STAR VALLEY HISTORICAL SOCIETY HISTORICAL BOOKS INVENTORY DETAILS

1. Overview

Title of Book: Butch Cassidy and the Wild bunch in Star Valley, Wyoming 1889-1896

Author: Pamela Call Johnson

Subject: Star Valley

Publisher: CJJ Publishing

Publishing Date: 2010

Number of Pages: 32

ID#: 98

Location: Website

2. Evaluation

Evaluator's Name(s): Kent Erickson

Date of Evaluation: March 2014

Key Words: Wild Bunch, Winter of 1889, Crow Creek Road, Half-Way House, Auburn, Telluride Bank robbery. The Outlaw Trail. Signal Hill

Included Names: Tom McCarty, Butch Cassidy, Matt Warner, Elzy Lay, Rose Morgan, Sary Lehmberg, Al Hainer

3. Svnopsis:

This booklet tells of events surrounding the time Butch Cassidy and other outlaws spent in Star Valley, Wyoming, Two of the events described were the Johnson County War and the Montpelier Bank Robbery.

4. Other

"^Hand drawn sketches of people and places *Poem: "Somebody's Son" by Pamela C. Johnson "^Notes ^Bibliography B/iicFi. Gassidff ami ITtc iViId B/ii/if/ in Star Valley, Wyoming 1889-1896

The rock church where outlaws courted Mormon girls.

Pamela Call Johnson £tcim Valley Historic,.'.! Society Butch Cassidy and The Wild Bunch in Star Valley,Wyoming 1889-1896

Pamela Call Johnson Butch Cassidy and The Wild Bunch In Star Valley,Wyoming 1889-1896

Introduction

Star Valley can officially claim Butch Cassidy, Tom McCarty, Matt Warner, and Elzy, (pronounced Elza) Lay as outlaw residents. Some believe it likely the Sundance Kid, including any who were members of the "Wild Bimch", were also among those who knew Star Valley as a useful hide-out. The Wild Bunch is defined as any outlawsassociatedwith Butch Cassidy in the North American West.

Firm evidence ofoutlaws in the Star Valley exists from 1889to 1896,but indications are they could have been there both much earlier and later than these dates.

This book is a departure from my usual family history path - or is it? Maybe I haven't stumbled offmy path at all, but have been extremely slow in seeing what was there to see all along. Some ofmy Star Valley pioneer family called some ofthe outlaws friends. I believe a few were kin which means they were not close enough to attend family reunions, and were a bur in the side (whom we would rather forget - and almost succeeded). Nevertheless, they were there. This is their story. -Pamela Call Johnson "/try to keep ihis grave neat," she apologized. "Maybe he wm only a rustler, butI guess somebody loved him, *' Mattie Edwards to author, Charles Kelly at the grave ofoutlaw, Charles W. Seger 1867-J891. (Kelly,304)

Somebody Loved Him He was somebody's son, for all the wrong he done. He was mean; he was bad. He'd use his gun, then he'd run. He betrayed his kin; foimd fiiends instead in 'holes' and 'roosts' then slept in the bed the sheriffgave to him. Finally, he died, as he had lived, a bi^et in his heart. But, he was still somebody's son, for all the wrong he'd done. As long as there was a mother with a match; the lamp was lit so he could see the path to her front door - or to the back - in case it was at night he come. As long as her lips could move or her mind form thoughts, prayers were said for God to please bless the bad man who was her son. -Pamela Call Johnson "We hadfamilyprimers together, kneeling at our chairs aroundthe table. IfHive to be two hundred, I will always rememberMother'sferventprayers, pleading with God to turn her boy around and bring him home safely, that he mightgo straight"Lula Parker Betenson, sister ofButch Cassidy. (Betenson, 237) BUTCH CASSIDY AND THE WILD BUNCH IN STAR VALLEY, WYOMING 1889-1896

Table ofContents

Introduction i Somebody Loved Him, Poem ii Tom McCarty and Matt Warner in Star Valley Page 1 The Pioneer Interstate Page 9 The Crow Creek Road Page 11 The Hole in The Wall Page 14 Johnson County War Page 15 The Illegal Arrest Page 16 Going Straight, Or Not? Page 24 Butch Cassidy and Elzy Lay in Star Valley Page 25 The Montpelier Bank Robbery Page 27

©Pamela Call Johnson 2010 (revised) Shelley, Idaho All rights reserved CJJ [email protected] TOM MCARTY AND MATT WARNER

Inthe early days, people came from all over Star Valley to attend dances at a unique rock church in Auburn, Wyoming; a small town onthe north end ofa Mormon settlement on the western edge of Wyoming, and part of the Lander cut-off ofthe Oregon trail. Among the recorded social minded outlaws were Butch Cassidy, Matt Warner, TomMcCarty, Elzy Lay, BubMeeks, and A1 Hainer.

