Retrial
Fearing for his safety, McCall soon left the area and headed into Wyoming, where he repeatedly bragged about the details of how he had killed Hickok in a "fair" gunfight. Unfortunately for McCall, the Wyoming authorities refused to recognize the result of McCall's acquittal on the grounds that the court made up in Deadwood had no legal jurisdiction. Because Deadwood was not under a legally constituted law enforcement or court system, the Wyoming officials contended that McCall could legally be tried again. Agreeing, the federal court in Yankton, Dakota Territory, declared that double jeopardy did not apply.
McCall was tried again in Yankton for Hickok's murder, and quickly found guilty. After spending almost three months in jail, he was hanged on March 1, 1877 at the age of 24. He was buried in the Roman Catholic cemetery. The cemetery was moved in 1881, and McCall's body was exhumed and found to have the noose still around his neck. The killing of Hickok and the capture of McCall is reenacted every summer evening in Deadwood. McCall was the first person to be executed by federal officials in the Dakota Territory.
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