On Sep 23, 1893, James L. Lay received a patent on a homestead in the NW 1/4
of Section 31, Township 1 North,
Range 42 West 4 1/2 miles straight south of the
town of Laird. Since it normally took four to five years to "prove up" on a
homestead, that would indicate he originally filed on the land about 1888 or
1889. That is assuming it was a "homestead" not a "pre-emption".
January 6, 1899 "J.L. Lay moved into his new home this week."
In 1898 "J.L. Lay, J.H. Waters and James Drummond attended the G.A.R.
encampment at McCook this week."
In 1899 "James Lay is fencing the quarter section of land recently purchased
from Mr. Waters."
The Yuma County tax rolls have a James L. Lay listed for the years 1889 (when
the county was established) through at least 1901 with a mailing address of
Laird, Colorado. For 1890, the tax rolls also list an Elsie Lay who paid
personal property taxes that year with a Laird address.
In 1900 the Republicans nominated James L. Lay as a candidate for Yuma County
Commissioner.
Maggie proved up a homestead a few
miles southwest of James' in 1901 -
T1S R43W under the name Maggie L
Spriggs.
March 1908 "Mr. Dyer, a Wray liveryman, was in town (Laird) Wednesday
visiting his brother, James Lay."
1910 real estate transfers "James L. Lay to Charles A. McGrew, Lots in Laird,
$800"
The 1910 census has Jas. and Maggie are in Laird
precinct, with "own income" - they're on
the census between the Murdocks and
Andersons.
The photo below would be about 1911,
because the four people in the buggy are
Maggie, Pearl, Isabelle, and Maxine,. The two girls next to "Grandma Lay" are Maggie Spriggs'
daughters Lela and Tess.
Because of the 1910 Haigler Nebraska
item "Little Mary Spriggs is visiting
her grandma at Laird during Mr. and Mrs.
Spriggs absence. Pearl Schilt is
keeping house and looking after the
other children." the second woman
in the buggy might be that Pearl.
Miss Pearl Schilt was among those
attending the 1913 funeral of the
Spriggs daughter. (Footnote 1)
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I will make a couple of comments so you know the context of these pictures and what I can and cannot document. Most of the older family pictures I have are ones that I believe my dad, James Lay Sprigg, inherited from his sister Lela (Eulela) after she died. So most of the markings on them were, I believe, written by Lela.
The
first one I am sending is a nice picture of a
family outside a house with a horse-drawn
carriage. It carried a pencil notation
(presumably from Lela) saying only "Grandma
Lay." I presume this is a reference to Maggie
Lay's mother. Although there is no notation of exactly where the picture was taken (I assume it could have been the James L. Lay homestead), the frame says, "Wray Gallery, Wray, Colo."
PETER SPRIGG
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1913 "James Lay... was closing the deal with M.H. Wood, of Woodruff, Kansas,
but formerly of Laird, whereby Mr. Lay exchanged his farm five miles south of
Laird for a business building and residence in Woodruff, which are now occupied
by Mr. Wood. While here, Mr. Lay was a guest of his sister-in-law, Mrs.
Isabel Dyar and daughter, Miss Buna."
April 1914 Laird "James Lay has bought of Harry Brodn (sic) a fifty
foot lot adjoining his present houselot near the north end of Campbell Avenue,
for $90."
In 1917 "Mr. and Mrs. James Lay of Laird, sold their residence property in that
little city the latter part of last week to Mr. and Mrs. Gerald Burnett and are
contemplating leaving the first of April for Woodruff, Kansas, and will make
their home there for the future..."
In 1920 James and Mary are in
Granite, Phillips County, Kansas, with
no occupation. Granddaughter Edna
Lay is with them. twelve years old.
On the same census pages is Daughter
Maggie Sprigg, Homer, and their kids.
Hannah Emily Clark married Samuel Lay, 11 Apr 1836,
in Belmont County, Ohio. Samuel Lay died about 1849,
Hannah died about 1852, in Ohio. James L. Lay went
to live with Hannah's brother, Uriah Nelson and
Elizabeth "Coffland" Clark in Swan, Vinton County,
Ohio. 1860 census, Uriah Clarke abt 1816 Ohio. Uriah
Clark and Elizabeth Coffland were married 21 Sep
1837, Belmont County, Ohio. Mary Lay went to live
with Hannah's brother, Thomas George Washington and
Caroline "Powers" Clark in Ellison, Warren County,
Illinois. 1860 census, Thomas Clark abt 1813 Ohio.
