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AV WILL SAFEGUARD WYOMING’S INTERESTS-VOTE FOR THEM
e 1 ■ - ■ Founded In 18W by Col. W. F. Cody (“Buffalo Bill”) and Col. Peake. I - - -I VOLUME 24. NUMBER 11. HARRY L WIARD SHOT WHILE ARRESTING PROHIBITION AGENT FOR INTOXICATION Hodge Attempts To Use Blackjack On Rex Spencer-Officer’s Jaw Broken-Wiard Held Under $9,000 Bond Readily Furnished By Citizens. (Caroline Lockhart) Not since the killing of I. O. Mld daugh by the hold-ups who attempted to rob the first National Bank, has the community been so aroused as it is over the shooting of Harry L. Wiard. day marshal, by Galen B. Hodge, Fed or* rrohibition officer, whom he was arresting for being intoxicated on the main street of Cody last Thursday night. As a result of the street battle ] 'which followed, here are a few of the things that have happened: Galen B. Hodge is In bed with a broken jaw and two front teeth miss ing. Harry L. Wiard is in bed at the Ainsworth Inn with a hole in his leg and is charged with assault and conspiracy by M. C. Wachtel, Field Manager of the prohibition forc es at Cheyenne, and held under $9,000 bond. Rex Spencer is held under $6,000 bond upon the same charges filed by' Wachtel, acting for the government. J. H. Van Horn, the County Attor ney, has refused to prosecute Hodge and is co-operating with the govern ment officials against the town offic ers. The Town of Cody has employed William L. Simpson as special coun sel to defend Wiard and Spencer and directed him to petition Juge P. W Metz to command J. H. Van Horn to prosecute Hodge for resisting an offi cer. assault anr attempted murder. Thursday at 10 o’clock Hodge will be taken before Police Judge Owens to answer the charge of Rex Spencer is held upon a liquor charge and placed under bond to the amount of SSOO. Rex Spencer has been appointed night marshal by Mayor R. C. True blood and his appointment confirmed i by the town council. Wiard and Spencer will have a pre-’ liminarv hearing before U. S. Commis sioner C. M. Cox upon the assault and conspiracy charges at two o’clock on Thursday. Petitions which are rapidly flllling up are being circulated asking Judge Metz to require J. H. Van Horn to prosecute Galen Hodge for Assault with attempt to murder. Carl Jackson. Federal Prohibition Commissioner. Merle C. Wachtel, field manager, and a deputy U. S. Marshal from Cheyenne are here representing the prohibition forces, while the little town of Cody finds itself in the unique position of going to the mat with the United States government. When the county attorney, J. H. j Van Horn, refused to act for the town. E. J. Goppert volunteered his ser vices to Mr. Van Horn and Goppert is now co-operating with the Federal an-1 thorities in their efforts to substan-1 tiate their charges against the townj marshal and Rex Spencer whom > Wiard deputized after he was wound ed. Rex Spencer is held under $6 r bond upon two charges—--assault under; state laws and conspiracy under the Federal code. Wiard, placed under $9,000 bond is held upon similar char ges. These bonds, excessive and un heard-of, are for appearance before the Commissioner from day to day. The bonds were quickly furnished by Cody citizens after Spencer’s hear ing before the U. 3. Commissioner, C. M. Cox, last Monday. The townsfolk crowded round, eager to be bondsmen and Joe Ganguet, D. A. Tinkcom, L. C. Freeman, O. D. Marx and Stanley Quick were accepted. If Spencer and Wiard are bound over, the cases will be thrown into the Federal court and tried at Chey enne. With but few exceptions, the town is a unit against what they consider an outrageous proceeding on the part of the prohibition officers. Wiard has always been looked upon as a par ticularly efficient martehall, showing coolness and good judgment in the discharge of hlo duties. The story of the affair as told by ■witnesses varies only in minor details and is as follows: Early in the evening Wiard was standing by a machine in front of the' Irma talking to the occupants when two women came out of E. J. Gop-i •pert’s office and walked over to the open air dance pavilion where they stopped by the electric light pole.; I They were women against whom com •plaints of misconduct had been made eific Cody Enterprise CODY, PARK COUNTY, WYOMING—GATEWAY TO YELLOWSTONE NATIONAL PARK to Wiard and he noted their passing. Shortly after, Hodge came along and joined them. The marshal i thought he would see what was going i on and followed them to the house where the women were living. After seeing them go in together he went down town and told the night marshal, Joe Davenport, that the wo men and Hodge were evidently going 1 *to “put on a party” and to keep an teye on them. The neighbors already had criticised the revelries held there. Wiard then went home and retired. Davenport met Rex Spencer and asked trim if he wanted to walk up and see what was happening. The two went to the back of