Lee Call, in A History of Star Valley and its Communities, (See cndnote 2, page 32) writes that the dance hall was usually so crowded the dance tickets were numbered andjust onethird of those attending could dance at a time. Some of the young men bought a number of tickets sothey could getin more dances. The rock church was the center of social and religious activity in the early days. ^

t I. to

TOM MATT

Page 1 Sary Lehmberg, who married Tom McCarty, was the daughter ofAugust Lehmburg. Lehmberg came to Auburn in 1870. The Lehmberg and Welch families were the only two permanent families in Auburn for a number ofyears; but about a dozen families spent the winter of 1886-1887 near Auburn, the town in which the rock church would soon stand. However, the first church meetings were held in the Lehmberg home until the rock church was built. Other settlers included the George Davis and Seth Putnam families. Rose Morgan's stepfather, Mr. Romel, was among the families who were there for a short time and then returned to Utah. Rose Morgan married Matt Warner.

Matt Warner and his brother-in-law, Tom McCarty, who was a widower on his arrival in Star Valley (according to Warner) raced into the valley in 1889 just after robbing the Telluride bank in Colorado. McCarty and Warner were chased by a posse to the edge ofthe canyon that entered the valley. The posse was stopped by a snowstorm. Lucky break for the outlaws; they beat the snow that closed them in for the winter.

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Page 2

MATT'S CABIN McCarty, Warner, and Cassidy robbed the Telluride bank together, but Cassidy was not a part ofthe wild escape into Star Valley. The former two outlaws couldn't resist spending their money in Lander (east ofStar Valley at the beginning ofthe Lander trail) on women and wine, which is where they went after the robbery, and where the posse found them. Butch stayed away from the town at a friend's ranch. He felt it wasn't safe to be in towns yet.

Cassidy, from the first, was the smart canny, outlaw - the one who lived with caution on his side, never taking risks. Therefore, when the posse showed up in Lander, Butch was not there. Cassidy did spend time in Star Valley, but, not in 1889. The winter after the bank robbery was to be one ofthe toughest in Star Valley history with no one, including the law, able to make it in or out ofthe valley. Lee Call explained that the snow would fall, then melt a little, fall then melt some. Before winter was finished, stove pipes from homes could be seen but not the houses themselves.

Matt decided he couldn't last the winter without alcohol. The settlers, for the most part, were good Mormon folks. No drink to satisfy Matt was near enough. Matt hired someone to get a load ofwhiskey.

Page 3 According to Matt's book, The Last Outlaw Rider. somehow this whiskey got through the Crow Creek road which was a main route in and out ofthe valley (by then, according to his own account a closed mountain pass.) It is also said locally not all the whiskey was accounted for that was ordered, and some was broken (on purpose?) at a place now called Whisky Flats on that road. It is perplexing how Matt could get whiskey in, but the law couldn't get in to take him out. The sequence ofevents according to Matt might be in question. There are other such perplexities in his book. Some ofwhich will be explained later.

The settlers nearly met their demise for lack offood and other necessities that winter. Animals were fed deer mixed with straw from under carpets. People ate wild game too, when they could get it; but there was not any fat on the meat. When things were really desperate, men would try skiing, or snowshoeing to Montpelier to bring home, on their backs, a sack offlour to their families. This could literally mean death in a forbidding mountain pass.

Page 4 .StarValley residents loved the dances at the rock church. A store hadrecently beenopened in the valley. When people asked for credit, theowner refused. According to Matt Warner,'the Mormon bishop tried to intervenewith thestorekeeper to persuade the store owner to give credit until spring. When he wouldn't, Matt Warner and Tom McCarty pulled a 'benevolent robbery.' Mattwrote they forced the storekeeper undergunpoint to give the people what theyneeded. The bishop, with his counselors, kept record ofwhat was taken. The outlaws paid halfin cash. Matt felt the store owner came out to the good with the cash payment. Valley people later held a dance wearing clothes taken in the robbery.

A version of this episode is told in several history books aboutStarValley. Elements that staythe same in each account are that the robbery did take place, and goods were given outto thepeople. This made McCarty and Warner very popular among thepioneer folk. During thatwinter, Warner became entranced with Rose. He couldn't wait untilspring so they could make it to Montpelier to get married. When McCarty heard ofthe romance, He was angry. Hetold Warner thattheoutlaw trail was noplace to bring a bride, but Warner persisted.

Page 5 For some time the pals were not pals, but the courtship continued. While Warner was so busy courting Rose, McCarty left to live with the Lehmbergs and discovered Sary. Warner claimed total surprise when Tom McCarty patched up their friendship by offering to bring Sary along to Montpelier to act as witnesses for Matt and Rose. Matt was even more surprised when Tom and Sary were married at the same time, asking him and Rose to be their witnesses.

