Copyright USGenNet Inc., 2014 All Rights Reserved USGenNet Data Repository Please read USGenNet Copyright Statement on this page: Transcribed and submitted by Linda Talbott for the USGenNet Data Repository http://www.us-data.org/ =========================================================================== Formatted by USGenNet Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== The Spokesman Review (Spokane, WA) Monday, February 1, 1904 MARSHALL AT TROY SHOT TO DEATH J. H. Hays Died Trying to Arrest Payne Sly TROY, Idaho. Jan. 27. - While attempting to arrest Payne Sly this afternoon Marshal J. H. Hays was shot to death by the former. After the shooting, Sly, who was under the influence of liquor, successfully stood off a large crowd of citizens for some time, finally escaping and taking refuge in his father's house, where he was placed under arrest. Sly has a badly wounded hand, his clothes are pierced with bullet holes in several places and he has a slight wound in the side. It is believed Marshal Hays gave Sly the wound in the hand. Fears of Lynching Tonight Sheriff Keane and Deputy Campbell took the prisoner to Moscow, as there was much talk of lynching in Troy, and groups of angry men were gathering at street corners discussing the tragedy with much feeling. Sly claims he shot Hays in self defense and because Hays was trying to arrest him without a warrant. Sly conducts an auction store for a Spokane firm. He filled up with liquor and this afternoon about 4 o'clock the neighbors were aroused by one of his children coming out of the house and screaming "Papa has killed mamma!" Shots had been heard just before the appearance of the child. Marshal J. H. Hays was sent for and arrived on the scene in a few moments. Bullets Fly Fred Skeens and another man, who were loading wood nearby reached the house just before the officer and witnessed the shooting. Marshal Hays went to the door and was met by Sly, who ordered the officer away saying that there was no trouble; that everything was all right. The officer started to enter the house, when Sly, who had a rifle levered, fired, but the bullet missed. Hays drew his pistol and fired, and again started to go into the house. Sly fired again, the bullet striking the officer and tearing a frightful wound across the top of the chest, severing the windpipe and jugular vein. The officer fired another shot, then started toward the railroad crossing, but fell and expired 75 yards from where the shooting occurred. Sly after firing the fatal shot, fired at the officer again and also shot at a number of men who had gathered around where the officer fell. Sly's house, where the shooting occurred, is located about ** feet west of the Northern Pacific Depot on elevated ground, and within full view of probably 200 people, who were attracted by the shooting. When firing at the people near the depot Sly cried out that he had killed one man and was going to kill a few more. Citizens Take a Hand Within a few moments a number of men had secured rifles and commenced firing. They drove Sly off the elevated porch into the house and out the back door. He then ran through the open timber towards his father's house about two blocks away. The house was surrounded within a short time and Sly surrendered. Probably 200 shots were fired at him after he shot the officer before he dodged into an alley behind a barn and got into his father's house. When he surrendered he was slightly wounded in the right hand and complained of a slight wound in the side. The coroner had the body moved to the I. O. O. F. hall, where an inquest will be held tomorrow. Sly is about 25 years old and has been mixed up in numerous drunken brawls with his wife during the past two years. When drunk he would do considerable shooting and was considered quarrelsome. His parents reside here and a brother in the country about five miles. A Fearless Officer J. H. Hays, the murdered officer, was about 60 years old. He has a wife and two grown sons living here, and a daughter, Mrs. Sherman Mix, who resides in Spokane. Mr. Hays was a veteran of the civil war and a man who never hesitated in the discharge of his duty. He has served several terms as constable in this precinct, also as town marshal, both of which positions he occupied when killed. As an Odd Fellow he was instrumental in establishing in Troy one of the most prosperous lodges in the state. Eluding the Mob TROY, Idaho, Jan. 28. - All day long the shooting of Marshal J. H. Hays by Payne Sly yesterday has been the sole topic of conversation. During the day hundreds of people have visited the I. O. O. F. hall to view the remains. The funeral will not be held until the arrival of a brother