Students of Wyoming's history are well familiar with the story of the Spring Creek Raid, which occurred on April 2, 1909, on the Nowood River outside of Ten Sleep, Wyoming. The tragedy has been the subject of at least three well known books, including the excellent A Vast Amount of Trouble, Goodbye Judge Lynch, and Ten Sleep and No Rest, the first two by lawyer and historian John W. Davis and the third, and earlier work, by Jack Gage, a former Governor of Wyoming.
The raid is justifiably famous for a number of reasons, not the least of which is that it may be the sheepman murder that most closely fits the way that we imagine the cattlemen v. sheepmen war of the late 19th and early 20th Century being. Of course, the fact that it was an outright cold blooded killing no doubt causes it to be well remembered as well. And then that the killings actually resulted in a trial which convicted the assassins is also worth remembering, as it demonstrated the turn of the tide of the public view on such matters.
The Wyoming historical marker sign that describes the killings does a good job of it, with perhaps the only thing omitted is that one of the ambushing party was armed with a semi automatic Remington Model 8 in .35 Remington, a very distinct arm for the time. In basic terms, the raid occurred as several men connected with cattle raising in the area decided to enforce the "Deadline", a topographic feature of the Big Horn Mountains which meant it was a literal dead line.
The .35 Remington turned out to be critical in the story of the raid as it was an unusual cartridge for what was, at the time, an unusual arm. The Remington 08 had only been introduced in 1905 and was a semi automatic rifle in an era in which the lever action predominated. A lot of .35 Remington cartridges were left at the scene of the murders and investigation very rapidly revealed that a Farney Cole had left his Remington 08 at the home of Bill Keyes, which was quite near the location of the assault. One of the assailants, George Saban, was known to not carry a gun and was also known to have been at the Saban residence the day of the assault. Subsequent investigation matched other cartridges found on the location to rifles and pistols known to have been carried by the attackers.
Arrests soon followed and five of the assailants were ultimately charged with murder. Two turned states' evidence. The trials were not consolidated and only Herbert Brink's case went to trial. To the surprise of some, he was convicted by the jury. Due to prior trials for the killing of sheepmen being both unsuccessful and unpopular, Wyoming took the step of deploying National Guardsmen to Basin to provide security for the trial, which proved unnecessary. The conviction was the first one in the area for a cattleman v. sheepman murder( Tom Horn had earlier been convicted for the 1903 killing of Willie Nickell, but that killing took place in southern Wyoming.
The killings were, quite rankly, uniquely cold blooded and gruesome, involving shooting into the wagons and setting them on fire. Because of that, and the Brink conviction, the remaining four charged men plead guilty, rather than face trial. Two plead guilty to arson, and two to second degree murder.
All were sentenced together, and Brink was sentenced to death. His sentence was commuted, however, and he was released from prison, together with another one of the party, in 1914. Another, George Saban, who was deeply affected by his conviction, escaped while out of the penitentiary and under guard, after being allowed to stay over in Basin in order to allegedly conduct some of his affairs. His escape was successful and he disappeared from the face of the earth.
