The Story of Cole Younger Part 8

While I was on the Pacific slope, April 8, 1865, to be exact, the state of Missouri adopted what is known to the disgrace of its author as the Drake const.i.tution. Confederate soldiers and sympathizers were prohibited from practicing any profession, preaching the gospel, acting as deacon in a church, or doing various other things, under penalty of a fine not less than $500 or imprisonment in the county jail not less than six months.

Section 4 of Article 11 gave amnesty to union soldiers for their acts after Jan. 1, 1861, but held Confederates responsible for acts done either as soldiers or citizens, and Section 12 provided for the indictment, trial and punishment of persons accused of crime in counties other than the one where the offense was committed.

The result of this was that Missourians were largely barred by law from holding office and the state was overrun with "carpetbag" office-holders, many of whom came from Kansas, and during the war had been freebooters and bushwhackers up and down the Kansas border.

Organizing a posse from men like themselves, sheriffs or others pretending to be sheriffs would take their mobs, rout men out of their beds at night under service of writs, on which the only return ever made was a pistol shot somewhere in the darkness, maybe in the victim's dooryard, perhaps in some lonely country road.

Visiting for a time with my uncle on the Pacific slope, I returned to Jackson county in the fall of 1865 to pick up the scattered ends of a ruined family fortune. I was 21, and no man of my age in Missouri, perhaps, had better prospects, if I had been unmolested. Mother had been driven to a refuge in a cabin on one of our farms, my brother Jim had been away during the last few months of the war fighting in the army, and had been taken prisoner in Quantrell's last fight at Wakefield's house near Smiley, Ky. He was taken to the military prison at Alton, Ill., and was released in the fall of 1865, coming home within a few days of my return.

[Ill.u.s.tration: Jim Younger]

Jim Younger

Our faithful negro servant, "Aunt Suse," had been hung up in the barn in a vain endeavor to make her reveal the whereabouts of my mother's sons and money; my dead father's fortune had been stolen and scattered to the winds; but our farms were left, and had I been given an opportunity to till them in peace it would have saved four wasted lives.

In the summer of 1866 the governor of Kansas made a requisition on the governor of Missouri for 300 men, naming them, who had taken part in the attacks on Lawrence and other Kansas towns.

Attorneys in Independence had decided that they would defend, free of charge, for any offense except murder, any of the Jackson county boys who would give themselves up. No one did more than I to a.s.semble the boys at Blue Springs for a meeting to consider such course.

It was while at this that I saw Jesse James for the first time in my life, so that sets at rest all the wild stories that have been told about our meeting as boys and joining Quantrell. Frank James and I had seen service together, and Frank was a good soldier, too. Jesse, however, did not enter the service until after I had gone South in the fall of 1863, and when I saw him early in the summer of 1866 he was still suffering from the shot through the lung he had received in the last battle in Johnson county in May, 1865.

[Ill.u.s.tration: Jesse James and Frank James]

Jesse James (top) and Frank James (bottom)

The spectre of Paola now rose to haunt me. Although all the guerrillas knew who had killed young Judy, his father had secured my indictment in Kansas on the charge of murdering his son. Judy, who had returned to Missouri as the appointed sheriff of Ca.s.s county, had a posse prepared to serve a writ for me in its usual way-a night visit and then the pistol or the rope.

I consulted with old ex-Governor King at Richmond, who had two sons in the Federal army, one of whom I had captured during the war, although he did not know it at the time, and with Judge Tutt of this district.

Judge Tutt said there was no sheriff in this vicinity who would draw a jury that would give me a fair trial. If I should so make oath he, as judge, would appoint a jury commissioner who would summon a jury that would give me a fair trial, but he was confident that as soon as he did so mob law would be invoked before I could go to trial.

One man had been taken from the train and hung at Warrensburg and there had been many like offenses against former Confederate soldiers.

Judy had no legal rights in Jackson county, but in spite of that his posse started for the Younger farm one night to take me. George Belcher, a Union soldier, but not in sympathy with mob law, heard of Judy's plans, and through Sam Colwell and Zach Cooper, neighbors, I was warned in the evening of the intended raid. When they came I was well out of reach on my way to the home of my great-uncle, Thomas Fristoe, in Howard county.

Judy and his mob searched the house in vain, but they put up for a midnight supper which they compelled the faithful "Aunt Suse" to provide, and left disappointed.

Judy and his Kansas indictment were the entering wedge in a wasted life.

But for him and his mob law Mr. and Mrs. Cole Younger, for there was a dear sweetheart awaiting my return, might have been happy and prosperous residents of Jackson county from 1866 to this day.

It was while I was visiting my great-uncle in Howard county that there took place at Liberty the first of a long string of bank and train robberies, all of which were usually attributed either to the Younger brothers, or to some of their friends, and which we were unable to come out and successfully refute for two reasons, first the bringing down of a storm about the heads of those who had sheltered us; and second, giving such pursuers as Judy and his posse fresh clues to our whereabouts.

18. NOT ALL BLACK

From the ma.s.s of rubbish that has been written about the guerrilla there is little surprise that the popular conception of him should be a fiendish, bloodthirsty wretch.

Yet he was, in many cases, if not in most, a man who had been born to better things, and who was made what he was by such outrages as Osceola, Palmyra, and a hundred other raids less famous, but not less infamous, that were made by Kansans into Missouri during the war.