the house where the shades were up at the kit chen window and allege that they saw , t’.e women and the Federal Prohibi tion enforcement officer drinking gin ger ale high-balls. Hodge, they assert, was visibly In ■toxicated, so much so that he lurched and staggered. They watched the entertaining scene for an hour or more and then concluded to call Wiard to ask what <o do in the matter. Wiard slipped his coat and trousers over his night i clothes and found everything trans piring as they had stated. He then awakened James Rager, a neighbor, to witness the scene in the kitchen. About twelve o’clock, Hodge took his departure, followed by Wiard. Davenport talked to Rager in his house a few minutes while Spencer stayed at the women’s house until the lights went out. Then he walked 1 down after Wiard ax.d Hodges. At Richard's Museum Wiard over took Hodge and told him he was drunk and that he intended to arrest him. Hodge declared that he could not arrest a Federal officer and de fied him. They walked down the main street together until they reach ed the millinery shop of Mrs. Ott Cas sady. There Wiard laid his hand on Hodge to take him across the vacant lot to the lock-up. Hodge immediately resisted and during the struggle pulled his six shooter. He placed ia against Wiard’s leg and pulled the trigger. Then Hodge raised the muzzle and shoved it against Wiard’s stomach but before he could shoot again Wiard twisted it away from him. By this time Spencer had run up and Wiard deputized him to take Hodge. The prohibition officer broke away and ran to the corner of the .Cody Trading Company, up behind the First National Bank and through the alley. In the meantime he had pulled out a blackjack and Spencer did not want to tackle him. This blackjack, which ! was taken from him later.was of leath-i [er and heavily loaded with babbitt ■ i metal. The carrying of a blackjack ’ is against the law as it is a wicked weapon as deadly as a six-shooter. A , single tap from this in the right place ' would have felled an ox. On the edge of the sidewalk near the shop across from the Irma Hodge stumbled and fell on his face when after another struggle Spencer got; him. Wiard arrived and they took him to the Mint where he telephoned for Sheriff Davis. When Davis came he ordered him to arrest Wiard. Davis accordingly placed Wiard under arrest and told him he was going to take him to thf town lock-up. Wiard refused to go. By now. Dr. O. C. Kinney had respond ed to the call for him and backed Wiard up In his refusal. Both Hodge and Wiard were then taken to the Hotel Chamberlin. F. .M. Lane was called by Davis to at tend Hodge and after she had looked after him Davis endeavored to foist her upon Wiard who refused to ac cept her as his physician. Dr. Kinney as vigorously protested against giving up a patient who had •requested his services. The next morning about 9 o’clock i Wiard was taken to the county jail and put in a cell next to the toilet. The day was chilly, the windows were open and the wounded man had but one blanket under him and none over I him. He got up and walked up and ' down his cell to keep warm. | When Dr. Kinne came to dress his leg he refused to touch it in the un ’ sanitary surroundings, as the chief i danger was from blood-poisoning. Davis refused to let Wiard be mov t ed, saying that such were the instruc- AND THE PARK COUNTY ENTERPRISE HAY AND SNYDER TALK TO LARGE FRIENLY AU DIENCE HERE TUESDAY A large and enthusiastic audience of voters greeted John W. Hay, Republi can candidate for governor, and John M. Snyder, candidate for state treas urer, at the Temple last night. The ! speakers were introduced by J. M., Schwoob. Mr. Snyder’s talk was very brief and to the point, his chief promise being to co-operate with Mr. Hay in giving the state a real business admin istration. Mr. Hay reiterated his promise of | lower taxes, made in the primary, and stated that the state government, like the indvidual, must get down to nec essaries only in these times of stress. He promised, if elected, the strictest sort of business administration. He also warmly praised the work of Con gressman Mondell in behalf of the state’s interests. PRIZE BABIES AT PARK COUNTY FAIR The following are the prize-winners ’at the baby show held in connection with the county fair, according to the verdict of the judges: Youngest Baby—Ge.neva Edith Wil-, Hams, daughter of Mr. and Mrs.Clar- : ence Williams. Oldest Baby—Miss Bessie Nuckols. Fattest Baby—Dixie Blanch Thurs ton, daughter of Mr. and Mrs. Lester Thurston. Prettiest Baby (over 1 year old) — Geraldine French, daughter of Mr. and Mrs. C. P. French. Prettiest Baby (under 1 year) Peg gy Holm, daughter of Mr. and Mrs. Roy Holm. STILL STEPPING OUT OVER ON BALD RIDGE Special to The Enterprise. A. M. Walters and Ed Manning are up in Sunlight Basin gathering- up their cattle. Also Gordon Knfseley. Mr. Ward of Crandel Creek stopped on his way to Powell with