The Bandits Of The Plains

A. S, Mercer s

The Banditti
of the Plains

WHEN A. S, Mercer in 1894 published
this angry eyewitness account of the
cattlemen s invasion o Wyoming in 1892,
the book was so thoroughly and ruthlessly
suppressed that few copies of that edition
remain today.

Although historians have since ques
tioned some of Mercer s conclusions about
the Johnson County range war, they have
never controverted the facts of the cattle
man-homesteader struggle as he grimly re
ported them* With the intention of "execut
ing * alleged rustlers and terrorizing the
homesteaders, a band of fifty-two cattlemen
and hired gunmen invaded Johnson Coun
ty, Wyoming, in April, 1892. After besieg
ing and killing "the bravest man in Johnson
County," the raiders in turn found them
selves besieged by the homesteaders and
dually m the protective custody of the
United States cavalry* Further legal and
illegal maneuvering permitted the invaders
to go unpunished, but the cattlemen never
M iini alter ){ itu to retain their hold over
< K langc with organized mob violence.
In this new edition of The Banditti of
the Plains the original text has been fol
lowed with the utmost fidelity,, to and in-
cl uling the illustrations. Historians and
on bac\ flap)

978.7

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banditti of the plains

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;~ THE WESTERN

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"[Put "

HE BANDITTI
OF THE PLAINS

OR

The Cattlemen s Invasion of Wyoming in

1892

[THE CROWNING INFAMY OF THE AGES]

BY
A. S. MERCER

With a Foreword by WILLIAM H. KITTRELL

NORMAN : UNIVERSITY OF OKLAHOMA PRESS

Library of Congress Catalog Card Number 54-5940

New edition copyright 1954 by the University of Oklahoma Proa

Publishing Division of the University

Composed and printed at Norman, Oklahoma, U.S.A.

by the University of Oklahoma Press

First printing, April> 1954

Second printing) July, 1954

Third printing, December, 1955

Fourth printing, February, 1959

CONTENTS

Foreword, by William H. Kittrell xiii

Preface 3

Introductory 5

i War on the Rustlers The Hanging of Jim Averill

and Cattle Kate on the Sweetwater 17

n The Hanging of Waggoner Near Newcastle Attack
Upon Nathan D. Champion and Ross Gilbertson
on Powder River Brutal and Cowardly Murder
of John A. Tisdale and Orley E. Jones in Johnson
County 2,1

in Organizing the Invasion The Wyoming Stock
Growers Association as a Promoter Cheyenne,
the Rendezvous of the Plotters Acting Governor
Amos W. Barber Preparing the Way for the In
vaders The Press of the Land Hoodwinked Into
False Statements to Prepare the Public Mind to
Sympathize with Coming Events 28

iv Thirty Hired Assassins and Twenty Representative
Stockmen Leave Cheyenne to Murder, Burn and
Destroy The Final Preparations and the Start

vii

KANSAS CITY (MO.) PUBLIC LIBRARJ

7080845

THE BANDITTI OF THE PI-AINS

Arrival at Casper and Departure, Mounted, Across

the Country 49

v Cowardly Attack Upon the KC Ranch Flight of
Jack Flagg Under Fire Capture of the Trappers
Jones and Walker Shooting of Ray Burning of
the Ranch House Attempted Flight and Killing
of Nate Champion Champion s Diary 53

vi The March to the TA Ranch Incidents by the Way

Preparing for a Siege 64

vn The Siege Gathering of the Settlers Construction
of Breastworks and Rifle Pits Angus* Wonderful
Ride Official Correspondence Rescued by Order
of President Benjamin Harrison 67

vm Buffalo During the TA Siege Great Excitement* but
Order Preserved Burial of Champion and Ray
Death of Coroner Watkins 83

ix The Prisoners Ordered to Cheyenne The March
from Fort McKinney to Fort Fetterman Triple
Prostitution of the Civil to the Military Authorities 91

x The Kidnapping of the Trappers Jones and Walker

Eye-witnesses of the Murder of Champion and Ray 94

xi Martial Law Threatened Petition of the Invaders to
Acting Governor Barber- President Harrison Is
sues a Threatening Message to Wyoming Citizens
Colored Troops Quartered in the North 107

xn Attempts to Muzzle the Press 120

xin Governor Barber Permits Johnson County Officers to
Serve Warrants on the Invaders Peculiar Condi
tions Precedent Change of Venue Granted by
Judge Blake 122

viii

CONTENTS

xiv The Trial of the Invaders 127

xv Wyoming Stock Growers* Association, Through Its

Officers, Endorses the Invasion 134

Some Matters Incidental to and Connected with the

Invasion 137

A Word About Wyoming 145

Conclusion 149

Appendix 151

<*5><><>0e><><c>^^

ILLUSTRATIONS

Where Champion and Gilbertson were attacked 23

F. E. Warren 32

J. M. Carey 33

Amos W. Barber 43

KC ranch 55

Where Champion fell 58

Go-Devil or Ark of Safety 7

Map of the battlegrounds 72

View of the TA ranch 84

Nate D. Champion 88

Nick Ray 89
George W. Baxter

PCI

<>O<x><c><><>O<^^

FOREWORD

BY WILLIAM H. KITTRELL

JLN PRESENTING a first-edition copy of A. S* Mercer s book,
The Banditti of the Plains, to the Princeton University Li
brary, Mr, Philip Ashton Rollins wrote in 1923 to James
Thayer Gcrould, then librarian, as follows:

October I2th, 1923.
Mr* Gerould, Librarian
Princeton University
Princeton, N- J*

My dear Mr. Gerould,

There is sent you herewith a copy o "The Banditti of
the Plains" by A. S. Mercer, which was printed at Cheyenne,
Wyoming in 1894. The copy thus sent you is unbound
and uncut.

I suggest that it would be wise to have the pages cut in
order that the book may thereby be made readable.

I am also taking the liberty of suggesting that the book
be somewhat safeguarded in your Library. Otherwise you
very likely will discover some day that it has either dis
appeared or else been mutilated.

xiii

THB BANDITTI OF THE PLAINS

As you doubtless know, this attempted publication has
had a curious history, and even today has insecure status on
any library shelL

The book was printed in 1894, was advertised, and was
immediately suppressed by a court injunction in the course
o a law suit instituted in Wyoming. All o the books printed
were impounded and placed in the basement o a building
at Cheyenne, to await the day when they should be destroyed
by burning. There being ways and ways of procuring de
sirable things, several hundred of the books found them
selves one night in a wagon drawn by galloping horses and
headed for the Colorado line. The copy handed you here
with was one of those which began that night ride on the
wagon.

The marks on the back of the last flyleaf represent in part,
I am told, the doings of the fire hose that was called into
play for a few moments. You will recognize some of the
other marks as indicating the course of bullets, I saw these
bullets started on their way.

Various people mentioned in the book are therein ac
cused of having committed murder. Some of the people thus
mentioned and the children of others of such of them as have
died, have for many years united in an attempt to exter
minate the book. To my knowledge, the University of Wyo
ming and the State Library of Wyoming, each have lost
copies of the volume from their shelves* I know also of in
dividuals in the West who have lost their copies.

The book has a curious habit of either disappearing sud
denly and forever, or else of disappearing for a while and
then, when returned to the shelf, showing the marks of
surgical operations.

xiv

FOREWORD

The book is of value to any historian who is dealing with
civilization in the trans-Missouri River country. It should,
however, be carefully weighed by any such historian for the
reason that it gives in most affirmative fashion but one side
of a question which was bitterly contested- 1 speak thus posi
tively because I saw at close range the occurrences dealt with
by the book- In fact, I saw some of them over the sight of
a six gun.

The book will, I think, eventually have a considerable
monetary value as a piece of Americana. Collectors have the
last few years been combing the West for copies of it. I paid
only fifty dollars for the enclosed copy, exclusive of its slip
cover. Unless I be mistaken, the copy sent you is worth
materially more than the price paid for it, I make this sug
gestion as to price, thinking that you might care to have it
for the purpose of your library statistics,

yours respectfully,
(signed) PHILIP A. ROLLINS*

1 This letter is reproduced through the courtesy of the Princeton Uni
versity Library. The original is preserved in the Library with a copy o The
Banditti of the Plains presented by Mr. Rollins in 1923, which is found
under library number Exl238.634.

THE BANDITTI OF THE PLAINS

HEN The Banditti of the Plains, Asa Shinn Mercer s
angry account of the Powder River invasion, made its ap
pearance six decades ago, it was thoroughly and ruthlessly
suppressed. Even the copyright copies disappeared from the
Library of Congress.

Mercer s book accused Wyoming s most powerful men
of a decalogue of crime ranging from genocide to suborna
tion of perjury* And Mercer spelled out his accusations*

He named men in high position and attributed ugly
crimes to them. He charged dangerous men with having
committed murders. He charged the state s highest officials
with complicity and even pointed an accusing finger at the
occupant of the White House. Though he escaped without
anybody taking a shot at him, this cow-country Zola paid a
high price for his boldness. The shop that did the priming
went out of business, and its proprietor was jailed for print
ing obscene literature* Previously noted widely for a sort of
selfless devotion to the cause of building up the Northwest
by speaking and writing of its advantages* Mercer never
again appeared in that role. He lived a quarter of a century
after the publication of the Banditti of the Plains, but he fell
into obscurity from which he never again emerged* There is
no convenient record of his personal experiences after this
climactic event. It is likely that a story of his experiences
would have provided material for another book. Those who
predicted that Mercer would rue the day he published his
indictment prophesied accurately.

The reader would be well advised if at this point he would
turn a few pages further* and pick up the Mercer narrative

xvi

FOREWORD

and read it through. Then he could return to the foreword
for such light as it can shed on The Banditti of the Plains.
The reading of it will raise many questions; this supplement
will throw light on some of them, but will serve as an answer
to few o them.

The reader will want to know more about Nate Champ
ion, Frank Canton, and Major Wolcott, and more than this
book reveals about Asa Shinn Mercer- He will want to know
a lot about Governor Barber, former Governor Baxter, Sena
tors Carey and Warren, Dr. Penrose, Fred Hesse, Mike
Shonsey, Van Rennsalear Schuyler Van Tassel, H* B. Ijams,
and the men who ran the Union Pacific Railroad.

The bloodstained journal of the last day of Nate Champ
ion s life, which tells very clearly how a brave man meets
his death, will make the reader want to know much more
about what manner of man this was who could so calmly
write this deathless testament. Had it not been preserved,
the traditions of the West would have been much poorer,
and Mercer s book might well have been forgotten*

In a lonely cabin far away from any other dwelling, sur
rounded by half a hundred relentless men determined to
have his life, with little chance of rescue, he calmly noted
down his report. His companion, Nick Rac, whose wounded
body Champion had dragged into the cabin under the pro
verbial hail of fire, died beside him as the bullets riddled his
tiny fort.

There is a simple eloquence about Champion s narrative
that more than compensates for his lack of erudition. Words
did not spring nimbly to the pen of Champion, a top cow
hand who had come up the trail from Texas, but when the
narrative is studied with the context of his actions, his words

xvii

THE BANDITTI OF THE PLAINS

tell a story o the last lonely hours of a man o dauntless
courage.

"The bravest man in Johnson County" was the reluctant
tribute paid him by Sam T. Clover, "war" correspondent of
the Chicago Herald, friend, companion, and apologist for
the invaders, who witnessed Champion s death* Mercer, de
scribing the circumstances of the siege and its inevitable
conclusion, thinks that "no stronger expression of heroism
has ever been recorded."

An unconscious tribute to the rude beauty of Champion s
journal may be deduced from the words of the ballad sung
of him, composed, as it largely is of paraphrases of his journal

I am compelled to add my observation that Champion s
journal exhibited a becoming modesty not altogether preva
lent among present-day Texans, He omits any reference to
his exploit in laying down a one-man barrage against the
men who had mortally wounded Rae, and then rushing out
under fire to drag his companion into the shelter of the cabin*

The reader will want to know more about Frank Can
ton, captain of the visiting team of Texas gunmen. Canton,
who was tall, fearless, arrogant, and a dead shot, was as sinis
ter a figure as ever graced a piece of western fiction* Major
Wolcott, the former army officer who commanded the in
vasion forces for the Wyoming cattlemen, invites further
inquiry*

The fascinating fragment about Cattle Kate and Jim
Averill will be most intriguing- Jim was a storekeeper who
sold liquor, as distastefully mentioned by Asa Shinn Mercer,
who had been named for an eminent divine, while Cattle
Kate, his companion, was quite hospitable to the cowboys
of the area and acquired a substantial herd of cattle. Ten

xviii

FOREWORD

cattlemen rode up one day to their establishment and
hanged them both without ceremony, leaving an ugly rent in
the tapestry of gallantry that has been woven about the men
o the West. There will be curiosity about the fate of the
witnesses o the occurrence who so fortuitously disappeared.

Finally, the reader will want to know more about Asa
Shinn Mercer, who penned the book while the deadly, pow
erful men who had directed the invasion at Johnson County
were still around him as he wrote, fully armed and menacing.
They still occupied the impregnable positions and possessed
the means and the men that had emboldened them to launch
the foray of which he wrote. This gives the book a sense of
urgency, a feeling of current danger, the element of suspense
that fixes the reader s interest intently on the outcome.

The Banditti of the Plains is not objective writing. Mercer
was no dispassionate historian leisurely recording for posteri
ty an account of an interesting and significant series of events.
He had been schooled in the classic fashion of his day, and
had probably recited the thrilling address that Spartacus is
purported to have made to the gladiators. Some of the anger
and desperation, some of the sense of outraged justice that
is found in that school boy s classic of a century ago is felt
in Mercer s polemics. He is pleading a cause he believes in,
as the advocate of the settlers, nesters, and rustlers who an
noyed or preyed upon the cattle barons. Winter s winds had
scarcely scattered Nate Champion s funeral pyre when Mer
cer heatedly wrote and painfully published his book.

Mercer, who was born in 1839, was fifty-five years old
when he became the author and publisher of The Banditti
of the Plains. Behind him lay an eventful career- Mercer was
not an obscure person, though the encyclopedias and other

xix

THE BANDITTI OF THE PLAINS

nominal sources overlook him. His career in the Northwest
had been notable enough to encourage Miss Delphine Hen
derson a few years ago to choose him as the subject of an
essay that won Reed College s Armitage Award. Her vigi
lant research enabled her to depict him very clearly* Mercer
had been an author, an editor, an educator, a lawmaker, a
lobbyist of sorts, and an emigration agent. He had founded
the University of Washington, and an island had been named
in his honor*

Firmly convinced that the Northwest Territory was the
Promised Land, offering the greatest opportunity for ma
terial and social advancement, he became its prophet and
evangeL Leaving Ohio, he landed in Seattle in 1861, equipped
with a bachelor s degree freshly bestowed on him at Frank
lin University. As a boy in Illinois, he had sat upon the lap
of Congressman Abe Lincoln, and he seems to have absorbed
some of Lincoln s compassion for those he believed had been
dealt with unfairly.

Soon after his arrival he had been selected to head a uni
versity by Daniel Bagley, territorial commissioner. The term
was for five months and the salary $200 for the entire term.
His title, president of the University of Washington, had a
noble sound, but the size of the student body, which ranged
from a dozen to a score, was in proportion to the salary and
commensurate with the size of the faculty, which consisted
entirely of Mercer.

Not easily discouraged, and given to the long view, he
devised a twenty-year plan for building a student body* The
population of Washington Territory consisted of nine parts
men and one part women. Mercer undertook to change the
proportion by inducing marriageable women to emigrate to

xx

FOREWORD

this nearly womanless Eden. In 1864, after a trip east under
taken primarily to acquaint New Englanders with the possi
bilities o the Puget Sound country, he came back, chastely,
with eleven marriageable young Massachusetts women from
Lowell, to whom he had spoken of the vocational opportuni
ties in the Northwest Territory.

Only one of them returned to the bleak New England
shores, the other ten remaining to marry and, presumably,
raise families to populate the new West.

Encouraged by his success, he undertook a more ambitious
project, a shipload, no less, of potential wives from the East,
where the Civil War had decimated the ranks of husbands,
potential or actual.

Territorial Commissioner Bagley and other civic-minded
Washington citizens backed him in the venture with money
and moral support. He had intended to enlist the aid of
Lincoln, but John Wilkes Booth s treacherous hand dashed
that hope. President Johnson was apparently not impressed,
but General Grant espoused his cause. He gave Mercer an
order for a ship, but Quartermaster General Meigs refused
or failed to comply. General Meigs, however, finally offered
to sell him the i,6oo-ton steamer Continental for $80,000,
which was a bargain, then or now, but Mercer didn t have
that kind of money. Ben Holladay, a shipping tycoon of that
day, did, and he knew a bargain when he saw one; so he
bought the ship at the quoted price and offered to transport
five hundred brides-to-be at a reasonable price per head,

Horace Greeley s New York Tribune gave the enterprise
its accolade, and Harper s Weekly devoted an illustrated fea
ture article to it. Despite this favorable publicity, only forty-
six women joined up, and the Continental sailed on its nine-

THE BANDITTI OF THE PLAINS

ty-six-day voyage to San Francisco, where Mercer landed
with only three dollars left of the sums entrusted to him*

He promptly spent that on a telegram to Governor Pick
ering in Seattle, asking him to provide public funds to trans
port these future mothers of the great Northwest to Wash
ington Territory. The Governor, never a man to show a lack
of appreciation for a civic-minded citizen, sent Mercer a tele
gram that ignored the fiscal aspect completely but was high
and somewhat verbose in his praise. The telegram was col
lect and the bill was $7*50.

Fortunately, Mercer had shipped ahead of him some farm
implements aboard a vessel that had arrived in San Fran
cisco earlier. He sold these for $2,000, thus setting back agri
culture in the Puget Sound country for a decade, but by
using the proceeds he was enabled to transport his company
of maids and widows to Seattle, Presumably he paid West
ern Union for conveying the Governor s good wishes.

The Puget Sound Daily gives evidence that the people of
Seattle received him enthusiastically and welcomed the girls
to their collective bosoms, but his creditors and backers were
disappointed and quite critical of him. No one attributed any
mercenary motive to him*

Mercer was a man of good will with a wide, if somewhat
wandering, vision. He was the author of Washington Terri
tory, the great northwest, her material resources and claims
to emigration. A plain statement of things as they exist,
which was published in Utica in 1865,

While he was then seemingly exuberant in praise of the
Northwest Territory and abounding in prophecies of its great
growth and vast development, the succeeding decades prove
him really to have been possessed of a rare foresight Per-

xxn

FOREWORD

haps the repentant contributors to his evangelical mission
served their chosen country better than they realized.

A little later, he moved to Oregon, where he founded
The Oregon Granger. His choice of a title for this publica
tion is significant. He was the advocate of the grangers and
settlers, and to a degree the apologist of their near kin, the
rustlers.

In Oregon he devoted himself to the promotion of trade
with eastern United States. According to H. H. Bancroft,
an early observer of the development of the Northwest, Mer
cer built the first grain wharf in Astoria, and he is credited
with bringing about the first shipment of wheat from the
Northwest to Liverpool. He was special commissioner of
immigration under Governor Woods of Oregon.

In 1876, Mercer went to Texas, where he became editor
and publisher of four newspapers. Miss Henderson names
the papers, but does not state whether they were published
by him simultaneously. These papers were the Bowie Cross
Timber, the Vernon Guard, the Wichita Herald and the
Mobeetie Panhandle,

These were then Texas cattle towns, starting points for
buffalo skinners, headquarters for big ranching outfits, and
supply centers for the cattle industry. Vernon is today head
quarters for the half-billion-dollar Waggoner ranch interests.
Wichita Falls is an oil metropolis, and its oil men follow the
tradition of cattle country and operate large ranches.

Mobeetie is mostly a memory. Those familiar with west
ern lore will recall its lurid history: Indian fighters, freight
ers, buffalo hunters, trail drivers, outlaws, rustlers, saloon
keepers, and bad men all figure in its story. It would seem
that Mercer would have been at home there.

xxm

THE BANDITTI OF THE PLAINS

In 1883, according to Miss Henderson, Mercer established
himself in Wyoming, There he founded the Northwest
Live Stoc\ Journal, whose facilities were employed to print
and publish the Dunnings confession the forerunner of The
Banditti of the Plains.

For his boldness in publishing this provocative book,
Mercer paid dearly. Copies of the book were seized and
burned. He was jailed. The plates were destroyed, and Mer
cer was charged with sending obscene matter through the
mails, an accusation palpably as false as charging Queen
Victoria with lewdness or St Francis of Assisi with disorder
ly conduct. Mercer was the most proper of men* His publica
tion was closed down, and he never completely recouped his
fortunes.

It is hard to avoid the conclusion that, had the cattlemen
been possessed of clean consciences, they would, with the
power they exercised, have been able to convict him to the
limit in the courts for slander and criminal HbeL They chose,
however, to suppress the book and hound its publisher and
author. Mercer lived nearly a quarter of a century after The
Banditti was published, and was the author of other books,
but the rest of his life seems to have been an anti-climax. He
died in 1917 at the age of 78.

The Banditti of the Plains is the story of the epic cam
paign of the range wars, the invasion of Johnson County
by the cattle barons of Wyoming and their Texas mercenar
ies in the spring of ninety-two,

A better title for the book was used in a subsequent edi
tion, when it was called The Powder River Invasion, Bandit*
ti is an obscure term, suggesting masked highwaymen,

xxtv

FOREWORD

carrying horse pistols, who robbed stage coaches and fright
ened pretty damsels in voluminous skirts. Its real meaning,
as a Latin plural, was applied to the Italian equivalent of
the men of Sherwood Forest, poachers and tough grangers
who killed animals for meat and committed petty robberies
for food.

The invaders of Johnson County, however, were execu
tioners, cold, determined, and implacable. They were num
erous, well fed, well paid, fully armed, and splendidly
mounted. Frank Canton, Mercer says, had a "dead list" of
seventy Powder River men who were to be eliminated in a
precise and orderly fashion. Such men were not banditti in
the sense that its obscure meaning conveys. Nor were they
bandits in the way the West knew and recognized them.
They were killers out to fulfill the terms and provisions of a
contract between parties of the first part and parties of the
second part.

The men whose cattle fattened on the rich grass that
covered the public lands of Wyoming were sorely tried,
angry, and dreadfully determined. They had the capacity
to make their determination count for something, for they
were the highest authority in Wyoming, and the highest
authorities in Washington listened attentively to them. The
hundred members of the Wyoming Live Stock Association
owned two million head of cattle. Wyoming s governor and
its senators were listed on their roster. The state s livestock
commissioners were members of the association, and these
commissioners possessed the incredible power, conferred
upon them by law, to authorize their agents to seize and sell
the cattle of suspected rustlers and retain the proceeds for
the expense of the operation*

XXV

THE BANDITTI OB THE PLAINS

Despite this concentration o influence and authority, in
some areas of Wyoming there was a resistance movement.
This flaunting of the unofficial authority and defiance of
the recognized powers was most notable in Johnson County,
where the little red-headed sheriff, W, G. Angus, elected by
the grangers and small-time ranchers along the Powder
River to succeed Frank Canton, went his own sweet way,
against the will of the Wyoming Live Stock Association and
without the sanction of Governor Barber. Most of Johnson
County s citizens were characterized by the big cattle opera
tors as belonging in one of two classes ranchers, who rustled
on the side; and rustlers, who ranched on the side.

It appears that in some counties the agents of the cattle
men could execute suspected rustlers without serious in
convenience except for putting up bond and pleading not
guilty, but in Johnson County the confidence its citizens
had in their neighbors was so universal that it was difficult,
if not impossible, to convict a suspected rustler if he hap
pened to be a resident of the community*

It was to correct this situation that the invasion of the
Powder River country was planned and executed.

The Cheyenne Club was the headquarters of the cam
paign. This club, which was literally famed in song and
story, included among its members the leading men in the
state s cattle industry and the ornamental figures from the
East and from Europe who had been lured to Wyoming by
the high profits that cattle operations showed for a few
years. Sir Mortimer Frewen had looked after his family s
interests in northern Wyoming. Sir Horace Plunkett, whose
fame was to rest on deeds done across the sea, was a Wyom
ing cowman. A baronet abroad, he was a cattle baron in

xxvt

FOREWORD

America. There were Boston blue bloods, a Philadelphia
Biddle, and Herman and George Oelrichs o New York and
Newport. Many another adventurous Easterner had gone
to Wyoming or the Dakotas. Owen Wister was a frequenter
o the club. One o its members, Dr. Amos W. Barber, who
became governor of the state and a central figure in the
Johnson County raid, was embalmed as Dr. Barker by Owen
Wister in "The Virginian" (when you call me that, smile).

For a dozen years or so, all was gaiety and good will in
the Cheyenne Club. The lean cattle from Texas were cheap,
and fattened on the rich grasses described by Mercer as
being "full of gluten, starches, and sugar" to fleshen these
thin, trail-weary longhorns so they could be sent to Chicago,
where a hungry market was glad to get them at a good price.

Then came the Wyoming winter of 1886-87, which was
unpreccdentcdly severe. It seems to be generally accepted
that three-quarters of the state s cattle perished.

As a result of this disaster, many a cattle operator went to
the wall or gave up the game. Among them were English
and Scottish syndicates, which had added international fla
vor to the western ranges.

The survivors were either tougher fibered or larger
pursed. Taking their losses and enduring their hardships,
they slowly built back their herds on the no longer over
stocked ranges, while the prices of cattle on the hoof re
turned to a level at which profits were a reality instead of a
memory.

There was another difference. The homestead laws, dat
ing back to 1862, were being applied to the choicest lands and
deepest water holes. The settlers were coming.

Filing on hay lands, grass lands, and along the river

xxvit

THE BANDITTI OF THE PLAINS

frontage, homesteaders deprived cattlemen of the choicest of
the public lands that they had long considered their own*
Along with the homesteaders, or not far behind, came rus
tlers who saw in the untended herds a golden opportunity*
They took it. The grangers and the rustlers were nearly in
distinguishable. The critics of The Banditti of the Plains
paint the grangers as a bunch of cow thieves. Mercer and,
later, a few other hardy souls see the homesteaders as most
ly honest men, who earned the enmity of the cattlemen be
cause they sought for themselves under the homestead laws
the same opportunity as pioneer cowmen. It is hard to reach
an accurate judgment so far away from Powder River in
time and space. But the available evidence seems to favor the
settlers and condemn the cowmen. Mercer holds the settlers
in high regard and this appraisal sounds reasoned and ra
tional. If the case were to be closed on his evidence, the cow
men were guilty, as he said, of "the crowning infamy of
the ages."

The event of which he wrote occurred in the spring of
1892* There was little levity in the Cheyenne Club that
spring. The Wyoming Stock Growers Association had
fathered the maverick law that the legislature had enacted,
giving the police power of the state, and a good deal more,
to the Live Stock Commission* The commissioners had the
right to determine the time and place of the roundups* The
association had placed its most trusted members on it and had
named as its secretary and administrative officer one of its
shining lights, H. P. Ijams, but the hardy grangers of John
son County had ignored its fiat. In fact, nonmembers of the
association had announced a roundup a month in advance
of the regular one.

XXVM

FOREWORD

Something had to be done. The Cheyenne Club members
Had not been caught napping. For a year or more, they had
planned a raid on Johnson County. The premature roundup
did not bring about the invasion, it merely speeded it up.

The invasion they planned was no ordinary raid on a
bunch of cow thieves. According to Mercer, it was a war of
extermination. John Clay, in his My Life on the Range, con
firms this statement.

Mercer says that a fund of $100,000 was raised, $1,000 per
member, and the truth of his claim is generally borne out
by writers on the subject, including John Clay, then head
of the association. With this fund, the expenses of the ex
pedition, including the hire of their gunmen, were to be
defrayed. It seems likely that members of the association had
expected the army to be composed of residents of Wyoming
and the adjoining states, with its backbone consisting of the
aggrieved cowmen, but many cowmen pleaded other en
gagements and the residents of near-by states seemed un
willing to accept service under the cowmen s banner. Tom
Smith, a former Texas peace officer who had served as a
cattle detective in the Northwest and had been indicted for
murder in the course of his Wyoming duties, was sent to
Texas to round up an army of adventurous men who would
enlist in the range wars for $5.00 a day and expenses, with
a bonus of $50,00 to each of them for every man killed by
any of them, plus a $3,000.00 accident policy.

He returned with twenty-six men he had enlisted in
Texas, in and around Paris and Lamar County. These men,
who are described in Malcolm Campbell s remarkable auto
biography of someone else as men of impeccable character
mostly former deputy United States marshals, were a case

xxtx

THE BANDITTI OF THE PLAINS

hardened crew* Some o them afterward claimed that they
had been deceived, Tom Smith, they said, had appealed to
their innate gallantry by telling them that they were going
to Wyoming to shoot it out with the outlaws who constitu
ted the entire population o Johnson County* The Texas
Kid, D. Brooke, said, on the gallows at Fort Smith in Arkan
sas a year or so later, that if he had known what the Powder
River people really were, he would not have gone. The
Texas Kid, by the way, was hanged because he had killed
his child wife for rebuking him about his part in the John
son County range war.

The Texans had been previously assembled in Denver,
where they were loaded on a special train- Stock cars were
picked up in Cheyenne, and the expedition, fully equipped,
got to Casper without the victims or the peace officers in the
target area being aware of the movement. This required
great skill in organization and implied support in high places
in the state, from the railroads, and in the army and War
Department as welL They drew their blankets and cam
paign equipment from Fort D. A. Russell, afterward re
named Fort Francis E. Warren, for the senator of the same
name, who was a member of the Military Affairs Commit
tee of the Senate and destined to be the father-in-law of
Black Jack Pershing.

At Cheyenne they loaded the wagons, the horses, and
the supplies for the expedition and moved on to Casper,
where they joined the cattlemen and the professionals who
were recruited in Wyoming and near-by states. There was
considerable disappointment in the numbers reporting. A
good many cowmen did not show up and, of those report
ing, some did not accompany the expedition. Scarcely any

FOREWORD

of the Wyoming and Montanan adventurers came and one
lonely soul from Idaho, George Dunning, joined up. Of
Mr. Dunning, much more was heard later when his con
fession of his part in the expedition was published.

The recital of the subsequent events of the campaign by
Mercer show how carefully the cattlemen had made their
plans. The state s officials, headed by Governor Amos W.
Barber, had cleared the way for the expedition by appropri
ate legislation and complementary action. The state s Na
tional Guard companies were directed to keep their hands
off. Governor Barber, after the invasion got under way, said
that the raid had not officially been called to his attention.

The famed United States cavalry, whose yellow-legged
centaurs have ridden to the rescue of countless imperiled
settlers and besieged wagon trains, were forbidden to enact
their usual satisfactory performance on this occasion. When
the foray turned sour, they were reduced to the ignominy of
rescuing the villains instead of saving the day for the hardy
settlers.

The operation had been preceded by a series of widely
published stories depicting the plight of the cowmen as they
faced the seemingly unending hordes of restless rustlers.
Mercer says that a "literary bureau" had been engaged to
lay the groundwork for a proper reception by the press of
the news of the extermination of the rustlers. The unknown
public relations counselor who conceived and directed this
phase of the range war deserves to be dug up and deified
by the public-relations and press-agentry industry. From
San Francisco to Boston, not excluding Washington, the
public prints had been supplied with interesting stories about
the number and extent of cattle rustlers and of the crimes

xxxi

THE BANDITTI OF THE PLAINS

they had committed in Wyoming. It may be presumed that
the public would have been prepared to accept as a proper
ending the news of the invasion and the extermination o
the rustlers had it been carried out according to plan. That
the effect of the defeat of the invaders, Nate Champion s
letter, and the publication of Mercer s book combined to
defeat these purposes, does not detract from the cleverness
of the conception and the resourcefulness of its conceivers,

Malcolm Campbell, noted sheriff of Converse County, a
man of great courage, feared by the rustlers and respected
by the cowmen, who might have objected to a body of armed
men going through his county on such a mission, seemed to
have been called or sent to Washington so that he would be
absent when the invaders passed through.

Lawyers they possessed in abundance, while United
States Marshals seemed to make a life s work of their lightest
wish. United States senators, cabinet members, and even the
White House itself succumbed to their blandishments* What
happened to the telegraph companies makes one wonder
that a federal communications commission was not estab
lished a generation earlier.

All might have gone well with the invaders if Mike
Shonsey had not happened to be the guest for the night o
Nate Champion as Mike made his way to his rendezvous
with Wolcott s men at Tisdale s ranch fourteen miles north.

In The Longest Rope, William Walker, one of the ab
ducted witnesses of the KC Ranch killings, tells his story of
the last night at Nate s abode. Shonsey had been there the
night before and had apparently been hospitably received,
well treated, and sent on his way with a hearty godspeed.
On his arrival at the Tisdale Ranch headquarters, he re-

xxxii

FOREWORD

ported the location of Champion and Rae, two o the lead
ing men on Canton s dead list. He then proposed that they
stop by and eliminate Nate and Nick before descending on
Buffalo, and his suggestion was accepted.

Tl\e contingent were late arriving at their destination.
Day had broken, so caution dictated a careful approach to
the task at hand. They captured Walker and Jones, the trap
pers who had spent the night with Nate and Nick, and
fatally wounded Nick Rae by shots from ambush, but
Champion was a harder problem. The sun was sinking
when they finally fired the cabin and shot down their
smoked-out quarry, who, firing as he ran, attempted to
escape his ruthless besiegers.

After a hearty meal, the invaders headed for the head
quarters ranch of the Western Union Beef Company (no
relation to the telegraph company of the same name) . They
made the ride in five hours, but the delay had been fatal to
their plans. Mounted on fresh horses, they headed for Buf
falo. Before daybreak, they learned that the settlers were up
in arms and preparing to repel the invaders; so the cowmen
and their mercenaries headed for Dr. Harris s TA Ranch,
twelve miles from Buffalo, an establishment that offered a
splendid shelter from the avenging grangers.

The story of this siege has been told frequently in great
detail. Mercer, David, Wayne Card, Dunning s confession,
and many accounts in contemporary newspapers and pe
riodicals are in substantial agreement on basic facts. Though
there is a wide variance in assessment of the motives, suffice
it to say that, through the good offices of President Benjamin
Harrison, the clatter of the hooves of the Thirteenth Cavalry
from Fort McKinney were heard approaching just before

XXOClll

THE BANDITTI OF THE PLAINS

that fearful mechanism designed by the rustler element, the
Go-devil, with its lethal load of dynamite, could be sent
rolling against the stout structure protecting the cattlemen*

Mrs. Baber, in her account of the affair, The Longest
Rope, and Robert B. David, in his account which appears
in Malcolm Campbell s autobiography, Malcolm Campbell*
Sheriff > use the same telegrams that Mercer quotes, but with
a difference of interpretation of the motives that prompted
them*

It is hard to escape the conclusion, as drawn by Wayne
Card in Frontier Justice, that President Benjamin Harrison
was deluded into authorizing the action. It was not in keep
ing with the tradition of the cavalry or the duties of the
presidency.

After the surrender by Major Wolcott of his beleaguered
raiders to Colonel J. J* Van Horn, there begins another chap
ter, less dramatic and more depressing than the inglorious
conclusion of the military phase of the adventure*

Once the frustrated vigilantes were safe from the out
raged citizenry that had sprung up like the embattled farm
ers at Concord and Lexington, the cattle barons began the
wearying process of obstructing justice by the shanghaiing of
witnesses and the persuasion or compulsion of the courts-

Their success is measured by the release of the prisoners
on account of a convenient lack of public funds to hold or
prosecute them and because of the abduction of the witnesses.
The Texans returned to their homes, where most of them
passed into the anonymity whence they came, with the
notable exceptions of Tom Smith, D* Brooke (the Texas
Kid), and Buck Garrett. Frank Canton, who had once lived
in Texas, lived on to follow his chosen calling, the killing of

xxxiv

FOREWORD

marked men, for valuable consideration- He was the author
of a book, Frontier Trails. Canton s book is exceedingly kind
in the treatment of its author, who, like Roland of Ronces-
valles, never unsheathed his sword save in a righteous cause*

Mercer s vigorous and daring attack on the big cattlemen
was met by the employment of the same resourceful and
relentless methods that had been used in planning and carry
ing out the invasion and in the subsequent extrication from
its consequences. The plates of the book were destroyed.
Mercer was charged with sending obscene matter through
the mails, and the copyright copies of the book were "ab
stracted" from the Library of Congress.

I have come across no reference to the book, much less a
review of it, in contemporary newspapers or periodicals.
Those copies that escaped the book burners must have been
few in numbers, as they have long commanded high prices.
Even Colonel KimbalTs newspaper printed in Douglas,
which supported Mercer, was put out of business by boycott,
suits, and criminal charges. He, too, was jailed, but managed
to get out his stories anyway.

Wyoming must have become very uncomfortable for
Mercer. Miss Henderson, in her essay on his career, says that
his business was ruined and that he barely escaped with his
life. Previously his plant had been wrecked and he had been
jailed on the occasion of his publication of George Dun-
ning s confession in the Northwest Live StocJ^ Journal. Mrs.
Baber says that post office officials opened Mercer s mail
while he was in jail, trying to locate the original copy of the
confession.

xxxv

THE BANDITTI OF THE PLAINS

His book seemed to have had a remarkable vitality* One
is tempted to the triteness o reciting, "Truth crushed to earth
shall rise again." It has stood up very well under adverse
criticism and the rebuttals that have been published* A. B-
Clarke, in the foreword to the Grabhorn Press reissue, does
not deny the essential facts of Mercer s narrative. While he
naturally, and in his fathers case probably justly, decries the
motives ascribed to the cattlemen in The Banditti* he does
not take issue with its recital of a planned invasion that,
though it failed of its purpose, was intended to exterminate
the rustler element,

Clarke s foreword is restrained and to a degree tolerant
of the heated attack the book embodied. There is quite a
contrast between it and an article in Fran\ Leslie** Weekly
of June 7, 1892, dated out of Cheyenne and probably written
on the stationery of the Cheyenne Club, in which the author
complains, with visible impatience, about the furor the in
vasion has aroused. He seemed to think it was normal, moral,
and appropriate. In thief-hunts in Idaho, Colorado, Western
Nebraska, and Kansas, he says, thieves were hunted down
and shot or hanged without anything said about it, except
the customary regrets expressed by the cattlemen at the
necessity for taking such summary action* The article, signed
"A. R. TV* would seem to indicate that its author, who was
probably typical of associates, felt that if cattlemen hunted
down and murdered without ceremony men suspected of
stealing cows, nothing more could be expected of them than
that when they committed their murders and flaunted such
time-worn privileges as the right of trial by jury, they should
do so regretfully. Much the same attitude is shown by John
Clay, Jr., in his book, My Life on the Range, and by Charles

xxxvi

FOREWORD

A. Guernsey in his Wyoming Cowboy Days, and by Frank
Canton in Frontier Trails.

In a rather diligent search for material bearing on the
Powder River invasion and the integrity of Mercer s story
of it, I have kept a weather eye out for expressions that would
indicate the attitude of writers toward the hanging of Cattle
Kate and Jim Averill, which is related in Mercer s book. It
is an event that preceded the invasion by a couple of years.
I had hoped to find among the apologists for the cowmen
some repentance or embarrassment over this episode.

