Interesting stories about law enforcement, featuring tales of the Old West sheriffs, marshals, horse thieves, cattle rustlers, saloon fights, brave peace officers, and assorted bad guys.

Edward Innes, Mesa County Sheriff’s Office
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Jailer Edward Innes, 28, was attacked and killed by an inmate at the county jail at about 5 p.m., on Wednesday, September 26, 1906. He was standing in the hallway watching three inmates playing cards in their cell when inmate John McGarvey, 23, used a piece of wood and hit him several times in the back of the head. McGarvey, a trustee was out of his cell helping with the evening meal. When Innes fell to the floor, McGarvey took his jail keys and a “big six shooter.” He escaped after threatening other inmates.

The other prisoners hollered out the windows and help arrived within a few minutes. Innes was moved to the sheriff’s house next door and treated by Dr. Parker along with three other physicians. They determined that he had serious head injuries and was unlikely to survive. His mother stayed by his side but regained consciousness only briefly before dying at 11:40 p.m. the next day, September 27.

Mesa County Sheriff Struthers, Undersheriff Hardy and Deputy Knowles immediately began a search for McGarvey. News of the murder traveled fast and a $500 reward was offered for his capture. He had orginally been in the jail for five months pending his trial for assault on the nine-year-old daughter of a local hotel keeper. His case was due in the October term of the District Court.

The Coroner’s Jury met on Saturday, September 29 and their verdict read in part, “…that Jailer Innes had met death at the hands of George McGarvey, and that it was a case of felonious killing.” A warrant with a charge of murder was given to Sheriff Struthers. Search parties continued to follow leads around Grand Junction with no success.

Edward Innes was born on November 23, 1877, in Butler (Bates County) Missouri and was the only child of William and Lucy Innes. At the age of 24 he was appointed as the fire chief for Grand Junction, serving from October 21, 1902 to April 26, 1905. He was then hired by the Mesa County Sheriff’s Office to serve as a jailer. He had held that position for 17 months. He was single and survived by his parents.

Funeral services were held on Sunday, September 30, at the Innes family home at 755 Ouray Street in Grand Junction. The newspaper noted that it was the “largest attendance that has marked a funeral service in Grand Junction in recent years.” Burial followed at the Orchard Mesa Cemetery where “it was of the longest funeral processions ever seen in Grand Junction.” The Grand Junction band led followed by the funeral car, fire vehicles, and carriages totaling nearly 70 vehicles.

Rancher William McDowell captured McGarvey at his ranch, two miles west of De Beque, the same day as the funeral. McGarvey came to his place about 8 a.m. asking for a job and offered to work for a meal. McDowell was suspicious but had him chop wood while his wife prepared his meal. McDowell had heard of the escape and phoned De Beque to get a description of the escapee. He then sent his wife to a nearby ranch for assistance from his neighbor. McGarvey came into the house, ate breakfast, and walked out, with McDowell following him. McDowell grabbed his shotgun from behind a door, pointed it at McGarvey and told him to sit down so he could look him over. McGarvey did as ordered, but then turned to roll a cigarette letting his hand get close to his coat pocket. McDowell told him to get his hand away from his coat and kept him covered until the neighbor arrived, searched McGarvey and found the revolver that had been taken from Innes. McGarvey was then marched into De Beque and placed in jail until Sheriff Struthers arrived via train and took him on to the Glenwood Springs jail. 

McGarvey told of his travels after escaping. He had gone northeast through town, past the fairgrounds, walked most of Wednesday night, hid out near Palisade then hitched a ride on a freight train until he was kicked off by a conductor in De Beque Canyon. He stayed near the Cameo coal mines Saturday night before going to the McDowell ranch on Sunday morning.

The October term of the District Court began on Tuesday, October 2. The next day McGarvey was returned to Grand Junction from Glenwood Springs, arraigned on the charge of murder and an attorney was appointed to represent him. The attorney requested a delay so that McGarvey’s father could arrive from New Jersey but “District Attorney Selig objected on the grounds that there should be a speedy trial under the circumstances.”

A jury was impaneled and the prosecution presented its case. The murder weapon was exhibited, an 18 inch piece of a split two-by-four with a large knot in the end. Several of the prisoners from the jail testified to the attack. Closing arguments were heard on Thursday morning and the case went to the jury in the afternoon. The jury deliberated for two hours before announcing they had reached a verdict. It read as follows: “We find the defendant, John McGarvey, guilty of murder in the first degree and fix the penalty at death.”

The next day, Judge Theron Stevens sentenced McGarvey, noting that he “was young in years but old in crime.”  “You have had a fair and impartial trial,” said the judge, “twelve good men whose honesty and integrity cannot be questioned, as good and fair a jury as could have been selected has heard the evidence and found you guilty of murder. You have had eminent counsel,” and “the district attorney and all concerned have provided you with a fair, a just trial.”

The judge then denounced the murderer in no uncertain terms. “You should be wiped from the face of the earth, you are a disgrace to your fellow men. Had you one hundred lives the taking of them all could not atone for the foul crime.” He then went on to speak of the splendid character of Edward Innes, the only child of an old couple with a bright future ahead of him. The judge finished his comments by telling McGarvey that he would be taken to the penitentiary at Canon City and hanged during the week of January 7, 1907. McGarvey declined to speak. Judge Stevens closing words were:  “John McGarvey, it is the judgment of this court that you be hanged by the neck until dead and may God have mercy upon your soul.” 

McGarvey was received at Canon City on October 6^,, and became prisoner #6636. His prison sheet indicates that he was a bricklayer, born in Scotland and that his father was living in Long Branch, NJ. He spent his last 3 months alive in solitary confinement in cell #25, cell house No. 1. The Board of Pardons denied his clemency request. He wanted ‘executive clemency’ from the governor, but Governor Jesse McDonald said he would not interfere with the death sentence.

McGarvey’s last hope was the inauguration of Governor Henry Buchtel which took place on January 8, 1907. He hoped the new governor, a former Methodist minister, would grant clemency. Governor Buchtel responded in writing to McGarvey stating: “I am heart broken over the circumstances which make it absolutely necessary to deprive any man of his life but I have no reason for mitigating the sentence of the court in this case.” After the letter was read to him McGarvey said he was resigned to his fate and willing to give his life to make amends for his crime.

