{ title: 'The Hardin Tribune-Herald (Hardin, Mont.) 1925-1973, August 14, 1925, Page 7, Image 7', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about Chronicling America - RSS Feed', }, { link: '/lccn/sn86075229/1925-08-14/ed-1/seq-7.png', label: 'image/png', meta: '', }, { link: '/lccn/sn86075229/1925-08-14/ed-1/seq-7.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn86075229/1925-08-14/ed-1/seq-7/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn86075229/1925-08-14/ed-1/seq-7/ocr.txt', label: 'text/plain', meta: '', }, ] }
About The Hardin Tribune-Herald (Hardin, Mont.) 1925-1973 | View This Issue
The Hardin Tribune-Herald (Hardin, Mont.), 14 Aug. 1925, located at <http://montananewspapers.org/lccn/sn86075229/1925-08-14/ed-1/seq-7/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
FT - 1.1.0 .110: II 19 '..!\ THE HARDIN TRIBUNE -HERALD • t (5 /II It It it 11 Page Five 11 1 I. circ: 7 \ WHEN WHOM UM, FIGHTIING NEZ PIERCE CHEF, FUGOTEIVE [IN CANADA, REFUSED TO SURRENDER TO U. S. AUTHORITIES -II 11 11 II II L... 1 ( 5) When Chief Joseph of the Nez Perce was about to surren- der, after the sanguinary bat- tle of the Bear Paw mountains White Bird, his right hand, es- caped into Canada. Here is the story of White Bird's refusal to surrender to the United States authorities, at a conference be- tween the commandant of the Royal Northwest Mounted Po- lice, who had White Calf in cus- tody, and Captain Baird, repre- senting the United States war department. It was told to Mrs. Martha Edgerton Plassman a few days ago by Duncan McDon- ald, one of the brightest men of Indian blood in Montana, who as the interpreter for White Bled at this conference, is in a posi- tion to speak with authority. (By MARTHA E. PLASSMANN) The story I am about to relate is not new, and may earlier have found Its way to print. If so, I never saw it, and judging that others like my- self are ignorant of it, I venture its reproduction, treating as it does, one of the most interesting periods of Montana history. I recently visited the Flathead Reservation for the purpose of look- ing up some historical data, which I thought could best be obtained at St. Ignatius, from its older residents, or at the mission; but wherever I applied for information, the reply given was always the same. \Go and see Duncan MacDonald. He can tell you all about it.\ and Duncan Mac- Donald lives at Dixon, sixteen miles away. A friend of mine generously of- fering to convey me to the desired source of knowledge, we turned away from the imposing Mission Range and sped away over the none too smooth roads leading to 'the town bearing the name of our former gov- ernor, and in short time drew up at the white cottage, the home of the on- ly man in Montana, born in a Hud- son's Bay trading post, Duncan Mac- Donald. We found film at work in the rear of his house. My friend, who knew him well, called him to us, and ex- plaining the purpose of our coming, asked him to enter the auto, where, protected from the mid -day sun, he consented to be interviewed. Most Montanan's are familiar with the pictures of Angus and Duncan MacDonald; the former, unmistak- ably Scotch, and strikingly hand- some; the later, his Indian blood mainly noticaple in the color of his skin; and whose high forehead, and FEWER DIVORCES IN STATE IN '24 SILVER BOW COUNTY LEADS WITH 247; YELLOWSTONE HAD 109 Granite, Liberty, Treasure and WI- baux Had No Court -Granted Sep- erations Last Year; 5,141 Marria- ges Were Performed in State Last Year, Records Show. The well-worn path over which the Montana bride --and some who are beyond the bride classification are wont to skip merrily from the altar to the divorce court, is not so dusty and a fringe of grass is cropping up on its edges. Why? Well, apparently there is no rea- son readily at hand, but, at any rate, the number of divorces granted in Montana' courts is growing less, according to statis- tics complied by the United States department of commerce. Busi- ness at the marriage mart has also suffered a slump, the figures show. for during 1924 there were 159 less marriages than in 1923, there being A total of 5,300 marriages performed in 1923 and 5,141 in 1924. During the two years Yellowstone county has been rivaling Silver Bow county in the number of divorces granted. Of the 1,273 divorces grant- ed in the state in 1923, Silver Bow county claimed 283, while Yellow- stone had 105. And of the 1,084 di- vorces granted in 1924 Silver Bow county had 247 and Yellowstone 