This hanging bee had a sodden, indecent brutality about
it that would seem to be so shocking, so intolerable, that it
would revolt the most ardent defender of the invasion. Cattle
Kate Maxwell, whose real name was Ella Watson, and her
associate and paramour, Jim Averill, variously described as
a graduate of Yale, Cornell, and Oxford, had taken up ad
joining claims along the Sweetwater. Jim rah a store, op
erated a post office, and sold whisky along with his other
merchandise. He seems to have been popular among the
residents of his trade territory. He was given to writing let
ters to near-by newspapers, criticizing what he viewed as the
excesses of the big cattlemen and prophesying their ultimate
downfall.

Of Catdc Kate s popularity there can be no doubt, as her
increasing cattle herd visibly attested it. It seems the lonely
cowhands evidenced their high regard for her by tendering
her slicks and dogies to which her brand was subsequently
affixed. When her herd had grown to number fifty to eighty
calves, the cattlemen from whose herds these calves had
obviously come served notice on Cattle Kate to abandon her
evil ways or take the consequences.

xxxvii

THE BANDITTI OF THE PLAINS

Kate, who was known as the Queen of the Sweetwater,
defied the order and continued her operations. Averill, like
wise, kept on writing printable pieces for the papers, espous
ing the cause of the homesteader and challenging the ranch
ers, whose anger rose as the settlers increased* Averill has
been described as small, sallow, and sickly, but good hu
mored, witty, and generous in his dealings with the cow
hands and settlers. What had caused a man of his evident
culture and breeding to come to this distant and primitive
spot is left unsolved, but he seemed to have been content
with his lot and pleased with his associations*

Kate has been described as a shapely, pleasant, and at-
tractive blond. "Not a bad looking woman/* was Charles
Guernsey s description of her. She was twenty-eight. Guern
sey said he knew her quite well. Mercer says primly that
she was a lewd woman and that she had acquired her cattle
through purchase. The cattlemen, he says, thought she had
secured her cattle in a sort of exchange. At any rate, she was
not charged with stealing them. The thefts, if they occurred,
had been committed by her guests, and if there was to be
any hanging done as a result of it, the amorous cowhands
should have swung.

The cattlemen, practical if not prosaic, decided that it
would be simpler to hang Kate, thus avenging their losses
and preventing further thefts by one operation.

Accordingly, one summer day, ten men rode up to Kate
and Jim s establishment. They were headed by George Hen
derson, a one-time coal-and-iron private policeman from
Pennsylvania, in the employ of one of the big ranches whose
herds grazed on the public lands along the Sweetwater.
Despite the presence of four other persons, one a fourteen-

xxxviii

FOREWORD

year-old boy, they roped Ella and Jim, dragged them out to
a near-by gulch, tied their hands behind them, and, fastening
one end of each rope to the limb of a tree that extended over
the gulch, pushed them off to choke and die.

Charles Guernsey, whose smirking reference to her ap
pearance has been previously referred to, speaks of her hang
ing with exquisite humor. Kate and Jim, says he, got off on
the wrong foot and ended up by losing all footing whatso
ever. You can almost see him nudge an old crony as he de
livers this bon mot. This callous and bestial proceeding was
not revolting to Mr. Guernsey. On the contrary, it seemed to
be a proper means of bringing about a desirable end, at the
same time affording him an opportunity to show the clever
wit that must have made him the toast of the Cheyenne Club,
of which he was long a member.

John Clay, the Scottish overlord of a big British opera
tion, who knowingly wrote of the episode thirty-five years
later, says that Jim Averill broke down and whimpered as
the noose was placed around his neck, but that Cattle Kate
died game. One can easily assume that this weakness of the
sickly Averill proved him to have been only sissy after all,
whose private execution did not call for an apology. Clay
does express regret for the hanging of Kate, and seems to
think that Easterners might be shocked by such violent retri
bution. He concedes that in many ways it was indefensible,
but he plaintively concludes by asking, "But what are you
going to do ? Are you going to sit still and see your property
go with no redress in sight?" Mr. Clay s question is rhetori
cal, for it was answered by the swaying corpses of Kate and
Jim.

Almost as compelling in interest as the murder itself was

xxxix

THE BANDITTI OB THE PLAINS

its aftermath. Mercer passes over it cautiously, naming no
names o the killers nor identifying the witnesses; but Mrs.
D. K Baber, in The Longest Rope, a biography of Will
Walker, one of the abducted witnesses to the killing of
Champion and Rae, tells of his conversation three days after
the hanging with one of the witnesses, who a day or so later
dropped out of sight. According to this account, the witness,
Bob De Cory, named several of the men and identified
their employer. George Henderson, the leader, said De Cory,
shoved Kate of! into the canyon to die, and Al Bothwell
pushed the bound form of Averill off as he pleaded for mercy.
The Casper Weekly Mail of July 26, 1889, said that
prominent land owners had been guilty of the hanging and
the Grand Jury of Carbon County was informed of the
event, but no witnesses could be found, so the suspects were
not molested. Two of the witnesses, identified in The Long
est Rope as Bob De Cory and Ralph Cole, disappeared. Mer
cer, in The Banditti, does not name the witnesses but says
they were dry-gulched. Another witness, Frank Buchanan,
who had reported the matter to the Grand Jury, went to
England, far from the Sweetwater and safe from extradition,
and set himself up in business with the dowry the thought
ful suspects provided. The fourteen-year-old boy, Gene
Crowder, who had been taken in tow by the suspected execu
tioners, sickened and died- Mercer darkly hints that his
passing was accelerated by slow poison-
So ended the chapter. No contractual hangman was ever
tried, no troublesome witnesses remained to haunt their
honest sleep, and the youthful cowboys were saved from the
error of their ways by the providential removal of tempta
tion.

FOREWORD

So there you have this tiny but brightly preserved frag
ment of history. To one who becomes interested enough in
the Powder River invasion to try to find the moral of the
story, it is most revealing.

In attempting to assay the motives of the invaders and
the settlers, to determine accurately the proportion of good
and evil in each, there seems to be a tendency toward a
balance. The theft of hard-earned chattels from the honest
herdsman is an evil, an injustice that demands to be righted.
The hazing of the rustler and granger, ranging from warn
ings, burnings, and quasi-legal seizing of his cattle, on up to
hanging and dry-gulching, cries out for justice and retribu
tion. You can see in it facets of the age-old question of human
rights versus property rights, of the distinction between
crimes against person and crimes against property.

When this scale is applied to the hanging of Cattle Kate,
a slightly different cast of characters is found. The cattle
men and the mercenaries play the same role, victims of thieves
on retribution bent, but there is an ingenue part in this
playlet that is lacking in the invasion. Cattle Kate was not a
killer or cattle thief, nor was Jim Averill, her lover. Kate was
the recipient of valuable properties, but they had been
brought to her as offerings from men and boys whose title
to them was in good order, acquired in keeping with old
Wyoming custom, by the use of the longest rope that got the
maverick.

It is conceivable that a man who would not hesitate to
shoot the suspected rustler Nick Rac from ambush, might
quail at an order to hang a comely and helpless young wom
an, her soul unshriven, her once fair face denied the mercy
of a mask to hide its pitiful discolorations and contortions

xli

THE BANDITTI OF THE PLAINS

as death slowly overcame her* The implacable ruthlessness
that decreed her death casts its ugly shadow over the Pow
der River war.

The task of writing this foreword was approached with
an opinion based on reading the Grabhorn Press s edition o
The Banditti of the Plains and its foreword by James Mitchell
Clarke, the son of A. B. Clarke, a cattleman from Laramie
who joined the invaders* expedition* His herds were plun
dered by rustlers while he was held with his comrades at
Fort D. A* Russell in nominal imprisonment that could be
better described by the use of the diplomatic term "protec
tive custody/*

This left me with an admiration for Nate Champion, re*
sentment at the killings and hangings that preceded the
battle at the KG Ranch, and a somewhat grudgingly given
sympathy for the cattlemen whose ranges were despoiled
by rustlers and cut up by the settlers* I tried to look at it with
a tendency toward tolerance for all concerned, for I knew
that life was harder then* Men were hard on horses, on cattle,
and on each other, while the weather was often cruel to them
all. Courage and cowardice soon showed up in the West
of that day, as death, to be dealt or received, was never far
away. Many a murder and many more thefts have been
glossed over or explained away by citing the trite truisms
that the West was then untamed, that it was the raw frontier,
you know, as if the invocation of these phrases would miti
gate murder, thievery, and cruelty,

It is manifestly not fair to judge the violence of the ac
tions in the rude West of the nineteenth century by the mid-
century standards of the twentieth,

xlii

FOREWORD

In these days, cattlemen have the help of the Department
of Agriculture in meeting the plagues that cattle are heir to,
as exemplified by the ably operated, well-planned, and costly
campaign to eliminate the threat of the hoof and mouth
disease, Aftosa, at government expense.

When a blizzard less lethal than the one that decimated
the herds on the ranges in Wyoming in the winter of eighty-
seven threatened the lives of the cows and the solvency of
their owners, the Army Air Force, in Operation Haylift,
dropped bovine manna from heaven to the chilled cattle.

Now we have social security for cow hands. There are
A.A.A. payments for pasture improvements for the ranch
ers. There are vast laboratories and research institutes con
stantly striving to make cattle raising easier and safer. We
provide disaster loans if the methods of science fail to ac
complish their purpose, and allow loss carry-overs for tax-
deduction purposes.

We use vaccines and cultures, power-operated sheep
shears, horse-high, bull-strong, and hog-proof fences, some
of them electrically charged. The hired help call on their
four-legged charges in a jeep, carrying a medicine kit in
stead of a six-shooter. Walking hay balers package more hay
in a day than a crew could put up in a summer a half -cen
tury ago* The radio blares out at regular intervals each day
the market reports, and the rancher can transport in a day
ten thousand dollars* worth of stock, in a couple of cattle
trucks, to a market three hundred miles away. It took my
grandfather more than a year to get from Texas to Wyom
ing and back, with the same results*

The big and little cattlemen of Wyoming in Mercer s day
were on their own. Neither science nor government came

xliii

THE BANDITTI OF THE PLAINS

to their aid. They had to meet their problems with whatever
they had at hand, and that was mostly strength and guts and
faith, goaded by stern necessity.

The law was often far away, and there were no radio-
equipped police cars. Justice was usually on the side of the
heaviest artillery. If the big cowmen were in control, they
made short shrift of the nester and the sheepherder. If the
nesters and rustlers captured the courts and the sheriffs
office, the big cattlemen saw the cow thieves go unwhipped
of Justice, as the candidates used to say*

Under such circumstances the ranchers and the grangers
sought to solve their problem, Their actions should be judged
in the light of them. All the cattle barons were not oppres
sors, nor were all the settlers rustlers, but there were enough
of each to explain the crude measures used and make more
tolerable the intolerance that resulted.

Under such circumstances, men are prone to take the law
into their own hands. Tenderness and tolerance could not
flourish under these conditions. I am willing to allow for
violence and sudden death, on quick and sufficient provoca
tion, but planned and deliberate murder, the bloody carry
ing out of lawless decrees, cannot be placed in this category.
Our softer civilization owes a great deal to such men as
Mercer, who wrote convincingly and clearly, to men like
Nate Champion, who died bravely, the red sash about his
waist now stained redder with blood from his wounds,
caused by Texans who had gone up the trail to the North
west, and" little indeed to the Frank Cantons, the Tom
Smiths, and the George Hendersons, who dealt in death and
placed their cunning at the disposal of those who would
offer the most in the market.

xliv

FOREWORD

To the cattlemen who risked their lives and their for
tunes in the winning of the West, we owe a great deal. It
may be that we should draw the veil o charity over their
harsh deeds, but it is hard to view kindly the cold and de
liberating plotting that preceded the Powder River invasion,
or the sordid chicanery later employed to escape the penal
ties accrued in the massacre that miscarried.

Wyoming s governor, the adjutant-general, the United
States senators, the courts, the army, the War Department,
and even the White House itself were either party to, privy
to, or accomplices unaware in a scheme cunningly con
ceived and aggressively carried out.

The state s leading citizens, the best and bravest in Wyom
ing* * n John Clay s judgment, its militiamen, the manage
ment of the railroads that served the area, the United States
marshals and their deputies, and some of the local law-en
forcement officers were participants or accomplices.

The courts seemed to honor the slightest whim of the
cattle barons, and even the governors and senators from
near-by states were friendly and acquiescent.

Frank Canton could not be brought back from Illinois
to answer for his part, whatever it may have been, in the
murder of John Tisdale. Senator Manderson of Nebraska
counseled with Major Wolcott, who visited him in Nebraska
while on leave from his pseudo confinement at Laramie and
helped the Wyoming men to obtain a limited kind of mar
tial law, in which six thousand Negro troops were sent to
northern Wyoming as an occupation force.

Even the legendary figure of .then young Senator Boies
Pcnrose intrudes into the picture, but die part he was called
upon to play was an understandable one, that of extricating

xlv

THE BANDITTI OF THE PLAINS

his younger brother, a fashionable Spruce Street physician
from Philadelphia who had been the surgeon of the expedi
tion, from the toils of the law at Buffalo, where he was briefly
held as a prisoner of war. The distracted and frightened
young doctor was quickly sprung, to use the argot of a later
day, and soon the seemingly ever present special train con
veyed him to safety. It would appear that Dr* Penrose joined
up under a misconception of the purpose of the expedition
and of the character of citizenry who were its objective.

Major Wolcott, a native of Kentucky, who had served
in the Union Army, was the brother of Senator Wolcott of
Colorado. Major Wolcott had been appointed receiver of
public monies in Wyoming Territory, and later served as
justice of the peace, a post in which he achieved a good deal
of fame for his adroit handling of miscreants against whom
the prosecutors had amassed insufficient evidence. Under
such circumstances, Mr* Justice Wolcott, if he thought the
defendant unworthy of liberty, would merrily sentence him
to the penitentiary "on general principles/*

In The Longest Ropt> Wolcott is referred to as having
fallen into disfavor as a result of dispute over the branding
of slicks and an inaccurate count of the cattle in his care. An
other commentator says he had fenced fifteen miles of su
perior public lands into a private preserve. There is no refer
ence, however, to his senatorial brother s having intervened
in his favor- Wolcott was pudgy, truculent, and domineer
ing, but undoubtedly thorough and competent.

Frank Canton, former deputy marshal and former sheriff
of Johnson County, having been defeated by Red Angus,
was a fascinating if not a commendable figure* A great horse
man, a crack shot, and a fine figure of a man, he had first

xlvt

FOREWORD

come up the trail from Texas with Captain Burk Burnett,
noted owner of the 6666 brand, in 1869. In 1884, he was
elected sheriff of Johnson County. I have seen a striking pic
ture of him taken at that time, standing tall and straight,
wearing a fur cap and a handsome black overcoat, lighdy
touched by flakes of snow. A man with deepset and dark
eyes and curling mustaches, he was a perfect pattern for the
typical western heavy who plays the role of the owner of
the combination gambling house, saloon, and dance hall of
the West. The Wyoming term for a dance hall, by the way,
was "the hog ranch, * a flavorful euphemism, you will agree.
Canton survived this Wyoming episode for thirty-five years,
later went to the Klondike, and finally became adjutant
general of the new state of Oklahoma.

Former Governor George W. Baxter, who had been re
moved from office by Grover Cleveland for fencing public
land, was the manager of the Western Union Beef Company,
and his foreman was Mike Shonsey, who fares ill in The
Banditti, in The Longest Rope, and other accounts of the
invasion. Shonsey looks a lot better in Malcolm Campbell s
book, in which appears a meticulous play-by-play account of
the invasion, written nearly forty years after it happened by a
man of ninety, who wasn t in Wyoming at the time of the
invasion.

Campbell s book was written by Robert B. David, son of
the manager of Senator Carey s ranch, and, I believe, the
grandson of Mrs. Carey; in its dedication he pays tribute to
Shonsey for his assistance. David s father was not a mem
ber of the expedition, though he did assist it by cutting the
telegraph wires that might have conveyed a warning to the
settlers.

xlvii

THE BANDITTI OF THE PLAINS

David s book is carefully written, thoroughly documented
and appears to be an honest attempt to offset the charges in
The Banditti of the Plains. He would have been less than
human had he not slanted his book in favor of his kinsmen
as a natural reaction to the opposite slant of Mercer s book.

In Mrs. Baber s book, The Longest Rope, Will Walker,
the trapper who was shanghaied out of Wyoming to prevent
his appearance as a witness against those charged with the
murders at the KG Ranch, tells how Shonsey spent the night
preceding his joining the expedition as the guest of Cham
pion and Rae, who received him as a welcome guest and ap
parently as a friend* In Campbell s book, Shonsey is de
scribed as having heard Nate and Nick discussing a plan
ned foray the next day* This caused him to rush madly over
to the invaders high command and advise them to divert
their expedition to the KC Ranch, so as to prevent the ac
complishment of this dirty deed*

This justification of his betrayal of his host is hard to
accept. It is not reasonable to assume that a couple of rustlers
would discuss plans to steal cattle with, or before, the repre
sentative of the cattle s owners, Shonsey is charged in The
Longest Rope and in The Banditti of the Plains with the
killing of Dudley Champion, brother of Nate* Walker, in
The Longest Rope, says Shonsey shot Dudley without warn
ing, then gave himself up, but was instantly released on his
claim of self defense.

In case the reader is interested, Shonsey left Wyoming,
but returned after a few years, Tom Smith returned to Texas,
where he was killed in a gun battle with a local desperado.
Nobody ever swung for killing Tisdale or hanging Cattle
Kate or Averill. As previously mentioned, young Brooke,

xlviii

FOREWORD

die Texas Kid, who fired the shot that killed Rae, was
hanged in Arkansas. Most of the other mercenaries passed
into obscurity after their return to the Lone Star State. Peace
came to Wyoming, and when her young sons went to World
War II, they often reminded their Texas comrades that the
Johnson County range war was one that Texas surely didn t
win. In the many epics of Texas heroism that have been
called to the attention of the rest of the world, no reference
is ever made to the raid on the Powder River rustlers and
grangers.

Somehow though, it seems that echoes of the story will
never die. On millions of television sets, and more millions
of radios, on the screens of myriad theaters, on the covers of
western magazines, on some of the pages of the slicks, and
on the covers of the millions of twenty-five-cent books, the
battle between the cattlemen and the rustlers and the struggle
between the grangers and the big ranchers goes on and on.
The motion picture Shane, 1953 award winner, is straight out
of Mercer s book. In these fictional tributes to the tradition
of the West, the villain may be a rancher or he may be a
rustler, the hero may be a lonely settler, the victim of the greed
and cunning of the big cowman, or he may be a hard-pressed
rancher whose herds are decimated by gangs of hard-bitten
rustlers, but virtue always triumphs unmistakably. Maybe
that is why Mercer s book has been principally interesting to
scholars and lovers of western lore. It has elements of a truly
great book, but it is not a happy one.

Like the Ox Bow Incident, it has an unsatisfactory end
ing, while a salable western, written to standard specifica
tions, always comes out exactly right, even in the slicks and
in the hard-backed books.

xlix

THE BANDITTI OF THE PLAINS

The literary descendants of the Champions and Cantons,
properly armed and accoutred, ride on in the atomic era
while their levi-clad lineal descendants sit in front of their
television sets in Texas listening to Roy Rogers singing the
cowboy anthem that was long ago sung by the trail drivers to
their north-bound herds:

Git along, git along, git along, little dogies*
It s your misfortune and none of my own.
Your mammies was raised way down in Texas,
But now Wyoming will be your new home*

THE BANDITTI OF THE PLAINS

PREFACE

The following pages have been written and tied together for
the purpose of giving to the world the true story of the in
vasion of Wyoming s soil by the cattlemen of the plains. It
is not sent out as a literary production, but an honest state
ment of the facts as they occurred. Personal acquaintance
with the principal actors and accurate general knowledge of
the country and its conditions, have given me unusual facili
ties for gathering reliable data. Every statement herein made
is backed up by readily accessible proofs.

A. S. MERCER
Cheyenne, Wyoming
February 20th, 1894

e^x^<&<>e><>e>0<&<>s>0<0c><x>0^

INTRODUCTORY

T

JL HE VAST REGIONS of country lying between the Missouri
river on the east and the Sierra Nevada Mountains on the
west, an area covering nearly two-fifths of the surface of the
United States of America, was until recent years considered
an unproductive waste, suited only to occupancy by wild
beasts of prey, the bison and the Indian. In the "days of 49,"
when an almost unbroken line of wagons stretched across the
plains, and for a decade following, it was supposed to be
forever set apart as the summer grazing grounds of nature s
untamed herds; to be the home of man never.

About this time belated freight trains, drawn by hundreds
of footsore oxen, were caught in the eastern foothills of the
Rocky Mountains by the early snowfall. Human nature re
volted at the suggestion, but there was nothing left for the
train masters but to go into such winter quarters as they
could construct, turning the dumb brutes loose on the creek
bottoms to perish or live on such herbage as they could find.
Many a tenderhearted frontiersman was moved almost to
tears at the thought of his faithful beasts being left in the
wilds as food for wolves. What, then, was their joy when

THE BANDITTI O* THB PLAINS

the springtime came and the cattle were found not only to
have escaped the fangs of the wolves and mountain lions,
but to be fat and sleek, ready for the onward march*

These revelations becoming generally known, and
mineral discoveries being made in the mountain valleys that
attracted a considerable population of gold seekers, adven
turous cattlemen brought herds from the old states and from
the grassy plains of Texas to supply the mountain markets
and the military posts scattered through the Indian country
for the protection of the miners and immigrants. These herds
all readily adapted themselves to their surroundings, grew
and waxed fat, thus demonstrating that the grasses o the
plains, the valleys and the foothills were of the most nutritious
character* Ascertaining that no preparation of winter food
was necessary for the roving herds, the whole region was soon
filled with cattle, the farmers of the states and the ranchmen
of Texas were all called upon to contribute to the great herds
being located wherever grass and water could be found in
juxtaposition* These herds numbered all the way from one
thousand head up to fifty thousand, and in two or three in
stances over a hundred thousand were claimed by one com
pany. The price of beef ruled high on the Eastern markets,
and for a time all the ranchmen made money rapidly- The
cost of caring for, or "running** a herd was lessened in pro
portion to the increase in numbers, and this necessarily led
to consolidations by purchase or the formation of companies
and the absorption of small herds. Large dividends were
declared and a craze for cattle company investments was
created in the East and also in the British Isles, Soon the bulk
of the holdings passed into the hands of corporations and
high-salaried officers took charge of the business, living

INTRODUCTORY

luxuriously at the club houses in the various towns and trust
ing the real management of the herds and ranches to sub
ordinates, sometimes with, but more frequently without,
practical experience.

This was all very well while the markets ruled high and
a thousand-pound steer brought, at the Chicago stock yards,
sixty to seventy dollars. If expenses piled up and the output
of ripe steers in the autumn was likely to prove inadequate
for the meeting of current expenses and the declaring of the
usual annual dividend on the stock, a bunch of two-year-old
steers and the culls from the threes and fours, unfit for beef,
were rounded up, shipped and sold as feeders, the proceeds
going to swell the regular profits on the business and cheer
the heart of the stockholder. This robbery of the herd was
all right from the manager s standpoint so long as it tickled
the avarice of the Eastern or foreign shareholders and pre
vented a careful investigation of the methods employed. But
it was wholesale robbery just the same, and sooner or later
must be discovered and charged up to those responsible
therefor.

Meantime, the country was virtually overrun with cattle,
the ranges crowded and the grass eaten until the winter food
was too short to carry the stock through the cold weather.

The range cattle industry is based on the theory and fact
that the grasses of the so-called arid region grow up in the
spring, quickly ripen and cure in the sun, retaining all of the
sugar, starch, gluten, etc., in a more or less crystallized state,
thus affording a really rich winter diet for all kinds of herbi
vorous animals. So long as the requisite proportion of the
growth was allowed to mature and properly cure, the cattle
thrived in winter nearly as well as in summer at least they

THE BANDITTI OP THE PLAINS

remained strong and healthy during the stormy weather and
quickly laid on flesh when the green grass came. With the
range overcrowded, the grass was largely consumed in sum
mer and very little was left to grow tall and carry rich seeds
for winter feeding. The winter range should not be grazed
in summer.

This shortage of feed, coupled with a few exceptionally
hard winters, caused an excessive mortality among all classes
of cattle and reduced the calf crop fully one half in all the
mixed, or breeding herds. Very soon this commenced to tell
in the output of beef steers and greatly reduced the income
of the company, so that more robbery of the herd had to be
resorted to in order to pay a dividend and keep up the mar
ket price of the stock shares.

Then came a sudden and marked decline in beef values
at the great market centers* The steers that had brought any
where from fifty to seventy dollars at Chicago, now sold for
from twenty-five to fifty, a shrinkage of nearly one half as
a rule. This decline was due first, to the real falling off in beef
values, and second, to the generally poor condition of the
range shipments in consequence of overstocking and the re
sulting scarcity of feed.

Under these circumstances the company managers were
forced to ship beef steers, dry cows and heifers, every fat,
available two-year-old and sometimes the thrifty yearlings,
in order to balance the expense and dividend account* But
to these temporary makeshifts there must eventually come
an end. Thus it is evident that the general managers of cattle
companies found themselves in exceedingly hot water be
tween the devil and the deep sea, so to speak. Something had
to be done; their integrity and financial reputation demanded

8

INTRODUCTORY

action. Dividends were passed and shareholders demanded
the reason. To explain that the herds had been systematically
robbed of future beef steers in the shipment of unripe cattle
would be to impeach themselves. To admit that the hard
winters and overstocking of ranges had decimated the herds
would not be in harmony with official reports rendered. Some
other excuse must be found. Eureka, says one* "Thieves!" he
ejaculated, and forthwith the cry echoed and re-echoed over
the entire range cattle country. Of the evolutions following
this remarkable discovery, a description will be given in an
other chapter.

Cattle and horse stealing are old industries, older than
modern civilization. Christ was crucified between thieves,
and the books of Moses are not silent on this ancient and
modern accomplishment. Cattle stealing on the ranges by
means of changing the brands has been practiced to a certain
extent by a limited number of disreputable people ever since
the beginning of the range cattle industry, and it will always
continue. The enactment of laws restrains, but it does not
prevent crime. As a matter of fact there is less stealing and
less lawlessness generally on the plains of the West than in
any other part of the world. However contrary to the general
theory that our advancing civilization is elevating and re
fining it may seem, it is nevertheless true that with the in
crease of years and population there is an increased percent
age of crime. The great mass of Wyoming s population is
made up of honest men and women, as the following figures
from the United States census report of 1890 fully establish:

While the Northeastern states, which are supposed to be
most civilized, and with the least number of criminals, have just

THE BANDITTI OF THE PLAINS

1,600 prisoners to the million of people, Wyoming has only
1,200 to the million one-fourth less. The states and territories
from Nebraska to the Pacific average 2,200 prisoners to the
million; but Wyoming scarcely more than half this. Idaho has
1,700 to the million; Colorado, 2,200; California, 2,800 Wyom
ing has a remarkably small ratio nearly three times as many,
Nevada, with one-fourth less population than Wyoming, has
3,300, two and three-fourths times as many; Arizona, with about
the same population as Wyoming, has 4,200, three and one-
fourth times as many offenders as Wyoming.

Geographical comparison is equally striking. Wyoming is
larger than Massachusetts, New York, New Hampshire, Ver
mont, Connecticut, Rhode Island, Maryland, New Jersey, Dela
ware and the District of Columbia. While these communities
had in 1890^ 23,000 prisoners, Wyoming had only 74* Wyoming
is larger than Maine, Pennsylvania and Maryland put together,
yet while these old, well-settled states had 7,000 criminals, all
that great region had but one-hundredth part as many. Even
little Delaware had nearly double the number of criminals that
Wyoming had, and little Rhode Island, about one-ninetieth the
size of Wyoming, had over seven times as many. Massachusetts
had seventy times as many; New York, 1,400 times as many.

The few scalawags who live by plundering their neigh
bors are generally confined to the villages and towns where
they can dispose of their ill-gotten gains. Considering the
fact that the hundreds of thousands of cattle running on our
plains and mountain sides are rarely seen by their owners,
or herders, more than once a year, at the general roundup,
when the calves are branded with the character or letter
worn by their mother, the small loss from theft is not only
remarkable, but a high testimonial to the good character of
our people.

xo

INTRODUCTORY

The livestock industry o Wyoming has been the leading
pursuit for more than a double decade o years, and the stock
men have dominated the political and financial policy of the
territory from its establishment in 1868 down to 1892. The
legislature has always been largely made up of livestock own
ers or local representatives of Eastern and foreign cattle syn
dicates, and until the last session of that body, in January,
1 893, the laws have been framed to suit the manipulators of
the stock interest. In 1872 the Wyoming Stock Growers As
sociation organized, the membership comprising most of the
leading stock growers of the commonwealth and many citi
zens from the adjoining territories. This body was a strong,
centralized power, and for years virtually shaped the terri
torial policy and socially controlled throughout the realm.
Legislative enactments first assumed form in the councils
of the Executive Committee of the Association and through
its social prestige were popularized with the masses, even be
fore adoption as laws. Thus, through the agency of the stock
association and the stockmen in the several legislatures, the
stock-growing industry was in full command of the law-
making department. Naturally they everywhere dominated.
The people acquiesced because of the magnitude of the cattle
interest.

About 1889 conditions began to change. The people be
came restless under existing policies and demanded a new
deal in the interest of the masses. Settlements had formed
along the valleys in the northern and central portions of the
state, where water could be had for irrigation purposes, and
comfortable country homes were already in existence, with
the promise of many accessions in the near future and the
making of prosperous and happy communities. The settlers

THE BANDITTI OF THE PLAINS

by far outnumbered the cattlemen, and they, quite reason
ably, thought they had some rights the cattlemen were bound
to respect. More or less friction resulted, for which, in all
human probability, some blame attaches to both parties.
Notwithstanding this condition of affairs, the country con
tinued prosperous in a fair degree, and the new homes were
being made along all the water courses. This was the situation
up to the time of the invasion, the description of which ap
pears in succeeding chapters*

For the better understanding of the general reader, it is
perhaps advisable to explain more in detail the difference
between the conditions surrounding the range cattle busi
ness in its early existence and those prevailing during the
period immediately preceding and leading up to the time
of the invasion. In the early days the country was open from
Montana to Texas; the plains and foothills were well set in
grass; the streams generally were partially or fully lined with
brush and the cattle roamed at will, finding abundant food
everywhere. When a blizzard from the north prevailed, the
animals headed south and walked until the storm ceased,
sometimes going more than a hundred miles without stop
ping. When the storm was over, the tired cattle lay down to
rest. A few hours later, disturbed by the pangs of hunger,
they rose, turned their heads towards their home range and
quietly grazed on their way north* Did not a second blizzard
interpose and drive them further south, the warm days of
spring would find most of the herd on its accustomed feed
ing grounds. Did the winter prove severe and storm follow
storm in rapid succession, the cattle would be found hun
dreds of miles from their home range at the spring roundup,
whence they would be sent back by the cowboys. Instances

INTRODUCTORY

are of record where Wyoming cattle drifted during the win
ter three hundred miles, to the Arkansas river. The general
roundup system in vogue all over the range country made
the return of drifted cattle almost a certainty. Thus, the losses
were merely nominal, and the herds were in good condition
each spring.

During the latter period under review, material changes
had come about. The luxuriant growth of grass was found
only in small areas; the brush along the streams was largely
destroyed, so that browsing, that in the early days saved the
lives of thousands of cattle, was no longer a resource; the
homeseeker had squatted along the rich valleys, and long
lines of wire fences obstructed the free movement of cattle
before the storm; the railroad lands had been sold and large
ly fenced, thus more effectually hemming in the storm-
pushed animals. A striking peculiarity of the range-raised
cattle is that if you destroy the perfect liberty of action, they
at once become dependent lose their will power and rus
tling qualities. Illustrative of this, numerous instances could
be cited where range cattle, drifting before a storm, came
upon a fence that they could not pass through and in utter
helplessness walked back and forth along the fence until
they fell exhausted, one upon another, and died by the hun
dred.

With their ranges restricted and fence obstructions on
all sides, it became evident to cattle owners that the open-
range business must soon be reduced to a matter of history,
or the settlements in the country be discouraged and the
obstructions removed. The paramount question was : "Which
of these conditions shall be permitted to materialize ?"

Stockmen complained bitterly of the failure of the courts

THE BANDITTI OF THE PLAINS

to convict persons indicted or arrested for the theft of cattle
and made this their rallying cry. There was a very potent
reason for whatever truth these allegations contained.

Up to 1884, cowboys were chosen with an eye to their
expertness in the use of the rope and branding iron. In addi
tion to their regular monthly wages it was quite common
for herd owners to pay the boys from $2*50 to $5 per head
for all the "mavericks * they could put the company s brand
on, and "rustling for mavericks" in the spring was in order
all over the range country. It is currently reported that one
cattleman, now high in political preferment, raised the price
to $7.50 per head, and in consequence made what newspaper
men call a "scoop** on his brethren, who tarried behind in
the $5 list.

This practice taught the cowboy to look upon the un-
branded, motherless calf as common, or public property, to
be gathered in by the lucky finder.

Spurred on by the secret practice of a few cattlemen in
advancing the price of mavericks to cowboy rustlers, the
stock association prepared the "Maverick bill," which was
passed by the legislature in 1884, This law made it a felony
to brand a maverick, save under direction of an appointee
of the stock association, and then with the letter M, as the
property of the state, to be sold each April in advance of their
gathering, to the highest bidder for cash, certified checks be
ing required to accompany the bids for the estimated amount
of the purchase. The money went to the state and was used
in paying the expenses of the cattle roundup and inspection.
The law was declared unconstitutional by many of the lead
ing lawyers, and deemed to be in the interest of corporations
with large holdings.

14

INTRODUCTORY

It was directly contrary to the education previously given
the cowboys, and juries made up in whole or in part o old-
timers naturally hesitated in the matter o declaring a man
a thief for doing what the lawmakers themselves had taught
the people to do. Hence, there was some trouble in convict
ing men for appropriating mavericks, but when branded
cattle were stolen and proofs made, convictions followed.

C HAPTER I

WAR ON THE RUSTLERS THE HANGING OF JIM AVERILL
AND CATTLE KATE ON THE SWEETWATER

HERE BEING a few reckless fellows in various parts of the
state who lived by the theft of cattle and horses, it was com
paratively an easy matter to create the impression that the
losses sustained by cattlemen were much greater than the
facts supported. It was as easy to say that a hundred big
steers had been taken as to tell the truth and say that one or
two were missing, and that someone had undoubtedly stolen
them. This report of wholesale stealing excited the sympathy
of the people generally, and here was a point gained. So
many cattle could not be stolen by the few known thieves;
there must be hundreds engaged in the nefarious business.
Of whom does this army of brand-burners consist, was a very
natural question. Somebody answered, "The little stockman
and settler." Very soon it seemed to be understood that the
owners of large herds looked upon all the settlers and home-
seekers as rustlers among the herds for mavericks (unbranded
animals), and the name "rustler" was used as synonymous
with settler. This free use of an offensive term created more
or less bad blood and was a direct encouragement to die

THE BANDITTI OF THE PLAINS

actually vicious, because they could commit more thefts and
charge them to the settlers.

Keeping in mind the fact, stated in the introduction, that
the settler was an eyesore to the ranchman, by reason of his
fencing up the best lands, it may be seen that the latter was
an interested spectator, if not an active promoter of the at
taching of the disgraceful title of rustler to all country home-
seekers. In fact, public opinion has settled down to the belief
that the corporation managers conceived the rustler howl
for the purpose of securing public sympathy for their future
efforts to "run the settler out" by murder, assassination and
incendiarism.

The first open and murderous attack made upon the
settler by the cattlemen of the then territory, was in the sum
mer of 1889, on the Sweetwater, in Carbon county, James
Averill had taken a claim on the rich valley lands and opened
a small store, where a postoffice had been established, with
Averill as postmaster. Adjoining Averill s claim **Cattle
Kate" (Ella Watson) had also taken a claim. These claims
were in the center of a large section of country occupied by
a cattle ranch, and the presence of the squatters, or settlers
there was distasteful to the "Lord of the Manor." Averill
sold whisky, but was a quiet, peaceably disposed person, with
many friends among the cowboys and the settlers in the
outlying districts. He was never accused of cattle stealing.
Cattle Kate was a lewd woman and spent part of her time
in an annex of AverilPs house. She had a small pasture en
closed and gradually accumulated a bunch of young catde,
variously reported at from fifty to eighty head. These she
had purchased from the cowboys and ranchmen. The large
cattlemen charged that these cattle had been stolen from

18

HANGING OF AVERILL AND CATTLE KATE

them by the cowboys and given to Cattle Kate in the way
of business exchange; but no civil or criminal action was
ever begun in the courts to prove these allegations.

Defying all forms of law, ten cattlemen rode up to
AveriU s store and with guns pointing at their victims, took
Averill and the woman out of the house and hanged them
until they were dead. There was known to be one young man
present as a witness, and another party was reported to have
been near enough to identify the lynchers. The boy was an
invalid and was taken in charge by the cattlemen. He lingered
some weeks and died rumor strongly insisting, at the hands
of his protectors, by the administration of a slow poison. The
second party gave the list of those engaged in the tragedy
and they were reported to the Carbon County Grand Jury.
Meantime the informant was hunted like a wild beast, and
as he failed to appear before the grand jury, and has never
been seen or heard from since a few days after the hanging,
the supposition is that he sleeps beneath the sod in some
lonely mountain gorge where naught but the yelp of the
passing wolf disturbs the solemnity of his last resting place.
Or, perchance, this same howling beast picked the bones and
left them to bleach on the barren hillside.

