Nebraska History

Next Case Goes Up a Tree: The Vigilantes of Wyoming and Nebraska – Part I

By Pippi Van Slooten

   This two-part article compares the development of vigilante groups in early Nebraska and Wyoming.  Research indicates that Nebraska may have had a quicker restoration of law and order due to its less “colorful” population. While Nebraska was for the most part settled by farmers looking to build a stable community, Wyoming was settled by fortune seekers, rebels and outlaws brought by the expansion of the railroad.  This article will be continued in the March issue of Nebraska Cattleman.

   During the early days of U.S. western expansion, “vigilance committees” developed for the mutual protection of stock-raising interests and to prevent illegal claim jumping.  In Nebraska, particularly in the northern Niobrara region, the canyons and the landscape made the area attractive to horse and cattle thieves. In Wyoming, settlement and the railroads arrived at virtually the same time and a mixed group of ex-Confederate and Union soldiers, Mexicans, New York Irish and ex-convicts from eastern states laid the tracks in the area. Boom towns also developed along the line where ranchers trafficked in whiskey and guns, causing army forts to spring up to protect the construction crews. But problems soon arose as commanders complained about alcoholism and desertion and as soldiers were often used as hired muscle by the railroads to destroy shanty towns and squatters on “their” land.

   While vigilantism was viewed in Nebraska as a “western extension of democracy” where citizen groups had a right to organize for mutual protection in the absence of government or law enforcement, vigilance groups formed in Wyoming to drive out undesirables and often carried out lynching under the guise of the law. While both states experienced periods of vigilantism and lawlessness, not all frontier justice was the same in either scope or intent.

   “Frontier Law” was not codified law at all, but was a rugged individualist mentality influenced by Texas cattlemen who were driving their cattle northward for shipment to eastern markets. After the impact of the Mexican War and later the Civil War, these Texans were used to handling their own interests independent of the Federal government. But under the auspices of the Federal government through laws such as the Homestead Act, settlers from the East were encouraged to travel west. Often these two groups were brought together ahead of established law and order and bonded together to protect their interests with deadly results.

   Protective associations were formed throughout U.S. history for various purposes. Before the Revolutionary War, these associations were formed as secret societies for the purpose of resisting the British and to find and punish Loyalists. In the Niobrara River region of Nebraska (Sioux County, Box Butte County, Sheridan County, Cherry County, Keya Paha County, Boyd County, and Knox County) the reason for ranchers to form vigilante groups was to protect their property from theft for government hadn’t been organized yet and the remote landscape sheltered thieves.

   Property would frequently be stolen from early settlers in Nebraska’s eastern counties, so “Settler Defense Clubs” formed to defend settlements against claim jumpers and horse thieves. The Plattsmouth club preserved law and order in the Cass County area from 1854-1855 and was the largest and most active of these clubs at around 300 members. In 1855, this club merged with others into The Vigilantes Band, but its authority became more restricted after territorial organization in 1854. In the 1860s-1870s, vigilance committees flourished in the Midwest, but the membership rosters were kept secret. By 1865, the eastern counties were densely populated and regular government and law enforcement were established. In 1868, horse thefts began to rise in the areas of Burt, Cuming and Dodge counties. A “Protective Association” was formed among the settlers, but some felt the name wasn’t strong enough so it was renamed the “Vigilance Committee.” Sixty-five to 75 men were enlisted from the area and their horses were branded with the initials of their counties (BCD), but excesses soon occurred. In one instance 20 “Regulators” mostly of German, Swedish and Irish decent, were mobilized after nightfall to punish an Indian who allegedly beheaded a homesteader.

 In 1875 there was a surge in westward migration to the Niobrara region, mostly due to the Homestead Act. In 1878, large ranchers stocked with Texas cattle that had been steadily breeding during the war, were established along the river and in the public domain. The Niobrara Mutual Protective Association was the first vigilante group formed in the area, and it was formed mostly to stop cattle theft. Local government had not been established yet due to the inaccessibility of the region. For instance, to summon a sheriff it was necessary to ride horseback through remote areas to carry the word in person and then messages had to be shouted across the river and carried on by another rider. The icy river was a barrier to travel and communication, so very little property would have been recovered and very few thieves brought to justice. The numerous canyons were also excellent hiding places for thieves and promoted stock theft. The vigilante period in this region covered 15-20 years. The most activity took place in Keya Paha County (across the treacherous Niobrara River) and it became known as “Mob County.”

   Although the vigilantes were taking much needed action in the absence of effective government, excesses were committed and vigilante justice fell from favor. In the 1870s, the most active horse stealing gang in the region was headed by Doc Middleton who was captured and sentenced to prison in 1879. Kid Wade, a member of his gang, went on to form his own gang and continued to terrorize the region in the 1880s until his capture in 1883. The local newspaper reported that Kid Wade was being kept prisoner by “Regulators” and as a result, the vigilante group brought Wade before the public so they could question him as to his treatment and to publicly refute the charges of hangman’s justice. While in custody waiting to stand trial, a mob of masked men took Wade and hung him. Regular citizens felt that the law should have been allowed to take its course, whatever the result.  Y By Pippi Van Slooten, a doctoral student studying Political Science at the University of Nebraska, Lincoln. Her work includes research for the Nebraska State Historical Society on topics regarding the history of the Nebraska beef industry. Next month, this article continues with the comparative story of vigilantism in Wyoming and how the two regions evolved into lawful societies.