CHAPTER XIV.

THE TRIAL OF THE INVADERS

On August 7th, 1892, the invaders were arraigned before Judge Scott, in

the District Court for Laramie county, at the court house at Cheyenne.

They all pleaded not guilty, and the work of securing a jury began.

Three days were consumed and some progress made. It was evident that a

jury could be found in the county, and hopes began to be entertained

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 9th, 1892. Skeptics and doubters

there had been from the time of the arrest of the prisoners. “They will

never be tried,” was an expression heard every day, and in all parts of

the state. The theory was that the cattlemen exerted such a dominating

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, 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

of the third day the sheriff, A. D. Kelly, presented 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, including

hall rent, guards and food, was over a hundred dollars 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 current 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 10th, 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 sheriff’s 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 individual 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 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

demonstration 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 ordinary 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 administration, 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.”

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

warrants had always been paid and her people would have been glad to

furnish guards and provision 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. Besides 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 connecting them with the final release of the prisoners

without trial, on the plea of Johnson county bankruptcy, the consensus

of opinion in many circles was that the 10th 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 accidental 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 13th--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 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 Champion, 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 the remark.

The presence in the city of a brother of Nate Champion seemed to stir

up unpleasant memories and create forebodings in the minds of the

imprisoned cattlemen, for apparently 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 contemplated, 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 outgoing throng, which laid over a day

in Omaha to settle up with the hired men. These were supposed to be

on the payroll 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 papers of the 12th

and 13th of April announced the happy adjustment 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, Oklahoma, in the summer of 1893.

Others of the band are reported 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.

A goodly number of 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

business 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 21st, 1893, when the case of the State of Wyoming vs. the

Invaders was called, nearly all of the cattlemen responded, but the

hired men failed to appear. Alvin Bennett, prosecuting attorney for

Johnson County, offered a motion to enter a nolle prosque, to which the

attorneys for the defense entered an objection. After discussion the

court accepted 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 severely criticized by many as unwarranted and

outrageous, but the public finally settled down to the common opinion

that the ring had so many obstructions 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

object 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.

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