Preacher's Fire

“Yes, I’m not hit. How about you?”

“They killed my deputy, and I’ve got a knot on my head where this son of a bitch hit me,” Foley said. The sheriff looked at Harry and Arnold Baker, then chuckled. “I wonder if you saved the county the cost of the execution, or if we will have to pay the hangman anyway? Or, maybe we can just go ahead and have the hanging, only it’ll be Kelly instead of the Baker brothers.”

From the Boise, Idaho, Statesman:

Deadly Shootout in Wyoming !

MURDERERS KILLED WHILE TRYING TO ESCAPE.

Last month the brothers Harry and Arnold Baker committed one of the most heinous crimes in recent memory when they murdered Scott McDonald, his wife, Lucy, and their two young sons, Toby and Tyler. The crime, which happened in Sweetwater County, Wyoming, raised the ire of all decent citizens who knew Scott McDonald as a man of enterprise, magnanimity, and Christian faith. The murderers were tracked down and arrested by Matt Jensen, who had himself deputized just for that purpose. Jensen brought the brothers back to Green River City for a quick and fair trial, resulting in a guilty verdict for both parties. They were sentenced to be hanged, but moments before they were to be hanged, Deputy Sheriff Goodwin was killed, and Sheriff Fred Foley knocked unconscious, resulting in the prisoners being broken out of jail. All this was accomplished by Jerome Kelly, a cousin of the Baker brothers. Jerome Kelly was himself wanted for having provided false testimony at the trial of Harold and Arnold Baker.

Had Matt Jensen not discovered the escape in progress the two brothers would have made good their getaway. In the ensuing shootout Matt Jensen dispatched both murderers with his deadly accurate shooting. The accomplice, seeing that further resistance was futile, threw down his gun and surrendered. A quick trial found him guilty and he is to be hanged for murdering Deputy Goodwin.

Some readers may recognize the name Matt Jensen, as he has become a genuine hero of the West, a man about whom books and ballads have been written. Those who know him personally have naught but good things to say of him. Despite his many accomplishments, he is modest, a friend of all who are right, and a foe to those who would visit their evil deeds upon innocent people.

The Boise Statesman, being published in the territorial capitol, was the largest newspaper in Idaho. And though only five thousand copies were printed, it was circulated by railroad and stage coach throughout the territory so that a significant number of the thirty two thousand people who lived in Idaho, were aware of, and often read, the newspaper.

Sawtooth Mountains, Idaho Territory

Colonel Clay Sherman was a tall man with broad shoulders and narrow hips. He had steel gray eyes, and he wore a neatly trimmed moustache which now, like his hair, was dusted with gray. He was the commanding officer of the Idaho Auxiliary Peace Officers’ Posse. The posse consisted of two officers and thirty-two men, all duly sworn as functioning, though unpaid, deputies to the Idaho Territorial Task Force. Clay Sherman had received his commission from the assistant deputy attorney general of the territory of Idaho, and as such, was duly authorized to deputize those who joined the posse. Sherman and his Auxiliary Peace Officers wore deputies’ badges, but because they were not paid by the territorial government, the posse supported itself, and supported itself very well, by acting as a private police force. Most of the posse’s income was generated when it was hired by the disgruntled to get justice where they felt justice had been denied.

So far the posse had managed to avoid any trouble with territorial or federal law agencies, because they managed to find loopholes to allow them to operate. But their operations always walked a very narrow line between legality and illegality, and had either the territorial or federal government taken the trouble to conduct a thorough investigation, it would have discovered that, in fact, the posse often did cross over that line.

There were many citizens, and a few quite a few law-makers, who felt that the posse was little more than a band of outlaws, hired assassins who hid behind the dubious authority of deputies’ badges. It was also pointed out by these detractors that very few of the wanted men they went after were ever brought back alive, including even some who were being pursued for the simple purpose of being served a subpoena to appear in civil court. The Boise Statesman and other newspapers had written editorials critical of the Idaho Auxiliary Peace Officers’ Posse, pointing out that, despite its name, it had nothing to do with “peace.” Some of those newspapers had paid for their critical observations by having their offices vandalized by “irate citizens who supported the posse,” or so it was claimed.

At this moment, Sherman and few members of the posse were engaged in one of the many private police force operations by which it managed to earn its keep. They were operating in the Sawtooth Mountains, and Colonel Sherman stepped up on a rock and looked down toward a little cabin that was nestled against the base of the sheer side of Snowy Peak. The posse had trailed Louis Blackburn to this cabin, and now their quarry was trapped. The beauty of it was that Blackburn had no idea he was trapped. He thought he was quite secure in the cabin.

Part of the reason for Louis Blackburn’s complacency was due to the fact that he didn’t even know he was being trailed. Two weeks earlier, Louis Blackburn had been tried for the murder of James Dixon. At least three witnesses testified that Dixon not only started the fight, he had also drawn first. The jury believed the witnesses, and found Blackburn not guilty, and not guilty by reason of self-defense. The judge released him from custody and Blackburn went on his way, a free man.

The problem with the court finding was that not everyone agreed with the verdict, and principal among those who disagreed was Augustus Dixon, James Dixon’s father. And because the senior Dixon had made a fortune in gold and was now one of wealthiest and most powerful men in Idaho, he was able to use both his money and influence to find an alternate path to justice, or at least the justice he sought.

Dixon managed to convince a cooperative judge to hold a civil trial. It was Augustus Dixon’s intention to sue Louis Blackburn for depriving him of his son. No official law agency of the territory of Idaho would serve a subpoena for the civil trial, but then, Dixon didn’t want any official law officer involved in the process. Dixon hired Clay Sherman and his Idaho Auxiliary Peace Officers’ Posse to run Blackburn down and bring him back for civil trial.

Sherman had eight men with him, and as he looked back at them he saw that everyone had found a place with a good view and a clear line of fire toward the cabin.

“Lieutenant,” Sherman said to Poke Terrell, his second in command.

“Yes, Colonel?”

“It is my belief, based upon our conversation with Mr. Dixon, that he doesn’t particularly want us to bring Blackburn back alive.”

“Yes, sir, that is my belief as well,” Poke replied.

“You know what that means then, don’t you?”

“Yes, sir,” Poke said. “We have to get him to take a shot at us.”