A history and legal analysis of vigilantism in Montana in the 1860s, from a state Supreme Court justice and legal historian. Historians and novelists alike have described the vigilantism that took root in the gold-mining communities of Montana in the mid-1860s, but Mark C. Dillon is the first to examine the subject through the prism of American legal history, considering the state of criminal justice and law enforcement in the western territories and also trial procedures, gubernatorial politics, legislative enactments, and constitutional rights. Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold. Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come. “[Justice Dillon’s] book reads like a Western. Dillon masterfully sets the stage for the rise of the Montana vigilantes by bringing alive the people who created and lived in [mining] towns. There are heroes, villains, shady characters, and more than a few politicians, businessmen, lawyers and judges. What sets Dillon’s book apart from historical texts and fictional tales is that he provides legal analyses and explanations of the trials, sentences, due process and procedures of the day . . . And shed[s] grisly light on the details of the hangings. Dillon’s unique background as an attorney and judge and his downright dogged research are what makes this complex story so engaging. The prose is clear, crisp and gets to the point. . . . The book is satisfying because it answers contemporary nagging questions about the law regarding the vigilantes and the hangings.” —Gregory Zenon, Brooklyn Barrister “Dillon’s analysis of the vigilantes of Bannack, Alder Gulch, and Helena in Montana Territory is the most detailed, insightful, and legally nuanced yet produced. . . . This book is a model for historians to follow when dealing with 19th-century criminal proceedings. Establishing historical context includes examining the laws in books as well as the law in action.” —Gordon Morris Bakken, Great Plains Research

The Bad Old Days of Montana celebrates the state’s glorious and rowdy past. Many people born and bred here relish just how “bad” things used to be: the terrain, the inhabitants and especially the quality of whiskey. It almost goes without saying that Montana had all the characteristic wild west elements — and in abundance! The chapters focus on the infamous and notorious rather than the law-abiding and civic-minded settlers. These pages, like the state, recount the tales of people who came west seeking if not their fortune, at least opportunity. It is no secret that Montana was settled by the adventurous willing to brave the harsh conditions and to prevail. Whether on the right or the wrong side of the law, all settlers and pioneers made unique contributions to the state’s complex culture. Certainly, in the nineteenth century, Montana was not for the faint of heart. Beginning with the Lewis and Clark Expedition of 1804 as the origins of the mountain men, the book will offer a variety of strange tales, ranging from vigilanteeism to the heyday of the Copper Kings. Many such tales were influenced by too much whiskey and greed. This book is an account of the misfits, outlaws and rugged individuals who cast their mark on this most remarkable state. Populated by the native tribes before “discovery” by Lewis and Clark at the headwaters of the Missouri River, the land that would become known as Montana was traversed by mountain men, mined by gold and mineral seekers and ranched and harvested by the homesteaders. Throughout these varied waves of discovery and settlement, this book explores the less-than-savory dealings, the early attempts at law and order (which often failed or had questionable results), and the myriad of colorful characters and events that made Montana what it is today.

In this recently unearthed memoir, Civil War veteran James Howard Lowell offers a firsthand account of his brutal journey west on a wagon train attacked by Indian Dog Soldiers. The Boston Yank staggers snow blind through a Laramie Plains blizzard to reach Salt Lake City, where he meets Brigham Young. In Montana, he joins an old forty-niner to work a mining claim, practices "tomahawk jurisprudence" in Fort Benton and builds a mackinaw to head downriver through Deadman Rapids to trade with the Crow and Gros Ventre tribes. Lowell's great-great-granddaughter edits this tale populated with colorful characters, narrow escapes and important historical events, such as the Baker Massacre. It features Lowell's letters to his sweetheart and Civil War correspondence.

For centuries, on prairie grasslands, dusty streets and racing ovals, everyday Montanans participated in the sport of kings. More than a century after horses arrived in the region, Lewis and Clark's Nez Perce guides staged horse races at Traveler's Rest in 1806. In response to hazardous street races, the Montana legislature granted communities authority to ban "immoderate riding or driving." Helena led the way to respectable racing, with Madam Coady's fashion course hosting the first territorial fair in 1868. Soon, leading citizens like Marcus Daly built oval tracks and glitzy grandstands. By 1890, a horse named Bob Wade set a world record for a quarter mile in Butte, a mark that stood until 1958. Horsewoman and historian Brenda Wahler highlights the Big Sky's patrons of the turf and courageous equine champions, including Kentucky Derby winner Spokane.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

Noted western historian Robert K. DeArment recounts the remarkable careers of eight men--Pat Garrett, John Hughes, Harry Love, Harry Morse, Frank Norfleet, Bass Reeves, Granville Stuart, and Tom Tobin--who pursued notorious criminals.

