Ben Hanson, The Killing of Tom Bird
He was the founder of Thermopolis, well-respected businessman and cattleman, a dashing bachelor, expert horseman and a murderer.
This cattleman and businessman was a true pioneer of Hot Springs County, Wyoming.
The Pioneers of Outlaw Country.
Cowboys, Lawmen and Outlaws… to the businessmen and women who all helped shape Thermopolis and Hot Springs County, Wyoming.
Here are their stories.
Ben Hanson, The Murder of Tom Bird
A rumor of an unfaithful wife and friend, three gunshots, in rapid succession, a man on the run…. This is the story of Ben Hanson and Tom Bird.
Ben Hanson, a young cattleman and expert horseman, homesteaded land bordering on the Wind River Indian Reservation in the early 1890’s. He had spent years in the saddle as a cowboy for other men and was now ready to make his own fortune.
He knew this land well. It was untamed and lawless – and full of promise. Both cowboys from the Embar Ranch and outlaws from the Hole-in-the-Wall country, flush with spending money, were roaming the area. They were visiting the hog ranch at Andersonville and the campground at Rocky Row, which was then an illegal settlement on the hot springs belonging to the Shoshoni and Arapaho Indians.
Ben saw an opportunity and divided his homestead into a town plot at the mouth of Owl creek. Soon, he had sold lots to the pharmacist and general store owner, Ed Enderly as well as to saloon operators and other business men. Another town, dubbed Hot Springs, had sprung up on the other side of the Big Horn River but Ben had plenty of interest in his little unnamed town.
At the time, the post office was at the Ed Cusack ranch about two miles up Owl Creek, and was called Torrey in honor of Colonel Jay Torrey, owner of the Embar Ranch.
When Cusack resigned as postmaster, the landowners on Hanson’s land circulated a petition to have the post office moved to the town site at the mouth of Owl creek with Ed Enderly appointed as postmaster.
W. T. Slane, one of the pioneers on Hanson’s land, recalls, “We received notice from the post office department that this had been granted. Then it was up to us to decide on a name for the new town.”
Ben Hanson, owner of the townsite, and Dr. Julius A. Schuelke called a meeting of the citizens to decide on a name. One of the first suggestions was to name the townsite Hansonville, in Ben’s honor.
However, Dr. Schuelke said that he already had a name picked out. It was Thermopolis.
Lee Walter, one of the men present, later said, “Out of his Latin or Greek – or something- Schuelke had evolved the name – “Thermo” meaning hot and “polis” for city.”
Walter added, “I think Enderly and Hanson had already excepted it and the meeting was more to announce it and not hear demurrers.”
Slane defended his vote for the strange new name by saying, “Joe Magill seconded this suggestion and as he and the doctor were suppose to have classical educations so the rest of us fell for it – and the deed was done, and Enderly filled out his blanks with the name and sent them to Washington.”
“I hope future generations of the basin will not hold this against me as I really had nothing to do with choosing the name, had never heard it, until Dr. Schuelke sprung it on us. Now for the names of the other culprits, they were the taxidermist Ed Cameron, the freighter Warren Bickford, Doctor Schuelke, townsite owner Ben Hanson, the new postmaster Ed Enderly, school teacher Joe Magill, Ed O’Reilly, Lee Walter and myself.”
With the town of Thermopolis thus established, Hanson continued to build on his town lots and grow his wealth. He ran the local livery barn, owned some of the best buildings in Thermopolis and became a very prominent and well-known citizen of the town he had founded.
In June 1895, The Fremont Clipper reported that “Ben Hanson, of Thermopolis, who is here attending the district court, says that there are sixty or more persons at the springs, and that they are coming and going all the time. It is expected that nearly 5,000 people will visit at the bathing resort this season.”
Dances were the chief amusement and Thermopolis had its share. These were old western affairs where families would travelall day to get to the dance and then would stay from several days to a week with the dancing continuing every night.
One Thanksgiving dance, believed to be held in Thermopolis, was noted for its women. There were fourteen, counting the children. These were all the women to be had in the whole country from Lost Cabin to Manderson, up Owl Creek as far as Blonde’s ranch. There were between thirty and thirty-five men all lined up for their chance to dance around the room.
The music was a fiddle and a guitar, played by anyone who thought he could play. Boots and spurs jingled over the floor as some cowboy bowed before a lady in her full skirts or whirled her around at “Grand right and left” or “Swing ‘em on the corners.”
