guard for the night. They were confined in a small, half-roofed, unchinked cabin, overlooking Daylight Creek, which ran through a hollow filled with willows. Dr. Six and Major Brookie had charge of the prisoners. Soon after dark their attention was attracted by the repeated shrill note of a night-hawk, apparently proceeding from the willows. After each note, Forbes commenced singing. This being noticed by the guard, on closer investigation they discovered that the note was simulated by some person as a signal for the prisoners. They immediately ordered Forbes to stop singing. He refused. They then proposed to chain the prisoners, they objecting, and Forbes remarking, “I will suffer death before you shall do it.” He receded, however, under the persuasion of six shotguns drawn upon a line with his head, and in a subdued tone, said, “Chain me.” During the night Lyons sent for one of the citizens, who, under cover of the guns of the guard, approached and asked him what he wanted. “I want you,” said he, “to release Stinson and Forbes. I killed Dillingham. I came here for that express purpose. They are innocent. I was sent here by the best men in Bannack to kill him.” “Who sent you?” inquired the citizen. After naming several of the best citizens of Bannack, who knew nothing of the murder until several days after it was committed, he added, “Henry Plummer told me to shoot him.” It was afterwards proven that this was true. Hayes Lyons was greatly unnerved, and cried a great part of the night; but Buck Stinson was wholly unconcerned and slept soundly. The trial was resumed the next morning. At noon, the arguments being concluded, the question of “guilty or not guilty,” was submitted to the people, and decided almost unanimously in the affirmative. “What shall be their punishment?” asked the president of the now eager crowd. “Hang them,” was the united response.