and mother, who will leave Hamilton, Iowa, Friday morning for Troy. County Attorney Stillinger decided to file a complaint charg- ing Sly with the wilful murder of the officer while in the dis- charge of his duty. The preliminary examination will be held February 3. Mrs. Hays, the dead man's wife, reached here from Lewiston this morning. His daughter, Mrs. Eugene Honnore, arrived from Spokane this afternoon. When Sheriff Keane and Deputy Campbell arrived in town about 6:30 last evening the immediately prepared to remove Sly to the county jail at Moscow for safe keeping. A large crowd had gathered about the hotel where he was being guarded, and on the streets, and it was feared that an attempt would be made to lynch the murderer, so the prisoner was taken out of the hotel through a back entrance, up an alley to the livery barn, where the sheriff's team was in waiting, and was driven away before the crowd knew what had been done. Just after Deputy Campbell slipped out of town with Sly, a mob of nearly 100 armed men started for the hotel, intending to lynch Sly. When the mob found the prisoner was gone, sev- eral ran to the stable for teams, but finding Deputy Campbell had a half hour start, the mob gradually quieted down. Wife Wanted Poison Soon after Sly was taken to the hotel by the guards, Mrs. Sly went to the drug store and inquired for poison, which, it is supposed, she wanted for her husband with which he could cheat the law. Failing to get poison, and Sly having been taken to Moscow, she hired a livery team and left for there about 11 o'clock, accompanied by her 10 year old daughter. An examination of the Sly house this morning shows that it was hit 10 times by citizens who shot at the murderer when he appeared on the front porch, but only two shots struck near him, the others falling below him several feet. About the time he had finished his promiscuous shooting and attempted to make a speech, the citizens secured guns and the fusilade took place. EYE WITNESS TELLS OF DEED Jerry Harrington Describes Events of the Tragedy TROY, Idaho, Jan. 28. - 'I got the man I was after, and, by God, I guess I'll pick off a few more of you.' shouted Payne Sly just after Marshal Hays had fallen dead by the railroad track, less than 75 yards from the Sly house, yesterday after- noon." said Jerry Harrington, who is one of the few witnesses of the killing of the officer by Sly. "I saw the whole affair," said Harrington to a Spokesman- Review reporter. "I was standing by the water tank on the north side of the railroad track when Mrs. Sly's little girl ran down the trail through the deep snow from their home, 75 yards south of the railroad depot, wringing her hands and crying, 'Oh, come quick, papa is killing my mamma.' Almost instantly I saw Marshal Hays, accompanied by a young man named Skeens, run up the path to the Sly house. Skeens stood at the foot of the steps leading up to the house, while Hays ran up the steps. He knocked on the door, and then there was a moment's hesitation, when the door was opened, I think from the inside, and Sly said: Shooting Begins " 'You can't come in here; you have no business here.' Hays said: 'I must find out what the trouble is,' or words to that effect. Sly said: 'There isn't any trouble, and you had better keep out of my house.' Hays again said that he only wanted to know what was wrong and stop it. Then Sly said: 'My wife can tell you what the trouble is.' and apparently stepped back into the house. I could see the woman near the door at the same time. Hays then stepped into the house about the width of the door. "As he did so, there was a rifle shot, and Hays staggered back outside the door, with his hand up to his throat. He swayed an instant, then braced himself and leaned against the door frame. Hays then pulled his pistol from his back pocket and began shoot- ing into the house, and one or more was fired by Sly out at Hays. "When the first shot was fired Skeens, who had been standing at the foot of the steps, wheeled and ran rapidly down the street. After firing several shots, Hays also turned and ran, staggering down the steps and along the path toward the depot. He ran a few yards and began to walk. When still 20 yards from the rail- road track, he motioned to Mr. Fogelstrom, who was coming toward him, for assistance. Fogelstrom came to him and helped lead him a few yards, when Hays died, and Fogelstrom eased him down in the snow, and left him. At Officer's Son "It was just at this time that Sly ran out on the steps of the house and, rifle in hand, said: 'I got the man I wanted, and, by God, I guess I will pick a few more of you off.' This he called out in a loud voice, flourishing his rifle, and