Tales of the Colorado Pioneers. Alice Polk Hill
read the warrant for his arrest, a death-like paleness covered his face and every nerve seemed to tremble.
He was taken to Leavenworth, where a single half-hour’s trial was held, and, in mockery of justice, he was acquitted, on the plea that the deed was committed outside the jurisdiction of that place, notwithstanding the long-asserted authority of Kansas to the contrary. A violent mob gathered around the house, however, with the avowed intention of hanging him. He placed himself under the protection of the Mayor.
The wildest excitement prevailed. The seething, angry crowd surged to and fro, and, as night came on, bonfires were built, which threw their lurid light far out over a scene at once weird and fearful.
Infuriated men armed with muskets, revolvers and knives, were sending up the fierce demand: “ Hang him! Hang him!”
Mayor McDowell expostulated with the rioters, and made several speeches urging obedience to the law.
The ruling spirits at last agreed that Gordon should be delivered to Middaugh. The scene that ensued was in¬ describable. The brave officers gathered around the pris-
THE HANGING OF GORDON. 59
oner. They were forced- by the frenzied crowd into a narrow, rocky glen. Several times a halter was thrown around the neck of Gordon, and as quickly cut by an officer. Darkness closed about them, and the howls and oaths of the mob made a din that was fearful.
The prisoner begged to be hung, shot, anything to put him out of his misery.
He was bruised and lacerated; every shred of clothing torn from him; nothing left upon his body but clanking chains. Middaugh at length carried his prisoner through the storm, and on the 28th of September they reached Denver.
Intense feeling began to manifest itself. The crowd which met them soon adjourned to a grove to organize a court, for they intended Gordon’s trial to be in accordance with law and justice. Judge H. P. Bennett, who sat far off with his back to the crowd, was nominated as prosecutor for the people, but he declined, saying the the Judges appointed would control the jury. If they would appoint a new set of Judges, he would prosecute. The request was acceded to, and the Judge was chosen for the prosecution with a deafening yell. He arose and stated that it would require some time to collect his evidence, and requested the trial to be adjourned until the next morning at nine o’clock. He urged the people to let right be done, though the heavens fall. He said, “the trifling of one of the highest tribunals in the land with the life that is now in our hands, has turned the eyes of tens of thousands in the States towards Denver, where no law of the great American Union claims jurisdiction. Let us temper justice with mercy, and let no mob or unlawful attempt interfere with the ‘ People’s Court.’ ” Even
60 TALES OF THE COLORADO PIONEERS.
after this ardent address, an attempt was made during the night to rescue Gordon.
The next morning they entered upon the trial. Gordon was allowed every advantage that could have been accorded him by the highest and best regulated court in the land. He was supported by able lawyers, who labored faithfully in his behalf. The verdict, “guilty,” was rendered by twelve of the most respectable and responsible citizens of the country, and the sentence of death passed by the court and endorsed by the assembled hundreds. He was given time to make temporal and spiritual preparation for his unhappy end. Petitions were circulated for a reprieve, but without success. If to be hanged was inevitable, he wished no delay, for there was no reprieve from his conscience.
From the depths of his misery thoughts came thick and fast of his misspent life, of the alluring woman who placed the red wine to his lips and led him to ruin—of the life he had taken—of the horrible death before him— of the hopes, prayers and tears of his gray-haired mother. In the words of Byron’s “ Manfred,”
“ Though thy slumbers may be deep,
Yet thy spirit shall not sleep;
There are shades which will not vanish,
There are thoughts thou canst not banish;
And to thee shall night deny
All the quiet of her sky.”
On the following Saturday, October 6th, as the sun was sinking behind mountains shrouded with mystic light, Gordon was led to the gallows. Rev. Dr. Rankin, Sheriff Middaugh and a few others, mounted the scaffold with him. Prayer for the doomed was offered, during which
PEOPLE’S COURTS. 61
Gordon knelt and the vast assemblage stood with uncovered heads. At the close he said, in a faltering voice:
“Gentlemen, you who have been my friends and en¬ deavored to obtain a reprieve for me in the hope of secur¬ ing my banishment from the Territory, I thank you from the bottom of my heart; I thank the ladies and gentlemen who have visited me during my confinement, and been so good to me. Speak of me kindly to my mother. Oh, if some good friend here would shoot me! But it is all well—good-bye. Mr. Middaugh, remember to fix the knot so it will break my neck as soon as possible. Oh, God have mercy! ”
And thus ended the career of one who had many friends—but the people were inflexible in administering justice. Truly the “way of the transgressor” is hard, and his sins will find him out.
CHAPTER XIII.
PEOPLE’S COURT.
Kansas failing to exercise judicial authority over the region, the Solons of the place were called together in the fall of ’60 to draft a code of laws suitable to their needs; and organized a tribunal which they dignified with the title of “People’s Court.” They elected a mayor, judges and city council, levied and collected taxes, and performed all the functions of a legally constituted city government. J. C. Moore was the first mayor. Major Downing was the first judge. In looking over the archives I found a record of very startling divorce case. A wife’s petition for divorce, and the husband’s quit-claim deed of her, of which the following is a true copy:
62 TALES OF THE COLORADO PIONEERS.
DIVORCE—JUDGE HOWARD’S QUIT-CLAIM DEED TO HIS WIFE.
}
MARY E. HOWARD, In Court of Chancery,
Plaintiff, Denver City
vs. Jefferson Territory
JOHN HOWARD,
Defendant.
PETITION FOR DIVORCE.
To the Plaintiff in the above entitled action:
Whereas, having been citied through the press at Denver,to appear before one Judge Downing, of the above entitled Court, to show cause why your prayer to be divorced from me should not be granted:
I, the defendant, hereby state (waiving my own oath in the premises) that I don’t know any such cause whatever, and, therefore, confess the corn. And said defendant, as Judge of the Canon City District Court, enters a decree in your favor accordingly ; and in order to relieve you of any embarrassment in the matter, I have executed and send you herewith attached as part of this answer, a quit-claim deed
of all my right, title and interest whatever in you, leaving a blank to be filled up by the name of the party-grantee, by whom you may in future be claimed under squatter title. Hoping you will fully appreciate my good feeling in the premises, I hereby attach the said deed, as follows, to wit:
Know all men (and one woman) by these presents, That I, John Howard, of Canon City, of the first part, do hereby give, grant, bargain, convey, and quit-claim, all my right, title and interest in and to the following (un) real estate, to wit: The undivided whole of that ancient estate known as Mary Howard, (the title to which I acquired by discovery, occupancy, possession and use,) situated at present in the town of Denver, Jefferson Territory, together with all the improvements made and erected by me thereon, with all the rents, profits, easements, enjoyments,