The valley residents knew Tom and Sary were a couple. An incident recorded in area history books, describes a bad storm that came up the evening ofone ofthe dances forcing the attendees to stay overnight in the church. When Tom and Sary left the next morning, the quilt they used to tuck around them was blown across the street and caught on a fence leaving them to suffer in the cold. However, no mention is made ofcircumstances that prevented them from retrieving the quilt. Perhaps there was too much wind or snow, or the quilt was irretrievably tangled, or sodden and useless. The point is, they were remembered at the dances as a couple.

Charles Kelly, who wrote The Outlaw Trail, claims a marriage certificate puts a definite question mark on Matt's story about a spring wedding.

Page 6 According to Kelly,Tom and Sarywere married September 4,.1889, in Montpelier, Idaho, andlived in Matt's cabin the whole winter. Lee Call writes that the outlaws were married in the fall, and then were chased to Aftonby a posse. Insteadof catching the outlaws, the sheriffgotcaught. Much to the amusement of the outlaws, the sheriffwas forced to walk back to Montpelier. That evening it snowed.

Matt gets confused several times in his book. The date of his wedding is only one instance. Matt also described his wife as a blonde, when she was really a beautiful, dark- hairedgirl. He describes SaryLehmberg as largeand loud when pictures reveal her to be theexactopposite. It is hard to see a forceful personality inside the feminine figure pictured. Mattdoes tell a good story. Hisbook is interesting and is highly recommended. But only believe part of it. Which part is opento question.

--(I"" i

' SARY I rose

Page 7 Inthe spring, the two couples left Star Valley ostensibly to go on a honeymoon. However, dodging the law and painting the town red at the same time became a little tricky. When they ranout of money, themensenttheir wives back to Star Valley while they planned thenext robbery. Matt set up a ranch inthe state ofWashington. The McCarty family settled in surrounding areas. Rose came tojoin Matt. Rose's sister, SarahJane, later came to keep Rose company, but Sary Lehmberg did not rejoin Tom. When Matt and Tom heard that Butch Cassidy was in the StarValley area, they wentto findhim to take him to Washington.

Perhaps, the outlaws learned Dutch's whereabouts from one ofthe women. Itwas in the spring or early summer of 1891, they did find Butch in StarValley, which meant Cassidy stayed there long enough for them to get a message and follow his trail. Or, more logically, they knew the routes hetook, and the spots he stayed when he was there. However, Butch convinced Matt and Tom to go back with him to Johnson County instead ofreturning to Washington. As events transpired, this excursionwould be quickly aborted. The three were chased tothe point they split, going separate ways. Matt finally made it back to Washington, hisranch, family, andtheoutlaw life, but without Butch.

Page 8 THE PIONEER INTERSTATE Charles Kelly writes that Star Valley was isolated and surrounded by mountains well off the course oftravel. This isolation istrue inthe winter; but, the Lander cut-off went through Star Valley. Thousands ofwestering pioneers used the route to shorten their journey. This part ofStar Valley history isjust beginning to be fully understood. Jermy Wight has made adedicated search of documents concerning the Lander Trail. Inhis book by the same name, are quotes from journals ofpeople who went through Salt River, which became known as Star Valley. The "Emigrant Guide" in Wight's book, describes the valley which was covered with excellent grass. The salt bottoms had pure and excellent salt. The water was clear and fresh.. .a good place to rest. Wight claims there may have been 300,000 - 500,000 pioneers who took the Lander Trail toWashington, Oregon, California, and other points further west in the second half ofthe 19 century. Randall H.Hewitt called Salt River Valley, "beautiful, indeed. It was allourfancy pictured." Other travelers thought ofit asParadise Valley.

Theestimated number of travelers, not specifically mentioned inhis book, probably does notinclude outlaws orothers who, attimes, made their way east. Star Valley was arest stop, during the summer, on awell-traveled road for weary pioneers. Page 9 Warner and McCarty's visit to Star Valley establishes a firm date ofoutlaw activity. However, ifMcCarty helped rob the Telluride bank the end ofJune of 1889then was married inthe beginning ofSeptember ofthe same year; it seems a closer look should betaken athis Star Valley romance. Itis certainly possible that a fast courtship ofa few months could occur resulting inmarriage. But italso seems plausible that a romance begun at an earlierdate was culminated then. Perhaps, thecabin, girls, and alcohol werealready in place. The story is told inStar Valley that the outlaws brought their sweethearts new outfits which caused considerable jealousy among the othergirls. Was oneof the reasons they went to Lander to pick up the gifts? How did they know theright sizes and what would please? Was Star Valley the planned-for destination from the beginning? Thetwo accomplished a greatdeal in one snowed-in winter. Not the least ofwhich, was the appearance ofthe outfits.

