Jack McCarthy, alias Jim McPeak was one of the last of the cowboy desperadoes in eastern Montana and western North Dakota. McPeak was a much-feared outlaw who headed a cattle-rustling ring near Squaw Gap. People described him as being six feet tall, broad chested, weighed 185 pounds and was between 40 and 45 years old.

Sheriff Goodall left Dickinson with eight warrants for the arrests of men who were supposedly guilty of stealing or aiding others in stealing cattle and horses. Goodall accompanied by Sheriff Kennedy, Glendive, Sheriff J.W. Follias, Medora, Stock Inspector George Twible, Glendive, Stock Inspector Bill Smith, Miles City, Deputy J. Brown, Billings County, Deputies Ed Stone and Billy Chaloner, Dickinson, J.M. Uhlman, Manager of the Morning Star Cattle Co., Stark County and an unnamed federal marshal.

These men were described as good shots, used to the prairies and badlands. They knew when they left home they were taking their lives in their hands going after McPeak. McPeak had openly boasted he would kill any man or men who attempted to arrest him. Several warrants had been issued for McPeak before, but he always made good his escape. From Wibaux, Mont., the posse went out 60 miles slightly northeast to the Leakey, McDonald and Clark Ranch which was then in Billings county three miles from the Montana line. There they arrested McDonald also wanted on a charge of cattle stealing.

Goodall’s posse took McDonald into custody in the afternoon and it was believed that McPeak headquartered at his ranch, even though McPeak had a camp seven miles away. Stationed at McDonald’s ranch Goodall directed the men to unsaddle and wait.

Bill Clark, McPeak’s partner, and McPeak kept their stolen stock in a canyon on the east side of Bennie Pier Creek a mile from 101 headquarters. Sides of the canyon were so steep that it was only necessary to string a wire or two across the end to keep the horses. Clark had rustled a few head of cattle before joining McPeak in the Squaw Gap area.

Clark had been picked up in Montana on the previous day and was in jail at Beach. Mrs. Clark and her two children were at the ranch, where she presided over the house and served meals. She would not provide the officers with any information.

Not long after 6 p.m. officers recognized McPeak coming in on horseback. Mrs. Clark was to hang white dishtowels on the clothesline to warn McPeak of any danger but Goodall refused to let her out of the house. McPeak came riding up along the edge of the creek, not suspecting anything. He galloped within 60 yards of the ranch quarters, and then saw at a glance what was up. He reined up his horse a little and Goodall stepped out from behind the house and told McPeak to stop.

Veering his horse to gain time, McPeak spurred the animal into a dead run for a cut bank approximately a 100 yards away. Officers saw the dodge, grabbed their Winchesters and began firing. McPeak bent forward, hugging close to his horse. The horse was pierced with bullets 12 to 15 times.

Just as the horse was nearing the crest of the bank, McPeak was hit in the back on the left side about 10 inches below the shoulder with the bullet exiting just above the left nipple. McPeak fell from his horse and Goodall began running towards him. The outlaw appeared to be trying to pull himself together to fire both his rifle and a revolver from the ground where he lay. But before he could raise his arms to fire Goodall was upon him, grabbing his arms.

Officers said if McPeak could have reached the creek bottom he would have been out of sight from his pursuers for 200 yards or more and might have gotten away.

McPeak was taken to the house in his yellow chaps and was rolled in a blanket. During the last 10 hours of his life, McPeak lay outside cursing and swearing at the posse. He kept telling his ranching associate, McDonald, who had been arrested earlier, “Never give up anything.”

County Physician George A. Perkins, assisted by Dr. McKibbin, examined McPeak’s body at the undertaker rooms of Dr. H.A. Davis. They found that McPeak was hit only once, the fatal bullet passing very close to his heart.

It was believed that McPeak failed to fire back at the posse because there were children on the porch at the Clark home. While McPeak’s lawbreaking activities were quite frequent there was no evidence that he ever killed anyone.

No papers of any kind were found on McPeak, but stolen property was found at his camp and at the Leakey, McDonald and Clark Ranch. Officers had found nine horses, property of Attorney Haskill of Glendive. The brands had been worked over.

No one is sure of where McPeak was buried. Two old timers in the Squaw Gap recalled, “McPeak’s grave is on this very spot,” but both pointed to different areas. It was also believed McPeak was taken into Dickinson by the posse and buried in an unknown place.

EDITOR’S NOTE: Information compiled from the McKenzie County Farmer and the Minot Daily News.