109. The decrease in the number of di- vorces for the two years is 189. or 14.8 per cent. For the number of marriages dur- ing 1923, oSilver Bow county comes first with 788, Cascade follows with 440, Yellowstone is third with 374, while Missoula county places fourth with 358. In. , 1924, Yellowstone county picked up and placed second with 478 marriages. Silver Bow had 712; Cascade, 389 and Missoula, 312. The divorce statistics for the two years show some interesting com- parisons. In 1924 there were 247 di- vorces granted in Silver Bow county, 109 in Yellowstone, 87 in Cascade and 61 in Missoula county. During 1923 Silver Bow county lead the list again for the number of divorces, having 283, Cascade was second with 122, Yellowstone third with 105, and Missoula county fourth with 80. There were only four more divorces In Yellowstone county in 1924 than there were in 1923, against 104 more marriages. Few counties in the state have the record of having no divorces gianted in their courts. Golden Val- ley has the remarkable record of not having a single divorce granted in her courts in either year. The courts of Granite, Liberty, Treasure and Wibaux counties granted no divorces during 1924, the reports show, al- though each of these counties had several the year before. eyes set far apart indicate intell'.- gence greater than falls to the lot of the average man. It is said that the children of Scotch and Indian paren- tage are superior to those of other Indian alliances. He willingly answered the ques- tions we had come to ask him, only displaying ill -disguised contempt at our Inability to pronounce Indian names. and then drifted into unsoli- cited, but gladly welcomed reminis- cence. \Was your mother a Flathead?\ I asked. \No she was Nez Perce; Nez Perce and Iroquois.\ he replied. Mention was then made of the Nez Perce War, when MacDonald said he thought \General Howard was a good man.\ Joseph he knew well, as that chief spent a week with him on his way to Washington. This conver- sation led - , to the telling of his con- nection with the final scene in the Nez Perce epic. At the request of Captain Mills of Deer Lodge, he had gone to Canada to learn the truth concerning Jo- seph's surrender. After crossing the line, he saw a company approaching that proved to be Mounted Police, on their way to White Bird. whom they were to escort to Ft. Walsh. where Captain Baird, of the United States Army, had come to receive his surrender. It was all a mistake due to a report carried by some irrespon- sible parties, that White Bird had at last agreed to return to the United States. On learning that MacDonald could speak the Nez Perce language, the commander of the Mounties prevail- ed upon him to act as interpreter for the Police in the coming interview with White Bird, and to this Mac- Donald consented. Those who know the history of the Nez Perce War will recall the fact that White Bird's band was the larg- est of any of the non -treaty Nez Perces; that he took a prominent part in the council with General How- ard; and that his were among the flanking forces at the battle of White Bird canyon. Rather than surren- der, he escaped at night from Joseph's camp, and into Canada. The government agreed, says How- ard, to return Joseph to the Colum- bia Reservation, but following his surrender, changed his mind, as it was prone to do regarding any agree- ment with the Indians, and ordered the defeated chief and his people, to be sent to Ft. Leavenworth. While neither Howard nor Miles openly disapproved of this action, Miles, at least, tried to clear himself of any blame in the matter, and place it where it belonged at Washington, merely attempting to excuse his su- periors, on the plea that Joseph had not fulfilled his part of the contract, by permitting White Bird to escape. On reaching the camp of White Bird, MacDonald labored earnestly for three days before that chief would consent to meet Captain Baird. He feared that once at Ft. Walsh, he would be arrested, and turned over to the United States au- thorities. There was something strange about the whole affair. Were the Canadians going to betray him? It looked like it. Else why had they come for him? He had never sought an interview With this man Baird, who was the mouth -piece of his enemies. So White Bird rea- soned, and it was only when he learn- ed that MacDonald was a connection of his, would he agree to accompany him to the assigned meeting place, Yet still doubtful of the wisdom of his going. As he