CHAPTER I.

POWDER RIVER

INVASION

WAR ON THE

RUSTLERS

IN 1892

[Illustration]

_Written by_ +A. S. Mercer+

_Rewritten by_ +John Mercer Boots+

Copyrighted September 1, 1923

By JOHN MERCER BOOTS

All Rights Reserved

PREFACE

The following pages have been written and tied together for the purpose

of giving to the world the true story of the invasion of Wyoming’s

soil by the cattlemen of the plains. It is not sent out as a literary

production, but an honest statement 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

facilities for gathering reliable data. (Every statement herein made is

the truth.)

CONTENTS

Page

Title 1

Preface 3

Introductory 7

Chapter I 15

Chapter II 18

Chapter III 23

Chapter IV 39

Chapter V 42

Chapter VI 49

Chapter VII 51

Chapter VIII 62

Chapter IX 66

Chapter X 68

Chapter XI 78

Chapter XII 89

Chapter XIII 91

Chapter XIV 95

Chapter XV 101

Chapter XVI 103

Chapter XVII 109

Conclusion 112

Appendix 113

INTRODUCTORY

The vast region 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 revolted at the suggestion, but there

was nothing left for the train masters but to get 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 tender-hearted 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 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, adventurous 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 of 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 instances over a hundred

thousand were claimed by one company. 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

proportion 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 luxuriously at the club houses in the various towns and trusting

the real management of the herds and ranches to subordinates, 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 prevented 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 herbivorous 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 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 summer 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 market

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 anywhere 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

resulting 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 make-shifts there must

eventually come an end. Thus it is evident that the general managers of

cattle companies found themselves in exceedingly hot water--between the

devil and the deep sea, so to speak. Something had to be done; their

integrity and financial reputation demanded 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 another 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 refining it may seem, it is nevertheless

true that with the increase of years and population there is an

increased percentage 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 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--Wyoming 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, Vermont, Connecticut, Rhode

Island, Maryland, New Jersey, Delaware 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 neighbors 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

round-up, 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.

The live stock industry of Wyoming has been the leading pursuit for

more than a double decade of years, and the stockmen 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 live stock owners or local representatives of Eastern and foreign

cattle syndicates, and until the last session of that body, in January,

1893, the laws have been framed to suit the manipulators of the stock

interest. In 1872 the Wyoming Stock Growers’ Association organized,

the membership comprising most of the leading stock growers of the

commonwealth and many citizens from the adjoining territories. This

body was a strong, centralized power, and for years virtually shaped

the territorial 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 before 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 became 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 by far outnumbered the

cattlemen, and they, quite reasonably, 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 continued

prosperous in a fair degree, and 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 appears 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 business 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 stopping. When the storm was over the tired cattle laid

down to rest. A few hours later, disturbed by the pangs of hunger, they

rose, turned their heads toward their home range and quietly grazed on

their way north. Did not a second blizzard interpose and drive them

farther south, the warm days of spring would find most of the herd on

its accustomed feeding grounds. Did the winter prove severe and storm

follow storm in rapid succession, the cattle would be found hundreds of

miles from their home range at the spring round-up, whence they would

be sent back by the cowboys. Instances are of record where Wyoming

cattle drifted during the winter three hundred miles, to the Arkansas

River. The general round-up 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 largely 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

rustling 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 hundred.

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 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 addition 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 unbranded, motherless

calf as common practice 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

being 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 round-up and inspection. The law was declared

unconstitutional by many of the leading lawyers, and deemed to be in

the interest of corporations with large holdings.

It was directly contrary to the education previously given the cowboys,

and juries made up in whole or in part of old-timers naturally

hesitated in the matter of declaring a man a thief for doing what the

law-makers themselves had taught the people to do. Hence, there was

some trouble in convicting men for appropriating mavericks, but when

branded cattle were stolen and proofs made, convictions followed.

CHAPTER I.

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 some one 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 homeseekers

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 homeseekers. 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.”

Powder River invasion · 第 1 / 17 章