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Rocky Mountain News Headline, Saturday, Oct. 25, 1902.
On October 23, 1902, after a two week trial, the jury of 11 whites and one black, Charles H. Tolson,
found Horn guilty on the sixth ballot. The jury was one which at least on first glance might be considered as being favorable to Horn:
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H. W. Yoder, Ranchman, Goshen Hole
O.V. Seeburn, Ranchman, Goshen Hole
Charles Stamm, Ranchman, Wheatland Flats
T. R. Babbit, Ranchman, LaGrange
H. W. Thomas, Ranchman, LaGrange
G. W. Whiteman, Ranchman, Uva
Amos Sarbaugh, Foreman, Swan Land and Cattle Company
Homer Payne, Cowboy, Swan Land and Cattle Company
Frank F. Sinon, Foreman, White Ranch, Little Horse Creek
E. C. Metcalf, Blacksmith, Wheatland
Charles H. Tolson, Porter, Cheyenne
J. E. Barnes, Butcher, Cheyenne |
Horn Jury
At the end of the
fifth ballot, two jurors voted for acquittal.
The jury then examined all of the testimony. After re-examination, the two hold-out
jurors voted guilty. Each later made statements to the effect that
although they liked Horn, they had no choice but to find him guilty. Later,
Gwendolene Myrtle Kimmell, Horn's romantic interest as
portrayed in the movies, accused in a statement appended to Horn's autobiography
some of the jurors of being rustlers.
On appeal, Horn's lawyers argued, among other things, that had not the two hold-out jurors
been improperly influenced
by comments that they may have overheard while
dining, the jury would have remained deadlocked. The head waiter of the hotel testified that guests of the hotel were
discussing the case when the jury was present. The two baliffs, who sat at either end
of the table in the hotel dining room when the jurors were served, testified that
they heard no improper comments from other diners in the hotel. Tolson, who sat
directly opposite the two jurors, testified
in similar fashion.
In August 1903, while his appeal was pending, Horn with another inmate of the jail, Jim McCloud, attacked Deputy
Proctor, broke into the Sheriff's office and stole an automatic pistol. Leslie Snow came upon the scene
and gave the alarm. In the meantime Horn and McCloud made it out onto the street with
McCloud and Horn heading in opposite directions. Horn first headed east on 19th Street one block
to Capitol, the Courthouse being on the corner of 19th and Ferguson [now Carey]. Horn then headed
north on Capitol and then east on 20th being chased by a passerby, O. M. Eldrich. Eldrich fired at
Horn and Horn attempted to fire the automatic at Eldrich. Apparently Horn was
unfamiliar with the safety on the automatic and was unable to fire the gun. Pedestrians then
overpowered Horn and he was returned to the jail. See next photo.
Tom Horn being escorted back to jail after escape attempt.
While awaiting the outcome of an appeal,
Horn spent his time braiding a rope, see photo below, and writing an autobiography. Additionally he busied himself
with correspondence. In March of 1902 he had complained to John Coble that except for Charlie
Irwin and Coble he had no visitors.
His appeal was denied on September 30, 1903. Following the denial of the appeal a flury of letter writing
resumed accusing those who testified of perjury. By November Horn seemed resigned to his fate. On
November 17 he wrote Coble:
Dear Johnnie:
Proctor told me that it was all over with me except
the applause part of the game.
You know they can't hurt a Christian, and as I am
prepared, it is all right.
I throuroughly appreceiate all you have done for me.
No one could have done
more. Kindly accept my thanks,
for if ever a man had a true friend, you have proven your-
self
one to me.
Remember me kindly to all my friends, if I have any
besides yourself.
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As preparations for the execution neared, fears arose
that friends would attempt to break Horn out of jail. Thus, extraordinary precautions were
taken to prevent another escape. The Courthouse was surrounded by two units of the Wyoming National
Guard. Deputy sheriffs were at every window. As a result of the turmoil, after the Horn case
was over, all future executions were moved to the State Penitentiary.
Horn weaving rope
At the same time there began a flurry of legal efforts to convince
Governor Chatterton to spare Horn from the gallows. At the end of October, affidavits were presented
to the governor intended to indicate that there was new evidence, including allegations that the
murder was committed by a double. Other affidavits were presented that witnesses had admitted that
they had perjured themselves or had been offered bribes for perjured testimony. The Laramie
Boomerang reported on November 4, quoting the Denver Post, that the legal efforts
were weakening Horn's case:
Gradually the inside facts relating to the affidavits presented to Gov. Chatterton Saturday in
behalf of Tom Horn, the condemned murderer, and the methods employed to secure them are becoming
known. The Frank Muloch Affidavit is regarded as being absolutely worthless and if it has had any bearing
on the case at all it has had a tendency to weaken Horn's plea. It is so plainly evident that there never was a double of
Horn, except the one manufactured in this case, that the affidavit is regarded as a sort of boomerang.
