In 1867 McWaters became a suspect in the murder of
General Joseph Bailey, sheriff of Bates County. When a citizen recognized McWaters as he and a friend sojourned at
Humansville, a posse was formed shortly after the two had hastily left town. The chase ended a few hours later at a roadside way station where the pair was ordered to surrender. Just as it appeared he would comply, McWaters jumped on his horse and escaped in a hail of bullets. An 1875 account alleges that at some point after the war's end McWaters returned to Platte City where he opened a saloon. Trouble soon followed though, when McWaters fatally shot a man during a dispute and his friend John Taylor was shot and killed by a policeman. It is unclear whether these shootings were part of the same event. McWaters escaped to
St. Joseph, Missouri where it is alleged he shot the policeman in a gun battle that "took" the life of Fletch Taylor. {In fact Charles Fletch Taylor died in 1912} McWaters then fled to Wyoming, where he married Susie Davis, Fletch Taylor's former fiancée on December 31, 1868, in
Otoe County, Nebraska. In early February 1873, McWaters and two other men, Woodson and Lacy, had a quarrel with the Wyoming, Nebraska deputy postmaster, a Dr. Wolf (or Wolfe) and later severely assaulted him while he was alone in the post office. The group then rifled through the mail only leaving after failing to find anything of value. A few days later, Granville Hail, a
United States Marshall, arrived in town to arrest the trio. The arrest went badly though as Hail was wounded and Dr Wolf killed in the pursuing gun fight. Later McWaters was arrested in St. Louis and brought back to Nebraska where, for some reason, the charges were eventually dropped. In February 1874, McWaters and a man named John Crook were arrested after a shooting in
Nebraska City that killed Rudolf Wirz, a store clerk and wounded two others, including the store's owner, Peter Dold. The two were captured in Iowa a few days later and held over for trial. McWaters and Crook later made their escape after wrestling a gun away from a guard during a shift change and with the help of friends fled to the sanctuary of
Indian Territory. The pair soon parted company after a quarrel and McWaters decided to head for
Hays City, Kansas where he was recognized and once again arrested. At the time, the cell he was placed in was still under construction and when an opportunity arose while standing near his guard and two workers, McWaters managed to lock the cell door on the three and escape on the back of the local postmaster's horse. For a short period McWaters hid among the
Niitsítapi People in Nebraska or Wyoming, but this came to an end after he killed a warrior during a dispute over a bottle of whiskey. His journey next brought him to
Sparta, Oregon where a relative of his resided and he would shoot in the back George Weed, a former Union soldier, after becoming enraged over a gambling dispute and the brass Union Army buttons the man wore on his coat. ==Capture==