Legends of the Old West - TOM HORN Ep. 6 | “The Murder of Willie Nickell”

Episode Date: October 26, 2022

In July of 1901, 14-year-old Willie Nickell is found dead near his family’s farm. Residents of southern Wyoming are outraged, but there are very few leads in the case. The investigation begins to fo...cus on Tom Horn, and lawmen will need a creative plan to trap him. A deputy U.S. marshal and a district attorney devise a strategy to his Tom’s own words against him, and they finally deliver justice. Join Black Barrel+ for ad-free episodes and bingeable seasons: blackbarrel.supportingcast.fm/join Apple users join Noiser+ for ad-free episodes and bingeable seasons. Click the Noiser+ banner on Apple or go to noiser.com/subscriptions to get started with a 7-day free trial. On YouTube, subscribe to LEGENDS+ for ad-free episodes and bingeable seasons: hit “Join” on the Legends YouTube homepage: https://www.youtube.com/channel/UCUVRfp5H1frBzTegq9qMNIQ For more details, visit our website www.blackbarrelmedia.com and check out our social media pages. We’re @OldWestPodcast on Facebook, Instagram and Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:00:00 The summer of 1901 was a hot one on the high plains of Wyoming. 41-year-old Tom Horn was still working as a range detective for John Coble. When Tom wasn't out patrolling the range, he lived on the Iron Mountain Ranch. One July morning, Tom saddled his horse and, supposedly at Coble's request, went to see if a local sheep rancher named Kelsey Nickel was letting his sheep graze on Iron Mountain land.
Starting point is 00:00:41 Kelsey Nickel and John Coble already had a history together, and it wasn't good. They were enemies long before sheep entered the picture. The problems began, as was the case with countless other homesteaders, when Nickel filed for a homestead of 160 acres and then fenced off his land, just as the law allowed. But Coble had been using that land for his cattle, so he was not happy with his new neighbor and went to tell him why. An argument between the two men escalated to the point where Nickel pulled a knife and slashed John Coble. Nickel went to jail for the assault, and Coble allegedly
Starting point is 00:01:18 swore revenge. A man described as a prominent citizen of Cheyenne told a reporter for the Denver Post, Coble hates nickel like the devil hates holy water. But he never had an excuse to go after him until he, Nickel, brought in all those sheep. In John Coble's mind, a homestead near his ranch land was bad. But when Kelsey Nickel started grazing 3,000 sheep on that land, that was much worse. Coble was said to have been irate. In general, over the past five or six years, relations had improved between big ranchers and small ranchers, but the peace between them was brittle and could easily break. And John Coble had a weapon in Tom Horn.
Starting point is 00:02:02 When there was a problem, it was probably easier just to unleash Tom rather than go through the court system. And if there technically wasn't a problem, if Coble or another big rancher simply thought that a person was in the way and that person had not committed a crime, then Tom Horn was the only solution. In the last two years alone, it seemed likely that Tom had killed six men. The last two, Matt Rash and Isom Dart, had presented threats to Iron Mountain. They had been murdered a year ago, in the summer and fall of 1900, and now, Kelsey Nickel presented a new threat. Whether he knew it or not, or took it seriously or not, he and his family were in grave danger.