Affidavits in support of
executive clemency were presented to Governor Chatterton that the person in the Scandinavian Saloon was a double for
Horn, a case of mistaken identity. Mulock contended that it was only a "fellow claiming
to be Horn" who made the confession in the Saloon (emphasis in Mulock letter to J. W. Lacey, Oct. 5, 1903). Governor Chatterton dismissed the affidavits noting that the affidavits were inconsistent with
other affidavits presented by the defense relating to the conversations.
The efforts of Miss Kemmell to save Horn were also down played by the Boomerang. The
presentation of Miss Kemmell by Horn's attorneys was regarded as a "bad move" in "the opinion of every one who has
followed the case, and especially those who have seen the woman." Miss Kimmell contended that
Vic Miller killed Nickell.
The Boomerang report concluded:
Joe LaFors [sic], who trapped Tom Horn into making the confession that he
killed Willie Nickell, ridicules the affidavits presented to the
governor Saturday. He says they contain all kinds of misstatements and that
their sole purpose is to save a man from hanging who not only is
guilty of the foulest of crimes but was convicted fairly.
After a trial by affidavits in front of the governor including one which suggested (but did not say) that
LeFors had been bribed not to investigate Miller, Governor Chatterton rejected them noting that
the contents would not have been admissible in a court of law.
Headline, Los Angeles Herald, November 20, 1903
As the date set for execution drew near, the appeals to the governor became more impassioned.
Governor Chatterton received a letter wrtten from Denver's Albany Hotel threatening death if
he did not commute the sentence.
On the afternoon and evening of November 19, Governor Chatterton turned down no fewer than
twelve appeals to delay the execution. Before 6:00 a.m. of the day set for the execution, the governor
was aroused from his bed with yet another appeal. He responded, "There is no use,
gentlemen. This execution will take place at the time set by the
law. I will not interfere in the case. This is final."
The invitations to the hanging were duly issued. The prosecution could invite twelve, Horn six. Kels Nickell was
denied an invitation. Roman Catholic and Episcopal priests visited with Horn, but Horn denied to
Charlie Irwin that he had gotten religion. Invitees reported to the rope barriers at the
courthouse at 7:00 a.m. On the roof, Sheriff Smalley's gatling gun stood guard. While waiting, one Denver Post reporter told the others
as to the number of executions he had attended. The executions were passé, he said. They were
no more emotional that "the killing of a rat." Later, it was discovered that the
stone-hearted reporter for the Post cried during the hanging.
On November 20, 1903, Horn was led to the gallows by Deputy Proctor and
T. Joe Cahill who at the time was a clerk. Cahill later served as
Chief of Police in Cheyenne 1934-1940 and was active in rodeo circles
including the Madison Square Garden Rodeo from 1928-33. Cahill apparently
exhibited some nervousness. Horn commented, "What's the matter, Joe? Ain't
losing your nerve, are you?"
Deputy Proctor placed the noose made from Horn's own rope over Horn's head. Horn
obliged by ducking his head and thrusting it through the noose. Sheriff Smalley and
Joe Cahill then picked Horn up and placed him on the trap.
For the execution, a new type of gallows was introduced using
an automatic trap activated by the weight of the convict, eliminating the
need for an executioner. The gallows were invented in 1892 by Cheyenne architect James P. Julian but had not been
used before. The gallows used a system in which the trap was supported by a two-piece
post resting on a spring. The weight of the convict on the trap, pushed down on the
post depressing the spring. This, in turn, opened a water valve. The water then filled a
can balanced on a cross beam. When sufficient water filled the can, its weight would cause
it to slip off, allowing the cross beam to knock the supporting post out of the way, thus, opening
the trap. This type of gallows remained in use until replaced
by the gas chamber. Colorado on occasion also used a water-activated gallows which, however,
operated on a different principle. Rather than the convict dropping through a trap, the Colorado
gallows used a 50-gallon tank which drained. A float in the tank was connected to
a lever. The lever when the tank drained would release a catch on a pivoting beam connected to a counter-weight. The beam to which the noose
was attached then jerked the convict upwards, hopefully breaking the convict's neck.
Irwin Brothers
Thus, as the Right Reverend Dr. Rafter of St. Marks Episcopal Church offered
prayers and two friends, Charles B. Irwin and Frank Irwin, sang the hymn
"Life is Like a Mountain Railroad," Horn was hanged.