Kelly does not know ifany outlaws stayed in Star Valley before 1889. But other authors feel it reasonable to suppose thatthey passed through thatway often. Tom McCarty wasin the outlawgame earlierthan Mattor Butch and probably familiar with escape routes. He could havebeenestablished incognito some time before he was officially recognized as an outlaw resident.

Page 10 THE CROW CREEK ROAD - PART OF THE OUTLAW TRAIL

Amain valley exit trail was called the Crow Creek road, which went into Montpelier, Idaho and was well used by freighters. The Mormon people in the valley were ecclesiastically and financially attached tothat larger city. They depended on that town for goods with which to survive. Freighters made regular trips back and forth. Thomas J. Call describes his own trip overthe Crow Creek road when he was eight years old. He writes that they came to Star Valley in October of1888 from Bountiful, Utah.

''When aboutmidwayfrom Montpelier toAfton in ascending the mountain pass, where about 4inches ofsnow hadfallen, the wagon slid offthe narrow dug-way and went bottom side up in the bottom ofthe hollow. We children were unharmed, butmy mother was lame a greatpart of that winter. Afton hadfew settlers at that time, allliving in log houses with dirt overgrass andpolesfora roof "

Crow Creek road area about 1980

Settlers traveled from Idaho to Wyoming over and through the mountains Budd Pead toldMartha Clines, StarValley Independent newspaper columnist, that he went with his father, when twelve years ofage, freightingon the Crow Creek road. Three horses were on a sleigh; one was hitched to the back on a downhill. Halfof the sleighwas kept on one trackof the roadwhenmeeting a freighter coming fromthe opposite direction, or they would run offandbe swamped in snow. When Budd wasolder, he made thetripalone and tells about contracting mumps. The other freighters helped him back, whilehe rodeon the load. His recovery was worse for the long ride home in the cold. Clines dso quotesVearl Hoopes as saying they coiildpass six to ten teams on the way.

JudyProbart, Idaho State Journal reporter, explains there wereseveral routes goingin and out of the valleyalongthe Lander trail, but none ofthem were as useftil to the settlers as the Crow Creek road. Settlers used the road for freighting supplies, and as a travel route to and from Utah. Even though they had to cross Montpelier creek numerous times and snow-slides occurred often, the Crow Creek road wasthe bestroute. The Half-way housewas a popular layover withroomfor 32 teamsin the bam. Signal Hill,the

Page 12 last landmark before entering the valley was used as a place to warn polygamists of incoming federal marshals. One smokesignalmeant"hide," and two smokesmeant "all clear." Idaho and Utah enforced the anti-polygamy act of1882, but Wyoming refused to do so. Consequently, StarValley became a temporary haven for those who chose to have multiple wives. Probart says that nearly every manin StarValley freighted over the roadat some time or the other. (20-21)

None ofthe outlaws and none ofthe thousands who used the Lander trail to get farther west stayedto make Paradise Valley theirhome. It wasthe Mormon pioneers, mostly from Utah, via the Crow Creek road, who settled Star Valley, the star of all valleys. They found a homein that 'secluded' place. It was, indeed, secluded duringthe winter and the wmters were long. Wyoming territory welcomed the hard-working, stable pioneers who came to helptametheirstateand counteract the outlawelement. Often that outlaw element, for a short time, became a part ofthe community- known only by aliases and as strangerswho drifted in and then left as mysteriously as theycame. Outiaws wereuncharacteristically well- behaved in Star Valley.

Page 13 THE HOLE IN THE WALL

Lee Call records that in the late 1880s, a few men of 'vague occupation' would drop in from nowhere fora fewmonths, stayfor awhile thenmove on again. The famous Wild Bunch hide-out, "The Hole in The Wall," in north-central Wyoming, was at leastone logical destination ofthese 'men ofvague occupation.' Kelly names manyof theseoutlaws who made use of the Hole in the Wall. They would probablyhave used the most common route ofthe time to arrive at their stronghold. Kelly also writes thatafter theWagner robbery in 1901, theperpetrators of thatrobbery: Butch Cassidy, The Sundance Kid, and Harvey Logan, 'probably' hid out in StarValley. TheWagner robbery is believed to be the last ofButch Cassidy in North America.

Combining information from Calland Kelly, outlaws could have used Star Valley from 1880 to 1901.These are datesthat encompass the mainactivities of the Wild Bunch. Thepioneer interstate of the lasthalfof the century putStarValley in the middle of thetraffic from pioneers, settlers, and outlaws.