undertook this journey, he request, the council was delayed awaiting his arrival; of the specta- cular prelude to that conference, as the Indians, painted, and clad in their finest robes circled the garrison singing meanwhile, one of their wierd chants, while, lest this ceremony might be misunderstood by the white men, their program was announced by the interpreter. Howard says of it \The wild sound bt their singing did indeed produce upon every one of us a marked ef- fect. I was glad myself that the Indians were so few. Their voices were shrill and penetrating, now dy- ing away to a plaintive wail, then bursting into a mighty volume of sound that was fear -inspiring in its finish. The Indians kept on outside or me fences untrrthey had made the entire circuit of the garrison, ever repeating the blood -curdling re- frain of their song as they rode.\ Then his mind must have Pictured the second day's proceedings, open- ed as before by parade and song, when Joseph was seated with his brother 011icut \crouched at his feet,\ and he, White Bird, in the Ell Ill 1 1 c3acm_ N undoubtedly thought of that other !midst of his followers, his face meeting he attended before the out- !screened from observation by the break of the war when, at Joseph's eagle's wing he held before it. Now 011icut. the handsome impetous youth was dead, Joseph a prisoner, and he. himself an exile, was on his way to this conference which was to decide his fate. There could be no impressive open- ing ceremony on this occasion. A weary homeless wanderer in a strange land, at Ft Walsh faced an emissary of the United States Gov- ernment, and listened to what he had to say; what terms he was commis- sioned to offer. Captain Baird told the chief that he was there at his, White Bird's request, to accept his surrender, and to escort him and his people over the line. White Bird replied he had never agreed to surrender, and that the U. S: tititho rine - 1r Wer6 - febtinformed. \I told Joseph,\ said he, \not to give up, but to continue fighting until relieved by his friends who were on their way to join him. But Joseph's ears were closed to what I said. He believed what the white men told him. They lied. They promised to send him to the Colum- bia reservation. Where is he now! At Ft. Leavenworth. Such are the white mens' promises. I do not trust 11 them. \I have told you I do not wish Judge McHatton Reviews Amusing Happemings ffl to surrender. But if my doing so will send Joseph and his people back Bi to their reservation, I and my peo- Butte Courts inDays When Mining Camp Was Wild I IL - Among the many attorneys who practiced before the district court in Silver Bow county in 1888, as shown by a calendar which is among the prized possessions of Judge John Lindsay, only four are still in Butte —and one of these, Judge .1. J. Mc - Hatton, is merely a sojourner, who spends most of his time in California. The other veterans of the territorial bar are: L. J. Hamilton, C. P. Bren- nan and W. I. Lippencott. Each of these gentlemen has interesting tales to tell of early days when Butte was In its swaddling clothes. Judge McHatton came to Butte 42 years ago. The first 12 years he spent in active practice. During the next 20 years he wrote and had printed some 20 volumes of lawyers briefs—a volume for each year. He was born in Illinois. After his admission to the bar he took Horace Greely's advice, \Go west, young man,\ and came to Butte. \I found a population that im- pressed me as being composed of the best and most liberal people in the world,\ says the judge. \with here and there a scallawag—in fact, it was one of the latter type with whom I first exchanged converse in Butte. Might Improve Him \I stopped at the Centennial hotel, 'which stood on the corner where Hennessy's now stands. I was stand- ing in front of the hotel entrance when I was accosted by one of these gentry. He left hurriedly when I sug- gested that his behavior might be improved by a dislocation of his neck.\ Things happened rapidly that first night. When the young lawyer re- turned to his room he heard loud sobs, accompanied by feminine screams. His sense of chivalry get- ting the better of his caution, he went to the lady's relief only to learn that she was not in danger of physical violence, but was venting her grief because her husband and brother had been victimized by a petty confidence man. -\They were from Virginia City,\ Judge McHatton said. \and had ac- quired a small stake as miners. On the streets they had been accosted by two men who inveigled them into a game of chance on Park street and stripped them of every cent.