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Non-Fiction:
Published in 1879,, OLIVE AND HIS GANG
The whole nation was shocked, in the month of
December last, by the report that two citizens of
Nebraska had been hanged, quartered, and then brutally
burned by a gang of Texas cow-boys. In western
Nebraska, north of the Union Pacific railroad, and
between the rivers Platte and Niobrara, are some of
the finest grazing lands of the world. Vast herds of
cattle roam over these prairies, and millions of dollars
are employed in the business of stock-raising, creating
thereby a fraternity, as it were, of cattle men,
many of them possessing great wealth and influence.
For some years, and especially during the year 1878,
there was an extraordinary amount of cattle-stealing
going on among the cattle herds of this region, and
at last active steps were taken by the cattle men to
capture and punish the thieves. It seems that two
men, named Ketchum and Mitchell, were implicated
in some of these thefts. Luther Mitchell and Ami
Ketchum came from Iowa, and were living on the
Loup river, in Custer county. They were engaged in
farming in a small way, and Ketchum did the blacksmithing
for his neighbors atJMitchelPs house, with
whom he lived. He was a single man, but it is said
soon intended to marry Mitchell's eldest daughter.
In that section of the country there is constant trouble
between the cattlemen and the settlers who are moving
in, opening farms, and narrowing the limits of the cattle ranges. The cattlemen accused these, with
others, of stealing their stock, and it is believed that
in one instance proof of their pilfering was beyond
doubt. At any rate, they killed Henry Stevens, who
had a warrant for them, and went to their house for
the purpose of serving it.
From the official report taken at the inquest, held
upon the body of Stevens at Kearney, on December
1st, 1878, the following facts are gathered from the
testimony of eye-witnesses: Henry Stevens' correct
name was Robert Olive. He had committed some
crime in Texas, and left that state in 18-77 to take
charge of his brother's ranche in Custer county. He
was elected sheriff in the fall of 1878, but would not
have entered upon the duties of his office until the
following January. He had been deputized by the
sheriff of Buffalo county to arrest Ami Ketchum on
the charge of cattle stealing.
B. Armstrong, a cow-boy, testified: I am twentythree
years old, and live at Olive's ranche on the
Loup river, and take care of cattle for Mr. Olive. On
the morning of the 26th of November, Sheriff Stevens
having deputized me, A. P. H. Beaton, and Albert Harrington,
to go with him to arrest Mr. Ketchum : a Mr.
Mitchell was at Mr. Ketchum's; they were standing
near the house; we passed by Mitchell, as we had
nothing to do with him, and the sheriff told Ketchum
to throw up his hands as he had papers for him; he
did not throw them up, but drew a six-shooter and
commenced firing; Mitchell was off fifteen or twenty
steps, and as the sheriff wheeled his horse around
from Ketchum, Mitchell shot the sheriff through the
back. Before he fired the sheriff said to Mitchell,
"For God sake, old man, don't shoot me." As the
ball passed through his body he threw himself forward
on the pommel of his saddle, and with his companions
rode to a neighbor's, where, four days later,
he died.
Beaton, who was on horseback with Stevens, swore
that Mitchell shot him through the hat, and twice
through his coat collar; that he first used a double
barreled rifle, then a woman ran out from the house
and handed him another gun.
Mrs. Mitchell says, that all four men, the sheriff,
Armstrong, Beaton, and Harrington, begun firing as
they rode up to the house. Mr. Ketchum 's left arm
was broken by a revolver shot by some of the party.
As soon as they learned that Stevens was dead,
Mitchell and Ketchum fearing trouble from Olive
(Stevens brother), or some of the cow-boys, they crossed
over into Howard county, where they were arrested
on the 7th of December, by sheriffs Gillan of Keith
county, and Anderson of Buffalo. 1. P. Olive, the
stock-man and brother, had offered a reward of $700
for their arrest and return to Custer county.
