Along the River Trail - Part 2

By Dan R. Conway

(First published in the Hysham Echo on April 14, 1927

Peale Murdered

Arrived at the mouth of the Judith river, they tied up the boat and dispatched one of their number ahead to Fort Benton to learn if Peale was there; and, if not, where he had gone. In less than a week, the messenger returned with the news that word had been received to the effect that Peale had been killed in a gambling house fight at Helena, only a few days previous to the arrival of the messenger.

A conference of the Quantrill men was held and it was determined to proceed with the boat and confirm the report of Peale’s killing. At Fort Benton they were afforded verbal confirmation of the report and they then entered upon a wild debauch, broke up some of the gambling games and terrorized the town for several days. Before starting down the river, they pushed on to Helena to make absolutely certain that People was dead and buried. Having done this, they returned to Fort Benton, boarded their steamer and headed downstream.

Scatter Westward

By the time they had arrived at Sioux City, federal authorities were on their trail. They abandoned the Richmond and struck out overland for Idaho. There they lived for a time the lives of road agents, some of their number being killed. Some of them went to Cheyenne and opened up a gambling house. Captain Miller finally went to Quantrill’s ranch in Texas, where he later died of tuberculosis.

Murder of Captain Spear

One of the most unusual crimes ever committed on the waters of the “Big Muddy” during the days when steamboat traffic was in its heyday, was the murder in 1867 by an American soldier of Captain W. D. Spear, an officer of the British army, who was traveling on leave. This was an episode, too, which resulted in strained relations between the British and the United States governments, and for a time threatened serious complications. This tragedy was enacted on board the steamer Octavia, a brand new boat which had just been completed and was designed for traffic between St. Louis and Fort Benton. The boat had been built under the direction of Captain Joseph LaBarge and was named in honor of his second daughter, Octavia LaBarge.

Trade on the river appeared dull in the spring; but, in spite of the fact that he had no contracts with the government for carrying supplies to the military posts in the Up Country, advertised for a trip to Fort Benton. Within two weeks, the boat was filled with private stocks of freight and a good list of passengers. The freight included merchandise for practically every firm in Helena and Fort Benton, and the list of passengers was a long one. Among the notable men on the vessel was Green Clay Smith, the newly appointed governor of Montana Territory, and the surveyor general of the territory, Thomas E. Tutt, later a well known St. Louis banker.

Captain LaBarge and Gen. Sherman

An interesting incident took place just before the departure of the boat in which General Sherman figured. It appeared that a Colonel Thomas, General Sherman’s quartermaster, had contracted with W. M. McPherson, another boat owner, for all the season’s business of the army up the river. The Octavia was about to leave St. Louis on a Tuesday, and on the Saturday preceding General Smith went to Captain LaBarge and told him that General Sherman had advised him that the Octavia was to pick up 100 soldiers at Omaha and carry them to the mouth of the Judith river in Montana, where Camp cook was located. This was news to captain LaBarge. He went to call on General Sherman, who greeted him cordially and told him he had arranged matters so that no delay would result from the embarkation of these men at Omaha.

“But that is not the question, general,” said Captain LaBarge. “I cannot take the troops.”
“Ah! that alters the case,” replied the general. “haven’t you room?”

Captain LaBarge answered the that he probably could make room, but he understood that the shipment was under the contract held by McPherson. The general replied that it was.

“Well, them,” replied LaBarge, “I will not carry them, because McPherson will not pay my price. He gets a good price from the government, but the poor steamboat man who does the work gets nothing for it. For example, he gets $50 per head for transporting the men to Camp Cook. He will pay me $15 and pocket the $35. He does no work and takes no risk. I will not work for him on such terms.”

“I think you are perfectly right,” said the general. “In your place I would do the same thing. But you will carry the troops for General Sherman?”

“I will,” replied LaBarge, “if you will contract with me individually and directly and pay me the McPherson rates.”
“That’s fair,” said the general, and he called in his quartermaster, Colonel Thomas, and told him to draw up a contract, which was signed.

Trouble Brews

The Octavia left St. Louis May 7, 1867. At Omaha the troops were taken aboard, and Captain LaBarge received also as a passenger Captain W. D. Spear, 79th Royal Rifles, of the British army, who was on leave from India and was sight-seeing in America. He was going to Fort Benton and from there to Salt lake and California. This embarkation of troops and this british officer was the prelude to a distressing tragedy.

The troops were mostly Irish Fenians, and the lieutenant in charge was an Irishman, all intensely hostile to the English. Their attitude toward Captain Spear was insulting from the start. Captain Spear observed to Captain LaBarge that he was in a most dangerous situation, but the latter was not alarmed, for Captain Spear was a quiet, reserved man, but entirely fearless, going ashore frequently alone despite danger from Indians.

Capt. Spear Shot Down

Just after midnight of June 7, as Captain Spear and young Joseph LaBarge, son of Captain LaBarge, were going up the steps of the hurricane deck, Captain Spear being a little ahead, a sentinel, William Barry, stationed near there, fired at Captain Spear, the bullet piercing the base of his brain and killing him instantly.

There was great excitement and indignation among the passengers and Barry was placed in irons. The following day an inquest was held by a committee of the passengers, consisting of Governor Green Clay Smith of Montana, Thomas E. Tutt, surveyor general of Montana territory, Sam McLean, Richard Leach, T. H. Eastman, George W. McLean and W. J. McCormick who acted as secretary. Several of the passengers and crew were sworn and testified. No motive could be discovered for the deed. Barry declared in an arrogant manner that he had done his duty and refused any further explanation. The sentinel’s orders required him to challenge only persons approaching the boat from the shore, and it was expressly agreed by Lieutenant Horrigan, in charge of the soldiers, as a condition permitting him to place sentinels on the hurricane deck that they should in no manner interfere with the passengers.

The finding of the committee was that the shooting was not in accordance with any instructions given the sentinel, and he deserved the most rigid punishment known to law.

There was a strong sentiment in favor of lynching Barry, but the soldiers could have easily prevented it and every one believed that he would meet due punishment in due time by process of law. He was therefore kept under arrest and closely guarded.

The remainder of the trip up the river was an intensely dangerous one, owing to the intense hostility of the Indians. At Fort Buford Captain LaBarge put off the remains of Captain Spear to await his return. The body was in a manner embalmed by the construction of a large wooden box filled with green cottonwood sawdust, which the commander of the post stated would answer the purpose and which did so quite satisfactorily.

The post commander refused to receive the prisoner, who was taken to Camp Cook. At the latter place, at the mouth of the Judith river, the commanding officer refused to court-martial Barry on the ground that the crime had been committed in Dakota. He held the prisoner for Captain LaBarge to take him back to Yankton on the return voyage.

On the journey down the river Barry was delivered to the United States marshal, who held him until orders were received from Washington, which, to the surprise of all, ordered Barry’s release. He was thereupon sent back to his company.

(continued next week)

“The Woodhawks”

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