\ The young lawyer called up the chief of police—city marshal he was called in those days—and gave a de- scription of the two film (lam men. They were apprehended and the judge discovered that one of the men was the man who had also ap- proached him the night before. When the crooks learned that Mc - Hatton was going to participate in the prosecution they returned the money and watches of their victims on condition that they would not II II I 0 It appear as witnesses in the police court. The victims accepted and the accused were dismissed for lack Of evidence, much to McHatton's dis- gust. He had his revenge two months later. The man who tried to film-flam him on his first night in town was again arrested, and on a state charge. He pleaded not guilty: W. Y. Pem- berton was district attorney. Pem- berton was afterwards chief justice of the supreme bench. He Pleaded Guilty \Pemberton told me that he had no doubt about the man's guilt,\ says Judge McHatton, \but expressed his doubt about securing a conviction. \I suggested that the next time he had business in the jail he contrive to let the film-flammer know that I would have charge of his prosecution when the case came to trial. \Pemberton did this in a casual way. As soon as my name was men- tioned the flim-flammer said. 'I won't let him have the satisfaction of sending me over the road. I want to plead guilty.' He did and was sentenced to Deer Lodge.\ Some time later Judge McHatton was elected police magistrate. He soon acquired the reputation of being a strict judge. One fellow who plead- ed not guilty and was convicted and fined borrowed a pencil from a po- liceman and wrote on the court en- trance \Let all who enter here leave hope behind\ as he was being taken down to jail to serve his sentence. Prisoners serving time were re- quired to saw wood in the jail yard. A young well -dressed man who found himself in jail told his fellows that his arrest was a mistake and that it \will be all right when I see the Judge.\ It Was All the Same When he was brought before the court he was told he could plead \guilty\ or \not guilty\; that if he pleaded guilty he would be sen- tenced. If he pleaded not guilty, he would be tried and, if found guilty, he would be sentenced, but, if ac - - - quitted, he would be discharged. He thought deeply and then answered \guilty.\ He was given a light fine and sent \down below.\ When he arrived in the woodyard his associates jeered him. \Thought it would be all right when you saw the judge,\ they shouted, mockingly. \I couldn't get away from that fel- low,\ he answered despondently. \He told me that if I pleaded guilty he Would fine me and if I pleaded not guilty he would fine me anyway.\ One term on the police court bench was enough for the young at- torney. Later he occupied the district bench. \My law practice was paying me twice the amount of the judge's r -- EARTHQUAKE CRACKS PUBLIC HIGHWAY Here Is a crack the public highway, two feet wide, and four feet deep, near Three Forks. Public school buildings of Three Forks, Lo- gan and Manhattan were so, badly damaged by this, the biggest tremor ever ()retiring in the history of Mon- tana, as to make their use danger- ous,, The districts affected are said to be bonded to the limit allowed by law, Governor Erickson has issued a proclamation, asking for financial aid, and has named Ram D. Goza of Helena, chairman of an executive committee which Is soliciting funds for the relief of these stricken dis- tricts. This fund will be handled by the state board of examiners, com- prising Governor Erickson. Secretary of State Charles T. Stewart and At- torney General L. A. Foot. Every county has an organisation which is handling this work locally, to the chairman of which contributions may be sent. salary, but I accepted,\ he said. He served two terms, the second election being without opposition, both repub- licans and democrats accepting him as their candidate. \During the first year after I left the bench,' he says, \I earned more in fees than I received in salary dur- ing my two terms as Judge.