When the court convened and the grand jury was called,
no case was made against the little band of prominent citi
zens who had arrogated to themselves the power over life,
and they were discharged. But the crime of taking two lives
without a trial by jury had been committed just the same,
and the disgrace of hanging a woman fastened upon the
state. This incident greatly excited the people throughout
the territory and widened the breach already opening be
tween the ranchman and the settler.

THE BANDITTI OF THE PLAINS

On the other hand, the success of the "enterprise," and
the failure to successfully prosecute the perpetrators of the
outrage, gave special encouragement to the stock growers
and they determined to "continue the good work.*

20

<X$>&i>3><><><>&i><i><>$><><^^

CHAPTER II

THE HANGING OF WAGGONER NEAR NEWCASTLE AT-
TACK UPON NATHAN D. CHAMPION AND ROSS
GILBERTSON ON POWDER RIVER BRUTAL AND
COWARDLY MURDER OF JOHN A. TISDALE AND
ORLEY E. JONES IN JOHNSON COUNTY

MBOLDENED by exemption from prosecution for the
Sweetwater executions, the cattle ring determined to begin
a systematic and indiscriminate slaughter of their supposed
enemies. They had in their employ men of known reckless
ness and daring, and apparently the plan was to have these
hired assassins begin on the eastern side of the state and pick
off their men as they came to them. The first job was the
hanging of Waggoner, a few miles from Newcastle, on the
morning of June 4th, 1891.

Three men went to his house and with false papers took
him under arrest. He was alone with his wife and two small
children, so his friends were ignorant of his arrest; in fact,
his wife supposed he had gone with friends and quietly
awaited his return, unsuspicious of foul play. The body was
found on the i2th of June hanging to a tree in a gulch some
miles away, since known as "Dead Man s Canyon." When

THE BANDITTI OF THE PLAINS

found the mustache had dropped from the flesh, the face
was black, the hands pinioned behind and decomposition
rapidly doing its work.

Naturally great excitement prevailed in the community
when the discovery of the body was made, and for a time
there seemed a likelihood of more trouble* The savage bru
tality characterizing the act of leaving a human body hang
ing in the woods to be eaten by vultures or devoured by
wolves was calculated to stir the blood of the average citizen.
But the cattlemen s domination in the community proved
superior to the resisting forces and the matter was dropped
after a partial investigation, with no arrests made. Circum
stances quite clearly pointed to certain men as the lynchers,
but in Western parlance, they "had a pull," and no official
action was taken.

Waggoner came to Wyoming from Nebraska and was
engaged in the horse-raising business. His herd increased
quite rapidly and the stockmen called him a rustler* This was
never established and today there are many reputable people
who declare that he was brave, kindhearted, generous and a
law-abiding citizen. His 1,000 head of horses have been vir
tually lost to the heirs by legal protection, but thus far none
of them have been identified as "stolen/*

Just before daylight on the morning of November ist,
3:891, four men entered the cabin of W. H. Hall, on Powder
river, where Nathan D* Champion and Ross Gilbertson were
living. As the door swung open it stood against the foot of
the bunk occupied by Champion. With pistols pointed, one
of the party said, "Give up; we have got you this time," and
immediately fired at the body of Champion* The latter
seized his revolvers from under his pillow and commenced

22

ATTACK. UPON CHAMPION AND GILBERTSON

shooting, whereupon the would-be murderers escaped from
the house. The blood at the door, the gun, clothing and
horses left near the cabin not only evidenced the fact of some
effective shooting on the part of Champion, but gave identifi
cation as to the assaulters. Joe Elliott was arrested, charged

Cabin where Champion and Gilbertson were attached

with attempt to murder, and on a preliminary hearing put
under $5,000 bonds. The witness having been killed or run
out of the country, the case was finally dismissed.

* Defeated in their attempt to kill Champion and Gilbert-
son, and getting the worst of the house-breaking plan, the
stockmen naturally put their heads together to devise other

THE BANDITTI OF THE PLAINS

methods of procedure. Bodily safety seemed to be a controll
ing idea in the new system of campaign, which proved to be
that of ambushing. District Court met in Buffalo late in
November, 1891, and business of one kind or another called
in many of the country people. This would afford the de
sired opportunity to waylay their victims on the road go
ing to or returning from the county seat. True to the well-
matured plans, the killing began on the evening of the 28th
of November.

Orley E. Jones, familiarly known as "Ranger Jones," a
young man of 23 years, went to Buffalo to arrange for lumber
to complete his house on his claim, expecting to get married
as soon as the building was ready for occupancy. He started
home on the afternoon of the 28th, driving two horses to a
buckboard. At the crossing of Muddy creek, fifteen miles out
from town, he was shot three times by some one in hiding
under the bridge* The wagon was taken to a gully some dis
tance from the road, the horses turned loose and Jones* body
left in the buckboard, the murderer or murderers seeking
safety in flight.

J. A. Tisdale, who lived sixty miles from Buffalo, had
gone in to purchase winter supplies for his family and, after
a few days visit, started home on the evening of the 30th,
spending the night at the Cross H ranch, four miles out*
Tisdale stated to friends in Buffalo that he had overheard
Frank M. Canton tell Fred Hesse that he (Canton) would
take care of Tisdale, and that he feared he would be killed
on the road home. He was nervous and uneasy, and as a pre
caution bought a double-barrelled shotgun to carry* A local
writer, speaking of this incident, says:

24

MURDER OF TISDALE AND JONES

Tisdale still showed his uneasiness at the Cross H. ranch, and
that night had the window blinds all closed and told one of the
boys there that he thought the cowmen were going to kill him.
He started the next morning on his journey home. Three miles
on his murderer was lying in a gulch within twenty feet of the
road, waiting for his victim to approach. Slowly but surely Tis
dale, with his heavy load, was going to meet his death at the
hands of the cowardly fiend. He approached, passed, and when
twenty-five feet by, the murderer s rifle belched forth its deadly
contents. The first shot, from appearances, struck the handle of
his six-shooter, which he had under his coat on the left side, and
glanced off. He had evidently tried to cock and shoot his shot
gun then, for one of the cartridges was indented slightly, as
though he had drawn the hammer back part way, and it had
then slipped from his thumb, he having received a death shot
in the side, before he had time to fully cock it, and the poor
fellow fell back on his load shot to death.

To avoid immediate discovery the wagon and team were
driven half a mile below, the horses shot and the wagon and
dead man left out of sight from the road. But Charles Basch,
approaching from the south on horseback, had witnessed at
least a part of the murderous deed, and he rode to Buffalo
and gave notice of same. Basch charged Frank M. Canton
with being the murderer. Sheriff Angus sent a deputy and
a small posse after the body and it was taken to town. The
village was full of country people, and excitement ran high.
About the time of the arrival of Tisdale s body, Jones brother
reached town, having grown nervous over his nonappear-
ance. A searching party was quickly organized and in the
evening the body of Ranger Jones was discovered in a gully
near the crossing of the Muddy, as detailed above, having

25

THE BANDITTI OF THE PLAINS

lain in the buckboard for three days. Here was cause for
still greater excitement, but the officers of the law had no
trouble in preserving order*

Charles Basch having accused Frank M. Canton with
the murder of Tisdale, it was generally believed that he also
ambushed and murdered Jones, though a few persons
thought Fred Hesse was the guilty party taking the cue
from Tisdale s remark that he had overheard Canton tell
Hesse that he would "take care of Tisdale," thus implying
that that was his share of the bloody work, and that others
were to do their share.

Canton was arrested and given a preliminary hearing be
fore Justice of the Peace Parmalee. Two days were spent in
the trial, when the accused was released.

The people freely charged the court with corruption and
declared the evidence ample to justify the placing of the
prisoner behind the bars without bail. Only the presence of
cool heads in the community prevented the wreaking of
vengeance upon Canton and some of his sympathizers. Can
ton and Hess left the state in a few days. Some time later,
new and material evidence was found and a new informa
tion was filed. Canton was in the state of Illinois, and Gover
nor Barber was asked to issue a requisition for his return.
This request the governor refused. In March, 1892, Canton
returned to Cheyenne to join the invaders, and the papers
were served upon him* Laramie City being in the same
judicial district with Buffalo, Canton was taken before Judge
Blake in chambers, and given a hearing* He was held in
bonds of $30,000, for which sum the following named per
sons qualified as sureties, the bond bearing date of April 4th,
1892:

26

MURDER OF TISDALE AND JONES

Hubert E. Teschemacher, Wm. C. Irvine, E. S. Rouse
Boughton, Fred G. S. Hesse, Lafayette H- Parker, A. R.
Powers, Joseph G. Pratt, Elias W. Whitcomb, Arthur B.
Clarke, John N. Tisdale, David R. Tisdale, James W. Ham
mond, Charles S. Ford, Henry W. Davis, George P, Bissell,
William E. Guthrie, Ralph M. Friend, George W. Baxter,
Hiram B. Ijams, Frank H. Laberteaux and Ranslaer S. Van
Tassell.

These cowardly shootings in the back from. places of
safety completed a list of dead at the hands of the cattle
barons as follows: Jim Averill, Ella Watson, Tom Waggoner,
O. E. Jones, and J. A. Tisdale, to say nothing of the attempts
to murder, and yet they went un whipped of justice, to plan
and execute other forms of oppression and other methods of
murder. No wonder the people of the state everywhere looked
upon the cattlemen as being arrayed against them and as the
enemies of true progress and development in the common
wealth. The eyes of the masses were opened to the situation.

<><xxx^e><x><<>^^

CHAPTER III

ORGANIZING THE INVASION THE WYOMING STOCK
GROWERS ASSOCIATION AS A PROMOTER CHEY
ENNE, THE RENDEZVOUS OF THE PLOTTERS-
ACTING GOVERNOR AMOS W. BARBER PREPARING
THE WAY FOR THE INVADERS THE PRESS OF THE
LAND HOODWINKED INTO FALSE STATEMENTS
TO PREPARE THE PUBLIC MIND TO SYMPATHIZE
WITH COMING EVENTS

HE INVASION of the state of Wyoming by a band of cut
throats and hired assassins in April, 1892, was the crowning
infamy of the ages. Nothing so cold-blooded, so brutal, so
bold and yet so cowardly was ever before recorded in the
annals of the world s history. The results proved disastrous
to the outlaws themselves and cast a shadow upon the name
of the state that will require a decade of years to dissipate by
the sunlight of a continuous prosperity. The crime was so
great that the lapse of years will only tend to magnify it in
the minds of all readers of Wyoming history. In this case
the sins of men will live after them. The audacity, the fool-
hardiness, of the gang of desperadoes was such that a study
of how it was planned and upon what they relied for success
seems a necessity in order to convey to the mind of the reader

28

ORGANIZING THE INVASION

the impression that the whole story is not a fiction, the work
of an overwrought imagination. Hence, this stopping by the
way to illustrate the various steps taken.

It is believed that early in the year 1891 it was determined
by the stockmen to terrorize the ranchmen and rustlers of
the northern part of the state and drive them from the ranges.
How, it mattered not. H. B. Ijams, secretary of the Board of
Livestock Commissioners, takes to himself credit for sug
gesting to the board the idea of seizing the cattle shipped to
market by such persons as the stockmen saw proper to class
as "rustlers," have the money sent to him as secretary of the
board, in Cheyenne, and force the shippers to make a pil
grimage to the capitol to prove their property. It was be
lieved that this would so embarrass and cripple the little
fellows that they would go out of the business. Thousands
of cattle were so seized, and considerable money thus ob
tained yet remains tied up in the hands of the commission.

In January, 1891, the Legislature passed an act creating
the "Board of Livestock Commissioners of Wyoming." The
board consists of three members, and employs a secretary.

Following are the sections that, in the opinion of Mr.
Ijams, justify the action taken as above indicated:

Sec. 13. The Board of Livestock Commissioners shall exer
cise a general supervision over, and so far as may be, protect the
livestock interests o the state from theft and disease, and shall
recommend from time to time such legislation as in their judg
ment will foster said industry.

Sec. 17. Said Board of Livestock Commissioners is hereby
authorized and it is made its duty to appoint such stock in
spectors as it may deem necessary for the better protection of
the livestock interests of the state, and to distribute them at such

29

THE BANDITTI OF THE PLAINS

points or places within or without the state as will in their judg
ment most effectually prevent the violation o any and all laws
of the state for the protection of stock.

Sec. 2,6. It shall be the duty of all persons shipping estrays at
once upon the sale thereof to remit to the secretary of the live
stock commission the proceeds received for each and every
estray, the ownership of which shall be unknown to the inspec
tor to whom a receipt for the same was given. If any inspector
shall at any time sell an estray shipped from this state, he shall
immediately remit the proceeds thereof to the secretary of the
livestock commission.

Sec. 29. The secretary of the livestock commission upon satis
factory proof of the ownership of any estray sold as above pro
vided, and for which he has received the money, shall pay such
owner the amount received from the sale of such estray or estrays;
Provided, That such ownership shall be proven within one year
after the publication of the notice of sale of said estray or estrays,
as above provided. Proof of the ownership shall be by affidavit
of the owner with at least one credible corroborating witness.

Just where the extra judicial power conferred upon the
board is given is difficult to see in the above. Yet it has been
freely exercised.

This plan, while it worked a great hardship upon many
innocent people, did not deter the settlers from attempting
to raise and ship cattle to market. Failing in this, more heroic
methods were adopted, as delineated in Chapter II. Still un
successful in gaining control of the rich valleys of the north>
a large number of prominent stockmen met in Cheyenne in
the early winter of 1891-92 and presumably agreed upon
the invasion as later planned in detail.

Money was a prime necessity and a subscription paper
was circulated among all the stockmen of the state, who

30

ORGANIZING THE INVASION

were believed to be in sympathy with the movement, and it
is said by some who saw the list that nearly a hundredl thou
sand dollars was subscribed to this "Extermination Fund,"
if we may coin an expression to fit. The cash being provided
for, the next thing in order was to gather in the leaders and
see upon what ground they stood. True, a good many ranch
men refused to contribute and be a party to the proposed
outrage, but enough, in the opinion of die inner circle of
plotters, had been committed to force the others into line.

The three members of the Wyoming Board of Livestock
Commissioners, J. W. Hammond, W. C. Irvine and Charles
Hecht, state officers, were in the city most of the winter.
Frank Wolcott, of Glenrock, came in about, or soon after
the holidays, and several other leading stock raisers from
various parts of the state and from the East, were frequently
seen in the city. These, in connection with several cattlemen
domiciled in Cheyenne, made a large list of interested parties
to work for a common end.

Ex-Governor Baxter s office, in the Commercial Block,
seemed to be the invasion incubator, for there Wolcott and
Irvine, the first and second in command of the cutthroat
army, generally were to be found in consultation "over pri
vate business," as the man in the outer office was wont to
explain to callers.

Knowing that their contemplated action was in direct and
flagrant opposition to all law and an overriding of the con
stitution of the state, it was necessary to ascertain how those
in authority would look upon the matter. Acting Governor
Barber, as executive of the civil government and command-
er-in~chief of the state militia, was the first man to look after.
During the months of February and March the Governor

3*

THE BANDITTI OF THE PLAINS

and the stockmen were almost inseparable. Irvine, Wolcott,
Baxter, I jams, Hammond and Hay seemed each to be a twin
brother of the executive, and at his office, adjoining the
Cheyenne Club House, the passerby in the night could al
most always see one or more of these people closeted with
or going into the governor s place. That they captured him,

F. E. Warren, Ex-U.S. Senator

body and soul, his later official acts and his refusal to act
abundantly testify. The path from Baxter s office to the act
ing governor s dormitory might appropriately be termed the
trail of blood.

Having made "medicine" with the governor, friendly
relations were to be created with the military at Fort D. A.
Russell. That these efforts were in a measure successful is

32

ORGANIZING THE INVASION

evidenced by the capture o government tents with the in
vading hosts, supposed to have been loaned to them by some
o the post officers.

Presumably the United States senators, Warren and
Carey, needed no coaching. Both were leading stock grow
ers, and general rumor credits Carey with being a contribu*

/. M. Carey, U. S. Senator

tor to the working fund of $1,000 in cash and other valuable
considerations.

Other senators and men high in the nation s councils are
believed to have been led into approval of the diabolical
scheme by misrepresentation and fraud.

Dropping back to the state officials, their action after the
collapse of the murderous raid led the people generally to

33

THE BANDITTI OF THE PLAINS

believe that many o them not only knew of the plans laid,
but actually gave encouragement to their carrying out.

Being reasonably assured of the official support of the
state authorities and important outside aid, as early as Janu
ary, 1892, a systematic effort was made to create public senti
ment favorable to their hellish work, through the press out
side of the state. During the holiday season a long article ap
peared in the Washington Star abusing the people of John
son county, classing them as rustlers and bad men generally.
It made a great story out of the wrongs suffered by the cattle
men, and was evidently inspired by some person informed
as to what the spring months would usher in on the plains
of Northern Wyoming. Omaha, Chicago, New York and
Philadelphia papers also contained frequent articles calcu
lated to make their readers believe that a reign of terror
existed in half a dozen counties in the state that could only
be overcome by a resort to arms, especially as all the court and
peace officers of these counties were said to be open and
avowed rustlers or acknowledged sympathizers therewith.
This class of reading matter was uncommon for the papers
publishing it, and could not have appeared so uniform in
character and even in dates without some inspiring hand
behind it. The only rational conclusion, therefore, is that the
invader managers had a literary bureau charged with the
duty of creating a public sentiment in the land to which they
could point as a moral backing of their future developments.
This work was carried down to the day of entering the field,
and even after the capture of the outfit. For weeks before the
start the Denver papers fairly bristled with bloodcurdling
stories of the outrages committed by the desperate homeseek-
ers north of the Platte river against the poor cattle kings*

34

ORGANIZING THE INVASION

These preliminary arrangements had all been so easily
and successfully worked that the stockmen seemingly actual
ly believed they could capture the state, run its country peo
ple over the border and return to the conditions present when
there was no man in all the north country save the festive
cowboy and he a law unto himself. As evidence that they had
arrived at this frame of mind, the following interviews with
H. B. Ijams and George W. Baxter, of Cheyenne, given in
Denver, Colorado, while the expedition was in the north,
are cited. The first is copied from the Cheyenne Daily Trib
une, one of the invaders most trusted organs, of date April
12, 1892, and we give it as it appeared in that delectable sheet,
head lines and all. It shows very clearly how the ex-governor
felt at that time, and what his hopes were founded upon. It
is good reading at this late date:

WIPE THEM OUT

All Honest Citizens Are in Hopes That the Cattlemen Will
Exterminate the Rusders Governor Baxter Is Interviewed
What Northern Catdemen Have to Say About the Warfare
Other Questions Discussed.

DENVER, April 12. Ex-Governor Baxter of Wyoming and
Judd Brush of Greeley, president of the Cattle Growers* Associ
ation, are in the city, in company with a number of prominent
cattlemen of this state and Wyoming. A member of the party,
in speaking of troubles in Wyoming, said: "The sympathies of
nine-tenths of the people of Wyoming are with the cattle owners.
I do not know to what extent the people of Colorado are in
formed as to the points at issue in the fight which is now fairly
under way, but from what I have learned I am willing to give
all the assistance possible to any body of men which will attempt
to exterminate the rustlers.

35

THE BANDITTI OF THE PLAINS

"The latter have terrorized whole communities or years and
practically control the actions of officials in several counties of
the state. The cattlemen who have gone into the state at the
head of the fighters whom they can trust, are men who were
driven off the ranges by the rustlers. Many of these men saved
their lives only by escaping on fast ponies under cover of dark
ness. The time has come when they must quit the state alto
gether or make a fight to the death. The party was organized
quietly in this city, as it was felt that the preliminary arrange
ments could not be safely made in Wyoming, so widespread is
the influence of the rustlers,"

"Is there no other way by which the interests of the cattle
men could be protected?"

"Absolutely none. The courts have been appealed to time
after time, in vain* Grand juries refused to indict the cattle
thieves, although in many cases the rustlers appeared before the
jury and acknowledged their guilt. It is simply a battle for exist
ence on the part of the cattle owners in half a dozen counties.
They must maintain their positions with rifles or let the robbers
have full sway. I have been told of instances where the rustlers
served notice on merchants, saying that they must keep quiet
or suffer condign punishment."

The day before the above quoted interview H, B. Ijams,
secretary of the Wyoming Board of Livestock Commission
ers, was in Denver, and a Republican reporter interviewed
him at length. From his statements we reproduce the fol
lowing extract:

"I do not believe any of these reports," he said, "on conflicts
having taken place. I think that all these dispatches are inspired
by the rustlers and their sympathizers. There are newspapers of
Wyoming which have always advocated the cause of the thieves

ORGANIZING THE INVASION

and they are still at work fixing up these reports. The rustlers
have charge o the wires and I am waiting now for the time
when our men can get hold of them. So while I am pretty much
in the dark I am certain that the true situation o things has not
been told.

A SURGEON WITH THE INVADERS

"One thing I know cannot be true. The dispatches say that a
wounded man was brought into Buffalo who was supposed to
be one of our invaders. That is absurd, A good surgeon, with
everything which he might need, is with the invaders, and if
anybody is hurt he is taken care of in the camp. They are well
provided with everything that may be needed. And I want to
emphasize strongly the character of the invading party. There
are about sixty good men, and of that number twenty especially
are among the best citizens of the whole state. They are men
who have been driven out of Johnson county by the gang of
rustlers, and they are going back for-well, retribution* is a
good word.

FIGHTING FOR HOME AND PROPERTY

"They are fighting for life, home and property, and I want
to predict that the rustlers will be wiped out* With the aid of
Sheriff Angus, the rustlers cannot muster as many men by far
as our party will have in the field very soon. As for the militia,
I fancy that most of them are now with one party or the other.
The company at Buffalo will pretty certainly stick to the rustlers.
The TA ranch, where the fight is said to have occurred, is owned
by Dr. Harris of Laramie City and his foreman is one of the
leaders of the invading party.

EXPLAINING DISPATCHES

"Now I think I can explain some of the vague dispatches.
Men come in to Casper and Cheyenne and other towns with
stories of what they have seen and heard, when they have no
foundation for such tales. Before I left Cheyenne a man came

37

THE BANDITTI OF THE PLAINS

in from the west and began to tell how he had met our party
well out on our journey, I questioned him pretty closely and
knowing just exactly the make-up o our party, it soon proved
that his story was an entire fabrication. So it is with the most of
the messengers from the seat of war. There may have been a
fight or several of them, but I doubt it. Our party is not going at
things hastily, and when we do hear reliable news, it will be
of a very decided nature.

It is useless for me to go into a history of this trouble and the
conditions leading up to it. The Republican has given the ac
count very accurately and completely. All we need now is news,

news."

Vague rumors of disaster to the cattlemen had reached the
press and these two valiant long-range fighters, taken by
surprise unbosomed themselves, thus giving a clear insight to
the public of the faith of the constitution wreckers then on
the gory field of battle and the camp followers engaged in
feeling and trying to regulate the public pulse.

Another thing that gave hope was the belief that they had
fully enlisted the sympathy of the president of the United
States in their behalf. On the I7th of April the following
telegram was sent from Paris Texas to the San Francisco
Chronicle and published generally throughout the country:

About two weeks ago eleven men, who had for years been
acting as either United States deputy marshals or deputy sheriffs,
left here rather mysteriously, and it was given out that they had
gone West to enter the cattle business. They belong to the party
that was rounded up by the troops and rustlers and taken to Fort
McKinney. It turned out that they were sent to Wyoming by the
United States government to help the big ranchmen protect

38

ORGANIZING THE INVASION

themselves from the raids of the rustlers. The large cattlemen,
it is said, appealed to President Harrison for protection, and of
fered to pay for men who would come and aid them in main
taining what they considered their rights. The president re
quested the marshals of the Eastern, Western and Northern dis
tricts of Texas to go to Wyoming at once, and a party of forty-
three was organized. It is said that they took oaths as Pinkerton
detectives.

While it is probably not true that the president had any
conception of the depth of villainy to which the treason plot
ters were stooping, it has been generally understood that his
consent to a transfer of deputy marshals from the South to
Wyoming had been secured. That an effort was made to
gather up a large number of these Southern deputies by the
agents of the invaders is known, and the braggadocio with
which Ijams speaks in the above quotation when he says:
"Angus and the rustlers cannot muster as many men by far
as our party will have in the field very soon," indicates that
recruits were expected from this direction. The circum
stances and conditions strongly point to some kind of an
understanding with the United States Marshal s office at
Washington, if not with a higher power.

It is evident, also, from the tone of the Baxter Jjams inter
views given above that they expected many recruits from
Denver, and were in that city to aid in forwarding a second
battalion to the front. Squads were promised from Casper,
Douglas and Newcastle, and it is known that a case of guns
was shipped to Douglas, addressed to Acting Governor Bar
ber about that time, and later shipped to Cheyenne, without
being opened, presumably because the volunteers were all on
the other side. Buffalo was booked for a hundred men, and

39

THE BANDITTI OF THE PLAINS

stragglers were to come in from the Big Horn and other
places. But none of these auxiliaries materialized. Baxter s
"nine-tenths of the people of Wyoming" were found to be
in sympathy with the people and against "the cattle owners."

All of these promises to aid, and the splendid detail of
plans laid, however, led Baxter to boastingly say to the Den
ver interviewer, "I am willing to give all the assistance pos
sible to any body of men which will attempt to exterminate
the rustlers." This promised assistance did not seem to arouse
the common herd of Denver to the enlisting point, notwith
standing the liberal terms of $5 a day and $50 for each and
every scalp taken by any of the force. (See Downing s con
fession in the appendix.)

As evidence of complicity between Wyoming s acting
governor and the invaders it is in order to present the fol
lowing transcript from the books of the Adjutant General s
office:

Cheyenne, Wyo., March 23, 1892.
General Order No. 4

Colonel De Forest Richards, Commanding First Regiment,
Wyoming National Guards:

Sir Colonel De Forest Richards, commanding First Regi
ment Infantry, Wyoming National Guards, is hereby directed
to instruct his company commanders that they shall obey only
such orders to assemble their commands as may be received from
these headquarters, to assist the civil authorities in the preserva
tion or enforcement of the laws of the state of Wyoming,
By order of the Governor and Commander-in-Chief-
( Signed) FRANK STITZER

Adjutant General

40

ORGANIZING THE INVASION

In order to show that the above order is in direct viola
tion of the laws of Wyoming the following copy of Section
33, Chapter 85, Session Laws, 1890, is given:

Sec. 33. Whenever in any county there is tumult, riot, mob
or any body of men acting together with intent to commit a
felony, or to do or offer violence to person or property, or by
force or violence to break or resist the laws of the territory, or
in case of an Indian outbreak, and the civil authorities are un
able to suppress the same, or there is reasonable apprehension
thereof, the governor or sheriff of the county, or the mayor or
judge, during the absence of the governor, may issue his call to
the commanding officer of any regiment, battalion, company,
troop or battery, to order his command, or any part thereof,
describing the same, to be and appear at a time and place therein
specified to act in aid of the civil authority.

Why should Amos W. Barber, acting governor, violate
this plainly written statute? Why should he, by an official
act, override the law and transfer the power to call out the
militia from the civil to the military branch of the state gov
ernment ? It was a very strange proceeding. There is but one
explanation possible it was a necessary safeguard to the
invaders. With that law in force the moment a band of in
vaders crossed the line of Converse or Johnson counties the
respective sheriffs would call out the company and contest
their advance. This would be a menace to the cattlemen.
There was a strong company at Douglas and one at Buffalo.
Malcomb Campbell of Converse county, and W. G. Angus
of Johnson, were known to be men who would act promptly
in an emergency, and shape their action to the interest of the
people. The military must be withdrawn from their call.

41

THE BANDITTI OF THE PLAINS

This order was made on the 23rd day of March, and on
April 5th the cattlemen s forces moved on Johnson county
a "mob, or body of men acting together with intent to offer
violence to person or property," in the county; but the hands
of the sheriff were tied, so far as the authority to call out the
military was concerned. Do you see how nicely the order fit
the case? Can any fair-minded reader fail to realize that
general order No. 4 was issued for the protection of the cattle
men while engaged in their bloody work to render the set
tlers of Johnson county helpless in the hands of a gang of
men supposed to be large enough in numbers to burn and
loot the premises of the lone settlers on the public domain ?
The constitution of the state of Wyoming contains the
following distinct and easily understood utterance :

Article No. XIX. Police Powers. Section I* No armed
police force, or detective agency, or armed body, or unarmed
body of men, shall ever be brought into this state for the sup
pression of domestic violence, except upon the application of
the Legislature or executive, when the Legislature cannot be
convened.

Under the above section of the constitution the duty of
the governor is clearly manifest in the emergency of an in
vasion of the state. Amos W. Barber was acting governor of
Wyoming on the 5th day of April, 1892, when an armed body
of men came on a special train from Denver, and after stop
ping for a time in Cheyenne, rolled away on another special
train made up at the city depot and stockyards for the north
ern part of the state, on murder and arson bent. His closest
personal friends with whom he had been in intercourse most
of the day, joined the gang at the depot, and it was simply

42

ORGANIZING THE INVASION

impossible, under the circumstances, for him not to have
known of the violation of the constitution being perpetrated.
The governor is commander-in-chief of the state troops, yet
he folded his arms and allowed the hired army to move on
the unsuspecting settlers while they were plowing for their
spring crops and endeavoring to provide for the wants of
wives and children.

Amos W. Barber, Acting Governor

But were it possible not to understand the conditions pres
ent at that time, the following day everybody knew what
had happened and an intercepting order could have been
sent and the troops ordered out. This was not done. When
asked why, he replied that he had no official knowledge of
the violation of the constitution and could not act on simple

43

THE BANDITTI OF THE PLAINS

hearsay. Waiting for the barn to burn before the water was
turned on.

In order that the acting governor may not be misrepre
sented, the following clipping is taken from the Cheyenne
Leader of April 8th, 1892:

Governor Barber was seen yesterday and asked if he had
taken any action with reference to the armed body of men
which entered and passed through the state on Tuesday evening.

"I have not," he replied. "The matter has not been brought
to my attention officially. I only know of the matter through
newspaper reports which, as you know," he added with a smile,
"are somewhat conflicting on the subject."

"Do you intend to take any official notice of the matter?"

"As soon as I have learned the facts I will take such steps as
I may deem necessary. I was more interested in the statement
from Douglas published in the Leader yesterday than anything
else. It was to the effect that the militia could hereafter be only
ordered out by the commander-in-chicf. This matter has been
under consideration ever since the last Legislature adjourned*
Previous to that under certain circumstances judges, sheriffs or
mayors could call out the militia. This was changed by the last
Legislature so that this power rests exclusively with the gover
nor. During my absence from the state I was much worried that
something of this sort would be done* The idea of the order was
to make it plain that the militia could only be ordered out by
the governor, as no one else now has that authority* The order
was issued over a month ago."

The reader can compare the law quoted above, which was
then and is now in force, with Barber s statement, and draw
his own conclusions as to exclusive power resting with the
governor* Besides, if the law conferred no authority upon

44

ORGANIZING THE INVASION

"judges, sheriffs and mayors," why Issue an order to prevent
the exercise o power not possessed ? The peculiar exigencies
o the case seemed to demand it namely, the preservation
o the proposed invaders.

Another circumstance that confirms the belief in the
mind of the general public that the governor had a guilty
knowledge of the proposed invasion is the fact that Charles
B. Penrose was employed as surgeon to the invaders and ac
companied them for a time on their raid. When captured
he had in his possession a case of surgical instruments be
longing to Governor Barber, and no one will accuse him
of stealing them they must have been loaned to him for
use, and loaned by their owner. Dr. Penrose was a close per
sonal friend of the governor, and was in Cheyenne as his
guest at the time of the start. Is it reasonable to suppose that
this stranger would accept so responsible a position as sur
geon general of an invading army without consulting his
old college chum with whom he was in daily contact ?

Having smoothed the way of the transgressors to the
satisfaction of themselves, the steering committee began to
look around for fighting material. To meet on anything like
equal footing the hardy pioneers who had braved all the
dangers of frontier life required men of nerve, practical ex
perience and good horsemanship. Texas and the Southwest
was the most inviting field, so a number of special agents
were sent there to open recruiting stations. The wages offered
were flattering, and to a certain class of reckless men sufficient
inducement to undertake the hazardous job. Fortunately
for the information of the public, George Dunning, one of
the hired men, made a confession, under oath, and told the
terms upon which all of the men were recruited. These were

45

THE BANDITTI OF THE PLAINS

$5 a day and all expenses paid, including a mount of horses,
pistols and rifle. In addition, each man o the command was
to receive $50 for each and every man killed by the mob.
George W- Baxter, R. M. Allen, Frank M. Canton, Tom
Smith and a few others are reported as the recruiting agents
sent to the Southwest, while it is known that H. B. Ijams
went on the same mission to Idaho. The work of enlisting
was a little slow, for brave, honorable men hesitated when
given to understand exactly what was expected of them*
Going to war in the regular way, when patriotism and duty
calls, is one thing going to fight for a set of corporation
cormorants against settlers on the public domain, simply for
the money there is in it, is quite another. However, with the
long list of ex-deputy marshals and thoughtless cowboys be
tween the piny woods of Texas and the Rio Grande, the
agents of the cattlemen believed they had secured sufficient
force to be effective in connection with the large number of
volunteers promised from Wyoming and adjoining sections.

So the men were ordered to report at Denver, Colorado,
the ist of April, 1892, where they were to be met by a com
mittee, after the annual meeting of the Wyoming Stock
Growers Association, on the 4th- The association meeting
was attended by many leading cattle raisers from all over
the state, and while nothing is known by the public as to
what its secret actions were, it is believed that the work of
the several special committees was approved and the general
plan of the campaign adopted. Results immediately follow
ing force the above conclusion.

Before adjournment on the 4th, the following resolution
was introduced by W. E. Guthrie and passed by a unani
mous vote.

ORGANIZING THE INVASION

Whereas, The cattle interests o this state have been serious
ly jeopardized by thieves and outlaws; and

Whereas, Many herds are leaving this state to seek protec
tion elsewhere; be it

Resolved, That the Wyoming Stock Growers Association
appreciates and endorses the able and fearless manner in which
the Board of Livestock Commissioners have attempted to guard
the interests of honest cattle owners in the state, acting as they
have without compensation or reward, and solely for the gen
eral good and prosperity of the state; be it further

Resolved, That we believe all money withheld by such board
to be the proceeds of stolen catde, and that we commend their
cause in retaining the same until proof of ownership shall be
made*

This is a direct reversal of all law and practice branding
men as thieves and then requiring them to prove themselves
honest, instead of counting them honest until proven to be
dishonest. It was an approval of the idea of the invasion
taking the law into their own hands, or rising superior to
the law and declaring that they "were a law unto themselves."

The Idaho contingent was ordered to report at Cheyenne,
and a squad was expected to be at Casper. About twenty-five
men were gathered at Cheyenne, and all day during the 5th
the work of preparation was going on. Guns and pistols
were purchased by the score and ammunition was carted out
by wagon loads. Rolls of blankets were shipped, and alto
gether it was a busy day in the Capitol City.

The plan of the campaign, it is believed, was to go direct
to Buffalo, kill Sheriff Angus and his deputies and there be
reinforced with a large number of co-workers, when they
would capture the town, kill twenty or thirty citizens and

47

THE BANDITTI OF THE PLAINS

then raid the settlements in the county, killing or driving out
several hundred more, thus getting rid of all their enemies.
After satiating themselves with the blood of Johnson coun
ty s citizens, they undoubtedly expected to make detours
into Natrona, Converse and Weston counties, where they
had dead lists in the hands of the mob, covering many set
tlers and some business men in each county. Spotters were
already in each county locating the men to be killed, and
apparently they anticipated a regular picnic in their work
of death. One leading idea seemed to be that a reign of terror
would at once be brought about and that hundreds of set
tlers would gather up their families and fly for safety before
the approach of the crimson-handed slayers* To prevent the
sending of news by wire in advance of the cutthroat band,
men had been posted along the telegraph line leading north
with instructions to cut the wires, and leave the communities
in ignorance of their approaching danger.

CHAPTER IV

THIRTY HIRED ASSASSINS AND TWENTY REPRESENTA
TIVE STOCKMEN LEAVE CHEYENNE TO MURDER,
BURN AND DESTROY THE FINAL PREPARATIONS
AND THE START ARRIVAL AT CASPER AND DE
PARTURE, MOUNTED, ACROSS THE COUNTRY

AND TUESDAY, April 4th and 5th, 1892, will al
ways be remembered as red letter days in the criminal history
of Cheyenne, the capitol city of Wyoming, the baby state of
the American Union. Leading members of the Wyoming
Stockgrowers* Association were engaged on these two days
branding a bunch of seventy odd picked and highly fed
horses with the unrecorded, or "Maverick" brand A on the
left shoulder, loading them in cars, and putting in other cars,
saddles, harness, tents, ammunition, giant powder, provi
sions, etc. Late in the afternoon of the 5th a special train
came in from Denver, Colorado, carrying the southern con
tingent of hired murderers. Stopping for an hour in the east
end of the switching yards, the cars were then taken across
the Crow creek bridge to the stockyards, where the stock
and baggage cars, already loaded, were attached, and at 6
o clock the start was made for Casper, two hundred miles

49

THE BANDITTI OF THE PLAINS

to the northwest. The mob consisted of somewhere between
fifty and sixty men, divided about equally between hired
helpers from the South and Wyoming citizens. These latter
were in the proportion of about two stockmen to one hired
man. Each person was armed with a brace of pistols and a
Winchester rifle.

The leaders were anxious for a start at their bloody work,
Major Wolcott, in command, as a parting salute, saying to
the railroad superintendent, "Hurry up; put us at Casper
and we will do the rest."

