“In the spring of 1861 Lieutenant Mullan organized another party and started for Fort Benton to finish up the road he had nearly opened the year before. His expedition was accompanied by an escort of one hundred men under the command of Lieutenant Marsh. The expedition came as far as the crossing of the Big Blackfoot river where they erected winter quarters and named them Cantonment Wright, in honor of Colonel, afterwards General, Wright who quelled the Indian war of 1858 so effectively. During that winter the heavy grades in the Hell’s Gate canyon were constructed.

“On the 5th day of March, 1862, the first marriage of two white persons in Missoula county was solemnized at Hell’s Gate; that of George P. White to Mrs. Josephine Mineinger. The ceremony was performed by Henry Brooks, justice of the peace, and who was afterwards known as ‘Bishop Brooks.’ This was probably the first marriage of white persons within the limits of the country that is now Montana.

Then and Now — Part 127

‘The first lawsuit ever commenced in Missoula county, or in fact in Montana, was commenced and tried at Hell’s Gate, in the month of March, 1862, before Henry Brooks, justice of the peace. The proceedings were under the laws of Washington Territory. A Frenchman called ‘Tin Cup Joe’--other name forgotten--accused Baron O’Keefe with beating one of his horses with a fork handle and then pushing him into a hole, thereby causing his death, and claimed damages in the sum of forty dollars and sued O’Keefe to recover that amount. The place of trial was in Bolte’s saloon. A jury of six was impaneled and sworn to try the case. W. B. S. Higgins, A. S. Blake and Bart Henderson were of the jury. As the trial progressed the proceedings became less harmonious until it ultimately culminated in a bit of unpleasantness, the friends of the respective parties lent a hand and it was far from being a select or private affair. While the unpleasantness was in progress the court and the jury had fled for dear life, and when harmony was restored they were nowhere to be found. After considerable search the court and jury were captured and the trial proceeded. The case was finally given to the jury, and after a brief time they came into court and rendered a verdict for the plaintiff for forty dollars damages. The costs swelled the judgment to about ninety dollars. This was probably the most hotly contested case ever tried in the state. The defendant endeavored to take an appeal to the district court, but as that court was held at Colville, three hundred miles distant, he concluded to settle the judgment, which he did. Poor Bishop Brooks was, in 1865, killed in Uncle Ben’s gulch near Blackfoot City, shot through a glass in a door by whom or for what cause was never known.

Then and Now — Part 127