A. M. Wal ters. Mary A. Say was in Cody taking in the fair, also doing some shopping, and took a dip in the mineral springs, which she thinks is the most wonder ful swim you could rave. Mrs. John Nielseu is g'Mng east this week and will be gone tor 3 months to Peoria, 111., St. Louis, Mo., and St. Paul. Mrs. Mary A. Say was at Mr. and Mrs. John Nielsen for 2-3 day giving them a visit. The weather out in the good old mountains is sure fine this fall. A. M. Walters has it very handy now. He piped the Spring so the wa ter runs near the house, also down to the barn so stock will have it fine this winter when snow gets 22-28 in. deep. I thank you. WYOING HUNTER BULL DOGS BIG BUCK DEER N. P. Brown of Sheridan is credited with having become provoked at an unwieldy gun on a deer hunt near Arvada last week and bulldogging a buck deer in real western style. Brown cornered the animal in a draw along Powder river, where he was hunting, and succeeded in grap pling the animal by the antlers; and after a terrific battle, choking the ' deer into unconsciousness. Brown’s only comment on the situation, as re ported by friends in his party, was that he “was ammunition ahead.” Fred Morris has returned from his hunting trip and was in town replen ishing his grub supply the end of the week. tions of the prosecuting attorney. Dr. Kinney then went and brought Dr. Louis Howe to pass on the condi tions In which the authorities de manded that he dress an open wound. Dr. Howe declared that it was un thinkable, and both physicians refus ed to treat him in such circumstances. They left the jail and remained away until the Prosecuting Attorney telephoned Dr. Kinney that they had I decided to let him go to the Ainsworth , Inn and hold him responsible. Wiard was accordingly removed to; Dr. Kinney’s home where he has been ever since. The Eagles, of which society Wiard is a member, are prepared to go the limit in his defense and the town council have taken the same attitude hacked up by all but a handful of the local reformers and fanatics who have made conditions in Cody intolerable and the town laughing stock ever since the present sheriff, C. A. Davis, 'has been in office. CODY ENTRANCE TO PARK LEADS THEM ALL IN AUTOMOBILE TRAVEL One person out of every thousand ■ in the United States, approximately, enjoyed the privilege of touring the I j Yellowstone national park during the; season just closed. The total number of visitors was nearly 100,000 and they came from every state in the union, all the terri-| - tories and insular possessions of the, I United States, and twenty-three for-j eign countries. The precise total of visitors to the park during the 1922 season, which opened June 18th and closed Septem ber 20th, was 98,223, which figure is far in excess of any previous travel total for the Yellowstone. It exceed ■ the 1921 total of 81,651 —and that was the biggest previous year—by 16,572, the increase being divided almost equally between rail and automobile ; travel. Os th© total 1922 travel, 33,358 vis ! itors came by the several railroads approaching the park, and 64,865 by automobile or other private convey-; ance. | The western entrance to the park. West Yellowstone, Montana, contin- • ued to lead in rail travel, 17,094 peo ple entering the park by that route. The northern entrance, with 10,861, ’ came next in point of numbers and the eastern entrance third, with 5,304. The eastern entrance again proved first in attracting automobile travel. 20,039 motorists favoring Cody and . the scenic Shoshone Canyon as an approach to the park. The states of Montana, Idaho, Wy oming, California and Utah lead in automobile travel, in the order named. THE MAN FOR THE WORK No man in Wyoming, perhaps, has a „mpre thorough knowledge of Wyom ing, its economic structure, physical; resources and possibilities, develop-1 ment opportunities and government than has John W. Hay. For thirty years he has been identi fied with industry and commerce in I Wyoming; for three decades he has been bending his intelligence and en-, ergy to the development ot Wyoming resources and Wyoming opportunities. He has made it his business to ac quire broad and deep knowledge in his business, and how’ profound is his knowledge of Wyoming is attested by his success. He is in a position to turn from per sonal to public affairs and, at the ze-j ml th of his vigor of body and inteelect, ‘to give to the state which he has help ed to build and of which he is so fond ly proud the benefit of his broad knowledge and long experience. His observation of governmental af fairs has taught him —as their per sonal observation has taught a large number of other observing Wyoming ites—that government in Wyoming) -has reached a stage where there are, acutely needed reforms attainable only through the application of busi ness principles to government, and he feels that his training and experience 1 qualify him to institute and enforce practices and