On the afternoon of the 10th of December, Mitchell
and Ketchum arrived at Plum Creek, on the U. P.
railroad, in charge of sheriff Gillan, and Philip Dufrand,
who had been deputized by Gillan. Dufrand
is the " foreman "-on Durfee's cattle ranch, in Custer county. What transpired from this time until the
next morning, when the burned and blackened forms
of the unfortunate men were found hanging to a tree
in a lonely canon of Devil's Gap, forty miles ofi Plum
Creek, is best told by the eye witnesses who were
placed on the stand by the State at the trial of I. P.
Olive and Frederick Fisher. Their trial came ofi at
Hastings, Adams county Nebraska, in the month of
April, 1879, and were found guilty of murder in the
second degree, and by Judge Win. (xaslin, sentenced
to imprisonment for life, and they are now in the penitentiary
at Lincoln.
Mitchell and Ketchum were being taken to Custer
county, to have a preliminary examination for killing
Henry Stevens. While in Plum Creek, they engaged
C. W. McNamar, a lawyer well known in western
Nebraska, to defend them. He was the first witness
called.
His testimony was substantially as follows: Saw
Mitchell and Ketchum at Plum Creek, on the 10th of
December. They were hand-cuffed and shackled together,
and were in charge of sheriff Gillan and Dufrand.
Saw Olive same day at Plum Creek. Mitchell
and Ketchum got into a buggy with Gillan and Dufrand,
and started north towards Olive's ranche. I
followed behind in a buggy. Spoke with Mitchell at
a house nine miles from Plum Creek. Left Plum
Creek at 3 in the afternoon, and last saw the buggy
twenty miles from town. About this time saw three
men on horseback, and recognized 1. P. Olive. I saw
Olive at his ranche next morning, about 9 o'clock, and
and asked him where Mitchell and Ketchum were.
Said first he didn't know; afterward said they had got
away. Olive said he thought Gillan and Dufrand had
wne back to Plum Creek. With others I searched
the country for Mitchell and Ketchum. Found their
bodies in a canon two and a half miles from Olive's
ranche. Mitchell's body was partially on the ground,
it being held up by the chain of the hand-cuff attached
to Ketchum. Ketchum hung above^him with a rope.
Mitchell's clothing was burned off, and body cracked
open. Their faces were black, and their lower limbs
mingled with the cinders and embers beneath them.
I saw Fisher, the defendant, at Olive's barn in Plum
Creek, on the 10th of December.
On cross examination, McNamar said he had a conversation
with Olive in Plum Creek about going out
with Mitchell and Ketchum.
McNamar stated that he followed close after the
buggy that contained the victims in charge of Sheriff
Grillan and Dufrand, and lost sight of it soon after
dark. There was a moon that night, but it was not
up when the buggy disappeared. We drove about
eight miles an hour.
When the three horsemen passed me I was startled.
I thought they might be Indians, and I reined up my
horses. No words were passed between us, when it
occurred to me who they were. I supposed them to
be Olive, Fisher, and Pedro Dominicus.
I pressed forward faster, with the intent to overtake
the buggy. The space covered by the fire that
burnt these men was about three feet in diameter. I
was among the first who found the bodies. I am positive that one of the horsemen who passed me was I.
P. Olive.
Philip Dufrand, who was with the party as a guard,
but not indicted, was called.
He said—I reside in Custer county; lived there
two years; was foreman of the Durfee's ranch. On
the 10th of December, Gillan and I got off the train
at Plum Creek, having come from Kearney with
Mitchell and Ketchum in our charge. Went first to
the Johnson House, then secured our team and wagon
at Carpenter's livery stable, and started for the Loup.
On the way to the Loup saw Mr. McNamar on the
road following. I saw Mr. Olive that night about a
mile and a half from his ranch. Dennis G-artrel,
Brown, and Pedro Dominicus were with him. When
I first saw Mr. Olive he was with the party that took
Mitchell and Ketchum away from us. They came up
with their guns pointed at us and said they wanted
those prisoners. Gillan told them that it was rough;
he ought not to give them up. Somebody said " Get
out of the wagon ; we will take care of the prisoners."
The prisoners were fastened to the wagon. They took
the shackles off and then took the team from us.
They started back on the road, and we went on up
further on our way toward Custer. They said they
would bring the team back to us. Went on 500 or
600 yards, and stopped to light a cigarette. Gillan
then said he heard a gun-shot. I said I thought not.
