James Averell – Unjustly Hanged
The vast, unforgiving landscapes of the American West are etched with tales of ambition, conflict, and often, injustice. Among these stories, the saga of James Averell stands as a stark reminder of the power dynamics that shaped the late 19th-century frontier. Accused of cattle rustling, Averell, along with Ellen "Cattle Kate" Watson, was summarily hanged in 1889, an act widely believed to be orchestrated by powerful cattle barons. This event, a flashpoint in the escalating tensions between established cattle empires and independent homesteaders, played a significant role in igniting the infamous Johnson County War in Wyoming. The story of James Averell is a tragic one, a testament to the era’s brutal realities.
To understand the circumstances surrounding Averell’s demise, one must delve into his life and the tumultuous environment that defined his existence. James Averell was born on March 20, 1851, in Renfrew County, Ontario, Canada, the youngest of seven children born to John and Sarah Ann Averell. Tragedy struck early as his father passed away shortly after his birth. At the age of 20, seeking adventure and opportunity, Averell ventured south, enlisting in the United States military.
His military service initially took him to Fort Douglas, Utah, before he was transferred to Fort Fred Steele in Wyoming, a military outpost situated approximately 15 miles east of Rawlins. This location would prove pivotal in shaping his future. After serving for a time, he was discharged in 1876, only to re-enlist shortly thereafter, this time assigned to Fort McKinley, near Buffalo, Wyoming.
It was in Buffalo that Averell found himself embroiled in a deadly confrontation. He shot and killed a man named Charlie Johnson, a local character known for his belligerence and propensity for violence, particularly when under the influence of alcohol. Averell maintained that Johnson had repeatedly threatened him with a knife and that, on the night of the incident, he acted in self-defense. According to Averell’s account, he initially shot Johnson in the leg, but as the wounded man turned, he fired again, striking him in the back.
The aftermath saw Averell incarcerated in Rawlins while two grand juries were convened to investigate the circumstances of Johnson’s death. Despite the gravity of the situation, Averell was never convicted. Eventually, he was released, carrying with him the burden of the incident and the reputation that accompanied it. This event, while seemingly isolated, offers a glimpse into the often-violent nature of frontier justice and the challenges individuals faced in establishing themselves in the West. James Averell‘s life was already marked by hardship and confrontation before the events that ultimately led to his death.
Seeking a fresh start, Averell established a homestead on Cherry Creek, located at the northern base of Ferris Mountain. He married a young woman named Sophia Jaeger on February 23, 1882, hoping to build a life together. However, tragedy struck again when Sophia gave birth to a premature baby boy on August 23, 1882. The infant survived for only a short time. Shortly after, Sophia succumbed to "childbed fever," a common and often fatal complication of childbirth in that era. Overwhelmed by grief and haunted by the memories associated with the homestead, Averell made the difficult decision to sell the property and move on.
In 1886, Averell embarked on a new chapter, establishing another homestead near Independence Rock, a prominent landmark on the Oregon Trail. This time, he focused on building a more sustainable livelihood. He began raising livestock and established a store and saloon on his land, catering to the needs of the local community. His entrepreneurial spirit and growing prominence led to his appointment as the town’s local postmaster. Furthermore, the approximately 80 residents of Sweetwater elected him Justice of the Peace, a position that granted him significant authority within the small community. This political role, however, would ultimately prove to be his undoing, placing him on a collision course with powerful and ruthless forces. The growing success of James Averell brought him into direct conflict with the established power structures of the region.
Averell’s ascent to a position of authority placed him at odds with the established cattle barons, particularly Albert J. Bothwell, a wealthy and influential figure who controlled vast tracts of land and wielded considerable political power. Believing that his position as Justice of the Peace empowered him to challenge the cattle barons’ dominance, Averell began to voice his concerns about their encroachment on homestead lands. He also vehemently opposed the Maverick Law, passed in 1884, which stipulated that unbranded calves found on the open range became the exclusive property of the Wyoming Stock Growers Association, an organization dominated by the large cattle ranchers. This law effectively allowed the cattle barons to claim ownership of stray calves, often at the expense of smaller ranchers and homesteaders.
Averell’s outspoken criticism and defiance of the established order made him a target. He found an ally and companion in Ellen "Kate" Watson, a neighboring homesteader who assisted him in his saloon. Their friendship blossomed into a deeper connection, and they planned to marry once Watson had proven her homestead claim. Watson, like Averell, had become embroiled in the growing resentment against the powerful cattle barons. The situation reached a boiling point when the 1888 Legislature, under pressure from small cattle and landowners, repealed the Maverick Law, dealing a blow to the cattle barons’ authority. The challenges that James Averell posed to the cattle barons were growing more frequent.
Emboldened by the repeal of the Maverick Law, Averell began to round up range strays and brand them as his own, a practice that further infuriated the cattle barons. He also began to write a series of letters to local newspapers, publicly venting his frustrations and accusations against the cattle barons, whom he accused of theft and violence. His criticism intensified after the cattle barons accused Watson of running a "Hog Ranch," a derogatory term implying prostitution.
In April 1889, Averell penned a scathing letter to the Cheyenne Weekly Mail, explicitly criticizing Bothwell and the Wyoming Stock Growers Association. This act of defiance proved to be the tipping point. Bothwell retaliated by accusing Averell and Watson of stealing his cattle. He branded Watson with the moniker "Cattle Kate" and further accused her of being a prostitute who accepted stolen cattle as payment.
The dispute escalated over the following months, fueled by rumors, accusations, and simmering tensions. Bothwell, leveraging his influence and connections, convinced other area ranchers of Averell and Watson’s guilt. On July 20, 1889, Bothwell and five other men abducted Averell and Watson and hanged them at a small canyon near the Sweetwater River. The murders sent shockwaves through the community and ignited a firestorm of controversy.
Although the men involved in the lynching were charged with murder, the legal proceedings were deeply flawed. Key witnesses mysteriously died or disappeared, and the trial was heavily influenced by the power and resources of the cattle barons. Ultimately, all of the accused were acquitted. Both Averell and Watson were subjected to a smear campaign in the press, which was largely owned or influenced by the cattle barons, further solidifying their image as outlaws in the public eye. In a final act of calculated cruelty, Bothwell later acquired both of the murdered victims’ homesteads, consolidating his control over the land and resources.
Subsequent investigations into the Averell-Watson affair have revealed that neither was likely guilty of cattle rustling or any other crime. They were victims of a system that favored the wealthy and powerful, a system that was willing to resort to violence and intimidation to protect its interests. The tragic fate of James Averell serves as a stark reminder of the injustices that plagued the American West.
The murders of James Averell and Ellen "Cattle Kate" Watson were just one of the many events that ultimately triggered the Johnson County War in Wyoming in 1892. The conflict arose from the growing resentment of smaller ranchers and homesteaders against the powerful Wyoming Stock Growers Association. A group of ranchers in Johnson County formed the Northern Wyoming Farmers and Stock Growers Association in direct opposition to the established cattle barons, setting the stage for a bloody and protracted conflict that further stained the history of the American West. The legacy of James Averell and Cattle Kate continues to resonate, a symbol of the struggle for justice and equality in a land often defined by violence and oppression.