Starting point is 00:02:46 In July of 1901, one year after the murder of Matt Rash, the final chapter of Tom Horn's life began. And it began, as most people believe, by ending someone else's life. From Black Barrel Media, this is Legends of the Old West. I'm your host, Chris Wimmer. And this season, we're telling the complex and controversial story of Tom Horn, range detective, Pinkerton agent, and hired gun. This is Episode 6, The Murder of Willie Nickel. Kelsey Nickel was known to be difficult and was not well-liked by many of his neighbors. At the same time Nickel was feuding with John Coble of Iron Mountain, he was also feuding with his neighbor, Jim Miller, who was no relation to
Starting point is 00:03:45 the infamous Texas outlaw. The specific genesis of the feud is unclear, but is generally about the same things that all the feuds on the range were about, land and water. It stretched back at least a year, but it intensified when Nickel accused two of Miller's sons of trespassing on his land and cutting his fences, presumably so their cattle could graze on his land. The boys were charged and went to trial, but both were found not guilty. Miller was fearful of what Kelsey Nickel might do next, so Miller began to keep a loaded gun on hand, and that had tragic consequences. on hand, and that had tragic consequences. In August of 1900, Jim Miller accidentally discharged the gun and killed one of his younger sons. Miller was distraught and blamed Nickel for
Starting point is 00:04:38 the accident. After all, if Nickel hadn't been causing problems, Miller wouldn't have been carrying the gun. When the two men ran into each other at a Che been causing problems, Miller wouldn't have been carrying the gun. When the two men ran into each other at a Cheyenne restaurant, Miller pulled a knife and stabbed Nickel in the shoulder. Nickel pulled a pistol, but wisely didn't fire it. After that, the feud simmered down, or at least it settled into an uneasy stalemate. A year later, in June of 1901, Kelsey Nickel waylaid Miller's 14-year-old son and allegedly threatened to kill his horse. Six weeks later, the feud escalated to one of the worst-case scenarios. On the morning of July 18th, 1901, 14-year-old Willie Nickel left home to run an errand for his father.
Starting point is 00:05:30 Willie was supposed to go to the nearby railroad station to try to talk to a man who had asked for a job from Willie's father the day before. Kelsey Nickel had said no to the job seeker at the time, but now he wanted the man to come back. Three-quarters of a mile from the house, the shooting started. There were a total of three gunshots, two of which hit Willie Nickel. The Rocky Mountain News specified that at least one of those shots hit him in the back while he tried to run away. He collapsed near a gap in a fence, and apparently his killer walked out of his hiding place and examined Willie's body, probably to make sure he was dead. Willie's shirt was pulled open to reveal an exit wound in his chest. The killer had concealed himself in some rocks about 200 feet away.
Starting point is 00:06:13 With his work done, he escaped without being seen. That night, Willie's parents were not overly worried when he didn't return home. They thought he probably spent the night at the railroad depot after he completed his errand. The next morning, July 19th, Willie's younger brother Fred left the house to bring in some cows. He discovered Willie's body and raced home to tell his parents, and the family realized that the gunshots they'd heard the previous morning were the ones that killed Willie. Late in the day, officials began to arrive at the crime scene to begin the investigation. Kelsey Nickel, Willie's father, immediately suspected his neighbor, Jim Miller, or one of Miller's sons.
Starting point is 00:06:57 Given their history, it was a logical suspicion. But everything changed when it was discovered that Tom Horn had been seen in the area. Tom had stayed at Jim Miller's house the night before Willie was murdered. That whole region was part of Tom's area of patrol for the Iron Mountain Ranch Company, so it was common for him to spend the night with the Millers. And Tom might have had a bit of a romantic interest in the schoolteacher who was boarding with the Millers, and that would have had a bit of a romantic interest in the school teacher who was boarding with the Millers, and that would have given him further incentive to stay at the house. But whoever the killer was, the murder represented an escalation in the violence.
Starting point is 00:07:37 The residents of Southern Wyoming howled their outrage. It was a sad fact, but they were somewhat used to hearing about the murders of ranchers. But the murder of a boy? That was a crime along the lines of the lynching of Ella Watson back in 1889. And people started to ask, even for a known killer like Tom Horn, was he capable of murdering a 14-year-old boy from ambush? As a podcast network, our first priority has always been audio and the stories we're able to share with you. But we also sell merch. And organizing that was made both possible and easy with Shopify.
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Starting point is 00:09:48 It's so simple to use, even a rookie can weld like an expert, allowing you to boost your shop's productivity up to 5 to 10 times more than with traditional arc welding processes. Expand your workforce so you can start doing more and making more. Get the Optics Laser Advantage now and start changing the welding game. Nearly everybody in Laramie County came out for Willie Nichols' funeral, and they wanted his killer caught and punished as fast as humanly possible. The coroner immediately opened an inquest into the boy's murder. Early in the investigation, it was determined that Willie had been shot twice. The first shot wounded him,
Starting point is 00:10:36 and he ran for cover. The second shot killed him instantly. After the initial suspicion of the Miller family, the investigation focused on Tom Horn. One of Jim Miller's sons testified that Tom had made a vaguely threatening comment about Willie's father. Tom denied it, but Willie's father testified that he was plenty nervous about the big rancher, John Coble, and Coble's hired gun-slash-range detective, Tom Horn. Coble's hired gun slash range detective, Tom Horn. The suspicion grew two and a half weeks later when Kelsey Nickel nearly met the same fate as his son. On August 4th, 1901, 17 days after Willie's murder, Kelsey Nickel was milking a cow with his daughter. An unknown gunman shot Kelsey three times. His daughter was unharmed, and he miraculously survived.
