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The Cody enterprise and the Park County enterprise. (Cody, Wyo.) 1921-1923, October 18, 1922, Image 1

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Founded In 18W by Col.
W. F. Cody (“Buffalo
Bill”) and Col. Peake.
I - - -I
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
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
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
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
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
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
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
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
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
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
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
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-
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.,
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
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.
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
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.
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
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.
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.
I thank you.
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
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.
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-;
| 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.
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.
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.
In spite of the new tariff measure,
some of the women will continue tn
marry for revenue only while others
will wed for protection.
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:
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.
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
Town Os Cody Petitions Judge
Metz To Command County
Attorney To Prosecute
Prohibition Officer For
Assault And Attempt
ed Murder
State of Wyoming)
County of Park )ss.
Town of Cody )
October 16, 1922.
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.
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
Attest: Mayor.
I FRED C. SCHAUB, Town Clerk.
| 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.”
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.

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