More gunplay seemed certain, but nobody dared take on Ben Thompson. Some of his Texas buddies soon “forted up” in the hotel to back him up. Pierce went to the livery stable to fetch Billy’s horse. Cain collected some money and pushed the wad of bills on Billy, saying: “Take this. We figure you’ll need it.”

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Billy Thompson indeed lit out of town, remembering his brother’s advice, “For God’s sake, leave town, or you will be murdered in cold blood.” Ben who did not realize the extent of Whitney’s wounds, further advised his brother to lie low in a cow camp for a few days until things blew over. Billy, though. high-tailed it all the way to Texas —but only after a last intimate visit with his lady love in Nauchville. (Billy would not be arrested and extradited until 1877. At that time, he was found not guilty of murder, as the shooting was deemed an unfortunate accident. Critics claimed that the acquittal was the result of the jury being bought.)

Ben was in some legal trouble himself. He declined Ellsworth Mayor James Miller’s request to surrender his weapons. Miller then sent ex-policeman Ed Crawford to round up the police force. DeLong had been discharged, but Hogue was still active, along with Norton and Morco. The mayor then demanded that Marshal Norton arrest Thompson. When Norton demurred, Miller fired the entire police force. But Hogue was still a deputy sheriff and, surprisingly, he had enough nerve to face the older Thompson. Ben agreed to surrender if Hogue would disarm Morco and Sterling first. All parties agreed to the deal, and the crisis was over.

When Miller tried to make DeLong the city marshal in place of Norton, the City Council balked and substituted Hogue. There was no house cleaning of the police department, though. DeLong became an officer again, as did Crawford and even the hated Morco. Only Norton, arrested himself for being drunk and disorderly, and the nonentity High-Low Jack Branham were put out to pasture.

A cocky Morco appeared before Judge Osborne to file a charge of “felonious assault” against Thompson. Cattlemen Mabry and Millett posted bond for Ben, and he was released on bail. Once again Morco had second thoughts about the dangerous Texans. The lawman failed to appear in court, and charges against Thompson were dropped.

About this time, a vigilance committee began to issue (illegally) “white affidavits,” exile orders against the city’s undesirables. Ben Thompson, knowing that his name headed the list, did not wait for one. Anyway, a citizens’ group had voted for a resolution to ban gambling in Ellsworth. Thompson took off for greener pastures, advising pals Pierce and Cain to do likewise.

When Ben’s friends asked Hogue to question Morco as to whether warnings were out for them, the new marshal refused. Policeman Crawford then butted in, itching for a fight—against disarmed Texans. He shot Pierce in the side, then finished him off by beating him on the head with his six-shooter. Next day it was Cain’s turn. He was “treed” by Happy Jack. Morco was aiming his six-shooters at Neil when Hogue intervened. Hogue not only saved Cain’s life but also enabled him get a horse and gallop out of town.

Angry Texan transients then shot up the town and threatened to burn the damned place down to the prairie sod. When the press demanded action, the vigilantes began patrolling the streets at night to prevent arson. Other vigilantes ransacked the rooms of Texans, searching for a rumored cache of firearms. The governor, who posted a $500 reward for Billy Thompson, sent his attorney general to see if the local government needed the state’s armed help. The attorney general reported back that the problem was guns in the hands of overzealous police.

Texans wired Ben Thompson to come back to Ellsworth and lead them in their fight for justice. But someone from the railroad—the station agent or the telegrapher—leaked the telegram. Trains from the east were searched at Salina for several days. But Ben was long gone to St. Louis, on his way to New Orleans.

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