We had agreed on our plans during the night, and taking young Langdon, Long and I started back to town, while the others began to circle for tracks of the fugitives in the snow. I should have stated that when the shooting began the night before, Mr. Johnson mounted his horse and rode home at top speed. Arriving there, he sent one of his sons to Prineville and the other up the Ochoco, telling them that we had the murderers surrounded and were fighting as long as he was in hearing, and were in need of help. Going up the mountain I discovered the tracks of the fugitives in the snow, and as we reached the summit we met 75 or 80 men coming out to help us. I turned them all back, saying the murderers had escaped, and that the rest of our party were coming a short distance behind. I had directed Long to keep by the side of young Langdon and that if he attempted to escape to kill him. I then called out four young men whom I could trust and told them to drop behind and watch for the trail of the fugitives when they should leave the road. We then all returned to Prineville and I turned the young man over to the Deputy Sheriff, telling him to lock him up.

The four young men struck the trail at the foot of the Mill Creek mountain, and following it until convinced the fugitives were endeavoring to reach home to get horses, abandoned it and struck out through the mountains the nearest route to the Langdon place. They reached the ranch just as the men had got horses and some food and were coming through the gate. Five--even one minute and they would have been too late. But leveling their shot guns on the murderers they surrendered. They were then brought to town, and instead of awakening the officers, they came to my house and asked me to get up and take charge of the prisoners. This circ.u.mstance enabled my enemies, especially the outlaw gang, to accuse me of being the head of the vigilantes. The prisoners were held at the livery stable, and as soon as I arrived I sent for the Deputy Sheriff and City Marshal, and on their arrival moved the prisoners to the bar room of the hotel. The Deputy asked me to remain and a.s.sist in guarding the prisoners. At the hotel the Deputy and Marshal guarded the street door, while I kept watch on the back door. Langdon was shackled and laid down on a lounge and fell asleep. Harrison was sitting near me and had started in to tell me all about the murder. I was sitting sidewise to the street door, and hearing it open, turned my head just as four men sprang upon the two officers and bore them to the floor. At the same instant two men rushed across the room and leveled their revolvers at me. The whole proceedings did not occupy five seconds, so sudden was the rush. All were masked, even their hands being covered with gloves, with the fingers cut off.

In another instant the room was filled with the uncanny figures.

Apparently every man had a place a.s.signed him, and in less time than one could think, every entrance to the hotel bar room was guarded by armed men. As the two men leveled their guns at me I put up my hands, and I want to say I stood at "attention." At the same time two men ran around the bar room stove, and as Langdon sprang to his feet one of them struck him with his pistol. The weapon was discharged and they then emptied their revolvers into his body. While this was going on other men placed a rope around the neck of Harrison and as he was rushed past me he wailed, "For G.o.d's sake save my life and I will tell it all." But I saw no more of him until next morning, when he was hanging under the bridge that spanned Crooked River.

Twelve men were left in the room after the main mob had gone. Not a word was spoken until I asked permission to go to the body of Langdon and straighten it out. Both men bowed, but followed me closely, at no time taking either their eyes or revolvers off me. They were, however, very cool, and I felt little danger of an accidental discharge of their weapons. After about twenty minutes one of the figures gave a signal and in an instant all were gone, pa.s.sing out through two doors.

It was now nearly daylight and a great crowd gathered about the hotel.

There was a great deal of suppressed excitement, but I cautioned all to be prudent and not add to it by unguarded language. The mob appeared to be thoroughly organized, every man having and occupying his a.s.signed place. This fact gave Harvey Scott an opportunity to declare in the Oregonian that I "was the chief of the vigilantes, and could have any man in three counties hanged" that I should order.

Matters now quieted down for a time and it was hoped that no more such disgraceful scenes would darken the fair name of our citizens. As time wore on the gang again became more bold and many acts of outlawry were committed. Some time in December a stock a.s.sociation was organized, with a const.i.tution and by-laws. It was agreed that no one should ride the range without notifying the a.s.sociation. Copies of the by-laws were sent to every stock owner in the county and all were asked to join. Along in January, about the 10th, as I remember, a crowd of the rustlers came to town, and after filling up with bad whisky rode up and down the streets, pistols in hand, and declared they could take the town and burn it, and would do so "if there was any monkey business." Little attention was paid to them, people going about their business, apparently unconcerned.