We walked, and soon saw our team coming up the
road, and it soon reached us. Gartrell came back driving
the team. Mr. Olive came up soon after, and we
got in the wagon. Olive asked where the prisoners
OLIVE AND HIS GANG. 55
were. Gillan said they had been taken away from us.
Gillan told Olive he thought some of the prisoner's
friends had rescued them. I cannot swear Olive paid
Grillan money just at that time. They had some talk
by themselves.
At the Dobey house, near by, twenty minutes after
they took the men from us, I saw Olive, Gartrell, Dominions,
and Gillan there. Pedro Dominicus had
my horse when we got opposite Olive's ranche. The
men that I recognized as the parties who took Ketchurn
and Mitchell from us, were Gartrell, Dominicus,
and Olive. It was between eight and nine o'clock at
night when they took them from us. Olive, Brown,
Pedro, and Gartrell went along the road with us.
Then Olive and his party went to their ranche and I
went to Durfee's with Gillan. (At this point Mrs.
Olive left the court room carrying her baby and crying
aloud.)
Bion Brown, a boy of twenty years, was indicted
with the rest of Olive's men. He turned state's evidence,
and his testimony is corroborated by Dominicus.
Subsequently to the trial he gave the writer the
following account of himself and murder: I left
Fayette county, Ohio, for Ouster county, Nebraska,
in February, 1878, and began work for Olive in March
as teamster and blacksmith at his ranche. Was arrested
in Plum Creek, January 5th, 1879, by constable
Head, on the charge of killing Mitchell and
Ketchum. Sheriff Stephens (Bob Olive) was shot
November 20th, and died at Clear Creek. I. P. Olive
has about 6,000 head of cattle on his range; he sold
1,300 head last year. The ranche is half dug-out and half log-cabin. Doinitiicus, Gartrell, Kelley (a negro),
and myself, were living there. Olive spent most of
his time with his family at Plum Creek. Soon after
dark on the 10th of December, I heard Frederick
Fisher (Olive's hostler) coming up the road whistling.
He stayed fifteen minutes and said he had come to
tell us Olive was on the river (Loup) and wanted the
men to meet him there. Grartrell, Dominicus and myself
went with Fisher. As my horse was drinking in
the river I sawr Olive on the Bluff. He was halloing;
wanted to know why in h—1 we didn't hurry up.
Olive had picked out a spot on Wood river to do the
hanging. The four of us started on a gallop for the
road and in fifteen minutes met the wagon with the
prisoners in charge of Sheriff Gillan and Dufrand.
The team was traveling lively. We rode up to the
wagon and Olive and I stuck our Winchesters in their
faces, and Olive said: "We want the prisoners."
Mitchell and Ketchum spoke not a word, but kept
their eyes on Olive. Gillan said this was rough; that
they could not take the wagon. Gartrell ordered Gillan
and Dufrand out, and then he got in and unloosed
the shackles. Gartrell then turned the team around
and followed us on horse-back. It being cold, the
prisoners were partially covered with blankets. We
rode under an elm tree and Olive said it would not
do; the tree was too large and the limb rotten; then
drove on to a clump of trees, and drove the wagon
with the men under a limb hanging twelve feet from
the ground. We closed around the wagon and here
first saw Baldwin (Plum Creek hotel-keeper) and
Green (saloon-man at the same place). They were on
OLIVE AND HIS GANG. 57
horse-back. Olive took a new rope off his saddle,
which his boy Willie had bought that day, and Fisher
took an old one from his saddle pommel.
We dismounted, and Olive then walked around the
wagon; our horses were held by Green. Olive asked
the prisoners about driving off some of his cattle.
Their only reply was, "Know nothing about it."
Olive then said to Mitchell, U I will shoot you where
you shot my brother." Mitchell buttoned up his
overcoat; kept his eye on Olive, but did not speak.