C. B. Irwin (in woolies) in Potato Race, Frontier Day, 1904. See text below. For discussion of
potato races, see Lusk.
Horn had been an entrant in the 1901 Frontier Day Steer
Roping Contest. Charlie Irwin, Frank Stone, and Duncan Clark also entered the
same contest. Clark came in first, taking the $65.00 first prize. Irwin took the
second place prize of $35.00, a fifth of a second behind Clark. Frank Irwin entered the
Cow Pony Race riding a horse named "Uncle Bob." All, at the time, were employed by Coble. The following year,
Charlie Irwin, Duncan Clark and his brother Hugh helped with the stock at Denver's Mountain and Plains Festival. Coble
provided some of the stock including the two best broncs Deadeasy and Steamboat. Frank Stone
was
one of the top five riders. At the completion of the
execution, Charlie Irwin noted, "He sure died game."
Tom Horn being placed in hearse at Gleason's Mortuary. Charles Horn at right.
Horn's body was claimed by his brother Charles. In a later letter to Coble, Charles Horn noted
that he had failed to write his brother prior to the execution.
Horn was buried in Boulder, Colo. The funeral expenses were paid for by Coble. A
guard was posted at the grave.
As a result of an altercation between Coble and Nickell at the railway station over Nickell's sheep,
the suspicion has always been that Coble paid Horn to do in Nickell. This has never been
proven and it may well be speculated that Horn was merely performing an
unsolicited favor of ridding the neighborhood of a sheepman.
In 1903, Coble sold his interest in the Iron Mountain Ranch to his partner Henry Bosler.
Later each accused the other of fraud. After Bosler refused to
pay Coble what he was due, Coble successfully sued Bosler in a bitter action which
went all the way to the Wyoming Supreme Court. Coble nevertheless lost his fortune and went to work as a foreman for
a ranch in Nevada. In 1914, he was let go. On December 4, 1914, shortly after midnight, Coble entered
the coffee shop of the Commercial Hotel in Elko through the 4th Street entrance, proceeded to the lobby and asked
the night clerk for some stationery. He wrote out a note to his wife, and committed suicide in an unoccupied
ladies' restroom using a .32 Smith and Wesson.
Commercial Hotel, Elko, Nev., approx. 1949
Duncan Clark was killed in a hunting accident in April 1906 near Horse Creek
where he was then residing. His death has been used as the basis for various
conspiracy theories. Such theories include: (a) Willie Nickell was killed by Victor Miller using a gun
similar to Horn's Winchester so as to blame Horn; (b) Willie was killed by Jose
"Joe Good" Bueno, an outlaw from Brown's Hole, Colorado; and (c) the Wyoming Stock Growers Association conspired to "blow" the
defense and see Horn hanged rather than have him reveal their being involved in
the killings. A review of Justice Potter's opinion, Horn v. State, 12 Wyo. 80, 73 Pac. 705 (1903),
reflects that every argument in
Horn's favor was raised and carefully considered by the Wyoming Supreme Court. The
Horn case is still cited as precedent in Wyoming courts. It is
extremely doubtful that a lawyer of John Lacey's reputation would join a conspiracy to
lose the case. Extraordinary efforts were made to save Horn including, as
above indicated, appeals to the governor for
clemency.
Some, such as the unknown writer, excused Horn:
It is possible, although highly doubtful, that he killed none at all
but merely let his reputation work for him by privately claiming every
unsolved murder in the state.
It is also possible, but equally doubtful, that he actually shot down
the hundreds of men with which his legend credits him.
For that legend was growing explosively, Rumor was insisting he received
a price of $600 a man.
The best evidence is that he received a monthly wage of about $125, very good money in an era when top hands worked for $ 30 and board.
Rumor had it he slipped two small rocks under each victim's head as a sort of trademark
A detailed search of old coroner's reports fails to substantiate this in the slightest.
One thing was certain -- his method was effective, so effective that after
a time even the warning notices were often unnecessary.
The mere fact that the tall figure with the rifle and field glasses had been seen riding that way was enough to frighten three rustling homesteaders out of the Upper Laramie country in a single week
"My reputation's my stock in trade", Tom mentioned more than once.
He evidently couldn't foresee that it might be his downfall in the end.
He had made himself the personification of the Devil to the homesteaders.
But to the cattlemen who had been facing bankruptcy from rustling losses
and to the cowboys who had been faced with lay-offs a few years earlier,
he was becoming a vastly different type of legendary figure.