McGarvey was hung at 7:28 p.m. on Saturday, January 12, 1907 when Warden Cleghorn gave the signal and the automatic hanging machinery went into motion. His body was allowed to hang for 18 minutes before the doctors present pronounced him dead. Two minutes later his body was cut down and an autopsy was held. The doctors stated that he was dead within 4 minutes after the trap had sprung. No contortions were reported and the death certificate was signed while the body was still suspended in the air. The execution was witnessed by Sheriff Schrader and Dr. Parker.

The citizens of Grand Junction got the justice they wanted, 108 days from the murder of Innes to the killers execution. He was the 42nd person to be executed in Colorado but only the 7th for the killing of a law enforcement officer.

An earlier version of this story was published in the Colorado Sheriff magazine – Spring 2014

Sources
Mesa County Sheriff’s Office
The Daily Sentinel, (Grand Junction): Various issues September 27, 1906 to January 14, 1907.
Catalog of Colorado Executions by Douglas K. Wilson, Colorado State Public Defender, 2011
Museum of Colorado Prisons     

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William H. Cabler, Denver Police Department

By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Special Officer William H. Cabler, 64, was shot and mortally injured at about 6 p.m. on Friday, April 21, 1916, in the Denver Union Railroad Stockyards. Two men as part of a larger group, had robbed a train brakeman and fired a shot. Cabler, who was mounted at the time, heard it and rode to the train and spoke with the brakeman. Cabler then saw the two suspects running away and rode after them. One of them hid behind an embankment and fired at Cabler as he approached. The first bullet missed but caused the horse to rear up. The second shot struck the officer in the pelvis, knocking him to the ground. The shooting caught the attention of many people and dozens started running toward the officer. A cowboy named Goldie Davis was the first to reach the injured watchman. Cabler shouted “Take my gun and horse and get those fellows.”

Davis shouted to other cowboys and they pursued the suspects across tracks and around freight cars thru the Union Pacific yards. A train then passed between the fleeing men and the cowboys and the suspects were lost from sight. The shooting occurred near 46th and Lafayette, and the suspects were later identified as Ralph Bertram, 18, formerly of Pueblo and Fred Jones, 21, of St Louis. Both were wanted for other robberies in the area.

Denver Officer Peter Zawodsky was standing on the corner of 40th and Franklin and saw two men emerge from the rail yards. Their haste in leaving caught his attention. He had not yet heard about the shooting. He followed them to an alley where he saw them jump a fence into a yard. One of the cowboys then rode up and told him the story and to look out for two men. Zawodsky watched the rear of the property while cowboys on horseback surrounded the house. Bertram was found hiding in an outhouse and ordered out by Zawodsky with his drawn gun. He turned his prisoner over to a Denver Tramway conductor, so he could go call for help from a call-box. 

Soon after, Chief Duffield, Detectives Peterson and Brown, and six other policemen reached the scene. Duffield and Officer Wachter entered the house and found Jones hiding in a closet. The gun and other stolen items including a watch and fountain pen were also found in the vacant house. The Rocky Mountain News estimated that as many as 2,000 people were involved in looking for the two suspects.

Cabler was taken to Denver County Hospital where he made a dying declaration to Deputy District Attorney Dunklee before he went into surgery. He died six hours later, just after midnight (April 22) with his wife and son at his side.

Investigators learned that the railroad brakeman had found four hobos attempting to get a free ride on a train. He ordered the men off but one of them pointed his gun and robbed him. A shot was fired with no result except for Cabler hearing it and riding over to investigate. A coroner’s jury was convened and heard testimony from witnesses. Bertram testified that the gun was his but he had given it to Jones earlier in the day. He confessed to earlier robberies. Another witness said he saw Bertram give the gun to Jones and had seen Jones shoot the officer. Jones did not testify. District Attorney Dunklee charged Jones with murder and Bertram with highway robbery.

William H. Cabler (Kabler) was born in Montgomery County, Arkansas on January 11, 1852, and moved to Colorado in about 1876. He married Ellen K. Fox on December 21, 1879, in Logan County, Arkansas. He patrolled the Denver Union Stockyards and the railroad yards (now the National Western complex) as a watchman. He was in uniform at the time of the shooting and held a special officer commission by the Denver Police Department. Cabler was survived by his wife and son Thomas. The family lived at 4300 Race St. for more than 40 years. Funeral services were held on April 25 at the family home. Burial followed at nearby Riverside Cemetery.

On June 22, 1916, after a four day trial, Jones was convicted of murder. He was sentenced to a life term and arrived at the penitentiary on July 30 as prisoner #10023. His prison record showed numerous infractions including escaping from the prison on June 7, 1928. He was recaptured in Chicago and returned to prison on April 7, 1931. He died in the prison hospital on September 21, 1945 at the age of 52. His cause of death is not known. His real name was reported to be Frank Spencer.

Bertram testified against Jones at trial. He was convicted of robbery with a gun and sentenced to 11-13 years. He arrived at the state penitentiary in Canon City on June 25, and became prisoner #9999. He was pardoned on November 23, 1920 after serving 4 and a half years.

An earlier version of this story was published in the CSP Alumni Assoc. newsletter – Jan 2014

Sources
Chief Gerald R. Whitman and Technician Dean Christopherson, Denver Police Department
Lt. Bill Finch (retired) Denver PD, Denver Police Museum Fallen Officer Project
Rocky Mountain News: Apr 22-29, Jun 1, 23, 1916.
Museum of Colorado Prisons
Ancestry – Library Edition

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Lawrence P. Bass, Boulder Police Department
William Stretcher, Boulder County Sheriff’s Office
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Boulder Police Chief L. P. Bass, 50,

and Boulder County Undersheriff William Stretcher, 43, both died as a result of a triple-fatality traffic accident at about 8 a.m. on March 18, 1920. Bass died three hours after the accident while Stretcher died four days later on March 22. Both were passengers in a brand new, 1920, five passenger, Buick police car the city had received just two days earlier. Chief Bass had requested acquisition of a police car for the department since 1912. Boulder officers walked their beats and Bass would sometimes use his personal motorcycle for police business. The car was kept at the fire station until the city completed its new garage. The accident occurred when the police car was passing the city fire truck while both were responding to a reported fire.

