View source for Alvah Tilton

Alvah Tilton (c. 1874-?) is best remembered as the person who killed [[James Pym]], a decorated veteran of the [[Great Sioux War of 1876]], who survived the [[Battle of Little Big Horn]] as a member of Company B of the [[7th Cavalry]] in the two day siege on [[Reno Hill]].

Alvah Tilton was born in [[Des Moines, Iowa]], son of Arthur and Emma Tilton and brother of Julia and Etta, of Ankeny, Polk County, a north-eastern suburb of Des Moines. Previously employed as a farmer, in 1893 he was working as a cowboy for the 7UK outfit, west of [[Miles City, Montana]], up the [[Yellowstone River]], near [[Forsyth, Montana]].

Around 6 p.m. on Wednesday, [[29 November 1893]], a single pistol shot was heard in the area of North Fifth and Palmer Streets, Miles City, followed by the screams of a woman, coming from the home of Daniel Cronin. James Casey who lived in the adjoining house ran out just in time to see a man hurriedly leaving Cronin’s and turn down towards Main Street, while Mrs Cronin had fallen in the snow near the back door. Casey took her into his house before going into next door where he found James Pym lying on the floor, clearly dying. He at once gave the alarm and Dr Robert G. Redd, Deputy Sheriff Thurman, Chief of Police E. S. Jackson and Acting Coroner John Gibb were soon on the scene. Dr Redd pronounced Pym dead and the acting coroner proceeded to swear a jury, while the law officers immediately started an investigation.

According to Mary Cronin, Alvah Tilton, who had been working for the 7UK outfit, near Forsyth, returned to the city the day before and came to her house to collect some washing she had done for him. They were in the middle room of the three in the building when Pym opened the front door and burst in. As soon as he saw Tilton he walked up to him, and saying “You son-of-a-bitch, I’ve been looking for you all day,” hit him two or three times. Tilton staggered back against the wall and in an instant fired, although Mrs Cronin claimed that she did not see any weapon. The unarmed Pym turned and left the room, laughing as he went, but died where he fell. Tilton ran out of the back door and disappeared.

As soon as Tilton left the house he went straight to [[Hi Astle]]’s livery stable, where he had a saddle horse, put on his overcoat, hat and spurs, and took to the hills. The night was very stormy and cold, and it was unlikely he could get away, so no effort was made to follow him until the next morning, when Sheriff James B Hawkins, Deputy Thurman, and Chief of Police Jackson crossed the Tongue River, and set off in pursuit. About four miles above town they found Tilton’s campfire, near which he had passed part of the night, where his horse had been tied in the brush and a very fresh trail leading up river. Thurman and Jackson pressed on while the sheriff came back to town. Tilton’s trail was easy to follow on the snow-covered ground and he was soon found at Frank Herman’s ranch eating breakfast. Two Winchesters close to his head removed any idea of him making a fight, and shortly after midday he was safely locked up in the town’s jail. He said, and related circumstances to prove it, that after crossing the frozen river he came back to Cronin’s house on foot and remained in the neighborhood for about an hour. It was during this time he learned that Pym was dead and the officers would not be following him until morning.

Tilton was subsequently charged with murder but found guilty on the reduced count of manslaughter, which carried a sentence of six years.

Pym's motivations, if known, were never published. For unknown reasons, it proved difficult to assemble a jury. 

The killing of James Pym was reported in the Daily Telegraph [Quebec, Canada], 1 December 1893.

Veteran of Custer Fight Killed: Miles Alfred (sic) Tilton, a cowboy, yesterday (sic) shot and killed Jim Pym, an ex-soldier, who wore a medal of honor voted him by Congress for bravery in the action in Custer’s fight on the Little Big Horn in 1876. 

The Inquest

After the coroner’s jury had been sworn in on the Wednesday evening an examination of Pym’s body was made when it was found that the bullet had entered the left side, just below the ribs, and had not come out. Clearly Pym was proud of his actions at the Little Big Horn battle, which is evidenced by the fact that he was actually wearing his Medal of Honor at the time of the shooting and this prestigious decoration was “removed from his breast” by the coroner. An adjournment was taken until 10 a.m. on 2 December in order that Dr Redd might hold a post mortem examination. He completed the autopsy, and the same day Pym’s remains were buried in a pauper’s grave, except for some parts that were kept for further examination, pending an adjournment of the inquest for another twenty-four hours.22

Tilton Arraigned

Alvah Tilton was brought before Justice Gibb at the sheriff’s office at 2.30 p.m. on 4 December for his preliminary hearing. After having the warrant read to him he took his seat and was asked if he had counsel to defend him in the charge for which he stood accused. He replied that at present he had no counsel or money with which to procure one but expected that in a few days he would be able to furnish the same. Attorney Myers stated to the court that he would act on his Tilton’s defence until such counsel was procured, which was accepted by the judge. Myers then stated on behalf of the defendant that he would demand a hearing, which was set for 10.00 a.m. the next morning at the office of the police magistrate.

