The Story of Cole Younger Part 10

One day, while they were all in a gay mood, John shot the pipe out of the mouth of a fellow named Russell. Russell jumped up and ran out of the room.

"Don't kill him," shouted the crowd in ridicule, and John fired several random shots to keep up the scare.

Russell swore out a warrant for John's arrest, and next morning, Jan. 17, 1871, Capt. S. W. Nichols, the sheriff, and John McMahon came up to the house to arrest him. John made no resistance and invited the officers to breakfast, but they declined and went back down town. Thompson McDaniels called John's attention to the fact that a guard had been stationed over his horses, and they walked down town together. Tom and John drank some whisky, and while they were waiting Nichols and his party had taken on some too.

"What did you put a guard over my horses for?" asked John, when he entered the room where Nichols was.

"I did not put any guard over your horses," replied Nichols.

"You're a--liar," continued John, "I saw them there myself."

At this another Russell, a brother of the one whose pipe had been shot out of his mouth, opened fire on John and wounded him in the arm. Thomp.

McDaniels shot Capt. Nichols, and in the melee McMahon was shot, as far as I have ever been able to learn, by my brother.

John and McDaniels went out, took the officers' horses and rode to Missouri.

It developed after the shooting that the same Russell who had opened fire on John had placed the guard over the horses, and that Capt. Nichols had not known of it.

I was away in Louisiana at the time, but on my return several attorneys offered to defend John if he would return for trial, but after a visit at the home of our uncle in California he returned to Missouri in the winter of 1873 and 1874, just in time to be suspected of the train robbery at Gad's Hill, on the Iron Mountain road.

John and Jim were visiting at the home of our friend, Theodoric Snuffer, at Monegaw Springs, St. Clair county.

Man-hunters had sought us there on a previous occasion when we were all four there. We had come upon the party of 15 suddenly, and I covered them with a shot-gun, demanded their surrender, and explaining that we had not robbed anybody, and wanted to be treated as decent citizens, approached by officers of the law in the regular manner if we were accused, restored their arms to them, and they went back to Osceola.

March 11, 1874, J. W. Whicher, a Pinkerton detective from Chicago, who had been sent out to arrest Frank and Jesse James at Kearney, was found dead in the road near Independence, and W. J. Allen, otherwise known as Capt.

Lull, a St. Louis plain-clothes cop who pa.s.sed by the name of Wright, and an Osceola boy named Ed. Daniels, who was a deputy sheriff with an ambition to shine as a sleuth, rode out to find Jim and Bob at the Springs.

The boys, advised of their coming by a negro servant, sought to convince them, as we had the earlier posse, that they could not have had anything to do with the affair at Gad's Hill. But Allen, remembering the recent fate of Whicher, drew his pistol and shot John in the neck. John returned the fire and killed Daniels and took after Allen. Side by side the horses galloped, John firing at the detective till he fell from the saddle mortally wounded. John turned to ride back to where Jim was, when he toppled from his saddle and was dead in a few minutes.

The St. Louis detective had fled at the first fire, and lived to tell graphic stories of how it all happened, although he was really too busy getting out to know anything about it.

22. AMNESTY BILL FAILS

The killing of Lull, Daniels and Whicher within a single week was undoubtedly exasperating to the head of the Pinkerton agency, and had he not been personally embittered thereby he probably would not have avenged it so terribly.

In the next January, 1875, a posse of Pinkerton men and others, guided by Daniel H. Asker, a neighbor of the James boys, proceeded to their home near Kearney and threw a bomb into the house where the family was seated.

An eight-year-old half-brother of Frank and Jesse was killed, their mother, Mrs. Samuels, had one arm torn off, and other members of the family were more or less injured. But Frank and Jesse were not taken.

There had been a feeling among many people in the state even before that these detectives were unjustly pursuing some of the Confederate soldiers, and I have been told since that Gov. Silas Woodson was on the eve of interfering with Pinkerton's men when news came that two of them had been killed in an encounter with John and Jim Younger.

At any rate the death of the innocent little Samuels boy made still more p.r.o.nounced this feeling against the operations of the detectives, and in favor of the members of the Confederate army who had been outlawed by Fremont, Halleck, Ewing and the Drake const.i.tution, ungenerously, to say the least.

This feeling found definite expression shortly after the raid on the Samuels home in the introduction of a bill in the Missouri legislature offering amnesty to the Younger and James brothers by name, and others who had been outlawed with them by proclamation, from all their acts during the war, and promising them a fair trial on any charge against them arising after the war.