Until the early twentieth century, life in the American West could be rough and sometimes vicious. Those who brought thieves and murderers to justice at times had to employ tactics as ruthless as their prey. In this follow-up to his first collection of biographies of the West’s most recognized man-hunters, noted western historian Robert K. DeArment recounts the remarkable careers of eight men—Pat Garrett, John Hughes, Harry Love, Harry Morse, Frank Norfleet, Bass Reeves, Granville Stuart, and Tom Tobin—who pursued notorious criminals. Volume 2 of Man-Hunters of the Old West shows that limited resources and dire conditions often made extralegal violence necessary for survival. Harry Love, the famous killer of California bandito Joaquin Murrieta, and Tom Tobin, who ended the murders of the Espinosa gang in Colorado, tracked their quarries to remote hideouts, shot them, and cut off their heads to prove they had been eliminated. Felon trackers, like the vigilante organizations that preceded them, on occasion administered summary justice—the on-the-spot hanging of their captured prey—especially if they believed the established court system was not working. Some of the man-hunters in DeArment’s accounts were freelance scouts and trackers; others were career officers of the law. At least one, Frank Norfleet, was a private citizen turned dedicated nemesis of con artists. Love, Stuart, and Morse began life as easterners who made their way West. All the others were midwesterners or far westerners. Some of these man-hunters wrote about their adventures, and were written about in turn. Garrett’s account of his hunt for Billy the Kid remains a best seller, for example, and both Reeves and Hughes have been credited for inspiring the Lone Ranger of TV and movie fame. DeArment discusses constant threats to the man-hunters’ survival, the federal government’s undependable presence, and extralegal violence as major themes in western law enforcement. In recounting these eight men’s adventures, this volume reveals the forces that made brutality seem commonplace.

Wilbur Fisk Sanders has been mentioned considerably in many works on Montana history but has never been the subject of a comprehensive individual work. Order Without Law is the first and complete work devoted to Montana’s first U.S. Senator and introduces never before published aspects to his colorful and important history.

A Financial Times Best History Book of the Year A surprising account of frontier law that challenges the image of the Wild West. In the absence of state authority, Gold Rush miners crafted effective government by the people—but not for all the people. Gold Rush California was a frontier on steroids: 1,500 miles from the nearest state, it had a constantly fluctuating population and no formal government. A hundred thousand single men came to the new territory from every corner of the nation with the sole aim of striking it rich and then returning home. The circumstances were ripe for chaos, but as Andrea McDowell shows, this new frontier was not nearly as wild as one would presume. Miners turned out to be experts at self-government, bringing about a flowering of American-style democracy—with all its promises and deficiencies. The Americans in California organized and ran meetings with an efficiency and attention to detail that amazed foreign observers. Hundreds of strangers met to adopt mining codes, decide claim disputes, run large-scale mining projects, and resist the dominance of companies financed by outside capital. Most notably, they held criminal trials on their own authority. But, mirroring the societies back east from which they came, frontiersmen drew the boundaries of their legal regime in racial terms. The ruling majority expelled foreign miners from the diggings and allowed their countrymen to massacre the local Native Americans. And as the new state of California consolidated, miners refused to surrender their self-endowed authority to make rules and execute criminals, presaging the don’t-tread-on-me attitudes of much of the contemporary American west. In We the Miners, Gold Rush California offers a well-documented test case of democratic self-government, illustrating how frontiersmen used meetings and the rules of parliamentary procedure to take the place of the state.

This cutting-edge edited collection brings together 17 scholarly essays on two of cinema and television’s most enduring and powerful themes: law and crime. With contributions by many of the most prominent scholars in law, sociology, criminology, and film, Framing Law and Crime offers a critical survey of a variety of genres and media, integrating descriptions of technique with critical analysis, and incorporating historical and socio-political critique. The first set of essays brings together accounts of the history of the Law and Cinema Movement; the groundbreaking genre of “post-apocalyptic fiction;” and the policy-setting genesis of a Canadian documentary. The second section of the book turns to the examination of a range of international or global films, with an eye to assessing the strengths, frailties, and possible functions of law, as depicted in fictional cinema. After an international focus in the second section, the third section focuses on law and crime in American film and television, inclusive of both fictional and documentary modes of narration. This section’s expansion beyond film narratives to include television series attempts to broaden the scope of the edited collection, in terms of media discussed; it is also a nod to how the big screen, although still a dominant force in American popular culture, now has to compete, to some extent, with the small screen, for influence over the collective American popular cultural imaginary. The fourth section, titled brings together various chapters that attempt to instantiate how a “Gothic Criminology” could be useful, as an interpretative framework in analyzing depictions of law and crime in film and television. The fifth and final section covers issues of pedagogy, epistemology, and ethics in relation to moving images of law and crime. Merging wide-ranging analyses with nuanced scholarly interpretations, Framing Law and Crime examines key concepts and showcases original research reflecting the latest interdisciplinary trends in the scholarship of the moving image. It addresses, not only scholars, but also fans, and will heighten the appreciation of connoisseurs and newcomers to these topics alike.