The Cassidy/Hainer Trial

When Butch Cassidy (then known as George Cassidy) purchased three horses from a young stranger, he had no idea the trouble those horses would lead to. The seller was Joseph “Billy” Nutcher from Lander, Wyoming, and the horses turned out to be stolen property of the Grey Bull Cattle Company operating out of northern Wyoming.

A complaint was filed nearly a year later on July 11, 1892. The complaint charged George Cassidy and Albert Hainer with the theft of one horse valued at forty dollars.

John Chapman, a local rancher and no friend of horse rustlers, volunteered to bring Cassidy and Hainer in. Following a lead, Chapman traveled to Evanston, Wyoming where he enlisted the aid of Uinta County Sheriff Bob Calverly to assist him in the search. The two men were unsuccessful and soon gave up the pursuit.

The following spring, Chapman and Calverly resumed their pursuit. Following a lead, the two men soon found themselves in Auburn, Wyoming.

This time the hunters were able to capture their prey. Accompanied by local law enforcement, the two men captured Hainer while he was at work without incident. Following his capture they moved on to the cabin Hainer shared with Cassidy.

Unlike Hainer, Cassidy had no plans to give up without a fight. Cassidy resisted his abductors but soon fell when a stray bullet grazed his forehead. While not a lethal shot, it did stun Cassidy long enough for Chapman and Calverly to take him into custody. The two fugitives were then transported back to Lander.

Unable to make bail, Cassidy and Hainer sat in jail for several months. Eventually the two were able to secure bail and were released pending trial.

Prosecuting attorney James S. Vidal was set to represent the state before Judge Jesse Knight. Cassidy secured Douglas A. Preston to represent him, while Hainer chose local attorney C.F. Rathbone.

Shortly before the trial was set to start, Vidal lost his bid for reelection to Cassidy’s friend, Will Simpson. Due to the relationship between the two men, Simpson bowed out of the case. The role of prosecuting attorney instead went to M.C. Brown, a former judge. 

The trial was delayed several times before coming to session on June 12, 1893, nearly two years after the alleged theft. Ten days later on June 22, 1893, the jury came back with a verdict of not guilty for both men.

Unbeknownst to Cassidy and Hainer, a second complaint was filed against the two men on June 19, 1893. The second complaint charged the two men with the theft of a second horse involved in Cassidy’s initial purchase.

Attorney’s Preston and Rathbone tried to get the case thrown out on the basis of double jeopardy, but as the complaint was for a separate horse than the first, the men were denied. Cassidy and Hainer were arrested a second time and placed in jail. They were eventually released on bond and a trial date was tentatively set for the following November.

Their new trial went through its own series of delays, finally pushed back to June 1894.

For the second trial, Will Simpson elected to lead the prosecution against his friend. Preston and Rathbone returned to represent their clients as did Judge Knight.

The verdict for the second trial was handed down July 4, 1894. It read as follows:

“We the jury find the above named defendant George Cassidy guilty of horse stealing, as charged in the information, and we find the value of the property stolen to be $5.00. And we find the above named defendant Al Hainer not guilty. And the jury recommend the said Cassidy to the mercy of the court. Geo. S. Russell, Foreman.”

Al Hainer was a free man, leading many to believe he worked out a deal with the prosecution to double-cross his old friend. Judge Knight sentenced Cassidy to two years in prison to be served at the Wyoming State Penitentiary in Laramie. Douglas Preston requested a retrial but was turned down by the judge.

Legend has it that on the night before he was to be transported to Laramie, Cassidy was allowed to leave jail to say goodbye to friends bound by the promise he would be back in jail by morning. Cassidy spent the evening with the Simpson family before, true to his word, returning to his cell the following morning.

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