William Ellsworth "Elzy" Lay (November 25, 1869 – November 10, 1934) was an
outlaw
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute or kill them ...
of the
Old West
The American frontier, also known as the Old West or the Wild West, encompasses the geography, history, folklore, and culture associated with the forward wave of American expansion in mainland North America that began with European colonial ...
in the United States. He was a member of
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, near Kaycee in Wyoming, a natural fortress with caves, with a narrow entrance that was constantly guarded. In the beginning, the ga ...
, gang, operating out of the
Hole-in-the-Wall Pass in
Johnson County, Wyoming
Johnson County is a county in the north central part of the U.S. state of Wyoming. At the 2020 United States Census, the population was 8,447. The county seat is Buffalo. Kaycee is the only other incorporated town in the county.
Johnson Count ...
. Lay was Cassidy's best friend and assisted Cassidy in leading the Wild Bunch gang.
[William Ellsworth Lay](_blank)
at www.butchandsundance.com
Early life
Lay was born in
Mount Pleasant, an unincorporated community in
Vinton County, Ohio
Vinton County is a county located in the U.S. state of Ohio. As of the 2020 census, the population was 12,800, making it the least populous county in the state. Its county seat is McArthur. The county is named for Samuel Finley Vinton, US ...
, the son of James Landon Lay and Mary Jane Bellew. He had a brother Encil Lay and a sister Maggie Lay Sprigg. Shortly after his birth, the family moved to northeastern
Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
. 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 used the name "McGinnis" as an alias when working as a
ranch hand.
Outlaw life
In the autumn of 1889, Lay met outlaw Butch Cassidy while in
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
. 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
A ranch (from es, rancho/Mexican Spanish) is an area of land, including various structures, given primarily to ranching, the practice of raising grazing livestock such as cattle and sheep. It is a subtype of a farm. These terms are most oft ...
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
Vernal, the county seat and largest city in Uintah County is in northeastern Utah, approximately east of Salt Lake City and west of the Colorado border. As of the 2010 census, the city population was 9,089. The population has since grown to ...
. For a time, it was profitable, until it was shut down by
Uintah County Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
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
prospectors 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
Ogden is a city in and the county seat of Weber County, Utah, United States, approximately east of the Great Salt Lake and north of Salt Lake City. The population was 87,321 in 2020, according to the US Census Bureau, making it Utah's eighth ...
, 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
Montpelier is a city in Bear Lake County, Idaho, United States. The population was 2,597 at the 2010 census, down from 2,785 in 2000. The city is the largest community in the Bear Lake Valley, a farming region north of Bear Lake in southeastern ...
, using the funds to secure an attorney for Warner. Warner and Wall were convicted of
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ...
, 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 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.
The hideout was considered ideal because of the rough terrain. It was easily defended, di ...
", 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
History (formerly The History Channel from January 1, 1995 to February 15, 2008, stylized as HISTORY) is an American pay television network and flagship channel owned by A&E Networks, a joint venture between Hearst Communications and the Dis ...
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
Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas ...
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
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe, New Mexico, Santa Fe
, LargestCity = Albuquerque, New Mexico, Albuquerque
, LargestMetro = Albuquerque metropolitan area, Tiguex
, Offi ...
, 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 () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the sou ...
. They committed their most famous robbery on June 2, 1899, by robbing a
Union Pacific
The Union Pacific Railroad , legally Union Pacific Railroad Company and often called simply Union Pacific, is a freight-hauling railroad that operates 8,300 locomotives over routes in 23 U.S. states west of Chicago and New Orleans. Union Pac ...
train near
Wilcox, Wyoming
Wilcox is a populated place in Albany County, Wyoming, United States. On June 2, 1899, Butch Cassidy
Robert LeRoy Parker (April 13, 1866 – November 7, 1908), better known as Butch Cassidy, was an American train and bank robber and the l ...
. 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
Converse County is a county located in the U.S. state of Wyoming. As of the 2020 United States Census, the population was 13,751. Its county seat is Douglas.
History
Converse County was created in 1888 by the legislature of the Wyoming Territor ...
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 Kearney 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 Mexico
Folsom is a village in Union County, New Mexico, United States. Its population was 56 at the 2010 census, down from 75 in 2000. The town was named after Frances Folsom, the fiancée of President Grover Cleveland.
History
Folsom gives its nam ...
. The robbery was successful, but a well led posse under the direction of
Huerfano County
Huerfano County (; ) is a county located in the U.S. state of Colorado. As of the 2020 census, the population was 6,820. The county seat is Walsenburg. The county, whose name comes from the Spanish ''huérfano'' meaning "orphan", was named ...
(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.
Captured, convicted and pardoned
On August 16, 1899, while gathering supplies, Lay was cornered in
Carlsbad, New Mexico
Carlsbad ( ) is a city in and the county seat of Eddy County, New Mexico, United States. As of the 2020 census, the city population was 32,238. Carlsbad is centered at the intersection of U.S. Routes 62/180 and 285, and is the principal city o ...
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 Santa 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
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
ed by Governor
Miguel Antonio Otero on January 10, 1906.
[William Ellsworth Lay (p.2)](_blank)
at www.butchandsundance.com
Retirement from crime
Upon his release he found his way to
Baggs, Wyoming
Baggs is a town in Carbon County, Wyoming, United States. The population was 440 at the 2010 census.
Baggs is home to the ''Outlaw Stop'', a branch of the Little Snake River Museum, which is headquartered in Savery.
Geography
Baggs is located ...
, 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
All American Canal
The All-American Canal is an long aqueduct, located in southeastern California. It conveys water from the Colorado River into the Imperial Valley and to nine cities. It is the Imperial Valley's only water source, and replaced the Alamo Canal, w ...
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.
No objective proof exists that Lay had contact with Wild Bunch members after his release, but there is suggestive testimony. Josie Bassett on separate occasions told her cousin, her neighbor, and local historians she had been visited by Butch Cassidy and Elza Lay "in 1930 in Baggs, Wyoming".
[Dick & Daun DeJournette, One Hundred Years of Brown's Park and Diamond Mountain, 1996, pp. 330 - 331] Before that Cassidy and the
Sundance Kid had gone to South America, where they were alleged to have been killed while committing a robbery in
Bolivia
, image_flag = Bandera de Bolivia (Estado).svg
, flag_alt = Horizontal tricolor (red, yellow, and green from top to bottom) with the coat of arms of Bolivia in the center
, flag_alt2 = 7 × 7 square p ...
. During Lay's imprisonment, Kid Curry was killed during a shootout with lawmen in Colorado. Ben Kilpatrick and
Laura Bullion were captured in
St. Louis, Missouri, and
George "Flat Nosed" Curry was killed by lawmen in Utah. Several other members of other gangs that had been 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
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the wor ...
. He is buried at Forest Lawn in Glendale, California, near Los Angeles.
References
External links
William Ellsworth Layat www.butchandsundance.com
*
{{DEFAULTSORT:Lay, Elzy
1868 births
1934 deaths
People from Mount Pleasant, Vinton County, Ohio
American bank robbers
Cowboys
American people convicted of murder
American prisoners sentenced to life imprisonment
Outlaws of the American Old West
People convicted of murder by the United States federal government
Butch Cassidy's Wild Bunch
Prisoners sentenced to life imprisonment by the United States federal government
Recipients of American gubernatorial pardons
Train robbers