Outlaws in the area of Balsam Township

The following is a personal account of the man hunt by Horace S. Lydick who helped during the final push to capture the Minnesota game warden killers. Horace Lydick, was the first ranger to live and work at Cut Foot Sioux ranger station. His primary duties were fire control, road building, and dispersal of slash, such as cut tree limbs and tops left over from the cabin construction and road building.  Horace was hired as a forest guard in April of 1908.  

What he claims is a first-hand story of the actual capture of Jay Gould Heath is given today to the Hibbing Tribune by Horace S. Lydick, guide who was with the posse which came upon the slayer of Norman Fairbanks, Hibbing game warden, near the Silverdale region.

Lydick dictated the story to a stenographer and signed his name to the statement. It follows:

“As I feel that I am the man who is entitled to the rewards offered for capturing Jay Gould Heath, confessed slayer of Norman D. Fairbanks, I wish to call your attention to some facts of the case, that so far, are not known to the public.

“I was a volunteer, being the only man to leave his home and pay his own expenses in the hunt, all other searchers being salaried men, or men employed and paid by others. “Not a single member of the entire posse was able to give me any information of any kind as to where I would be likely to find a track of the men, in spite of the fact that they had found their camp less than one week before this.

“The Dahl boy claimed to know where there were tracks crossing the road made by the Heaths the morning of June 25. We were very anxious to follow any suggestions given by anyone as to the whereabouts of these men, so Deputy Mitchell and I accompanied the Dahl boy to the place where he claimed there were tracks. I worked until noon of the 26th and found no trace of anyone in that vicinity.

“While eating dinner at the Dahl farm, I explained to Deputy Mitchell and a Mr. Keating, the kind of country the men must inhabit in order to exist and was informed by the older Mr. Dahl that such a country lay approximately three miles west of where we were then. Deputy Mitchell then employed the Dahl boy to guide himself and me with a course laid out to go three miles west to the river, three miles south along the river and then return east to the road and back to the Dahl farm, where we had made arrangements to stay for supper. Mr. Keating went north on a different course.

“Mr. Mitchell, myself and the Dahl boy started on our hunt. We went west on an old road, the Dahl boy being in the lead. On reaching what is called Prairie Creek, a distance of approximately one mile, we came to a bridge in a very bad state of repair and in crossing the creek I reached the west side first and immediately discovered tracks of apparently one man as they were walking single file and stepping in each others’ tracks. On going approximately 80 rods, we came to where they had evidently tried to disguise the tracks, but on account of the recent rain, I was only delayed a minute or so in locating the right tracks. On going approximately 80 rods further, we came upon the place where the Heaths had camped the night before. I took the lead since leaving the bridge, one half mile farther back, as the Dahl boy was unarmed at this time.

“At this point, we have the first absolutely sure trail of the Heaths. In spite of the fact that I stated that the fewer men we had on the trail, the less danger, Deputy Mitchell sent the Dahl boy back to the farm to ask for more help. I then asked, ‘What are the orders on the hunt?’ Deputy Mitchell answered, ‘Shoot to kill.’

“The Dahl boy returned to the settlement for more help. I, being in the lead, followed by Deputy Mitchell, pushed on. After following the trail of the men for approximately three miles from this point, we came to a large field with a cabin on the far side of it, with no doors or windows on the two sides next to us. At this point Deputy Mitchell refused to go on farther, until help arrived. The time was now 2:30 p.m. At 4:10p.m., the Dahl boy returned, accompanied by a deputy sheriff and a game warden.

“At this point it was decided to go around the field three on one side and two on the other. While making these plans, the game warden handed the Dahl boy an automatic revolver, so that he would not be totally unarmed while circling the cabin. It was agreed that the parties making the circle would meet on the far side of the field. It was easy to see that there were no doors or windows and that the cabin was unoccupied.