\ Among the amusing incidents that occured while he was on the bench was the trial of a man arrested for stealing a watch. In a case of this character the value of the article has an important bearing on the degree of the offense. The accused had no money and the court appointed a veteran attor- ney, who, having no defense against the charge of theft, attacked the question of the value of the watch. An \Ory-ide\ Case \Look at the watch that they claim is worth $50,\ the attorney acclaim- ed in a voice trembling with indigna- tion. \They tell you it is a gold watch. Look at it. Gold! I'll tell you what it is. It's,an 'ory-ide' watch.\ The prosecuting attorney when he had his innings laughed the defense off its feet when he said: \Counsel for the accused has called this an 'ory-ide' watch. The fact is that they have been making merely an 'ory-ide' defense.\ A holdup man was convicted of the offense. The court gave him a severe verbal castigation from the bench and sentenced him to 14 years. \The papers published n lengthy account of the case, including the remarks of the court and the sentence im- posed on. holdups, which had pre- viously been of common occurrence, stopped completely and did not re- sume for 18 months,\ says the judge. Regarding Vourt's Power As a veteran member of the bar whose practice has covered an ex- tremely wide range, Judge McHatton is emphatic In his stand on a question that occupied the last meeting of the state bar association. He believes that the Pewersof the district fudge should, in criminal cases, be extended to permit him to comment on the testimony. \We have too many laws and too little enforcement,\ he says. \A good law utterly ignored is worse than no law at all,\ and he declares that on the lawyer rests the burden of seeing that the laws are not only enforced, but respected as well. In civil cases Judge McHatton fa- vors trials by the court without a jury. \In the federal courts and in Eng- land,\ he says, \the judge has the right to comment on the evidence and advise the jury as to what it proves or disproves, but in our state courts, generally, this can not be done. I am assuming that jurors are honest and fairly intelligent, but they are not trained in weighing evidence. A few men on a jury usually determine the decision of 12 men.\ If the system followed in the fed- eral court were adopted in the state courts, he says. it would be a relief Lo4nrors. -t*-14 emetriel - ttrerriketrpitstts- u re to serve whore now it is a pain- ful duty.\ Fish dive 1,500 Feet. Connected in high water periods by a waterfall that drops 1,500 feet over a sheer wall, are two oddly situated lakes. Ellen Wilson and Lit- tle St. Mary's, in Glacier National park. The upper lake was named for the first wife of Woodrow Wilson. It was stocked with rainbow trout a couple of years ago and occasion- ly schools of these fish are seen tumbing down this giant cataract safely making the \high dive\ into the seething waters of Little St. Mary's, much to the amazement of watching tourists. A,Real Pioneer Rancher. Fifty years is a long time to re- side in any one place. hut that is what was accomplished last month by John Harris of the Iikghwood section in Chouteau county. lie set- tled on the Highwood creek in 1876 and at that time he only had one neighbor, J. M. Arnoux, his next nearest neighbor residing in Fort Benton. Mr. Harris stated that when II I pie will give up our arms, and you u. may take us with you. What is your reply?\ 11 I Captain Baird answered that in case they surrendered, quite likely he came to Chouteau county from Deer Lodge county in 1875 that there was no one from Sun River until he got to the Arnoux place. Mr. Harris brought a small herd of cattle with him and crossed the river at Great Falls near where the Great Northern railroad bridge i s now located. Cho- teau county has a number of resi- dents who have resided in the state for about that length of time. e, but all the non -treaty Nez Perces would be returned to Idaho, as was pre- ' viously agreed. White Bird did not fail to note the indefinitness of this promise, and called attention to it by asking. \!..r. this all you have to offer us? If so, I tell you plainly, I do not trust you Joseph believed General Miles, who betrayed him. If these are your last words, hear mine! \I came here to escape from your only a few who have lived in one immediate place or ranch for that ' soldiers, and I was not received as an period. enemy, but as a friend. I am pro- tected. Even you dare not touch me. HORSE RACING AT that of my people, and here would we be buried. These, my words, you Henceforth this is my home, and may take to your Great Father in Washington. He is no longer mine. I have spoken.