The sentiment of the people was strong for a conviction. Rowan had many
friends, and the cattle interests were anxious to see him acquitted. But
the killing of Gilroy had been so unprovoked that it had aroused a
bitter and widespread resentment. The feeling of those not involved in
the cattle and sheep war was that an example must be made. Shoshone
County had irrigated lands for sale. Its oil fields were on the market
for exploitation. Its citizens were eager to prove to the world of
investment that the wild, turbulent days were past, that Wyoming had
arrived at a responsible sobriety which would not tolerate lawlessness.
Once for all they meant to show the night raiders that they were within
reach of the courts.
Haight, the new district attorney, was a young man, almost a stranger in
the county, and he wanted a record for convictions. Therefore he brought
McCoy to trial for the murder of Gilroy rather than Tait. Gilroy had
many friends and no personal enemies. He was a quiet, peaceable man.
Apparently he had been shot while unarmed and trying to escape. His
killing had been wanton and unprovoked. It might be claimed that Tait
had always wanted trouble and that he had been struck down while firing
at his enemies. But in the case of Gilroy this plea would not stand.
The courtroom was crowded to the windows. Two bailiffs stood at the door
and searched every man that entered; for the feeling was so intense that
the authorities did not want to take the chance of any possible
outbreak. A gun in a hip pocket was too easy to reach.
In his opening statement the district attorney told the story of the
sheep and cattle war. He traced the source of the bad feeling between
the prisoner and Tait, and showed that the bitterness extended to
Silcott and Falkner, two others charged with this murder, one of whom
had been wounded and the other beaten up by the sheepman. The
prosecution would prove that both Silcott and Falkner had made threats
against Tait, that Falkner had been seen to take a rifle from a ranch
bunk house in the dead of night, and that McCoy had led the party which
killed the two sheepmen. It was, he claimed, immaterial to the case of
the State whether McCoy had or had not fired the shot that killed
Gilroy. He would introduce evidence tending to show that the prisoner
actually had fired the shot, but his honour would tell the jury that
this was not necessary to prove guilt. The testimony would show that
McCoy with three of his companions rode back to the Circle Diamond
Ranch, pretended to the housekeeper that they had spent the night there,
and after breakfast returned to the round-up camp, burying on the way
the rifle that Falkner had been seen to take the night before.
Public-domain text, read in full here on John Shaqi.
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