Olive placed the muzzle of his Winchester against
Mitchell's right side and fired. Mitchell's head fell
back against the wagon-wheel. Dominicus then tied
a slip-noose for Mitchell, and Gartrell made a common
tie for Ketchum's neck which did not slip, and
he must have strangled to death. He was alive when
we left them hanging. When the rope for Ketchum
was thrown over the limb, Gartrel asked if there was
nobody going to pull, and Olive said, " Yes; I can
pull a ton." Olive jumped up, but he was so drunk
his foot slipped off the hub and he fell down. While
Ketchum was being pulled up by Dominicus, Fisher,
Olive, and myself, Gartrel was tying rope around
Mitchell's neck. Gartrell put the rope in Ketchum's
mouth before putting it around the neck and sawing
back and forth in the mouth, said: " I have got you
d—m Smith & Wesson s—of—a—b— where I want
you now." (Ketchum always carried two large
Smith & Wesson pistols and was handy with them.)
Gartrel then stood upon the wagon-seat and tied
Mitchell's rope around the limb. Both men could
have caught hold of the limb had they stood up.
The team was driven from under the tree, and the
hanging men were dragged backward over the seats
and end-gate, and fell with a thud. Olive, sitting on
his horse, said, " I have attended a dozen such weddings,
but this is the best of all." The fire on Mitchell,
set by the fire of Olive's gun, was noticed, and he
told me to put it out. I reached up with the butt of
my gun and rubbed it out, as I thought. I could
have touched it with my hands but did not like to.
The wagon was then driven back on the road to
where we found it; took a jug of whiskey out of it,
which we divided amoug the crowd.
Fisher, Green, and Olive then exchanged their
horses for fresh ones, and started back for Plum
creek. As they rode off Green said "Let's go back
and look on their homely forms once more." The
road passed within a few feet of where they were
hanging, and they may have stopped there. We went
to Olive's ranche, and he and Gartrell got very
drunk. Next morning Olive wanted to go and bury
the bodies—rather insisted on it—but nobody would
go with him. Said he expected to be arrested, but
thought none of the party would squeal on him.
Pedro Dominicus, a tough-looking Mexican of fifty
years, with an absent eye, put out with a pistol shot,
became anxious about his own fate as the trial went
on. When Baldwin and Green were being tried, he
begged permission to go on the stand and relieve his
conscience, asking no reward for this service. He
being unable to talk English, a Spanish interpreter
was furnished. The substance of his testimony is
here given:
OLIVE AND HIS GANG. 59
I was born in the state of Chihuahua, Mexico; left
there in '70 for Antonio, Texas; came to Kansas in
'72; went to North Platte country; worked in 1875
for George Burlis; went to Cheyenne, afterwards to
the Black Hills, and thence back to Nebraska. Began
work for Olive in August, 1877. On the 6th of
January, 1879, was arrested at Plum Creek, and
taken to Kearney, by Sheriff James. Was at Olive's
ranche December 10. The night Fisher came to the
ranche there was there Gartrell, Brown, Bobblitz,
(judge Custer county), the nigger (Jim Kelley), and
myself; Olive gave orders to have plenty of rations
ready; that the two prisoners coming and other men.
Brown, Bobblitz, Gartrell, and myself were playing
cards. I did not want to go out, when Fisher came
and said Olive wanted all of us to go- Did not know
what was wanted, and I told the negro to saddle my
horse, so Bobblitz could go. I was in the kitchen
keeping supper warm, waiting for the party to come.
Bobblitz said he could not go, and for me to go; and
I supposed Olive wanted us to go to Mr. Abel's house
to guard the prisoner. From the ranche to the river,
where we met Mr. Olive, Gartrell and I rode ahead,
and Brown and Fisher rode behind us till we came to
Olive, and then they passed us. The rope I tied was
only five or six feet long; was new, and I tied knots
to keep it from unraveling. There was at the wagon
when we met the prisoners, Olive, Brown, Fisher,
Gartrell, and Green. The wagon drove under a tree,
with a limb hanging over, and I was a little way behind.
I came up half way between the two wheels. At the
time of the hanging Baldwin was off about thirty feet behind the wagon. I did not tie the rope aronnd
Mitchell and Ketchum's neck. When they were
hanging, Brown put the muzzle of his gun against
Ketchum's breast, and I thought he was going to
shoot, and I took hold of my revolver and told him I
would shoot him for a " spot " if he shot Ketchum,
and Brown said he was not going to shoot. I took my
pistol out when I spoke to Brown, but would not have
shot him. Brown had a Winchester rifle and a sixshooter.