procedure which will ( achieve these reforms. The taxpayers of Wyoming are sin-, gularly fortunate that in circumstanc-i es such as those involving and con fronting the government at this time there is available for the office of governor a mah of the type and train ing of Mr. Hay.; and it is not conceiv able that more than a very small mi nority may be driven by purblind prej udice to seek to reject the service which he tenders and which he, as well or better than any other man el igible to the governorship of the state, is capable of delivering. RUBBING IT IN W. S. Owens, the subterranean ton sorial manipulator and police judge, is slightly peeved. One day last week he fined Tom Cook, one of Cody’s old timers $lO and costs for being in a state of spifflication upon the street. In his suave and fatherly way the, judge gave the prisoner a virile lee-, ture regarding the offense and warned, him carefully against its repitition. , The Judge says that the fact that the offender got drunk again the same afternoon might be overlooked, but his action in going to sleep right against ' the judge’s own building could almost I be construed as contempt of court. A lot of people will agree with him. ONE SCHEDULE UNCHANGED In spite of the new tariff measure, some of the women will continue tn marry for revenue only while others will wed for protection. WEDNESDAY, OCTOBER 18, 1922. Cheyenne Prohibition Officer Files Complaints Charging Wiard and Spencer With Assault, Conspiracy And Interference With Officer In Performance Os His Duty. ’ Following are the charges, verbat j'im, which were filed by Merle C. | Wachtel, acting for the government, with the U. S. Commisioner, C. M. ; Cox: AFFIDAVIT, COMPLAINT OR IN FORMATION FOR WARRANT United States of America, District of Wyoming, ss. Before me, C. M. Cox, a United I States Commissioner for the District of Wyoming, personally appeared this day Merle C. Wachtel who being first duly sworn, deposes and says that on or about the 12th day of October, 1922. at Park County, State of Wyom ing, in said District, one Harry L. Wiard in violation of Section 65 Fede-' ral Penal Code of 1910, uiu unlawfully, 1 wilfully, knowingly and feloniously use certain deadly and dangerous weapons at Galen B. Hodge, he. the said Galen B. Hodge then and there being an officer of the Internal Reve , nue of the United States, and did then I and there use deadly and dangerous weapons in resisting him, the said Galen B. Hodge, in the execution of his duties as such officer of the Inter nal Revenue of the United States, with intent to commit a bodily Injury upon him, the said Galen B. Hodge, and to deter and prevent him, the said Galen B. Hodge, from discharging his duty as such officer of the Internal Reve nue of the United States, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the Unitel , States of America. Deponent further states that he n «s reason to believe and does belie ze that Galen B. Hodge is a material wit ness to the subject matter of the ’ complaint. AFFIDAVIT, COMPLAINT. OR IN FORMATION FOR WARRANT j United States of America, DiFlr’ct , of Woming, ss. Before me. a United States Com missioner for the District of Wyom>ng,| personally appeared this dav Merle C. Wachtel, who first being duly I sworn deposes and says: that on or I about the 12th day of October, A. D. 1922, in Park County, State of Wyom-! ing, in said District, one Harry L. j Wiard and one Rex Spencer in viola tion of Section 37 of the Federal Pe nal Code of 1910, did unlawfully, will- i fully, wickedly, corruptly and felon-1 | iously combine, conspire, confederate ' and agree together with one another, and with divers other persons to af i fiant unknown, to commit a certainof fiant unknown, to commit a certain offense against the United States, namely, to unlawfully, knowingly and feloniously resist, oppose, prevent, im- pede and interfere with one Galen B. Hodge, the said Galen B. Hodge then and there being an officer of the In ternal Revenue, of the United States, and then and there being engaged inj the performance of his dutv as such I officer, and to unlawfully, feloniously and knowingly use a deadly and dan gerous weapon in resisting the said Galen B. Dodge in the execution of his duty as such officer, with Intent to commit bodily injuries upon him, i the said Galen B. Hodge, and to deter and prevent with a dangerous and i deadly weapon he the said Galen B. I Hodge, from discharging his duty as I such officer. That thereafter, and on or about the 12th day of October. A. D. 1922, within the state and District of Wy pming, and within the jurisdiction of .I this court, according to, and in pur- J suance of. and to the effect and ob ject of said conspiracy, combination, confederation and agreement, the said ■ Harry L. Wiard anG the said Rex > Spencer, then and there being, did i knowingly, unlawfully and felonious-: - ly resist, oppose, prevent, impede and interfere with one