The defendant’s appearance signified anything in the world but he was a murderer. He stood 5 feet 9, was of light complexion, clean shaven, and in carriage followed the same description as would be given to the manner of walk, etc, nine out of ten cow punchers had, his expression was very dull and his face in general did not portray anything that would class him among intellectuals. On the stand he stated he was 22 years old (actual age 20) and displayed no outward sign of distress apart from changing his sitting position and generally wanting to do something with his hands.

The Preliminary Hearing

It was arranged for Tilton to appear before Justice Gibb at noon on 5 December 1893 but owing to some unexplained confusion as to the correct time and venue, the hearing was delayed until 1.00 p.m. at which time the prisoner and witnesses were all on hand and the hearing was proceeded with. The first witness was Dr Redd, who said in substance that Pym had come to his death by a bullet wound, which caused his demise some thirty minutes after the infliction. Deputy Sheriff Thurman and Chief of Police Jackson testified that Tilton had admitted to them that he had killed Pym, but that he had acted in self-defence.

On the part of the defence Mary Cronin was called and said that Pym had entered the house, had abused Tilton by words and action, and that a shot was fired, but that she did not see it. This completed the evidence before the court and the prisoner was committed to jail to answer the charge of murder.23

The Trial

On Friday, [[16 February 1894]], Alvah Tilton was brought into court and seemed perfectly cool and collected, even more so than his father, who sat beside him. Jason W. Strevell, Thomas J. Porter and George Myers appeared for the prisoner and County Attorney Charles H. Loud represented the state of Montana.

The work of selecting a jury was immediately commenced, and the original venire of 24 was soon exhausted, without securing the necessary twelve. A special venire was issued for 15 more, but with no better result. Another 20 talesmen were summoned for 7.30 that evening and in about an hour twelve impartial men had been accepted, whereupon the court adjourned until the next morning when the jury was sworn in. After a statement of the case by the county attorney Mrs Mary Cronin, the only eyewitness to the shooting, was called. Her direct examination occupied the court’s time until noon, when E. K. Chapman and W. W. Alderson were sworn as bailiffs to assist Deputy Sheriff Thurman in looking after the jury.

When the court reconvened at 1.45 p.m. the county attorney created quite a sensation by moving for the impeachment of Mrs Cronin, who was his own witness, and the court took the matter under consideration, excusing her from cross-examination until a decision was given. Deputy Sheriff Thurman then took the stand, followed by Chief of Police Jackson, John Gibb and Dr Redd who were also examined on behalf of the state, after which the court adjourned.

At the afternoon session on the next day, the county attorney recalled Jackson and Thurman, and then the matter of the application for impeachment of Mary Cronin was brought up, and the court decided not to permit it. Mr. Loud thereupon rested his side of the case. The court then adjourned to give Tilton’s attorneys an opportunity to arrange their line of defence. In the event, they put just one witness – Hi Astle – on the stand and then closed their case.

The sudden closing of their side of the case by the attorneys of Alvah Tilton was a surprise to those who had watched the trial, especially when it was known that they had subpoenaed a number of witnesses and had used only one, but the action of the county attorney in endeavoring to impeach Mrs Cronin, his own principal witness, suggested a failure to prove what the state expected to, and undoubtedly caused the speedy termination of the trial. However the strain on both the prisoner and his father began to tell on their nerves and sighs of smothered emotion, mingled with fear of a ‘guilty’ verdict, were frequently heard.

The Verdict

When Myers closed his argument, he was followed by Jason Strevell, who made an eloquent appeal for the young man, and then Mr Loud closed for the state. The court then took a recess to give Judge George R Milburn an opportunity to prepare his instructions to the jury and then everyone went to supper. It was therefore 8.00 p.m. before the jury retired to deliberate upon a verdict, when they found Tilton guilty, not of murder, but of manslaughter. The penalty was left to the court, but was limited by law to not less than one or more than ten years imprisonment in the penitentiary. The prisoner was remanded to the custody of the sheriff until 20 February 1894 to await his sentence, which proved to be six years. In the circumstances Tilton should have considered himself lucky that his killing of an unarmed man was so lightly punished.

Alvah Tilton entered the Montana State Prison at Deer Lodge on [[21 February 1894]] and was discharged on 15 May 1898, having served a little over two-thirds of his sentence. Prison records show he was 20 years of age, 5’ 9” tall, weighed 175 pounds.

It is possible that he died in Nye, Nevada.