The first herds of Texas cattle were driven to Abilene in 1867 over a new cattle trail that became widely known as The Chisholm Trail. Eighteen to 20,000 head of cattle were shipped from Abilene’s Great American Stock Yards that fall. Each year more and more cattle were driven north, overwhelming Abilene’s shipping facilities.

The glut of cattle increased the need for alternate facilities in other towns with rail service. Well to the north, cattle could be loaded onto Union Pacific cars at Schuyler, Neb.

As settlement pressed westward, drovers pushed and their wild longhorn cattle to new trails and new destinations. In Nebraska, the Burlington & Missouri River Railroad built from Omaha to Kearney Station in 1872. A collection of frontier adobe structures west of Fort Kearny, known as Kearney City, with a second “e” in the spelling of the name, moved to the railroad depot of Kearney Station. The “City” was dropped from the name and Kearney, Neb., gained rail service. By 1874 Kearney dominated the Nebraska cattle market, but Kearney citizens found themselves overwhelmed by the Texas cowboys and their wild celebrations.

In October, things came to a head in a backand-forth battle between citizens and Texans. Several Texans were wounded, and one killed in “the Great Kearney War.” Even so, the Texans weren’t completely intimidated and although the cattle herds became a rare sight, the Texas trailing contractors “Millett & Mabry” drove horses to Kearney in 1875. There they hoped to pedal their excess horses to settlers and businessmen.

The Kearney War seemed to be forgotten in September of 1875 as farmers eagerly purchased left over horses from the season’s cattle drive to the Dakotas.

Unfortunately, the open range was being taken up by farmers. With dwindling access to free range grazing, a number of horses found their way into Milton M. Collins’ cornfield. Collins collected about 25 head and held them in lieu of a damage payment from the drovers.

A confrontation was in the works and Jordon P. Smith, the foreman for the horse outfit, was ready to oblige. Captain Millett ran a “tough outfit” and no one stood in the way when a Millett outfit was in the saddle. Smith was about to educate Milt Collins to that effect.

Smith led his men toward the Collins place at high noon on Sept. 17, 1875. Collins saw them coming. Not wanting to be “talked down to,” the bold Nebraska farmer rode to meet them on horseback. As the drovers pulled up in front of Collins, the courageous homesteader told Smith that $20 would cover the damages the horses had done to his crops.

The damage fee was nominal to say the least, but Smith wasn’t going to agree that easily. More than likely the foreman didn’t want to “cow down” and admit defeat to a farmer. He began negotiating with Collins but found him unwilling to compromise. Collins certainly knew that the 25 horses were worth much more than $25 and as long as he held them he had foreman Smith over a barrel.

A flash of frustration lit the cowboy’s fuse as Smith spurred his horse forward, instantly pulling his six-shooter. With Smith’s horse alongside

‘Cowboy’ Jim Gray

The Way West of Collins’ horse the surprised farmer felt the barrel of the Smith’s pistol pressed firmly against his head. Smith shouted, “If you say another word, I’ll blow your brains out!”

The rest of the cowboys took their cue from the foreman and carefully urged their horses toward the corral. Collins’ wife and father, the Rev. Asbury Collins, watched from inside the farmhouse as he told Smith that he was going to dismount and go into the house. Smith insisted that Collins stay in the saddle. But Collins swung from the saddle and ran for his life as bullets split the air around him. He fell to the floor just inside the door. One shot had “met its mark.”

Smith and his drovers gathered the horses as if nothing had happened and started them toward camp. Authorities at Kearney were quickly notified. Before the drovers could return to camp they were surprised to see the posse bearing down on them at a fast clip.

Part of the Cowboys split off, Indian style, from the main herd. The posse also split. A little farther down the trail they all came back together again. The pony herd was easily overrun. Smith and his “bold” cowboys were caught red-handed, and they knew it. No one put up a fight.

Jordan Smith was taken into custody. Several trials later the bold Millett foreman was sentenced to 30 years in the penitentiary. The charge was murder in the second degree from an unfortunate reckoning with Milt Collins on The Way West.

“The Cowboy,” Jim Gray can be reached at 220 21st RD, Geneseo, KS. Phone (785) 531-2058 or kansascowboy@kans. com.