An unnamed author penned an ode to this dance that was printed in December of 1894.
Jolly Jim
To a dance he took her on Thanksgiving day
With Ben Hanson’s team and Ed Cusack’s shay.
And Jim’s heart was full, with love he was blind.
He never thought of his friend that rode on behind.
Jim’s friend must have enjoyed his ride
Behind a fiddler and his intended bride.
With the girl and the team Jim had his hands full, you know
So he took his friend along to handle the bow.
To Jim a pleasure it may seem
To drive the life out of Hanson’s team.
But Ben says he greatly fears
He’ll have to break him a yoke of steers
When Jim gets married, he will give a free dance,
And cut a great swell in Enderly’s pants.
With Enderly’s pants and Huntington’s Hat,
And the borrowing act, he’ll have it down pat.”
Business was booming and attracted the attention of businessmen in Glenrock, over 200 miles away by stage. Tom Bird, J. E. Higgins, and Mart McGrath came to Thermopolis looking for business opportunities. They liked the prospects and took over Ed Enderly’s little store.
Thomas Morrow, under his alias of Tom Bird, was a well-known businessman and former deputy from Converse County. He had moved his wife and two children with him to this wild town. His business partner, Martin McGrath, also moved his wife and toddler sons to Thermopolis where they employed local cowboys – and outlaws - as help on their rugged homestead. Women and children were still a rare sight but starting to become a little more commonplace.
Ed Enderly, himself a husband and father, continued to run the post office. With his wife and two small boys, he built a new sturdy log store on another town lot in Thermopolis. His new general store was all the name implied. Shelves were crammed with merchandise ranging from bolted yard-goods, to whiskey, to hardware, and drugs.
The Enderly home was situated at the west end of dusty main street, at the corner where the road turned south. After thirsty cowboys, had over-imbibed in the bar, they often “hurrahed” the little community. The stout log sides of the home stopped many stray bullets, shot at random as the cowpunchers rode along Main Street firing their pistols. His two boys frequently dug out the spent slugs for fishing line sinkers.
Doctors were scarce in those early pioneer days of the Big Horn basin. Druggists were often called upon to prescribe and administer for human ills and ailments. Through necessity, the pharmacist substituted his knowledge of medicines and anatomy in lieu of a professional medical man… Hence Ed Enderly was “doctor” as well as merchant to the sixty residents of Thermopolis.
Ben Hanson also continued to build his town up and rumors of a love interest started to whirl around the handsome bachelor.
This little town attracted the attention of a journalist from Lander’s Wind River Mountaineer. After detailing the arduous journey by stage to reach this wild frontier, the reporter described what he found in the fall of 1895.
“On Wednesday, October 23rd, a visit to the lively little town of Thermopolis was made. Thermopolis is located five miles north of the springs at the junction of Owl Creek and the Big Horn River and is adjoining the reservation line.
The little city presented a lively appearance and recalled to mind an article of Editor Payton’s which recently appeared in the big Horn River Pilot, to the effect that the Big Horn basin could whip or stand off any nation on earth.
Scores of men, with six-shooters strapped to their side and not a few carrying Winchesters, were seen hurrying in and out or leaning against some convenient building or hitching rack; some wore sleepy expression, others were drowning their cares and sorrows in the bowl, while all had a set look of determination stamped upon the face and each was watching the other slyly out of the corner of his eye.
Judge Joe Magil, with his knee leggings and 45 Colt’s and full cartridge belt, had the air of a commanding general. It indeed produced a real live frontier town picture similar to ones which from time to time appear in the Police Gazette, and to all appearances, Payton’s army had assembled.
Judge Magil came to the rescue and volunteered the information regarding this unseemingly scene of excitement and unusual activity. Al Hainer and Jake Snyder had been arrested the night previous, charged with selling to Judge Sliney some calves, not their own property, and were to be taken to Embar that day to have a preliminary hearing before Judge Magil, and these armed men were guards, deputies, witnesses, and friends of the prisoners who were to accompany them to the scene of the trail.
Thermopolis is a lively little town, the various lines of business incident to a frontier town being fairly well represented. Higgins, Bird & McGrath carry a large stock of general merchandise, are thorough business men, kind and courteous to their customers and are doing a good business.