But that night there was "monkey business." Three of the gang were hung to a juniper two miles above town, while another was shot and killed in town. The next morning notices were found posted, with skull and cross-bones attached, telling all hard characters to leave the county.

There was then such a higera as has seldom been witnessed. Men not before suspicioned skipped the country. They stood not upon the order of their going, but went--and went in a hurry. Among the number was an ex-Justice of the Peace.

Again things quieted down. The county was divided, courts organized and justice administered without let or hindrance. The reign of the vigilantes was over, and citizens everywhere looked to the law for protection.

Chapter XX.

The Pa.s.sing of the Mogans.

A few years previous to the occurrences before given, two young men arrived in the county and gave their names as Tom and Frank Page, being brothers. I gave one of them, Frank, employment on my cattle ranch, but soon became satisfied that he was not the right kind of a man, and discharged him. Both remained in the section, accepting such employment as they could obtain. One day a man came along and recognized the Page brothers as men he had known in Nevada under a different name. Hearing of this, they admitted that the name first given was an alias, and that their true names were Mike and Frank Mogan. They were a quarrelsome pair and posed as bad men, and were not long in involving themselves in trouble and were shunned by the better cla.s.s of citizens. In a case against the younger of the two, Frank Mogan, a young lawyer, C. W.

Barnes, was employed as opposite counsel. This seemed to embitter both men against Barnes and some threats were made against him. No attention was paid to the matter by Barnes, but he kept a watch on them when in their company.

Finally in the fall after the last lynching Mike came to town and in order to pick a quarrel with Mr. Barnes, began to abuse his younger brother, a boy of about 17 years. The boy went to his brother and told him of Mogan's conduct. He was told that if he a.s.sociated with such men as Mogan he must suffer the consequences. The boy then went home, and securing an old cap and ball revolver, came back to the street. Mogan began on him again, and after suffering his abuse for some time, drew the revolver and shot him through the chest. Mogan ran a short distance and drawing his revolver, started back. Seeing that young Barnes was ready for him, he turned off, walked a short distance, sank down and died the next day. The affair created some excitement. The boy was arrested but subsequently came clear.

At the time of the homicide I was out of town and knew nothing of the shooting until late that night. The other Mogan brother, however, affected to believe that I had given the revolver to the boy and had told him to use it. I explained to him the absurdity of the charge, proving to him that I was out of town. This appeared to make no difference, he still holding a grudge against me for discharging him. He made many threats against my life, all of which were borne to me. He declared he would "kill me if he had to lay behind a sage brush and shoot me in the back." Still I paid no apparent attention to the threats, being satisfied he would never at any rate face me.

One evening I was called to the store of Hahne & Fried to attend to some business. It was just after dark and while I was there I was notified by a friend that a daughter of Judge Nichols had overheard Mogan tell one of his friends that he had come to town to kill me and would not leave until he had accomplished his purpose. This was going a little too far, and I determined to settle the matter one way, or the other at our first meeting. The test came sooner than I antic.i.p.ated. On seeing me he attempted to draw his gun but was too slow, and fell with more than one bullet: through his body.

I sent for Sheriff Geo. Churchill and surrendered myself as a prisoner.

He told me to go home and if he wanted me he would send me word. The committing magistrate, at my request, placed me under bonds to appear before the Grand Jury. The announcement caused an uproar among the throng with which the court-room was packed, and I was compelled to go among them and explain that it was done at my especial request. I wanted the matter to come up in the Grand jury room and so told the people. The Oregonian published distorted and untruthful statements regarding the affair, and attorneys from every part of the State volunteered their services to defend me free of charge. I wrote to them, of course thanking them, but told them I had no use for attorneys, as the matter would never go beyond the Grand jury, and there it ended, the District Attorney, Mr. McBride, proving my strongest witness.

