Testament
Special to the New York Herald via the Bismarck Tribune.
The latest in our series of interesting notes on the Old West – now in 1912 declared no more.
Today, we continue our glimpse into the notorious careers of Hannibal Heyes and Jedediah "Kid" Curry, considered by some to have been the most successful outlaws in the history of the West. We do not seek to be voyeurs; no, indeed. The gentlemen are still quite alive and with us; and hopefully, as now upstanding citizens, will be with us for a long time to come, God willing. Here, then, we present a little known event, perhaps bordering on narrative anecdote; but, we are assured by those who have knowledge of these circumstances, at least somewhat true.
So after the unfortunate, or perhaps fortunate, events at the aftermath of the Junction City affair, Hannibal Heyes and Jedediah Curry, having been left penniless theretofore, left their birth state of Kansas behind, yet again, to seek calmer and more prosperous climes elsewhere. Not wanting to again find themselves in such a bankrupt situation; subsequently, and with great, diligent, and undivided focus, said gentlemen saved their respective earnings from delivery and other various and sundry jobs, together and separate, for one Colonel Harper (retired), until they had a substantial sum (the total of which sum is unknown).
After consultation with their friend and mentor, Sheriff Lom Trevors, they deposited most of said sum with Sheriff Trevors in furtherance of their secret quest for amnesty from the Governor of the Territory of Wyoming; as well as for said sum's protection, lest Messrs. Heyes or Curry lose it under temptation – at the poker tables or otherwise (we will not deign to imagine such other temptations of the time here). Under the circumstances, and also to further protect them and himself, Sheriff Trevors thought it wise to have legal documents drawn up to declare and direct the disposition of said sum.
To effectuate said process, at Messrs. Heyes and Curry's recommendation, Sheriff Trevors sent for the esteemed Chester Brubaker, Esquire; who represented Messrs. Heyes and Curry at the conclusion of the Junction City affair; and who both knew their real identities and was trusted with that knowledge. After acquiring pro hac vice status for this purpose in the State of Colorado, Attorney Brubaker drafted, finalized, and had executed, and witnessed, the Testaments of each of Hannibal Heyes and Jedediah Curry. Mr. Brubaker had the foresight to bring with him his trusted secretary, notary, and friend, a Mr. Ambrose Day, who being in Mr. Brubaker's employ, was considered trustworthy to a fault; and who also obtained a notary public commission in Denver City (as the town was then known) for the occasion.
Now, yes, it was at first true that Messrs. Heyes and Curry had reservations of signing "final papers," as they called it; superstitious as they were of the process. However, once they understood how important it was to Sheriff Trevors that they do this, they followed through; the amnesty's being of such import to them. They reasoned Sheriff Trevors carried enough of a burden on their behalf; and if what he really wanted them to do was to have them sign papers protecting him, them, and their legally and diligently obtained sums, they would do it. And so, they did; but with a caveat that the final act of life not be stated as such.
Now, after attaining pro hac vice admittance in the State of Colorado, under the auspices of a trusted former law professor and mentor of his; and for the purpose of representing such stated "special clients" only in this matter; Attorney Brubaker personally drafted such documents in the fashion, and with the finest boilerplate, of the day. Given the notoriety of such special clients, a mutual decision was reached by all parties to meet at sundown, on the date duly chosen, at the home outside Denver City of a friend of the special clients; which friend might have acted as a witness but for her personhood as a woman, thereby having no legal authority and negating her presumably female desire to act as such a witness to help her friends.
That mutual decision at sundown – anticlimactic though it was in the understanding of that phrase in the common consciousness of the romantic vision of the Old West – actually was of great fortuity. You see, another noted marshal who was known to the special clients was in Denver City that day; and the little house in the further reaches of town was just enough out of the way to evade his path.
And so, our tale ends with the various special clients and parties (not of the first, second, nor even third part) going all their merry ways back to from whence they came, task finished. Yes, it is all very anticlimactic, and probably as nonsensical as one should never have heard; especially in the romanticizing and notarization of the notorious. However, as well we remember, Messrs. Heyes and Curry did finally attain amnesty; albeit, long after they first sought it. But, to cure curiosity, we leave you with one example of the documents signed that evening – a testament, identical to the other, but with names changed around, but very little else; to wit:
Testament
I, Hannibal Heyes, being of sound mind, do hereby declare and set forth my testament as to disposition of certain of my property in the event of my capture and incarceration, or worse.
Article First: It is my stated wish that my share (namely, half) of certain moneys entrusted to Lom Trevors, duly appointed Sheriff of Carbon County, Territory of Wyoming ("Sheriff Trevors"), by myself and my associate and cousin, Jedediah Curry ("Mr. Curry"), for any of the following stated and enumerated purposes be, and the same hereby are, used for those stated and enumerated purposes only:
One: Any expenses incurred by Sheriff Trevors in his endeavors of interceding and advocating for amnesty on behalf of myself and/or Mr. Curry, with the Governor of the Territory of Wyoming and/or any other officials in authority in their individual and/or several, legal, and duly appointed and/or elected, and binding capacity, as such, in the Territory of Wyoming, or elsewhere as needed or required by law ("The Authorities");
Two: Any expenses related to the furtherance and disposition of jurisprudence, directly or indirectly (this latter at Sheriff Trevors' discretion), on behalf of myself and/or Mr. Curry; such as bail, attorney, and/or court costs and/or expenses, or any other purpose in respect thereof, for myself and/or Mr. Curry;
Three: In the event of my capture or incarceration, or worse, that the same hereby be, and are, used for the defense, upkeep, and/or any other maintenance and/or rehabilitation, of Mr. Curry, as needed, and/or as required by law;
Four: Except that in the case of both of my and Mr. Curry's capture and incarceration, or worse, that the same hereby be, and are, kept by Sheriff Trevors, for his time and trouble, in interceding and advocating for said amnesty on behalf of myself and/or Mr. Curry, with The Authorities; and for also being a kind and loyal friend and advocate, and mostly trusting in us to do the right thing, even as others (such as The Authorities) failed to so believe;
Five: In the event of any future marriage and/or issue of myself, this paragraph supersedes Article First, paragraph Four, and the same hereby be, and are, to be used (i) half as stated in Article First, paragraph three; and (ii) half for the sustenance, upkeep, and/or maintenance of any future wife and/or issue of myself; and
Six: In the event of both my and Mr. Curry's capture and incarceration, or worse, and in the event of any future marriage and/or issue of Mr. Curry, and none of myself, this paragraph supersedes Article First, paragraph Four, and the same hereby be, and are, to be used for the sustenance, upkeep, and/or maintenance of any future wife and/or issue of Mr. Curry.
Article Second: It is my stated wish that in the case of my capture and incarceration, or worse, that any and all property of mine, real or personal, other than the moneys addressed in Article First herein (the "Property"), shall inure to the benefit of Mr. Curry, unless:
One: In the case of only my capture and incarceration, that any and all Property, not in my direct use, care, or control, shall inure to the benefit of Mr. Curry;
Two: In the case of the capture and incarceration of both myself and Mr. Curry, or worse, that any and all Property, not under my direct use, care, or control, shall inure to the benefit of Sheriff Trevors;
Three: In the event of any future marriage and/or issue of myself, this paragraph supersedes Article Second, paragraph Two; and any Property shall inure to the benefit of any future wife and/or issue of myself; and
Four: In the event of both my and Mr. Curry's capture and incarceration, or worse, and in the event of any future marriage and/or issue of Mr. Curry, and none of myself, this paragraph supersedes Article Second, paragraph Two; and any Property shall inure to the benefit of any future wife and/or issue of Mr. Curry.
Lastly, the shortened, defined terms used herein are for brevity only; and in all such cases mean the fuller and legal terms as if they were stated at length herein.
I do hereby declare, and set my hand and seal, that the aforementioned terms of this Testament be, and the same hereby are, valid and binding, this Ninth day of September, in the Year of Our Lord One Thousand Eight Hundred and Eighty One.
Signatory: Hannibal Heyes
Signed, sealed, and delivered in the City of Denver City, County of Arapohoe, State of Colorado, United States of America, by Signatory Hannibal Heyes, in the presence of:
Witness: Lom Trevors, Sheriff, Carbon County, Territory of Wyoming
Witness: Jedediah Curry, Citizen, United States of America (no known address)
Witness: Chester Brubaker, Attorney at Law, State of Kansas
County of Arapohoe:
State of Colorado:
In my presence came Hannibal Heyes, Signatory to this Testament, and Lom Trevors, Jedediah Curry, and Chester Brubaker, separately, Witnesses to this Testament, this Ninth day of September, One Thousand Eight Hundred Eighty One.
Signed: Ambrose Day, Notary.
My commission expires December 31, 1884.
Endnote: Hannibal Heyes and Jedediah Curry did finally obtain amnesty at the time of Wyoming Statehood; albeit, some declared said act to be a mistake which sullied the new State's reputation. You see, in early 1890, several months before that event, the last Territorial Governor, in winding down the affairs of the soon-to-be-late Wyoming Territory, sought to clear old business of the Territory, and signed older declarations that had yet to be put into full force and effect; amongst these documents was a declaration from 1880, signed by the then Territorial Governor, and assigning provisional amnesty to the named parties; to wit, Hannibal Heyes and Jedediah Curry.
The declaration stated that if the two then outlaws remained on the right side of the law for a period of one year, their provisional amnesty would yield to complete amnesty; and all charges against them would be dropped. Attached to the declaration were affidavits containing witness accounts of the then outlaws' good character, along with statements of their good friend and emissary to the Territorial Governor, the same Sheriff Lom Trevors, who stood as their witness in the Testament appearing above; who represented and enumerated the then outlaws' numerous missions as agents acting on behalf of the Territorial Governor; to wit, if not to repeat, thereby risking their lives, in carrying out missions for, and acting as direct agents of, and on behalf of, and under direct orders of, the Territorial Governor.
These various and sundry documents were found in the safe in the Territorial Governor's office, and spanned several terms of former Territorial Governors. Taken together, it was felt by their supporters a decade later that this had long constituted provisions for the granting of full amnesty; and it was granted. The opposition to this act argued the two would still be rotting in prison if they had been caught; and should long have been spat upon as the wretched felons they were, and deserved to go down in history as. Of course, these arguments were used in an attempt to negate the good deeds of two men who risked their lives in dangerous missions on behalf of a decade's worth of Territorial Governors; all of whom found it politically inexpedient to grant what had long been promised. And although Wyoming, now as a State and then as a Territory, bucks most other jurisdictions in having no statute of limitations on criminal offenses, these same statutes of limitations would have long run anywhere else.
Therefore, whether a mistake, a technicality, a sham, or otherwise, the men walked free as the day they were born; albeit, now fully clothed.