The Banditti of the Plains: Or the Cattlemen's Invasion of Wyoming in 1892 (The Crowning Infamy of the Ages)

by A. S. Mercer, William Kittredge (Designed by)

Overview

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

Although historians have since questioned some of Mercer’s conclusions about the Johnson County range war, they have never controverted the facts of the cattlemen-homesteader struggle as he grimly reported them. With the intention of "executing" alleged rustlers and terrorizing the homesteaders, a band of fifty-two cattlemen and hired gunmen invaded Johnson Country, Wyoming, in April 1892. After besieging and killing "the bravest man in Johnson County," the raiders in turn found themselves besieged by the homesteaders and finally in the protective custody of the Untied States cavalry. Further legal and illegal maneuvering permitted the invaders to go unpunished, but the cattlemen never again attempted to retain their hold over the range with organized mob violence.

In this new edition of The Banditti of the Plains the original text has been followed with the utmost fidelity, even including the illustrations. An informed and interesting foreword by William H. Kittrell has been added to the book.

Product Details

ISBN-13:	9780806113159
Publisher:	University of Oklahoma Press
Publication date:	09/15/1975
Series:	Western Frontier Library Series , #2
Pages:	246
Sales rank:	641,979
Product dimensions:	4.75(w) x 7.50(h) x 0.60(d)

About the Author

Asa Shinn Mercer founded the University of Washington and established several frontier publications before going to Wyoming in 1883. There he edited the Northwest Live Stock Journal.

Read an Excerpt

The Banditti of the Plains or The Cattlemen's Invasion of Wyoming in 1892

[The Crowning Infamy of the Ages]

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By A. S. Mercer

UNIVERSITY OF OKLAHOMA PRESS

Copyright © 1975 University of Oklahoma Press
All rights reserved.
ISBN: 978-0-8061-1315-9

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CHAPTER 1

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

There being a few reckless fellows in various parts of the state who lived by the theft of cattle and horses, it was comparatively 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 the 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 attaching 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 summer 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 Averill's house. She had a small pasture enclosed and gradually accumulated a bunch of young cattle, 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 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 Averill'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 citizens 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 between the ranchman and the settler.

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."

CHAPTER 2

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

Emboldened 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 recklessness 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 12th of June hanging to a tree in a gulch some miles away, since known as "Dead Man's Canyon." When 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 brutality characterizing the act of leaving a human body hanging 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. Circumstances 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 virtually 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 1st, 1891, 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 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 identification as to the assaulters. Joe Elliott was arrested, charged 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 Gilbertson, and getting the worst of the house-breaking plan, the stockmen naturally put their heads together to devise other methods of procedure. Bodily safety seemed to be a controlling 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 desired opportunity to waylay their victims on the road going 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 distance 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 precaution bought a double-barrelled shotgun to carry. A local writer, speaking of this incident, says:

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 Tisdale, 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 shotgun 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 nonappearance. 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 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 before 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. Canton and Hess left the state in a few days. Some time later, new and material evidence was found and a new information was filed. Canton was in the state of Illinois, and Governor 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 persons qualified as sureties, the bond bearing date of April 4th, 1892:

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. Hammond, 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 unwhipped 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 commonwealth. The eyes of the masses were opened to the situation.

CHAPTER 3

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 INVADERS—THE PRESS OF THE LAND HOODWINKED INTO FALSE STATEMENTS TO PREPARE THE PUBLIC MIND TO SYMPATHIZE WITH COMING EVENTS

The invasion of the state of Wyoming by a band of cutthroats 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 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 suggesting 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 pilgrimage to the capitol to prove their property. It was believed 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 obtained 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 exercise a general supervision over, and so far as may be, protect the livestock interests of the state from theft and disease, and shall recommend from time to time such legislation as in their judgment will foster said industry.

Sec. 17. Said Board of Livestock Commissioners is hereby authorized and it is made its duty to appoint such stock inspectors as it may deem necessary for the better protection of the livestock interests of the state, and to distribute them at such points or places within or without the state as will in their judgment most effectually prevent the violation of any and all laws of the state for the protection of stock.

(Continues...)

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Excerpted from The Banditti of the Plains or The Cattlemen's Invasion of Wyoming in 1892 by A. S. Mercer. Copyright © 1975 University of Oklahoma Press. Excerpted by permission of UNIVERSITY OF OKLAHOMA PRESS.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.

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Table of Contents

Contents

Foreword, by William H. Kittrell,
Preface,
Introductory,
I. War on the Rustlers—The Hanging of Jim Averill and Cattle Kate on the Sweetwater,
II. 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,
III. 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 Invaders—The Press of the Land Hoodwinked Into False Statements to Prepare the Public Mind to Sympathize with Coming Events,
IV. Thirty Hired Assassins and Twenty Representative Stockmen Leave Cheyenne to Murder, Burn and Destroy—The Final Preparations and the Start—Arrival at Casper and Departure, Mounted, Across the Country,
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,
VI. The March to the TA Ranch—Incidents by the Way—Preparing for a Siege,
VII. The Siege—Gathering of the Settlers—Construction of Breastworks and Rifle Pits—Angus' Wonderful Ride—Official Correspondence—Rescued by Order of President Benjamin Harrison,
VIII. Buffalo During the TA Siege—Great Excitement, but Order Preserved—Burial of Champion and Ray—Death of Coroner Watkins,
IX. The Prisoners Ordered to Cheyenne—The March from Fort McKinney to Fort Fetterman—Triple Prostitution of the Civil to the Military Authorities,
X. The Kidnapping of the Trappers Jones and Walker—Eye-witnesses of the Murder of Champion and Ray,
XI. Martial Law Threatened—Petition of the Invaders to Acting Governor Barber—President Harrison Issues a Threatening Message to Wyoming Citizens—Colored Troops Quartered in the North,
XII. Attempts to Muzzle the Press,
XIII. Governor Barber Permits Johnson County Officers to Serve Warrants on the Invaders—Peculiar Conditions Precedent—Change of Venue Granted by Judge Blake,
XIV. The Trial of the Invaders,
XV. Wyoming Stock Growers' Association, Through Its Officers, Endorses the Invasion,
XVI. Some Matters Incidental to and Connected with the Invasion,
XVII. A Word About Wyoming,
Conclusion,
Appendix,
Notes,