Thomas George Washington Clark and Caroline Powers
were married 15 Aug 1839, Muskingum County, Ohio. If
you look there's more information on the families of
Uriah and Thomas Clark. I seriously doubt Joseph S.
Clarke was related to Elzy Lay.
 Phillips Co. Post, Phillipsburg, KS, Thur. June 23,
1921, page 3
...James L. Lay was born at Mount Pleasant, Ohio,
February, 14th, 1845 and died at his home at Woodruff,
Kansas, June 7th, 1921 at the age of seventy years,
three months and twenty three days. He was left an
orphan when only four years of age and made his home
with an uncle until he was seventeen. He then enlisted
as a volunteer private in the Civil War, and served his
country faithfully for three years. He received an
honorable discharge at the end of the war and was
returned to his old home in Ohio. On January 14, 1868 he
was united in marriage to Miss Mary Jane Ballew, and to
this union three children were born, all of whom, with
their mother survive to mourn the loss of a kind and
loving husband and father. In 1869 he moved to Illinois
and from there in 1872 to Southwest Iowa; and in the
year 1887 to the state of Colorado where he made his
home until four years ago, when he moved to his present
home in Woodruff, Kans. After having helped to blaze the
trail of civilization from Ohio to Colorado he will
always be remembered by all who knew him, as living an
honest, temperate, upright life; ready and willing at
any time to extend a helping hand to his fellow man.
While he was not a frequent churchgoer, he was dearly
loved by all, and considered a true Christian at heart,
because he always practiced what he preached....His two
stalwart sons, Encilay and Elzy supported their mother
in her grief. The daughter, Mrs. Maggie L. Sprigg was
confined to her bed with pneumonia and was unable to
attend the funeral services, which were held in the
Evangelical church last Saturday afternoon at two
o'clock. A mixed quartette furnished the music and Rev.
J. R. Bucknell of Alma preached the sermon. The church
was filled with neighbors and friends, and their
presence with the beautiful floral offerings bespoke the
high esteem with which the departed was regarded....The
body was laid to rest in the Woodruff Cemetery after his
old comrades had read the G. A. R. burial service. His
good wife, his two sons, one daughter, ten grand
children and two great grand children together with a
host of friends will miss him and mourn his loss.
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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
pardoned by
Governor
Miguel Antonio Otero
on January 10, 1906.[6]
Upon his release he
found his way to
Baggs, Wyoming,
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
Colorado River
Aqueduct system
in Riverside and
Imperial Valley just
north of the border
with Mexico. He and
Mary raised two
children, a son and
a daughter.
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| Ann Bassett Autumn of 1893
to 1895 - Ann leaves for a year
to attend St. Mary's of the
Wasatch Academy in Salt Lake
City, Utah. In her memoirs, she
says the
experience left "a deep
impression." Ann hosts the 1895
Thanksgiving dinner for
all the families in Brown's
Park. From her memoirs, Ann says
guests included
Matt Rash, Isom Dart, Elza Lay,
and Harry Roudenbaugh. If this
is the
Sundance Kid, she obviously
didn't know him very well.
Fremont Clipper no. 20
January 27, 1893, page 3 JWS
Deputy H. P. Brower and
Constable Allen Axe arrived
Thursday, with two prisoners, W.
E. Ley (Lay) and Frank Wilson,
charged with petit larceny. The
culprits were captured on the
North Fork of Owl creek and are
charged with the theft of a
Winchester rifle.
Fremont Clipper no. 21 February
03, 1893, page 3 JWS
W, E. Ley and Frank Wilson were
up before Judge Allen Tuesday
charged with petit larceny. A
change of venue was taken to the
court of Justice E. S. Cheney
and the case came up for trial,
Wednesday and a jury was
impaneled to hear and try the
case. This was a case where the
defendants were charged with
felonious taking of a gun with
intent to convert the same to
their own personal use, and the
and the circumstances as brought
out in evidence were about as
follows. James Carter was the
owner of the gun and had left it
with F. G. Burnett with
instructions to trade it for
certain different kind of gun.