The track was clear and a fast run was made to Casper,
that point being reached three or four hours before daylight
the next morning. The train was stopped at the stockyards,
some distance outside of the town, and before sunrise the
wagons were loaded, the horsemen mounted, and the caval
cade on the move across the open prairie, following the
guides who had been summoned to be in waiting.

Before reaching Casper a stop was made at the Fort Fetter-
man stockyards, where Ed David, the general range man-
ager for Senator Carey, was taken aboard with two well ca
parisoned saddle horses, blankets, guns, etc. But there was
heaps of trouble on young David s mind. He had promised,
and was expected to go on the raid. Serious consideration of
the matter, however, had caused him to reconsider and cancel
his engagement. Asked for his reason, he stated that as
Carey s foreman, if he went on the trip, it would connect the
United States senator directly with the invasion and destroy
his future political advancement, a thing not to be tolerated
for a moment. There was a good deal of back talk on the
part of the commanding officers, but it was finally agreed
that David should give his horses and outfit to a man who

50

THIRTY HIRED ASSASSINS

had been hired to cut the telegraph wires, this man joining
the band and David taking his place as the official wire-
cutter o the expedition. The hired man accompanied the
gang and the telegraph wires were cut presumably by Ed
David in accordance with his promise so to do. (This in
formation comes under oath, and is reliable.)

There was a litde music on the train as it rolled away that
will probably never reach the ear of the public in its sweetest
tones. Several of our "best citizens" had pledged themselves
to be of the party, and had gone so far as to purchase their
outfits, but as the hour of departure drew near and the pos
sibilities and realities of the campaign presented themselves,
the spotless "white feather" lured them away from their
professed allegiance to the cause, and they were not on the
train. The discussion of why these bovine worshippers were
not present is reported as being more forcible than elegant,
and yet withal exceedingly musical in its rhythmic changes.

Seven miles out the invaders camped for breakfast. The
balance of that day and the following were consumed in the
march to Tisdale s ranch, forty odd miles from Casper. Two
or three men were met on the road and forced to turn back
and travel for hours. Then they were permitted to go their
way on a promise of secrecy as to having met any force of
men. Friends of the outfit at Casper and Douglas had been
instructed to give out the information, should the mob be
discovered and suspicion be aroused, that the passing men
were a crowd of railroad surveyors, going to locate and hold
a pass in the mountains. Major Wolcott was supposed to
be in command of the forces, with Canton as captain of the
Wyoming men and Tom Smith over the Texans.

Just before reaching Tisdale s ranch, Mike Shonsey, fore-
Si

THE BANDITTI OF THE PLAINS

man of the Western Union Beef Company, rode up to the
advancing column with the information that there were
rustlers in the neighboring ranch, and after consultation
among the leaders of the band that night, a change of route
and plan was agreed upon.

<&&&&$><i><><^^

CHAPTER V

COWARDLY ATTACK UPON THE KG RANCH FLIGHT OF
JACK FLAGG UNDER FIRE CAPTURE OF THE TRAP
PERS JONES AND WALKER SHOOTING OF RAY-
BURNING OF THE RANCH HOUSE ATTEMPTED
FLIGHT AND KILLING OF NATE CHAMPION CHAM
PION S DIARY

INDICATED in the last chapter, the information brought
by Shonsey to the effect that there were rustlers at Nolan s
KG ranch, on the North fork of Powder river, changed the
route of the invaders. Friday, the 8th, was spent at Tisdale s,
waiting for the supply wagons to come up. In the afternoon
Shonsey, in charge of a squad, was sent to reconnoitre, the
balance of the party following after nightfall. The design
was to reach the ranch before daylight and blow up the house
with dynamite, thus destroying all who chanced to be in the
building. But daylight had broken when they reached the
place and safety forbade too near approach to the dwelling,
where "dead shots" might get the drop. So they concealed
themselves in the stable, along the creek that nearly sur
rounded the house, and in the brush of the ravine on the

53

THE BANDITTI OF THE PLAINS

side opposite the creek. Having the premises completely
surrounded and being themselves concealed, the besiegers
waited the appearance of the inmates, expecting to shoot
them down as they came out. Seeing a traveler s wagon in
the yard, the suspicion was raised in the minds of the leaders
that possibly some of their friends might be in the house,
and orders were given "await orders" before shooting.

Presently a man came out with a bucket and walked
down to the creek. He was captured and concealed behind
the creek bank. Another man came from the house after a
time and walked to the stable. He was captured and held.
These men proved to be Jones and Walker, two trappers
who had stopped over night at the ranch. In a little while
Nick Ray came out of the house and walked several steps
from the door when he was shot and felled to the ground.
Champion rushed to the door, gun in hand, and poured a
volley at the beseigers, all the time a hot fire being directed
at him. He closed the door and evidently watched from the
window whence he could see that his friend Ray was slowly
crawling toward the door. When Ray was close to the step,
Champion opened the door, sent another volley toward the
stable and the creek, then laid down his gun and, with bul
lets thick as hail flying about him, stepped out and dragged
his friend into the house.

A regular fusillade was kept up upon the house until the
middle of the afternoon, and a good many shots were fired
from the house. It is understood that several of Champion s
shots took effect in the fleshy part of the assailants, but none
of them were dangerously hurt. About 3 o clock in the after
noon Jack Flagg, on horseback, and his stepson came along
the road and approached within a few rods of the mob, the

54

I

s

THE BANDITTI OF THE PLAINS

men being concealed. This part of the day s doings has been
told by Mr* Flagg in a newspaper article and is here repro
duced as the best authority available. He says:

The morning of the 9th I started from my ranch, eighteen
miles above on the river, to go to Douglas. I was on horseback,
and my stepson, a boy 17 years of age, started with me to go to
the Powder river crossing. He was driving two horses and had
only the running gear of a 3 1-4 wagon. We got to the K.C.
ranch about 2:30 p.m. I was riding about fifty yards behind the
wagon. We could not see the stable, behind which the murder
ers were concealed, until we were within seventy-five yards of
it. When the wagon hove in sight, the murderers jumped up
and commanded the boy to halt, but he urged up his horses and
drove for the bridge. When they saw he would not stop, one of
them took aim on the corner of the fence and fired at him. The
shot missed him and scared his team, which stampeded across
the bridge and on up the road.

There were twenty men behind the stable, and seven came up
on horseback, three from one side of the road and four from
the other and closed in behind me. When the men behind the
stable saw me, they began to jump for their guns, which were
leaning against the fence, and called on me to stop and throw
up my hands. I did not comply with their order, but kept
straight for the bridge. When I got to the nearest point to them
forty-seven steps a man whom I recognized as Ford, stepped
from the crowd and, taking deliberate aim at me with his Win
chester, fired. Then they all commenced firing. I threw myself
on the side of my horse and made a run for it. The seven
horsemen followed me. When I overtook my wagon, which
had my rifle on it, I told my boy to hand it to me, which he did;
I then told him to stop and cut one of the horses loose and mount
him. The seven horsemen were following me, and when I
stopped, were 350 yards behind, but as soon as they saw I had

56

BURNING OF THE RANCH HOUSE

a rifle, they stopped. I only had three cartridges for my rifle, and
did not want to fire one of them, unless they came closer, which
they did not seem inclined to do.

The escape of Flagg and his stepson was a sore trial to
the banditti, as it made the giving of a general alarm to the
settlers a certainty and in consequence gave promise of an
uprising of the whole people in arms against their common
enemies. Time was precious, and no more could be wasted
on the besieged. The wagon left in the road was run down
to the barn, loaded with hay and pitch pine wood, then
backed up against the window of the house, Dunning says,
by Major Wolcott, A. B. Clark, John Tisdale, Tom Smith
and James Dudley. A torch was applied and in a moment
the building was a mass of flames.

Champion ran out at the south end of the house, gun in
hand. A hundred shots were fired at him without effect,
and no doubt he thought escape was possible. But as he
approached the ravine two hundreds yards from the house, a
dozen men fired from the brush simultaneously. Even these
whistling missiles of death passed him by and he raised his
gun to reply. Before he could shoot a second volley belched
forth from the hidden foes and brave Champion fell hero in
the hearts of all his neighbors. Many of the assassins must
have fired repeatedly into his dead body before daring to ap
proach it, for on being prepared for burial, twenty-eight bul
lets were found to have pierced him. Eye-witnesses differ
slightly in their narratives of this exciting scene, but from a
comparison of statements the above is believed to be a correct,
though short summing up of the facts. For variety, and in
order that there may lodge no charge of prejudice, the fol-

57

I

t

I

I

FLIGHT AND KILLING OF CHAMPION

lowing account, from the pen o Sam T. Clover, correspon
dent of the Chicago Herald, who was with the regulators
from the start until after the K.C. massacre, is given. Clover
being in constant association with the free-booters was na
turally looking through the colored glasses they had prepared
for him, though no doubt trying to be impartial* He says:

The roof of the cabin was the first to catch on fire, spreading
rapidly downward until the north wall was a sheet of flames.
Volumes of smoke poured in at the open window from the burn
ing wagon, and in a short time through the plastered cracks of
the log house puffs of smoke worked outward. Still the doomed
man remained doggedly concealed, refusing to reward them by
his appearance. The cordon of sharpshooters stood ready to fire
upon him the instant he started to run. Fiercer and hotter grew
the flames, leaping with mad impetuosity from room to room
until every part of the house was ablaze and only the dugout
at the west end remained intact.

"Reckon the cuss has shot himself," remarked one of the
waiting marksmen. "No fellow could stay in that hole a minute
and be alive."

These words were barely spoken when there was a shout,
"There he goes!" and a man clad in his stocking feet, bearing a
Winchester in his hands and a revolver in his belt, emerged
from a volume of black smoke that issued from the rear door of
the house and started off across the open space surrounding the
cabin into a ravine, fifty yards south of the house, but the poor
devil jumped square into the arms of two of the best shots in
the outfit, who stood with leveled Winchesters around the bend
waiting for his appearance. Champion saw them too late, for he
overshot his mark just as a bullet struck his rifle arm, causing
the gun to fall from his nerveless grasp. Before he could draw

59

THE BANDITTI OF THE PLAINS

his revolver a second shot struck him, in the breast and a third
and fourth found their way to his heart.

Nate Champion, the king of cattle thieves, and the bravest
man in Johnson county, was dead. Prone upon his back, with
his teeth clenched and a look of mingled defiance and deter
mination on his face to the last, the intrepid rustler met his fate
without a groan and paid the penalty of his crimes with his
life. A card bearing the significant legend, "Cattle thieves, be
ware!" was pinned to his blood-soaked vest, and there in the
dawn, with his red sash tied around him and his half-closed eyes
raised toward the blue sky, this brave but misguided man was
left to die by the band of regulators who, having succeeded in
their object, rapidly withdrew from the scene of the double
tragedy.

Champion s pistol and gun were confiscated by some of
the gang, and in searching the body a pocket memorandum
was found soaked with his life s blood and bearing a bullet
hole through it. Under the printed date of April pth, the fol
lowing entry was written in pencil:

Me and Nick was getting breakfast when the attack took
place. Two men here with us Bill Jones and another man. The
old man went after water and did not come back. His friend
went out to see what was the matter and he did not come back.
Nick started out and I told him to look out, that I thought that
there was some one at the stable and would not let them come
back. Nick is shot, but not dead yet. He is awful sick. I must
go and wait on him. It is now about two hours since the first
shot. Nick is still alive; they arc still shooting and are all around
the house. Boys, there is bullets coming in like hail. Them fel
lows is in such shape I can t get at them. They are shooting from
the stable and river and back of the house. Nick is dead, he

60

CHAMPIONS DIARY

died about 9 o clock. I sec a smoke down at the stable. I think
they have fired it. I don t think they intend to let me get away
this time.

It is now about noon. There is someone at the stable yet;
they are throwing a rope out at the door and drawing it back.
I guess it is to draw me out, I wish that duck would get out
further so I could get a shot at him. Boys, I don t know what
they have done with them two fellows that staid last night. Boys,
I feel pretty lonesome just now. I wish there was someone here
with me so we could watch all sides at once. They may fool
around until I get a good shot before they leave. It s about 3
o clock now. There was a man in a buckboard and one on horse
back just passed. They fired on them as they went by. I don t
know if they killed them or not. I seen lots of men come out on
horses on the other side of the river and take after them. I shot
at the men in the stable just now; don t know if I got any or
not. I must go and look out again. It don t look as if there is
much show of my getting away. I see twelve or fifteen men. One
looks like (name is scratched out). I don t know whether it is
or not. I hope they did not catch them fellows that run over
the bridge towards Smith s. They are shooting at the house now.
If I had a pair of glasses I believe I would know some of those
men. They are coming back. I ve got to look out.

Well, they have just got through shelling the house like hail.
I heard them splitting wood. I guess they are going to fire the
house to-night. I think I will make a break when night comes,
if alive. Shooting again. I think they will fire the house this time.
It s not night yet. The house is all fired. Goodbye, boys, if I
never see you again.

NATHAN D. CHAMPION

The above diary written while half a hundred armed men
had the house surrounded, with all avenues of escape shut off,

61

THE BANMTTI OF THE PLAINS

with a constant hail of bullets entering from every direction;
with his dead friend lying on the floor beside him, knowing,
in fact, that these fifty men were thirsting for his blood, is
a remarkable production, and will be quoted in history as
the utterance of a brave man throughout all time to come.
No stronger expression of nerve and heroism has ever been
recorded, and coming generations will point to Nate Cham
pion as one of the coolest and bravest men of the nineteenth
century.

The cattle barons branded him a thief, but his neighbors,
many of them recognized as fair-minded, honest men, even
by the said "barons," declare that he was not a thief, but
an honest, hard-working and conscientious citizen; that his
life s blood was wanted, not because he would steal cattle,
but because his testimony, if given in court, would send two
or more of the members of the robber gang to the gallows or
to prison for cold-blooded crimes committed. Remember
ing that these people who thus think and talk have never
committed a crime or broken a law of the state, and remem
bering also that murder, arson, body burning and many at
tempts to murder are known to lie against the cattlemen
engaged in the raid, it seems impossible not to accept the
verdict of Champion s neighbors in preference to that of his
murderers. The great body of the people have already de
cided this question and the decision is recorded in Cham
pion s favor.

Nathan D. Champion was born in the country, seven
miles from Round Rock, Williamson county, Texas, Sep
tember 29th, 1857, being the sixth son of Jack Champion and
Naomi Standerfer. The family is an old and well connected
one, with no scandal attached to its record. By a second

62

FLIGHT AND KILLING OF CHAMPION

marriage of Nate s father there are six sons, making twelve
in all, besides six daughters, or a family of eighteen. Nate
and his brother Dudley have been in Johnson county for a
number of years, coming up with Texas cattle and serving
as top hands on many of the big ranches.

Nick Ray was a Missourian, who came to Wyoming as a
cowboy and has done faithful work in that line for years.
He was blackballed by the stockmen, but, his neighbors
say, unjustly.

CHAPTER VI

THE MARCH TO THE TA RANCH INCIDENTS BY THE
WAY PREPARING FOR A SIEGE

fc FTER THE KILLING of Champion the cattlemen joined the
supply wagons that had arrived on the creek in sight o the
smoking ruins of Nolan s ranch house, and the cooks served
a hearty meal to the hungry men. Dr. Penrose, the company s
surgeon, and Ed Towse, the special reporter sent along with
the mob by the Cheyenne Sun, reported themselves sick at
Tisdale s ranch and deserted. Supper being over, the order
to mount was given and a start was made direct for Buffalo,
sixty miles away. The ride of thirty miles to the Western
Union Beef Company s headquarters was made in five hours,
according to several different reports, the object of the forced
march being to reach Buffalo before daylight, surprise and
capture the town, killing Angus and a long list of others be
fore the people were notified of danger by Jack Flagg.
Shonsey, the foreman for the Western Union Beef Com
pany, of which George W. Baxter is general manager, who
was with the gang, had about a hundred head of grain-fed
horses in the stables ready for the men, and a change was
quickly made. With these spirited animals, specially fed for

THE MARCH TO THE TA RANCH

weeks, in anticipation of this emergency, the men dashed
off at a rattling pace for what they were pleased to call the
"doomed city of the plains." Near Carr s ranch, on Crazy
Woman, a camp fire was seen in the road ahead, and the
accidental discharge of a gun gave alarm to the invaders*
who, supposing it a party of rustlers, on vengeance bent, cut
the wire of Carr s pasture fence and made a long detour,
reaching the Buffalo road at a safe distance beyond the
camp fire.

At 2 o clock they were at the 28 ranch, twenty-two miles
from Buffalo, having ridden thirty-eight miles since leaving
the KG ruins at sundown, beside losing about an hour s
time and covering four or five extra miles. At this ranch
coffee was served and two hours* rest taken. At 4 o clock the
march was resumed. When well on the road toward Buffalo
a horseman appeared and informed the leaders that there
were two hundred excited citizens under arms as a sheriff s
posse, in the town, and strongly advised against an attack
being made. He said the arrangements made for the assassi
nation of Angus and his deputies the night before had failed
by reason of Angus hearing of the killing of Champion and
his organization of a posse and departure for Powder river
to head off the mob.

This information caused a change of tactics, and orders
were given to march to the TA ranch and fortify for a strong
defense. About this time James Dudley, alias Gus Green,
was reported with a broken leg from an accidental discharge
of his gun, caused by his horse bucking. He died later on
at the military post.

The TA ranch was reached shortly after noon and all
hands put to work strengthening the position. The following

65

THE BANDITTI OF THE PLAINS

plan was furnished the Daily Leader by a correspondent on
the ground during the siege, and is believed to be substan
tially correct. The buildings are located in a bend of Crazy
Woman creek, twelve miles from Buffalo. The house and
ice house (marked in the cut) are built of hewed logs, 6x8
inches. The stable is also constructed of logs closely fitted
together. Log breast works were built on two sides of the
house and earthworks inside of the fort. Loop holes were
cut, and altogether the position was able to stand off a rifle
siege almost indefinitely, did the provisions hold out. In this
respect, however, the situation was not encouraging, for the
three heavily loaded four-horse wagons of supplies had been
captured by the rustlers early in the day, and the sole de
pendence was the small store at the ranch for the cowboys
use. The supply wagons were found to contain not only
provisions, but fuse, giant powder and poison.

Still the "white caps," as the rustlers styled the block
house party, were in good spirits, because they had faith in
the promises of their "Cheyenne friends" to protect them
in the event of an emergency. The emergency had come and
their faith was to make them whole.

66

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CHAPTER VII

THE SIEGE GATHERING OF THE SETTLERS CONSTRUC
TION OF BREASTWORKS AND RIFLE PITS ANGUS*
WONDERFUL RIDE OFFICIAL CORRESPONDENCE-
RESCUED BY ORDER OF PRESIDENT BENJAMIN
HARRISON

BRRENCE SMITH had seen and heard the firing on the KG
ranch in the morning, and divining its import, had ridden
to Buffalo, notifying the settlers as he went. Sheriff Angus
swore in a posse of 12, men and started about sundown to the
relief of his Powder river friends. Meantime other citizens
of Buffalo and countrymen as they came in were being depu
tized and armed. Jack Flagg and his stepson rode rapidly to
Grabing, 30 miles, reaching there at 9 o clock. Securing three
good men as recruits at this point, they started back to the
assistance of the men they supposed to be still imprisoned
at the KG. Reaching Carr s ranch at 12 o clock, they met 12
more men going on the same mission, having learned the
news from Terrence Smith while on his way to Buffalo. As
the combined force was mounting for the start the regulators
were discovered approaching, and the little band prepared
to ambush them. Fortunately for the murderers, one of the

67

THE BANDITTI OF THE PLAINS

boys let his gun go off accidentally, when the advancing
column took the hint and escaped by making a detour as
described in a previous chapter.

Flagg s party then went into camp for the rest o the
night and in the morning followed on north, passing by the
TA ranch and reaching Buffalo in the afternoon. Reinforced
to 48 men, they rode out to the TA ranch and at daylight
on the morning of April nth, the invaders were completely
surrounded. Sheriff Angus had in the meantime returned
from the KC ranch, having ridden 120 miles in the mar
velous time of 14 hours, and reported the shooting of Cham
pion and the burning of Ray s body. This news greatly in
creased the prevailing excitement, and during the day of the
nth a crowd of between three and four hundred well-armed
and determined men, making a stand in defense of their
homes and their liberty, were on the ground to aid in dis
lodging the enemy. In the absence of the sheriff, Arapahoe
Brown and E. U. Snider were placed in command.

Monday night was devoted to digging rifle pits and
throwing up breastworks around the besieged. Tuesday
brought recruits from Sheridan county and the distant parts
of Johnson, thus swelling the ranks of the home defenders.
Early on Monday morning the cattlemen opened fire on a
bunch of settlers 400 yards up the hill, and the battle was on.
A brisk fire was kept up most of the time from the opening
shot until the final surrender. There was not a cannon in
the county save at Fort McKinney, and the commanding
officer there refused to loan one to the settlers. Realizing
that the fortifications were impregnable to small arms and
fearing state interference at an early day, it was determined
to construct a movable breastwork that could be run down

68

THE SIEGE

the hill sufficiently near the fort to admit o throwing against
its walls the dynamite captured from the cattlemen s supply
wagons. For this purpose two of the captured wagons were
used. A correspondent on the ground describes this "Go-
Devil" as follows:

The idea of building a movable fort or breastwork originated
with Arapahoe Brown and E. U. Snider. The running gear of
the captured Arp & Hammond wagons, two pair, were placed
side by side several feet apart and then fastened together by a
frame work of logs. The rear of the wagons was the front of
the fort and was comprised of two thicknesses of eight-inch
logs fastened together by wire. This formed a breastwork over
six feet high, with five portholes in it, also protected by eight-
inch pieces. If necessary baled hay could be placed inside, mak
ing the protection still stronger. Five men could slowly move
the ingenious contrivance, fifteen could move it easily, and it
would protect 40 men. The plan was to move it down upon the
white caps near enough to throw giant powder into their fort. It
was in working order and had been moved about 100 yards
when the soldiers came in sight. All proceedings at once ceased
and the men who for 48 hours had held the fighting cattlemen
at bay cheered the troops lustily as they advanced to the rescue.

The two days* fight had resulted in no killing on either
side, but on Wednesday morning the conditions were any
thing but promising for the cattlemen. During the previous
night, rifle pits had been dug within 300 yards of the fort
and the Go-Devil, or Ark of Safety, was ready for business.
The first bomb sent into the enemies camp would have
forced some of the men from cover and the sharpshooters
in the rifle pits would have sent them to earth. Two hours

69

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THE SIEGE

delay in the arrival of the government troops would have
proven, in all probability, fatal to the besieged white caps.

A little after sunup on the morning of the i3th, Colonel
J. J. Van Horn filed into camp with three troops of cavalry
from Fort McKinney. The colonel, bearing a flag of truce
and accompanied by his staff, Captain Parmalee, Governor
Barber s aide-de-camp, and Sheriff Angus, advanced to the
fort and demanded the surrender of the party. Major Wol-
cott, in command of the invaders, replied: "I will surrender
to you, but to that man, (turning to Sheriff Angus) never. I
have never seen him before, but I have heard enough of him
and rather than give up to him we will die right here. He
has the best of us now, because our plans have miscarried,
but it will be different yet." (The above response of Major
Wolcott is as reported by the press correspondent present at
the time, and is accepted by the public as true.)

Preparations were at once made for the transfer of the
captives to Fort McKinney and in two hours time they were
on the road to the post. The citizens quietly dispersed, many
going directly to their homes and others riding into Buffalo.
All seemed to be satisfied with the turn of affairs, but all
equally insisted that when the excitement cooled off some
what, the prisoners should be turned over to the civil author
ities for trial.

The following is a list of the men who surrendered to
Colonel Van Horn:

A. B. Clark, K W. Whitcomb, A. D. Adamson, C. S.
Ford, W- H. Tabor, G. R. Tucker, A. R. Powers, D. E.
Booke, B. M. Morrison, W. A. Wilson, M. A. McNally, Bob
Barlin, W. S. Davis, S. Sutherland, Alex Lowther, W. J.
Clarke, J. A. Garrett, Wm. Armstrong, Buck Garrett, F. H.

a

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THE SIEGE

Labertaux, J. C. Johnson, Alex Hamilton, F. M. Canton,
W. C. Irvine, J. N. Tisdale, W. B. Wallace, F. DeBilleir, H.
Teschemaker, W. E. Guthrie, F. G. S. Hesse, Phil DuFran,
Wm. Little, D. R. Tisdale, J. D. Mynett, M. Shonsey, Joe
Elliott, C. A. Campbell, J. Borlings, L. H. Parker, S. S.
Tucker, B. Wiley, J. M. Beuford, K. Rickard, Frank Wol-
cott, B. Schultz.

George Dunning, of Idaho, in the confusion incident to the
surrender, secreted himself in the loft of the house until dark,
when he walked away. He took the "wrong end" of the
road and went into Buffalo, where he was arrested by Sheriff
Angus and put in jail. R. M. Allen, manager of the Standard
Cattle Company, of Ames, Nebraska, had left the party
after the KG murders, and when met by the news which
caused the retreat to the blockhouse, presumably going to
hurry up reinforcements, by order of the mob, was captured
at Buffalo. Dudley, suffering with a broken leg, had been
sent to the military hospital before the TA engagement.
Another Texan, shot in the groin, was not taken with the
party, but sent for later.

A Buffalo paper of April I4th, speaking of the situation
just after the surrender, says:

Here in Buffalo all was excitement and unrest; rumors of
all descriptions, preposterous, ludicrous and probable, pervaded
the atmosphere. No two men could start a conversation but
what a crowd would soon gather around. Knots of men could
be seen on all street corners, earnestly speculating on the out
come; but for all the utmost decorum and good nature prevailed.
But few arrests were made by the officers, and those only for the
personal safety of the individual arrested.

Soon after the return of the troops with the prisoners to Fort

73

THE BANDITTI OF THE PLAINS

McKinney, criminal complaints were sworn to before Justice
Reimann and warrants for murder and arson issued against these
men. Sheriff Angus served the warrants on Colonel Van Horn,
demanding the surrender of the criminals to the civil author
ities of Johnson county, but his request was denied.

The history of this remarkable siege would not be ap
proximately complete without showing how the rescue was
brought about. Hence, the reader will pardon the introduc
tion of copies of the various official telegrams that passed
over the wires on the subject.

The private telegraph line from Douglas to Buffalo being
in the hands of the cattlemen and no message permitted to
pass while the expedition was moving north, was at once
ordered opened to business when the gang went into the
TA fortification. The raiders friends telegraphed the situa
tion to Acting Governor Barber as soon as the line was re
paired, and he immediately opened up communication with
Washington, as the public believes, in harmony with pre
viously arranged plans. The delay in repairing the line came
nearly proving disastrous to the invaders, for it was late on
the afternoon of April i2th when Barber received notice of
the perilous condition of his friends. At once the following
message was given for transmissal :

(TELEGRAM)

Cheyenne, Wyo., April 12, 1892.
The President, Washington, D. C.:

An insurrection exists in Johnson county, in the state of Wyo
ming, in the immediate vicinity of Fort McKinney, against the
government of said state. The Legislature is not in session and
cannot be convened in time to afford any relief whatever or take

74

OFFICIAL CORRESPONDENCE

any action thereon. Open hostilities exist and large bodies of
armed men are engaged in battle. A company of militia is lo
cated at the city of Buffalo, near the scene of action, but its con
tinued presence in that city is absolutely required for the pur
pose of protecting life and property therein. The scene of action
is 125 miles from the nearest railroad point, from which other
portions of the state militia could be sent. No relief can be af
forded by state militia, and civil authorities are wholly unable
to afford any relief whatever.

United States troops are located at Fort McKinney, which
is 13 miles from the scene of action, which is known as TA
ranch* I apply to you on behalf of the state of Wyoming to
direct the United States troops at Fort McKinney to assist in
suppressing the insurrection. The lives of a large number of
persons are in imminent danger.

AMOS W. BARBER,
Acting Governor.

To this President Harrison replied as follows :

(TELEGRAM)

Washington, April 12, 1892, 11:05 P-m-
The Governor of Wyoming, Cheyenne, Wyoming:

I have, in compliance with your call for the aid of the United
States forces to protect the state of Wyoming against domestic
violence, ordered the secretary of war to concentrate a sufficient
force at the scene of the disturbance and to co-operate with your
authorities. You should have a competent and authorized rep
resentative at the place.

BENJAMIN HARRISON

To this is added the following telegram from General
Brooke at Omaha:

(TELEGRAM)

Omaha, Neb., April 12, 1892, 11:37 p.m.
Governor Barber, Cheyenne, Wyoming:

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THE BANDITTI OF THE PLAINS

Order of President received and commanding officer at Mc-
Kinney ordered to prevent violence and preserve peace in co
operation with you. Have you a representative to join the com
manding officer? The troops will move at once and will act with
prudence and firmness.

JOHN R. BROOKE,
Brigadier General Commanding.

A Washington press dispatch of the I3th says that Sen
ators Warren and Carey were wired from Cheyenne late on
the night of the 12th as to the situation at the TA ranch, and
that they both called upon the president, arousing him from
his bed. After consultation the secretary of war was called
upon and that distinguished officer was induced to imme
diately telegraph General Brooke at Omaha, ordering relief
from Fort McKinney to the imprisoned cattlemen. As
United States Senators, Warren and Carey were the moving
power in the case.

Military history fails to record another instance where
such prompt action and celerity of movement was had as in
this case. Barber s telegram to the president left Cheyenne
after dark on April 12. Reaching Washington, 2,000 miles
away, a consultation between the president, secretary of war
and Wyoming s Senators was held, a telegraph order was
flashed to Omaha, 1,500 miles, and in turn transferred to Fort
McKinney, another thousand miles, all before i o clock on
the morning of April I3th, or inside of six hours. Within
another hour three troops of cavalry were in their saddles
on the road to the besieged white caps, and before sunrise
their bugle notes sounded "rescue" to the waiting barons,
15 miles from the post.

OFFICIAL CORRESPONDENCE

The casual reader of these pages cannot help but note the
strange phraseology of Governor Barber s dispatch to Presi
dent Harrison "An insurrection exists in Johnson county."
There was no insurrection. The people were in arms, but
they had taken them in defense of their homes and their
lives, against an invading army that was killing citizens,
burning homes and laying waste the country as it went. An
insurrection is "A rising against civil or political authority;
the open and active opposition of a number of persons to
the execution of law in a city or state."

Johnson county citizens were doing none of these things
unless the invaders were acting under orders of the execu
tive when they marched north to murder and burn.

Another passage in the telegram strikes the informed
reader as peculiar "the continued presence of the military
company (Co. C, N.G.) is required in Buffalo for the pur
pose of protecting life and property therein." There is no
record of Company C having been called out to active duty
by the governor until after the sending of the telegram to
the president. The truth is believed to be that they were not
so ordered out. The captain of the company being a white
cap, and fearing lest some of the guns of the company might
be pressed into service for use against his friends at the TA
ranch, ordered and kept a squad of the men at the court
house day and night to "watch the guns." The company
did no guard duty, as a company, in the town during the
siege, and the above executive utterance was entirely super
fluous. But it served his purpose, deceived the general govern
ment officials and saved his friends.

Wednesday morning, after the surrender, Major Martin

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THE BANDITTI OF THE PLAINS

received orders from the government to call out Company
C and report to the mayor of the town but the invaders
were safe in the hands of Colonel Van Horn before the com
pany members were so called. It is known, also, that the
captain of Company C was called on by Sheriff Angus, Sun
day afternoon, when the first news of the invasion reached
the town, and that he refused to obey the sheriff s orders and
call out the company to defend the lives and property of his
fellow citizens against the approaching enemy. He was ready,
however, to act promptly when his friends were in danger.
On the i3th of April, Governor Barber telegraphed Gen
eral Brooke for an escort, to which the following is an answer :

Omaha, Neb., April 13.
Governor Barber;

Your dispatch received. The commanding officer at Fort Me-
Kinney reports the surrender to him of Major Wolcott and 45
men, with horses, arms and ammunition, who are being held
as prisoners at the post. Under the circumstances I can send a
troop of cavalry and transportation for your party to Gillette,
or I can send the Wolcott party to Douglas or Gillette, as you
may direct. Please advise me of your wishes early.

JOHN R. BROOKE,
Brigadier General Commanding.

The governor changed his mind and replied to the above
as follows:

Cheyenne, April 13, 1892, 10 p.m.
General John R. Brooke, Commander Department
of the Platte, Omaha, Neb.:

Answering your telegram of this evening, owing to the pres
ent excitement existing in Johnson couaty, it seems best that

OFFICIAL CORRESPONDENCE

you should send the Wolcott party with suitable escort to Doug
las. I thank you for your kind offer to supply me with trans
portation and escort from Gillette to Buffalo, but the occasion for
this trip at this time is so likely to be entirely dissipated that I
will probably not go. Please advise me of your action regarding
the Wolcott party.

AMOS W. BARBER,
Acting Governor.

Colonel Van Horn having refused to turn over the pris
oners to the civil authorities of Johnson county, Sheriff
Angus sent the following telegram:

Buffalo, Wyo., April 14, 1892.
Amos W. Barber, Cheyenne, Wyo.:

Make a request on General Brooke to have the commanding
officer at Fort McKinney to surrender the 44 men, now held by
him as prisoners, to the civil authorities for trial under the charge
of murder. Warrants have been issued for the above men.

W. G. ANGUS,
Sheriff of Johnson County.

C. H. Parmalee, the white cap sympathizer, learning of
Angus request, sent the following protest:

Buffalo, Wyo., April 14.
Amos W. Barber, Governor:

The sheriff made a demand this morning upon Colonel Van
Horn for prisoners. He will hold them until his orders are re
ceived from the president. If prisoners should be placed in coun
ty jail at Buffalo, I fear it would not be entirely safe for the
peace of the town just at present.

C. H. PARMALEE,
Captain and Aide-de-Camp.

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THE BANDITTI OF THE PLAINS

To this the governor replied:

Cheyenne, Wyo., April 15.
W. G. Angus, Sheriff of Johnson County, Buffalo, Wyo.:

Answering your telegram of yesterday, the military author
ities will at the proper time be requested to deliver to the civil
authorities the men now held at Fort McKinney. They will not
be delivered until order and quietude in Johnson county are so
fully restored as to convince me that no further violence will
be offered them and that the civil authorities of that county are
entirely willing and able to give them the protection which the
law requires to be given to all prisoners. An immediate request
for their delivery will not be made.

AMOS W. BARBER,
Acting Governor.

Meanwhile, to make doubly sure the retention of the
men by Colonel Van Hbrn, the following dispatches were
forwarded:

Cheyenne, Wyo., April 15.
Colonel Van Horn, Commander, Fort McKinney, Wyo.:

I request that you obtain the custody of and take to Fort
McKinney and there give protection to the men belonging to
the invading party who were arrested before the surrender, and
who are now confined in the county jail at Buffalo. This is done
in order that all the men belonging to the invading party may
be certainly protected from any violence due to the present ex
citement in that vicinity. I made a similar request upon General
Brooke, and have directed Sheriff Angus to deliver the men
to you.

AMOS W. BARBER,
Acting Governor.

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OFFICIAL CORRESPONDENCE

Cheyenne, Wyo., April 15, 1892.
General John R* Brooke, Commander Department
of the Platte, Omaha, Neb.:

I have directed Sheriff Angus to deliver the men belonging
to the invading party, who are now in jail, to commanding of
ficer at Fort McKinney.

AMOS W. BARBER,
Acting Governor,

Cheyenne, Wyo., April 15, 1892.
W. G. Angus, Sheriff of Johnson County, Buffalo, Wyo.:

You are hereby requested to deliver at once to Colonel Van
Horn, commander at Fort McKinney, the men belonging to
the invading party, who were arrested by you before the sur
render and are now confined in the county jail at Buffalo. This
is done because the excitement and hostile demonstrations in
that vicinity require it.

AMOS W. BARBER,
Acting Governor,

Cheyenne, Wyo., April 15, 1892.
Colonel Van Horn, Commander Fort McKinney, Wyo.:

Angus, sheriff of Johnson county, asks that the men who
surrendered to you be delivered to the civil authorities of that
county. I have declined to make the request for the present for
the reason that there seems to be too much danger of the civil
authorities not being able to give the men adequate protection
against violence.

AMOS W. BARBER,
Acting Governor,

Cheyenne, Wyo., April 15, 1892.
Governor Barber, Cheyenne, Wyo.:

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THE BANDITTI OF THE PLAINS

I am assured by the telegraph company that my order of 9
p.m. of the i3th to Colonel Van Horn, reached him last night.
Under that order he will hold the Wolcott party until he gets
orders from me. The line from Douglas to McKinney ceased
working about 2:30 a.m. to-day.

JOHN R. BROOKE,
Brigadier General Commanding.

The fear that the culprits who had deliberately and in
cold blood killed two of their fellow citizens might be turned
over to the civil authorities where the crime had been com
mitted, so preyed upon the governor s mind that in order
to make assurance doubly sure, he wired the secretary of war
to instruct the commander at Fort McKinney to deliver the
prisoners at Cheyenne, nearly 400 miles distant, and at great
expense to the state. To this he received the following reply:

Washington, D. C., April 15, 5 p.m.
A. W. Barber, Governor of Wyoming:

Orders have been sent to General Brooke to deliver to you
as soon as he can do so, the captured party under Wolcott.

S. B. ELK.INS,
Secretary of War.

These several dispatches show very clearly where the
executive heart was, and to the unprejudiced mind explain,
in a measure, the lack of official action at an earlier stage of
invasion proceedings.

<>&i>3><S><i><&<t><S><S>3>&<>&^^

CHAPTER VIII

BUFFALO DURING THE TA SIEGE GREAT EXCITEMENT,
BUT ORDER PRESERVED BURIAL OF CHAMPION
AND RAY DEATH OF CORONER WATKINS

EN THE NEWS of the burning of the KG ranch reached
Buffalo on Sunday, the loth of April, and it was learned that
the invaders were on their way north with murderous intent,
a feeling of alarm and determination at once took possession
of the people. Robert Foote, the leading merchant of the
town, mounted his celebrated black horse and, with his long
white beard flying to the breeze, dashed up and down the
streets calling the citizens to arms. A gentleman present tells
of the picturesqueness of the scene as almost beyond de
scription. Riding up to the front of a store or residence, he
would call out the inmates and in terms as follows address
them:

"It is the duty of every citizen to protect and uphold the
laws of his country. Wyoming has been invaded. An armed
body of assassins has entered our own county and with bullet
and fire have destroyed the lives and property of our people.
This same murderous gang is now marching on our village

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BUFFALO DURING THE TA SIEGE

with the open threat to murder our citizens and destroy our
property. As men and fellow citizens, who love your homes,
your wives and your children, I call upon you to shoulder
your arms and come to the front to protect all that you hold
dear against this approaching foe. If you have no arms, come
to my store and get them free of charge. Our honor, col
lectively, your honor, individually, and the honor of your
common manhood demands immediate action. Fall in line."