Starting point is 00:11:30 But it seemed like proof that someone really wanted him dead and wasn't going to stop until he was. The gunman escaped without a trace, and his actions did not stop the investigation into Willie's murder from moving forward. Tom Horn was subpoenaed to testify, and he did as ordered. As expected, he denied all involvement in Willie's murder and Kelsey's attempted murder. There was no direct evidence to connect him to either crime, no shell casings, no boot prints, and no witnesses. With all that considered, and Tom Horn's scary reputation factored in,
Starting point is 00:12:07 the men of the inquest jury were forced to conclude that Willie Nickel was killed by a person or persons unknown. It seemed like Tom Horn was off the hook yet again. But the Laramie County District Attorney wasn't going to give up. He contacted the U.S. Marshals, and they sent Deputy Joe LaForge to Cheyenne to see if he could help. LaForge was in Cheyenne by the end of August 1901, and he and the district attorney came up with a simple strategy. If they didn't have any evidence against Tom Horn, the only way they could convict him was if they got him to confess. Tom had a well-earned reputation for boasting about his adventures, both real and imagined, and that included telling stories about the men he'd killed.
Starting point is 00:12:53 Tom's stories about his killings were almost always inconsistent and heavily embellished, but it seems like he rarely claimed credit for a murder he didn't commit. He was certainly willing to claim unearned credit for heroic things, like single-handedly getting Geronimo to surrender, but for the most part, when he talked about killings, he probably did them, even if the details changed each time he told the story. So, Deputy Joe LaForge casually bumped into Tom Horn in a Cheyenne saddlery. They struck up a friendly conversation, and LaForge freely admitted that he was a U.S. Deputy Marshal who was there to investigate the murder of Willie Nickel. But with a wink and a nod, he made sure Tom understood
Starting point is 00:13:37 that they were on the same page about the best way to handle rustlers. And then LaForge mentioned the possibility of a job as a range detective with the Montana Livestock Association. He said he had friends there who liked the way Tom Horn operated. Tom expressed immediate interest in the new job. He wanted to get out of Wyoming. Not only was the public certain of his guilt, but many newspapers were now naming him as Willie Nichols' killer. Over the next six months, Deputy Joe LaForge slowly but surely gained Tom's confidence, and by the end of the year, LaForge was ready to spring his trap. In January 1902, Deputy LaForge told Tom that the Montana Livestock Association had come through with the job offer.
Starting point is 00:14:24 that the Montana Livestock Association had come through with the job offer. Tom was thrilled, and he bought a train ticket to Billings, Montana for January 13th. Tom then agreed to meet with LaForge on January 12th, the day before he was supposed to leave, to discuss the final details of the job. Tom didn't know it, but he would never get on that train to Billings. didn't know it, but he would never get on that train to Billings. The plan was to meet at a nearby hotel, where LaForge would buy Tom a couple whiskeys to loosen him up. Then they would go to the U.S. Marshal's office that LaForge was using, and Tom would sign the contract for his new job. Then LaForge would read out loud the glowing letter of introduction that he was going to send with Tom.
