The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-06-09

ing IL, aroused the people or the state
as they had seldom been moved before.
1t occurred May IL, 1898, on a lonely
bend Of the Musselshell river. nearly
100 miles east and north OF Castle.
Gay and his brother-ln-law. Harry
Gross, who had killed brave Deputy
Sheriff William RAIDER. a short time be-
fore, had been brought to bay by Sher-
IN James J. OMAR and posse. They
made a stand In the brush where the
river made q short bend and began
preparations to resist arrest. They
scooped out a rude rifle pit and await
ed attack back to back with rifles ready
to fire at the approach of the officers.
Sheriff OMAR and his men knew that
the outlaws were In the brush. but did
not know their exact location. Shots
were fired at random. but Gay and
Gross did not reply. James Macke. ac-
companied by Fred Lewis and George
8. Williams. started into the brush to
locate the pursued men. They advanc-
ed In single file and some distance
apart. Lewis walked past the rife pit
without noticing Il. His failure to To-
cate the outlaws saved his life. Macke.
some distance behind him. was more
observing. His quick eye caught sight
Of the rude earth work. As he looked.
a man whom Macke and Williams each
said afterward was Bill Gay. threw up
his rifle and fired. Macke was only 30
feet away, and he fell mortally wound-
ed with rifle ball through his abdo-
men.
Then the posse rained bullets on the
rife pit. II Gay told the truth at his
trial; but neither he nor Gross were in
Jured. Macke was borne of the field
under cover Of darkness. Two days
later. after awful agony. he died. say
Ing that II was Bill Gay. whom he had
known for years in the Black Hills. who
had shot him.
Late at night Gay and Gross stole
away, going toward the north. They
hid through the following day and then
started back south. Instead of keeping
to the north. they daringly returned to
Castle. where they knew that everyone
was against them. Ii was at Castle
that the trouble had begun. A store
had been robbed and a warrant was
sworn out for the arrest Of Gross. His
premises were searched. but nothing
was found. When an attempt was
made to arrest him. he, with the aid OF
Gay. escaped. Deputy Sheriff RAIDER
went after the men. He found them,
and was shot and killed by Gross. Then
began the flight toward the Musselshell
that ended with the battle in which
Macke lost his life.
When Gay and Gross returned 10
Castle they found that Gays house had
been burned and that Gays wife and
two daughters and Gross old mother
had been thrust In Jail on a trumped-
up charge. They were kept there for
months, but were finally released on a
writ Of habeas corpus by Judge Frank
Henry Of Livingston. After remain
ing a week In the vicinity Of Castle,
hiding all the while, the two outlaws
separated, Gross going down th-
Shields river to Livingston, and Gay
across the mountains to Bozeman. II
was stormy and cold and Gay suffered
intensely on that long march through
the Badger range. Near Bozeman he
stopped at a ranch and rested for two
days without being discovered. Then
he Travelled on. At Logan he climbed
Into an empty box car only to meet
Gross, who had also taken that route
out OF the country. They proceeded on
foot At Three Forks they found that
Sheriff Caldwell Of Bozeman had been
looking for Gay there the day before.
Reaching Butte without incident the
outlaws boarded south bound train at
Silver Bow Junction and In a day were
out Of Montana into Idaho. At Salt
Lake city they were taken for tramps
and were arrested by the police, but
they broke away and. although fired
on. escaped. Gay never saw Gross after
that.
Gays career from that time on was
one of thrilling incident. He came to
look on almost every man with suspi-
cion. A score Of times he narrowly
escaped detection. and was identified
by several Black Hills men who had
known him years before. They were
usually his friends. however. At last
he was seen by former Deadwood
man who knew his history. That man
Informed Sheriff OMAR Of Gays
whereabouts. In the meantime Gay
had learned from an old prospector
where the Lost Mine. a fabulously rich
gold mine that prospectors had been
searching for for years, was, and went
In search OF 1t. 1t was while on his
way TO the Lost Mine that he was cap
tured at The Needles In Southern Cal
ifornia. He was off his guard at the
time and was easily overpowered. al
though he made a desperate resistance.
After Sheriff OMAR reached The
4>ttults WIFI u IOT 1uy, ne
started across a small plain with him
to the railroad station. Gay broke
away with handouts on and ran for
six miles before caught.
Sheriff O'Mam reached Helena with
Gay early in January. 1896. lie re-
mained here until he was taken to
White Sulphur Springs In September
for trial. A change of venue was
granted by Judge +. X. Armstrong 10
Lewis and Clarke county. His trial be-
gan early In November and lasted one
week. 1t was hotly contested all the
way through. County Attorney CORN
ley OF White Sulphur Springs and
County Attorney Purcell of Lewis and
Clarke conducted the prosecution. and
Lewis Pepwell. J. NJ. Clements of this
city and Max Waterman OF White
Sulphur Springs defended Gay. Scores
of witnesses were examined and as
most OF them came from Meagher
county. the trial cost a large sum,
which the people of Meagher county
must pay The jury was out about an
hour and ahen brought In verdict OF
murder in the first degree.
Gay was sstonished. He really be-
lieyed himself innocent OF crime and
felt certain that he would not be con-
vlcted Of murder He claimed to have
been bounded by the people OF Meagher
county. and he proved on the trial that
no warrant had ever been Issued fog
him. He swore that Gross shot Macke
and not himself. and his attorneys did