The Trials of Jack McCall
The day after murdering Hickok, McCall was brought before an impromptu court of leading businessmen and miners filling the roles of judge, jury, and prosecutor. McCall presented the defense that he had acted in revenge, since Hickok had killed his brother years earlier. McCall claimed that Hickok had killed his brother while in Abilene, which may have been true, according to some accounts. The court debated for just over two hours before finding McCall not guilty of murder, despite the fact that Hickok never saw his killer approach and had no opportunity of defending himself. McCall was allowed to go free, and fearing for his safety in Deadwood, the killer left for the Wyoming Territory.
In Wyoming he openly bragged about killing Hickok, and when word of how the event transpired reached authorities there, he was arrested and charged with the murder again. Federal authorities cited that there was no double jeopardy because Deadwood was itself an illegal entity (on Indian land), and thus had no authority in the law. McCall was tried for the murder in Yankton, Dakota Territory, and found guilty of murder, for which he was hanged on March 1, 1877. Hickok was buried in Deadwood’s Mount Moriah cemetery. McCall was buried in Yankton, the rope still around his neck.