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THE SIXTEENTH OF AUGUST + 14 ∂ Sam Ketchum would have little information for the law, despite the pressing efforts of his official invigilators. Although much weakened by pain and the loss of blood, he “rested easily” the following afternoon, complaining only that his swollen arm“seemed to weigh about three hundred pounds.”At one point he told Foraker that he was sure that “Bill McGinnis” was dead, “as his wound was dangerous and only his pluck kept him from dropping.”1 It is unlikely that Sam believed Lay’s wounds to be mortal; his object may have been less to inform than to mislead. In the cell next to is was an old acquaintance and fellow bandit, William Walters, commonly called“Bronco Bill,”who had recovered from a severe wound suffered in the fight that ended with his capture and the death of his partner, Bill Johnson. Now, almost a year later, he still awaited trial. In a legal sense, their two cases were analogous: both Ketchum and Walters had committed train robbery, and both had been in battles in which pursuing possemen were killed.2 In the medical sense, their cases were drastically different. Sam’s wound, in itself, was less serious than Bronco Bill’s: given prompt attention, he would have recuperated quite quickly. But gangrene had set in before he was captured. By the time he reached Santa Fe his condition was critical. Foraker, Thacker, and Powars were at the penitentiary for most of July 21st. Before midday they were joined by Chief Justice William J. Mills, presiding judge of the fourth judicial district, Judge John R. McFie and District Clerk A.M. Bergere, both of the first district, and Governor Miguel A. Otero, for a thorough discussion of the Folsom case. Nothing emerged from the conference, apart from a vacuous announcement that “every effort [would] be exerted in bringing in the other two of the gang.”3 Otherwise, Foraker assumed the role of spokesman for all. He grabbed the opportunity to renew his attack on Reno, charging him with premature disclosure of Ketchum’s arrest and misrepresentation of the facts. When Reno’s response to his earlier accusation was drawn to their notice, he, Thacker, and Powars at first “would express no opinion for publication on the merits of the case, but in private expressed themselves forcibly and freely.”4 193 194 The Deadliest Outlaws The case, Foraker maintained, was “entirely in [his] hands;” the only posse in the field was a force of ten men put into the field by himself and Wells, Fargo. Here, the marshal’s self assurance had stolen a march on his information; while it was true that many who joined the hunt in its first days had now retired from the field, Reno was out again, this time with Kreeger, Titsworth, and David Farr.5 Foraker did not “think it possible” that the robbers had escaped from Turkey Canyon in daylight, even though one of the posse reported having seen them ride away. He denied the truthful claim, pressed oftenest and most forcibly by his chosen representative, Elliott, that two of the bandits’ horses had been killed.6 Then, forgetting that he had just professed a judicious reticence about the controversy ignited by his allegations against Reno, he repeated them. He scored Reno for not seeking to make contact with Elliott after the fight, but offered no opinion on Elliott’s failure to put himself in touch with Reno; an odd omission, especially in the light of the emphasis the marshal placed on Elliott’s status as leader of the posse. For interest superadded, Foraker complained about Reno’s refusal to guide his search party to the scene of the action because, according to the marshal, he (Reno) wanted to go to Springer.7 We have already seen that Reno had no need to leave for Springer until late that night, and did not do so. The prosaic truth may have been that Reno, who had been on the mountain all night, was too tired to ride out with Foraker, who had been in bed all night. Ketchum’s trial, declared the New Mexican, would bring out the facts and “settle the dispute that has arisen between officer Reno and others.”8 This statement rested on the false assumption that the bandit would be put on trial, and the fallacious premise that the Foraker-Reno controversy could not be resolved by other means. The territorial authorities, Sam knew, hoped to keep...

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