Ley and Wilson, it seems, became
acquainted with this fact, and
going to Burnett, told him they
had a gun, the kind of one
Carter wished, and that Carter
had told them to leave it and
take the one at Burnett's.
Burnett hesitated but after
awhile consented and the
exchange was made. The rogues at
once started north, and soon
after Carter came upon the scene
and denied ever having
authorized the trade. A warrant
was sworn out and Ley and Wilson
were arrested. The jury after
hearing the evidence failed to
agree and were discharged. This,
however, does not end the case.
Unless there is a compromise of
some kind, the case will come up
again. The defense was made on
the ground of a trade, but
Carter says there was no trade
on his part, and Burnett says he
told the boys the gun they were
leaving was not worth the
cartridges they were getting
with Carters gun. The law in the
case is very plain and a second
jury will probably arrive at a
conclusion.
"Kinky" Wight remembers very
distinctly some of the Wild
Bunch who hung around Bill's.
For the most part they were a
likeable, friendly sort (all
except Isom Dart, the negro) and
pleasing and exciting to be
around, especially Elza Lay,
also known as Bill McGinnis.
Elza was a tall, slim, and
decidedly handsome Texan with
light brown hair and big, very
round hazel eyes. In a way he
was the "glassy-eyed" type -
shifty-eyed, too, for he never
cared to look you straight in
the eye. However, this last
characteristic gave the
impression of shyness rather
than dishonesty. Cassidy often
remarked that Elza was the only
educated member of the Bunch.
The ticklish train and bank
holdups where final success hung
by a thread were planned by Elza.
He indeed had a sharp, pinpoint
mind which was sadly wasted on
such an utterly useless career.
Besides this, he was unusually
good-natured and had charming,
half-bashful manners, and, like
Cassidy, was a master in the
handling of horses. He did a lot
of the breaking and training of
the outlaw hot-bloods.
Elza unquestionably was a
favorite with the girls, for
shy, mannerly men always seem to
possess a fatal attraction for
women the world over. When 24
years of age Elza fell in love
with and secretly married a
certain gay, blue eyed, brown
haired Maude Davis. She was a
sweet girl, very slender, very
pretty and very good. She loved
to dance and so did he, and it
was only natural that they fell
recklessly in love. It was after
marrying Maude that Elza
holed-up more at Bill Speck's
for he wanted to be near Vernal
where she was; and this thing
was not good for either of them.
"Last Frontier
by V. S. FitzPatrick
"It is not the purpose of this narrative to hash over the doings of Butch Cassidy, Tom Horn, Harry Tracy or others of the outlaws who were known in and often visited Brown’s Park. We will confine our narrative to such incidents as have not before appeared in print, and which we know tc be true. Leroy Parker came into Colorado from Utah. At Rock Springs he worked in a butcher shop and acquired the nickname “Butch.” As in so many cases, he acquired another name. He worked for a man named Cassidy, and so became known as Butch Cassidy. Under this name he became leader of a notorious gang of bank and train robbers, “The Wild Bunch.” When tame horses fell in with bands of wild ones they sometimes joined them. Such horses were said to have “gone to the wild bunch.” So the name of “Wild Bunch” came naturally. We knew Butch Cassidy and Elza Lay, one of his lieutenants. They came to our ranch about meal time and were invited in for dinner. We supposed them to be cowpunchers, but no matter what they might have been, they would have received the same treatment. Among other things mother served at the meal was “Dutch cheese.” Now, it is “Cottage cheese.” Cassidy had never before eaten it and really “made a pig of himself,” as he remarked. So every time the outlaw leader came to our table after that, he always asked mother if she had "any more of that sour cheese?” If she didn’t happen to have, it was the work of a few minutes to make some. We always had plenty of milk and usually some of it was clabber. Heated, strained through a cloth and seasoned and Butch’s “sour cheese" was ready. To quote Ann Bassett: “Some of Cassidy’s “Wild Bunch" were hard cases. But among them were a good many who under different circumstances might have been good boys. One such was Elza Lay.”
Steamboat Pilot, December 23, 1971
"When haying time drew near," related Ann "father sent a man with wagon to Rock Springs to get some hay hands. ‘When the crew of haymakers arrived at the ranch, among them was Elza Lay, a young, well-bred-appearing fellow with a winning smile and perfect manners. He was a capable workman, strong and active, with a gentle good-nature that won the hearts of old and young alike. Elza remained on the ranch for a year and he was the only Easterner we knew who was never bitten by the "cowboy bug." He had no desire to be a "top hand." "Young men by the score came to the Western ranches. At one time father had for "adjustment" a Clark and a Converse, sons of well-known railroad people, boys who had gotten out from under parental control by having too much money to spend. They were all good boys, but none were .scgenerallyliked as Elza Lay. When the year was up he went back to Rock Springs. Not long afterward rumor circulated that he had joined forces of Butch Cassidy and that they were carrying on a series of bank and train robberies. "Elza and Butch returned to Brown’s Park at times, but we did not pry into affairs concerning their private lives, for we were not the instigators of their short cut to riches and we did not channel the course they set "Friendly relations between the Brown’s Parkers and the bank robbers caused a great deal of comment. The question has frequently been asked: How could a people permit themselves to harbor the committers of crime without becoming involved in the deals?' The answer is simple. We were in a constant struggle to protect our own interests on the range where our living was at stake. Bank robbers were not a menace to our personal interests, and we had no reason to carry the ball for the banks and trains. We had a fair size job to do in itself. Law officers were elected and paid by the taxpayers to assume jurisdiction over legal matters of the country." After a year or two Elza Lay visited in Brown’s Park. The young people welcomed him enthusiasticallv: the older ones with more reserve. At a dance in his honor he met a beautiful girl from Vernal, Utah. Attraction must have been mutual After a clandestine courtship, aided and abbetted by the young people of the Park, especially Sam and Ann Bassett, a wedding was in the offing. Without the help of elders, and with the opposition of the girl’s people as an obstacle, it took much strategy to accomplish this. The girl, Mabel, rode her swimming horse across Green river and made her way to Big Springs in the Yampa canon where Lay was in hiding Later the bride-to-be rode her horse many miles to find a minister willing to make the trip and to perform the unorthodox ceremony. He too had to swim his horse across the Green. So, on a high mountainside, under a broad pine, with Ann Bassett as witness, the still dripping divine united in marriage the determined girl from Utah and the unreforming member of Butch Cassidy’s Wild Bunch Lay had told the girl of his way of life and even after marriage he did not change. Like most such people, he "justified" his lawless life by explaining that rich men had defrauded his widowed mother of a rich inheritance. His way of reprisal was to rob other people of their money.. > Unlike most stories of outlaws, that of Elza Lay had a happy ending. In later years he abandoned the outlaw trail, became a solid citizen in Southern California and raised and educated well a large family. Of Elza Lay we will come to know more in the future. "
Steamboat Pilot, December 30, 1971
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Summer of 1896 - Ann facilitates
several romantic meetings for
her friend
Elza Lay, and Maude Davis of
Ashley Valley, Utah. With Ann's
help, a local
minister is spirited to a quiet
meadow location along the Green
River to marry
the two. Maude would later say
that Etta was "the most
beautiful woman she
had ever known."
April 13, 1897.
Deputy Sheriff
William Deane
tries to arrest
Harvey Logan and
his gang at the
K-C ranch, and
is shot by
Logan.
Around the same
time, Maude
Davis is sent
home by Elza Lay
as he prepares
for the Pleasant
Valley Coal
Company robbery
with Butch.
Butch Cassidy, Bob Meeks and Elzy Lay robbed the Montpelier Bank on August 13, 1896 (the take was $7,165). The success of this robbery was due to the fact that Butch had scouted the town a few weeks before. On April 21, 1897, Butch, Elzy Lay and Joe Walker, traveled to a mining camp at Castle Gate, Utah and robbed a mining payroll. The take was just over $8,000 and the bandit's left without firing a shot. Butch then rode to a New Mexico ranch with Lay where the two of them took jobs as cowboys. When the money ran out, Butch and Lay left the ranch and rode back to Hole-in-the-Wall and gathered other outlaws to rob the bank at Belle Fourche, South Dakota. Joining Butch was Harvey Logan, Tom O'Day, Walt Putney, and Indian Billy Roberts. Again, no gunfire took place, and the take was almost $5,000.
Butch, George "Flat-Nose" Curry, Harvey Logan, Elza Lay, Lonny Logan, Ben Kilpatrick, Sundance Kid. (Harry Longbaugh), and Ben Beeson stopped the Union Pacific's Overland Flyer on June 2, 1899. The train came to a stop before a small trestle (that had been barricaded by the bandits). Butch ordered the engineer to uncouple the express car and move the rest of the train over the trestle. The engineer refused and Harvey Logan pistol-whipped him. This beating still did not persuade the engineer to move the train, so Lay jumped into the cab moved the train forward over the trestle. The bandits had placed a small charge of dynamite on the trestle and it blew just as the engine crossed the bridge. The separated express car was now left alone and the gang quickly surrounded it and called out to the guard inside, the man who identified himself as
Woodcock. When ordered to open the express car door, the guard yelled: "Come in and get me!" Dynamite was placed next to the door and the fuse was lit. The explosion ripped the express car in half and sent Woodcock flying out to ground. Harvey Logan running up to the badly injured Woodcock, pulled his gun and shouted: "This damned fellow is going to hell!" Cassidy interfered and said: "Now Harvey, a man with that kind of nerve deserves not to be shot." Meanwhile the rest of the bandits ran around picking up more than $30,000 in bank notes which, had been scattered by the explosion. This spectacular raid caused the Union Pacific to bring in the Pinkerton Detective Agency, which sent scores of agents after the outlaws. Dozens of posses led by such famous man hunters as Charles Siringo and N.K. Boswell, were on the trail of the gang. Cassidy decided that the best way for the outlaws to escape was for the Wild Bunch to split up. He, the Sundance Kid, who had become Cassidy's most loyal companion, and Ben Kilpatrick rode toward Hole-in-the- Wall while Logan, Curry, and Lay took a more circuitous route and were cornered by a large posse near Teapot Creek, Wyo.
The outlaws took refuge behind boulders while several posse men, including Sheriff Joe Hazen, charged their position. Hazen was shot off his horse, dead, by the sharp-shooting Harvey Logan. The outlaws then mounted their horses and, blazing away with their six guns, shot their way through the ranks of the disorganized lawmen. Logan and Curry rode on alone while Lay joined notorious bandits, Thomas "Black Jack" Ketchum and G.W. Franks, and held up a Colorado Southern train on July 11, 1899, at Twin Mountains, N.M., stealing $30,000.
The next day, the three bandits were surrounded at Turkey Creek Canyon, N.M., by a determined posse. A gunfight ensued and Lay was wounded twice and Ketchum once. The outlaws shot and killed Sheriff Edward Farr, Tom Smith, and W.H. Love before escaping. Ketchum was later captured and hanged for train robbery in a gruesome execution. Lay was trapped by lawmen in August 1899 and subdued after a desperate fight. He was given a life term and sent to the New Mexico Territorial Prison on Oct. 10, 1899.
Matilda Maude Davis was born November 15, 1874 at Wanship, Summit, Utah to
Allen Wells Davis (born December 1841 New York, died 1923 Wyoming) and Matilda
Ann Robinson (born September 1851 England, emigrated 1856, died 1927 Wyoming).
Preferred the first name Maud.
First found in the 1880 census living at Ashley, Uintah, Utah with her parents
and siblings: Allen Davis 38, Matilda Davis 28, Nathan Davis 9, Albert Davis
7, Maud Davis 5, Isabel Davis 3, Frank Davis 1.
Mathilda Maude Davis was married 4 times.
Her first marriage was to William Ellsworth Lay (Elzy Lay) in 1896 at the age
of 22 at probably Vernal, Utah. The couple had one daughter, Marvel Matilda
Lay (born August 6, 1897 Vernal, Uintah, Utah, married Joseph Thomas Murdock
July 1, 1918 Heber City, Wasatch, Utah, died November 25, 1983 Heber City,
Utah).
