Hugh Whitney had never spoken after that first interchange of volleys with the rustlers. He died bravely at the post of duty and was tenderly borne homeward, where he was given a decent burial, his grave bedewed not only by the tears of the stricken widow and children, but by those of the stern, hardy cowmen to whom he had been an employer as kind and indulgent as he was brave.
A few paragraphs are necessary to explain the incidents that follow.
Wherever cattlemen have organized outfits and located ranches cattle-thieves have followed, and fierce fighting has resulted. These men are known as "rustlers." The late troubles caused cattle and horse-thieves to unite against the legitimate owners, and the name now includes both classes of evil-doers. The troubles in Wyoming were the results of the efforts of the Wyoming State Live Stock Association to put a check upon rustlers who are tempted to steal by the vast profits afforded.
At the time the Association was formed the rustlers were few in number, and confined their acts to branding the mavericks or unbranded yearlings with their own brands. They did not act in concert, and since the laws of the State require every brand to be registered, in order to establish ownership, the rustlers had as much right to their own brands as the legitimate cowmen. As long as the mavericks were not openly branded there was no means of stopping them.
It happens quite often that the round-up fails to gather in all the cattle. The mavericks are allowed to go to the outfit with whose cattle they have run, and that outfit puts its own brand on them.
The rustlers grew more daring as their numbers increased, and, instead of confining their operations to the mavericks, began altering brands. Not only that, but they were often bold enough to leave the old brand and burn a new one and forge a bill of sale.
The rustlers were generally the owners of small ranches, or cowboys who had a few head of cattle on the range or running with some rancher's stock. The Association made a rule that no cow outfit should employ a cowman that had been guilty of branding a maverick, or of helping the rustlers, or of working with or for them. A blacklist was kept of such cowmen, with the result that a good many were unable to get employment from the Association outfits and were compelled to become rustlers themselves.
The association of rustlers became desperate because of the serious check given them by the Live Stock Association, which placed its inspectors at all the cattle-markets, Omaha, Chicago, St. Louis, Kansas City and St. Paul. Every shipment of cattle was closely inspected, and if it came from a rustler he was obliged to prove his title to each steer, or they were confiscated and the proceeds sent to the owner of the brand. Sometimes a legal proof of ownership would not be accepted, for the owners were determined to stamp out the rustling business.
Deprived by this means of a market for their hoof cattle, the rustlers were compelled to butcher their cattle or drive to Montana. The latter recourse was not only difficult and dangerous, but there was no certainty of a market when accomplished, as the Live Stock Association kept a vigilant watch on all Wyoming cattle.
The other scheme was unsatisfactory, but it was all that was left to the rustlers. They employed a number of butchers at Buffalo to do their killing for them, but even then they were not sure of always getting their meat marketed.