The bill was introduced in the house by the late General Jeff Jones, of Callaway county, where my brothers and myself had many friends, and was, in the main, as follows:

"Whereas, by the 4th section of the 11th article of the Const.i.tution of Missouri, all persons in the military service of the United States or who acted under the authority thereof in this state, are relieved from all civil liability and all criminal punishment for all acts done by them since the 1st day of January, A.D. 1861; and,"

"Whereas, By the 12th section of the said 11th article of said const.i.tution provision is made by which, under certain circ.u.mstances, may be seized, transported to, indicted, tried and punished in distant counties, any confederate under ban of despotic displeasure, thereby contravening the Const.i.tution of the United States and every principle of enlightened humanity; and,"

"Whereas, Such discrimination evinces a want of manly generosity and statesmanship on the part of the party imposing, and of courage and manhood on the part of the party submitting tamely thereto; and,"

"Whereas, Under the outlawry p.r.o.nounced against Jesse W. James, Frank James, Coleman Younger, James Younger and others, who gallantly periled their lives and their all in defense of their principles, they are of necessity made desperate, driven as they are from the fields of honest industry, from their friends, their families, their homes and their country, they can know no law but the law of self-preservation, nor can have no respect for and feel no allegiance to a government which forces them to the very acts it professes to deprecate, and then offers a bounty for their apprehension, and arms foreign mercenaries with power to capture and kill them; and,"

"Whereas, Believing these men too brave to be mean, too generous to be revengeful, and too gallant and honorable to betray a friend or break a promise; and believing further that most, if not all of the offenses with which they are charged have been committed by others, and perhaps by those pretending to hunt them, or by their confederates; that their names are and have been used to divert suspicion from and thereby relieve the actual perpetrators; that the return of these men to their homes and friends would have the effect of greatly lessening crime in our state by turning public attention to the real criminals, and that common justice, sound policy and true statesmanship alike demand that amnesty should be extended to all alike of both parties for all acts done or charged to have been done during the war; therefore, be it"

"_Resolved by the House of Representatives, the Senate concurring therein,_ That the Governor of the state be, and he is hereby requested to issue his proclamation notifying the said Jesse W. James, Frank James, Coleman Younger, and James Younger and others, that full and complete amnesty and pardon will be granted them for all acts charged or committed by them during the late civil war, and inviting them peacefully to return to their respective homes in this state and there quietly to remain, submitting themselves to such proceedings as may be inst.i.tuted against them by the courts for all offenses charged to have been committed since said war, promising and guaranteeing to each of them full protection and a fair trial therein, and that full protection shall be given them from the time of their entrance into the state and his notice thereof under said proclamation and invitation."

It was approved by Attorney-General Hockaday, favorably reported by a majority of the committee on criminal jurisprudence, but while it was pending Farmer Askew, who had piloted the detectives in their raid on the Samuels residence, was called to his door at night and shot and killed by unknown parties.

The bill was beaten, Democrats and Confederate soldiers voting against it.

For myself, the only charge against me was the unwarranted one of the killing of young Judy during the war, but the failure of the bill left us still under the ban of outlawry.

23. BELLE STARR

One of the richest mines for the romancers who have pretended to write the story of my life was the fertile imagination of Belle Starr, who is now dead, peace to her ashes.

These fairy tales have told how the "Cherokee maiden fell in love with the dashing captain." As a matter of fact, Belle Starr was not a Cherokee.

Her father was John Shirley, who during the war had a hotel at Carthage, Mo. In the spring of 1864, while I was in Texas, I visited her father, who had a farm near Syene, in Dallas county. Belle Shirley was then 14, and there were two or three brothers smaller.

The next time I saw Belle Shirley was in 1868, in Bates county, Mo. She was then the wife of Jim Reed, who had been in my company during the war, and she was at the home of his mother. This was about three months before the birth of her eldest child, Pearl Reed, afterward known as Pearl Starr, after Belle's second husband.

In 1871, while I was herding cattle in Texas, Jim Reed and his wife, with their two children, came back to her people. Reed had run afoul of the Federal authorities for pa.s.sing counterfeit money at Los Angeles and had skipped between two days. Belle told her people she was tired roaming the country over and wanted to settle down at Syene. Mrs. Shirley wanted to give them part of the farm, and knowing my influence with the father, asked me to intercede in behalf of the young folks. I did, and he set them up on the farm, and I cut out a lot of the calves from one of my two herds and left with them.

That day Belle Reed told me her troubles, and that night "Aunt Suse," our family servant, warned me.

"Belle's sure in love with you, Cap'n Cole," she explained. "You better be careful."

With that hint I thereafter evaded the wife of my former comrade in arms.

Reed was killed a few years later after the robbery of the stage near San Antonio, and Belle married again, this time Tom Starr or Sam Starr.

Later she came to Missouri and traveled under the name of Younger, boasted of an intimate acquaintance with me, served time in state prison, and at this time declared that she was my wife, and that the girl Pearl was our child.

At this time I had no knowledge of any one named Belle Starr, and I was at a loss as to her ident.i.ty until the late Lillian Lewis, the actress, who was related to some very good friends of our family, inquired about her on one of her tours through the southwest. Visiting me in prison, she told me that Belle Starr was the daughter of John Shirley, and then for the first time had I any clue as to her ident.i.ty.

Her story was a fabrication, inspired undoubtedly by the notoriety it would give her through the Cherokee nation, where the name of Younger was widely known, whether fortunately or unfortunately.