Boulder Fire Chief Emil Johnson was driving the Buick, possibly giving a driving lesson since the fire department already had a car, or just checking out the new vehicle. Riding with them in the was a local businessman, Lester DeBacker and former Fire Chief Will McAllister. It was a windy day and wind damage had been reported at 13th and Pearl, which is where the group was with the car. At the same time a fire was reported at 28th and Pine. Fireman Frank Urie drove the fire truck by 13th and Pearl and yelled at Chief Johnson about the fire, giving its location, and continued on with the police car following. Joe Salter, 16, worked as a part-time reporter for the Daily Camera in Boulder. The paper was short handed that day so he took the day off school to help out. He was on Pearl Street when the fire truck then the police car went by. Johnson slowed the car for Salter to jump on to the running board.

As the vehicles approached 19th Street, Fireman Urie slowed to make a left turn onto 19th. Chief Johnson was not expecting the turn and was attempting to pass the fire truck. Urie spotted the Buick just after starting his turn and swung back to the right, but not in time to avoid the side-swipe collision. The police car went off the left side of the road and rolled twice, ejecting all occupants. Fireman Urie was able to stop the fire truck a block down on Pearl. He went back but was told by others to go on to the fire and they would take care of the injured. Bass, Stretcher, Salter and McAllister were transported to University Hospital.

Chief Bass suffered a severed artery at the base of his brain and died three hours later without regaining consciousness. Salter was pinned under the car and pronounced dead from a crushed chest a few minutes after arriving at the hospital. Undersheriff Stretcher suffered a fracture at the base of his skull, a broken rib and broken collarbone. It was believed he had a chance to live but he died from his injuries four days later at 4:30 a.m. McAllister sustained bruises and a head injury. He recovered, but had no memory of the crash.

DeBacker had cuts, bruises and back pain while Johnson had lacerations to the head, face, arms and legs. Both survived and were able to recuperate at home. Johnson was interviewed by a reporter later that day. He was distraught and crying. He said he thought Urie had said 28th and Pearl. “it was part of his duty to be first upon the scene of a fire,” he said.

Lawrence Patton Bass was born in Fayette, Missouri on February 13, 1870. He lived in Boulder for nearly 40 years. He married Ida May Darling in Boulder on December 24, 1891. He was a night watchman and photographer in 1894 during a big flood that severely damaged Boulder. He had left the force sometime afterwards, but rejoined as an officer in 1899. In 1900 he was appointed as City Marshal and served in that capacity until 1903, then went back to being a policeman again. In 1909 he was again appointed as the city marshal.

Boulder changed its form of government in December of 1917 and City Marshal Bass became Boulder’s first chief of police. He also continued with his photography interest throughout his career. Bass was survived by his wife, son Harold, 22, and his mother Mary. The family lived at 1921 Pine Street. He was also survived by his sister, Mrs. Maggie Engle, and his brother, Gilpin County Sheriff, Russell Bass. He was a member of the Blue Lodge of Masonry and of the Elks. Burial was at Green Mountain Cemetery in Boulder.

William Washington (Billy) Stretcher was born in Jasper County, Illinois, on April 22, 1876, and raised in Peabody, Kansas. Gold brought him to Cripple Creek in 1899 where he worked as a building contractor. He moved to Sunshine, west of Boulder in 1903. There he met Harriet (Hattie) Ennes and they married in Boulder on June 22, 1904. He continued mining and later followed the Tungsten boom to Nederland. He was hired as a deputy in 1916 by Sheriff Euler, who appointed him undersheriff in 1918. Stretcher was a member of Columbia Masonic Lodge #14, A. F. & A. M., Royal Arch Masons, #7, Mount Sinai Commandery, K. T., the El Jebel Shrine and the Elks Lodge. The funeral was held on March 23 at the Elks Home with Elks, Masons, Knights and Woodmen uniting in conducting the service.

The family lived in the basement of the county courthouse and Mrs. Stretcher served as a matron and fed the jail prisoners. He was survived by his wife and daughter Ida Helen, 4, his father, J. W. Stretcher, 70, of Peabody, Kansas, his stepmother, three sisters and his brother Charles, also from Peabody. Interment was in Peabody. Boulder County had failed to pay the life insurance premium on Stretcher, but three years later little Ida Helen was awarded $3,000.

Shortly after the crash the coroner stated that there was no need for an inquest. No charges were filed.  The reported fire turned out to be cinders and was already out when the fire truck got there. On March 24, 1920, Salter’s father, City Manager W. D. Salter instructed the police and fire departments not to exceed 25 miles an hour except in the case of extraordinary emergency. He stated that New York City and other large departments had a similar rule. Repairs on the police car were estimated to take over a month so the manager of Boulder Motors Company offered the use of his “demonstrating car” to the police until their car was repaired.

An earlier version of this story was published in the Colorado Sheriff magazine, Spring 2015

Sources
Sheriff George Epp, Boulder County Sheriff’s Office
Boulder Police Department
The Daily Camera (various issues): March 16 – 26, 1920
The Denver Post: March 31 & April 1, 1998
Behind the Badge, 125 years of the Boulder, Colorado, Police Department

by Sylvia Pettem. The Book Lode, LLC, 2003, Chapter 15

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Blaine J. Wilson, Logan County Sheriff’s Office
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Deputy Blaine Wilson, 24, died at about 2 a.m. on Tuesday, May 23, 1922 after he was shot while making attempting to arrest four men. He had been assigned to watch for bootleg whiskey being sold from the back of a barbershop in Merino. Four hours earlier he witnessed the sale of moonshine and moved in to arrest those involved for violating Prohibition laws. Before going inside, he sent a messenger to Deputy Kaiser who was also in Merino to let him know what he was doing. He then went in the back of the barbershop and ordered four men to surrender and told them he was taking them to Sterling. The men put their hands up and Wilson began searching them for firearms.