I have gone somewhat into detail in this matter through no spirit of bravado, for no one could deplore the necessity of my action more than I. But to show to those who have never experienced frontier life the dangers, difficulties and hardships through which one must pa.s.s. It may be said that I should have had Mogan arrested for threatening my life.

To such I will say that under all the circ.u.mstances such a course would only have still more embittered the situation and made the end inevitable. Another thing, among frontiersmen the man who goes to law for protection of that kind, makes of himself a pusillanimous object for every vagabond to spit upon and kick. I was not "built: that way."

Chapter XXI.

The Lookout Lynching.

Coming down to a later date, perhaps no event of its character has attracted so much comment, and been the subject, of more gross misrepresentation than the "Lookout Lynching." I have, therefore, been asked to give a true account of the deplorable affair, the causes leading up to the same, and the sensational trial of nineteen citizens accused of partic.i.p.ating in the act.

To begin at the beginning: Along in the early 70's the United State government established a military post at Fort Crook, in Fall River valley, which was occupied by a company of cavalry under command of one Capt. Wagner. The post was designed to afford protection to settlers against depredations by hostile Indians. Soon after the arrival of the troops the Captain began to cast eyes of favor on a comely young Indian woman, the wife of a Pit River brave. The Captain had been sent to civilize the Indians, and was not long in taking the woman under his protection. The arrangement was agreeable to the woman, who preferred the favor of the white chief to that of her dusky husband.

Time wore on and the government concluded to abandon the post, and ordered Capt. Wagner and his company elsewhere. Of course, he could not take the Indian woman with him, and she must be got rid of. The means presented itself in the person of a soldier named Calvin Hall, whose term of enlistment had expired. He proposed to Hall that if he would take the woman off his hands he, the Captain, would give him a small portable sawmill which the government had sent to the post to saw lumber with which to build quarters, etc. The arrangement being agreeable to Hall, the trade was made and the woman and sawmill pa.s.sed to a different ownership.

In the course of time Hall sold the sawmill and settled on a piece of land not far from the present town of Lookout. Here the two full blood children of the woman grew to manhood. Another child was born to the woman, the father being a man named Wilson, with whom she lived during one of her changes of lovers, for Mary (her Christian name) was a woman of many loves. The half breed boy was fifteen years old, and probably by reason of environment was not a model. The two full bloods, Frank and Jim Hall, the names by which they were known, gradually became looked upon as desperate characters. Their many misdeeds brought them into prominence, and frequent arrests followed. But somehow Hall managed to enable them to escape the vengeance of the law. This only served to make them bolder in their misdeeds. Cattle were killed and horses mutilated, merely because the owners had incurred their enmity. The school house in the neighborhood was broken open, books destroyed and other vandal acts committed. In fact, they became the terror of the neighborhood, the Hall home being a place of refuge and shelter, and Hall a protector when arrests followed their crimes.

This condition of affairs could not exist for long. When the law fails to protect life and property, I have always observed that men find a way to protect them. About a year and a half before the finale, a gentleman living in Lookout visited Alturas and detailed the many misdeeds of these men to me. One in particular I remember. Dr. Shearer, a wealthy stock man living some distance this side of Lookout, had employed some Indians in harvesting his hay crop. Frank Hall had a grievance against the Indians, and during their absence from their camp went there and cut their wagons and harness to pieces. The Indians trailed him to within a short distance of Halls, but were afraid to go further. They complained to Mr. Shearer, who promptly sent word to Frank Hall that if he ever came on his ranch he, Shearer, would shoot him. Some time after this Mr.

Shearer found a saddle animal belonging to his wife cut and mutilated in a most shameful manner. The horse, a beautiful animal and a pet, had his ears and tail cut off, while deep gashes were cut in his side and hips.

Mr. Shearer could not prove that Frank Hall committed the dastardly act, but was more than satisfied of his guilt. This and other like acts were detailed to me, and I wrote an article for my paper detailing the grievances of the people of that section and ending by predicting that, unless it was stopped, "juniper trees would bear fruit." My prediction came true a year and a half later, only that the Pit River bridge and not the junipers bore the fruit.

