At first it was determined that the examination of the witnesses for both prosecution and defence should be conducted by George Copley, the prosecutor, but upon an appeal for justice in behalf of the prisoners it was at length decided by a small majority that the accused should be allowed the assistance of counsel, with the understanding that all the questions of their counsel were first to be submitted to the prosecutor. Hon. Wm. C. Rheem was chosen to defend the prisoners, and there were many threats of violence toward him for consenting to conduct the defence. It was agreed that the arguments to be made on either side should be brief, and that the trials should be urged to their conclusion with all possible expedition. Mr. Rheem’s ability as a lawyer was unquestioned,—which fact furnished to those who objected to a jury trial their principal reason for opposing his employment as counsel for the prisoners. As the extent of Mitchell’s criminality was uncertain, he was allowed a separate trial. His case was first brought under examination. It appeared in evidence that he had accompanied Moore and Reeves on their second murderous visit to the tepee, but he was able to show that he had not once fired his gun, and consequently could not be guilty of murder. His trial was soon terminated. The jury recommended that he should be immediately banished from the gulch. The guilt of Moore and Reeves was fully established. This result was foreseen by their friends; and while the trial was in progress they sought by threats and ferocious gesticulations to intimidate the jury. Gathering around the side of the enclosure occupied by the jury, they kept up a continued conversation, the purport of which was that no member of that court or jury would live a month if they dared to find the prisoners guilty. Occasionally, their anger waxing hot, they would draw their pistols and knives, and brandishing them in the faces of the jurymen, utter filthy epithets, and bid them beware of their verdict. Crawford was the object of their especial hate. Their abusive assaults upon him and threats were so frequent and violent that at one time he tendered his resignation and refused to serve, but upon the promise of his friends to stand by and protect him he retained his position. The case was given to the jury at about seven o’clock in the evening. A friend of the prisoners in the court-room nominated me as foreman, but upon my refusal to serve under that nomination I afterwards received the appointment by a vote of my fellow-jurymen. [Illustration: JUDGE J. F. HOYT _Miners’ Judge at trial of Moore and Reeves_ ]