The men were Clarence Waters, 33, Guy Bray, 34, Lyle Thompson and P. J. Frank. After he searched Waters and began searching the Bray, Waters told the deputy to “stick ‘em up.” As Wilson turned, Waters fired one shot striking him in the chest. Wilson returned fire before falling to the floor. Waters was hit three times, once in the side of the neck (or jaw) and twice in the upper leg, shattering his thigh bone. Bray wrenched the gun from Wilson’s hand and told him “I’ll finish you,” and fired one more shot at Wilson. Deputy Kaiser arrived just after the shooting and was confronted by Bray who held him at gunpoint and forced him to go to Waters’ house to tell his wife of the shooting. Waters lived in Merino with his wife and two children.

Kaiser was allowed to treat the wounded men. Bray surrendered his weapons and told Kaiser he would submit to arrest. Dr. W. D. Lutes was called and found that Wilson was mortally wounded. Wilson’s dying statement was that he had searched Waters but somehow missed a gun hidden in his clothing. He died from his wounds about four hours later while in an ambulance en-route to Sterling.

Waters was placed on the 11:25 p.m. Burlington train for Sterling to be treated for his wounds. Bray accompanied Waters and both were arrested by Sterling police officers upon their arrival. Thompson, a farmer, and Frank, a Merino storekeeper, were arrested but later released. The barbershop was run by Waters and Bray worked there. A subsequent search there found a gallon of moonshine and evidence that several other containers of moonshine had been poured on the ground outside the barbershop.

Blaine James Wilson was born in Smyth County, Virginia, on November 17, 1897. He was the first child of James and Georgia Alice Rich Wilson. He served in the U.S. Army in France during World War One in the 109 Field SFC Battery N. He married Alice Cecilia McCready Whitt on July 17, 1919 in Omaha, Nebraska. He farmed in Nickerson, Nebraska before moving to Sterling. He was appointed a Logan County deputy just three weeks before his death and lived at 603 Beattie Street. He was survived by his pregnant wife, daughters Eileen, 2, and Virginia, 7 months; His son, James Blaine Wilson, was born on November 22, 1922. He was also survived by his parents, five sisters and two brothers. Funeral services were held on May 24 at St. Anthony’s Church in Sterling with burial following in Schuyler, (Colfax County) Nebraska.

A Coroner’s inquest was held the same day as the funeral. Testimony was given by Dr. Naugle, the county physician who conducted the postmortem examination. The bullet fired by Waters struck Deputy Wilson in the chest, fracturing the sixth rib and lodging near the surface on the right side. The second bullet, fired by Bray, entered through the right collarbone and passed downward through the right lung and lodged in the spinal canal. Dr. Naugle stated it was the second bullet that was the cause of death. Undersheriff Frank Keever testified that the officer’s gun was a .32-32-Special Colt six-shooter with steel jacketed bullets. Four rounds had been fired from the gun. Kaiser related the actions of Bray in Merino after the shooting, including the fact that Bray told him to tell Sheriff Whittier “to be mighty careful when he comes, for they’ll never take me alive.”  The finding of the coroner’s jury was that “B. J. Wilson came to his death by gunshot wounds inflicted by Guy Bray and Clarence Waters with intent to kill.”

Bray was a widower employed by Waters at the Merino Barbershop for the last three years. A July 14, 1922 newspaper article noted that “The [Logan] County Sheriff’s Office now has a finger printing apparatus and in the future will make finger prints of practically all men arrested. A copy of these prints will be sent to federal authorities at Leavenworth.” Bray was one of the first to have his prints taken since he was in jail awaiting trial for the murder of Deputy Wilson. Being a barber, Bray was allowed to cut the hair and shave other prisoners in the jail. On November 7, the day before his scheduled preliminary hearing, Bray asked for a razor to work with. He then locked two prisoners in a cage at the jail, went to the bathroom, slashed his throat and died almost instantly. Bray just turned 35, 12 days before his suicide. His wife, Jennie, had died in 1918 and his only son, Harold, died in 1919.

Clarence Waters wasn’t charged with murder until July 25, 1922. He was arrested on August 10 and moved to the Morgan County Jail due to health concerns (it was better equipped than the jail in Sterling). On November 17, after Bray’s death, Deputy District Attorney Schofield stated that the charge against Waters would be changed to assault with intent to kill and assault with a deadly weapon. On November 24, with the trial in progress, a conference occurred between the attorney’s and Judge L. C. Stephenson. The state’s case was built almost entirely on the dying statement of Deputy Wilson. State law would not allow a “dying declaration” to be admitted in a case with the two charges listed. It could only be used for a murder charge. The prosecution stated that it would be impossible to make the case without the statement of Wilson. Judge Stephenson then instructed the jury to return a verdict of not guilty, which it did. Waters was released from jail. Court watchers were surprised at the sudden close of the case but apparently understood after it was explained by the court.

An earlier version of this story was published in the Colorado Sheriff magazine, Summer 2017

Sources
Sheriff Robert E. Bollish, Logan County Sheriff’s Office
The Evening Journal: May 23, 1922
The Merino Breeze: May 26, July 14, Nov. 10, 17, 24, 1922
The Sterling Daily News: May 25, 1922
The Republican-Advocate: November 16, 23, 30, 1922
Ancestry – Library Edition

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Charles E. Gibbs, Routt County Sheriff’s Office
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Deputy Charles Gibbs, 48, was killed in a snow slide on Thursday, March 21, 1929 after traveling to the Deep Creek area, 22 miles northwest of Steamboat Springs, to serve “papers of ejectment” to men at the Block Mine. Gibbs had taken a horse-drawn wagon as far as the Mosher Ranch, where he made arrangements for his team to stay. He told the rancher he’d be back by 6 pm, and set out on foot to walk the two mile trail up to the mine.