\ This speech, which is not literally reproduced, but embodies its purport, as given yy MacDonald, who heard it, ended the conference. o THE STATE FAIR \A Fair Like We Used To Have\ is the slogan adopted by the State Fair Management this year for the annual exposition which will be held September 7, 8, 9, and 10. The slogan GAS TAX INCOME really means the return to the Fair of Horse Racing and the program includes five running races daily. Horse racing is not the only thing that has returned. Pat Csrney, the \Potato King\ of Madison County has returned as has the County Collective Exhibits with first prize in this div4sion at $300, second $200 and third $100. Mr. Carney is the executive in charge of this division. Not only. will the state have the benefit of the expert serv- ices of Mr. Carney, who has been con- nected with the state fair for several years, but a number of other Mon- tana citizens have consented to take an active part in the management of 'the fair. Lewis 'Penwell, of Helena, who was president of the state fair board during tour years when it was the leading show in the northwest, is again at the head of this instution as president of the board. Another Pat Carney, Madison County Po- tato King, who will be active in connection with the Helena- state fair this year. former director and President who is taking an active part is Ski Coffee of Missoula, Mr. Coffee is a member of the executive board this year and is helping to plan the fair and ar- range for the exhibits. The county collective exhibit plan has been re-established after several years of absence not only has $600 in prizes been tkffered in this divi- sion but the stare fair management is making a total otter of more than $20,000 in premiums at the state fair this year as against $18,000 paid in premiums last year. The state fair also offers district prizes aggregating approximately $600. These prizes are offered in districts comprising counties in northern and southern Montana and are for the hest in various grades of grain and grasses. The premium book of the state fair with supplemental sheet showing special offers are now in the mails going forward to various exhibitors SHOWS INCREASE RECEIPTS FOR SECOND QUAR- TER $180,332; RAISE OF $30,000 Funds Are Distributed 30 Per Cent to State General Fund, 15 Per Cent to State Highway C0111111iS8- ion and Remaining to Counties for Use on Roads. Receipts of gasoline license tax by the state treasurer's office for the second quarter of 1925 total $180,332.53, which represents an increase of about $30000 over the receipts for the same period in 1924. Last quarter. after a decision of the Montana supreme court declar- ing the old tax -law invalid, all tif the -- larger taxpayers, except the Texts/ Oil company, declined to pay. The Texas company's payment was ;10,- 977.34. The funds are distributed 30 per cent to the state general fund. 15 per cent to the state highway fund and the remainder, at the end of the year, equally to the counties for use on roads. As a result of the fail- ure of the larger distributors to pay last quarter's tax, the state highway commission found itself deprived of almost its entire revenue for the period. Among the larger payments re- ceived this quarter were the Texas company, $20,372.48; the Continen- tal Oil company. $31,934.52; the Arro Oil company, $29,147.22; the Sunburst Refining company, $19,- 058.35; the Lewistown Oil and Re- fining company, $72,672.80. The tax is 2 cents on each gallon of gasoline retailed. Park Road Progresses. Completion of another section of the Belton-Java highway along the south side of Glacier park is an- nounced by A. C. Clark, engineer In charge of the bureau of public roads offices at Missoula. Mr. Clark made - final inspection of the Nyack - Crystal creek section of 3.6 miles, built through heavy rock and accept- ed it on behalf of the government. Contractors are moving in crews to start clearing on the Paola section of nine miles. The Gary section will be completed this fall, a steam shovel with 40 men now being engaged there, while another steam shovel and more men will soon go to work on this project, 3.5 miles. Missoula May Consolidate Consolidation of the Missoula city and county government under a man- agership plan le being investigated actively by the Missoula Chamber of Commerce. The board of directors was asked by Chairman Frank Kleth of the chamber's taxation cornmitte• to take immediate steps in the matter of furnishing figures and facts es- sential to the proposed consolida- tion that the managership plan he favored.
