Elzy Lay
Encyclopedia
William Ellsworth "Elzy" Lay (November 25, 1868 – November 10, 1934) was an outlaw
of the Old West best known as being a member of Butch Cassidy's Wild Bunch
, gang, operating out of the Hole-in-the-Wall
Pass in Johnson County, Wyoming. Lay was Cassidy's best friend and assisted Cassidy in leading the Wild Bunch gang.
, the son of James Lander Lay and Mary Jane Bellew. He had a brother Encil Lay and a sister Maggie Lay Spriggs. Shortly after his birth, the family moved to northeastern Colorado
. At the age of 18, Lay left home looking for adventure with his childhood friend William McGinnis. McGinnis soon returned home, claiming he was homesick. Later, Lay would use the name "McGinnis" as an alias when working as a ranch hand.
. The two became close friends, and Lay began dating Josie Bassett
, the daughter of a rancher that often sold beef and horses to the outlaws, while Cassidy began dating her sister, 15 year old future female western outlaw Ann Bassett
. He worked briefly on the ranch
of cattleman Matt Warner, and it was Warner who gave Lay his first tip for a robbery
. From Warner, Lay learned that a shopkeeper nearby had a large sum of cash. Warner, his nephew Lew McCarty, and Lay robbed the man and split the money.
Lay then opened up a gambling
house in Vernal, Utah
. For a time, it was profitable, until it was shut down by Uintah County
Sheriff
John T. Pope. Following his business being closed, Lay moved back to Matt Warner's ranch, where he renewed his relationship with Josie Bassett. He remained there until Butch Cassidy was released from an eighteen month prison
sentence he had been serving. During that time, Lay became involved with another girl, Maude Davis, whose brother Albert Davis was a smalltime outlaw. Outlaw Ben Kilpatrick
began dating Cassidy's girlfriend Ann Bassett during that time. Cassidy and Lay, after Cassidy's prison release, obtained their own cabin
on the Green River
. Ann Bassett ended her relationship with Kilpatrick, and returned to her involvement with Cassidy.
In August, 1896, Matt Warner killed two prospector
s named Dick Staunton and Dave Milton, during a shootout near Vernal. Warner had been employed by E.B. Coleman to intimidate Staunton and Milton away from a mining
claim. The intimidation turned into a gun battle. Warner, Coleman, and hired gunman Bill Wall were arrested, and eventually transported to Ogden, Utah
, where they were held in jail
. In a plea for help to Butch Cassidy, Warner said he needed a lawyer
. Cassidy and Lay then robbed a bank in Montpelier, Idaho
, using the funds to secure an attorney for Warner. Warner and Wall were convicted of manslaughter
, and received a five year sentence, while Coleman was found not guilty.
", in Utah. Girlfriends Maude Davis and Ann Bassett joined them there, Lay having ended his relationship with Ann's sister, Josie, who by that time was involved in a relationship with Lay's outlaw friend Will "News" Carver
. In April, 1897, the two women were sent home, while Cassidy and Lay began planning the robbery of a payroll shipment in Castle Gate, Utah
. In a recent September 26, 2006 History Channel documentary on the Old West, this robbery is described as Cassidy's boldest. On April 21, 1897, the payroll arrived, and Cassidy and his gang members simply walked out in broad daylight and took it at gunpoint. In the robbery they took $7,000. A gang member named Joe Walker is alleged to have disabled the telegraph lines to prevent word of the robbery being put out to nearby law enforcement.
By this time, Maude and Elzy had married and Maude was pregnant with Lay's child. After the birth of their daughter, Marvel, Maude insisted he leave the outlaw life and settle down. He refused. Cassidy and Lay traveled to New Mexico
, and by this time were calling their gang the "Wild Bunch". There, they worked for a short time on the "WS Ranch", before heading north to Wyoming
. They committed their most famous robbery on June 2, 1899, by robbing a Union Pacific train near Wilcox, Wyoming. Following the robbery, they fled to the Hole-in-the-Wall, successfully evading posses that were in pursuit. Kid Curry, who was by this time a member of the gang, killed Converse County Sheriff Josiah Hazen during that pursuit. The gang split up in different directions for a time, which was a common action following any of their robberies.