E. C. Enderly, the druggist, carries a stock of good that would do credit to a more pretentious place. Mr. Enderly is also postmaster, the post office occupying one corner of the commodious drug store building.
George Imes carries on a meat market business, has a neat, clean shop and a supply of fresh meats at all time.
A. Anderson, formerly of Lander, is engaged in the restaurant and bakery business, runs a wagon to the springs during the summer months, sets a good table and is making money.
Mrs. H. J. Purcell is proprietor of the Thermopolis hotel and is doing a good business. In connection with the mention of restaurants and hotels. It might not be out of place to suggest that a good lodging house would be a paying investment at Thermopolis, as the sleeping accommodations are of the poorest order.
J. P. Nelson, the blacksmith, is a first-class workman and is the busiest man in town.
The saloon of Cunnington & Shafer, “our Jack,” at one time a typo in this office, is a popular resort, and the boys are doing nicely.
Material is on the ground for several new buildings which will be rushed to completion in the early spring.”
The reporter concluded his tour of Thermopolis with the town founder; “The genial Ben Hanson, owner of the town site, is putting the finishing touches to a handsome residence and dame rumor has it that Ben will soon take unto himself a better half.”
However, if rumors are believed, the dame that Ben was courting already had a husband.
A month after the reporter’s tour of the fledging town of sixty, Ben Hanson celebrated the Christmas season with a dance in his newly constructed hall. Aden Johnson and Irish Tom Walsh had hauled logs for a new house for Ben and he was hosting a housewarming party.
Tom Bird and Ed Enderly had been drinking in Andersonville at another dance and had returned to Thermopolis just as Hanson’s party was winding down. They went to Ed’s store and had a light lunch and then proceeded to the hall where the dance was in progress.
According to E. T. Payton, the local newspaper editor of the Big Horn Pilot, trouble had been brewing for some time between Ben Hanson and Tom Bird.
“For a year or more there had been reported an intimacy between Ben Hanson and Mrs. Bird. It is stated that these rumors came to Bird’s ears, that he had spoken to Hanson about the matter and Hanson’s intimate friends say, Bird had threatened to kill him. The night of the shooting Bird had been drinking during the evening but had attended another dance across the Big Horn River. He started to go to his home about 10 o’clock, when he was invited by a friend to attend a dance at Ben Hanson’s.
One of Hanson’s friends learned of this and warned Bird to stay away, as there might be trouble. Hanson evidently took this as a challenge and said, “It was trouble he was looking for.”
As they reached the door the dance was just breaking up. In fact, several of the merrymakers had already departed for home. Tom Bird was carrying Ed Enderly’s pistol as he advanced toward the place where the dance was still going on.
Ben Hanson was dancing with Mrs. Purcell when he told her his life was at stake. Knowing western men, she immediately begged him to keep out of sight but he insisted upon dancing. As they reached the door, they saw Tom Bird coming out of the saloon.
He was heard to say, “There’s Tom. He’s after me. I’ll have time to go around the floor once more.”
So around the floor they waltzed once more. When they reached the door the second time, Hanson reached out to pull the door shut and some witnesses say they saw Tom Bird take aim at Ben. Others say that Ben was hidden behind the door.
All agreed that the two men were close together and Hanson was quicker on the draw.
As Bird entered, Hanson quickly moved into view, shoving his own six-shooter into the Tom’s face, and pulled the trigger. The bullet missed, but exploding gunpowder confused and blinded Bird. Hanson’s second shot also went astray, grazing him on the shoulder. But a third slug ploughed through the point of Bird’s chin.
He crumpled to the flood, dead.
Bird fell lengthwise in the door and screaming women had to step over the dead body before they could get out of the room.
According to Ed’s young son, “Tables turned. The hunter became the victim. It all happened so quickly, Bird didn’t fire a shot.”
The firing was at point blank range and the face and neck of the deceased was badly powder-burned. The shot which killed Bird entered the chin just below the lower lip. Death was instantaneous. The man fell without even a groan. Bird did not fire a shot, but a six-shooter was found lying between his feet.
Hanson’s friends claim that Bird had drawn his six-shooter before opening the door. Bird’s friends say that the gun was drawn after the shooting began.
“Friends of Hanson claim that Bird had previously threatened his life,” E. T. Payton said. “Intense excitement followed the killing and some in the crowd wanted to lynch Hanson, but Bird’s partner, Mart McGrath, used his efforts in quieting the crowd, finally succeeding in doing so.”