Starting point is 00:15:08 LaForge would then ease into a conversation about the murder of Willie Nickel, but in a way that would play to Tom's ego. To get a judge to sign off on an arrest warrant based on any confession Tom might make, LaForge needed witnesses. Ironically, Tom didn't want to be seen in public with members of law enforcement, yet he agreed to go to the U.S. Marshal's office,
Starting point is 00:15:31 which gave LaForge a home field advantage. The day before the meeting, LaForge ordered some alterations to the room that would hopefully help trap Tom Horn. They trimmed two inches off the bottom of the door that led from the main office into another office, and they drilled a tiny peephole into the door. Just before the meeting started, a Laramie County deputy sheriff and a court stenographer hid in the other room. They sat on the floor, and the stenographer could hear the conversation through the new gap between the floor and the bottom of the door, and the deputy sheriff could watch the meeting through the peephole. The stenographer would take notes, and the deputy would observe,
Starting point is 00:16:12 and with any luck, they would catch a killer. Joe LaForse and Tom Horn met at the hotel as planned. They drank their whiskeys and then went to the office. Tom sat on one side of a desk and LaForge sat on the other. And unbeknownst to Tom, the deputy sheriff and the court stenographer listened and watched on the other side of the office door. LaForge and Tom discussed the details of Tom's new job in Montana, and then Tom signed his phony contract. LaForge read the letter of recommendation, which Tom loved.
Starting point is 00:16:49 Then they chatted some more until LaForge casually asked Tom, man to man, how he'd gotten away with Willie Nichols' murder. Here are parts of the actual conversation as recorded by the stenographer. Deputy LaForge Tom, you are the best man to cover up your trail I ever saw. In the Willie Nickel killing, I could never find your trail, and I pride myself on being a trailer. Tom, I left no trail.
Starting point is 00:17:18 The only way to cover up your trail is to go barefoot. LaForge then asked about the school teacher who was boarding at the Miller's house, the young woman with whom Tom might have had a relationship. Tom, the first time I met the girl was just before the killing of the kid. Everything, you know, dates from the killing of the kid. LaForge, how many days was it before the killing of the kid? Tom, three or four days, maybe one day. Tom went on incriminating himself. Eventually, LaForge knew he had what he needed,
Starting point is 00:17:53 so he decided to bring up some old business. He asked about the murders of small ranchers William Lewis and Frederick Powell in 1895. LaForge, in the Powell and Lewis case, you got $600 a piece. You killed Lewis in the corral with a six-shooter. I would have liked to have seen the expression on his face when you shot him. Tom. He was the scaredest son of a bitch you ever saw. How did you come to know about that, Joe? LaForge, I have known everything you have done, Tom, for a good many years. LaForge switched back to talking about the murder of Willie Nickel
Starting point is 00:18:31 and asked about a detail that was associated with a few of Tom's killings. LaForge, why did you put the rock under the kid's head after you killed him? That's one of your marks, isn't it? Tom, yes, that's the way I hang out my sign to collect money for a job of this kind. LaFors. I could always see your work clear, but I want you to tell me why you killed that kid. Was it a mistake? Tom. Well, Joe, I will tell you about it when I come back from Montana. It is too new yet. Well, Joe, I will tell you about it when I come back from Montana.
Starting point is 00:19:04 It is too new yet. One of the early books that was written about Tom Horn said it was dreary and rainy on the morning Willie Nickel was killed. It said Willie wore his father's hat and coat and rode his father's horse. So there was a chance that Tom intended to kill Willie's father and ended up killing Willie by mistake. But the details in the book are questionable, and there's an equal chance that Tom knew exactly who he was trying to kill. Either way, it didn't change the fact that Willie was dead,
Starting point is 00:19:34 and Tom Horn probably killed him. The final statement in the stenographer's notes was this, which seemed to sum up Tom's life perfectly. Tom, killing men is my specialty. I look at it as a business proposition, and I think I have a corner on the market. Introducing the Miller Optics 2KW Handheld Laser Welder. It's so simple to use, even a rookie can weld like an expert, allowing you to boost your shop's productivity up to 5 to 10 times more than with traditional arc welding processes.
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Starting point is 00:20:58 At the end of the meeting, the fours wished Tom good luck and they said their goodbyes. But then the race was on. Tom was leaving for Montana the next day, and before the district attorney could get the judge to issue an arrest warrant, he needed to give the judge a complete transcript of the conversation. The stenographer was up all night transcribing his notes and then typing the conversation, but he finished just in time. The next morning, the judge read the transcript
Starting point is 00:21:26 and immediately issued a warrant for Tom Horn's arrest. Tom was at the station waiting for his train to Montana when the sheriff arrived. Tom stood up to say hello, and the sheriff quickly grabbed Tom's pistol out of his waistband and placed him under arrest. Tom offered no resistance and calmly accompanied the sheriff back to the Laramie County Jail, probably assuming John Coble and the rest of his cattle baron friends would get him out of this jam, just as they had so many other times. But this time, Tom was mistaken.
