Across The Fence: Investigation at Spring Creek

In 1909 Felix Alston was the Sheriff in Big Horn County, Wyoming. Four years before his death in 1956 at the age of 87, Former Sheriff Alston began a handwritten manuscript detailing his investigation of the Ten Sleep murder, known also as The Spring Creek Raid. The manuscript titled "The Tensleep Raiders," along with several of Mr. Alston's personal effects, has recently been donated to the Wyoming State Museum in Cheyenne, Wyoming. Sheriff Alston's firsthand account gives us a glimpse into his involvement in this historic event as well as his dedication to the duties of his office and his pursuit of justice despite strong opposition from the cattlemen in the Big Horn Basin.

The following portions of his manuscript shine a beacon of light on the events that occurred that dark night in April, 105 years ago.

Sheriff Alston writes:

"On the first day of April 1909, seven cattlemen, Geo. Saban, Milton Alexander, Ed Eaton, Herb Brink, Tommy Dixon, Charles Faris and Bill Keyes, congregated at Bill Keyes' ranch, had their supper and shortly after dark, rode to the sheep camp of Joe Emge and Joe Allemand and killed both of them and one Ed Lazier.

"The scene of this crime was at the mouth of Spring Creek. It empties into the Norwood River a few miles above the mouth of Tensleep Creek, which was so named by the Sioux Indians. They came each fall from their headquarters to kill and dry their winter meat. It was a ten days journey from Ft. Laramie, in other words, it was necessary they sleep ten times, hence they named this creek Ten Sleep. It was known as '10 Sleep' in the Big Horn Basin, which is a territory about 150 miles wide, entirely surrounded by a range of mountains. This Basin was a free open range, all government land; a number of big cow outfits was located therein.

"...the morning of the first of April, about 7-30 I had a long distance phone call. A woman was on the line. I asked who was talking, she was so excited she could hardly talk, wanted to get to Ten Sleep as soon as possible. Joe Allemand was dead everything burned dead sheep everywhere and hung up the phone. I never knew who she was. [I] left immediately with buckboard and saddle horse for the scene about 60 miles. [I] arrived a few minutes before sundown. Several men were there, but had not disturbed anything. The charred remains of Emge and Lazier lay in the ashes of the camp wagon. Allemande lay about 15 feet from front of the wagon. Gleet Brothers ranch house was only a few hundred feet away. We got a wooden box there, a 25 lb. Cracker box, which had ample room for the remains of both burned men. The men removed the body of Allemande by that time was too dark to do much investigating. We stayed all night at the ranch. Several men dropped in during the evening among them Herb Brink. He was overly pleasant and talkative, in fact, too much. To me, he made himself conspicuous. I felt positive at that time he was a party to the crime.

"Early the next morning I was on the scene pursuing footprints examining empty shells. I found some automatic rifle shells with no marks on them other than '51.' They were not 51 caliber, too small. I never saw any like them before or since. I noticed from his footprints he was shooting from his left shoulder, his right was forward. The discharged shells lay to his right. Had he been shooting from his right shoulder his left foot would have been forward The shells in front. I knew George Saban roped and shot left handed. He made suspect no. 2. I soon found their trail to their horses. They had them tied to some big sage brush in a small horseshoe bend of Spring Creek under a high bank. There I found a small piece of a Navajo saddle blanket. Just a single pad the saddle cinch had worn it through. It got caught to the brush and torn off. I put it in my saddle packet, was closely examining horseshoe tracks to try to determine the sizes of shoes of the shod horses. Found half a horseshoe, underside bright from wear. Also some white horsehair on brush where the broken shoe was.

"The next day I went to Bill Keyes' ranch. He was a bachelor not at home. His hired man was puttering around the workshop. He was very much excited and had a lot to say, but really knew nothing. While there, strolled into the barn to find a white horse no shoes in front, but shod behind.

"From there I started for the Gleet Brothers met Mike. I never mentioned the killing. I suggested he go to the Gleet ranch. We rode a short distance, he looked me square in the eyes a moment said, 'I know something you want to know awful bad.' 'Why don't you tell me what it is?' "' I tell what I know my life would not be worth one slick dime.' I hesitated a few moments, 'Mike, you tell me what you know. I promise to never divulge anything you tell me. I furthermore promise you will not be compelled to testify. What I want is the story.' After Mike gave me the details of the killings as told to him, we shook hands. He headed for home. I spent the night with a nester who advised me to see a party on Canyon Creek. I went there next morning. He was absent, but I met Saban. He insisted I go to dinner (lunch) with him at his ranch on Tensleep. I did. We put our horses in the barn to hay after loosening their cinches. Had dinner. Went for our horses. He went in the rear of the barn. I had noticed the right front corner of his saddle blanket missing. While he was in the rear of the barn I transferred it to my saddle, got on my horse and led his out to him. He mounted. We rode away. I often wondered if he was ever suspicious of what became of his blanket. It and the piece I found fit perfectly.

"The next morning I telephoned Judge Parmelee ... Made an appointment for us in his private chambers at 9 A.M. at which time we met. When seated, the judge asked me what I had on my mind. 'Judge, I am here to request your and our Governor's cooperation 100 percent in the Tensleep cases.'"

Governor B. B. Brooks was a friend of the cattlemen, but was also a prominent sheep man. It is quite possible that without his support of Sheriff Alston the Tensleep murders would have gone unpunished.

"I want you to call a special session of the grand jury. I will present them ample proof of guilt to warrant them to return indictments for the murder against all 7 of them. When they are arrested and in your court you must bind them over to the term of District Court without bail. If they are permitted bond we will not have one witness of importance in court. They will see to that by fair or foul means. In other words, they will not hesitate to kill if necessary to keep them off the witness stand, and all our efforts will have been for naught. If they are committed to jail without bond, then it is up to me as Sheriff to deliver their bodies before the Court for trial. I must have help from the Governor to guarantee to do that. The perpetrators of this crime have influential friends, friends that are friends to both you gentlemen, and they no doubt will bring much pressure to bear on both of you. If either of you show one iota of weakness, we will be defeated.

"During the wait for the regular term of the court, Faris and Keyes told a visitor friend the whole story and contended it was fully understood in planning the raid there to be no killing only of sheep. They were to stick up all, then kill the sheep and horses and burn all the wagons and supplies. Offered to make a full confession, which they did. I decided immediately to transfer them to the Sheridan County jail. Their lawyers immediately had Faris' wife accompany them to the Sheridan jail to persuade them to repudiate their story and as they thought succeeded, but Joe Le Fors was too much on the job. He immediately got in touch with Faris' father who went to Sheridan. Le Fors explained the facts to him fully. He advised his boy to go through as planned, which he did."

Next week, the trial and conviction of the Spring Creek Five.

M. Timothy Nolting is an award winning Nebraska columnist and freelance writer. To contact Tim; email: [email protected]