Chapter IX

THE PRISONERS ORDERED TO CHEYENNE--THE MARCH FROM FORT McKINNEY TO FORT FETTERMAN--TRIPLE PROSTITUTION OF THE CIVIL TO THE MILITARY AUTHORITIES

Not satisfied with over-riding the civil by the military powers of government in calling upon the President to order Colonel Van Horn and his troops to disband the Sheriff’s posse while endeavoring to arrest a mob of men who had committed murder and arson in the county, Acting Governor 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 sheriff was ordered by the governor to unlock the iron doors of the prison and turn over the culprits to the military, thus completing a triple prostitution of the civil authorities to military rule.

This is the first time in the history of 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 commonwealths 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 18th 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 “rustlers” 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 motion 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 had the run of the town at night, very often, and pandemonium reigned in the West end.

Major Walcott, the commander of the invaders, was released 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 persons as to the proper course to take in securing release from the difficulties into which he had led his friends. State Senator 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 of talk was so common, and certain Republican papers like the Sun and Tribune of Cheyenne, 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.