Payne tried a third time to enter the Unassigned Lands. In December, Payne and his group moved along the northern border of Indian Territory. They were followed by a unit of cavalry under the command of Colonel J.J. Copinger. Copinger warned Payne that if he crossed the border that they would be "forcibly resisted." As the number of Boomers grew as people joined Payne, they sent a messenger to President Hayes asking permission to enter Indian Territory. After weeks of no response, Payne led his followers to the Unassigned Lands. Once again, they were arrested and Payne was sent back to Fort Smith. He was found guilty and sentenced to pay a $1,000 fine. Upon his release, he returned to Kansas, where he spent the next four years trying to open Oklahoma.