Butch Cassidy

Butch Cassidy by W. C. Jameson Page B

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Authors: W. C. Jameson
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State Tribune , a letter written by Caverly was published in which he described the confrontation with Cassidy. Caverly wrote that, after he informed the outlaw he had a warrant for his arrest, Cassidy suggested they “get to shooting,” and the two men pulled their guns. According to John Rolfe Burroughs, Caverly said he placed “the barrel of my revolver almost to his stomach, but it missed three times but owing to the fact that there was another man between us, he failed to hit me. The fourth time I snapped the gun it went off and the bullet hit him in the upper part of the forehead and felled him.”
    Ultimately, the result was that Cassidy was grazed in the head by a bullet and rendered unconscious. By the time he regained his senses, he had been handcuffed and formally arrested.
    On July 15, 1892 (some sources say July 16), Butch Cassidy and Al Hainer were both charged with stealing a horse valued at forty dollars. They pled not guilty and were placed in jail, with Butch being booked under the name George Cassidy. A short time later, the two men hired lawyers Douglas A. Preston and C. E. Rathbone to defend them.
    Cassidy and Hainer were subsequently released on a $400 bond and appeared in court in June of the following year. On June 22, 1893, both men were found not guilty of the crime of horse theft. On June 19, however, another charge of stealing a horse was filed against Cassidy and Hainer. The complaint charged the two with stealing a horse from a Richard Ashworth (sometimes reported as Ainsworth) two years earlier. Ashworth, who was from Great Britain, was the owner of the Grey Bull Cattle Company. Cassidy’s friend, Douglas Preston, served as an attorney for the defense once again.
    On July 4, 1894, a verdict was delivered that found Butch Cassidy “guilty of horse stealing, as charged in the information, and we find the value of the property stolen to be $5.00.” Al Hainer was found not guilty. Attorney Preston filed an appeal, but it was denied. Cassidy was subsequently sentenced on July 10 by Judge Jesse Knight to serve two years of hard labor at the Wyoming State Penitentiary at Laramie. The maximum penalty was ten years.
    Following the sentencing, Cassidy and Hainer separated, never to be reunited. After having time to consider the circumstances of his sentencing, Cassidy eventually became convinced that Hainer bargained with the court, providing, or perhaps manufacturing, evidence that led to the guilty verdict in return for his freedom. Cassidy also ultimately came to believe he had been set up by the cattle barons and that Hainer was involved in the plot.
    Butch Cassidy was delivered by Fremont County sheriff Charles Stough to the prison on July 15 in the back of an open wagon along with five other men. Stough was accompanied by his deputy Harry Logue and Lander constable Henry Boedeker. Cassidy was the only prisoner who was not shackled, and when a prison official asked why, Boedeker explained that Cassidy was the only one who could be trusted not to escape.
    He was admitted into the prison as George “Butch” Cassidy, convict number 187. Over the years biographers, using only prison records, have often applied the first name “George” to the famous outlaw, either claiming or suggesting it was his real first name. Not wishing to visit the shame and embarrassment of his misdeeds and sentencing onto his family, Cassidy found it easy to lie to prison officials about his name when his admission form was filled out. He also told them he was from New York City, that his parents were unknown, that he did not know the whereabouts of any living relatives, and that he had no religion. He was listed as being five feet nine inches in height.
    In prison, Cassidy was well behaved and worked hard. He had several opportunities to participate in escape attempts but declined. The notion has been advanced that Cassidy learned a lot about criminal activity while imprisoned. Although he was a convicted horse thief,

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