The vigilantes of Montana; Or, popular justice in the Rocky Mountains: Being a correct and impartial narrative of the chase, trial, capture and execution of Henry Plummer's road agent band, together with accounts of the lives and crimes of many of the robbers and desperadoes, the whole being interspersed with sketches of life in the mining camps of the "Far West"Dimsdale, Thos. J. (Thomas Josiah)
History
The vigilantes of Montana; Or, popular justice in the Rocky Mountains: Being a correct and impartial narrative of the chase, trial, capture and execution of Henry Plummer's road agent band, together with accounts of the lives and crimes of many of the robbers and desperadoes, the whole being interspersed with sketches of life in the mining camps of the "Far West"
Dimsdale, Thos. J. (Thomas Josiah)
Criminals -- Montana; Frontier and pioneer life -- Montana; Montana -- History -- 19th century; Plummer, Henry Amos, -1864; Vigilance committees
Another powerful incentive to wrong doing is the absolute nullity of
the civil law in such cases. No matter what may be the proof, if the
criminal is well liked in the community, “Not Guilty” is almost certain
to be the verdict of the jury, despite the efforts of the Judge and
prosecutor. If the offender is a monied man, as well as a popular
citizen, the trial is only a farce--grave and prolonged, it is true
but capable of only one termination--a verdict of acquittal. In after
days, when police magistrates in cities can deal with crime, they do
so promptly. Costs are absolutely frightful, and fines tremendous. An
assault provoked by drunkenness, frequently costs a man as much as
thrashing forty different policemen would do, in New York. A trifling
“tight” is worth from $20 to $50 in dust, all expenses told, and so on.
One grand jury that we wot of, presented that it would be better to
leave the punishment of offenders to the Vigilantes, who always acted
impartially, and who would not permit the escape of proved criminals
on technical and absurd grounds--than to have justice defeated, as
in a certain case named. The date of that document is not ancient,
and though, of course, refused and destroyed, it was the deliberate
opinion, on oath, of the Grand Inquest, embodying the sentiment of
thousands of good citizens in the community.
Finally, swift and terrible retribution is the only preventive of
crime, while society is organizing in the far West. The long delay of
justice, the wearisome proceedings, the remembrance of old friendships,
etc., create a sympathy for the offender, so strong as to cause a
hatred of the avenging law, instead of inspiring a horror of the crime.
There is something in the excitement of continued stampedes that makes
men of quick temperaments uncontrollably impulsive. In the moment of
passion, they would slay all round them; but let the blood cool, and
they would share their last dollar with the men whose life they sought,
a day or two before.
Habits of thought rule communities more than laws, and the settled
opinion of a numerous class is, that calling a man a liar, a thief,
or a son of a b----h is provocation sufficient to justify instant
slaying. Juries do not ordinarily bother themselves about the lengthy
instruction they hear read by the court. They simply consider whether
the deed is a crime against the Mountain Code; and if not, “not guilty”
is the verdict, at once returned. Thieving, or any action which a miner
calls MEAN, will surely be visited with condign punishment, at the
hands of a Territorial jury. In such cases mercy there is none; but, in
affairs of single combats, assaults, shootings, stabbings, and highway
robberies, the civil law, with its positively awful expense and delay,
is worse than useless.
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