The venerable appearance of Mr. Foote, the bold and fear
less utterances made in the presence of open and avowed
sympathizers of the white caps and friends of the people
alike had the desired effect. In less than one hour a hundred
brave men were under arms, ready to lay down their lives
in defense of their homes.

They were all sworn in as deputy sheriffs and systematic
ally organized, the city marshal co-operating with them in
every detail. Pickets were mounted and stationed well out on
all the approaches to the town, and order and discipline
everywhere established and maintained. The churches and
school houses were opened as quarters for the men, and the
good women volunteered their services as in the old colonial
days of our country. As flying couriers carried the news to
the country districts, the settlers came pouring in, each man
with his gun and pistol, and a look of determination on his
face that boded no good to the outlaws who dared invade
their homes.

Hundreds of men were spared to surround the cattlemen
at the TA ranch, 12 miles away, but the constant rumor, set
afloat by the white caps not in the fighting ranks of their
friends, that large reinforcements were on the way from the
north and the west, kept excitement running high in the

85

THE BANDITTI OF THE PLAINS

town and seemingly made it necessary to keep up an or
ganized force with which to meet any emergency.

Mr. Foote magnanimously and patriotically threw open
his store doors to the multitude and supplied every want of
the home guards and the besiegers at the TA. Guns, am
munition, blankets, warm clothing, slickers, flour, bacon,
tobacco, canned goods, etc., etc., went out in a constant flow
until thousands of dollars worth had gone to feed and make
comfortable the home defenders. The local community, and
the state at large, owes a debt of gratitude to this big-hearted
and brave old pioneer that it can never suitably repay; yet
he will always hold a warm place in the hearts of all honest
residents of the state. As the crime of the invasion will never
die, so Robert Foote s noble generosity will live always.

To add solemnity and deep seated feeling to the situa
tion during the days of the siege the people realized that the
dead and mutilated bodies of two of their fellow citizens
were being brought from the ill-fated KG ranch for a
Christian burial. With this burden of anxiety and trouble
upon them, the people obeyed the law maintained order
in the town and throughout the county, thereby demonstrat
ing in a most striking manner their loyalty to good citizen
ship. Sheriff Angus, the most thoroughly abused man in the
state, proved himself competent, honest and a man of the
people.

Two days after the surrender the burial of Champion and
Ray took place, as also that of Coroner Watkins, who had
died while engaged in holding an inquest over the remains
of the KC victims. A newspaper correspondent present
made the following mention:

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BURIAL OF CHAMPION AND RAY

The funeral of Champion and Ray was held at 2 p.m. in a
vacant store building on Main street. The room was full of ladies
and but few men could get in. The handsome coffins were beau
tifully and profusely decorated with flowers. Rev. W. J. Mc-
Cullom, a Baptist, read from the scriptures and then offered
prayer, in which he said: "We thank Thee, O, God, that there
are those who have stood by the law. We pray that the law may
be strengthened; that if we cannot get justice here, then in the
other world."

Rev. Rader then delivered a few brief remarks. He said:
"These men have been sent to eternity. We know not why. They
were not criminals. They were of Christian parents. Ray leaves
five brothers and three sisters. His parents could not be notified,
as the wires were cut. But the same honors have been paid as if
they were here."

Many were in tears. Those who had not already viewed the
remains were allowed to. A strange sight it was, too. The black
and charred trunk of Ray s, with a floral surrounding. The
procession then moved up the main street and out to the ceme
tery. The hearse was preceded by Revs. Rader and McCullom.
Then came carriages, wagons, footmen and last, 150 mounted
men, three ladies and two cowboys. There were probably 500
in all. An eight-minute short service was made at the grave
by Rev. Rader.

This outpouring of the people to participate in the last
sad rites to the departed showed clearly that the masses were
arrayed solidly against the law-breakers and assassins, what
ever the executive and his coterie of supporters might repre
sent to the president of the United States and his chief ad
visers. They were not upholders of insurrection, but pro
testors against the operations o the banditti.

THE BANDITTI OF THE PLAINS

After the funerals the country people generally went
home, feeling that they had done their duty and that the
backbone of the invasion had been broken, notwithstanding
the continued threats of another attempt on the part of the
captured cattlemen. They were all ready to "come again,"

Nate D. Champion, filled at the KC ranch

however, should the necessity arise, and did not hesitate to
say so in very plain English and in the presence of the non-
fighting white caps, who were acting as spies.

No greater proof of the loyalty of Johnson county people,
or the "rustlers" of the northern counties, could be given
than the following incident:

After Governor Barber had ordered R. M. Allen, who
was in the jail at Buffalo, turned over to the military author-

BURIAL OF CHAMPION AND RAY

ities and after receipt of an order from the secretary of war
to the same effect, Colonel Van Horn telephoned to Sheriff
Angus to know if one troop of cavalry would be sufficient
to send over for Allen, or whether he had better send three
troops. The sheriff replied : "If you send one or three troops,

Ray, filled at the KC ranch

the chances are that there will be trouble. But if you want
your man, detail one soldier."

Accordingly a sergeant was sent in an open wagon, with
a driver. When he drove up in front of the court house there
were 200 armed men in line on either side of the walk lead
ing from the street to the court house doon The sheriff met
the sergeant at the sidewalk, the men fell back, leaving a five-
foot open way to the door, through which the sheriff and

THE BANDITTI OF THE PLAINS

detail walked, and entering the house, went directly to the
jail door. Allen was brought out, the soldier signed a receipt
for him, and the three went to the east door. When Allen
saw the multitude o armed men he hesitated and preferred
returning to the jail, but the soldier, taking courage from the
coolness of the sheriff, ordered and fairly dragged him
through the lines to the wagon* No one interfered, or sug
gested interference, and the city marshall mounting behind
the seat occupied by the soldier and the prisoner, they were
driven rapidly to Fort McKinney, three miles away.

Knowing that this man had actively participated in the
murder of two of their fellow citizens, whose burned and
mutilated remains they were then preparing for burial, and
believing that his delivery to the military meant his dis
charge without trial for the crime committed, the spectacle
of 200 well armed men standing by and making no protest
is a demonstration of the highest type of manhood and a
manifestation of supreme respect for the forms of law such
as has never before been shown on the frontier, or any
where else in this broad land. And yet these same men have
been called outlaws and a price placed upon their heads by
the cattle barons.

90

<><0<><xx>^^

CHAPTER IX

THE PRISONERS ORDERED TO CHEYENNE THE MARCH
FROM FORT McKINNEY TO FORT FETTERMAN
TRIPLE PROSTITUTION OF THE CIVIL TO THE MIL
ITARY AUTHORITIES

k ^| OT SATISFIED with overriding the civil by the military
powers of government in calling upon the president to order
Colonel Van Horn and his troops to disband the sheriffs
posse while endeavoring to arrest a mob of men who had
committed murder and arson in the county, Acting Gov
ernor Barber again prostituted the civil to the military forces
by seeking governmental power to prevent Sheriff Angus
from performing his official duty in the serving of regularly
issued warrants for the arrest of these same known criminals.
They were held five days after their surrender within three
miles of the county seat of Johnson county; yet the sheriff,
by the strong military arm of the general government and
the order of the state executive, was not permitted to serve
his warrants. Again, having arrested and lodged in jail some
of the participants in the double murder and arson, the sher
iff was ordered by the governor to unlock the iron doors of
the prison and turn over the culprits to the military, thus

THE BANDITTI OF THE PLAINS

completing a triple prostitution o the civil authorities to
military rule.

This is the first time in the history o the United States
when, by action of the state executive, the military has been
called upon to prevent a peace officer from the discharge of
his duty in the execution of the law. It has been reserved for
Wyoming s acting governor to bring disgrace and shame
upon the state by violating the universal law of common
wealths which demands that he duly enforce the statutes.

Conformably to orders from the War Department and
by request of the governor,, three troops of cavalry left Fort
McKinney on the morning of April i8th in charge of the
captured cattlemen, headed for Fort Fetterman. The weather
was cold and stormy, but the trip was made without serious
mishap. The story had been freely circulated that the "rus
tlers" would attempt to ambush the prisoners on the road,
but this, like many other wild rumors floating among the
people, was the work of white cap sympathizers, put in mo
tion to create public sentiment in favor of the returning
horde, and thus lessen the hopes of conviction for the crimes
committed.

At Fetterman they were met by a detachment of soldiers
from Fort D. A. Russell, who took the prisoners in charge
and escorted them by rail to Cheyenne, where they were
quartered for 60 days at the fort, presumably under military
guard. Instead, however, of being confined to their quarters,
as other men charged with murder are confined, they were
given a very loose rein. The cattlemen spent much of their
time in Cheyenne, those having families sleeping at their
homes, or in the houses of their friends. The hired Texans

92

PROSTITUTION OF CIVIL TO MJXJTARY AUTHORITIES

had the run of the town at night, very often, and pande
monium reigned in the West end.

Major Wolcott, the commander of the invaders, was re
leased on parole, and made a trip to Omaha and Chicago
for the purpose of consulting (the press dispatches said)
United States Senator Manderson and other influential per
sons as to the proper course to take in securing release from
the difficulties into which he had led his friends. State Sen
ator John N. Tisdale, another leader of the mob, and others
of the gang, were paroled and went to Denver to attend the
Masonic Conclave and enjoy themselves. How many others
had leave of absence is not known, but it was understood
that permits were to be had for the asking.

On the way from the north, and after their arrival in
Cheyenne, the mob did not hesitate to publicly declare that
they would soon get out of their present trouble, and then
they would go back to Johnson county in force and "clean
the rascals out." This kind o talk was so common, and cer
tain Republican papers, like the Sun and Tribune, of Chey
enne, echoed and cheered these sentiments to such an extent
that the residents of the northern counties lived for months
in anticipation of a second raid upon their homes and
property.

93

CHAPTER X

THE KIDNAPPING OF THE TRAPPERS JONES AND WALK
EREYE-WITNESSES OF THE MURDER OF CHAM
PION AND RAY

BELIEVING that Benjamin Jones and Wm. W. Walker
were the only witnesses of the killing of Champion and Ray
and the burning of Nolan s KG ranch house, prudence dic
tated the removal of these men from the reach of the prose
cuting citizens, and the supreme importance of the work
demanded that the conditions of the removal be made liberal
and surrounded by no pledges as to the methods to be em
ployed. The injunction was simply: "Get rid of the lying
bastards, who would swear our lives away." Accordingly,
F. H. Harvey, a lawyer of Douglas, Wyoming, and O. P.
Witt, a livery stable keeper of the same place, were em
ployed by the cattlemen, who were backing the invaders, to
relieve the country of the presence of these two men at
any cost.

Jones and Walker were the two men who had stayed all
night at the KC, April 8th, and who had been captured by
the mob on the morning of the pth, as detailed in a former
chapter. After the burning of the house and the shooting

94

KIDNAPPING OP JONES AND WALKER

of Champion, the two men had been released with the in
junction to go south and keep marching, but to hold their
tongues as to what they had seen and heard, if they expected
to live long and be happy. They came south, reaching Casper
after some days. Finding that public sentiment was wholly
against the murderers, they told the story of the cowardly
attack and brutal murders of April 9th, substantially as re
lated in these pages. This "Trappers story/* finding its way
to the ears of the white caps, opened their eyes to die neces
sity of getting rid of the witnesses and caused the employ
ment of the kidnapers above mentioned.

The details of the spiriting away of these important wit
nesses has been told by the deputy sheriff of Converse county,
who was on the ground and familiar with all the facts. His
statement is therefore given here in full and believed to be
in strict conformity to the facts. There is ample corroborating
testimony, however, so that the case does not rest on Colonel
Kimball s evidence, which is as follows:

As is well known, two trappers, Ben Jones and Wm. W.
Walker, witnessed the brutal murders of Champion and Ray.
After the killing and burning Wolcott released them and told
them to "go south and keep going-" They went to Casper. As is
well known. Governor Barber refused to deliver the murderers
to the proper authorities of Johnson county, but kept them at
Fort Russell under military protection, evidently with the in
tention of turning them loose without trial or punishment. As
Sheriff Angus could not arrest them, of course no subpoenaes
could be issued for or served on said witnesses, as they could
not be cited to appear at any particular time or place to testify.
Consequently, said witnesses were free to go when and where
they pleased.

95

THE BANDITTI OF THE PLAINS

Sheriff Campbell was absent at Washington, and Under Sher
iff Kimball, the writer hereof, caught on to the fact that the
cattlemen were about to attempt to get said witnesses out of the
way, even if they had to kill them, and we wrote both Sheriff
Angus of Johnson county and Sheriff Rice of Natrona county
to be on their guard. The latter began to investigate, and learned
that a citizen of Casper had been offered $200 in cash to get
Jones and Walker out of town anywhere so that the stockmen
could get hold of them. Sheriff Rice informed Jones and Walker
of their danger, and they were badly frightened. Casper has no
jail or place of safety where they could stay, so Sheriff Rice wired
Sheriff Angus of the danger and advised him to take them to
Buffalo. At 2:35 p.m. of May 20th we received the following
dispatch:

"Buffalo, Wyo., May 20
"To E. H. Kimball, Douglas, Wyo.:

"There are two witnesses at Casper in danger of white caps.
Have them brought to Douglas and keep safe, and present bill
to county. Will write you particulars.

"W. G. ANGUS."

By some means F. H. Harvey knew the contents of that
dispatch before we did, and when we took the train for Casper,
two hours later, he went along. We went to Casper and saw
Sheriff Rice. We went to the witnesses and showed them the
dispatch. We told them frankly that they were not prisoners;
that we had neither subpoena or warrant for them, and that
they did not have to come to Douglas unless they wanted to.
They seemed anxious to come. In consultation with Sheriff Rice
it was agreed that they should come here, be given arms to de
fend themselves, and be allowed to sleep in the sheriff s office in

EYE-WITNESSES OF MUKDER

the front part of the jail until such time as Sheriff Angus should
come or send for them.

The next morning we purchased tickets for them and took
them to Douglas in the express car on the regular train. Harvey
was also in the passenger coach. At Glenrock, Senator Carey s
pet "stock inspector," Higley, took the train and walked into the
express car. We cautioned the men to look out for him. He went
out, but soon came back and attempted to speak to Jones. Mes
senger Bennett told him to get out of the car and stay out, and
he went. We then became satisfied that Harvey had been em
ployed by the stockmen to either have the witnesses killed or run
out of the country, and told them so. Arriving here we gave
them rooms in the sheriffs office and each a six-shooter to de
fend himself. We cautioned them to be careful who they talked
to, and under no circumstances to go upon the streets after
dark. But Harvey or some of his gang managed to interview
Walker during the daytime and got him in a notion of leaving.
He told the old man Jones about it, but the latter objected. He
wanted to go to Johnson county to testify against the murderers.
One night we had to go to Inez and Glenrock on official business.
We left a man to sleep in the office with Walker and Jones, not to
guard them, but to protect them in case they were attacked. That
evening O. P. Witt got Walker, the young man, to take a drink of
whisky. That settled it. Walker soon got pretty full, and when
night came he refused to go to bed. As he could not be per
suaded, Jones said he would walk him back and forth in front
of the office and sober him up.

Now, here is Jones story as told us in Lawyer Fisher s office,
in Chadron, in the presence of four other witnesses: He said that
they walked about until near midnight. Mr. Walker insisted
upon leaving. He (Jones) objected. Walker said Harvey and
Witt had offered each a horse and saddle and $1,000 if they

97

THE BANDITTI OF THE PLAINS

would leave the country and not testify against the cattlemen,
and he was in favor of going. Harvey and Witt came along and
took them over to old man Morton s place to talk it over. There
they met altogether some eight or ten men, who insisted upon
their going. The names of most of them are known and will be
given during the coming political campaign. Some of them live
here in Douglas. Jones said that they parleyed there for an hour.
The gang finally offered them each a horse and saddle and
$2,700 cash when they got east of Grand Island, Nebraska.
Jones wanted the money then. He told them that he thought
that they were just trying to get them out in the country to kill
them, and that he would not go with such a gang. He finally
told them that there were no charges against him; that he could
go when and where he pleased; and that if they would give
him a horse and $500 then and there he would leave the country
all alone and they had leave to kill him if he ever returned to
testify against the Wolcott gang. They refused to do that. One
of the gang then told him that he and Walker had got to leave
or they would kill them right then and there. Jones said that
he would go, provided only one man went along with them,
and it was then arranged that Witt should accompany them to
Harrison, Neb. Harvey was to take the train and meet them
there that evening, and the four would go together to Grand
Island, where they were to be paid $2,700 each and given tickets
to New Mexico, Jones said it was intended by the gang that it
would leave here early in the evening, but it was about i o clock
in the morning when three saddled horses were brought out of
Morton s stable and he was told to mount a blue roan* Jones
said he weakened when he saw the murderous looking gang
standing about, and he flady refused to go, and said he was
going to the sheriffs office and go to bed. Instantly guns were
drawn and one of the stockmen said: "Get on to that horse, you
s of a b or I will kill you I We ve stood enough of your d d

EYE-WITNESSES OF MURDER

foolishness*" Jones said he thought it meant death anyway, so
he mounted the old man Morton s black horse that had been
loaned to the gang for the occasion. Walker mounted a red roan
and Witt the blue roan, and the three pulled out through a back
alley and struck east at a rattling pace.

Jones says they rode upon a keen gallop for perhaps 2,0 miles,
when Witt suddenly stopped and dismounted. He took a lariat
from his saddle, threw it over the telegraph wire and pulled it
down. He took a pair of wire-cutters from his pocket and cut
the wire. Following along to the next post he cut the wire again
as high as he could reach. Taking one end of the wire he mounted
his horse and dragged the detached piece a long distance and
dropped it in the sagebrush. He says that when they left the
sheriff s office at dark they each put a revolver in their pocket,
but with no intention of stealing them. Witt did not know that
they were armed. After riding several miles after cutting the
wire Witt suddenly stopped and said he was lost. Jones said the
road was perfectly plain, but Witt insisted that he did not know
which way they were going. Witt told them to remain where
they were, and he rode off a few rods and commenced lighting
matches, one after another. They could see the tops of trees
near by. Jones whispered to Walker that Witt was giving a sig
nal and that assassins were probably concealed near there to
kill them. Drawing their revolvers, they rode up to Witt and
demanded to know what he was doing. He said he was lost and
was lighting matches to look at his compass. They knew he had
no compass and ordered him to get back into the road. Jones
took the lead, Walker following Witt. Jones had the best horse,
and he says that from that time until daylight they only hit the
high places in the road. They stopped at a ranch to get something
to eat, and the lady asked them if they met any strangers going
west during the night, stating that about a dozen armed horse
men went past there just before dark. Jones says he is positive

99

THE BANDITTI OF THE PLAINS

that it was the intention of the stockmen to have them mur
dered there where Witt gave the signal, and that their leaving
Douglas late in the night was all that saved them.

When near the Node ranch Witt s horse gave out. He told
them to ride on to Harrison. They asked what they should do
with the horses. Witt told them to ride into a gulch a mile or
so from town, hide the saddles and shoot the horses* After leav
ing Witt they consulted what best to do. They had but 50 cents
between them. Jones wanted to strike across the country. Walker
insisted on going to Harrison and taking the train. When near
Harrison they hid their saddles and turned their horses loose,
but did not shoot them. When they boarded the train at Har
rison they were paralyzed with fright to see that Harvey and
Witt had a gang of six or seven with them that had got on the
train somewhere along the line. They ordered them to take a
seat among them in the rear end of the rear car. Jones did not
know them, but is sure that they were the gang that intended to
kill them the night before. Jones said he expected to be taken
from the train and killed at some station, or killed and thrown
from the train while it was in motion. It has since been learned
that Bill McCann, a miner at Glenrock, Gibson, Wellman, who
was since killed in Johnson county, and probably Craig, were
among the gang on the train assisting Harvey. Jones says when
they arrived at Crawford it was very dark, and before the train
fairly stopped McCann and others rushed Walker out of the
front end of the car, and Harvey, Witt and one or two others
grabbed him and jumped from the rear platform. He did not
know where they were, or that they were near a station, and
thought they were going to kill him then and there. He drew
his gun and told them to stand back or he would shoot. The
cowards were afraid to seize him and were trying to reason
with him. Marshal Morrison was on hand to arrest Jones and
Walker in obedience to a telegram from here. He did not know

100

EYE-WITNESSES OF MURDER

them, but the gun play and loud talk at the rear end of the train
attracted his attention. He demanded to know what the trouble
was about. "They are trying to kill me!" yelled Jones. "No, we
are not," replied Harvey; "this old man is crazy and we are
taking him east to an asylum. I wish you would help us take
him over to the B. & M. train." "It s a lie! I m not crazy 1" cried
the poor old man; "they are trying to kill me." Just then Witt
chirped in: "This man is my uncle and we are taking him to
his home in the East. Come, uncle," said he, turning to Jones,
"don t act that way; please don t, uncle." "I m not your uncle!"
protested Jones. "Give me that gun," said Morrison. "Who are
you?" said the poor man. "I m the city marshal here," he
replied. "Then, I demand your protection," said Jones; "I am
a witness against the men who killed Champion and Ray up in
Johnson county and these are cattlemen who are trying to kill
me to keep me from testifying against them. They have just
killed my partner back there." Instantly the marshal and an
assistant put the handcuffs on Jones and Witt and started for
the jail. On the way Jones described his partner, whom he sup
posed had just been killed. The marshal sent Jim Haguewood
over to the B. & M. depot, where he nabbed Walker. McCann
had just bought two tickets for Grand Island, and he and Walker
were about to board the train. Walker was taken up and jailed.
Witt and the two witnesses left Douglas about i o clock
Thursday morning. We returned from Glenrock about i in the
afternoon, and at once set about to discover what had become
of them. We had no legal process for holding or detaining them,
and we could not have stopped them had they taken the train
in broad daylight, but we were afraid they had been killed. We
soon learned that Witt had bought and paid cash for two horses
the night before, and that he was also missing. We sent a man
to interview his partner, Morton, and his answers were so
evasive and misleading as to confirm suspicions. We also learned

101

THE BANDITTI OF THE PLAINS

the telegraph wire had been cut near Lost Springs. We then
knew well enough that Witt had been paid to run them out of
the country, but we had no legal right to stop them. On going
to the sheriff s office a little later we discovered that they had
taken two revolvers, so we procured warrants and wired Marshal
Morrison to arrest them at Crawford, rightly surmising that they
would ride east and take the train. That night we got a dis
patch from Marshal Morrison that he had them.

The next day we took the train for Crawford, where we ar
rived a few minutes after a special train had taken Morrison and
his prisoners to Chadron on a writ of habeas corpus.

County Judge Ballard, after hearing the habeas corpus
case, released the prisoners. Deputy United States Marshal
Hepfinger had been brought up from Omaha and, armed
with a warrant for the arrest of Jones and Walker on the
charge of selling liquor to Indians; the moment the word
"released" escaped the lips of the judge he pounced upon the
men like a beast of prey, handcuffed them together and
rushed them off to a special train, standing at the depot, and
in a moment they were moving rapidly for Omaha. Attor
ney Harvey had secured the warrants from United States
Commissioner Darrington on complaint of Witt. Sheriff
Dahlman also had warrants for the arrest of the trappers,
issued on complaint of Deputy Sheriff Kimball, charging
the theft of two pistols, the object being to get the witnesses
back into Wyoming and hold them to testify in the cattle
men s cases. Harvey and Witt took the special train for
Omaha.

The last chapter in the shameful drama is told in a press
dispatch from Omaha, which is here reproduced:

102

EYE-WITNESSES OF MURDER

Three bedraggled, unkempt and altogether rough looking
men, two of them handcuffed together, and all of them with
terror depicted on every feature, huddled in a bunch at the
heels of Deputy United States Marshal Hepfinger about 5:30
o clock last evening as he entered the private office of Marshal
Slaughter in the Federal building.

Little attention had been attracted by the party as it moved
hurriedly down the long corridor, for the reason that at the
hour there were few to notice them. One was Witt, the livery
man, and the two handcuffed together were Jones and Walker.
The bracelets were removed as soon as they were safely in the
marshal s office and the doors were closed behind them.

Each man carried a heavy, yellow oilskin coat, and none of
the prisoners gave evidence of having enjoyed a moment s rest
or peace of mind in many a day. They were gaunt and hollow-
eyed, and glanced suspiciously at every one and into every
corner.

Their arrival disturbed the siesta of United States Judge
Dundy, who, although it was long past his usual time of leav
ing the building had stretched himself on the lounge in Marshal
Slaughter s office, as if he had an appointment and fully meant
to keep it.

When the prisoners entered the judge slipped across the cor
ridor into his own private office and was closeted with Attorney
Frank Ransom, who had likewise been haunting the building
for some time, apparently in search of a friend who came not.

Two other attorneys, comparative strangers in town, but
who were afterward identified as F. H. Harvey, of Douglas,
and H. Donzlcman, of Cheyenne, were also flitting about from
one office to another and in a very few minutes the entire party,
with Prosecuting Attorney Baker, assembled in the office of the
District Court and the prisoners were arraigned on the charge
of selling liquor to the Indians.

103

THE BANDITTI OF THE PLAINS

They waived examination and their bond was fixed at $200
each, for which their personal recognizance was accepted. An
other adjournment to the office of the marshal followed in order
that the men might gather up their belongings, and they then
left the building piloted by Attorney Donzleman and Deputy
Hepfinger. Marshal Slaughter professed ignorance as to their
destination, saying he supposed they were going to supper and
that they had also asked where they could get new suits of
clothes.

He insisted that he knew nothing about the case, except
what he had read in the newspapers, and he did not even know
that Deputy Hepfinger was in Chadron until that morning when
he received a telegram from him stating that the deputy had ar
rested his men and would be in that night. They had been
arraigned and released on bail, and further than that he was
ignorant as a dove.

Deputy Hepfinger could not find time to say a word and
Deputy Jackson was but little different. He simply admitted
that he was in Crawford Friday and saw the men arrested. He
had just sort of happened around to help Hepfinger bring
them in, but neither deputy had gone out on that particular
business. The marshal "supposed" that Hepfinger had merely
been following orders in the way of serving warrants issued
by the United States commissioner in whatever part of the state
he might happen to be.

The last move in the game was made late to-night (Tuesday).

Attorneys Donzleman and Ransom were busy until 8:30
o clock filling obscure corners in the rotunda of the Millard, and
when a reporter approached the former shortly after that time
the bewhiskered lawyer insisted that the whole trouble up in
the cattle country had been exaggerated.

But he could not stop to talk. He was going out of the city
and would be back in a couple of days, when he would write a

104

EYE-WITNESSES OF MURDER

book and do several other things. Right now, however, he must
catch his train, so good-bye.

He dodged around a little and finally entered a closed car
riage waiting at the door. It was not a street hack, but a carriage
ordered from the stable for the occasion, and away Mr. Donzle-
man went.

A few minutes afterward the same carriage dashed around a
corner some blocks away and there were four inside and an
other on the seat with the driver. Inside were Mr. Donzleman
and the erstwhile prisoners, Jones, Walker and Witt, and the
passenger on the box was the busy Mr. Hepfinger.

They drove straight to the United States marshal s office,
which the deputy entered, and after a short wait he resumed
his place, and then began the long, rapid drive to West Side
station, where the Missouri Pacific night express was boarded
and the fugitives were whirled away to the southward.

It would, perhaps, be unjust to accuse Judge Dundy of
knowingly aiding a conspiracy to defeat the ends of justice
in kidnaping witnesses from a distant state, but the honest
reader cannot escape the conviction that the United States
marshal s office was in criminal collusion with the conspir
ators. The cattlemen s attorney, Donzleman, was in Omaha,
in consultation with the marshal. A deputy had been sent
to Chadron to serve false papers; that is, warrants issued on
a false charge; the attorney and the marshal, having tele
graphic information that the witnesses had been arrested and
were on a special train, hung about the office awaiting their
arrival; the marshal or the attorney, or both, asked Judge
Dundy to remain in the office after court hours to hear an
important case, and when the prisoners arrived all things
were in readiness to at once proceed to business, hear the

105

THE BANDITTI OF THE PLAINS

case and turn the accused loose. Did they have their liberty?
Attorney Donzleman and Deputy Marshal Hepfinger took
them in charge and the deputy stayed with them until they
were placed on the train and sent out of the country. The
stop at the marshal s office while on the way to the train
further implicates that officer, and the public will always
hold him as a party to the damnable job.

1 06

<><><><x^c>e<><<^^

CHAPTER XI

MARTIAL LAW THREATENED PETITION OF THE IN
VADERS TO ACTING GOVERNOR BARBER PRESI
DENT HARRISON ISSUES A THREATENING MES
SAGE TO WYOMING CITIZENS COLORED TROOPS
QUARTERED IN THE NORTH

HEN THE CAPTUKED CATTLEMEN got warmed up in their
quarters at Fort Russell and had an opportunity to read the
newspapers of this state and from the great outside world,
they discovered that public sentiment was universally
against them, save where the papers had been unduly in
fluenced, either by money or some other power. Accord
ingly the threats of another raid became less violent and the
brains of the baffled "cattle kings" commenced to work on
other lines. The first brilliant thought that seemed to be
meaty was martial law in the northern counties. This would
mean the disarmament of the people of three or four coun
ties and the placing of all the machinery of the law into the
hands of the friends of the cattlemen to be specially run in
their interests. It would really mean the barring out of all
new settlers, and the driving out of many already located,
through the oppression always following the enforcement
of martial law and the overthrow of the civil authorities.

107

THE BANDITTI OF THE PLAINS

Impressed with the importance of this idea and still cling
ing to the belief that the stockmen could control the politics
and state policy as of old, the following petition was pre
sented during the summer of 1892:

PETITION FOR MARTIAL LAW
To His Excellency, the Governor, Cheyenne, Wyoming:

Sir The undersigned respectfully represent that they are
the owners of and are interested in, cattle and horses, located
and ranging in the county of Johnson, in the state of Wyoming,
and in the territory adjacent to said county; that they are citi
zens of the state of Wyoming and of other states in the Union,
and as such are entitled to the equal protection of the law, and
to the protection of their property against theft and depredations,
and that the county of Johnson and the territory adjacent there
to, is chiefly composed of unclosed lands, especially adapted to
grazing, and the livestock of your petitioners and others rang
ing thereon, is worth several millions of dollars.

And your petitioners further represent that for several years
the stealing and misbranding of livestock in the vicinity named
has been of frequent occurrence, and has been rapidly growing
more prevalent, and that stock thieves continually ride the range
and place their brands upon the unbranded calves of other own
ers and change and alter the brands upon the branded livestock
of others, thereby destroying all means of identifying the true
ownership thereof. These stock thieves have, during the past
year, greatly intimidated and threatened other residents in that
vicinity, and have suppressed, by threatening violence, almost all
opposition to their unlawful calling and occupation. Their in
fluence, by reason of their numbers, and by their methods of
intimidation, has become so great of recent years as to reach
the jury box and almost effectually prevent the conviction of
any person charged with stock stealing. As one evidence of this

1 08

PETITION FOR MARTIAL LAW

the records of the District Court in Johnson county for the five

years last past, show that over indictments have been found

against different persons charged with the stealing of livestock,
and that of this number there have been less than 10 convictions.
These acquittals have been so flagrant and so contrary to the
evidence that the judges have deplored existing conditions and
have declared it almost a useless effort and expense to try any
person charged with the stealing of livestock.

These thieves have grown so bold and so open in their sup
port and defense of stealing that they have notified persons who
differ with them to leave the country, and have in many in
stances enforced their threats by acts of violence, and they further
threaten to assassinate those who have fled if they return.

In March, 1892, these thieves, together with others whom
they had intimidated, met together at Buffalo and organized and
arranged for round-ups in violation of law, and were endeavoring
to execute the same when certain owners of livestock in that vi
cinity obtained from the United States Circuit Court for the
district of Wyoming an injunction order restraining and en
joining the carrying on of these round-ups. The United States
marshal and his deputies who went to the vicinity to serve the
order of injunction were grossly mistreated and embarrassed in
the service of the process of the court, and found it unsafe to
remain there. One of the deputy marshals, George Wellman, a
courageous and honest man, was foully assassinated without
cause or provocation, on a public highroad in that county while
going to Buffalo to receive instructions from the United States
marshal relating to the service of his injunction order.

Your petitioners and others intending to enter upon and
carry on the round-up arranged for by law, sent trusted and
honest employes to attend to the same, and these men were
threatened with violence by the thieves and were compelled to
leave the county to avoid death or other violence to their persons.

109

THE BANDITTI OF THE PLAINS

During the last two months the number of stock thieves in that
vicinity has been greatly augmented by the arrival o other men
o the same character from other parts of the country, and there
now exists in that country an organized plan of driving the
stockmen out, so that their property may become common prop
erty for the thieves; cattle are being wantonly and openly slaught
ered in that section by thieves, some of the slaughtering being
done for no other purpose whatsoever than to gratify malicious
motives, and other slaughtering is being done to enable the
thieves to market the beef and obtain money therefor. The
ranches and homes of owners in that vicinity have many of them
been plundered, and the personal effects and furniture there
stolen or destroyed, and the occupants of the ranches have been
driven from the country by fear. Even women and children at
these ranches have received these threats of violence, and have
been compelled to seek places of safety* Letters in the United
States mails have been opened by these thieves, and there exists
a general and well-founded belief that letters and information
cannot be safely confided to the United States mails in that vicin
ity, and in several instances persons have been warned against
sending letters to their friends upon the outside (of the mail
sack), and have been notified not to go to the postoffice either
for the purpose of mailing letters or for the purpose of receiving
mail therefrom.

No effort of any kind whatever on behalf of the civil author
ities in that vicinity is being made to suppress this stealing, or
any of the acts of violence and intimidation, and in many in
stances the civil authorities are, by reason of natural inclination
or intimidation, working with the thieves and under their in
fluence. The sheriff of Johnson county openly declares his friend
ship for those who are known to be thieves, and declares his
enmity towards the owners of livestock. With his knowledge,
and without any opposition whatever from him, the county is

no

PETITION FOR MARTIAL LAW

patrolled by large numbers of armed thieves who are permitted
to go about heavily armed and prepared at any moment to exe
cute their threat against those who are not in accord with them*

In conclusion, your petitioners represent unto your excellency
that there exists in the district named an armed combination to
prevent the administration o law and justice; that neither life
nor property is in any respect safe, and does not and cannot re
ceive protection at the hands of the civil authorities. The country
named is in a feverish state of excitement and under a complete
reign of terror, and both persons and property are wholly at
the mercy of the outlaws and thieves who infest that section.

We therefore, pray your excellency will place the district
named under martial law, for the reason that it is the one remedy
for the existing evils, and it is the only way of protecting the
lives and property of the people there.

Respectfully submitted,

(SIGNED)
Trustees of Pratt & Ferris Cattle Company, by J. A. Pratt,

Manager.
Clay & Forest.
Henry A. Blair.
Wm. A. Paxton.
Windsor, Kemp & Co.
E. S. Rouse Boughton.
John N. Tisdale.
Fred G. Hesse.
A. R. Powers.
Henry G. Hay.

Manhattan Cattle Company, by H. G. Hay, President.
Ogallala Land & Cattle Company, by W. C. Irvine, Manager.
Clark & Hunton.
A. B. Clarke & Co.
Conrad & Clark.

ill

THE BANDITTI OF THE PLAINS

Murphy Cattle Company.

E. W. WhitcomK

The Western Union Beef Company, by Geo. W. Baxter,

Manager.
Jas, G. Pratt.
Bay State Live Stock Company, by H. H. Robinson,

Superintendent.

To the reader of these pages who has kept the run of
events as they have been detailed, the above can only be
viewed in the light of a tissue of false statements from be
ginning to end, and as a last dying effort to accomplish by
strategy what the signers of this petition, or their agents,
had failed to do in an open fight on the grassy plains of
Northern Wyoming.

Up to the time of the filing of this libelous petition no act
of violence had been perpetrated in Johnson county, or any
other northern county, save by the cattlemen themselves, or
their hired assassins. The threats, intimidation and murder
were all on the side of the cattlemen. True, George Wellman
had been killed, but the well-settled conviction then, and
now, rested and rests in the minds of the public that this un
fortunate young man was the victim, not of the settlers of
Johnson county, but of the cattlemen themselves. That the
murder of George Wellman was planned in Cheyenne and
the brutal outrage executed on orders from the Capital City
seems of easy demonstration to all fairminded men.

What are the facts? For years the stockmen had domi
nated the north its hills, valleys and plains were overrun
with their lowing herds. As time wore on, the hardy pioneer
came to dispute with them the occupancy of the rich lands
and to build homes where before were seen only the dashing

112

PETITION FOR MARTIAJ, LAW

cowboy and the long-horned steer. This was an innovation
not to be tolerated. A few cattle were stolen as is the case
in all communities but no act of violence was committed.
Exasperated at the situation and realizing that no serious
charges could be successfully preferred against the settlers
the series of cold-blooded murders heretofore mentioned in
these pages was perpetrated at the hands of the cattle barons.
Still no overt act was done by the settlers. Then the raid was
undertaken for the purpose of terrorizing the country. This
failed of its purpose, though 48 men crimsoned their hands
with the blood of their fellow citizens. Still no blood stains
were upon the hands of the settler. They rose up in their
honor and their might to defend their homes and their
lives against the swoop of the assassins, but they committed
no crime.