Galen B. Hodge, he the said Galen B. Hodge, then and there being an officer of the Internal j Revenue of the United States, then and there being engaged in the per . formance of his duty as such officer,! and did unlawfully, feloniously and' ’ 'knowingly use a certain deadly weap- I on commonly known as a revolver, at. to, upon and against the said Galen L 'B. Dodge, thereby seriously injuring •i the said Galen B. Hodge, and did then » ( and there unlawfully, feloniously and . knowingly, and with deadly and dan- I gerous weapons resist the said Galen ' B. Hodge In the execution of his dutv •jis such officer, with intent to commit ’ bodily injury upon him, the said Galen I I B. Hodge and to deter and prevent 1 ’him, the said Galen B. Hodge, from his duty as such officer of the Internal Revenue of the United States contray to the form of the stat ute in such case made and provided, and against the peace and dignity of 'the United States of America. Deponent further says that he has reason to believe and does believe Galen B. Hodge is a material wit -1 ness to the subject matter of this com-- plaint. * y— ; The policy of this paper to uphold the standards m and perpetuate the splrltll , of the old West $ i - ■ -y ISSUED EVERY WEDNESDAY Town Os Cody Petitions Judge Metz To Command County Attorney To Prosecute Prohibition Officer For Assault And Attempt ed Murder TOWN COUNCIL PROCEEDINGS State of Wyoming) County of Park )ss. Town of Cody ) October 16, 1922. CALL FOR SPECIAL MEETING OF THE TOWN COUNCIL We. the undersigned, the Mayor and Town Council of the Town of Cody, Wyoming, do hereby call a spe cial meeting of the Town Council, for the purpose of transacting the follow ing business, to-wit: For the purpose of devising ways and means to defend the Town of Cody, and its officials, against the sev eral cases commenced against the Town Officials in the Federal and State Courts, growing out of the ar rest of Bruce Hodge, claiming to be a Revenue Official of the Government of the United States, and to arrange proper means of defense for Harry L. Wiard, Town Marshal, and Rex Spen cer, deputy, as the same are now pending, and to employ counsel for the several cases now pending, and particularly on account of the refusal of J. H. Van Horn, County and Prose cuting Attorney of said countv, to file an information against said Hodge 'for assault with an attempt to murder Harry L. Wiard, Town Marshal: and to petition The Hon. 3 . W. Metz, Judge, to require the said C-mnty and 1 Prosecuting Attorney to file such tn • formation at once and without rurther delay; and to take all necessary meas ures in behalf of said Town, for the protection of its officers in keeping 'the peace and dignity of said Town in this and all other instances. I (Signed) R. C. TRUEBLOOD. J i Mayor. , C. E. HAYDEN, ALGOTT JOHNSON, CHAS. H. STUMP, Attest: Town Councilmen. FRED C. SCHAUB, Town Clerk. Minutes of Special Meeting October 16, 1922. Motion by Hayden and seconded by IStump that Counsel for the Town of Cody be instructed to prepare a peti tion to Judge P. W. Metz, and request him to order the County and Prosecut ing Attorney of Park County, Wyom ing, to forthwith file an information against one Bruce Hodge, for an as sault with a deadly weapon, with in tent to kill and murder Harry L. Wiard, Town Marshal, on the night of October 12th, 1922. Motion carried, all voting “aye.” Moved by Johnson that William L. Simpson be employed as Special Coun sel in defense of all cases. Federal and State, now pending against Harry L. Wiard and Rex Spencer, Officers of said Town, and as Special Counsel for the prosecution of Bruce Hodge on account of an assault and attempt to murder Harry L. Wiard, Town Mar shal. on October 12th, 1922. Seconded by Hayden. Motion carried, all vot ing "aye.” Motion by Stump and seconded by Johnson that the Town Clerk be in structed to draw a warrant for Five Hundred Dollars ($500.00) in favor of William L. Simpson, for retainer fee as Special Counsel. Motion carried, all voting “aye.” Motion by Stump and seconded by Johnson that the Special meeting be adjourned. Motion carried, all voting “aye.” R. C. TRUEBLOOD, Attest: Mayor. I FRED C. SCHAUB, Town Clerk. GROWING SPECKLED BEAUTIES | When a local fisherman this week I brought in a rainbow trout weighing ! over six pounds, which he had taken 'in the South Fork, local sportsmen sat up and took distinct notice. i The interesting feature of the event Is that a few years ago no fish of this variety existed in these parts, whereas now they are quite common. In other words, the prize beauty was a “planted” fish, which serves to demonstrate the efficacy of stocking the streams in the manner in which it is now being done. “Let the good work go on.” WHAT’S THE USE? Maybe those*.prison inmates favor the dry law because they know they wouldn’t get anything even if the county was wet. Chauncey Beaver was in from Clark, ou legal business last week.