. The robbery was successful, but a well led posse under the direction of Huerfano County (Colorado)
Sheriff Ed Farr soon cornered them near an area known as Turkey Creek. In the first gun battle that followed, Doña Ana County
Deputy Kent Kearney was shot, dying the next day. Another deputy was wounded and outlaw Sam Ketchum was badly wounded.
The gang escaped this immediate threat, but Ketchum's bad wounds held them up, and again they were cornered in the same area on July 16, 1899. They engaged Sheriff Farr and Colfax County
Deputy Henry Love in a gun battle, resulting in Sheriff Farr being killed and Love dying a few days later from his wounds. Lay was also wounded, but escaped (as did Curry and Carver). Ketchum however, was captured and died in custody from his wounds.
and captured. He was subsequently charged and convicted of the killings and the robbery. He received a life sentence which he served in the New Mexico State Penitentiary. Maude divorced Elzy.
Lay spent seven years in prison, where he became a trustee to the warden. In this role, he once accompanied the warden to Sante Fe. Upon their return, they found that the inmates had taken the warden's wife and daughter hostage inside the prison. Lay was able to convince the prisoners to release the women, and for this act he was pardon
ed by Governor Miguel Antonio Otero
on January 10, 1906.
, a small ranch town just north of the Colorado border. There he worked as an oil explorer and saloon owner without much success. There he met and married Mary Calvert. He and Mary then moved to Southern California where he supervised the building of the Colorado River Aqueduct
system in Riverside and Imperial Valley just north of the border with Mexico. He and Mary raised two children, a son and a daughter.
Other than an alleged visit to the Bassett sisters, Lay had no other known contact with members of the Wild Bunch after his release. By that time Cassidy and the Sundance Kid had gone to South America
, where they were alleged to have been killed while committing a robbery in Bolivia
. During Lay's imprisonment, Kid Curry was killed during a shootout with lawmen in Colorado. Ben Kilpatrick and Laura Bullion
were captured in Knoxville, Tennessee
, and George "Flat Nosed" Curry
was killed by lawmen in Utah. Several other members of other gangs that formerly were a part of the Hole in the Wall Gang
were also by that time either dead or in prison.
Lay died on November 10, 1934 in Los Angeles
. He is buried at Forest Lawn in Glendale, California, south of Los Angeles.
Outlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...
of the Old West best known as being a member of Butch Cassidy's Wild Bunch
Butch Cassidy's Wild Bunch
Butch Cassidy's Wild Bunch was one of the loosely organized outlaw gangs operating out of the Hole-in-the-Wall in Wyoming during the Old West era in the United States. It was popularized by the 1969 movie, Butch Cassidy and the Sundance Kid, and took its name from the original Wild Bunch...
, gang, operating out of the Hole-in-the-Wall
Hole-in-the-Wall
Hole-in-the-Wall is a remote hideout located in the Big Horn Mountains of Johnson County in northern Wyoming. The site was used in the late 19th century by the Hole in the Wall Gang, a group of cattle rustlers and other outlaws which included Kid Curry, Black Jack Ketchum, and Butch Cassidy's Wild...
Pass in Johnson County, Wyoming. Lay was Cassidy's best friend and assisted Cassidy in leading the Wild Bunch gang.
Early life
Lay was born in Mount Pleasant, OhioMount Pleasant, Ohio
Mount Pleasant is a village in Jefferson County, Ohio, in the United States. As of the 2000 census, the village population was 535. It is part of the Weirton–Steubenville, WV-OH Metropolitan Statistical Area.-History:...
, the son of James Lander Lay and Mary Jane Bellew. He had a brother Encil Lay and a sister Maggie Lay Spriggs. Shortly after his birth, the family moved to northeastern Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. At the age of 18, Lay left home looking for adventure with his childhood friend William McGinnis. McGinnis soon returned home, claiming he was homesick. Later, Lay would use the name "McGinnis" as an alias when working as a ranch hand.
Outlaw life
In the fall of 1889, Lay met outlaw Butch Cassidy while in UtahUtah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
. The two became close friends, and Lay began dating Josie Bassett
Josie Bassett
Josie Bassett was a female rancher. She and her sister "Queen" Ann Bassett are known for their love affairs and associations with well-known outlaws, particularly Butch Cassidy's Wild Bunch.-Early life:...