When the war ceased those of the guerrillas who were not hung or shot, or pursued by posses till they found the hand of man turned against them at every step, settled down to become good citizens in the peaceful walks of life, and the survivors of Quantrell's band may be pardoned, in view of the black paint that has been devoted to them, in calling attention to the fact that of the members of Quantrell's command who have since been entrusted with public place not one has ever betrayed his trust.

John C. Hope was for two terms sheriff of Jackson county, Mo., in which is Kansas City, and Capt. J. M. Tucker was sheriff at Los Angeles, California. Henry Porter represented one of the Jackson county districts in the state legislature, removed to Texas, where he was made judge of the county court, and is now, I understand, a judge of probate in the state of Washington. "Pink" Gibson was for several years county judge in Johnson county; Harry Ogden served the state of Louisiana as lieutenant-governor and as one of its congressmen. Capt. J. G. Lea was for many years instructor in the military department of the University of New Mexico, and, I believe, is there yet. Jesse Hamblett was marshal at Lexington, and W. H. Gregg, who was Quantrell's first lieutenant, has been thought well enough of to be a deputy sheriff under the administration of a Republican. Jim Hendricks, deputy sheriff of Lewis and Clark county, Montana, is another, but to enumerate all the men of the old band who have held minor places would be wearisome.

19. A DUEL AND AN AUCTION

I left Missouri soon after Judy's raid for Louisiana, spending three months with Capt. J. C. Lea on what was known as the Widow Amos' farm on Fortune fork, Tensas parish. We then rented the Ba.s.s farm on Lake Providence, in Carroll parish, where I stayed until 1867, when chills and fever drove me north to Missouri. When the bank at Russellville, Ky., was robbed, which has been laid to us, I was with my uncle, Jeff Younger, in St. Clair county, and Jim and Bob were at home here in Lee's Summit.

At the time of the Richmond and Savannah, Mo., bank robberies, in which, according to newspapers and sensationalists, I was largely concerned, I was living on the Ba.s.s plantation, three miles below Lake Providence, in Louisiana. Capt. J. C. and Frank Lea, of Roswell, N. M., and Tom Lea, of Independence, Mo., were living in the same house with me, any one of whom will vouch for the truth of my statement that I was not anywhere near either of these towns at the time of the robberies in question, but was with them at the plantation referred to above. Furthermore, right here I want to state, and I will take my oath solemnly that what I say is the truth, and _nothing but the truth, notwithstanding all the accusations that have been made against me, I never, in all my life, had anything whatever to do with robbing any bank in the state of Missouri_. I could prove that I was not in the towns where banks were robbed in Missouri, at the time that the raids took place, and in many instances that I was thousands of miles away.

In the fall of 1868 Jim and Bob went with me to Texas. Mother's health had failed perceptibly, the result in a large measure of her exposure at the time the militia forced her to burn her house, and we sought to make her a home in a milder climate in the southwest. The next two or three years we spent there gathering and driving cattle, my sister joining us and keeping house for us at Syene, Dallas county, where we made our headquarters.

I was at Austin, Texas, when the Gallatin, Mo., bank was robbed; another crime of which we have been accused by the romancers, though never, so far as I know, by the authorities.

In 1870 and 1871 Jim was deputy sheriff of Dallas county.

Jim and Bob sang in the church choir there until 1872, when Bob, who was only seventeen, and in love with one of the local belles, felt keenly the obloquy attaching to the accusation that his brother Cole had robbed the Kansas City fair, and left Dallas.

One of the lies that had been published broadcast concerning me is that I killed five men and shot five others in a row over a "jobbed" horse race in Louisiana. There is this much truth about it-there was a jobbed race, and after it I fought a duel, but not over the race.

In the crowd that was present at the race was one Capt. Jim White, to whom I had sent word during the war that when I met him again he would have to apologize or fight because of circulating some scandal about a young woman friend of mine.

White introduced himself to me after this race, where a friend of mine had been swindled out of considerable money, and we went over to a neighboring plantation to shoot it out. At the first fire his right arm was shattered at the shoulder. He thought he was fatally hurt, and so did I at first, and he called me over and said:

"Captain Younger, whether I die or not, I want to shake hands with you as a friend. I have had some differences of this sort with others and came out all right; people have sneered at my success and said, 'Wait till Cap'n Younger gets at you. He'll fix you!' So I finally made up my mind to fight you, right or wrong."

I told my friend who owned the plantation to take care of White, and I went to Texas to make in the cattle business some of the money I had lost trying to raise cotton. The next year I was over in Mississippi at a dance, and a young lady asked to be introduced to me.

Her name was White, and we had not talked long before she said:

"Mother says you've made a man of father."

Captain White had crossed the river, quit his drinking a.s.sociates, but I have never seen him since the day we shot it out.

This duel gave Cole Younger a reputation in that section which was of value to a poor preacher's widow near Bayou Macon some time later.

There was to be a sale of the property and effects of the Widow Hurley. I attended the sale, hitched my horse in the barn lot and was walking across the garden at the back of the house toward an open s.p.a.ce, where the crowd was gathered waiting for the auctioneer to open the sale. As I walked I came upon Mrs. Hurley, crying. "Good morning, Mrs. Hurley," I said, "I am sorry to see you in tears; what is the trouble?"

She explained that her husband had mortgaged the property and stock before his death and she had not been able to lift it, and they were about to be taken away from her. I asked her what the amount of the indebtedness was, and she told me $80. I took the money out of my pocket and gave it to her, and told her to bid it in when the time came, and I gave her the signal.