In the early evening hours of January 8, 1901, in Yuma, Arizona, Under Sheriff Matthew Devane, a 29-year-old male, was called upon to investigate the theft of a case of whiskey from a local saloon. Accompanied by the saloon owner, Paul Moretti, Devane proceeded down Main Street where they encountered three men suspected of the theft. As Devane began to question and search the individuals, one of them, later identified as Thomas Hart, suddenly drew a revolver and fired twice at the Under
Sheriff, striking him once. As Devane fell to the ground, the three men fled the scene.
Despite the immediate chaos, a massive search was launched by local citizens and law enforcement. The following morning, Sheriff Gus Livingston and his posses scoured the railroad yards and arrested fourteen individuals. From this group, Moretti positively identified Thomas Hart, John Cody, and James Wray as the men involved in the shooting, with Hart being the one who fired the fatal shot. While all three initially denied their involvement, Cody and Wray eventually confessed, implicating Hart as the shooter.
Thomas Hart was subsequently charged with and convicted of first-degree murder. He was sentenced to death by hanging. However, his legal appeals resulted in a stay of execution. Before the appeal could be fully resolved, Hart, along with another inmate, overpowered a guard and escaped from the Yuma prison on November 3, 1901. Their freedom was short-lived, as a posse caught up with them near Fortuna later that same day. In the ensuing gunfight, Thomas Hart was shot and killed.