at the same time shooting at Harry Hays, the dead officer's son, who was just crossing the street from the hotel with rifle in hand. "Just as Sly finished this sentence, there were two rifle shots, the bullets passing on each side of Sly and burying themselves in the all behind him. Sly also said, 'I suppose since I have done what I have that my time has come now.' or some such words, but he did not seem to wish to hurry his time any, as when the bullets struck the wall so close to him, he jumped from the steps in front and ran around to the rear of the house, where he continued his rifle practice, shooting at every person whom he could see. He took several shots at Harry Hays, who also shot at Sly several times, but without hitting him. After staying behind his own house for a few minutes, Sly ran down the path to his father's house, which was only a few yards away to the east and north. While he was running, a number of shots were fired at him. Getting to his father's place, he entered and renewed the fusilade. Gives Himself Up "Armed men had seemed to gather as if by magic, and by this time a cordon of men had gathered about the house. Some one called out that the older Sly and his wife had better come out, as the encircling posse intended to riddle the house, if Sly did not surrender. Sly's father and mother then came out and a few minutes later Sly gave himself up. "When he came out of the house, Sly was bareheaded and he begged his captors to protect him, saying 'I haven't done any- thing wrong. I was only protecting my house and family.' When Henry Hays, the dead man's older son, spoke to him, Sly tried to strike Hays and again said that he had done nothing wrong. There was intense excitement among his captors, and I shall always wonder how Sly escaped lynching on the way to the hotel. Sly was badly frightened. After being taken into the hotel Sly became more confident of his safety, although he refused to talk much about the occurrance, beyond his statement that Hays had fired first and he had not replied until the officer had fired two shots." At Scene of Shooting TROY, Idaho, Jan. 29. - The local lodge of Odd Fellows held a meeting last night to make preparations for the funeral of J. H. Hays, who was killed by Payne Sly Wednesday evening. The arrangements for the funeral have not been completed. It will be held under the auspices of the Odd Fellows and that organization and the village officers will attend in a body. Quite a number of business houses will be closed during the funeral, which will be held in I. O. O. F. hall. The inter- ment will take place in the Moscow cemetery Tuesday, if east- ern relatives arrive Monday, as expected. Yesterday a tele- gram was received from W. L. Hays, Hamilton, Iowa, saying that he would leave today for Troy and would probably be accompanied by the aged mother of the dead man. The watchers last evening estimated that over 600 persons visited the hall during the day to view the remains. Near the head emblems of the I. O. O. F. are arranged and heavily draped, while across the chest is spread a past grand's collar. During the forenoon yesterday a large number of people visited the Sly house where the tragedy was enacted which resulted in the death of Marshal Hays. It was found that 10 shots struck the building. Aside from blood stains on the threshold and the bullet holes, there was no other sign of the encounter. The trail of Sly was followed from the house through the trees over the snow. Under a tree where he stopped to shout at some of the pursuers was found the first blood stains, and it is supposed that it was at this spot that he received the wound in the hand, as the blood stained the snow from there to the house, where he was captured. Feeling Against Sly The sentiment against Sly is very strong and many openly assert that lynching is too good for him. About 10 years ago the aged parents of Sly owned a fine ranch on American ridge, which he induced them to sell, so that he could have the proceeds to invest in a second hand business in Moscow. Within two years he wasted the savings of the aged couple and left them almost penniless. Only about four months ago he shot into the Northern Pacific depot while on one of his drunken sprees, but was not arrested. Several times, it is said, he has drawn guns on persons and threatened to shoot. Sly had threatened to kill Marshal Hays if he ever attempted to arrest him at his own house. There are so many witnesses that it will take from two to three days to take the testi- mony at the preliminary, which will not be held until next week, after the funeral. ===========================================================================