Page 14 JOHNSON COUNTY WAR

Cattle Barons ruled Johnson County, Wyoming, in 1892. Butch Cassidy may not have been Robin Hood leading his Merry Men in Sherwood Forest, but he, himself, felt his cause was just as timely. Small settlers were trying to gain a toehold in Wyoming; a rich range-land controlled at that time by the gentry who hired foremen to do the work. Cassidy aimed to even the odds. He may have used his noble ideals as an excuse, but it was often an effective one. Furthermore, Butch Cassidy historian, Richard Patterson, writes that at least one neighbor claimed Butch would steal horses in the Dakotas, trail them to Utah by way ofJackson Hole {see end note page 32), sell them there, then steal horses in Utah and take them back to the Dakotas through a loosely organized network ofrustlers. (51)

The rich were infuriated when rustlers were not convicted, among whom Butch was a leader. They hired their own Texas gunmen who killed two ringleaders, but were soon under siege, themselves, by angry cowboys and small farmers. In 1892,the battle was heated and Butch was caught in its web. He was a hero or a desperado depending on which side told the story.

Page 15 THE ILLEGAL ARREST

As mentioned. Butch helped McCartyand Warner pull off the Telluriderobbery but, the three separated quickly. He was known to have spent severalyears in, or near, Johnson County, Wyoming, where he became a leader in the game ofrustling. But it was in Star Valley that he was caught - not for the Telluride robbery, but for horse theft. Patterson explains that John Chapman, a Big Horn rancher, had volunteered to track Cassidy and A1 Hainer, Cassidy's new partner. Chapman traced them to Evanston where he enlistedthe help of Uinta County Deputy, SheriffBob Calverly. The outlawscould not be found Chapman headed home because winter was coming on. The next spring, Chapman heard they were in Lincoln county and enlisted the help ofCalverly again. Chapman verifies theydid not havejurisdiction but did not worry too much about that point. Several versions ofthe arrest are offered by Patterson. In one, Calverly thought they were hiding southeast ofAfton in the Bridger Teton National

BUTCH CASSIDY aL PLVINER Forest where they hired a young girl named Kate Davis to run errands for them into town. The lawmen waited arounduntil she came, convincedher it would be to her advantage to help them, then followed herback to the ranch. Another version relates that Kate Davis was picking up mail for Cassidy and Hainer atthe Afton post-office. The local postmaster pointed her out then the lawmen followed her. Still another story claims that the outlaws were at Ham's Fork when Cassidy was arrested and not in Star Valley at all. Larry Pointer, in his book, In Searchof Butch Cassidv, quotesthe following article fromthe Landerpaper.

"Two men, Cassidy and Hainer, wellknown in this locality, were arrested in the 8^^ ofthis month, in Star Valley, this state, ona charge ofhorse stealing. Cassidy offered considerable resistance, saying when ordered to throw uphishands, 'Never toyoud...sons ofb....'s.' Atwhich one ofthe arrestingparty. Boh Calverly, grappled with him, andafter a desperate struggle in

Page 17 Lawmen followed the mail to catch Cassidy. Who was he writing. 1wonder? which the Desperado was beaten senseless, andthe cuffs andshackles were applied to his limbs, he was conveyed to prison atEvanston.

^^Calverly years later said: 1 arrested Cassidy on April 11,1892...I told him I hada warrantfor him andhe said: Well, get to shooting,' andwith that we bothpulledout guns. I put the barrel ofmy revolver almost to his stomach, but it missed three times, but owing to thefact that there was another man between us, hefailed to hit me. Thefourth timeI snapped the gun, it went offand the bullet hit him in the upper part oftheforehead andfelled him. I then had him and he made nofurther resistance. (72-73)

Charles Kelly has a different account ofboth the date and action. He writes that the sheriffattempted a shot. Cassidy shielded himself behind the other officer. Cassidy tried two shots that missed. Then, Calverly shot and lunged at the same time. According to Kelly, it was the gun that made a fiirrow in Cassidy's scalp and not a bullet. No mention is made ofCalverly's misfires. This arrest is representative ofthe problem inherent in outlaw history. The previous six versions have significant variations ofthe same story. Allgara West, and Vira Putnam, local Star Valley historians, have even different descriptions ofthe arrest. Vira claims that the following conversation took place after Butch asked to see the sheriffs warrant.

Page 18 "I don't need a warrant to arrestyou," he said. Cassidy then drew his gun andtook a small nick out ofCalverly's ear, Calverlyaimedfor Butch's stomach Eye-witnesses claim Calverly misfired two shots and hit hisforehead the third time. While it was not a deep wound, there were plenty ofcuts andgashes. As they left: the house, a handcuffed Cassidy slipped on the snow andwent down. The coward (See endmte 4) Said, "Well, Cassidy, we've got you down again."

