Eyes rolled as the jury announced that, in spite of the previous four hours of testimony, arguments and a myriad of colorful witness, they were unable to reach a verdict.
Such was the culmination Wednesday evening of the Spence Historic Trial, wherein law students and notable members of the Wyoming political community acted as the key players in the construction and enactment of a historical trial that never was: the prosecution of those responsible for the shooting of Nate Champion and Nick Ray during the Johnson County Cattle War.
Beginning the event, Law Professor and Trial Director Steve Easton invited audiences to travel back in time with him to the late-1800s, with the stipulation that modern courtroom techniques and technology would be brought back with them.
Professor of History Phil Roberts then provided a 35 second overview of the historical context of the Johnson County Cattle War. He noted that the war was the result of growing conflict between big cattle barons and small ranchers in Wyoming. The case presented that evening would deal with the shooting of two men Champion and Ray by a posse of mercenaries hired by the Wyoming Stock Growers Association.
After Roberts’ short summary, Second District Court Judge of Carbon County Wade Waldrip began the proceedings. The theoretical case presented was “State of Wyoming v. Barber”, in which the state would bring charges of aiding and abetting murder to Governor Amos Barber, who was suspected of orchestrating the murders.
The prosecution, played by Wyoming Supreme Court Justice Kate M. Fox and Law Student Clayton Gregersen, framed the events of the war as being the result of Barber’s association with big cattle. They cited the Cheyenne Social Club, a meeting place for the political and wealthy during the time, Barber’s sending of a trusted friend with the posse and his refusal to allow local sheriffs to call the cavalry as indicative of Barber’s complicity with the massacre.
In response, the defense, led by former Governor Mike Sullivan and Law Student Laurie Rogers, painted an alternative picture, with the whole trial being the result of political manipulation by the democrats of the time, coerced testimony and attempts to destroy the personal image of Barber, whom they characterized as a man of peace.
The prosecution and defense brought out a varied cornucopia of witnesses, all dressed in historic garbs, complete with unique personalities. Interactions between the witnesses and the legal teams often led to humorous confrontations that were guided back to the realm of the law by the dry humor of the judge.
Based on audience reaction, the most interesting testimony came from State Treasurer Mark Gordon, playing the urbanite Senator Joseph M. Carey, and former Senator Alan Simpson, who played Governor Barber. Playing Carey, Gordon approached the witness stand stiff legged, and the comic levels of disbelief displayed in reaction to the questions presented by the counsel and his unnecessary explication of circumstance elicited titters from the crowd.
“That’s preposterous,” said Gordon, when questioned as to whether he knew the posse was riding to murder the men, “Those people were trying to protect lives, and property, and furniture and other effects.”
Simpson’s testimony was characterized by both his offense at, and his oftentimes analytical and dryly humorous attacks toward the accusations brought against him.
“I don’t know how you can aid and abet a murder if you don’t know a damn thing about it,” Simpson said. “I wasn’t going to send the whole damn militia because two people got shot and a cabin was burned.”
After testimony ended and the jury went away to deliberate, Easton and Roberts detailed the necessary areas in which they had to fudge the history in order to make the trial happen. Following their presentation, the jury came out of deliberation, and announced that they had not been able to reach a verdict. Sighs filled the room.
Waldrip, in his role as judge, announced he would not require the jury to go back to deliberation in order to reach a verdict, so as to put an end to what had become a nearly four and a half hour trial. Despite the considerable length of the event, students were pleased;
“They did a great job with what they had,” said Hayden Kuhlman, a UW sophomore studying business. “I thought it was cool to see what a trial like that would have looked like.”
