The Original Indictment - October 13, 1888
HERBERT TONNEY was the sole survivor of the HAY MEADOW MASSACRE that took place in July, 1888 in “No Man’s Land”, an area of lawlessness and disputed jurisdiction bordered by Colorado and Kansas on the North and by Texas and New Mexico to the south and west. The Massacre was another tragic event in the long and infamous County Seat Wars in Kansas.
Young posse member Tonney was shot and left for dead along with the other members of Sheriff Ed Short’s posse who were called down to the “Strip” to assist another of Short’s Deputies who was in trouble.
The pages on this website are photocopies and transcriptions of the original Indictment and Deposition dictated by Tonney describing first-hand the fatal ambush in detail and identifying the men involved in the killing of his fellow posse members.
The Indictment and Tonney’s Deposition are believed to be the only known surviving first-hand accounts of the “Hay Meadow Massacre” events as all other relevant files were destroyed when the U.S. Court House in Paris, Texas burned to the ground in 1916. The originals of these documents have been purchased by a private collector in Texas and the copies have been donated to the Kansas Historical Society.
Janet Ekwall Britt San Diego, CA
Grand Niece of Herbert Tonney
Links to Herbert Tonney’s Deposition
Links to Kansas County Seat Wars
THE UNITED STATES OF AMERICA
DISTRICT OF KANSAS
In the district court of the said United States, in and for the said District,
October Term, 1888
The United States of America INDICTMENT FOR
vs
Samuel Robinson, C.E. Cook, O.J.
Cook, J.B. Chamberlain, Soloman Conspiracy...oppress a citizen of
Cotts & John Hall U.S. in full & free enjoyment of
A.M. Donald, J.M. Calvert James right guaranteed by law
Rigby
At the Term of the District Court of the United States of America, in and for the said district of Kansas, begun and held at Leavenworth, in said district, on the 8th day of October, in the year of our Lord one Thousand eight hundred and eighty eight, the Grand Jurors of the United States of America, duly impaneled, sworn and charged to inquire of offenses committed within the District of Kansas upon their oaths do find and present that Samuel Robinson, O.J. Cook, C.E. Cook, J.B. Chamberlain, Soloman Cotts & John Hall, A.M. Donald, J. W. Calvert, James Rigby (whose more full Christian name is to the Grand Jurors aforesaid unknown), late of the District of Kansas aforesaid, on or about the 25th day of July, in the year of our Lord one thousand eight hundred and eighty eight, at the District of Kansas aforesaid, and within the jurisdiction of this Court, unlawfully knowingly willfully & feloniously did conspire combine confederate & agree among themselves & with other evil disposed persons with Grand Jurers aforesaid...known to injure oppress these others and intimidate certain citizens towit John W. Cross Robert Wilcox Robert Hubbard
(Indictment Page Two)
C.W. Eaton & Herbert Tonney in the free exercise and enjoyment of certain rights and privileges secured to them by the Constitution and the laws of the United States that is to say the right and privilege of enjoying life without being deprived of it without due process of law. That said John W. Cross Robert Wilcox Robert Hubbard C.W. Eaton & Herbert Tonney were...&...citizens of the United States & duly entitled to all the privileges & immunities of citizenship guaranteed by the constitution and the laws. That said John W. Cross Robert Wilcox Robert Hubbard C.W. Eaton & Herbert Tonney were then and....enjoying & exercising the right of...within the district of...& because of their attempting to exercising the same having so exercised the same of aforesaid
(Indictment Page Three)
the said Samuel Robinson C.E. Cook O.J. Cook J.B. Chamberlain A.M. Donald James Rigby J.W. Calvert John Hall Soloman Cotts and other evil disposed persons to the Grand Jury aforesaid unknown in pursuance of said conspiracy, agreement & confederation had or aforesaid and to effect the object thereof did without warrant or process of the law and without warrant process & justification wickedly feloniously willfully & maliciously in pursuance & conformity with the conspiracy therefore entered into pursue the said John W. Cross Robert Wilcox, C. W. Eaton Herbert Tonney Robert Hubbard into a strip of country commonly known as No Man’s Land of the jurisdiction of the United States & out of the ...jurisdiction of ....& did...Robert Hubbard John M. Cross C. W. Eaton Robert Wilcox and there deprive of life...to the...in such cases made &
(Indictment Page Four)
against the person & dignity of the United States.
Eugene Hagar
Asst (Atty?)
Sole survivor Herbert Tonney’s Deposition details the original Indictment of participants in the 1888 Hay Meadow Massacre of Sheriff Ed Cross and his posse in No Man’s Land.
SUMMARY:
