The following is part of the papers in the Oscar Hoback collection as collected by Edna Greet. With this entry, we will leave Oscar Hoback behind unless I can dig up his letters from the Spanish American War. I have a new set of historical stories to share in the coming weeks!
The war then commenced. More than an hundred shots were fired by the men on both sides, and when the smoke of battle had cleared away, it was found that Bob Smith was mortally wounded. Bob Devine’s horse was killed, and Devine and a number of the men on both sides were slightly wounded. During the shooting the men were yelling and cursing, the horses were running and pitching, and the dust raised by the horses and the smoke from the firing of the guns made it almost impossible for the men to see each other.
“In five minutes the shooting ceased. Al Smith escaped on his horse after his six-shooter had been shot out of his right hand and the bullet had torn the flesh from his thumb and entered his wrist. Bob Taylor had dropped from his horse and got into a little washout, and threw up his hands and asked for mercy; Bob Smith was lying on the ground, calling for the men to come to him. The men went to him and rolled him over. He told them not to shoot him again; that he was already mortally wounded. He said that he had commenced the fight and had fired the first shot.
“Taylor was placed on a horse without a bridle, but a rope was around its neck. He was taken to the Bar C ranch and subsequently was brought to Casper, but the tragedy having occurred in Johnson county, the authorities in this county had no jurisdiction over him, and he was turned over to the Johnson county authorities, who brought no action against him.
“Bob Devine gave himself over to the Johnson county authorities and was placed under bond of $15,000 to appear for trial at the next term of the district court, but the officers of the law from both Natrona and Johnson counties thought it best to avoid further trouble and discontinue the feud, if possible, and the case against Devine was dismissed.
“About the first of August, Devine and twenty-seven men again went to the Hole-in-the-Wall prepared to fight if necessary and get their cattle out of there. They succeeded in bringing several hundred head of cattle out of the Hole, and although they could see a great many men on horseback at a distance, they were not disturbed.”
In contradiction of the above story, the details of which were gleaned from Devine, Bob Taylor said that after Smith had been shot he rode with him about half a mile into a gulch, when Smith became so weak from the loss of blood and the suffering from his wound he could ride no farther. He helped the wounded man off his horse and laid him on the ground, remaining with him a short time, and then he came back toward Devine and his men with his hands raised, and asked for help for Smith. He said he voluntarily surrendered in order that he might get help for his wounded companion. They all started for the spot where Smith was lying helpless and dying, and while on their way Devine shot at him while his hands were up, and no doubt would have murdered him had it not been for Joe LaFors, who knocked Devine’s gun aside just as he was about to fire and remarked: “For God’s sake, don’t murder the man!” When they reached the place where Smith was lying on the ground the wounded man was pleading for water, but Devine refused to allow anyone to give him water or relieve his suffering in any way. They remained here for nearly half an hour when Tom Gardner and several other men came riding up. Devine ordered Gardner and the other men to hand over their guns, but they refused to do so. Gard- ner said he was going to get some water for Smith, and Devine said he would kill anyone who attempted to help him in any way. In the face of this threat Gardner went to the creek, which was close by, and getting some water in his hat brought it to the dying man. Devine did not attempt to shoot Gardner.
Bob Devine and his son remained in Natrona county with the CY outfit for several years, and subsequently moved to Missouri, where they established themselves on a farm and they have lived there peacefully ever since.
Although Bob Devine claimed the credit, or blame, whichever the case may be, for the killing of Bob Smith, it is said that Joe LaFors, who was the only cool-headed man in the bunch at the time of the shooting, fired the fatal shot.
The Hole-in-the-Wall country is now a quiet, peaceful pasturage for sheep and cattle. The automobile has made State street and Broadway safer haunts for the bandit and robber than was the rough mountain and the gloomy canyon in the day of the saddle-horse. The same swift auto makes the Hole-in-the-Wall a pleasant picnic ground for pleasure-seekers from Casper. On any Sunday you can enjoy its scenic beauties and meet nothing more deadly than an occasional kodak fiend or a chicken sandwich.
Find me here!
A deadly chicken sandwich. I like it. I never thought of myself as a Kodak fiend and I’ll bet you haven’t either, Carol.
I’m glad you have a source for more historical tales. These have certainly been interesting.