"Like hellyou've got me down!" said Cassidy. "Iwantyou to know that I slipped andfell down." They tookCassidyto Harrison's store and some ofthe townspeople bandaged his head. He had35 big gashes in his head besides the bulletwound. Theoutlawswere shaking hands with the townspeople. Theypushed Cassidy andtold him to "Get going. They had no timefor that" ThenCassidysaidto thecoward, "You blankety blank! I'llgetyousome dayfor this." (5)

SusieHenrie, a younggirl of thirteen, according to West, saw Hainer's arrest and Butch after he was beaten. The two outlaws lived all winter in a house behind the rock church and bought groceriesat the neighboring store.

Page 19 The outlaws attended dances at the church but did not dance. Instead,ever watchful,they would sit by the doors while wearing their guns. Susiedid not like Cassidy but she did like Hainer. Her description of Hainer is the one used for his sketch in this book. Susie's best friend, Mary Holbrook, lived acrossthe street from the sawmill. The day of the arrest, she and Mary were sitting onlogs watching theoperations. Severalmen were sitting on the other side of the log, one ofthem was Hainer. One ofthe strangers came from behind Hainer thenputhis hand on his shoulder. Hainer turned white but went without a struggle. Susie and her friend ran to their mothers, hi the meantime, another girl went to warn Butch. The house where Butch was caught was notfarfrom the sawmill. Perhaps the gunfight ensued because hehad time to prepare. Susie did not see the actual fight and arrest ofCassidy, but heard that Butch fired a gun into the arrestingofficer's stomach which misfired. Susie was at the store where they tried topatch Butch up; she says hewas bloody all

over.

Page 20 butch CASSroY Several legal errors were made in this arrest:

(1)Themenwho came for Cassidy hadnojurisdiction. (2) The first arrest resulted inanacquittal. Otto Franc, who instigated thatcomplaint, had anotherdrawnup beforethe sentence from the first washanded down. Bythe spirit ofthelaw, if notthe letter, this was doublejeopardy. The secondcomplaint was for anotherhorse with a different owner taken at the same time. Franc didn't even own the horses.

(3)Cassidy was arrested, inthe first place, only because he wasin possession of a stolen horse. Hemay have known it was stolen, buthe didnotsteal it. Atmost, this should have been a misdemeanor, buthe was arrested for grand larceny. (4) The second trial resulted inseveral delays that lasted over a year. He was finally found guilty of grand larceny, sentenced for grand larceny, butgiven a misdemeanor penalty. (Patterson, 68)

After his release onbail from the first trial in 1892, during the long interim before the second trial, Vira Putnam claims Cassidy returned to StarValley at leastonce, to pick up items left there when he was arrested. He took the opportunityto tell his friendsgood-bye. It was the understanding of the people that Cassidy was entirely free.

Page 21 Butchprobably didnot correct that assumption. He may, himself, have feU he only had to go through the formalities. The delayed trial in 1894, however, resulted in a convictionthat sent Butch to prison. He had a light sentence dueto a good lawyer. Yet, Butchhimself, believed there was a conspiracy to put him there,and that A1 Hainer was in the middle ofthe deceit. Butch spent a year anda halfin prison. When he emerged, he was more focused than ever about his hatred ofthose who had unjustly incarcerated him. At least, the legend that grew around himmagnified thetheme. Who is to saywhether or not it wasright? He claimed the banksandtrainshe robbed were extensions ofthe cattle barons who were crooked clean through.

Eventhejudge kepta gununderhis robe at Cassidy's trial. Theywereexpecting reprisalsfromotheroutlaws. Nonecame.

Page 22

GOING STRAIGHT - OR NOT?

When Butch was finally released from prison in January of1896, his stated intentions were to go straight. Most historians, once again, place Butch in Johnson County, or Brown's Hole in southern Utah after his prison release. Residents place him in Auburn, at least for awhile. By that summer, he was in southern Utah at Matt Warner's ranch.

Warner was trying to get Rose to come back to him by leaving behind the outlaw life. He abandoned his ranch in Washington. Butch visited him, but heard Otto Franc once again put out a warrant for his arrest. If they were going to chase him anyway. Butch would give them cause. For him, rustling was a holy war fought against bullies who did nothing but make it hard for the small settler to exist. Most historians feel he had no intentions ofever changing his ways after leaving prison. Nevertheless, Butch did help struggling settlers many times, and is known to have saved a number oflives. He was nearly always described as friendly, likable, and a hard worker. The innocent man wronged would be the theme ofhis life.

Page 24 BUTCH CASSIDY AND ELZY LAY

Bythe spring of 1896, Butch hadcollected a number of toughfriends whowereloosely joinedtogether with othersin outlawry and who wouldfollowwhere Butch led. These men became known as the "Wild Bunch." Whether or not Butchpulled off a robbery, himself, Butch was blamed as tiie organizer, possibly with cause.

Butch Cassidy,Elzy Lay, and Bub Meeks, were all reported to havebeenin StarValley, at leastoff andon, all year. However, Cassidy could alsovanish for months at a time. Butch ended the summer driving cattle.