Stories say Maude wanted Elzy to stop running with Butch Cassidy's Wild Bunch
gang. Believe Maud divorced Elzy, took their daughter and returned to live
with her parents.
Maud married the second time to Oran Lillard Curry (1862-1903) on August 15,
1898 at age 24 at Grand Junction, Mesa, Colorado.
They had two sons: Oran Earl Curry (1899-1965) and Allen Lewis Curry (1902-1975).
Oran had had a previous relationship with a Ute Indian lady and fathered two
children with her, do not believe they were officially married.
Family found in the 1900 census living at Vernal, Uintah, Utah on her parent's
ranch: Allen W Davis 58, of New York; Matilda Davis 48 of England; son Albert
L Davis 27 (born Nov 1872 Utah); son Frank E Davis 21 (born Jan 1879 Utah);
daughter Florence B Davis 18 (born June 1881 Utah); daughter Iva C Davis 15
(born May 1885 Utah); son Guy A Davis 8 (born July 1891 Utah); Oran Lillard
Curry 36 (born November 1863 Kentucky, son in law, married 2 years, day
laborer);
Matilda Maud Curry 25; Marvel Lay 2 (says grandson in error, Marvel
was female, born August 1897); Oran E Curry 5/12 (5 months), grandson born
December 1899, Utah); George M Robinson 83 (father in law, miller), Matilda
Robinson 75 (mother in law).
Oran Lillard Curry died February 15, 1903 at Uintah, Utah.
Matilda Maud Curry married her third time to John Samuel McDougall (born March
15, 1859 Canada, died October 9, 1909 Vernal, Utah) on August 9, 1906 at age
31 at Vernal, Uintah, Utah. The couple had one son, John Edward McDougall, Jr.
(born July 19, 1970 Jensen, Uintah, Utah, died January 27, 1926 Heber City,
Wasatch, Utah).
Matilda found in the 1910 census agan living with her parents (widowed) at
Vernal, Uinta, Utah: Allen Davis 68, Matilda A Davis 58, Guy Davis 18, Maud
Mcdougall 35, Edward McDougall 2, Marvel Curry (surname should be Lay) 12,
Oran Curry 10, Allen L Curry 8.
Maud McDougall married a fourth time to Albert Benton Atwood (born October 14,
1867 Springville, Utah, died February 20, 1926 Vernal, Uinta, Utah) on January
7, 1912 at age 37 at Vernal, Uintah, Utah.
Albert had been married previously to Nancy Hawes (1840-1904) but had no
children with Nancy.
Albert and Maud had a son, Albert Benton Atwood Jr (born November 24, 1912
Hanna, Duchesne, Utah, died July 21, 1981 Mesa, Maricopa, Arizona).
Family found in the 1920 census living at Hanna, Duchesne, Utah: Albert B
Atwood 52, Matilda Atwood 45, Edward Jno Atwood (surname should be McDougall)
12, Albert B Atwood 7.
Widowed for the third time in 1926, Maud Atwood is found in the 1930 census
living with her daughter Marvel and family at Heber City, Wasatch, Utah:
Joseph F Murdock 45, Marvel Murdock 32, Don Murdock 6, Harvey Murdock 4 8/12,
Robert Murdock 1 5/12, Matilda Atwood 55.
Finally found in the 1935, 1940 censuses living at Duchesne, Utah: Maud Atwood
age 67.
Mathilda Maude Davis Lay Curry McDougall Atwood died July 22, 1958 at Heber
City, Wasatch, Utah and was buried at the Heber City Cemetery there.
Maud can be found at Find a Grave (FAG) Memorial #61254101.
Husband 1, William Ellsworth Lay FAG #:14670102.
Daughter Marvel Lay's FAG #: 35452076.
Husband 2, Oran Lillard FAG#: 5527621.
Son, Oran E Curry FAG#:61264089.
Son, Allen L. Curry FAG#: 61264183.
Husband 3, John Samuel McDougall FAG#:5527999.
Son, John Edward McDougall FAG#:61254268.
Husband 4, Albert Benton Atwood FAG#: 58670369.
Son, Albert Benton Atwood JR FAG#:61807451.
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Matilda
Maude Davis - their daughter was Marvel
Lay
The
marriage was in Vernal Utah in 1899