Some time during the year of 1900 a man named Yantes came to the vicinity of Lookout and took up with the Halls. Later he took Mary, the Indian woman, away from old man Hall, and lived with her on a ranch he had located. He carried a big gun and posed as a bad man, and of course found genial companionship in the sons of the Indian woman. The coming of Yantes seemed to add to the boldness and reckless conduct of Frank and Jim Hall and the half-breed boy Wilson. Along towards the last of May, 1901, a burglary was committed in the neighborhood. Of course the Hall crowd was suspected and a search warrant obtained. At the Hall home several of the articles were found, as well as on the persons of the men. The hides and meat of animals recently killed were found at the Hall and Yantes homes and the brands identified by the owner. This discovery led to the arrest of the entire gang, including Hall and the half-breed boy Wilson. They were taken to Lookout and a guard placed over them.

The Grand jury was in session at Alturas, and next morning R. E.

Leventon and Isom Eades came to Alturas to secure the indictment of the men. The proof was positive, and they felt that at last a conviction could be secured. But unfortunately the Grand jury adjourned that morning. They then applied to the District Attorney to go to Lookout and prosecute the criminals. But Mr. Bonner had a case coming up at Lake City, and the Justice refusing to postpone it, could not go. The matter was finally arranged by the appointment by Mr. Bonner of C. C. Auble, an Adin attorney, as a special deputy to prosecute the cases. The appointment was made out and given to Leventon and Eades, but Mr.

Bonner, a young lawyer and serving his first, term, made the fatal mistake of instructing Mr. Auble to dismiss the charge of burglary and rearrest the men for petty larceny.

During all this time the five men, two white men, the half-breed boy and the two Indians, were held under guard, the bar room of the hotel being used for the purpose. When it became known that the prisoners were merely to be prosecuted for the smaller crime, the whole country became aroused. Both Yantes and the Halls made threats of dire vengeance upon those instrumental in their arrest. They declared they would get even as soon as they were free. All knew the Indians and Yantes to be desperate men, and to turn them loose would be equivalent to applying the torch to their homes, if not the knife to their throats. Accordingly at the hour of 1:30 on the morning of May 31st a rush was made by masked men, the prisoners taken from the guards and all five hung to the railing of the Pit River bridge.

The news spread like wildfire and created intense excitement throughout the county and State. The great papers, in two column headlines, told of the "wiping out of a whole family." "An old man," said they, "his three sons and his son-in-law," were ruthlessly hung for a petty crime, the stealing of a few straps of leather. In Modoc county the sentiment of nine-tenths of the people was that the leaders of the mob should be punished. Young Banner had made a mistake, due doubtless to youth and inexperience, but it remained for Superior Judge Harrington to make a still more serious one.

Judge Harrington wrote to the Attorney-General asking that detectives and a special prosecutor be sent to investigate and prosecute the case against the lynchers. He also called the Grand jury together in special session. But there never was any evidence.

The Grand jury convened on June 10th, and a host of witnesses were in attendance.

The result of the Grand Jury session was the returning of indictments against R. E. Leventon, Isom Eades and James Brown. As the case against Brown appeared to be the best, he was "brought to trial" November 21, 1901. a.s.sistant Attorney-General Post and Deputy Attorney George Sturtevant were sent from the Attorney-General's office to prosecute the case. The prisoner was defended by ex-Judge G. F. Harris, E. V. Spencer and John E. Raker.

Soon after the trial began Judge Post sent for a noted gunfighter named Danny Miller. And during all those weary three months of the trial he could be seen trotting around after Post, his mustache turned up, a la William of Germany, like a rat terrier following a mastiff, to the infinite amus.e.m.e.nt of the small boy and utter disgust of sensible men.

Gibson, the noted San Francisco detective, was here, a.s.sisted by other detectives and a dozen or more local head hunters, who were after a share of the big reward. District Attorney Bonner was pushed aside and completely ignored. He was not even given an insight into what was going on. In justice to Mr. Sturtevant I want to say that he had no hand in the high-handed measures adopted by Post and Harrington. And had he been in control the result of the Brown trial might have ended differently.

