RUSTLERS AND OUTLAWS...JURY OR HANGIN'! by PHYLISS MIRANDA

Welcome lovers of the ol' West. For my first blog, I wanted to write about something western ... really western. Although I was born and raised in the Texas Panhandle trust me, horses run when they see me comin'. I haven't had good experiences with horses but admire them as a symbol of the true west. That's why in my historical western's, you won't have me doing a whole bunch of fancy stuff with a horse. My characters typically "get on and get off", although with some research and friends with a lot of patience, I have written a couple of scenes that ended up being pretty dern good.

I thought today it'd be fun to talk about another part of the Old West ... cattle rustling.

In the Old West, the terms rustling and rustler had several meanings. Livestock who forged well were called rustlers by cowmen; meaning the animals could graze or “rustle up” nourishment on marginal land. A horse wrangler or camp cook was also a rustler, but the most widespread and notorious use of the word referred to a cattle thief.

On the vast open ranges of yesteryear, rustling was a serious problem and punishable by hanging. At its peak, one of the largest ranches in the Texas Panhandle had over 150,000 head of cattle and a thousand horses. Obviously, thieves could drive stolen livestock miles away before a rancher learned he had animals missing.

The vast distances to town, hence law enforcement, often prompted ranchers to take actions of their own. Court convictions for rustling were difficult because of the animosity of small ranchers and settlers toward big cattle outfits. Many times, “vigilante justice,” hang ‘um first...ask questions later, was handed down by organized stockmen. Like horse thieves, cattle rustlers could be hanged without benefit of trial, judge or jury.

Today, even with detailed brands logged in books, registering with state officials, inspectors, and the meticulous paperwork involving transportation, not to mention a new era of branding technology to keep track of animals, ranches still face cattle rustlers...those dishonest people who want to profit from selling cattle without the bother of raising them.

No longer is a single head of beef stolen for food or an occasional American Indian slipping off the reservation to provide for his family... it is big business. Modern day rustlers often sneak onto rural ranches at night, or on weekends when the owners are away, steal and sell cattle. An average calf can bring thousands of dollars on the open market; so multiply that by a trailer, or even a truck load, of cattle and you can see why it’s a profitable business to thieves.

Amid warnings that cattle rustling is on the rise in Texas, recently the state Senate passed a measure that would stiffen penalties for stealing farm animals, making theft of even one head of livestock a third-degree felony drawing up to a ten year prison sentence and a fine. Until the proposal is signed into law, a rustler can steal ten or more head of livestock and the punishment is a drop in the bucket in comparison to the law of the Old West ... hang ‘um high and fast. But was hanging always fast and efficient?

I became interested in cattle rustling and the methods of rustlers researching for “Give Me a Cowboy” (Kensington 2009) where my Pinkerton Agent comes to the Panhandle to break up an outfit of rustlers. But I became interested in “vigilante justice” from my mother-in-law, who passed on in 2009 at the age of 93. A story teller, she was raised in Clayton, New Mexico. One of her favorite tales was about the outlaw Black Jack Ketchum, the first man hanged in the town. His execution turned into a big town event, with the lawmen actually selling tickets to the hangin’. As history has it, the sheriff had to use two blows of the hatchet before the rope broke. Probably because of their lack of experience in “structured” hangings, coupled with the lawmen misjudging Ketchum’s weight and stretching the rope during testing, he was beheaded. Ketchum was buried at Clayton’s Boot Hill on April 26, 1901.

But my mother-in-law’s story only began there. Three decades later, when she was in grade school, Ketchum’s grave was moved to the new cemetery. Because her father was Clayton’s mayor, she witnessed the reburial. According to her, they opened the grave and she and her cousin touched the bones of Ketchum’s little finger. I’m sure in those days a casket did not weather well.

To me it’s so fascinating when history bridges time and touches our lives. Do you have a family story where history inserted itself into reality?


To one lucky person who leaves a comment today, I will send you either a paperback or a hardback of “Give Me a Texas Outlaw” anthology which I shared with fellow Texas authors Jodi Thomas, Linda Broday, and DeWanna Pace.