When the rope was thrown over, Fisher and
Brown pulled on the rope from the ground, and Gartrell
from the wagon, when Ketchum was pulled up
and Mitchell was lying in the wagon. The slip-nooses
in the rope were tied by Gartrell, who was in the
wagon.
Olive asked Ketchum how many cattle he had killed
during the past winter, and Ketchum said he knew
nothing about it. Olive was near the front wheel of
the wagon, about three feet from the wagon when he
shot. Mitchell sat in the bottom of the wagon. I was
just going around the wagon to hand Olive the rope,
when Olive fired. When I heard the shot I went back.
There might have been more said than I have told, but
I don't remember that there was. When we started
from the house I hesitated about going, and Gartrell
said, " If you don't want to die, you better get on that
horse." Baldwin did not speak when at the hanging,
both remained on their horses, and Green only said to
Olive that he would hold his horse for him. They
were off thirty feet from the wagon. Never saw Baldwin
but once before, and only saw Green but once.
They neither did anything at the tree. After the
OLIVE AND HIS GANG. 61
hanging we started away together. Did not see Baldwin
or Green have any arms. Did not know that
either were present until Green offered to hold my
horse. As we were following behind the wagon, Green
said he wanted to return to Plum Creek, but Olive said,
"No, let's catch up, there's some whisky there." Green
said he didn't want any more. Olive told Baldwin, calling
him by name, that he wanted him to trade horses
with me, and this is the only way I knew it was him.
If I had thought anybody was to have been murdered
on this expedition, I should not have gone. When I
got to the wagon Gartrell had his pistol in Gillan's
face, and heard him say he wanted those prisoners. I
did not draw out my pistol. Gartrel got in the wagon
and said, " Let us go." Gillan started for a horse that
was near by, and Dufrand came around the wagon
with a gun in his hand, and asked where he was
going, and said, '-If you want to ride, get in the
wagon."
The slight conflict between the testimony of Dominicus
and Brown, may be accounted for by Dominicus'
desire to be easy on himself.
I. P. Olive, Frederick Fisher, Bion Brown, W. H.
Green, J. M. Baldwin, and Barney Armstrong, were
ariested at Plum Creek Neb., on Sunday morning,
January 5th, 1879, by W. Nichols, U. P. agent; constable
fm, Head, and A. J. Valentine. Three of the
murdered Ketchum's brothers were on hand had there
been any resistance. Each man in turn looked into
the barrel of a Winchester rifle and then obeyed the
order to "Show up your hands." GKlUa, Duiraad and Dominions were soon after apprehended by sheriff
James, of Dawson county.
Baldwin and Green were tried together, and in their
case the jury disagreed. The new trial has not yet
been ordered. Gillan, Dominicus, and Armstrong
will be tried in Dawson county during the summer.
The legislature appropriated $10,000 last winter to
prosecute these cases. And Attorney General Dilworth,
Judge J. M. Thurston, district attorney Scofield,
0. W. McNamar and Mr. Ash, were employed
by the State. The defendants retained Judge B. I.
Hinman, J. M. Laird, General Conner, F. C. Hamer,
John Carrigan, Win. Neville, and T. L. Warrington.
This group of attorneys represents the best legal criminal
talent in Nebraska.
The reader has had from the preceding pages the history
of the midnight lynching on the far-off Loup.
No attempt at coloring has been made. It was thought
the public would better appreciate the brief unvarnished
tales of chief actors in this terrible tragedy.
Luther Mitchell, and Ami Ketchum died like heroes;
no word of mercy, no murmur of fear escaped their
lips. They sat silent, bound and shackled, unarmed
and powerless, Ketchum with his right arm broken,
Mitchell (old and feeble) and met their fate as only do
the bravest of the brave. Let us draw the black veil
of sorrow over this mournful scene, and hope that the
pine trees standing sentinels on the crests of the deep
Canons of Custer County shall never again be the silent
witnesses of such a damning deed.
Finish