, the daughter of a rancher that often sold beef and horses to the outlaws, while Cassidy began dating her sister, 15 year old future female western outlaw Ann Bassett
Ann Bassett
Ann Bassett , also known as Queen Ann Bassett, was a prominent female rancher of the Old West, and with her sister Josie Bassett, was an associate of outlaws, particularly Butch Cassidy's Wild Bunch.-Early life:...
. He worked briefly on the ranch
Ranch
A ranch is an area of landscape, including various structures, given primarily to the practice of ranching, the practice of raising grazing livestock such as cattle or sheep for meat or wool. The word most often applies to livestock-raising operations in the western United States and Canada, though...
of cattleman Matt Warner, and it was Warner who gave Lay his first tip for a robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. From Warner, Lay learned that a shopkeeper nearby had a large sum of cash. Warner, his nephew Lew McCarty, and Lay robbed the man and split the money.
Lay then opened up a gambling
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
house in Vernal, Utah
Vernal, Utah
Vernal, Uintah County's largest city, is located in eastern Utah near the Colorado State Line, and 175 miles east of Salt Lake City. It is bordered on the north by the Uinta Mountains, one of the few mountains ranges in the world which lie in an east-west rather than the usual north to south...
. For a time, it was profitable, until it was shut down by Uintah County
Uintah County, Utah
This page deals with the Utah County. For the Wyoming County, see Uinta County, Wyoming.Uintah County is a county located in the U.S. state of Utah. As of 2000 the population was 25,224 and by 2009 was estimated at 31,536. It was named for the Ute Indians, the tribe that lives in the basin. Its...
Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
John T. Pope. Following his business being closed, Lay moved back to Matt Warner's ranch, where he renewed his relationship with Josie Bassett. He remained there until Butch Cassidy was released from an eighteen month prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
sentence he had been serving. During that time, Lay became involved with another girl, Maude Davis, whose brother Albert Davis was a smalltime outlaw. Outlaw Ben Kilpatrick
Ben Kilpatrick
Ben Kilpatrick was an American outlaw during the closing days of the American Old West. He was a member of the Wild Bunch gang led by Butch Cassidy and Elzy Lay. He was arrested for robbery and served about 10 years of his 15 year sentence...
began dating Cassidy's girlfriend Ann Bassett during that time. Cassidy and Lay, after Cassidy's prison release, obtained their own cabin
Log cabin
A log cabin is a house built from logs. It is a fairly simple type of log house. A distinction should be drawn between the traditional meanings of "log cabin" and "log house." Historically most "Log cabins" were a simple one- or 1½-story structures, somewhat impermanent, and less finished or less...
on the Green River
Green River (Utah)
The Green River, located in the western United States, is the chief tributary of the Colorado River. The watershed of the river, known as the Green River Basin, covers parts of Wyoming, Utah, and Colorado. The Green River is long, beginning in the Wind River Mountains of Wyoming and flowing...
. Ann Bassett ended her relationship with Kilpatrick, and returned to her involvement with Cassidy.
In August, 1896, Matt Warner killed two prospector
Prospecting
Prospecting is the physical search for minerals, fossils, precious metals or mineral specimens, and is also known as fossicking.Prospecting is a small-scale form of mineral exploration which is an organised, large scale effort undertaken by mineral resource companies to find commercially viable ore...
s named Dick Staunton and Dave Milton, during a shootout near Vernal. Warner had been employed by E.B. Coleman to intimidate Staunton and Milton away from a mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
claim. The intimidation turned into a gun battle. Warner, Coleman, and hired gunman Bill Wall were arrested, and eventually transported to Ogden, Utah
Ogden, Utah
Ogden is a city in Weber County, Utah, United States. Ogden serves as the county seat of Weber County. The population was 82,825 according to the 2010 Census. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a...
, where they were held in jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
. In a plea for help to Butch Cassidy, Warner said he needed a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. Cassidy and Lay then robbed a bank in Montpelier, Idaho
Montpelier, Idaho
Montpelier is a city in Bear Lake County, Idaho, United States. The population was 2,785 at the 2000 census. The city is the largest community in the Bear Lake Valley, a farming region north of Bear Lake in southeastern Idaho along the Utah border...