Baffled at every turn, what more natural to a band of men
who had done murder, arson and body burning, than to
order the death of one of their trusted aiders if, by so doing,
they believed that they could fasten the crime of assassina
tion upon the innocent settler and use the circumstance as
a lever to force the declaration of martial law in the country
they were trying to conquer ? With Wellman dead, and the
crime of this murder laid upon the settler, it was believed
that the governor could be induced to place Northern Wyo
ming virtually in the control of the then defeated cattlemen,
through the agency of the marshals who would supersede
the civil authorities in the event of martial law being pro
claimed. With martial law in force in Johnson, Converse,
Natrona and Weston counties, as was contemplated by the
above recorded petitioners, the defeat at TA ranch would be
turned into a great victory. To accomplish this by the loss of

"3

THE BANDITTI OF THE PLAINS

one of their friends would be, from their standpoint, gain
ing much for a little. They would not stop to consider the
matter in the light of the infamy that should attach to an
act of such base treachery, for would it not save many of
their own lives by accomplishing what it would require an
other raid into the county to as successfully do? And with
the aroused feeling everywhere prevalent was it not almost a
certainty that some one of the faithful would be called upon
to pay the final debt of nature? The chain of circumstances
is very damaging to the professed innocence of the cattle
men s ring.

Exactly what impression this document had upon the
mind of the acting governor will probably never be known to
the public. Neither will it be known just what action he took
in the premises, unless a thorough and far-reaching investi
gation is made by the legislature. But the suspicion is strong
in the minds of most well-informed persons that the subject
matter was laid before our United States senators and the
president, with a request that action be taken by the gen
eral government. This impression prevails by reason of the
subsequent action of the secretary of war in quartering
soldiers for months in two of the northern counties, a thing
unknown before in the history of the country during a time
of peace, and the issuing of a proclamation by President
Harrison calling upon the citizens of Wyoming to lay down
their arms and repair to their homes, or by implication, that
martial law would be declared within three days of that
official notice. This being done at a time when the invaders
were in the hands of the military at Fort Russell, and when
no armed body of men was to be found anywhere in the
state, save the soldiers at the two government posts, makes

114

PETITION FOR MARTIAL LAW

it difficult of explanation except on the theory that a copy
of the above quoted petition, setting up a false condition,
had been presented to the president, and his interposition
specially urged, either by the governor or the United States
senators at that time representing the state in Congress.

It is understood that the main object of Major Wolcott s
parole trip was to secure senatorial influence in urging the
president to declare martial law, and perhaps Senator Man-
derson and some others joined the Wyoming senators in
this outrageous demand.

The first fruits of the cry for martial law are made mani
fest in the following telegram:

Washington, June 6, 1892

Six troops of cavalry from Fort Robinson, Nebraska, are
ordered to march to Powder River, Wyoming. The two troops
of cavalry at Fort McKinney are directed to join them. Six troops
of cavalry from Fort Niobrara, Nebraska, are ordered to march
into Wyoming, going into camp at a point between old Fort
Fetterman and old Fort Casper.

These cavalry forces moved as directed, and remained
stationed in the sagebrush all summer, apparently as, a fore
runner of martial law. Common rumor had it that the regu
lators believed the presence of the troops would so incense
the settlers that some overt acts would be committed and
such serious trouble follow as to make martial law necessary,
or at least excusable. The northern press "caught on" to this
idea, and strongly urged upon the people to bear patiently
this humiliation and give no cause for further action by the
government. Such advice was hardly necessary, but there
was no disturbance at the camp on the Platte river.

"5

THE BANDITTI OF THE PLAINS

At the Powder river camp there was trouble, but it was
so plainly the result of viciousness on the part o the soldiers
that no action looking toward martial law could be taken
by the authorities. Two of the colored troops got into a row
with a depraved white man over a lewd woman at a bagnio
in the village of Suggs, a mile from the camp. The night
following, between 10 and n o clock, a squad of 44 colored
troops marched into the town and opened fire on a saloon
where a number of men were assembled, playing cards and
drinking. The attack was unprovoked and unexpected. The
citizens, however, rushed for their guns and pistols, and
charged the black soldiers, driving them out of town, killing
one and wounding five. It was claimed that some of the
friends of the white caps were in the soldiers* camp at the
time, and the responsibility was charged to them. No further
trouble occurred.

As confirmatory of the impressions that the sending of
troops into the state was the result of the misrepresentations
of the interested stockmen, and that they hoped it would
turn out to be a move in their favor, the following statement
of an officer stationed at Omaha, and made to an agent of
the Associated Press reporter on June nth, 1892, may be
quoted, as follows:

It is believed by the military authorities that the presence of
a large body of troops in the cattle districts will have a quieting
effect, and in case it becomes necessary to take active steps to
quell another outbreak, the troops will be dose to the scene of
the disturbance. The department is convinced that there are a
number of thieves of that region who are agitating this bitter
ness and are at the head of this lawlessness that has terrorized
portions of the state* These thieves will be watched very closely,

116

PRESIDENT HAKRISON S THREATENING MESSAGE

and about the first break they make they will be taken in by the
powerful arm o Uncle Sam.

One of the officers at the headquarters was asked today if
he thought the state of Wyoming would be placed under martial
law and he replied that he did not think it would be necessary
to adopt that measure. "There is one thing you may depend
upon, however," he said, "the government is not going to put
up with the lawlessness out there any longer. That business has
got to come to an end, and my opinion is that if you watch
matters closely you will see an emigration from Wyoming of
some of the parties who have been busy stirring up the trouble."

The last remark quoted above had proven true some
of the stockmen who were "busy stirring up the trouble" have
"emigrated/ and others are likely to follow suit, but the set
tlers who took up arms to defend their homes remain, and
no hired assassins can drive them out.

The soldier quartering scheme failing to produce the
desired effect, some occult influence was brought to bear on
President Harrison, and he issued the following:

PROCLAMATION

Whereas, By reasons of unlawful obstructions and assem
blages of persons it has become impracticable, in my judgment,
to enforce by the ordinary course of judicial proceedings the laws
of the United States within the state and district of Wyoming,
the United States marshal, after repeated efforts, being unable
by his ordinary deputies, or by any civil posse which he is able
to obtain, to execute the process of the United States courts;

Now, therefore, be it known that I, Benjamin Harrison,
president of the United States, do hereby command all persons
engaged in such resistance to the laws and the process of the
courts of the United States, to cease such opposition and resist-

"7

THE BANDITTI OF THE PLAINS

ance and to disperse and retire peaceably to their respective
abodes on or before Wednesday, the 3d day of August next.

In witness whereof, I have hereunto set my hand and caused
the seal of the United States to be affixed. Done at the City of
Washington this 3Oth day of July, in the year of our Lord one
thousand eight hundred and ninety-two, and of the independ
ence of the United States the one hundred and seventeenth.

BENJAMIN HARRISON
(SEAL)

By the President:

JOHN W. FOSTER, Secretary of State.

No more infamous document ever issued from official
pen. No greater outrage was ever perpetrated upon a long-
suffering people than is here ruthlessly thrust upon all of
Wyoming s citizens. The statements made in the "whereas"
were absolutely false in every line. They were lies, pure and
simple. On the day that the text of this insult reached Chey
enne a prominent citizen approached Judge Riner, of the
United States Court, and asked him what the proclamation
meant. His reply was that he knew absolutely nothing about
it. That he was as surprised as any other citizen that there
were no processes issued from his court, but what had been
served in the regular way no obstructions having been met
with by the marshals that had come to his knowledge. Every
person then living in the state knew that there was no re
sistance to law within our borders, and that there was no
body of men collected anywhere to whom an order to "dis
perse and retire peaceably to their respective abodes" could
possibly be addressed.

How came it, then, that the president of this great coun
try should descend to the level of a blackmailer, and by an

118

PRESIDENT HARRISON S THREATENING MESSAGE

official act proclaim to the world that the good people of an
entire state were engaged in resisting the law?

There is but one explanation the statements in the peti
tion to Acting Governor Barber had been presented to him
as the truth, and he had been deceived by senatorial repre
sentatives into believing them. It was the influence o the
old Cheyenne cattlemen s ring permeating official ranks from
the policeman on his beat up through all the graduations to
the White House at Washington. It is said that our senators
denied any knowledge of this proclamation until it appeared.
This may be true, but the public is slow to accept it as a truth.
How did the president gain the information upon which to
base his statements? Certainly, he would not accept such
grave charges as true without an investigation. Should he
investigate, where would be begin? Manifestly with the
senators from the state implicated. Were the statements filed
by the governor, no sane man, sitting in the presidential
chair, would act on them without consultation, when there
were two senators to whom he could apply for confirmation
or denial of the charges. There is no escape from a division of
the responsibility of the president s defamatory proclamation
between the acting governor and the two senators represent
ing Wyoming at that time, and the public will so hold.

119

<&&&&&&<$><^^

CHAPTER XII

ATTEMPTS TO MUZZLE THE PRESS

A

FEW WEEKS after the arrival of the invaders at Fort
Russell it was determined by them and their friends to reg
ulate, or muzzle the press of the state. It had been claimed
that all of "the best citizens" approved the raid and its red-
handed murders* There were some newspapers, however,
that dissented from this view, and that did not hesitate to
call murder and arson by their proper names. To be held up
to public gaze as guilty of cold-blooded murder did not suit
the sensitive natures of the men who had merely killed two
of their fellow citizens in one day and burned the body of
one of them while they sat around the camp-fire meal and
joked about the incense that rose from the burning pile. This
sort of talk must be stopped.

Colonel E. H. Kimball was editing a paper at Douglas,
Wyoming, and he dipped his pen in gall each week when
speaking of the outrages committed by this gang of outlaws.
He printed their names in full and told just what crimes they
had committed. He must be destroyed and the power of his
press overcome. So a dozen or more of them filed informa
tions against him for criminal libel. One of the charges was

120

ATTEMPTS TO MUZZLE THE PRESS

made by George W. Baxter, o Cheyenne, general manager
for the Western Union Beef Company. Upon this a warrant
was issued and Colonel Kimball was kidnaped and brought
to Cheyenne, where he was lodged in jail* He was held for
30 days before he could give bonds, the law requiring bonds
men to be residents of the county where the accused is in
prison. This had the effect of temporarily stopping the issue
of the paper as Colonel Kimball was a poor man and could
not hire the work done while he remained in jail. The case
never came to trial.

The editor of the Northwestern Livestock Journal offered
to sign the bonds of Colonel Kimball, and as a reward his
paper was boycotted by the cattlemen in any way connected
with the raid. Later four of them entered his office one day
and made a personal attack upon him, undoubtedly with
murder in their hearts. But their designs were frustrated and
the editor still lives.

The next attempt to regulate the tone of the press was
made by this same man Baxter on the Cheyenne Daily Lead
er, because it dared to condemn the work of the assassins.
He owned a few shares of the Leader stock and began an
action for the appointment of a receiver so as to get control
of the columns and shut off the truth about the invasion and
its supporters. The trial was long and expensive, but finally
resulted in a withdrawal of the complaint. These efforts at
destroying the press were so barren of success that it was
concluded to make no further attempts in that direction.

121

<>4><&&$><$>&$>&S>$>3^^

CHAPTER XIII

GOVERNOR BARBER PERMITS JOHNSON COUNTY OFFI
CERS TO SERVE WARRANTS ON THE INVADERS-
PECULIAR CONDITIONS PRECEDENT CHANGE OF
VENUE GRANTED BY JUDGE BLAKE

I

. W. BLAKE, judge of the Second Judicial district, which
comprises Johnson and Albany counties, sent a letter to Act
ing Governor Barber on the igth of June, requesting that
he deliver to the authorities of Johnson county the stockmen
then confined at Fort Russell. The judge informs the gov
ernor that he has received a certified copy of informations
filed against 44 persons, charging them with murder :

I have also received a certified copy of warrants issued by
the clerk of the court for the arrest of the parties charged in the
information*

The men against whom the informations are found are con
fined at Fort Russell under absolute control of the War Depart
ment. The courts, before they can exercise their functions, must
have the control of the persons whom they accuse of offense of
the law.

In view of these conditions I made the following requests:

122

JUDGE BLAKE S LETTER TO GOVERNOR BARBER

First That you turn over to the sheriff of Johnson county or
his deputy, the parties named in his warrants, and give them
into his custody at Fort Russell*

Second That before you do this you inform me of the time
you will be ready to make the transfer in order that I may give
the officer full directions as to the place they shall be held, pend
ing the future proceedings of the court. Pending the time of the
trial, I believe it my duty to exercise the utmost diligence and
care first, in placing the prisoners within the custody of the
proper officers of the court; second, that they be kept with ab
solute safety; third, that these things be done in such a way that
will entail the smallest possible expense upon Johnson county.

I do not consider it necessary at this time to have these men
taken to Johnson county. I have in view two methods of hold
ing them in custody, both of which will require the assent of
the parties accused.

One is that they be confined at Fort Russell as long as the
War Department will detain them there; the other that they
be confined in the north wing of the penitentiary at Laramie, a
portion of the building now unoccupied for any purpose, and
where they will not under any circumstances come in contact
with any of the convicts confined in another part of the building.

Should you surrender these men to the judicial department
upon this request, my positive order will be given to the officer
to whom they are surrendered upon these points in the way
I have indicated as to their confinement, and I am satisfied be
yond any question that these orders will be obeyed, for the reason
I believe that I have a right to make them, and I have never
known an officer of Johnson county to disregard any direction
I had given him. I must urge upon you, that I insist as soon as
the matter can be arranged, wherever these prisoners are de
tained, they must be kept under the custody of an officer of the
court for Johnson county.

123

THE BANDITTI OF THE PLAINS

Up to this time the acting governor had refused to permit
the Johnson county officers to serve the warrants on the con
fined cattlemen, notwithstanding almost daily applications
had been made for that privilege. After the receipt of the
above communication the matter was given careful execu
tive consideration, and on the morning of July 5th, 1892,
Governor Barber escorted the prisoners to Laramie City,
where Judge Blake was sitting "in chambers." Adjutant
General Frank Stitzer, accompanied by almost the entire
military staff of the governor, marched the cattlemen to
Hesse s hall, a large room previously engaged as head
quarters for them. Here they were formally turned over to
Deputy Sheriff Roles, of Johnson county, who took charge
of them. They were made comfortable in their new quarters
and seemed to have little care about the future turns their
case might take.

An application for a change of venue from Johnson coun
ty was made, heard and granted, but two weeks* time was
consumed in the selection of a place, Cheyenne finally being
chosen. The attorneys for the prosecution objected very
strongly to having the trial carried to Cheyenne on the
grounds that that city was the head center of the old domi
nating cattle influence, and the feeling of sympathy worked
up in favor of the accused, many of whom had been promi
nent in political, business and social circles, would prevent
an unbiased hearing of the case. This idea was fought by
the lawyers for the defense, and many witnesses were called
on either side. When Cheyenne was decided upon, the opin
ion in many parts of the state was freely expressed that the
cattlemen had won, and that the trial would be a howling
farce. It was honestly believed by many people that the

124

PECULIAR CONDITIONS

tentacles of the old gang were so securely fastened in the
people of that city that they could control the findings of
juries as they had in the past shaped the legislation of the
state. From that time forward interest in the case lessened
among the masses and they began to agitate the question of
how to counteract this un-American system of intrigue and
conspiracy that was so rapidly undermining our republican
form of government.

The prisoners were returned to Cheyenne, put in charge
of Sheriff A. D. Kelly, and ostensibly quartered in Keefe s
hall, instead of the jail. The first night after their arrival the
cattlemen proper of the gang were given a champagne ban
quet at the clubhouse by their white cap friends, and it was
a night of high revelry. During the entire term of their wait
ing for the sitting of the court the cattlemen slept at their
homes or the hotels, and the entire party took their meals
where they chose, and had the run of the town day and
night. A full list of guards was employed at the expense of
Johnson county, and the prisoners were supposed to be kept
in their quarters continually, save when they were escorted
to their meals. The truth of the situation is well and fittingly
illustrated by the following incident:

A newspaperman wanted to interview some of the con
fined men one evening about 8 o clock. He found three
guards on duty at the front door, and asked to be shown in
to see the prisoners. He was escorted inside but found no
one present. Being somewhat surprised, he asked how this
happened. The reply was, "The guards are on duty, sur, and
if yez wants to foind the prisners, yez must go where they
are; oill not foind em for yez."

Another incident may be mentioned as giving a sort of

125

THE BANDITTI OF THE PLAINS

object lesson. One morning soon after the return of the regu
lators to Cheyenne the writer hereof was going down the
street to his office, when he observed one of the imprisoned
men come to the door in his night shirt, reach out through
a partial opening and get the morning paper lying on the
door sill. A block farther down he saw another invader tak
ing his morning walk. Two blocks farther a city policeman
was met, driving in front of him four tramps, each with a
chain fastened to his leg and a 50-pound weight on his
shoulder, being marched to work on the streets.

The contrast was striking the cattlemen, crimsoned
with the blood of their fellowmen, given the freedom of the
town and indulging in riotous living the tramps, with no
crime charged against them but that of asking for bread,
placed in the chain gang and driven like beasts to break
stones on the highway* Comments would only weaken the
case the reader must draw his own conclusions*

126

<X><XO<><><><<^^

CHAPTER XIV 1

THE TRIAL OF THE INVADERS

N AUGUST 7, 1892, the invaders were arraigned before
Judge Scott, in the District Court for Laramie county, at the
courthouse at Cheyenne. They all pleaded not guilty, and
the work of securing a jury began. Three days were con
sumed and some progress made. It was evident that a jury
could be found in the county, and hopes began to be enter
tained that the prisoners would be called upon to face their
accusers for the killing of Nathan D. Champion and Nick
Ray, and the burning of the Nolan ranch on Powder river,
April 9, 1892. Skeptics and doubters there had been from the
time of the arrest of the prisoners. "They never will be tried,"
was an expression heard every day, and in all parts of the
state. The theory was that the cattlemen exerted such a dom
inating influence that in some way they would prevent a
final hearing and that the accused would go free. The special
privileges granted the prisoners throughout the summer
months strengthened this idea, but when the day of trial
came and both prisoners and witnesses appeared in court,

^In the 1894 edition this chapter was numbered XIX. In this edition,
its number and all succeeding chapter numbers have been corrected.

127

THE BANDITTI OF THE PLAINS

the doubters began to hope that they were mistaken in their
judgment.

But a bomb shell was already loaded, with fuse attached*
At the close o the third day the sheriff, A. D. Kelly, pre
sented a petition to Judge Scott for relief, setting forth that
Johnson county was bankrupt; that its officials had not paid
the expenses incurred by the detention of the prisoners in
Albany county pending the hearing on the motion for a
change of venue; that the cost of holding the prisoners, in
cluding hall rent, guards and food, was over a hundred dol
lars a day; that he could not get any money from the county
officials with which to meet these bills; that Johnson county
warrants would not take the place of money; that he, as
sheriff, would no longer assume responsibility for these cur
rent expenses, and praying for an order of court that would
secure him against loss as he could no longer hold the accused.

When court convened on the morning of August loth
Judge Scott handed down his decision on the above named
petition in substance as follows:

I am unable to issue an order compelling Johnson county to
make good the sheriffs disbursements for the maintenance of
the prisoners, and as he has refused to longer provide for them,
my only alternative is to admit them to bail. But as the defense
refuse to furnish bail, I am forced to release them on their in
dividual recognizances.

The prisoners at once signed each his own bail bond for
$20,000 in the two separate cases, and they were all set at
liberty, but ordered to appear at the next term of court, in
January, 1893.

When this news reached the public a feeling of disgust

128

THE TRIAL OF THE INVADERS

was everywhere manifest, save among the white caps, who
flung their banners on the outer walls and literally colored
the town crimson. It was then clearly demonstrated that
the old guard had gotten in its work, and that crime was
still to go unwhipped of justice. The press of the country was
generally outspoken in denunciation of the travesty upon
justice, and many very bitter editorials were printed. The
following from the Cheyenne Daily Leader is a sample of
the more conservative utterances:

THE PRISONERS RELEASED

Well, the stockmen and Texans are all at large, having been
released yesterday on their own recognizances. Taking it all
around perhaps it s just as well. Their confinement at Keefe
hall was such only in name. They were permitted to go at will
day or night about the city. Many of them never slept in the
hall at all, and the guards were an elegant superfluity except
whenever it was necessary to preserve the peace among the
Texans. Some of the prisoners took in the Templar demonstra
tion at Denver, and few of them were ever impeded in any of
their movements.

The keep of the prisoners, pay of guards and hall hire,
amounted to about $100 a day. For all practical purposes this
amount of money was but little better than wasted. In the or
dinary sense of the term the prisoners were never guarded and
could have made good their escape at any time were they so
minded. Such scenes as were presented could not, in the nature
of things, increase the public respect for the law or its admin-
istration, and from this point of view it was better to discharge
the prisoners even on their own recognizances than to pretend
to keep them in custody when they were as a matter of fact
freer to go about than men employed at the shops.

129

THE BANDITTI OF THE PLAINS

Thoughtful persons asked why Governor Barber had
brought these men hundreds of miles from the scene of their
misdeeds to be held at the expense of Johnson county, and
ready money demanded at every turn in the case? Johnson
county s credit was good at home and abroad her war
rants had always been paid and her people would have been
glad to furnish guards and provisions for the invaders and
taken their pay in evidences of indebtedness, knowing that
they were good for their face value. This privilege was denied
them, and the costs more than doubled by transferring the
case to distant points for a hearing* Beside this the white
cap press continually held Johnson county up as a bankrupt
community and insisted that it could never pay the cost of
a trial. This tended to weaken or destroy her credit away
from home and rendered the borrowing of money difficult.
Looking at the train of circumstances as a whole, and con
necting them with the final release of the prisoners without
trial, on the plea of Johnson county bankruptcy, the con
sensus of opinion in many circles was that the loth of August
witnessed the closing act of a drama (if such a comparison
may be allowed) fully outlined before the prisoners left
Fort McKinney for Cheyenne under military escort. The
fact that confidence in their ultimate release never seemed to
be lacking in the minds of the invaders strengthens this
view of the case. They apparently knew what was to be
the outcome.

There were many ludicrous and humiliating incidents
connected with the detention and partial trial of these men.
They were under arrest for murder, in the hands of the law
and the sheriff; yet when arraigned in court to plead, F. M.
Canton was carried in on a stretcher, wounded by the acci-

THE TRIAL OF THE INVADERS

dental discharge of his own pistol while in one of the city
saloons in the early morning hours. This was made the
excuse for asking an order of court to disarm the prisoners,
and as there was a living example of the danger before the
court, the order was granted. This was the 7th day of August,
and the prisoners had been in custody since April i3th all
this time carrying the arms and flaunting them in the face
of the law, while the citizens walked the streets with no
weapons of defense.

Another incident is worthy of relating. A brother of
Nathan Champion came in on the afternoon train from the
west. Desiring to see the men who had killed his brother,
he asked the first man he met on the street where they were
to be found. He was directed to Keefe hall. Approaching the
entrance he found no one on guard at the door, so he went
inside and slowly walked around the room, deliberately
looking at the men as they sat or lounged about. For a
wonder, there happened to be about half the prisoners in
the hall at the time, and two or three of the cattlemen who
were personally acquainted with the murdered Champion.
When they saw this man approaching they thought it was
the ghost of the murdered man, and rushed for an officer to
put him out. The deputy sheriff asked: "Who are you, and
what do you want here?" He replied: "My name is Cham
pion, and I came in to see these men who killed my brother
Nate/* The deputy quietly walked by Champion s side and
told him he had better retire as visitors were not allowed
without a permit. "All right," said Champion. "I have seen
the murderers, and have no further business here," walking
out, as he finished this remark.

The presence in the city of a brother of Nate Champion

131

THE BANDITTI OF THE PLAINS

seemed to stir up unpleasant memories and create forebod
ings in the minds of the imprisoned cattlemen, for apparent
ly well authenticated rumor said that an express wagon was
driven up to the rear of Keefe hall just at dusk the evening
after the above named visit, and 40 Spencer rifles unloaded
for the use of the prisoners in the event of an attack by
"rustlers or their friends." No attack was made or contem
plated, but all the same there was a good deal of nervousness
displayed for several days, and Champion s ghost seemed to
have taken possession of Keefe hall, much to the disgust of
the temporary sojourners therein.

Immediately on the signing of their bonds, preparations
commenced for leaving the city. The Texans and many of
the cattlemen took the afternoon train for the East. The
fiscal agents of the Stock Association were part of the out
going throng, which laid over a day in Omaha to settle up
with the hired men. These were supposed to be on the pay
roll at $5 a day from the time of their enrollment in March
up to the hour of their discharge by the court, as well as for
the computed time of their journey home. The Omaha pa
pers of the 1 2th and i3th of April announced the happy ad
justment of these financial arrangements and the departure
of the late imprisoned on their way south in the best of
spirits and with canteens well filled.

Tom Smith, the captain of the Texans, has since paid the
last penalty. He was shot and killed by a Negro desperado
on the cars between Gainesville, Texas, and Guthrie, Okla
homa, in the summer of 1893. Others of the band are re
ported killed, but how many is not known. He who lives by
the sword shall perish by the sword, will no doubt prove
true with many of these reckless characters.

132

THE TRIAL OF THE INVADERS

A goodly number o the cattlemen quietly departed for a
change of air, while others repaired to their respective places
of domicile. One general manager, who had been in the
north for years, remarked that he was "heading straight for
Brooklyn, and that once safely over the bridge he would
stay on that side of the East river. He had had all the busi
ness he wanted with a lot of duffers who had no more sense
than to shoulder their guns and fight like demons for their
jim crow farms in a country that was not worth a d n only
for cattle grazing." He has kept his word.

January 21 st, 1893, when the case of the State of Wyo
ming vs. the Invaders was called, nearly all of the cattlemen
responded but the hired men failed to appear. Alvin Ben
nett, prosecuting attorney for Johnson county, offered a mo
tion to enter a nolle prosque, to which the attorneys for the
defense entered an objection. After discussion the court ac
cepted the motion and the prisoners were discharged. A
similar motion was made covering the cases of the hired
Texans, who had not appeared, and an order of discharge
was entered in the court records, also one rescinding the
order of forfeiture of bail bonds previously entered.

This action was severly criticized by many as unwar
ranted and outrageous, but the public finally settled down
to the common opinion that the ring had so many obstruc
tions of one kind and another to spring that justice was not
likely to be meted out in the event of a long and expensive
suit, and perhaps it was as well to end the farce without
further cost to Johnson county settlers. It presented one ob
ject lesson that would in the end result in good to the state
by arousing a sentiment among the masses in opposition
to corporation rule that in future would prevent similar
disgraces.

CHAPTER XV

WYOMING STOCK GROWERS ASSOCIATION, THROUGH
ITS OFFICERS, ENDORSES THE INVASION

4, 1893, the Wyoming Stock Growers Association
met in annual session at the court house in the city of Chey
enne. John Clay, Jr., o Chicago, president of the association,
was in the chair, and, according to the report of the com
mittee on credentials, there were present 99 members in
good standing.

Mr. Clay delivered quite a lengthy address immediately
after rolling the meeting to order, and after alluding to the
general situation of the cattle industry and talking about
bad markets, etc., etc., he said:

"Not content with the imposition of financial and cli
matic troubles another burden had to be added to our lot.
After a long period of forebearance and patience from range
depredations, both petty and wholesale, the trouble cul
minated a year ago and the so-called invasion of Johnson
county took place, which ended unfortunately and gave rise
to an almost interminable amount of bad blood, politically
and socially."

After moralizing for some time on the low state of Wyo-

134

THE ASSOCIATION ENDORSES THE INVASION

ming public sentiment that he admitted was with the John
son county settlers and against invaders, he continued as
follows :

"While the invasion is now consigned to history, it de
veloped during its progress last spring and the long, weary
summer months which followed a spirit of admiration from
all classes of the men (the very flower of Wyoming s citi
zens) who had taken part in the expedition. Under the most
trying circumstances they stood shoulder to shoulder, scarce
a murmur escaping them. Gentlemen. I am not here to de
fend these parties. Technically, legally, they did wrong, but I
consider it no mean privilege to stand in this prominent
position today and say that I count everyone of them a friend.
Notwithstanding their errors of judgment, we respect them
for their manliness, for the supreme courage under the ad
verse fire of calumny and the usual kicking a man gets
when he is down. There will be a day of retribution, and
the traitors in the camp and in the field will be winnowed
like wheat from the chaff."

Later in the day, when "the good of the order" was sprung
for general discussion, Henry G. Hay, treasurer of the asso
ciation, closed a speech of general approval of the stockmen s
methods of cattle seizure by the inspectors of the Livestock
Commission, intimidation, etc., with the following sentence:
"I love the association for the enemies it has made, as they
are nearly all thieves and rustlers."

These utterances of the officials of the stock association
in an open, public meeting, and the hearty endorsement they
received from the ninety and nine members present, very
clearly prove that the public was right when it declared at
the time of the invasion the responsibility of that outrage

135

THE BANDITTI OF THE PLAINS

rested upon the Wyoming Stock Growers Association. The
invaders and the stock association are now quite generally
used as synonymous terms among the people.

An analysis of these "official utterances" is unnecessary,
because each reader will do that for himself, but it is well,
perhaps, to call attention to the threat made in the closing
sentence of John Clay, Jr/s speech : "There will be a day of
retribution." Is this a warning that there will be another
invasion? Another band of hired assassins brought into the
state to murder and burn, and in such numbers as to over
come all resistance? Is another and greater attempt to be
made to overthrow the state constitution, drive the settlers
from their homes and reinstate the cowboy as the ruler of
the country ? That is the plain English of the "official threat."
But he was probably talking through his hat.

It might be pertinent to here inject this inquiry: "Can
an organization whose officers openly countenance murder,
arson and body-burning, and denounce all who differ from
them in opinion as thieves and rustlers, be looked upon by
a community as an upholder of the majesty of the law and
a friend of society?"

<X*>00<!><e>00<;><>*><*><^>0^

CHAPTER XVI

SOME MATTERS INCIDENTAL TO AND CONNECTED WITH
THE INVASION

I

T WAS claimed in the invaders* petition to the governor
and in his dispatch to the president, and talked in the press
as well as on the street that the civil authorities of Johnson
county refused to give protection to the cattlemen while en
gaged in their legitimate business of gathering and brand
ing their cattle. To prove the falsity of the charge the fol
lowing official notice is given as it was printed and sent
broadcast over the country in May, 1892:

NOTICE
To Henry Blair, Dr. Harris, the Murphy Cattle Company and

Other Owners of Cattle Ranging in Johnson County:
The authorities of Johnson county invite and desire that all
owners of cattle ranging in this county who have either per
sonally or by their foremen and representatives participated in
the late armed invasion of this county to send able, trustworthy
and discreet persons to their ranches to attend to the rounding
and preservation of their property. The undersigned pledge to
them the resources of the county in the protection of their in-

137

THE BANDITTI OF THE PLAINS

terests here. We would suggest that there are a number of idle
cowboys here who have not been branded as outlaws or black
balled by the stock association who will gladly work and help
round up the cattle during the coming season.

C. J. HOGERSON,
C. M. DEVOE,
J. T. BROWN,
County Commissioners.

ALVIN BENNETT,

County and Prosecuting Attorney.
W. G. ANGUS,

Sheriff.

Another false statement that was freely circulated
throughout the country was to the effect that Johnson coun
ty was a barren waste, only suited for range cattle grazing,
and that three-fourths of the taxes accrued from the range
herds owned by the large cattlemen who were either present
or represented in the raid. The martial law petition sent to
the governor stated that the assessable value of the range
herds amounted to "millions of dollars," The exact facts are
presented by the county clerk in the following statement:

"The assessed valuation of property in Johnson county
for 1891 was $1,789,075.69. The valuation of all horses and
cattle owned by stockmen was $318,125, the tax on which
was $3,817.50. This shows the cattlemen s interest in that
county to have been less than one-fifth of the total, yet they
claimed to be entitled to the control of all matters by reason
of their money invested."

On the morning of May loth, 1892, George A. Wellman
was murdered on Nine Mile divide, in Johnson county. Here
is the story as it was first told to the Bulletin, in Buffalo, on
the day of the murder:

INCIDENTAL MATTERS

Thomas Hathaway, a cowboy, who has been for several years
in the employ of H. A. Blair Company, known as the Hoe out
fit, came into town Tuesday evening, unarmed, wild-eyed and
excited, and unfolded a tale that created consternation among
the people.

His story, as told then, is as follows:

George A. Wellman, who, since the absence of F H. Laber-
taux, was in charge of the Hoe outfit, came from Gillette to the
Hoe ranch on Powder river, Monday evening, the pth of May,
paid off the men at work there, and Tuesday morning, he
(Hathaway) started with Wellman to go to Buffalo. Each was
riding a horse, and Wellman was leading a packhorse, packed
with Hathaway *s bedding. When about 15 or 1 6 miles south
east from the Crazy Woman stage crossing, and about 10 o clock
in the morning, as they were riding side by side along the Nine
Mile divide, two shots were fired in quick succession, so quick
that one man could not have fired them, and George Wellman
fell from his horse*

Hathaway s horse pitched him off; he mounted again and
followed Wellman s horse and the packhorse about 300 yards to
the right, stopped, unsaddled both Wellman s horse and the
packhorse, turned them loose and rode as fast as he could to
Buffalo to notify the sheriff.

Hathaway changed his story somewhat as he told it to
different people, and in the evening he was arrested on sus
picion of being a party to the crime. The body was sent for
and an inquest held, but no certain key to the mystery was
found. The case has been in the United States court be
cause of the fact of Wellman being a deputy United States
marshal, but the public is today as ignorant as it was on the
morning of the murder as to the identity o the men who
fired the fatal shot. Wellman was a popular cowboy with all

139

THE BANDITTI OF THE PLAINS

the people and not known to have an enemy in the country.
The Masons of Buffalo buried him with due honors, and
general sorrow prevailed throughout the county. He was
married at Martha, Wisconsin, April 21 st, 1892, and had
just returned from that interesting ceremony when he was
stricken down*

The belief is general in the northern counties that Well-
man died at the hands of the invaders and not by act of the
so-called rustlers. As explained in another chapter, they be
lieve he was selected as a victim in the hope of fastening a
crime upon the settlers of Johnson county for the purpose of
exciting sympathy for the captured white caps.

Some weeks after the discharge of the invaders, Dudley
Champion, a brother of Nathan, was shot and killed by Mike
Shonsey, one of the late prisoners. Champion came down
the cattle trail in search of work, and at a point about 20
miles northeast of Lusk fell in with an outfit from Texas.
During the evening meal Shonsey rode up, and for a time
pleasant conversation was carried on between the entire
party. Suddenly Shonsey raised his gun and fired, killing
Champion instantly. Shonsey, accompanied by a lad who
was in the employ of the Texans, immediately started for
Luskj where he gave himself up to the officers. A preliminary
hearing was at once had, the boy swearing that Champion
drew his revolver first, and that Shonsey fired in self-defense.
This, of course, relieved Shonsey from blame, and he was
released. A few hours later he took the train for Cheyenne,
arriving in that city at midnight. The next morning he set
tled up with George W. Baxter, in whose employ he had
been, and took the afternoon train south, presumably going
to Mexico and out of reach of the law.

140

INCIDENTAL MATTERS

Twenty-four hours after Shonsey s release by the court at
Lusk other witnesses arrived, and it was claimed that Cham
pion had made no gun play and that his killing was unpro
voked, cold-blooded murder on the part of Shonsey. But the
information came too late the murderer was flying south
ward and out of reach. Thus was added another crime to the
long list chargeable to white cap influence.

Undoubtedly the motive for die killing of Dudley Cham
pion was the fear that he would, if permitted to live, seek
revenge for the murder of his brother Nathan at the KG
ranch. A living Champion was looked upon as a constant
menace therefore, no Champions must be permitted to live.
Shonsey is still absent from the state, and no action has been
initiated to bring him back to answer for his crime.

Readers of these pages can but be impressed with the
knowledge that the whole cry of the invaders and their pro
moters was the decimation of their herds by the rustlers.
"Thief, thief! * was the constant yell, and the charge was
always that, "If the thieves are not wiped out our herds will
be." So they went to battle to destroy the men who had thus
driven the cattle from the ranges of the state. That this was
a false cry, the following story abundantly proves:

The Western Union Beef Company, of which George
W* Baxter was and still is general manager, had a herd lo
cated in Johnson county, with Mike Shonsey as range fore
man. The grass was short and the company had determined
to move the herd to Montana in hopes of securing a better
range. In the early autumn of 1892, four or five months after
the invasion, the herd was gathered for the drive to Mon
tana, and behold there were found and rounded into the
moving bunches about two thousand more cattle than the

141

THE BANDITTI OF THE PLAINS

company s books called for. The rustlers had not taken many
o these cattle, surely. Yet, no man was a more vigorous
"thief" howler than this man Baxter.

Some persons have been uncharitable enough to suggest
that the general manager and the range foreman had en
tered into a conspiracy and "put up a job" on the company
for their personal pecuniary benefit, namely, anticipating,
and perhaps urging the removal of the herd, they had "doc
tored" the tally sheets so as to show two thousand head less
than the real number. Then, when the gather was made, if
they found all the books called for, less, say two or three
hundred, they could buy the remnant for a few hundred
dollars less than half of the market value of the shortage,
for it costs nearly all the value of the tailings of a herd to
gather it and thus have a two-thousand herd of their own.
But the little unpleasantness of the invasion made the cli
mate of Johnson county unhealthy for Messrs. Baxter and
Shonsey, and the cattle gathering had to be done by cowboys
not in the deal. Thus everything bearing the company s
brands was brought in and the soft snap so carefully planned
was "given away."

Assuming that there is no truth in this very plausible
story, which is proper in the absence of direct proof, and that
if Baxter and Shonsey had made the gather of the cattle, the
same results would have been secured, the fact remains that
the herd had not been looted, as claimed by Baxter and his
co-workers in the invasion, and the belligerent attitude was
assumed without cause. Baxter must accept one of the two
horns of this dilemma he either allowed the tally sheets to
be incorrectly made out or he knowingly set up a false cry of
stolen cattle to justify an outrage upon his state and the peo-

142

INCIBENTAL MATTERS

pie such as was before unknown in the history of the United
States, for no practical cattleman, as he claims to be, could
visit his range month after month and year after year with
out realizing that his herd was rapidly increasing instead of
being day by day growing less from wholesale robbery, as he
everywhere proclaimed* This effectually lifts the charge of
cattle stealing from the citizens of Johnson county.

