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.”