, using the funds to secure an attorney for Warner. Warner and Wall were convicted of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, and received a five year sentence, while Coleman was found not guilty.
The Wild Bunch gang
Cassidy and Lay began hiding out at what was called "Robbers RoostRobbers Roost
The Robbers Roost was an outlaw hideout in southeastern Utah used mostly by Butch Cassidy and his Wild Bunch gang in the closing years of the Old West....
", in Utah. Girlfriends Maude Davis and Ann Bassett joined them there, Lay having ended his relationship with Ann's sister, Josie, who by that time was involved in a relationship with Lay's outlaw friend Will "News" Carver
William Carver (Wild Bunch)
William "News" Carver was an American outlaw and a member of Butch Cassidy's Wild Bunch during the closing years of the American Old West. His nickname "News" was given to him because he enjoyed seeing his name in newspaper stories of his gang's exploits...
. In April, 1897, the two women were sent home, while Cassidy and Lay began planning the robbery of a payroll shipment in Castle Gate, Utah
Castle Gate, Utah
Castle Gate is a ghost town located in Carbon County in eastern Utah, USA. Castle Gate was a mining town approximately southeast of Salt Lake City, Utah. The name of the town was derived from a rock formation near the mouth of Price Canyon...
. In a recent September 26, 2006 History Channel documentary on the Old West, this robbery is described as Cassidy's boldest. On April 21, 1897, the payroll arrived, and Cassidy and his gang members simply walked out in broad daylight and took it at gunpoint. In the robbery they took $7,000. A gang member named Joe Walker is alleged to have disabled the telegraph lines to prevent word of the robbery being put out to nearby law enforcement.
By this time, Maude and Elzy had married and Maude was pregnant with Lay's child. After the birth of their daughter, Marvel, Maude insisted he leave the outlaw life and settle down. He refused. Cassidy and Lay traveled to New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, and by this time were calling their gang the "Wild Bunch". There, they worked for a short time on the "WS Ranch", before heading north to Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
. They committed their most famous robbery on June 2, 1899, by robbing a Union Pacific train near Wilcox, Wyoming. Following the robbery, they fled to the Hole-in-the-Wall, successfully evading posses that were in pursuit. Kid Curry, who was by this time a member of the gang, killed Converse County Sheriff Josiah Hazen during that pursuit. The gang split up in different directions for a time, which was a common action following any of their robberies.
Killing of Sheriff Farr, Deputy Kearny and Deputy Love
Cassidy, Lay, Kid Curry, and other gang members Sam Ketchum and Bill Carver headed to New Mexico. On July 11, 1899, without Cassidy, Lay led Curry, Ketchum and Carver in the robbery of a train near Folsom, New MexicoFolsom, New Mexico
Folsom is a village in Union County, New Mexico, United States. The population was 75 at the 2000 census. The town was named after Frances Folsom, the fiancee of President Grover Cleveland.-Geography:Folsom is located at ....
. The robbery was successful, but a well led posse under the direction of Huerfano County (Colorado)
Huerfano County, Colorado
Huerfano County is one of the 64 counties of the State of Colorado of the United States. The county was named for the Huerfano Butte, a local landmark. The county population was 7,862 at U.S. Census 2000...
Sheriff Ed Farr soon cornered them near an area known as Turkey Creek. In the first gun battle that followed, Doña Ana County
Doña Ana County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*74.1% White*1.7% Black*1.5% Native American*1.1% Asian*0.1% Native Hawaiian or Pacific Islander*3.0% Two or more races*18.5% Other races*65.7% Hispanic or Latino -2000:...
Deputy Kent Kearney was shot, dying the next day. Another deputy was wounded and outlaw Sam Ketchum was badly wounded.
The gang escaped this immediate threat, but Ketchum's bad wounds held them up, and again they were cornered in the same area on July 16, 1899. They engaged Sheriff Farr and Colfax County
Colfax County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*83.8% White*0.5% Black*1.5% Native American*0.4% Asian*0.1% Native Hawaiian or Pacific Islander*3.6% Two or more races*10.1% Other races*47.2% Hispanic or Latino -2000:...