Starting point is 00:22:12 Ten months later, on October 10, 1902, the case of the state of Wyoming v. Tom Horn began in Cheyenne. Given the notoriety of the case and the infamy of Tom Horn, people poured in from everywhere to watch the show. Newspapers from all over the West and many from the East reported on the trial. The hotels were booked, and the saloons and casinos were bustling. The trial of Tom Horn was big business, and it turned Cheyenne into a circus. The expectations were that the trial would be long and drawn out, but that didn't happen. Both sides put on impressive cases. Tom's attorneys, paid for by John Coble of Iron Mountain Ranch, were the best defense attorneys in the state. They did their best to keep the confession from being admitted into evidence, claiming it was invalid because Tom had been
Starting point is 00:22:56 drinking. The judge didn't buy it. Once the transcript was entered, Tom was in serious trouble. Tom eventually took the stand in his own defense, but it didn't do much good. Twelve days after the trial began, and after just eight days of testimony, the lawyers made their closing statements. The statements were lengthy and were spread across parts of three days. The district attorney finished at about 11.30 a.m. on Friday, October 24th. The judge gave the jury the necessary instructions, and then the 12 men began their deliberations. Five hours later, at 4.30 that afternoon, they informed the judge that they'd reached a verdict. That was lightning fast in a case like this.
Starting point is 00:23:42 Clearly, there was no doubt in the jury's mind, but now everyone waited to see which way the verdict would go. Everyone filed back into the courtroom and waited in silence. The jury foreman stood and read the verdict out loud, guilty of murder in the first degree. By all accounts, Tom Horn remained stoic as the verdict was read. He was taken back to jail to await sentencing. Days later, his lawyers filed a motion for a new trial. The judge saw no grounds for a new trial and denied the motion. In the same hearing, he pronounced the sentence. He said,
Starting point is 00:24:28 It is ordered, adjudged, and decreed that you, Tom Horn, be confined until the ninth day of January, 1903, on which day, between the hours of nine o'clock in the forenoon and three o'clock in the afternoon, you will be taken by the sheriff of Laramie County to a place prepared by him, and there, hanged by your neck until you are dead. Tom was ordered to spend the next three and a half months in jail until his date of execution, but he ended up sitting there for more than a year while the appeals process dragged out. Tom's lawyers pleaded his case to the appeals court and failed. They pleaded his case to the Wyoming State Supreme Court and failed, at least in part.
Starting point is 00:25:06 They didn't get the verdict overturned, but the court issued an indefinite stay of execution while they pursued their final hope, a plea to the governor. Tom's lawyers tried to convince the Wyoming governor to commute Tom's sentence. The governor was under tremendous pressure from Tom's powerful friends to do it. Tom's military friends wrote letters commending his service to the country and asking for clemency. John Coble of Iron Mountain personally went to the governor multiple times, but the governor continued to refuse. A group of cattle barons threatened to donate $100,000 to the campaign of whoever ran against the governor in the next election.
Starting point is 00:25:48 Anonymous letters poured in claiming they killed Willie Nickel. And of course, the governor received death threats. But on November 14th, 1903, just over a year after Tom Horn had been found guilty of murder, the final die was cast. The governor officially announced he would not commute Tom Horn's sentence or interfere with the sentence in any way. While the year dragged on, Tom Horne sat in his jail cell and watched the construction of the gallows a few feet away. His execution would not be a public spectacle right outside the courthouse or in the town square like the old days. At first, the jailers hung a piece of canvas to block Tom's
Starting point is 00:26:32 view, but he insisted they take it down. As time ticked by and Tom waited for a miracle, he seemed resigned to the fact that it probably wouldn't come. Tom allegedly read the governor's decision in the newspaper. The execution was scheduled for November 20th. Tom remained calm, saying at one point, there is no more chance of my hanging than there is of the governor's. That statement alarmed the sheriff because there had been a lot of chatter about a possible attack on the jail to rescue Tom Horn. For that reason, the governor called in the National Guard to surround the building. An order was given to apply, quote, the law of the trail.