Indeed, so favorably were the people of Modoc impressed with Mr.

Sturtevant that members of both parties--prominent citizens--went to him and offered him the Superior Judgeship at the coming fall election.

For reasons of his own he declined, and before the end of the Brown trial left in disgust.

At one stage of the proceedings there was talk of supplying troops from the National Guard to preserve order. And yet there had at no time been a breach of the peace or threats made except by the man Miller. On one occasion Miller drew a revolver in the court room and attempted to shoot Attorney Raker. At another time he beat a young man named Russell over the head with a gun for some fancied offense. A brother of young Russell kept the princ.i.p.al hotel in the town, and both had been open in their denunciation of the lynchers. I mention these facts to show why it was that the citizens of the county turned from nine-tenths in favor of prosecuting the lynchers to the utmost limit, to nine-tenths the other way.

Early in January Detective Gibson went to a young man who was stranded in Alturas with his wife and offered him a portion of the reward, amounting to $900, to testify to a certain matter. The young man and his wife were working, for their board, but he told Gibson that he knew nothing of the matter and that poor as he was he would not swear to a falsehood. Gibson went away, but returned a few nights, later and again tried to get him to testify, saying that the men were guilty and that no one would ever be the wiser. Slavin (the young man's name) then told Gibson that if he ever came to his home with such a proposal that he, Slavin, would shoot him like a dog. All these attempts at bribery soon became known and filled citizens everywhere with consternation. They argued that under such methods an innocent man might be sacrificed that a lot of head hunters could gain a big reward.

On January 4th, 1902, Mary Lorenz, a half breed daughter of old Mary Hall, swore to a warrant charging, fifteen others with complicity in the lynching. All were arrested, but not one was found to be armed. They were placed in jail, and on the 10th indictments were filed charging each one with five different murders.

The causes leading to these arrests were said to be the confessions of John Hutton and Claude Morris.

It subsequently developed that Morris was taken to a room, there plied with whisky by the detectives, aided by Simmons, and at two o'clock in the morning signed an affidavit that had been prepared for him. After he regained consciousness he denied the whole thing, but was told that he would be sent to the penitentiary for perjury if he went back on the confession he had signed before a notary public. Under the circ.u.mstances the poor, weak boy, kept under guard and away from friends and relatives, was compelled to stick to the evidence that had been prepared for him.

As the trial of Brown dragged its "slimy length along," the scenes in the court room at times beggared description. Harrington, badgered by the attorneys for the defense, raved like a madman, and generally ended by sending one or more of the attorneys for Brown to jail. He refused to permit any evidence to be introduced for the purpose of impeachment.

Disinterested men were brought from Tule Lake to prove that the boy Hutton was on his way to Lookout from that place when the lynching took place. Another witness was placed on the stand and testified that he stood on the ground, back of Leventon's shop and saw certain of the accused, among them Brown, and heard them plotting. Harrington refused to permit any evidence to be introduced tending to impeach the witness.

When Harrington would rule against the admission of this evidence, Harris, Raker or Spencer would argue the point and manage to get the evidence before the jury and end by going to jail. The attorneys took turns going to jail, but managed for one to remain outside to conduct the case. Thus wore away the weary months until the jury brought in a verdict of "not guilty." In conversation with one of the jurymen that morning he stated that the character of the witnesses for the prosecution was enough. They were Indians, half-breeds, and disreputable characters of every shade and degree.

The morning after the verdict was rendered not one of these creatures could be found. During the night they had fled and scattered like a covey of quail. They feared arrest for perjury, of which they were guilty. All that remained the next morning was General Post and his gun man, Danny Miller. They took the stage after breakfast and were seen no more. The prisoners were discharged one and two and three at a time and quietly returned to their homes.

Thus ended the dreary farce of the prosecution of the Lookout lynchers.

It had cost the county about $40,000 and had accomplished nothing, save to blacken the character of our citizens and cause the outside world to look upon us as outlaws and desperadoes.