“At this point all four of the men lay down in the middle of the field of approximately 25 acres while I went over the tracks made by the Heaths in an effort to throw us off their tracks. It took me nearly ten minutes to solve the problem and again start on the right tracks. However, from here on the Heaths had been very careful so that they would not leave any marks. I was forced to leave all four men at times and go ahead alone until I was sure I was on the right tracks. On one occasion, I was entirely out of sight of the men behind me and at the time I heard the chopping, I was at least fifty feet ahead of the men. I motioned for them to come up and had them listen to the noise; also at this point the Dahl boy was asked by myself as to the whereabouts of a clearing claimed by him to be directly ahead and a little to our right. This caused me to leave the track at this point and proceed toward the supposed clearing. It did not prove to be a clearing, however, and in fact was a most dangerous kind of place to go into as it was a popple blowdown, where it was impossible for even the most skilled to advance without making lots of noise.

“My attention was directly ahead and Deputy Mitchell poked me in the ribs with his revolver and pointed out a smoke to me in the woods ahead and at an angle of about 30 degrees to the left. At this point, Deputy Mitchell stopped while I advanced about four steps and crouched down. On looking through the timber to the right of the fire, I saw a man walking and carrying a gun by the muzzle. At this time the Dahl boy, the game warden and the other deputy sheriff were entirely out of sight to our right and rear. I watched the man walk and carry the gun some ten to twelve feet and lean it against a tree. I was not sure at this time that this was the man I was seeking, as he was dressed entirely different than had been described to me. However, when he stopped and picked up a small axe and began driving a stake into the ground I was convinced he was one of the men we were looking for. I then called on him to “stick them up” and instead of complying with my request, he grabbed the gun and started running away from me. At the first move, he succeeded in getting two large trees between us, so that it was impossible for me to shoot. Seeing that he was coming into clear view ahead, I threw the gun up in his direction and looked around to see if I could see the other man who I had not seen up to this time, and noticed him in the act of raising his hands in the air as I had requested. He was seated on the blankets which they had spread for the night. Seeing that he was going to offer no resistance, I then gave the boy two distinct commands to halt, which he ignored and when he was to make the last jump that would have put him under cover in the brush, I fired. This was the first shot fired by anyone and when one stops to consider the place where it hit and took effect, it is plain foolishness to think that any one else of the posse ever fired at the boy.

“Realizing that the sound of shooting might cause the elder Heath to attempt to do something, I immediately ran to him and held the rifle against him, while I kicked his two rifles out of his reach. I then picked up the shells laying beside him, which shells I still have in my possession. At this time a shot was heard in the direction which the young man had run and it instantly dawned on me that I was in a dangerous position, if the boy was still alive. I then asked Deputy Mitchell to come and handcuff the prisoner, and he answered “to stay where I was” and he jumped back some ten feet to cover of the trees. The game warden, who also ran down behind me, turned and ran to shelter. It was impossible for me to leave the elder Heath, without giving him a good chance to escape or seize a gun and begin to fight. I then ordered him to stand up and I got behind him. He, then, began calling to the boy to give up and come in, but received no answer. After several calls, he turned to me and said, ‘If you will let me go out there I will make him come in.’ I said, ‘All right go, but remember I am with you and taking no chances.’ He then walked some 60 feet in the direction the boy had run, and all of a sudden the father said, ‘Oh! you have killed him. He then knelt and kissed the boy and immediately raised and said, ‘Well, you fellows have got to give it to him. He was sure a man. I asked him to leave me several times, and he refused, saying that he was going to stick to the end.’

“We then knew the shot we had heard from that direction was caused by the contracting of his muscles, as his head was more than half blown away. Deputy Mitchell then put the handcuffs on the elder Heath, the boy was covered up with blankets, and we returned to the camp to examine it. Hibbing Daily Tribune— Tuesday, July 1, 1930

“The general opinion was that these men were destitute of supplies. A hasty examination of the camp after the capture revealed the fact that the men had in their possession a quantity of matches, coffee, sugar, baking powder, lard, fly-dope, face cream, several pairs of woolen socks, each a heavy mackinaw, first class bedding, large and small axes, plenty of dishes with which to cook, an entire carcass of venison, two rifles, an automatic Winchester 12-gauge shot gun, an automatic revolver, and hunting knives, together with several hundred rounds of ammunition.

“After an examination of the camp, we started back to civilization with the prisoner. Before going very far he complained that he could not walk with the handcuffs on, so I made the suggestion that he be handcuffed to me and the change was made. We walked some three and a half or four miles in this fashion, when we were met by Sheriff Harmond of Itasca county, and Deputies McDermott and Mariani of St. Louis county, who immediately claimed the prisoner. The handcuff was then taken off my wrist and placed on the wrist of Deputy Mariani of St. Louis County, who proceeded with the prisoner to Virginia.