With the acrid odor of burned gunpowder remaining heavy in the air, it was Ed Enderly, the pharmacist and sometime doctor, who pushed through a group of gawking onlookers. He examined the body stretched full length on the dance hall floor and “officially” pronounced dead, one James Morrow, alias Tom Bird.
Justice Magill who had come up from Basin City on official business, empaneled a coroner’s jury and held an inquest. Immediately after the inquest, a warrant was issued for the arrest of Hanson - who had been quick to leave Thermopolis. The defendant was subsequently apprehended and jailed at Lander where he was arraigned by that Friday evening. The hearing was postponed until the 28th of December, so that the state of Wyoming would have a representative.
Hanson was held for murder in the second degree, and the bond fixed at two thousand dollars, which was given and the prisoner discharged until the next term of the District Court.
The body of Tom Bird was moved to Enderly’s home where it was laid out on a bier hastily constructed of planks placed across two saw horses. With childish curiosity, his small son Earl wanted to see the corpse. But it wasn’t until the next day that he was allowed to look, after Bird was encased in a homemade coffin covered with black muslin. In the sitting room of Enderly’s home, someone held the youngster high enough so he could see the dead man.
Earl remembers a small pane of window glass had been placed above the victim’s face. And he noted a patch of court plaster had been struck over Bird’s chin to conceal the mortal wound.
Tom Bird was buried in old Thermopolis’ cemetery. Today the graveyard has lost its identity under alfalfa growing in a field somewhere in Lucerne. His widow and children received a life insurance payment from the Odd Fellows from which he was a member and they disappeared into history.
Life went on at Hanson’s townsite despite the murder and excitement filled the air. The Indian Reserve was opening for settlement and Thermopolis was moving closer to the Springs. His original townsite would soon be known as “Old Thermopolis.”
After paying his increased bond of $3,500, Ben Hanson was still being held in the county jail nearly a year later without a trial. He evidently thought that he had spent enough time behind bars.
On the night of August 6th, 1897, Ben escaped his prison cell by cutting his way through the iron sheeting forming the ceiling, gaining his way to the attic. From there, it was very easy to reach the man-hole over the hallway near the landing of the stairs that lead to the jail, and through this, he let himself drop to the floor.
Deputy Sheriff Lougue’s horse was grazing in the court house yard, and his saddle was in the jail barn. He saddled the horse and was off. The next morning, Deputy Logue sent out telegrams and letters to the sheriffs of the various counties and to the railroad centers, and at about noon, took up the trail of the escaped prisoner and started in pursuit.
The newspapers all agreed, “It is not generally believed that Hanson will be captured for some time to come, as he is thoroughly acquainted with the country, having been a cowboy for many years and is well liked on the range and has lots of friends who will gladly aid him in his effort to escape.”
These ‘friends’ were none other than the Wild Bunch and other outlaws who frequented Thermopolis at the time. By November, it was reported that once he had escaped, Ben Hanson had gone directly to his friends near Thermopolis. From there, Ben was sent to the Hole-in-the-Wall hideout where he remained for several days. After that, it was believed, he went north to go to the Klondike in pursuit of gold.
By October, goods belonging to Ben Hanson were sold at public auction. Another year passed, and in 1898, Constable Vanderveer held a sale of Ben Hanson’s horses at the old town of Thermopolis. They sold at prices varying from five to eleven dollars per head.
Rumors continued to swirl of Hanson’s whereabouts. Sheriff Morse went to Oregon upon receiving notice of Hanson’s capture in that state, but the man held there was not Hanson.
Again, another man was captured in Phoenix, Arizona. However, this vagrant was not the wanted Ben Hanson and Ben, just like Tom Bird’s wife and children, faded into history. That would have been the end of his story, however, Ed Enderly saw him one last time.
Several years later, Ed happened to be in a North Dakota town on business. He recognized Hanson who by then had assumed another name and was engaged in the livestock business. Although Ben Hanson hankered to return to Thermopolis for a visit, he was dissuaded from doing so. He was advised that Martin McGrath was prepared to press charges in the murder.
If Ben ever snuck back to see his town that he had founded with such high hopes, we will never know. Today, his fall from grace is complete as few remember him for more than just the murderer of the prominent businessman, Tom Bird.
Thank you for listening to Pioneers of Outlaw Country. I am your host, Jackie Dorothy.
