Old Missoula

Free-for-All Ends Trial

Everyone seems to be in agreement on one particular of what is reported to be the first court trial at Hell Gate and also the first in what is now Montana – the affair ended in a free-for-all fight.

The defendant in the action was the colorful Cornelius C. (Baron) O’Keefe, who was charged by a “squaw man,” Tin Cup Joe, with mistreating a horse. The judge in the action, which apparently took place in 1862, was Henry Brooks, who acted as a justice of the peace for the area, then part of Washington Territory. Attorney for the plaintiff was Frank H. Woody, later a judge himself.

Judge is Ready

Mrs. Howard Toole, granddaughter of the defendant, has told of the incident as related by a great uncle, David O’Keefe. He said that O’Keefe challenged Brooks to produce his credentials as a judge. The judge then took a deck of cards from his pocket and spread them on the table of Bolte’s saloon, scene of the trial, as his credentials.

The judge then challenged O’Keefe for his credentials to act as his own counsel. O’Keefe then is reported to have struck Brooks squarely between the eyes with all his might, and the battle was on.

Skinner Backs O’Keefe

Woody took the side of client and O’Keefe was on the losing side until a passer-by, Cyrus Skinner, later hanged as a road agent, happened along and took the side of the underdog to even things up.

Subsequently the judge and jury fled, but returned later to render a judgement against O’Keefe, some accounts say. The judgement is variously reported as $10, $40 and $90. Some accounts say the baron eventually paid it, but Mrs. Toole said that, having known her grandfather personally, she doubted this.