Elzywas Butch's new partner. MattWarner, Elzy Lay, and the Sundance Kid seemed to have been his favorite companions though at different times. Allthree shared synergism withButchthat helpedthemface dangerous situations. Eachpartnership was weldedinto steelthat lasted beyond the outlaw years.

Page 25 ELZY LAY BUB MEEKS Driving stolen cattle would have been easy when Cassidy had friends among trusting Star Valley settlers. They would never suspect the herds he was moving were stolen, but many in Johnson County felt this is exactly what he was doing. Cassidy, however, would soon be involved in more than rustling. The Montpelier bank robbery would put the outlaw seal on him for good.

It was after his old friend. Matt Warner, notified Butch that he was being tried for murder. Butch decided to rob the Montpelier bank to get money for a lawyer. The outlaws discovered lawyers could be more effective than a jail break. Butch could not turn his back on Matt, He, Lay, and Meeks made plans for the Montpelier hold-up from Star Valley.

A Star Valley Cabin

Page 26 MONTPELIER BANK ROBBERY

Nate Putnam, son ofAuburn resident Seth, shared a love of goodhorses and music with Butch. Nate's Dad was barely making a livingsellinghoney, eggs,cutting wood, and running a few cattle at the sawmillon Stump Creek. However, he hired Butch Cassidy and Elzy Lay as hands - possibly for roomandboard. It wasprobably from Seth's sawmill that Hainer had been arrested a few yearsbefore. The sawmill was a cooperative effort ownedby the Putnamand Davisfamilies, according to Jake Putnam, great grandson of Seth,who is a family researcher and has also become a Butch investigator.

Nate sold Butch some good horses at the time ofthe Montpelierbank robbery; but denied knowing about or participating in the event. The outlaws spentAugust 12th,Ae day before the robbery, staking out horses. Afterwards, the bandits raced back through Crow Creek canyonwhere they exchangedtired horses for the ones previously strategically placed.

The Montpeliertownspeople organized a posse. One man tried following them on a bike. However, fearing an easy ambushin the rough mountainpass, they called offthe chase. When the outlaws safely arrived

Page 27 backin Auburn, the outlaws swapped horses andpaidoff debts. Butch went on to become the most notorious, and romanticized outlaw ofthe old West. Ifhe came back to Star Valley, it was quietly through back doors.

Though Butchand his companions have beenthe subject of many debates, books, movies, and magazinearticles, none of the authors understand the part Star Valleyplayed in the operations ofthe outlaws. Some authors now believe StarValley would havebeena strategic point on the trail they followed from robbery to hide-out. Star Valley was a place to regroup, to hide stock, or to drive cattle through the Lander cut-off, and to make friends with the local folk.

By the early 1900's, the Wild Bunch was purged. Its members were chased, driven out oftheir hide-outs and were either imprisoned, killed, hounded into permanent seclusion or driven to other countries. Their outlaw lives did not benefit any ofthem financially or otherwise. The stolen money did not makethemrich, for it was basically wasted in riotous living. Their lives drove their families apart.

Page 28 MattWarner, oneof the mostsuccessful reformed outlaws, became a lawman in Price, Utah, remarried and raised a family! Tom McCarty, the leader inthe Telluride robbery, after pulling offa number ofother robberies, disappeared into oblivion. Conflicting sources give different versions ofhis death - in none did he die a reformed citizen in the arms ofhis family. Some believe A1 Hainer participated in a conspiracy thatended inthe arrest of Butch Cassidy in StarValley andresulted in his own acquittal. He retired from outlaw life in anonymity, so no verification is possible. Bub Meeks,the horse holder in the Montpelier robbery, diedinsane. ElzyLay spent time inprison for murder, was released and then remarried. He suffered from alcoholism, and asthma, but was anintelligent man with a knack for learning and had a wandering spirit. He isthought tohave tried tofind Butch in South America after he was reported dead.

Cassidy may have died in a gunfight inBolivia, with The Sundance Kid, another Wild Bunch member. Some believe Butch made it out ofSouth America and died

'# SUNDANCE Page 29 in Spokane, Washington, in the county poorhouse. Either way, he wasted his brilliant leadership abilities.

The thousands ofpioneers who went west through Star Valley by way ofthe Lander Cut-off, helped build up the part ofthe country toward which they were heading. The Mormon pioneers who came east from Utah did the same. There are now descendants into the fifth and sixth generation ofthese hardy souls who came over the Crow Creek Road from Utah into Wyoming. My ancestors, on both my mother's and father's side, are part ofthat group. They helped stabilize Wyoming Territory when it was young and wild. They built a home for their descendants. They gave me my home town: Paradise Valley, or the Star ofAll Valleys. Long, cold winters and beautiful summers now attract newcomers longing to be firee of city smog. Can we hear the sound ofwagon wheels or horses hooves that no longer move? The sounds are faint, but they are there. The old rock church has been preserved and, on occasion, music pours forth in summer celebration. Listen, you might hear a fiddle from days gone by mingling with the song.