Such ranchers as Coble and Clay and the Bosler brothers carried him
on their books as a cowhand even while he was receiving a much larger
salary from parties unknown.
He made their spreads his headquarters, and he helped out in their roundups
In the cow camps, Tom Horn was regarded as a hero, as the same kind of
champion he was when he entered and invariably won the local rodeos.
The hands and their bosses saw him as a lone knight of the range,
waging a dedicated crusade against a lawless new society that was
threatening a beloved way of life.
The wailing , guitar-strumming minstrels of the cattle kingdom
made up songs about him.
By 1898, rustling losses had been driven down to the lowest level
ever seen in Wyoming.
Horn Grave, Columbia Cemetery, Boulder, Colo., photo by Geoff Dobson
In the final analysis, it must be said the jury was there, they heard the witnesses, and,
upon consideration of all the evidence, they found they had no other choice but to
find Horn guilty beyond a reasonable doubt. Thus, the mystery of Tom Horn, the one he took to
his grave, is not if he killed Willie Nickell. Unanswered questions remain after 100 years: Who paid Horn the
$2,100; who paid Horn to kill Isom Dart, Matt Rash, William Lewis, and Fred Powell; and who actually
wrote Tom Horn's autobiography. Was it Horn, as claimed by Coble's widow, or Hattie
Horner Louthan, a sometimes newspaper correspondent and member of the staff of the
Denver Republican? And what of Glendolene Myrtle Kimmell? Miss Kimmell, who stuck by Horn to the end and who blamed
Victor Miller for the killing, never married. She allegedly wrote a manuscript,
The True Life of Tom Horn, portraying Horn as a knight errant caught between two
conflicting worlds. It was never published. What whould it have
revealed? Unfortunately we may never know for Miss Kimmell died at age 70 in Los Angeles, California, on
September 12, 1949. And who is the author of the fragment copied above found
at a Canadian university?
Directions to grave: From Broadway take College Avenue west to
cemetary. Next to cemetery on north side, street widens to permit parking. Grave is at 2:00 o'clock
position from first parking space, about 10 graves in.
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SHEDRICK
In an effort to explain Horn, some have focused on Horn's relationship to his father, mother, and
dog Shedrick. In Chapter 1 of his autobiography, Horn discusses his dog and the lack of recognition
given by his mother to Horn's ability at tracking varmints. Whenever a varmint would
invade the chicken coop, young Horn would be sent out to capture the culprit, but the dog would receive the
credit:
For a kid, I must have been a very sucessful hunter, for when our
neighbors would complain of losing a chicken (and that was a serious loss to them),
mother would tell them that whenever any varmint bothered her hen-roost, she just sent out Tom and
"Shed," and when they came back they always brought the pelt of the varmint with them.
To this day, I believe mother thought the dog was of more importance against vamints than I was. But "Shedrick" and I
both understood that I was the better, for I could climb any tree in Missouri, and dig frozen
ground with a pick, and follow cold tracks in the mud or snow, and knew more than the dog in a good
many ways.
Horn continues by noting that his father would beat the dog and the dog would then not leave Tom for days thereafter.
In the book, Horn describes the death of Shedrick as the "climax" of his home life. Horn
got into an altercation with two emigrant boys following behind their parents
wagon. The fight started when Horn made a crack about the manliness of the larger
boy's choice of weapons, a shotgun. When Horn was getting the better of
the larger of the two, it became two on one. At that point Shedrick came to young Horn's rescue. At the
conclusion of the fight the larger of the two emigrants shot Shedrick. Horn took the dog home
and buried him.
Thus, it may be that Horn did not envision himself as a palidin, but, instead, was subconsciously
still out with Shedrick tracking varmints who had raided his neighbors' and friends' chicken coops, and by
so doing, seeking the approbation of society.
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Music on this Page: Life is Like a Mountain Railroad
by Eliza R. Snow and M.E. Abby
Life is Like a Mountain Railroad
Verse
Life is like a mountain railroad
With an engineer so brave
We must make this run successful
From the cradle to the grave
Watch the curves, the fills the tunnels
Never falter, never fail
Keep your hand upon the throttle
And your eye upon the rail
Refrain
Oh, blessed Savior, thou wilt guide us
Til we reach that blissful shore
Where the angels wait to join us
In God's grace forever more
Verse
As you roll across the trestle
Spanning Jordan's swelling tide
You behold the union depot
Into which your train will glide
There you'll meet the superintendent
God the Father, God the Son
With a hearty, joyous greeting
Weary pilgrim, welcome home
Refrain
Next Page: The Wild Bunch
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