When he didn’t return a search party from the ranch went to the Block Mine and were told that the deputy had never arrived. While walking back to the ranch, the men noticed a snow-slide in a cut and feared that Gibbs might have been buried in it. They dug down through five feet of snow and found the top of his body in an upright position near the end of the cut. His arm was extended upward as if he had tried to ward off the onslaught of snow. It was determined that the trail to the mine was split in places and Gibbs had unfortunately chosen the wrong path. The men returned to the ranch, notified the sheriff, then went back to dig out the body. They did not finish their grim task until 2 am the next day.

Charles Edward Gibbs was born on March 29, 1880, in Wamego, (Pottawatomie County) Kansas. His family moved to Littleton in 1890 then to Grand county in 1894. Gibbs served during the Spanish American War in 1898. He worked as a freighter in Grand County for several years, hauling freight to Denver, Georgetown and Wyoming.

He also drove the stage from Denver to Grand Lake and had the privilege of driving the William Jennings Bryan* family several times to and from their summer home at Grand Lake. One newspaper account said, “He was selected because he never drank liquor and was known to be a careful driver.” He also served as undersheriff in Grand County for a few years. Gibbs moved to Routt County in 1910 and married Alice Combs on January 1, 1913, in Steamboat Springs. He lived in the Deep Creek area and was appointed as a Routt County Deputy in January of 1928.

Gibbs was survived by his wife and six children. Roger, 15, Jessie, 13, Rena, 11, Ruth, 9, Martha, 7, and Charles E. Jr., 5. He was also survived by his brother, Lester, his sister, Lena, and a niece, Mrs. Charles Riester.  Services were held on March 25 at the Methodist Church. Burial followed at the Steamboat Springs cemetery.

* William Jennings Bryan was a noted orator and dominant force in the Democratic party from 1896 to 1915. He had served as a congressman from Nebraska (1891-1895) and was a three time candidate for President, 1896, 1900 (losing to William McKinley twice) and 1908 (losing to William Howard Taft).

An earlier version of this story was published in the Colorado Sheriff magazine – Winter 2013

Sources
Sheriff Gary Wall, Routt County Sheriff’s Office
Routt County Sentinel: March 29, 1929
Ancestry – Library Edition

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William W. Dunlap, Montezuma County Sheriff
By Keith Dameron, Historian, Colorado Law Enforcement Memorial

Montezuma County Sheriff W. W. Dunlap, 63, was shot and killed at about 10 a.m. on Monday, July 15, 1935, in San Miguel County while transporting two prisoners from Glenwood Springs to Cortez. Deputy Lem Duncan was driving with Sheriff Dunlap in the passenger seat. Shackled and handcuffed in the back seat were the McDaniel brothers, Otis, 31 and Herbert, 18. They had been charged with the starvation death of a rancher in Lewis.

Duncan stopped the car when they came upon an overturned vehicle in the road about four miles from Placerville. The sheriff got out to check on the wreck. Deputy Duncan opened his car door and leaned out to check his tires as he had noticed the car was pulling to the left and may have had a low tire.

He heard a click and turned around to find Otis McDaniel holding the sheriff’s revolver, which he had taken from the front compartment of the car. Otis ordered the deputy out of the car and told him to stand on the side of the road. McDaniel yelled for the sheriff to come back to the car and he did. The sheriff told McDaneil not to shoot him or Duncan and he would turn them loose. As the sheriff approached Herbert McDaniel, Otis McDaniel fired twice hitting the sheriff in the arm and head. After the sheriff fell Otis told deputy Duncan to run toward the willows, which Duncan did, while the brothers fled in the sheriff’s black Dodge sedan.

A woman from Naturita drove up on the scene finding the sheriff lying in the road. She took the deputy to Placerville where another person rode back with the woman to pick up the unconscious sheriff. He regained consciousness during the ride but died upon arrival at Telluride. A doctor from the Civilian Conservation Corp Camp at Norwood was called to treat the sheriff. The doctor found that Dunlap had been shot in the back of his upper left arm and the back of the head, just behind the left ear. The keys to the shackles and handcuffs were undisturbed in the sheriff’s pocket.

The brothers ditched the Dodge just a few miles down the road behind some trees where it was found several hours later. They kept the sheriff’s gun and a rifle from the car, but left Duncan’s gun in the front seat and a shotgun under the car.

Three months earlier on April 15, Rancher James Westfall, 77, was robbed at his home, south of Lewis. He had been bound and gagged and left that way. He lived alone and wasn’t found until three weeks later on May 5. He had died of starvation. The investigation determined that the McDaniel brothers were the suspects. They had stolen $20, a colt automatic pistol, a double barreled shotgun and an ax.

Herbert McDaniel was captured on May 13 after a tip led officers to the Red Mesa area of La Plata County. He confessed to robbing Westfall with his brother Otis and stated that they thought the man would live and be released by someone after they had left. Herbert also said that after they left the Westfall home they stole a car at the Arriola school house, then Otis drove it to Red Mesa where they dismantled the car, burned it and threw the engine down a well.

Otis McDaniel turned himself in on May 17 and also confessed to the crime. He wanted to save the life of his brother and claimed to be the leader in the robbery of the old man. District Attorney Noland stated that he intended to seek the death penalty for the killing of Westfall. The brothers were held in the Garfield County jail in Glenwood Springs for the next two months pending their trial.

William Wesley Dunlap was born in Pea Ridge, Arkansas on September 11, 1871. His family moved to Colorado in 1875, and to Animas City in 1876 where he attended school. He spent two years at Notre Dame College and moved to Disappointment Creek about 1891. He started working in the cattle business, and became one of the largest cattle owners in the San Juan basin. He married Leota Thompson in 1905 and they lived in Delores from 1921 until moving to Cortez in 1930. He was elected Sheriff in 1926 and re-elected every two years until his death. He was survived by his wife and five children, Milton, 29, Wesley, 27, Velma, 23, Peggy, 14, and Helen, 11.

The funeral service was held on July 19, conducted by the Fraternal Order of Elks and held in the high school auditorium which could not hold the hundreds of people that attended.

The search for the McDaniel brothers ended 22 days later when the brothers were captured on August 6, near Guffey, working in a hay field. Local rancher James Rowe, working in lower south park, observed the two when they asked for work at a neighbor’s place. He checked the photographs he had seen and notified the warden at the state penitentiary in Canon City. Warden Best and seven guards surrounded the field on the Carey ranch and arrested them both without incident. 

