Old Missoula

The First Arrest in Montana

The first arrest within the limits of this Territory, made under shadow of legal authority, seems to have been made in December, 1861. The subject was slightly alluded to in the New Year’s number of the Benton Record under the head of “Reminiscences of the Mullan Expedition.”[1] Upon invitation the writer of that article sends in the following particulars:

In the winter of 1861-62 I was a clerk in the store of Wm. J. Terry, sutler to the celebrated “War Expedition” then cantoning near the mouth of the Big Blackfoot river in Missoula county. One day, about the middle of December, I was called upon by two strangers who stated that they had just arrived from Colville and were en route to Salt Lake City. They gave their names as Butler and Williams, and requested two or three days’ accommodation with board and lodging. As they threw some money in sight, I readily agreed to let them have a share in the use of the frying-pan and a lay out upon the floor. In the course of time their purses became exhausted and I had a stationery whisky bill against them amounting to fourteen dollars and twenty-five cents. Said Williams to me one night: “You are a pretty good fellow and we don’t want to bilk you. We have got two horses and need but one to pack our bedding. It is a hard matter to take care of animals with the prevailing depth of snow. We will make you a present of one of them if you will call the bill square.” I readily agreed to the proposition and a cayuse was duly transferred to me and branded with the mark of the firm I represented. On the following morning my two travelers were missing as also were my horse and several other things.

Investigation revealed the fact that the strangers were two horse thieves and had departed for Deer Lodge. There was no Sheriff on hand to send in quest of the fellows, because Western Montana in those days was as yet but an unorganized portion of Washington Territory. I applied to Lieut. Mullan for relief and that gentleman authorized me to go after the offenders, arrest them and bring them to him for punishment. Three of us – Louis Grandmaison, (since killed) William Rowland, (since hung) and myself (destiny not yet accomplished) started out to make the arrest. We left the Big Blackfoot at the hour of midnight and preceding December 21^st, 1861, and our departure was thus made within the shadows of night to assure success to the enterprise. We deemed it necessary to overtake and get ahead of a party of traders (Wm. Kiplinger and C. F. Eaton) that had started out the previous day on a “whoop up” trip to supply the early settlers of Deer Lodge valley with some “encouragement” for the approaching holidays. It wouldn’t do to allow rumor to get ahead of our intentions. The young dawn of December 22^nd revealed the presence of the traders at the foot of the “Big Grade,” on the banks of Hell Gate, and we slid down to their camp for breakfast. Of course they “opened out,” and we agreed to travel in company. It was a very cold day, this 22^nd one of December, and we stopped frequently to “warm up.” After we had crossed the “Medicine Hill” the wind commenced blowing furiously and Bill Rowland and myself concluded to light ahead and if possible reach Dempsey’s on Flint creek for the night. It being deemed impossible for the whole crowd to advance that far we took our pack horse along with us. (At that point it may be necessary to state that the sketch would not be drawn out to its length were it not for the fact that most of the characters concerned are old residents of Montana, and that the sketch may be credited with some interest on account of “old times.”)

Bill Rowland was a desperate fellow who had gained notoriety on the overland route. Whisky and the cold air worked upon his temper, and when in Flint creek hills the pack became loosened on the lead horse, he dismounted and, drawing a Bowie knife, ripped open the horses’ belly. The poor animal staggered and fell down dead, and we hurried on, leaving the traps to be taken care of by the fellow behind. It was almost a ride for life that night. It was intensely cold, and when finally, by mere accident, we reached the shelter of Dempsey’s hay-stacks our horse dropped from exhaustion.

On December 23^rd we reached the residence of Johnny Grant, on the Little Blackfoot, and having stated our business to him he readily replaced our caved-in animals with two fresh ones. One of the horse thieves (Butler) was found and arrested here and placed in charge of Grandmaison who had caught up. The other fellow, Williams, was said to be encamped with Bill Hambleton, on Cottonwood creek, and we were also informed that it would be no easy matter to take him because there were several desperadoes residing in that neighborhood. A Spaniard named Manucle (sic) volunteered to accompany us, and we arrived at “Wild Cat Bill’s” lodge about 10 p.m. Bill having been made acquainted with our errand, said “of course, take that fellow inside. The d – d scoundrel sold me one of those stolen horses for a winter’s grub and accommodation.”

The night of the 24^th to the 25^th we encamped at Johnny Grant’s with the two prisoners in custody. I was on watch at midnight when the door suddenly opened and Bill Hambleton appeared with a Bowie knife in one hand and a revolver in the other. He said: “I shan’t allow none of Mullan’s d—d men to take any white men out of Deer Lodge valley without the parties choose to go voluntarily.” It was all he said, for an evident necessity for the rest just about that time caused him to slide down on the floor where we left him sleeping next morning. We took our Christmas dinner and supper on Gold creek with the Stuart boys, Fred Burr and other old-timers. They wished us to remain for the night, and some of them advised the hanging of the prisoners to leave us at liberty for a good time.

To cut a long story short, we succeeded in bringing the prisoners into the presence of Lieut. Mullan, who, having elicited an acknowledgment of their guilt, sentenced them to the care of Lieut. Marsh. They were chained together and did considerable hard work during that winter. In the spring of 1862 they were released and went to Idaho.

I believe this was the first arrest ever made within this Territory. A. A.

The above article appeared in The Benton Weekly Record on February 13, 1880.

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