Several members of the Texas contingent of the invaders
have paid the debt of nature since their release from custody
by the Wyoming court, all dying with "their boots on 5 *; and
many of them under circumstances peculiarly distressing.
One of the sad stories will be sufficient to record here. The
article copied below is from the Buffalo Voice of a day early
in February, 1894, under the heading "Vengeance is Mine":

Last Friday, at Fort Smith, Arkansas, the Texas Kid was
hung. He will be remembered as being one of the invaders, and
the one who boasted that he was the man who fired the shot
that killed Nick Ray. He was one of the hired Texans who got
$5 a day and rations for helping Wolcott, Carey, Warren & Co.
to kill and scare people out of this country in order to help out
their arid land scheme. After getting out of jail he went back
to Texas and murdered a girl, and for that crime he was justly
hanged- He was engaged to the girl he murdered, before he came
up here as an invader, and when he went back she had learned
what he had done in Wyoming, and refused, not only to marry
him, but told him she never wanted to see him again. He be
came enraged and deliberately shot her. He was soon caught,
and in less than a month after committing the crime was tried
and sentenced to be hung. He broke down several days before
the execution of his sentence and repented of his crimes. He
blamed the instigators of the invasion for being the cause of

THE BANDITTI OF THE PLAINS

his ruin and the death of a fair, young girL He said that he had
been told by Wolcott that a band of outlaws existed in Johnson
county, in comparison to whom the James boys or the Daltons
were innocent children; that they not only were thieves, but
that they had waylayed and killed several stockmen, and that
nine out of ten of the citizens were scared to death of this gang,
which numbered about 75 men. He said Wolcott and Irvine told
him that the governor and both senators had offered rewards for
their capture or extermination, and that the governor, as the
head of the state, had given his sanction to the invasion, as had
also both senators. He denounced the whole gang and expressed
regret for the part he took. "Vengeance is mine, saith the Lord."

144

<xe*c>0<><fr0<><^^

CHAPTER xvn
A WORD ABOUT WYOMING

JL v JLiDWAY between the rock-ribbed coast of New England
and the golden sands of of the Pacific, high above and be
yond the reach of the malaria-laden winds that gather in the
lowlands on either side, sits fair Wyoming, youngest born of
the sons and daughters of our Republic. Resting on the sum
mit of the great Rocky Mountains, her garments fall in
graceful folds to the east and west, covering an area of nearly
four hundred miles square. Within these rectangular lines
is found a variety and richness of nature elsewhere unknown,
and absolutely beyond the power of words or brush to paint.
Here we see the broad, treeless plains stretching away in
the distance, earth and sky blending, like the sailor s morn
ing welcome in the calm of mid-ocean. Yonder the rolling
approaches to the foothills, green with grasses and decked
with flowers of a thousand hues. There the foothills them
selves, the body guards and picket sentinels of the great
ranges, ever on duty as the trusted soldier on the tented
field. These supports to the great backbone of the continent
are as varied in their conformation and consistency as arc
the comprehensions of the human mind. One is the perfec-

THE BANDITTI OF THE PLAINS

don of symmetry, when viewed from any quarter, its sides
smooth and inviting from the base to apex; another, rock
piled upon rock, craggy projections here, cavernous depths
there, walls perpendicular and walls hanging over; stones
smoothed by the action of the elements on their surfaces, or
shaped into all manner of grotesque forms by these same
elements, as their composition is uniform or conglomerate
in character.

Then come the mountains, the giants in nature, rearing
their proud heads far into the ethereal blue, and from their
vantage ground wearing a smile that reaches out and glad
dens the earth in its lower fields; the dew drops from the
mountains, gathered there while the storm king reigned, are
the joy, the life of the plains below. Raised from the lower
depths by the strong pulsations of nature, these mountain
ranges cross the state from south to north, with diverging
spurs to the east and west, forming a network of mountains,
slopes, valleys and plains. On yonder peak rests the snows
of centuries, a robe of whiteness, unspotted by the changing
rays of the sun, unsullied by the tornado s sweep, and secure
from the cyclonic embrace of electric combinations. Down
the sides of this cloud-piercing pile the pine tree grows in
sturdy thrift, and from the shady nooks spring babbling
brooks that dance and sing their way to the Platte and the
Yellowstone, whence they wander on to lose their identity
in tropical seas.

The placid beauty of the plains, the enchanting, soul-
inspiring and matchless grandeur of the Platte canyon, the
sublimity of Yellowstone Park, the playground of the gods,
afford a variety of scenery so entrancing that the mind is
satisfied and the soul is filled to overflowing.

146

A WORD ABOUT WYOMING

As the surface o the state invites to contemplation and
satisfies the most ardent lover of nature s work, so beneath
these masterpieces of omnipotent mechanism lies buried a
material wealth as inexhaustible as are the sands of the sea
shore. Black diamonds, the coal of commerce, underlie more
than one-half of the state, and Wyoming could warm the
nations for a century without material shrinkage of the sup
ply. Nature s active laboratory seems to be located directly
under this keystone of American commonwealths, for chem
ical combinations and experiments there conducted have
given us not only the gems from the mountains, but pearls
from the ocean depths. Every mineral of value known to
commerce or manufacture is found in greater or less quan
tity, and the iron mines are the marvel of all beholders. The
oil fields of the state are greater than those of Pennsylvania
and Ohio combined, and the soda lakes are the glory and
pride of the continent.

We are blessed with the raw material for a great manu
facturing community, and the soil of our valleys is like unto
the delta of the Nile. The cloudless days of nearly all the
year, and the bracing winds that chase o er plain and hill
drive malaria far away, and physical development becomes
perfect.

Wyoming is nature s bonded warehouse. Here are stored
the treasures of a continent, but for ages the doors have been
securely fastened and the seals are yet unbroken. Intelligent
research will find the keys and deliver the goods to a wait
ing world for the pleasure, comfort and enchantment of the
people. To this end we invite the prospector to come within
our gates and swell the number of developers.

Already blessed with a home-loving and patriotic citizen-

147

THE BANDITTI OF THE PLAINS

ship, the topography and climatic conditions of the state will
stimulate republican sentiment among all classes, and as the
years and the ages roll by, Wyoming will be pointed to as
the birthplace of true democracy, the land of freedom to men
and women, the one spot in nature s wide domain where the
laws are made by the governed, without regard to sex. As
we now lift our eyes to Andora, the oldest Republic, nestled
securely in the fastnesses of the Pyrenees, and thank God
that one tribe has preserved a republican form of govern
ment for twelve hundred years by reason of its bravery and
love of human liberty, so as the history of the world s progress
is written in future years, will the eyes of all people turn to
this commonwealth as the land where brave men and fair
women, freemen whom the truth makes free, equally hold
in trust, and sacredly preserved the rights and liberties of
the people.

Rocked in cradles guarded by nature s great mountain
sentinels; developed in the atmosphere of freedom that
breathes from every hillside and valley in these highlands;
brought to man and womanhood under the magic touch of
nature in its grandest forms, the offspring of Wyoming will
be as proud, brave and patriotic a race as ever sprang from
the descendants of Eden s illustrious pair. To a people thus
fortunately situated the future is assured, and we invite the
brave and the good of all lands to come and abide with us,
in the full belief that the domination of the old cattle-grow
ers ring is ended, and that from this hour the people will rule.

148

<><><:><0<cX&<<^^

CONCLUSION

With all o these natural resources and this exceptional
political situation, the state is being held back in its develop
ment. Corporation rule dominated so long, and then the dis
grace of the state s invasion came as a climax. Some of the
invaders still hold up their heads and try to pose as men, but
the dry rot has taken hold of many of them, and it is only
a question of a short time until the last one will have quietly
folded his tent and departed to a more congenial clime. To
be pointed at with the finger of scorn by every passer by be
comes wearisome, and the weariness grows oppressive. De
feat brings disgust, and as the old ring has suffered this at
every turn, the practical idea of a change of pasture is already
having the desired effect. From now on there will be a new
Wyoming, purified by the people s rule, and made the home
of a happy and prosperous population, engaged in opening
up and humanizing the mountain, valley and plain.

149

George W. Baxter, Ex-Governor

Recruiting officer of the invasion

(See Times Interview, page 35)

<^>0<>000<;X2><*^^

APPENDIX

HE FOLLOWING CONFESSION o George Dunning, one of
the hired men of the invasion, was written by him while in
the Johnson county jail, at Buffalo, duly sworn to and pub
lished in the Northwestern Livestock Journal in October,
1892. As the result of that publication the editor of the jour
nal was arrested for criminal libel while in the city of
Chicago, and his printing office seized* The postmaster at
Cheyenne held all the copies of the paper containing the
confession as "obscene" literature, referring the matter to
the postmaster general and getting instructions (after the
election) to let the paper go through the mails. Fortunately,
a part of the mail left the Cheyenne office before the post
master found out the contents of the paper, and a goodly
number of copies went out by express, so that the public got
the information before it quite generally*

The statements made in the confession are of a startling
nature, but so many of them are known to be true that the
public is disposed to accept the entire story as true in detail.
The writer hereof has seen and read the original of the let
ters written to Dunning by H. B. Ijams, and they confirm
the statements given in the confession in regard to them.

15*

THE BANDITTI OF THE PLAINS

The blush of shame will come to any honest man who
reads the hellish plot, as laid before Dunning, especially
when he reflects that a crazy, wicked attempt was made to
execute the very plans as detailed. Of course there is a good
deal of superfluous verbiage used in the confession, but this is
to be expected in an article prepared by an uneducated man:

CONFESSION OF GEORGE DUNNING
About the ist of March, 1892, 1 was on my way from the
79 mine near Silver City, Owyhee County, Idaho, to Boise
City, Idaho, which is a distance of about 60 miles. I had
heard there was about to be a sale made of the 79 mine and
group of mining claims; I and four other parties have a lease
on the 79 mine and a group of mining claims. I was going
to Boise City to see W. B. Knott, the owner of the 79 mine.
I wanted to see him about getting my pay for what work I
had done about the 79 mine. According to our contract with
W. B. Knott we took a three-years lease on the 79 mine and
group of mining claims with the understanding that if the
property was sold before the expiration of our lease that each
of the leasers should be paid $4 a day and all expenses for
what time he worked, and each leaser was to receive $1,000
besides. When I left the mine I walked to Snake river the
first day, a distance of about 30 miles, and stayed all night
with a man by the name of Cox. The next morning I left
Cox s place to go to the Hot Springs. As I was passing Mr.
Bernard s place Mr. Bernard asked me if I had received a
letter from Mr. Stearns, of Nampa. I told him I had not. Mr.
Bernard said Mr* Stearns would like to see me. I asked Mr,
Bernard if he knew what Mr. Stearns would like to see me
about. Mr. Bernard said that Mr. Stearns would like to em-

152

CONFESSION OF GEORGE DUNNING

ploy the right kind of a man to run a cow outfit in Johnson
county, Wyoming, for a friend of his and that they would
pay me big wages. I told Mr. Bernard that I and some other
parties had a three-years lease on the 79 mine and it had
always, for the last 12 or 13 years, been considered one of the
best mines in the state, and that while we were running the
south drift that the ledge had lately widened out and showed
higher grade rock than any other place in the mine. I told
Mr. Bernard that I heard that the mine was about to be sold,
and if the sale came off I would have money enough to go into
something for myself, and if the sale did not come off that
I should go back to the mine and get out rock so that as soon
as the roads got good I could get the rock milled and get my
money for it. Mr. Bernard said he heard we had a good lay
out on the mine, but that the man that wished to hire me and
some of my friends to run his outfit of cattle was very wealthy
and a member of the Wyoming Stock Growers* Association;
that the association had had a good deal of trouble with their
stock in Johnson county, and that the Wyoming Stock Grow
ers Association was the largest and wealthiest association of
the kind in the world, and if I wanted to go to Wyoming to
work, and if I and my friends would fill the bill that money
would cut no figure with the stock association. I thought the
matter over a minute or two; I was satisfied there was some
thing wrong. I told Mr. Bernard that I would think the
matter over and have a talk with Mr. Stearns; that I could
see Mr. Stearns in Nampa on my way to Boise City. I then
went on to the Hot Springs ranch. When I got to the Hot
Springs ranch I told some of my friends that Old Bernard
was up to some more of his skulduggery; that he had an
other scheme in view; that I did not take much stock in it,

153

THE BANDITTI OF THE PLAINS

but I was going to sec Mr. Stearns when I went through
Nampa on my way to Boise City, and that I would learn
more of the particulars. At this time I was not acquainted
with Mr* Stearns. This man Bernard that I had the conver
sation with in regard to coming to Johnson county, Wyo
ming, to work was one of the leaders in the stock association
in Owyhee County, Idaho, seven or eight years ago. Every
thing in the line of the stock business in Owyhee County,
Idaho, seemed to be running smooth until the stock associa
tion was founded at Silver City, Idaho. There was at that
time little or no complaint of stock stealing in that part of
the country. About the time the stock association was in
working order there were rumors of cattle and horse stealing
by the wholesale started around the country and men who
belonged to the association said if the small stockmen did
not sell out or leave the country that they would make them
costs enough in court to break them up. When court set in
the fall the men who belonged to the stock association kept
up their howl about the amount of stealing that was going
on. The sheriff of the county had turned out defaulter to a
large amount of money, and in order to cover up his de
falcations had committed a number of forgeries. The sheriff
picked up the grand jury on the streets and managed to man
ipulate them in such a manner that the grand jury found
two indictments against me for branding cattle, and indicted
a number of other parties besides myself. The amount of
money the sheriff was a defaulter was settled for him and
the courts failed to convict a man that was indicted by that
grand jury. This man Bernard took a very active part in the
prosecution of all cattle cases* I know him personally to be
a thief and a perjurer. He was continually talking about the

154

CONFESSION OF GEORGE DUNNING

need of a vigilance committee while the stock association
was in its glory in Owyhee county, Idaho. The association
only lasted about two years in Owyhee county, Idaho; it
then went to wreck.

In the course of a day or so after my conversation with
Mr. Bernard in regard to my coming to Johnson county to
work for a cattle outfit I was in the town of Nampa, Idaho,
on my way to Boise City. Mr. Stearns called to me on the
streets and asked me if it would be possible for me to go to
Johnson county, Wyoming, and take charge of a cattle out
fit. Mr. Stearns said that it would be better if I could take
four or five of my friends along; that everything would be
fixed satisfactorily in regard to the money matter; that we
would have a show to make some money. Mr. Stearns then
went on to explain how he came to speak to me about the
matter; he said he was back East on a visit last summer and
he met an old friend and school chum of his by the name of
Clark; said Clark was one of the best men he ever knew in
his life; that Clark had made barrels of money out of the
cattle business and owned a large amount of cattle in John
son county, Wyoming, and vicinity. Mr. Stearns then went
on to tell me that Clark had told him while he was back East
last summer that the cattle thieves, or rustlers, were com
mitting great depredations on his stock in Johnson county,
Wyoming, and that every man they hired was standing in
with the rustlers, and that things would have to take a change
in Johnson county or the stockmen would have to gather up
what stock they could and leave the country. Mr. Stearns said
he had a talk with Mr. Clark about me and some of my
friends, and told Clark that if he would give us good wages
that we would run his cattle for him, and that we would run

THE BANDITTI OF THE PLAINS

them on the square; and that it would be a cold day if Clark
did not get what cattle belonged to him.

Mr. Stearns next showed me three or four telegrams that
had been sent to him from Cheyenne, Wyoming, one of
which read: "Please send party by next train, if possible."
When I saw the telegrams there was but little doubt in my
mind but what the whole business was crooked. Mr. Stearns
told me that money would be forwarded to me from Chey
enne or else a man would come from Cheyenne to Nampa
and explain matters, if I thought I could go to Johnson
county, Wyoming* I told Mr. Stearns that I could go and
to have his man, who Mr. Stearns told me would be H. B.
Ijams, secretary of the Wyoming Stock Growers* Associa
tion, meet me in the course of three or four days in Nampa,
Idaho. I told Mr. Stearns that I would be back from Boise
City by that time. I then went to Boise City and came back
to Nampa, Idaho, where I was introduced to Mr. H. B. Ijams,
of Cheyenne. Mr. Ijams and I then went over to Mr. Stearns
office to have a talk about the cattle business. Mr. Ijams talked
very freely about matters pertaining to the cattle business in
Wyoming and especially in Johnson county. Mr. Ijams com
plained bitterly about the depredations he claimed that were
committed upon the bands of horses and cattle by the rustlers
in Johnson county and vicinity; he said that the stock grow
ers* association would either have to put a stop to the thieves
or else sell out or gather up their stock and drive them to
some other state. Mr. Ijams said the stock growers associa
tion had owned stock on the range too long to be run out
of the country by an outfit of thieves, and if it was necessary
the association would fight the thieves until the last one of

156

CONFESSION OP GEORGE JKJNNING

them was wiped out of existence. Mr. Ijams said the Wyo
ming Stock Growers* Association had paid out thousands of
dollars for hiring men from different parts of the country to
kill off the horse and cattle thieves in Wyoming. Mr. Ijams
said the methods of the stock association were expensive, but
he knew no other way to keep the thieves down. Mr. Ijams
spoke of the hanging of a man by the name of Wagoner, a
horse man, and the lynching of Averill and Cattle Kate, and
about the killing of Tisdale and Jones last fall and the assault
on Nate Champion and his partner on Powder river last fall.
Mr. Ijams said last fall the Wyoming Stock Growers* Asso
ciation made a contract with certain parties to kill off 15 men
who were considered by the stock association to be the lead
ers among the stock thieves in Johnson county, Wyoming.
Mr. Ijams gave me to understand that the men who were
employed by the Wyoming Stock Growers* Association to
do the killing last fall in Johnson county, Wyoming, were
Frank Canton and Joe Elliott and Tom Smith and another
man whose name I forget, who Ijams said got off all right
to Montana. Mr. Ijams said our men got Tisdale and Jones
all right. The next job they tried after they attempted to
do up Champion and his partner, on Powder river, they
went into the Champion cabin about daylight and told
Champion and his partner to give up, and at the same time
one of the party fired his pistol at Champion s head; Cham
pion then shot one of the party up the coat sleeve with his
revolver and another through the ribs. The party then left
Champion s place, leaving their grub, blankets and several
horses and overcoats in the vicinity of Champion s place. Mr.
Ijams said that the failure of their men to do up Champion

THE BANDITTI OF THE PLAINS

and his partner, on Powder river, and the killing of Tisdale
and Jones last fall put an end to the killing business for the
rest of the winter in Johnson county-
Mr. Ijams said that after the assault on Champion and his
partner and the killing of Tisdale and Jones last fall, on the
Powder river, there was a good deal of excitement in John
son county, and people were getting on the war path; that
the stock association thought that if they had some of the
thieves killed off that it would terrorize the balance in such
a manner that the most of them would leave the country. Mr.
Ijams said the stock association were mistaken in regard to
the effect produced by the killing off of a few thieves by men
who were hired by the stock association; that instead of
terrorizing the rascals that the thieves were becoming more
bold in committing their depredations upon live stock, and
that the thieves were getting more on the war path every
day of their rascally lives. Mr. Ijams said that the course the
stock association had been pursuing for a number of years
in regard to killing off the thieves in Johnson county and
vicinity had bitterly prejudiced a great many ranchers and
business men and other people who never owned any stock,
against the stock association; that he had thought the matter
over a great deal and had lately come to the conclusion that
the stock association had not gone about the killing off of the
thieves in the right manner. Mr. Ijams said that since the
assault on Champion and his partner and the killing of
Tisdale and Jones, on Powder river, last fall that the stock
association had another scheme in view for doing up the
thieves and he thought it was the proper one under the cir
cumstances, and that this last scheme would meet the ap
probation of a great many law-abiding citizens of Johnson

CONFESSION OF GEORGE DUNNING

county, who would shudder at the idea of the stock associa
tion hiring men in Cheyenne or Texas to come to Johnson
county to shoot the cattle thieves in the back. Mr. Ijams said
that the latest scheme of the stock association was to publicly
wipe the thieves in Johnson county, Wyoming, out of exist
ence; the way he said the stock association of Montana did
in that state eight or nine years ago. Mr. Ijams said that after
the assault on Champion and the killing of Jones and Tis-
dale, that one of the stock association s best men, a man by
the name of Tom Smith, had gone to Texas to get 25 men to
join the rest of the outfit in Cheyenne whenever the stock
association saw fit to make a raid on Johnson county and
kill off the thieves; said Smith used to be a deputy United
States marshal in Texas; and that a number of deputy United
States marshals would come from Texas with Smith* Ijams
said Smith had been engaged in the business of killing oflE
cattle thieves for a number of years, and was the most suc
cessful man he knew of in his line of business. Ijams said
Smith was the man who put up the job to hang a horseman
named Wagoner. Ijams said Smith and party read a bogus
warrant to Wagoner and took him a short distance from
home and hanged him. Mr. Ijams said the stock association
were hiring the men that Smith would bring from Texas on
the basis of $5 a day for each man hired and all expenses
would be paid by the association; and the association would
pay each hired man $50 for every man that was killed or
hung by the mob on the raid. Ijams said that most of the
work would be accomplished in a month, but he intended
to divide the mob up after the first month s work and have
five men in each squad, and have them ride over the country
for several months and kill the thieves whenever they run

THE BANDITTI OF THE PLAINS

on them. Mr. Ijams said the mob would probably kill off
about 30 men in Johnson county while on their raid; that
the stock association wanted to kill off more, but that a good
many thieves would escape. After the mob got through with
Johnson county they were to visit other parts o the country.
Mr. Ijams said the mob would have three or four months
work and it might take them all summer. When the mob
got through with Wyoming, Ijams said the association had
raids planned for other parts of the country. Ijams said the
stock association had 25 or 30 friends in Buffalo and vicinity
who would join the mob when they got in the vicinity of
Buffalo; said the friends of the stock association in Buffalo
were determined men, and that the mayor of the town (a
man I believe by the name of Burritt) was at the head of
their organization. Ijams said the governor and Judge Blake
were back of this movement to wipe the thieves in Johnson
county out of existence. Ijams told me about the United
States marshall helping him plan the raid and said the stock
association had some very warm friends in Congress and the
United States Senate, among whom he said was Senator
Carey, a man of great influence and wealth. Ijams spoke
about the sheriff and his deputies in Johnson county, and
said they were in sympathy with the cattle thieves, and that
he would rather have the sheriff and one of his deputies, a
man I believe by the name of Rowles, hung than any two
s of he knew of. Ijams spoke of Rowles as the affidavit
fiend; said Rowles had caused the stock association a good
deal of trouble by getting out affidavits against some of the
parties the stock association had employed to kill off the
cattle thieves in Johnson county. Mr. Ijams said the stock
association had a great many influential friends all over

160

CONFESSION OF GEORGE DUNNING

Wyoming; he said the association paid no attention to the
courts in Johnson county; that all the courts were on their
side; he spoke about Frank Canton being arrested for killing
Jones and Tisdale, and said the evidence was very strong
against Canton, but that Canton s friends were obliged to
prove an alibi for him; said the affidavits in regard to Can
ton s proving an alibi had been gotten up to fit the case, and
were false as far as the truth of the matter was concerned;
that it was no trouble for the stock association to procure
affidavits to fit any case. Ijams said that if the raid came off
that it would come off before the cattle round-up; he said
that when about 30 of the thieves were killed off that 300 or
400 people who were in sympathy with the thieves would
get up and leave the country the best way they could; that
the people who were in sympathy with the thieves would
leave their stock on the range; that before the raid was over
the stock association would have a round-up of the cattle in
Johnson county and take possession of all the cattle on the
range that belonged to the cattle thieves and their sym
pathizers; that the stock association would ship the beef and
brand over the rest of the rustlers* cattle. Ijams said that if
I and my friends were willing to work with the mob on the
same terms that the stock association were hiring the rest
of the mob in Texas that the stock association would be glad
to have us join the mob in Cheyenne at some future time.
I told Ijams that I thought his terms were very liberal. Ijams
said there would be no trouble about any of the mob getting
their money according to contract. I told Ijams that I was
willing to take the stock association for my pay. Ijams said
it had not been definitely settled yet just when the mob
would leave Cheyenne or just what action the stock associa-

161

THE BANDITTI OF THE PLAINS

tion would take about the matter. Ijams said it would be
necessary for him to return immediately to Cheyenne and
confer with two other men who were officers in the stock
association, who, with him, had the management of affairs
in regard to recruiting a mob to come to Johnson county,
Wyoming, and kill off the cattle thieves. Ijams said his prop
ositions to me were made as an agent of the Wyoming Stock
Growers* Association. And before the association knew just
what they would do about the matter it would be necessary
for the association to hold a meeting at their headquarters
in Cheyenne, and before the mob could start from Cheyenne
to Johnson county, Wyoming, to kill off the cattle thieves,
that it would be necessary at the stock association meeting
for every member of the association or his representative to
endorse the general plan of campaign of Ijams and the other
two officers of the association who were connected with the
recruiting of the mob to come to Johnson county, Wyoming,
for the purpose of killing off the cattle thieves and rustlers.
Mr. Ijams said he would write me a letter once in a while
after he got back to Cheyenne and keep me posted in regard
to affairs. I then left Ijams in Nampa and went to Caldwell,
nine miles west of Nampa. This interview I had with Ijams
in Nampa, Idaho, was on the 7th of March, 1892. Before I
left Ijams in Nampa I asked him what was the general repu
tation of the cattle thieves and rustlers in Johnson county in
the neighborhood where they lived. Ijams said the thieves
the stock association intended to have killed off generally bore
a good reputation in Johnson county and vicinity where they
lived. Ijams said they were not generally considered thieves
or outlaws in Johnson county and vicinity.

162

CONFESSION OF GEORGE DUNNING

After my arrival in Caldwell I did not know hardly how
to regard Ijams proposition. Ijams was perfectly sober at
the time of our interview and seemed to be a very intelligent
kind of a man. I saw Ijams talking in Nampa to one of the
head men of the Ada County Stock Association, a man by
the name of Valentine. I thought the matter over a good
deal. Ijams did not seem to get mad or excited during our
conversation in Nampa, but seemed to talk about the matter
of murdering 30 or more men in much the same manner that
many people would talk about taking a picnic excursion. I
could not think for some time that Ijams was in earnest, he
seemed to have other business in the county besides inter
viewing me. Ijams asked me if I knew a man by the name
of Lamb, in Silver City, Idaho, that used to be editor of
the Silver City Avalanche, and wanted to know if Lamb
was in Silver City or vicinity. I told him that Lamb was in
Delamar, Idaho, about nine miles from Silver City. Ijams
said that he once loaned Lamb $1,500 in St. Louis and that
Lamb had never returned the money. Ijams said he had a
notion to go to Silver City and see Lamb. Ijams inquired
about Lamb s ability to pay the $1,500 and gave up the trip*
I was satisfied that Ijams and some of those fellows in Nampa
were trying to give me a talk on the side to see if I would
not have Ijams arrested in Nampa, Idaho, or make a fool out
of myself in some other way. Ijams while in Nampa had
shown me a list of the men he wanted killed in Johnson
county, Wyoming. Ijams spoke about three of the Ninemeier
(sic) brothers who had killed three men at Silver Mountain,
Idaho, and said they had been recommended to him as the
right kind of men for his business. The governor of Idaho

163

THE BANDITTI OF THE PLAINS

had offered $1,500 each for the capture o the Ninemeirer
brothers that murdered the three men in Silver Mountain,
Idaho.

When I was at Caldwell waiting to get paid for my work
about the 79 mine I thought over Ijams* proposition a good
deal. I could not conceive how any one had any reason to
think that I and my friends were so diabolically inclined as
to join a mob and go to a distant part of the country and
engage in the business of murdering men by wholesale who
stood in the same position before the Wyoming Stock Grow
ers Association that I and my friends a few years ago did to
the Owyhee County Stock Association in Idaho. I and my
friends in Idaho are about the only ones that ever had any
trouble with the stock association in Owyhee county, Idaho,
The stock association dealt us a good deal of aggravation for
nearly two years, a large amount of which was blackmail,
and some of the wretches had not quit lying the last I heard
from them. While the stock association was in existence in
Owyhee county, I took a very active part in dealing the in
stitution misery. I and my friends took a very active part in
prosecuting and trying to bring to justice some of the per
jurers and assassins whom we claim were in the employ of
the stock association. I have gone to a good deal of trouble
and expense in Idaho to work a hardship upon that mis
guided and unfortunate institution of a stock association
during its short and melancholy existence in Owyhee county,
Idaho. The more I thought of Ijams propositions the more
I became convinced that Ijams had been imposing on me
with his stories in regard to killing off the cattle thieves in
Johnson county, Wyoming. When the members of the
Owyhee County Stock Association in Idaho were talking

164

CONFESSION OF GEORGE DUNNING

unusually wicked and seemed to be thirsting for gore, I and
some o my friends formed an association for the purpose of
bringing to justice any of the members of the stock associa
tion who should do a small stockman an injustice. And we
intended to bring to justice any criminals that might be in
the employ of the stock association, and we were quite suc
cessful in running down some of the criminals in the employ
of the stock association. Our association was an organiza
tion for the mutual protection of the small stockmen. We
were to brand each other s stock when convenient and favor
each other in other ways. Our association I have every reason
to believe is in as good running order to-day as it ever was.
We call it the Owyhee and Bruneau Stock Association. Soon
after my interview with Ijams in Nampa, Idaho, I saw a
friend of mine in Caldwell by the name of Henry Dement,
who was a member of our organization, for running down
vigilantes or criminals in the employ of the stock associa
tion of Owyhee county, Idaho. I spoke to Dement about the
propositions that Ijams had made to me in Nampa; Dement
said it would be a good idea for me to keep my eyes open;
that the stock association was strong in Wyoming, and it
was hard telling what they would do in that country. After
I saw Dement I thought the matter over a good deal and
came to the conclusion that as far as Ijams proposition to
me was concerned, that the whole business was a fake. I
could not conceive how Ijams could imagine that I and my
friends were composed of the right material for a mob. I
could not think of any circumstance that any of us had ever
been accused of that would justify Ijams in arriving at his
conclusions. After a couple of weeks I got two letters from
Ijams, saying he would keep me informed when he wanted

165

THE BANDITTI OF THE PLAINS

me and party to start for Cheyenne, and he would let me
know the number of men to bring with me. When I had
my first interview with Ijams I knew nothing about any of
the troubles in Johnson county, Wyoming. After I got my
second letter from Ijams I began to pay some attention to his
stories. After I got my second letter from Ijams I went to
Boise City to see about getting my pay for my work about
the 79 mine; on my way to Boise City and in Boise City I
met several men who had lately come from Johnson county
or vicinity. I inquired about the state of affairs in Johnson
county in regard to the cattle business. One of these men I
had a talk with was Bob Gunnall, a noted foot-racer, and
bartender at the Wilson Hotel in Nampa, Idaho. Gunnall
said he was just from Johnson county and vicinity; came
from there about six months ago. Gunnall told me about the
killing of Jones and Tisdale, and about the state of affairs
generally in Johnson county, Wyoming. Gunnall was very
bitter against the Wyoming Stock Growers* Association, and
said the association had spent thousands of dollars for the
purpose of hiring professional assassins in Texas and other
places to come to Johnson county, Wyoming, and vicinity
and shooting law-abiding people in the back. Gunnall said
the people of Johnson county were wild with excitement on
account of the murders that had been committed upon peace
able and law-abiding citizens in Johnson county by assassins
in the employ of the Wyoming Stock Growers* Association.
Gunnall spoke well of the people of Johnson county and
vicinity; said that as a rule they were as law-abiding a class
of people as could be found anywhere; that he believed there
was less stock stealing going on in Johnson county than there
was in most any county anywhere where there was as much

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stock as there was in Johnson county. I asked Gunnall if he
did not think the stock association would attempt at some
time to hang up some o the people of Johnson county the
way the stock association of Montana hung up the so-called
thieves in that state eight or nine years ago. Gunnall said it
would be just as good a thing as the people of Johnson county
would want for the stock association to turn a mob loose in
Johnson county; that a mob of 2,000 men could not intimi
date the people of Johnson county. The other men I saw and
had conversations with seemed to have about the same idea
about matters in Johnson county, Wyoming, that Gunnall
did; they all spoke of the people as a law-abiding class of
people, and all agreed that the Wyoming Stock Growers*
Association of Cheyenne had been importing assassins from
Texas and other places to Wyoming for the purpose of shoot
ing people from ambush whom the stock association styled
rustlers or cattle thieves. After I had my conversation with
Gunnall and others in regard to the cattle business in John
son county and vicinity, I began to think that Ijams might
have been in earnest to a certain extent in regard to his
propositions to me. I was convinced of the utter hopelessness
and foolishness for the stock association to ever send a mob
to Johnson county, if Ijams meant anything by his proposi
tions to me. I supposed he meant to recruit an outfit of men
and have them go to work in Johnson county in his cow
outfit, and then see, after he was well acquainted with his
men, how many men he could select out of the outfit that
were of the same stripe that Frank Canton had been repre
sented to me to be. I began to think Ijams was in earnest. I
stayed in Boise City several days and tried to get my pay for
my work in the 79 mine, and tried to get money from other

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sources, and spoke to some of my friends, Henry Dement
and Frank Speelman, about rustling money for one of them
to come to Johnson county, Wyoming, and let certain parties
know about Ijams 5 proposition to me. I could not get the
money to send a man ahead in time to inform the authorities
in regard to Ijams propositions to me. It did not used to
be any trouble for me to borrow a few hundred dollars in
Idaho. I most always had money when I was engaged in the
cattle business. But during the last few years that I have
been mining and doing other work, I have gone broke on
pretty nearly every project I have tackled. I had $1484 com
ing to me for my work about the 79 mine; I have not got
any of the money yet; I soaked my revolver in Caldwell in
a pawn shop to get money to go to Boise City on, and try to
rustle money in order to send a man ahead to let certain
parties in Johnson county know what propositions Ijams
had been making to me; I never got my six-shooter out of
soak until Ijams sent me the money to come to Cheyenne.
I left the letters that Ijams sent me with Henry Dement, of
Caldwell, Idaho. I talked the whole matter over with
Dement and others, so that if the mob came into Johnson
county or were captured on the way they could not make
any bull story stick in regard to their coming to Johnson
county with peaceable intentions. Ijams always represented
to me that the first thing the stock association had to do was
to kill off the rustlers and then the stock association would
have a round-up of the cattle in Johnson county before the
mob left the county, and that the stock association would
appropriate all of the rustlers cattle and horses and all stock
that belonged to the sympathizers of the rustlers. Before I
left Idaho I tried to get Bob Gunnall to come to Cheyenne

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CONFESSION OF GEORGE DUNNING

with me. I was satisfied from what I heard that Gunnall was
well acquainted in Cheyenne and had relations living there
who were well fixed and could let Gunnall have the money
to come ahead and inform the authorities in Johnson county
in case we had reason to believe that the outfit that was to
leave Cheyenne was a mob and were coming to Johnson
county with the intention of killing off the rustlers. I told
Gunnall that I was confident that we would capture enough
of the criminals in Cheyenne to pay us handsomely on ac
count of certain parties I expected would be in Cheyenne
with the mob about the time we got there that had large re
wards offered for their capture. Gunnall said he would like
to come, but I would make it all right any way, and that he
was badly in debt in Nampa and could not leave the country
until he squared up; that he had to go to Delamar right away
and run a foot race; that it would be $1,200 or $1,500 in his
pocket to run the race.

I arrived in Cheyenne, April 2nd, 1892; I came in on the
5 o clock afternoon train; I was in town five or ten minutes
when I met Ijams on the street; he said he was just looking
around and was expecting to see me and a party from Idaho.
He asked me how many men I had brought along with me;
I told him that I was obliged to come alone this trip, as I
and my friends were expecting a good deal of trouble in my
part of the country, and it would be necessary for every one
of my friends to get to the front if matters took the turn that
we expected they would; he said that we would get along
nicely any way; that Smith had no trouble in getting the
number of men in Texas that he wanted at the rates the stock
association offered, $5 a day wages and all expenses paid by
the association, and $50 bounty to be paid to each hired man

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THE BANDITTI OF THE PLAINS

for every man that was killed in the raid made by the mob
in Johnson county or vicinity. I said that the terms were the
same as we had talked about at Nampa; Ijams asked me if
the terms on which the stock association had hired the men
in Texas were satisfactory to me. I told him I thought the
terms of the association were very liberal. He said if I chose
to remain in the country after the raid that the stock associa
tion would be able to offer other inducements to me. He
then asked me if I had brought my bedding and saddle or
my guns. I told him that I brought nothing with me but
my revolver. He said that he would go around town with
me to-morrow and show me the stores where the stock
association generally did their trading, and he would make
arrangements for me to get anything I needed in my line,
and have it charged to the stock association. Ijams said he
would have plenty of time, that we could not start as soon as
he thought we would when he sent me the letter to CaldwelL
Ijams said the men from Texas would not come from Denver
until the Wyoming Stock Growers* Association had held
their meeting. Ijams said the coming meeting of the Wyo
ming Stock Growers Association would be the most im
portant meeting of the kind ever held in this Western coun
try. Ijams said it would be necessary for every member of
the Wyoming Stock Growers* Association to be present at
the next meeting or to be represented by proxy, and that it
would be necessary for every one of them to endorse the
general plan of campaign of Ijams and two other officers of
the association who had charge of the arrangements for re
cruiting a mob of men for the purpose of coming to Johnson
county, Wyoming, and killing ofiE the rustlers. Ijams then
asked me if I had a hotel that suited me. He said I could stop

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CONFESSION OF GEORGE DUNNING

at the Inter-Ocean or the Metropolitan, and that the stock
association would settle my bill; he said that there were a
number of stockmen who were going on the raid to pilot the
mob through the country stopping at those two hotels. I
told Ijams that I had on my working clothes and I would
rather stop at some cheaper hotel. He said all right, to suit
myself, to knock around town and enjoy myself the best I
knew how, and if I wanted a suit of clothes or money I
could have them, and that I would want to get me a good rig,
that I was now working for a rich firm and that at the figures
I would get for my work that it would not take me long to
pay for a good outfit, and that one average killing for the
mob would pay for a first-class rig and probably more. Ijams
and I then parted; I went over to the Dyer house, a 25-cent
hotel, and registered my name. After supper, about 8 o clock
in the evening, I met Ijams and two other men on the streets ;
Ijams introduced the two men to me as Mr. Morrison and
Mr. Tabor. He said Morrison and Tabor would show me
around the town. I had a long conversation with Morrison
and Tabor that evening. They said they had been in the
employ of the stock association for a number of years as
stock detectives; they said they had worked for the stock
association so long that the association thought they owned
them. They said they were going along with the rest of the
mob when they left Cheyenne to go to Johnson county to
kill off. the rustlers. They said the mob would first come to
Buffalo and kill oE what men they wanted in town, that they
would shoot or hang up the sheriff and his deputies and
would depose the civil authorities and keep possession of
the town until the stock growers association could have their
own officers to take charge of the courts of Johnson county.