Fingerprints positively identified the brothers and they confessed to District Attorney Noland about killing Sheriff Dunlap. According to their confession they had used rocks to break off their handcuffs and leg chains, then hid in San Miguel Canyon for four days before getting out and going through Ridgway, Montrose, the Gunnison valley and over Monarch Pass to Salida, where they worked on two different ranches before reaching lower south park on August 3. Herbert McDaneil lost the rifle he was carrying while crossing a river and Otis McDaniel lost his revolver while climbing a steep hill. Otis said they watched for airplanes overhead to determine where the search was headed..

It was decided to try the brothers for the Westfall killing first; then, if they weren’t given the death penalty, they would by tried for killing Sheriff Dunlap. The first trial took place in Cortez during the week of September 9, and both brothers were convicted of the Westfall murder and given life sentences.

The trial for the murder of Sheriff Dunlap began on October 14 in Telluride, concluding on October 18. The jury found both guilty of murder, and recommended a life sentence for Herbert McDaniel and the death penalty for Otis McDaniel. The older brother testified during the trial that Deputy Duncan had helped them escape, which Duncan strongly denied. This claim led to Duncan being charged as an accessory to murder but San Miguel County Sheriff Warrick refused to sign the indictment. Otis appealed his sentence but his appeal was denied.

The McDaniel brothers arrived at the State Penitentiary on November 2, 1935. Herbert McDaniel, prisoner #18926, spent seventeen years in the prison before being transferred to the Colorado State Hospital in 1952 for treatment of sanity issues. He returned to prison on May 9, 1968.  Herbert McDaniel had married a girl in Red Mesa on April 17, 1935, just 2 days after the robbery of James Westfall. The prison intake record showed her name as Gwendola. No further information has been found on her or Herbert McDaniel. 

Otis McDaniel, #18927, had a prior criminal record, after being convicted in Sevier County Utah of second-degree burglary. He arrived at the Utah State Penitentiary on Sept. 2, 1926 and escaped from a trusty gang on May 8, 1927. He was then convicted of Grand Larceny in McKinley County, New Mexico and arrived at the New Mexico State Penitentiary on May 29, 1928. He was released from New Mexico on parole and returned to the Utah State Penitentiary on October 16, 1931 to complete his sentence there. He was released on October 16, 1932 from the Utah penitentiary.

Otis McDaniel admitted only a few hours before his death, that he had lied about Deputy Duncan helping the brothers escape. He was executed in the gas chamber on February 14, 1936 and buried at the prison cemetery called Woodpecker Hill. He was the 75^th person to be executed in Colorado and the 13^th for killing a law enforcement officer.

An earlier version of this story was published in the Colorado Sheriff magazine, Winter 2014

Sources
Montezuma County Sheriff’s Department – Lt. Ervil Higgins
The Montezuma Valley Journal: various May 9, 1935 thru November 7, 1935.
The Telluride Journal: various July 20, 1935 thru February 22, 1936.
Museum of Colorado Prisons
New Mexico State Penitentiary, Archives, Santa Fe, NM
Utah Department of Corrections, Archives, Draper, UT
Ancestry – Library Edition

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Earl J. Bucher, Weld County Sheriff’s Office
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Deputy Earl Bucher, 45, was shot and killed at about noon on December 31, 1940, when he responded to a domestic dispute at a house, or beet shack, 6 miles south of Elwell*. He, with Deputy Guy McGinnis pulled in the driveway and both exited the patrol car. Bucher was driving and was closer to the house when he parked. He had taken just a few steps when Fred Bernhardt, 58, stuck a double barreled shotgun out the door and without saying a word, fired, striking Deputy Bucher in the head, killing him instantly. McGinnis had just walked around the front of the car when Bucher was hit. He ducked and the second shot went over his head. He jumped in the car and left to get help as Bernhardt was still in the house and would have to reload the shotgun. Most patrol cars at that time did not have police radios.

The original call came in from David Sipes, 16, Bernhardt’s step-son. Sipes stated that his mother and step-father had got in a fight and that Bernhardt had ordered him out of the house. As he ran away Bernhardt fired the shotgun at him but missed. He went to a residence across the road and called the sheriff’s office in Greeley.

Over the next hour, Weld County Sheriff Gus Anderson assembled a response force consisting of about two dozen officers. They split into three groups and approached the house and a small shanty next to it through the fields. After surrounding the house, they moved in and opened fire. They stopped firing once Bernhardt came out of the house and they thought he might be giving up. However, when he entered the shanty the firing resumed.

At least 20 tear gas shells and gas grenades were fired into the windows of both buildings, along with several hundred rounds from rifles and machine guns. The lawmen entered both buildings at 1:30 p.m. and found Bernhardt dead in the shanty from wounds to the chest and stomach. Helen Sipes Bernhardt was found dead in the kitchen of the house. She had been shot outside with the shotgun and drug back into the house before Bucher and McGinnis arrived. Bucher was still on the ground at the left front corner of the house where he had fallen. Bernhardt had ripped Bucher’s badge off and was wearing it on his overalls. He had Bucher’s blackjack in his pocket. Bucher’s gun was on the kitchen table with a .22-caliber rifle. The shotgun was on the floor.

Along with the sheriff and McGinnis, the newspaper listed the names of the following officers who were involved. They included Officer Ed Lott, Deputy Warren Vose, Greeley Chief C. C. Hunter and Officer Joe Kem, Larimer County Sheriff Ted Schaeffer and Deputy Roy Barger, Captain Frank Burger and Patrolmen Gordon Lockett, M. B. McKinney, Mart Conway and Roy Calhoun of the Courtesy Patrol and Longmont Chief Orville Barr. Several local farmers were also listed.  The Denver Police Department sent a crew of 13 officers with “tear gas bombs, rifles, and Tommy guns,” but they arrived after it was over.