Page 30 BUTCH CASSIDY, OUTLAW Before Shoot-out in South America

WILLIAM T. PHILLIPS TRICKSTER OR THE REAL THING? After shoot-out in South America Quote "Duringtheyears between eighteen eighty-five andeighteennine-five, many,.,forfeited their lives, or their liberty, in thefightfor settlers rights, as citizens ofthe United States of America, against the oldtime cattle baron,,,Cassidy didnotrobfor thelustofgain, nor was it his natural trend. He had, as he thought, every goodreasonfor thefirst holdup, and afterthefirst, therewas noplace tostop, I cannotfeel he wasentirelya victim of circumstances;and that, in a way, he was goaded on to becomethe most dreaded, most huntedandsurely the most illusive outlaw that eitherNorth orSouth America have had to contend with asyet** William T. Phillips alias Butch Cassidy inhis Biography

EndNote 1. Jackson Hole, Wyoming, where Butch isthought tohave driven cattle (See page 15) isnotfarfix)m Star Valley. Itisnotthesame place as "The Hole in The Wall" where he hid out in north central Wyoming. EndNote 2. Lee Call was theeditor and publisher oftherevised book. Star Valley and its Communities based onanearlier edition written by Star Valley educators who researched and authored various chapters and completed the first book for an extension class. EndNote 3. Photos and artwork found inthebibliography were inspiration forthe sketches inthis book created bytheauthor, Pamela Call Jolmson. The photos onpages eleven and twenty-six were taken by her father, Spencer Call. End Note4. Coward asreferred to inthisquote relates tothelawman speaking toCassidy. The implication isthatthepeople ofAuburn saw thesheriffandhis posseas bullies. Bythetimethearrestwas there were six or sevenmen, includingsomelocalswho were involved. No proof ofnames ofthe local members ofthearresting parly isavailable.

Page 32 Bibliography Betenson,LulaParker as told to Dora Flack. ButchCassidv.Mv Brother. Penguin books. 1976. Call,Lee. StarVallevand Tte Communities. StarValleyIndependent Afton, Wyoming. 1970. Ernst, Donna B. SundancerMv Uncle. The Early West Creative PublishingCo. CollegeStation,Texas. 1992. Johnson, Pamela Call,"LifeHistory of Thomas JohnCall,"Ancestral Record ofThomas John Call and Ethel Grace Paoworth. His Wife. Pocatello. Idaho. 1990. Kelly, Charles. TheOutlaw Trail. Koneckv andKoneckv. OldSaybrook, Connecticut 1959. Kennington, Forrest TheHistory of StarVallev andItsCommunities. Valley Graphics. SaltLakeCity, Utah. 1989 Miirdnclc Harvev Lav. The Educated Outlaw (Elzv LavV Author House. Bloomin^on, Indiana. 2009. Patterson,Richard. Butch Cassidv.A Biography. Universityof Nebraska Press. Lincohi and London. 1998. Pead, Budd as told to Martha B. Clines. Star Vallev Independent Afton,Wyommg.Postedby Star ValleyHistoricalSociety. Phillips, William T. TheBandit Invincible. Rocky Mountain House Press. Hamilton, Montana. 1986. Pointer, Larry. In Searchof ButchCassidv. University of Oklahoma Press. Norman, Oklahoma. 1977. Probart, Judy. "Montpelier AftonFreightRoute BroughtProsperity." Idaho State Journal. Pocatello, Idaho. Putnam,Jake."Butch Cassidyand the Bank of Montpelier." Idaho Farm Bureau Quarterly. Summer 2008. Vol. 8, Issue 3. Putnam,Jake. TelephoneInterview. March29,2010. Putnam,Vira Greene,Historyof AuburnWyoming. Unpublished manuscript Sklovin and Sklovin. In Pursuit ofthe McCartvs. Reflections PublishingCo. Cove,Oregon. 2001. Warner,Matt. Last of The BanditRiders. The CantonPrinters,Ltd. Caldwell, Idaho. 1940. Warner,Matt Last of The BanditRiders...Revisited. BigMoonPrinting, SaltLakeCity,Utah.2000. West Alleara A History ofThe Hub. Auburn. Wyoming 1878-1998. Gateway Press,Inc.Baltimore, Maryland. 1998. West,Allgara. Telephone Interview. March15,2010. Wight,JermyBenton. Frederick W. Landerand TheLanderTrail. Star Valley Llama Bedford, Wyoming. 1993. Wight, JermyBenton. Telephone Interview. March3,2010. WYOMING

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