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THE BANDITTI OF THE PLAINS

They said the mob would have to do a good deal of fighting
in Johnson county; but when the mob cleaned up Johnson
county that it would raid Natrona, Sheridan and Converse
counties, and would meet with little opposition in those
counties and in the Sweetwater county; that the rustlers out
side of Johnson county were unprepared to make a fight, and
were not expecting anything, and that all the mob would
have to do would be to hang them up as they come to them.
Morrison and Tabor said the mob would have its hands full
in Johnson county; that last fall the Wyoming stock grow
ers had employed four men to kill off a number of rustlers;
that these four men made an assault on a man by the name of
Champion and Gilbertson, on the Powder river; said these
four men intended to hang Champion and Gilbertson in their
cabin; that they went into the cabin about daylight and told
Champion and Gilbertson to give up, that they had got them
this time; that while these four men were holding their re
volvers on Champion and Gilbertson that Champion got his
revolver and shot one of the party up the coat sleeve and the
other through the short ribs; that the party then retreated
leaving their horses, overcoats, bedding, some grub and a
Winchester that Tom Smith had at one time made Frank
Canton a present of. I understood Morrison to say that the
parties to the assault on Champion and Gilbertson were
Frank Canton, Joe Elliott, Tom Smith and Fred Coats; they
said that last fall after the assault on Champion and Gilbert-
son, that there were two men killed near Buffalo by the name
of Jones and Tisdale; they said that the party that killed
Jones and Tisdale was in the employ of the stock association;
they said that Champion and others knew who these men
were that were in the employ of the stock association, and

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CONFESSION OF GEORGE DUNNING

that the mob would do all witnesses up that knew of any
facts that would tend to criminate any of the parties who had
been in the employ of the association for the purpose of
killing off the rustlers; they said the stock association had
offered these four men in their employ for the purpose of
killing off the rustlers $ 1,500 for each man killed. They asked
me what arrangements I had made with Ijams in regard to
my wages during the raid of the mob in Johnson county. I
told them I had not made any definite arrangements yet, but
that I would work the same as the rest of the mob. They said
that the Stock Growers* Association had told them that they
were hiring the Texas men on the basis of $5 a day wages
and all expenses paid by the association, and $50 bounty to
be paid to each hired man of the outfit for every man that
was killed by the mob; they said the stock association told
them they would give them the same rates, but if any of the
mob were getting more, that they wanted the limit; that they
did not want to work cheaper than the rest of the mob on
account of their having been in the employ of the stock
association for a number of years. Tabor said he was in the
Powder river country, in Johnson county, last fall; that the
men who were in the employ of the stock association for
the purpose of killing off the rustlers had terrorized Johnson
county to such an extent that everybody carried Winchesters
and six-shooters wherever they went, and that when the
settlers were going to Buffalo, if they were on horseback,
that they hardly ever traveled the main roads, and that they
always tried to ride around the gulches and bunches of brush.
Tabor said the settlers seemed to think that the stock asso
ciation had a man hired to stand behind every bunch of
brush or rock in the country for the purpose of taking their

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THE BANDITTI OF THE PLAINS

scalps for the bounty that was offered by the stock associa
tion. Tabor said his business in Johnson county was looking
out the country and keeping cases on rustlers. He said that
a liquor or dry goods drummer could not come into Buffalo
without the settlers thinking that he was in the employ of
the stock association and had his valises loaded with dyna
mite for the purpose of blowing them up*

This is the substance of my interview with Morrison and
Tabor the first night I was in Cheyenne.

On the morning of the 3rd of April I met Ijams on the
street; I told him that I was looking around town to see about
getting me a Winchester. He said he had just bought me one
that morning, a 4590 Browning Brothers patent. He said
the outfit would get all their guns at one store, and that the
stock association would foot the bill. I went over to the store
to look at my gun. I saw a number of stockmen getting guns
and ammunition, among whom were H. W. Davis, D. R.
Tisdale, J. N. Tisdale and others. The next day I got me a
saddle and the rest of my rig. The day I got my gun I saw a
man in the gun store April 3rd, when I was looking at my
gun. His name was Fred Wombold. He said he used to scout
for the government with a man by the name of Ketchum,
brother of the man that was lynched by the Olive outfit in
Nebraska. We had a long talk about mob law generally, and
Wombold said he had been watching things around the gun
shop, and that the stockmen had already bought over 20
guns there that day, and that they were organizing a mob to
come to Johnson county to kill off the rustlers* I told Wom
bold when the mob would leave Cheyenne. He gave me to
understand that he would come ahead of the mob and in
form the authorities in Johnson county. There was a good

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CONFESSION OF GEORGE DUNNING

deal of excitement at the gun store when the mob got their
guns. Ben Morrison and Tabor told me that the whole town
was onto the racket of the mob going to Johnson county.
They said that all the officials in Cheyenne were friends of
the stock association, and we would not be molested on that
account. I asked them if the soldiers were not liable to hold
up the train when the mob got opposite Fort Russell. They
said that Governor Barber had the running of the soldiers
and he would not allow them to molest the mob; that Barber
had helped plan the raid the mob was about to make, and
that the officers at Fort Russell were friends of the stockmen.
On the evening of the 3rd of April I got acquainted with
a man by the name of Mike Burns from Buffalo. We had a
long talk about the mob; he told me he would start for Buf
falo on the morning train and would inform the authorities
in regard to the mob. On the 4th of April I helped to brand
the horses that the mob left Cheyenne with; there were three
carloads of them; they were branded AL on the left shoulder.
When we were branding horses I was introduced to Joe
Eliot, Van Tassal, Ewing, Clark and others. When we were
branding horses there was a good deal of talk about the state
of terror the settlers of Johnson county were in on account
of the depredations that had been committed upon the set
tlers by Elliott, Canton, Tom Smith and Fred Coats. There
was a good deal of talk about the necessity of killing off all
men who were witnesses against Elliott, Canton, Tom Smith
and Coats. These were the four men that it was claimed were
in the employ of the Wyoming Stock Association for the
purpose of killing off the rustlers last fall. It seemed to be the
general opinion among the gang at the stock yards that if
the mob could kill off about 30 rustlers in Johnson county

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THE BANDITTI OF THE PLAINS

that it would terrorize the settlers in such a manner that 300
or 400 settlers that owned stock and were in sympathy with
the rustlers, would leave the country the best way they could,
and the stock association would have no trouble about ap
propriating their stock, together with the stock of the rustlers
the mob intended to kill.

On the gth day o April I helped to load the three wagons
and the three carloads o horses, and the baggage that be
longed to the mob; a man by the name of Van Tassal bossed
the job. I saw Ijams again on the afternoon of the gth of
April. He said the Wyoming Stock Association had held
their meeting; he said the stock association had approved of
the general plan of the campaign of his (Ijams) and the other
two officers of the stock association who had charge of the
arrangements for recruiting the mob and of the general plan
of killing the rustlers. He said the mob would get along
nicely; that every man that was a member of the Wyoming
Stock Growers Association was backing up the movement;
that Governor Barber, Judge Blake, the United States mar
shal and nearly all the state officials were on the side of the
stock association, and would stay with the mob through thick
and thin. He said the mob had some very influential friends
in Congress and in the United States Senate, among whom
he said were Senators Carey and Warren, whom he said were
men of great influence and wealth. I asked Ijams if he
thought the outfit might not be arrested at Fort Russell on
the way to Casper. He said there was no danger; that Gov
ernor Barber and Senators Warren and Carey would man
ipulate the troops; that the troops could not be called out
except for the protection of the mob, and that the mob would
be able to take care of itself, and that the officers at Fort Rus-

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CONFESSION OF GEORGE DUNNING

sell were friends o the stockmen. I asked I jams how about
the troops at Buffalo. He said the troops at Buffalo were an
outfit of sons of b ; that they had been stealing beef from
the stockmen for years, and that the officers at McKinney
upheld them in committing their depredations; that the
soldiers at McKinney would invest the amount they saved
by not drawing beef rations in luxuries, and the soldiers at
McKinney were able to eat plum duff three times a day.

Ijams said that arrangements had been made to watch the
soldiers very closely at McKinney and see that they did not
desert or steal a Catling gun and join the rustlers. He said
that parties in Buffalo would look after the soldiers so close
ly at McKinney that they would be perfectly harmless so far
as the mob was concerned. About 6 o clock in the evening
the mob left on the train for Casper. Before leaving the stock
yards the mob in Cheyenne were joined by the mob from
Texas that came on the train from Denver. I think there
were about 52 men on the train when the mob left Cheyenne.
There was no excitement on the train until after dark, when
orders were given for every man to get a rope and to have
his guns ready. The leaders of the mob said the sheriff from
Buffalo and one or two of his deputies might be coming on
the train from Casper to Cheyenne; that a good many people
in Cheyenne had known for some time the mob would start
for Johnson county and that the people in Buffalo might
have heard about the mob, and the sheriff and one or two
deputies might be coming to Cheyenne to see what they
could find out. The leaders of the mob said arrangements
had been made so the mob would know if the sheriff and
party were on the train, and if they were they said it would
change the plans of the mob altogether. That it would be

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THE BANDITTI OF THE PLAINS

necessary for the mob to stop the train from Casper if the
sheriff and party were on and to hang the sheriff and his
deputies and any rustlers that might be on the train. The
leaders of the mob said there were several rustlers in Casper
that they would hang up if they were obliged to capture the
sheriff and party from Buffalo, but if sheriff and party were
not on the train from Casper that the mob would go direct
to Buffalo without interfering with any one. Before the train
the mob was on met the train from Casper the leaders of
the mob reported that sheriff and party were not on the
train from Casper. The train the mob was on arrived at the
stockyards near Casper a short time before daylight and
commenced to catch and saddle up their horses. By the time
the part of the mob left the stockyards that had their horses
in the last of the three cars the sun was about one-half or
three-fourths an hour high, and parties in Casper seemed to
be watching the mob closely. Some of the mob said there
were several rustlers in Casper from Johnson county that
they ought to hang, but they did not want to make any
disturbance until they got to Buffalo. They said if the mob
caused a disturbance in Casper the sheriff in Buffalo would
swear in 100 or 200 deputies and come to meet the mob in
the Powder river country. The mob said the only way they
could succeed was to come to Buffalo and kill off the sheriff
and his deputies, so that the citizens would have no leader
and no law in the country to protect them. The mob came
about six or seven miles north of Casper and stopped for the
wagons to come up in order to get breakfast. The mob
stopped in camp until about i o clock. About noon several
of the mob went out and brought in a horseman. The mob
said they intended to kill all rustlers that they would capture

CONFESSION OF GEORGE DUNNING

on the road. They held the horseman prisoner for about
half an hour. He was unarmed and proved to be a man that
was riding after sheep. They took him along prisoner for
six or seven miles north of where they camped at noon and
turned him loose, after making him promise to say nothing
about seeing the mob in the country. The first night out from
Casper, the night of the 6th of April, the mob camped about
20 miles north of Casper. On the morning of the 7th of April
they were called together and told that hereafter the Texas
part of the mob would be in command of Tom Smith, and
the rest of them would be in command of Frank Canton;
for them to obey orders and ask no questions* About 10
o clock on the morning of the 7th of April the mob stopped
a young man from Buffalo by the name of Kingsbury. They
said he was a sheep man s son. He was allowed to go his
way. About noon on the 7th of April they camped about 30
miles north of Casper and got dinner. From there they left
the wagons and arrived at John Tisdale s on the night of the
7th of April about 8 o clock in the evening, the weather was
very stormy. About 10 or 12 miles before the mob got to
Tisdale s ranch they were met by Mike Shonsey, who in
formed them that at a ranch on Powder river there were 15
or 1 6 rustlers. I could not get any information at the time
just what ranch it was the rustlers were at, or in just what
part of the country the ranch was, but I have since learned
that the ranch that Shonsey meant was the K. C. ranch, on
the middle fork of Powder river. The Texas part of the
mob stopped in the bunk-house at Tisdale s ranch; the stock
men stopped at the residence. I was with the Texas party.
On the morning of the 8th of April we were told by the
leaders of the mob that we would lay over at Tisdale s place

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THE BANDITTI OF THE PLAINS

that day and wait for the wagons to come up and the men
would have a chance to rest. The Texas men were about
played out. In the afternoon we were told that the leaders
had decided to make a raid on the rustlers on Powder river,
about 1 6 miles from Tisdale s. The leaders in the evening
gave orders for the mob to kill every man on this ranch they
proposed to raid, and to leave no man alive about the ranch
to tell any tales afterwards, no matter who he might be. The
wagons arrived at Tisdale s ranch about 5 o clock the evening
of the 8th of April.

After the wagons arrived at Tisdale s we were told by the
leaders that it would be the last place we would probably see
the wagons unless by an accident the teamsters were able
to deceive the rustlers and get through to Buffalo; that for
every man to get what ammunition and blankets he wanted
to take along with him; that after raiding the ranch on the
Powder river the country would be full of straggling rustlers,
and the chances were they would capture the wagons. About
7 o clock in the evening four men were detailed to go to the
ranch on Powder river and keep off a safe distance and see
if the parties who lived at the ranch had left or not. I man
aged to get one of the Texans, who was detailed for the oc
casion, to let me go in his place. I had caught my horse and
started to saddle up, when Wolcott came down from the
house and said I could not go along with the party to in
vestigate matters. He said the men that were detailed for
the occasion would have to go, and that us fellows would
have to learn to obey orders better and ask less questions.
If I had gone along with the party of four to investigate
matters at the K. C. ranch I intended when we got in sight
of the K. C. ranch to get off my horse and empty my Win-

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CONFESSION OF GEORGE DUNNING

Chester at the rest o the gang and then to go down to the
house and inform the parties who were living there as to
the state o affairs in their part of the country, Mike Shonsey,
Jack Jones, Elick Kinzie and one of the Bookers left Tis-
dale s ranch to investigate matters at the K. C. ranch, on the
middle fork of Powder river. They were to meet the balance
of us four miles south of K. C. ranch, after they had investi
gated matters and let the rest of the mob know how every
thing was running about the ranch.

The mob left Tisdale s ranch about n o clock on the
night of the 8th of April and stopped several hours in a gulch
on the road about four miles from K. C. ranch and waited
for the return of Shonsey and party. Shonsey and their party
finally returned to the gulch where the balance of the mob
were waiting, and reported everything all right at the K. C.
ranch; they said the parties were not expecting anything, and
that they were playing the fiddle and having a good time
generally. Shortly after the return of Shonsey and party the
mob started for the K. C. ranch. Joe Elliott had about 10
pounds of giant powder tied behind his saddle. It was the
intention of the mob to blow the house at the K. C. ranch
up with the giant powder and to shoot any of the men who
showed up in sight at the K. C. ranch after the explosion.
But the mob got up to the K. C. ranch too late to use the
powder. It was breaking day when we got in sight of the
ranch; about the time the mob saw the K. C. house the
leaders of the mob, Major Wolcott, Frank Canton and Tom
Smith, called the mob to halt, pointed out to the K. C. house
and said the parties they proposed to kill were living there
and that they did not intend to allow any man that was about
the place to get away alive. They said the mob were too late

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THE BANDITTI OF THE PLAINS

to use the giant powder; that they would have to surround
the house and let the parties come out as far as possible and
then they would shoot them down. The leaders then ordered
six men to go on the south side of the K. C. house and con
ceal themselves in a gulch in order to shoot any parties that
might show up in sight. The six men ordered to take a po
sition in a gulch south of the K. C. house were Mike Shonsey,
Jack Jones, Elick Kinzie and three of the Bookers. The bal
ance of the mob went to the river and left their horses in
charge of a part of the mob at the river about one-half mile
above the house; a part of the balance of the mob went down
the river from where they left the horses and hid behind the
bank of the river for a distance of about 100 yards above the
bridge, and the rest of the mob went to the stable, and some
of the mob were concealed in the stable and to the left of the
stable; and some of the mob were behind the end of the stable
next to the river* When daylight come John Tisdale and I
noticed a wagon in front of the K. C. house; Tisdale said
that the party at the house had company.

I told Tisdale that the visitors might be friends of the
stockmen who were traveling through the country, and were
obliged to stop all night at the ranch. I told Tisdale that I
did not hire out to kill men as I came to them, and I thought
it would be a good idea if we found out who the strangers
were at the K. C. house. Tisdale said he would like to find
out who the parties were, but it would not be safe to go to
the house. I told Tisdale that I would take chances on going
to the house; that I would go a-foot and tell the parties at
the house that I came from Buffalo and was going to the rail
road to leave the country. Tisdale said all right, for me to
go to the stable and tell the men at the stable about it. I went

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CONFESSION OF GEORGE DUNNING

to the stable and told Canton and Wolcott that Tisdale was
satisfied that the parties at the house were friends of his, and
that he told me to go to the house and investigate. Wolcott
and Canton said that Tisdale must be crazy; that they would
allow no man to go to the house; that if the parties at the
house were friends of his that the chances were they would
be out of luck. If I had gone to the house I intended to in
form the parties at the house about the mob, and I intended
to stop at the house and not return. I was satisfied with what
Joe Elliott and others had told me that the mob could never
dislodge the parties in the house. I never heard them say
anything about running a wagon against a house to burn it
down, but I was afterwards told that the plan was studied
up in Cheyenne over a year before the mob started. After
my talk with Wolcott and Canton about going to the house,
I went back along the river bank to where I had left Tisdale*
Orders had been given by the leaders for every man to carry
but five cartridges in his six-shooter and to have no loads in
his Winchester; it was claimed that at the time that Joe
Elliott and party made the assault on Champion and Gilbert-
son, that the party were waiting in the brush for Champion
and Gilbertson to come out of the house so they could shoot
them, and that one of the party let his six-shooter fall on the
ground, and that it went off, and the party were obliged to
make an assault on them for fear they might have heard the
gun and would get to thinking the matter over and would
not come out of the house. The leaders said that if any of
the gang did not want their heads shot off they had better
not allow any guns to go off accidentally. The mob lay in
ambush at least two hours before any one showed up at the
house; then one man came out and went back into the house

THE BANDITTI OF THE PLAINS

again. In about 15 minutes afterwards an old man came out
of the house with a water bucket in his hand and came
straight towards the river. I kept showing up all that I
thought was necessary, when I saw the two men appear, but
the old man kept coming right straight for the river. When
he had got behind the bank of the river Frank Canton, Joe
Elliott, Ben Morrison, Tom Tabor and Tom Smith took
the old man prisoner and had one of the Texas kids guard
him down in under the river bank, just below the bridge.
In about half an hour after the capture of the old man two
men came out of the house and seemed to be on the lookout
from their appearance. I thought they were aware there was
something wrong. I kept dodging up so they could see me,
and the largest man of the two went in the house in a rush.
And the young fellow stood around awhile and seemed
to be watching in the direction of the river. I showed up
again in sight. The bank was poor protection where I was.
The young fellow had just gone in the house and I ex
pected they would begin shooting from the house. I left my
position and went up the river about 40 yards to where John
Tisdale was at a cottonwood tree. The young fellow showed
up again and came out of the house and picked up a club
and began whittling on it and coming toward the river. He
seemed to be on the lookout all the time. It took him about
half an hour to come from the house to the stable. He was
then taken prisoner by Canton, Elliott and party. Shortly be
fore the young man got to the stable the big man came out
of the house. I showed up again and took a good look at
him, and asked Tisdale who he was. Tisdale said he did not
know the man; that he was not wanted by the mob. The
big man came out to where there was a big cottonwood tree

184

CONFESSION OF GEORGE DUNNING

and took an ax in one hand and began cutting the bark high
up on the tree. Shortly after the arrest of the young man the
big man quit cutting the bark on the big tree and walked
over near a smaller tree. He had been there for perhaps 10
minutes, when there was a shot fired from an aperture in
the stable that was used to throw out the manure. Almost
at the same time that the first shot was fired from the stable
the men stationed at the north end of the barn commenced
firing, and those men stationed in different localities fired
about the same time. The big man staggered and fell. The
mob kept up a continual fire, and the big man commenced
crawling on his hands and knees towards the door of the K.C.
house. After the mob had fired perhaps 100 shots there was
a man appeared in the door of the house, in plain view, and
began shooting toward the stable. He fired a number of shots
and went out of sight in the house. He disappeared only for
a moment and then came out in full view and began shoot
ing again. During this time the mob kept up a constant fire
and the big man that was shot near the house kept crawling
toward the door. By the time the big man got near the door
of the house the small man had shot 10 or 20 shots. The
small man then put down his gun and pulled the big man
in the house. The mob kept shooting at the house for the
balance of the day, and there was a good many shots fired
from the house. The mob claimed that the first man shot
was Nate Champion. The mob kept the house surrounded
and sent to a ranch to get a wagon load of hay to run against
the K. C. house to burn it down, but the men came back that
had been sent after the wagon and reported that the wagon
was away from home. About 3 o clock a man and a boy
came along the road. The man was horseback and the boy

THE BANDITTI OF THE PLAINS

was driving the team. The mob told them to throw up their
hands and immediately began firing at them. They whipped
up their horses, and after going a mile or so they took a horse
out o the harness, the boy mounted the horse, and they
made their escape, closely followed by some o fthe mob, who
fired a good many shots at them. The mob captured the
wagon and horse left behind by the boy and man. They
brought the wagon down to the stable and loaded it with
brush, hay and wood and pitch pine. Major Wolcott, A. B*
Clark, John Tisdale, Tom Smith and James Dudley then
run the wagon against the K. C. and set fire to the hay and
shavings on the wagon. The house soon caught fire. There
had not been a shot fired from the house for over an hour
before the wagon was run against the house. The mob
thought that both men in the house might be dead.

In about half an hour after they had run the wagon
against the house and set fire to it, a man ran out of the
south end of the house and continued running south* The
mob at the stable and vicinity kept up a continual fire on the
man that came out and was running south. After the man
had run about 200 yards and was nearly opposite a part of
the mob who were concealed in a gulch south of the house,
the mob at the stable and vicinity quit firing, and the part
of the mob who were concealed in the gulch south of the
house raised up and began firing and killed the man who
came out of the house at the K. C. ranch* The man that was
killed in the gulch south of the K. C. house the leaders iden
tified as Nate Champion. They said they were mistaken
about the first man that was shot in the morning. They said
that when they captured the teamsters, Jones and Walker,
that Walker told them that there were only two men at the

186

CONFESSION OF GEORGE DUNNING

house, Ray and Champion. The mob said the first man shot
in the morning must have been Nick Ray. Tom Smith, o
the mob, went through Champion s pockets and found a
memorandum book, with sketches o the fight at different
times during the day* One o the mob took Champion s six-
shooter and belt. After Champion s pockets had been rifled,
Sam T. Clover, at the request of some of the mob, Tom
Smith, Joe Elliott and others, wrote upon a piece of paper,
"Beware, Cattle Thieves I" and buttoned the piece of paper
upon Champion s vest. Tom Smith, Elliott and others of the
mob said they wanted that piece of paper left on Champion s
body so that when his friends found him that they would
know what he was killed for, and so that his friends would
know what to expect if they stayed any longer in the country.
After the mob had killed Champion and Ray at the K. C.
ranch we took supper at the wagons, about half a mile above
the K. C. h6use, on the river. After supper we started for
Buffalo. About six or seven miles from the K. C. ranch we
changed horses and kept on the road to Buffalo until near
a place known as Carr s ranch, where we saw a bright fire
burning about half a mile ahead. Some one in the direction of
the fire let a gun go off. We then left the road and turned to
the left and cut a wire fence and went through a large field,
and came into the road again and followed the road to the
28 ranch, where we got some coffee and bread and took two
hours rest in the loft of the stable. We then started for Buf
falo on the morning of the loth of April, and came a short
distance toward Buffalo from the TA ranch, when Ford,
who had gone to the TA ranch to get a change of saddle
horse for one of the mob by the name of Dudley, came riding
up to where the mob had halted, and reported that Dudley s

THE BANDITTI OF THE PLAINS

horse had bucked with him and thrown him, and that his
Winchester fell out of the scabbard and was discharged about
the time that Dudley fell from his horse, and shot Dudley,
breaking his leg. The leaders claimed that arrangements had
been made with parties in Buffalo to meet them a short dis
tance from Buffalo and inform them as to the state of affairs
in Buffalo. While we were talking about what to do with
Dudley a man rode up to us. He came from the direction
of Buffalo.

This man informed the leaders that there were over 200
settlers in Buffalo up in arms against the mob, and that the
settlers were deputized as a sheriff s posse for the purpose of
arresting the mob. This horseman informed us that the
sheriff was in the Powder river country with a posse looking
for the mob. This horseman said that the parties that had
charge of the arrangements for assassinating the sheriff at
Buffalo had intended to kill the sheriff on the night of the
9th of April, in order to keep the sheriff from organizing
sheriff posses before the mob could get to Buffalo. But the
horseman said that a man from Powder river had rode into
Buffalo on the afternoon of the gth of April and reported the
fight at K. C. ranch, and the man said that the sheriff had
organized a posse and started to Powder river before the
parties who had intended to kill had an opportunity to do
so. The mob turned back and went to the TA ranch and
fortified. The leaders claimed the reason they were fortify
ing at the TA ranch was on account of their plans mis
carrying in regard to the killing of the sheriff on the night of
the 9th of April. The mob intended to kill the sheriff and
his deputies, if they first made a raid on Buffalo. But if the
mob should get in a fight on the road to Buffalo, so that

188

CONFESSION OF GEORGE DUNNING

there was a chance for the people in Buffalo to hear about
the mob being in the country before they had time to get
to Buffalo, they claimed to have made arrangements with
certain parties in Buffalo to assassinate the sheriff and his
deputies in order to prevent them from swearing in a large
posse of men for the purpose of arresting the mob. About
12 o clock a party of 15 or 20 men were seen by the mob a
short distance from the TA ranch going on the road towards
Buffalo. The leaders of the mob said the party were the
sheriff and posse and gave orders for every man of us to
conceal himself and to keep out of sight until the sheriff
and posse came up so close that we could see the white of
their eyes from the stable, and then the leaders of the mofy
said for us to open fire on the sheriff and posse, and to kill
every one of them. The leaders of the mob claimed that the
sheriff and posse would come to the ranch to demand the
surrender of the mob, but the sheriff s party kept the road
toward Buffalo and did not come to the ranch that day, April
icth, 1892. The leaders claimed that we were safer fortified
at the TA ranch than anywhere. They said the sheriff at
Buffalo would deputize several hundred settlers for the pur
pose of arresting the mob who would have taken no part
in the fight. If the sheriff and deputies had been killed on the
night of the 9th of April, according to the arrangements
made by the mob with certain parties in Buffalo, the leaders
of the mob claimed that it would be impossible for the sher
iff s posse to capture us at TA ranch inside of a week, and
that before that time Governor Barber and Senators Carey
and Warren would manipulate the troops at McKinney in
such a manner that the troops would come to the rescue of
the mob before the sheriff s party could do us any injury. The

189

THE BANDITTI OF THE PLAINS

leaders of the mob were very bitter towards the soldiers at
McKinney, and especially the commanding officer. The
leaders of the mob said they knew the teamsters and wagons
would be captured by the rustlers, and that they had fixed
up a good scheme on the old beef-eating vagabond who was
in command of the troops at McKinney. They claimed they
had told the teamsters to tell everybody that they had orders
from the leader to drive the wagons to the post at McKinney
and turn them over to the commanding officer at the post
according to arrangements that the leaders had made with
the commanding officer to take charge of the wagons a week
before. About 12 o clock two men came from Buffalo and
joined the mob; one of the men was Phil Du Friend and the
other, I understood, was George Sutherland. The men
brought considerable news from Buffalo to the mob. The
mob claimed the cause of their being obliged to fortify at
the TA ranch was on account of the sheriff and deputies not
having been killed, according to arrangements. They claimed
that if the sheriff and deputies had been killed that there
would not have been any officer to swear in posse of men as
deputy sheriffs for the purpose of arresting the mob, and that
the settlers would not have taken the responsibility upon
themselves of turning out and fighting the mob. On the
other hand, the leaders claimed that if the sheriff and dep
uties had been killed, according to arrangements made by
the leaders of the mob, that their friends would have joined
them when we came to Buffalo, and that the expedition
would have been a success instead of a possible failure. These
matters were talked over by the leaders, Du Friend and the
other man from Buffalo.

The leaders explained to Du Friend and the other man

190

CONFESSION OF GEORGE DUNNING

that we would be obliged to fortify and remain at the TA
ranch until Governor Barber, Senators Carey and Warren
sent the troops at McKinney to our rescue* The leaders
claimed that we could stand the sheriff s posse off for a week
if necessary without losing any men, if the friends of the
mob in Buffalo would closely watch the soldiers at McKin
ney and prevent the soldiers at McKinney from stealing out
a Catling gun and turning it over to the sheriff s posse, some
of whom the leaders said were ex-soldiers and knew how to
work a cannon. The leaders told Du Friend and the other
man that the morning of the nth of April they would send
a man from TA ranch to Cheyenne to confer with Governor
Barber and the officers of the stock growers* association in
regard to the predicament the mob was in, and for the pur
pose of making arrangements with the officers of the stock
growers association to have at least 150 men in readiness to
reinforce the mob whenever the officers of the stock growers*
association thought it would be expedient. The leaders ex
plained to considerable length to Du Friend and the other
man that there was yet a show for the mob to make a success
of their raid, if their friends in Buffalo would go to the front
as they agreed to. The leaders told Du Friend and the other
man that there was a show for the troops from McKinney to
come out to the TA ranch in the night to stop the fight. The
leaders explained to Du Friend and the other man that if
some of the friends of the mob could be concealed in a gulch
by themselves near the lines of the rustlers and open fire
upon the troops from McKinney; that the success of the raid
made by the mob depended upon that one circumstance.
The leaders said their friends in Buffalo would have plenty
of time to make their own arrangements in regard to select-

191

THE BANDITTI OF THE PLAINS

ing their ground, so there would be no trouble for them to
get out o the way after they had fired on the soldiers, and
the fight had begun between the soldiers and the rustlers.
The leaders said that if the friends of the mob could bring
on a fight between the soldiers and the sheriff s posse in the
night that the mob would have their horses saddled for the
occasion, and that as soon as the fight began between the
soldiers and sheriff s posse that the mob would mount their
horses and make their escape towards Cheyenne, where they
would be joined by reinforcements, and would come back
and kill every man that had packed a gun against them at
the TA ranch.

The man that came from Buffalo with Du Friend said
he would go back to Buffalo and see what arrangements he
could make to bring on a fight between the troops and the
sheriff s posse. He left in the afternoon for Buffalo. I asked
Du Friend when he first heard the mob was coming to John
son county. He said the first he knew for a certainty that
they would raid the county was last January when he was
in Cheyenne. I asked him if he had come from Buffalo to
join and stay with them; he said he had. Du Friend said that
if the rustlers got a hold of me all they would do would be
to shoot me, but he said that if he fell in the rustlers* hands
they would burn him. On the afternoon of the loth of April
the mob built their fortifications in order to stand off the
sheriff s posse until Governor Barber, Senators Carey and
Warren could send the troops at McKinney to the rescue of
the mob. The leaders claimed that if they attempted to re
treat when their horses were so near played out they would be
surrounded by the sheriff s posse and would have to sur-

192

CONFESSION OF GEORGE DUNNING

render to the civil authorities something the mob said they
did not propose to do under any circumstances.

On the night of the loth o April one of the mob came
to the TA ranch about 10 o clock in the evening; he said that
he was riding in the head teamster s wagon and had his
horse saddled and tied behind the wagon; said that sheriff s
posse passed the wagons on their road to K. C. ranch; said
sheriff s posse asked the head teamster a few questions and
then went on. He reported that after sheriff s posse left the
wagons he got on his horse and came to join us; he said
the country was full of rustlers. About 3 o clock in the morn
ing of the nth of April I went from the fort down to the
house to get some grub for the men at the fort; at the house
I saw a man with his leggins and spurs on; I supposed that
he was the man that was going to Cheyenne. I asked Fay
Parker who he was, and Wolcott spoke up and said the man s
name was Johnnie Jones; that he was a distant relation of a
great grand-aunt of his, and that I would better take a good
look at him so I would know him the next time I saw him.
After I had finished my breakfast at the house I took some
grub and coffee up to the men at the fort. About daylight a
number of horsemen appeared in sight of the fortifications
coming from the direction of Buffalo. The firing then com
menced and was kept up most of the time until the surrender
of the mob to the troops at Fort McKinney.

During the fight at the TA ranch the mob seemed to
feel perfectly secure from danger; they claimed that they
were so strongly fortified that the sheriff s posse would not
charge the works, and that it would be impossible for the
sheriff s posse to get their rifle pits close enough to harass

193

THE BANDITTI OF THE PLAINS

the mob before Governor Barber, Senators Carey and War
ren would sent the troops at McKinney to the rescue o the
mob. Then they claimed that i the rustlers and troops did
not get into a fight that it would be necessary to surrender
to the military authorities and be taken to Fort Russell at
Cheyenne, where, the leaders claimed, they would be turned
loose in a short time, and they would come back to Johnson
county stronger than ever, and would kill every man that
packed a gun against them at the TA ranch. The leaders
seemed to think the possible failure of the raid was due to
the fact that the sheriff and deputies were not killed on the
night of the pth of April.

During the fight at the TA ranch the mob talked a great
deal about the way the men who were in the employ of the
stock growers association last summer and fall had terror
ized the settlers; they claimed that last summer and fall there
was only four men in the employ of the stock association for
the purpose of killing off the rustlers; they claimed these
four men were Frank Canton, Tom Smith, Joe Elliott and
Fred Coates. Elliott and Canton had a good deal to say about
how they would be back after the fight at the TA ranch.
They said they would terrorize the settlers of Johnson county
when they got back again so that those settlers who had an
opportunity to leave would get out of the country the best
way they could. The troops from McKinney did not arrive
quite as soon as the leaders expected; they thought that the
commander of the troops was standing in with the sheriffs
posse, and had taken the wrong road to the TA ranch. When
the troops came in sight soon after sunrise the mob appeared
in fine spirits, and said that their friends Governor Barber,
Senators Warren and Carey had sent the troops to their

194

CONFESSION OF GEORGE DUNNING

rescue, and that it would be but a short time when they would
come back stronger than ever, and would kill off every man
that packed a gun against the mob at the TA ranch*

GEORGE DUNNING.

STATE OF WYOMING, County of Johnson, ss.:

Personally appeared before me, T. P. Hill, clerk of the
District court in and for Johnson county, state of Wyoming,
George Dunning, who is personally known to me as the
person who signed the foregoing statement, and deposes
upon oath, duly administered to him, that the foregoing
statement by him signed and comprising 44 pages, numbered
in red ink from i to 44 inclusive, was written by him, is made
without solicitation, fear or threats from any party or parties
whatsoever, and that all the matters and things contained
therein are true to his own knowledge and belief.

GEORGE DUNNING.

Subscribed in my presence and sworn to before me this
6th day of October, 1892.

T. P. HILL,
Clerk District Court.
By GUSTAVE E. A. MOELLER,

Deputy Clerk.

*95

THE WESTERN FRONTIER LIBRARY

of which The Banditti of the Plains is Number 2, was started
in 1953 by the University of Oklahoma Press. It is designed
to introduce today s readers to the exciting events of our fron
tier past and to some of the memorable writings about them.
The following list is complete as of the date of this printing
of this volume :

1. Prof. Thomas J. Dimsdale. The Vigilantes of Montana,
With an introduction by E. DeGolyer.

2. A. S. Mercer. The Banditti of the Plains. With a fore
word by William H. Kittrell.

3. Pat F. Garrett. The Authentic Life of Billy, the Kid.
With an introduction by J. C. Dykes.

4. Yellow Bird (John RolHn Ridge). The Life and Adven
tures ofjoaquin Murieta. With an introduction by Joseph
Henry Jackson.

5. Lewis H. Garrard. Wah-to-yah and the Taos Trail. With
an introduction by A. B. Guthrie, Jr.

6. Charles L. Martin. A Sketch of Sam Bass, the Bandit.
With an introduction by Ramon F. Adams.

7. Washington Irving. A Tour on the Prairies. With an in
troduction by John Francis McDermott.

8. X. Beidler: Vigilante. Edited by Helen Fitzgerald Sand
ers in collaboration with William H. Bertsche, Jr. With
a foreword by A. B. Guthrie, Jr.

9. Nelson Lee. Three Years Among the Comanches. With
an introduction by Walter Prescott Webb.

10. The Great Diamond Hoax and Other Stirring Incidents
in the Life of Asbury Harpending. With a foreword by
Glen Dawson.

196

11. Hands Up; or, Twenty Years of Detective Life in the
Mountains and on the Plains. Reminiscences by General
D. J. Cook, Superintendent o the Rocky Mountain De
tective Association. With an introduction by Everett L.
DeGolyer, Jr.

12. Will Hale. Twenty-jour Years a Cowboy and Ranchman
in Southern Texas and Old Mexico. With an introduc
tion by A. M. Gibson.

197

this

book

las

I

the people

of Kaii^sCity

other lovers o western lore will find this
first-hand account o the Johnson County
war significant in the history of Wyoming
and the old West, and more provocative
than the mass o fiction it has inspired. Vol
ume two in the Western Frontier Library.

Asa Shinn Mercer

founded the University of Washington and
established several frontier publications be
fore going to Wyoming in 1883. There he
edited Northwest Lave Stocf^ Journal and
wrote his most significant book, The Ban
ditti of the Plains*

William H. Kittrell

who provides the informed and interesting
foreword, is a public relations counselor in
Dallas, Texas. His grandfather made cattle
drives from Texas to Wyoming. Mr. Kit-
trell is a member of the Texas Historical
Society.

For Many Mo\
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University of Oklahoma Press
Norman

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