The Bernhardt family had moved to this house just two months earlier from Ault. Bernhardt had taken a “beet contract” on the Nygren place. Helen Sipes, 45, had married Fred Bernhardt two years earlier. In addition to David, she had four other children; Mrs. Hannah Schwartz (Keenesburg), Irene Sipes (Denver), Ruben Sipes, 17, and Delores Sipes, 9. Ruben and Delores were at the Pearl Hollow School, two miles from the home, at the time of the shootings.

Earl J. Bucher was born in Eldora, Iowa on September 19, 1895. He grew up in Greeley and studied at Colorado State College before enlisting in the Army, serving in the 148th Field Artillery, Battery A, during World War I. He was a past commander of the American Legion and a past exalted ruler of the Elks. He married Helen Davis in 1920 and lived at 1809 10th Ave. in Greeley. He was survived by his wife, parents, Mr. and Mrs. G. L. Bucher, and brother, Glen of Greeley, and his sister, Mrs. Neva McKinley of Mesa, Colorado. Burial was at the Linn Grove Cemetery in Greeley.

* Elwell was located 2 miles west of Johnstown at what today is the intersection of Colorado Highway 60 and County Road 13. The location where Deputy Bucher was killed was 8 and one half miles southwest of Johnstown or just south of the current Weld County roads 36 and 13.

An earlier version of this story was published in the Colorado Sheriff magazine, Summer 2015

Sources
Weld County Sheriff’s Office
Greeley Daily Tribune: Dec 31, 1940; Jan 1 & 2, 1941
Ancestry – Library Edition

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Richard C. Edstrom, Colorado State Patrol
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Corporal Richard Edstrom, 42, died on October 28, 1959, as a result of gunshot wounds sustained in a shootout nearly six weeks earlier in downtown Durango, with a jail escapee from Aztec, New Mexico.

Edstrom was shot and wounded at 9:15 p.m. on Saturday, September 19, 1959, in Durango. He was one of numerous officers who tried to apprehend two escapees from the San Juan County Jail. The escapees were J. L. West (alias Aldane M. Bartlett) 31, and Barbara Stephenson Foster (alias Janice Wilson), 32. They were passengers in a car driven by Walter Duncan, 28, headed north on Highway 550 toward Durango. La Plata County Sheriff Herb McKinsey was headed south to set up a roadblock when he saw the suspect vehicle go past him about five miles south of Durango. He turned around to pursue them.

The chase went into town with Durango Police Captain John Garnand and Officer G. L. Stephens joining in. It reached speeds of 70 mph on several streets before the suspects turned into an alley west of Main Street, across from the Strater Hotel and stopped. Duncan got out and put his hands up while Foster remained in the car and surrendered. West ran from the scene, thru a café, then down Seventh Street where he entered a vehicle. Edstrom saw this and stopped the vehicle. As he confronted the suspect, gunshots rang out and both men fell to the ground. West died at the scene. Edstrom was taken to Mercy Hospital by State Patrolman Herb Louma. Emergency surgery was performed that night. His condition was critical and a second operation was performed the next day. He had been shot twice with first round hit him in the chest and the second struck him in the back below the left shoulder, then traveled through his chest before stopping in his stomach.

Friends arranged to have a TV set up in his hospital room by October 2 so he could watch the World Series (the Dodgers beat the White Sox in 6 games). He was interviewed in the hospital where he gave the following account. He was at the CSP office when he learned of the wild chase through town. He drove out to set up a roadblock on the bridge over the Animas River when he heard that the pursued vehicle had been stopped by the Strater Hotel. He raced to the scene and saw the West entering a pickup truck. He activated his light and the pickup stopped. He got out of his patrol car and drew his pistol as West approached him. When West pointed a gun at him, he grabbed it to push it away as West pulled the trigger. He only remembered being shot once and believed that he had fired his gun just twice. Afterwards it was determined that Edstrom had fired four shots, all of them striking West.

An inquest was held on September 21, regarding West’s death. Testimony included the fact that Edstrom had been shot twice but that the gun used by West, which had been stolen from a jailer in Aztec, had only been fired once. Patrolman Louma and La Plata County Deputy Carl Likes had run to the scene from about a half block away and witnessed the shooting. Louma testified that he did not fire his weapon but that Likes had fired twice. Likes testified that he “fired while running up to the scene of the shooting on a dead run”. It was determined that one of the rounds that struck Cpl. Edstrom was “friendly fire” from Deputy Likes’ gun.

Sheriff McKinsey, Capt. Garnand and Officer Stephens had been distracted by a gray station wagon which they thought West had entered. The sheriff fired two rounds at it and Undersheriff Myron Darmour, coming from another direction, fired once at the station wagon. One person in the station wagon sustained minor injuries. It was later shown that the occupants were not involved in aiding the suspects. Garnand and Stephens did not fire their weapons.

An editorial in the Durango Herald-News was critical of the sheriff’s office. “There was no needless shooting from the Durango city police who have been carefully trained in the use of firearms. The problem came from the sheriff’s staff. Often these men have not received adequate training in the use of firearms.” The editorial did laud all the officers who rushed to the scene and put their lives in danger.

The inquest also provided information about the escape from the San Juan County Jail in Aztec. Foster was in jail for vagrancy and a warrant from Michigan for writing a bad check. Duncan had been in jail but was released on September 17. He had been staying at the West home in Aztec, with West’s wife and kids. West was in jail on an assault charge regarding a domestic situation with his wife. Both Foster and Duncan initially claimed that they were forced to accompany West when he escaped but later admitted they lied.

West was a jail trustee and had only five days left to serve when he escaped. He was not in his cell and knew the jailer kept a .38-caliber revolver in a desk drawer. When the jailer left the room he took the gun and locked the jailer up when he returned and let out Foster. West and Foster then went to West’s family home in Aztec, where Duncan joined them in their escape from town. Foster stated that she escaped because she believed that Michigan would charge her with being a habitual criminal since she had three prior felony convictions there. Duncan and Foster were returned to Aztec by San Juan County deputies.

Edstrom died 39 days later at 5:15 a.m., Wednesday, October 28. He was recovering well from his surgeries and was about to be sent home from the hospital to return for a final surgery two weeks later. He died unexpectedly from a blood clot that had moved from his leg to his lung.

