The Philipsburg Mail Archives had a short article in the May 25th issue about “The P'Burg Vigilante Case Thrown Out of Court” from 1888, which reminded me I had ran across that article years ago and could not find any follow up to understand the happenings. So I set about delving into the Library of Congress Newspaper archives. Seems that the Philipsburg news media did not really wish to discuss the happenings but other news papers in the state carried articles of the story.
Almost a year earlier, the July 30, 1887 Livingstone Enterprise published the following article: “Between twenty-five and fifty masked citizens at Philipsburg last Friday morning before daybreak, took Louis Demars, Samuel Tolman and Fred L. Currie from their lodgings and marched them out of town. Near the outskirts of town a rope was put about the necks of the two former and they were drawn up but let down again, and admonished never to return to Philipsburg. Currie kept on walking but Demars and Tolman returned the same day and swore out complaints against a number of the alleged assailants, whom they claim to have recognized. It seems this trio had incurred the ill will of the citizens of Philipsburg, by jumping certain mining claims. Monday morning James Patten, Mike Shovelin, M. Burke, N.B. Ringling [Ringeling], Joe Napkey, L. Porter, Charles Porter, Joseph Valley, Hugh McDonald and Mark Sullivan charged with being implicated in the affair, were arraigned at Deer Lodge to answer the charges against them. They pleaded not guilty and the trial was set for Wednesday, when all but Chas. Porter were placed under bonds of $1,000 to appear before the Grand Jury at the next term of court.”
The July 28, 1887 Helena Weekly Herald stated: “The Philipsburg Affair. From Deer Lodge July 27-Special to the Herald-The case of the Territory against (The above named men) on the charge of riot, came up for trial before Judge Emerson this morning at 10 o’clock. The defendants are charged with complicity in the recent mobbing affair at Philipsburg and are the same that were arraigned last Monday. …When the case was called the prosecuting counsel withdrew the charge of riot and entered complaint against the defendants for assault with intent to do bodily harm. The case was then continued until this afternoon when the parties will have a hearing on the latter charge.”
Research does not reveal the afternoon case, nor follow-up until The Butte Semi-Weekly Miner May 16, 1888 carried the following: “…The Ku Klux Cases so called because the indictments were framed and it was sought to try the defendants under the United States laws against conspiracy to assault which was framed during the reconstruction days, The offense alleged in the indictment is that the defendant, Ringling and others, in pursuance of a conspiracy entered a cabin of Sam Coleman and Louis Demars’, the owner and locators of the Charles Clarke (?Sp) No. 2 lode mine in the Flint Creek District and assaulted them with pistols, guns etc., put a rope around their necks and threatened to hang them, ordered them to leave and never return to the district and by force attempted to compel them to sign a deed conveying all of their interest in the mine to one of the attacking party….It having been decided previously that the defendants should be tried separately Mr. Ringling was arraigned and pleaded not guilty…a lengthy legal discussion followed and that the indictment was erroneous in that it alleged the witness was the owner and locators of the mine, which allegation was not borne out by the records.”
Apparently five people were the original locators and the argument was that although the defendants insisted the claims were located in May and that on July 22 they were deeded over to the two defendants, the deeds were produced but because they were dated August 1 they were ruled out. After about four hours of legal battling it was moved that the jury be directed to return a verdict of not guilty. The jury returned a verdict of not guilty and the prisoner was discharged and his bail returned.
Obviously the other defendants cases were then dismissed as they had all been charged with the same offense. I am assuming since N.B. Ringeling had been a Mayor of Philipsburg and was very influential in his managing of more than one mining company, the choice to have his case go first held great weight. Most interesting is how a case of a mob threatening citizens with a lynching was manipulated to rest on the fact that the prosecution did not have a proper deed to the claim the dispute was based on.
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