Deputy Henry Love in a gun battle, resulting in Sheriff Farr being killed and Love dying a few days later from his wounds. Lay was also wounded, but escaped (as did Curry and Carver). Ketchum however, was captured and died in custody from his wounds.
Captured, Convicted and Pardoned
On August 16, 1899, while gathering supplies, Lay was cornered in Carlsbad, New MexicoCarlsbad, New Mexico
Carlsbad is a city in and the county seat of Eddy County, New Mexico, in the United States. As of the 2010 census, the city population was 26,138. Carlsbad is the center of the designated micropolitan area of Carlsbad-Artesia, which has a total population of 55,435...
and captured. He was subsequently charged and convicted of the killings and the robbery. He received a life sentence which he served in the New Mexico State Penitentiary. Maude divorced Elzy.
Lay spent seven years in prison, where he became a trustee to the warden. In this role, he once accompanied the warden to Sante Fe. Upon their return, they found that the inmates had taken the warden's wife and daughter hostage inside the prison. Lay was able to convince the prisoners to release the women, and for this act he was pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ed by Governor Miguel Antonio Otero
Miguel Antonio Otero (II)
Miguel Antonio Otero , nicknamed "Gillie," was governor of New Mexico Territory from 1897 to 1906 and in later life the author of several books on Western lore...
on January 10, 1906.
Retirement from crime
Upon his release he found his way to Baggs, WyomingBaggs, Wyoming
Baggs is a town in Carbon County, Wyoming, United States. The population was 348 at the 2000 census.-Geography:Baggs is located at ....
, a small ranch town just north of the Colorado border. There he worked as an oil explorer and saloon owner without much success. There he met and married Mary Calvert. He and Mary then moved to Southern California where he supervised the building of the Colorado River Aqueduct
Colorado River Aqueduct
The Colorado River Aqueduct, or CRA, is a water conveyance in Southern California in the United States, operated by the Metropolitan Water District of Southern California . The aqueduct impounds water from the Colorado River at Lake Havasu on the California-Arizona border west across the Mojave...
system in Riverside and Imperial Valley just north of the border with Mexico. He and Mary raised two children, a son and a daughter.
The end of the Wild Bunch
When Lay was captured, Cassidy, Kid Curry, and Bill Carver all left New Mexico. The loss of Lay deeply affected Cassidy, who for a time made attempts at getting amnesty from the Governor of Utah. Several killings committed by Kid Curry and other robberies committed by the gang made this impossible.Other than an alleged visit to the Bassett sisters, Lay had no other known contact with members of the Wild Bunch after his release. By that time Cassidy and the Sundance Kid had gone to South America
South America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
, where they were alleged to have been killed while committing a robbery in Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
. During Lay's imprisonment, Kid Curry was killed during a shootout with lawmen in Colorado. Ben Kilpatrick and Laura Bullion
Laura Bullion
Laura Bullion was a female outlaw of the Old West. Most sources indicate that Bullion was born of German and Native American heritage in Knickerbocker, near Mertzon in Irion County, Texas; the exact day of her birth is unclear...
were captured in Knoxville, Tennessee
Knoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
, and George "Flat Nosed" Curry
George Curry (Wild Bunch)
George Sutherland Curry , also known as Flat-nose Curry, was an American robber of the American Old West. Curry was a mentor to Harvey Logan, who would adopt the surname Curry, and the two robbed banks together before both became members of Butch Cassidy's Wild Bunch...
was killed by lawmen in Utah. Several other members of other gangs that formerly were a part of the Hole in the Wall Gang
Hole in the Wall Gang
The Hole-in-the-Wall Gang was a gang in the American Wild West, which took its name from the Hole-in-the-Wall Pass in Johnson County, Wyoming, where several outlaw gangs had their hideouts. The Gang was not simply one large organized gang of outlaws, but rather was made up of several separate...
were also by that time either dead or in prison.
Lay died on November 10, 1934 in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
. He is buried at Forest Lawn in Glendale, California, south of Los Angeles.
External links
- William Ellsworth Lay at www.butchandsundance.com