Richard Carl (Dick) Edstrom was born in Cleveland, Ohio on November 7, 1916. He moved to Colorado at the age of 18 working as a toolmaker and truck driver before joining the Army Air Corps in November 1942. He was discharged from the military in February of 1946 and worked in construction before joining the Trinidad Police Department on February 1, 1949. On May 21, 1951, he joined the Colorado State Patrol. His first assignment was in Colorado Springs. On June 2, 1952, he transferred to Springfield where he worked for seven years. Edstrom married Helen Irene Wheeler while stationed in Springfield and adopted her two sons. He was promoted to Corporal on May 1, 1959 and assigned to Durango two months later. He was survived by his wife and step-sons, Harold, 17, and Jimmie, 11. 

Funeral services were held at the high school auditorium in Springfield on November 1. The U. S Air Force Reserve also attended.On November 3, graveside services were held in Durango by Masonic Lodge No. 46 and Trujillo Sheets Post No. 28 American Legion at Greenmount Cemetery in Durango. Uniformed members of the state patrol provided pallbearers for both services. The Colorado Industrial Commission provided Helen Edstrom with a death benefit of $14,789.

An earlier version of this story was published in the Colorado State Patrol magazine, Spring 2017

Sources
Colorado State Patrol
Durango Herald-News: Sept 20-23, Oct 2, 11, 19, 28, 29, Nov 2, 1959
Baca County Plainsman Herald: Aug 27, Sept 24, Oct 1, 29, Nov 5, 1959
Ancestry – Library Edition

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Richard E. Hart, Firestone Police Department
By Keith Dameron, Historian – Colorado Law Enforcement Memorial

Officer Richard Hart, 34, died on October 18, 1982, from injuries received two days earlier when he was attempting to contact a driver leaving the scene of an accident. On Saturday, October 16 at 2:13 a.m. Firestone Officer Eugene Whitcomb and Hart were patrolling near the intersection of Second Street and Jackson Avenue in Firestone when they heard the sounds of an auto accident. Whitcomb observed a late model Chevrolet El Camino start to leave the scene and he activated his lights and stopped the car. Hart, the passenger, immediately got out of the patrol car and approached the driver’s side of the El Camino. Hart reached into the vehicle to grab the keys but was thrown to the ground when the car sped away. Whitcomb radioed for help and went to assist Hart who was bleeding heavily from the left ear. Paramedics from Northern Colorado Medical Center and Tri-Area Ambulance responded and called for the Air Life helicopter from Greeley. Hart was then flown to Swedish Memorial Hospital in Englewood. 

Firestone Marshal Tony Onorato and Weld County deputies responded to search for the El Camino and the driver. Nearly two hours later the suspect was located one mile north of Firestone, hiding in the weeds about 100 feet from the El Camino. He was identified as Bernie Wayne Jacobs, 39, of Evanston, Wyoming. He was arrested without further incident and transported to the Weld County jail where he was booked on suspicion of drunk driving and vehicular assault. His bond was set at $2,000. He bonded out later that day after paying a Denver bail bondsman $200. 

A spokeswoman at Swedish Hospital reported on Monday that “flow scans” on Hart showed no brain activity for 48 hours so the family decided to discontinue the life support systems that had been keeping him alive. Hart was pronounced dead from massive head injuries at 1:35 p.m. 

Weld County District Attorney Stan Peek requested a bond of $50,000 in the vehicular homicide arrest warrant for Jacobs. The high bond request was due to “… the seriousness of the offense and his terrible driving record.” Jacobs had three drunk-driving convictions and had had his driver’s license suspended for five years on September 1. The results of the blood alcohol test on Jacobs came back with a blood alcohol level of more than .20 percent alcohol in his blood – (twice the legal limit). Despite a search by many officers in several states, however, Jacobs could not be found. Charges of driving under revocation and being a habitual traffic offender were added. Jacobs failed to appear at his November 3 arraignment in court and warrants were issued for his arrest by Weld County and the FBI because of the possibility of him leaving Colorado for another state.

Richard Ellis Hart was born on January 21, 1948 in Barberton, Ohio. He grew up in the Midwest, was drafted into the army in 1967, and served in Vietnam. He was a military policeman attached to an artillery battery. After leaving the military he went to work for the Duncan, Oklahoma Police Department, located near his last military post at Fort Sill. He married his wife Brenda in Wichita, Texas on September 8, 1976. They moved to Colorado later that year where he got a job driving a tank truck for Koch Oil Company. He had been a part-time officer for the Firestone Police Department for six months, usually working night shifts on weekends. He was survived by his wife, son Danny, 5, and stepson Michael, 9. Danny was born with a birth defect, Treachers-Collins Syndrome. Services were held on Thursday, October 21, at St. William the Abbot Catholic Church with burial at Hillside Cemetery in Fort Lupton. More than 100 officers from 30 law enforcement agencies attended. 

On Saturday, December 11, 1982, the city of Firestone designated a special day for Richard Hart. “Heart to Hart” day included a parade, hot air balloons, an auction, a dance and a luncheon at the Frederick firehouse. Money raised was added to the earlier funds for Danny to get his necessary surgeries. Funds raised at that time totaled over $21,000. He had six surgeries in the next four years.

The mystery of what happened to Bernie Jacobs was solved when his body was found on April 29, 1987, on a riverbank near Weber Reservoir in Lyons County, Nevada. He had committed suicide three or four days earlier, shooting himself in the chest with a .38-caliber revolver. He left a note but made no mention of the killing of Officer Hart. He had been a fugitive for more than 4 ½ years. Brenda Hart stated that “she didn’t like the idea of anybody committing suicide but it would save the family the emotional turmoil of going through a court trial. I’m glad that he’s been found and it’s over with.”

An earlier version of this story was published in the CSP Alumni Assoc. newsletter, April 2017

Sources
Chief Steven L. Modrell, Firestone Police Department
Longmont Times-Call: Oct. 18-25, Nov. 5, Dec. 4, 13, 1982; May 5, 1987
Denver Post: October 20, 1982
Ancestry – Library Edition

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