There were many phases to be considered. The probability that McKay would be hanged without having his neck broken finally became the crux of the argument. Kirk suggested a plan. McFadden, as a newspaper man, would have access to the death chamber; the rope could be shortened and the knot fixing it to the scaffold could be arranged so that it would slip a bit, thereby easing the shock of the drop.

McFadden immediately protested, and refused to consider such a move. It would be torture for McKay. Barnard said:

“I could give McKay a ‘shot’ that would dull any pain produced.”

“Jim would not stand for a hypo.”

“He would not notice it, in the excitement and confusion of being bound.”

Throughout the discussion of the proposed plan, the possibility of legal consequences for themselves was not considered. They were playing for the life of a friend and the ethics of the methods were of secondary importance.

By morning they had formulated and agreed upon a definite plan of procedure, and before separating they spent a few moments in anticipating the joy of the reunion, if they were successful. Although McKay had taken the life of an equally close friend, so well did they understand the conditions that they extended their sympathy rather than censure.

Day by day the details of the plan were carried out. Each was assigned a definite part of the work to be done. McFadden spent all the time he dared spend at the penitentiary. He familiarized himself with the equipment of capital punishment. He studied the tying of knots; he experimented and found the best possible way to adjust a rope so that the shock of the drop would be taken up as smoothly as possible.

Nor could a more zealous medical student be found than Barnard. He sought out every possible reference on the subject, prepared emergency equipment to the last detail.

The day before the execution, McFadden and Barnard left for Canon City, Kirk remaining in Denver. That night Kirk got out McKay’s suitcase and started packing it.