Chapter 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

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, kind hearted, 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 has 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 witnesses 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 someone 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-barreled 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 non-appearance. 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 officer 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 Hesse 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.