Starting point is 00:27:13 If anyone attempted to break out Tom Horn, Tom would be shot and killed before he could be rescued. Tom was not allowed visitors in the days leading up to his execution, but he was allowed to invite, if that's the right word, six people to witness the hanging. He invited three cowboys from Iron Mountain Ranch, as well as John Coble. Coble said he couldn't bear to watch. Tom also invited his brother Charles, but Charles said he couldn't bear to watch. Tom also invited his brother Charles, but Charles said he couldn't endure it either. He did agree to take responsibility for Tom's body and give him a proper burial in
Starting point is 00:27:52 Boulder, Colorado, where he now lived. On the day of the execution, deputies described Tom as being in a foul mood. He washed up, had some slices of orange, two pieces of toast, and a cup of coffee. At 9 a.m., the sheriff allowed Tom one visitor. John Coble came to say goodbye. Coble was so distraught he could barely speak, but he did manage to say, I'm sorry, Tom, but die like the man I know you to be. Tom replied, I'll die all right, John. Don't you worry about that. I'm not afraid. Say goodbye to all the boys. The sheriff opened the cell door so the two old friends could shake hands. John Coble left and tried one last time to appeal to the governor, but it didn't work. The sheriff entered Tom's cell and told him to prepare.
Starting point is 00:28:43 The sheriff entered Tom's cell and told him to prepare. Tom was chewing on a cigar and wearing a pair of slippers, dark pants, and a red and black shirt with a vest over it. Tom nodded, laid down his cigar, and followed the sheriff out of his cell. Tom was led to the scaffold by an Episcopal minister. Tom's three friends, Charlie Irwin, his brother Frank, and T. Joe Cahill, watched as Tom was led up onto the platform. The Irwin brothers began to sing a song that Tom had requested called, Life is Like a Mountain Railroad. When the song was finished, the Irwin brothers and Joe Cahill left the room. They couldn't bear to watch the execution either. Joe Cahill left the room.
Starting point is 00:29:23 They couldn't bear to watch the execution either. The sheriff looped the noose around Tom's neck. A deputy placed a black hood over his head, and the minister began to pray. The deputy said, Are you ready, Tom? Tom said yes and clenched his fists. At 11.07 a.m., Tom's body dropped.
Starting point is 00:29:47 According to a reporter who was present, Tom turned slightly and then hung still. Two doctors checked the pulse on Tom's wrist. When neither man detected a heartbeat, they pronounced him dead. John Coble paid for Tom's coffin. It was oak with copper lining and white satin. Tom's brother Charles kept his word. He escorted Tom's body to Boulder, Colorado. Charles planned to have a funeral for Tom, but none of the churches would allow it. So, a service was held at a local funeral home. Tom Horn was laid to rest at the Columbia Cemetery, and he still lies there today next to his brother Charles,
Starting point is 00:30:25 who passed away 27 years later. The precise number of murders Tom Horn committed will never be known, but 17 is the number that is mentioned most often. In his time, he was loved by some, hated by many, and feared by even more. Today, well over a hundred years since his death, he remains one of the most complicated and controversial figures of the Old West. Thanks for listening to the story of Tom Horn here on Legends of the Old West. Next time, we're going to go back into Native American history and tell the story of Chief Joseph of the Nez Perce and his incredible attempt to keep his people free in 1877, the year after the Battle of the Little Bighorn. That epic saga begins in a couple weeks here on Legends of the Old West.
Starting point is 00:31:20 And members of our Black Barrel Plus program don't have to wait week to week. They receive the entire season to binge all at once with no commercials. Sign up now through the link in the show notes or on our website, blackbarrelmedia.com. Memberships begin at just $5 per month. This series was researched and written by Michael Byrne. Original music by Rob Valliere. Copy editing by me, Chris Wimmer, and I'm your host and producer.
Starting point is 00:31:48 If you enjoyed the show, please leave us a rating and a review on Apple Podcasts or wherever you're listening. Check out our website, blackbarrelmedia.com for more details and join us on social media. We're at Old West Podcast on Facebook, Instagram, and Twitter. Thanks for listening. Nous sommes à Old West Podcast sur Facebook, Instagramvous ce frisson d'obtenir le meilleur deal?
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