“The first time I ever saw the two dogs that are being given credit for tracking these men was when they were forced to lay in front of me in the Virginia court house while the pictures were being taken, and I was told by one of the posse that he had repeatedly seen them try to get the dogs to take the track and that they had refused.

“I would further like to ask at this time the question why did these dogs not run down these men before, as they were there the week before, when they were routed from the other camp, but had accomplished nothing. It is a fact that the entire posse was watching the vicinity of Silverdale store some nine or ten miles from where I captured the prisoners.

“I do not hesitate to state that Deputy Mitchell was the only one of the officers that was of any assistance to me if anyone was. The others simply added to my dangers.

“To go out into the woods and capture these men as I did calls for a brand of marksmanship surpassed by none and a knowledge of woodcraft than can be gained only by years spent in the open.

“Regarding to marksmanship, I will state at this time that I have in my effects at home, near Cass Lake, an honorable discharge from the military service of the United States, over thirty years old, on which is given my rating as a rifleman. This coupled with the fact that I have been a pioneer in Northern Minnesota since September 1899 with a gun in hands practically all of the time, will answer as to my ability as a marksman. If not, I can give plenty of reference from men of the highest type from several states.

“As to my knowledge of woodcraft, I also have in my effects at home my civil service rating in that line issued from Washington, D. C., in 1908, that as far as I have been able to learn is the highest examination for the position of U. S. forest ranger ever taken in the states, and my manner of living since then has constantly added to that knowledge.

“An inquiry into the records of Koochiching County will disclose the fact that I from now on must go through life marked as a man who killed Charles Heath, a boy, who the authorities had in fact nothing against. Already there are several who claim it was not justified. The records secured by the coroner was secured by him after questioning all five members at the finish except myself.

“I went to the Sheriff’s office in Hibbing on June 24 and told them what I could do and that I wanted nothing unless I could prove that I had earned it. And on June 25th at 4:10 p.m., I received a telephone call from the sheriff’s office asking if I still wanted to go and I at once left my employment and at 5:30 p.m. was on my way to the scene of action. I got within some 15 miles of Silverdale that evening and the morning of June 26 reached Silverdale store where I found a discouraged posse.

“At 9:00 a.m. of the 26th I left Silverdale and for three hours in company with Deputy Mitchell and the Dahl boy ran down the rumors given to me by the settlers. After eating dinner at the Dahl farm, I proceeded on my own theory. At approximately 5:10, June 26, I was on my way out of the wilderness with the man sought, handcuffed to me.

“As before stated, I left my employment and asked none being the only member not under pay and paying my own way, I was forced to go on this hunt dressed in my own clothes, which I ruined as my woods clothes were all at home, near Cass Lake, Minn., 100 miles away.

“On going on this hunt I was forced to leave home without a chance to say goodbye to them, my wife and six daughters.

This is an absolutely true and uncolored story of my part of the hunt. I was the man in the lead and dangerous position all of the time, but if there is anyone of the party who will shoulder the blot that is against me, and have his name placed on the records as the slayer of Charles Heath in place of mine, I will voluntarily surrender all claim to any part of the reward.

“The public has the statement made by the captured man that he could and did see and avoid the posse at all times easily and that he did not intend to be taken alive. When I pitted my thirty years of experience against his three, I felt fully confident to capture the man, otherwise I would never have attempted it.

“Some people have asked me why I did not relate the story before and to all I wish to say that my first thoughts were to keep it away from wife and girls that I had killed a man and further I saw so many people clamoring to tell the story and share in the glory if there was any to share in, that I became embarrassed and went where I would be little noticed and sat down.

“I wish to further say that Deputy Mitchell is the only member that rendered any assistance at the finish and I have it from him personally, that he was under salary and expense account and did not wish to share in the reward.

“I will also further state that he is the only man who has ever congratulated me and shook my hand and when all others deserted me, he said, “By God, Lydick, I’ll take you home as far as Hibbing anyway at my own expense,” which he did.

HORACE S. LYDICK