The Story of the Outlaw Part 10

"They finally found Wilc.o.x, I do not know just where, but they stood him up within fifteen feet of where I was lying feigning death. They asked Wilc.o.x what he had been doing there, and he replied that he had just been down on the Strip looking around.

"'That's a d.a.m.ned lie!' replied Robinson, the head executioner. As he spoke, he raised his Winchester and fired. Wilc.o.x fell, and as he lay he moaned a little bit, as I heard:

"'Put the fellow out of his misery,' remarked Robinson, carelessly. Some one then apparently fired a revolver shot and Wilc.o.x became silent.

"Some one came to me, took hold of my foot, and began to pull me around to see whether I was dead. Robinson wanted it made sure. Chamberlain, my executioner, said, 'He's dead; I gave him a center shot. I don't need shoot a man twice at that distance.' Either Chamberlain or some one else took me by the legs, dragged me about, and kicked me in the side, leaving bruises which were visible for many days afterwards. I feigned death so well that they did not shoot me again. They did shoot a second time each of the others who lay near me. We found seven cartridges on the ground near where the killing was done. Eaton was shot at a little distance from us, and I do not know whether he was shot more than once or not.

"The haymakers were now in trouble, and said that they could not go on putting up their hay with the corpses lying around. Robinson told them to hitch up and follow the Hugoton party away. They did this, and after a while I was left lying there in the half-moonlight, with the dead bodies of my friends for company.

"After the party had been gone about twenty minutes, I found I could get on my feet, although I was very weak. At first, I went and examined Wilc.o.x, Cross, and Hubbard, and found they were quite dead. Their belts and guns were gone. Then I went to get my horse. It was hard for me to get into the saddle, and it has always seemed to me providential that I could do so at all. My horse was very wild and difficult to mount under ordinary circ.u.mstances. Now, it seemed to me that he knew my plight. It is certain that at that time and afterwards he was perfectly quiet and gentle, even when I laboriously tried to get into the saddle.

"At a little distance, there was a buffalo wallow, with some filthy water in it. I led my horse here, lay down in the water, and drank a little of it. After that I rode about fifteen or sixteen miles along a trail, not fully knowing where I was going. In the morning, I met constable Herman Cann, of Voorhees, who had been told by the Haas party of the foregoing facts. Of course, we might expect a Hugoton 'posse' at any time. As a matter of fact, the same crowd who did the killing (fifteen of them, as I afterwards learned), after taking the haymakers back toward the State of Kansas, returned on their hunt for one of Short's men, who they supposed was still in that locality. It was probably not later than one or two o'clock in the morning when they found me gone.

"Our butchers now again sat down on the ground near the bodies of their victims, and they seem to have enjoyed themselves. There was talk that some beer bottles were emptied and left near the heads of their victims as markers, but whether this was deliberately done I cannot say.

"Constable Cann later hid me in the middle of a cornfield. This, no doubt, saved my life, for the Hugoton scouts were soon down there the next morning, having discovered that one of the victims had come to life. Woodsdale had sent out two wagons with ice to bring in the bodies of the dead men, but these Hugoton scouts met them and made them ride through Hugoton, so that the a.s.sembled citizens of that town might see the corpses. The county attorney, William O'Connor, made a speech, demanding that Hugoton march on Woodsdale and kill Wood and Ed Short.

"By this time, of course, all Woodsdale was also under arms. My friends gathered from all over the countryside, a large body of them, heavily armed. Mr. Cann, the constable, had tried to take me to Liberal, but I could not stand the ride. I was then taken to the house of a doctor in the settlement at LaFayette. On the second night after the ma.s.sacre I was taken to Woodsdale by about twenty of the Woodsdale boys, who came after me. We arrived at Woodsdale about daybreak next morning. In our night trip we could see the skyrocket signals used by the Robinson-Cook gang.

"After my arrival at Woodsdale, it might have been supposed that all the country was in a state of war, instead of living in a time of modern civilization. Entrenchments were thrown up, rifle pits were dug, and stands established for sharp-shooters. Guards were thrown out all around the town, and mounted scouts continued to scour the country. Hugoton, expecting that Woodsdale would make an organized attack in retaliation, was quite as fully fortified in every way. Had there been a determined leader, the bloodshed would have been much greater. Of course, the result of this state of hostilities was that the governor sent out the militia, and there were investigations, and, later on, arrests and trials. The two towns literally fought each other to the death.

"The murder of Sheriff Cross occurred in 1888. The militia were withdrawn within about thirty days thereafter. Both towns continued to break the law--in short, agreed jointly to break the law. They drew up a stipulation, it is said, under which Colonel Wood was to have all the charges against the Hugoton men dismissed. In return, Wood was to have all the charges against him in Hugoton dismissed, and was to have safe conduct when he came up to court. Not even this compounding of felony was kept as a pact between these treacherous communities.

"The trial lagged. Wood was once more under bond to appear at Hugoton, before the court of his enemy, Judge Botkin, and among many other of his Hugoton enemies. On the day that Colonel Wood was to go for his trial, June 23, 1891, he drove up in a buggy. In the vehicle with him were his wife and a Mrs. Perry Carpenter. Court was held in the Methodist church.

At the time of Wood's arrival, the docket had been called and a number of cases set for trial, including one against Wood for arson--there was no crime in the calendar of which one town did not accuse the other, and, indeed, of which the citizens of either were not guilty.

"Wood left the two ladies sitting in the buggy, near the door, and stepped up to the clerk's desk to look over some papers. As he went in, he pa.s.sed, leaning against the door, one Jim Brennan, a deputy of Hugoton, who did not seem to notice him. Brennan was a friend of C. E.

Cook, then under conviction for the Hay Meadows ma.s.sacre. Brennan stood talking to Mrs. Wood and Mrs. Carpenter, smiling and apparently pleasant. Colonel Wood turned and came down towards the door, again pa.s.sing close to Brennan but not speaking to him. He was almost upon the point of climbing to his seat in the buggy, when Brennan, without a word and without any sort of warning, drew a revolver and shot him in the back. Wood wheeled around, and Brennan shot him the second time, through the right side. Not a word had been spoken by any one. Wood now started to run around the corner of the house. His wife, realizing now what was happening, sprang from the buggy-seat and followed to protect him.

Brennan fired a third time, but missed. Mrs. Wood, reaching her husband's side, threw her arms around his neck. Brennan coming close up, fired a fourth shot, this time through Wood's head. The murdered man fell heavily, literally in his wife's arms, and for the moment it was thought both were killed. Brennan drew a second revolver, and so stood over Wood's corpse, refusing to surrender to any one but the sheriff of Morton county.

"The presiding judge at this trial was Theodosius Botkin, a figure of peculiar eminence in Kansas at that time. Botkin gave Brennan into the custody of the sheriff of Morton county. He was removed from the county, and it need hardly be stated that when he was at last brought back for trial it was found impossible to empanel a jury, and he was set free. No one was ever punished for this cold-blooded murder.

"Colonel S. N. Wood was an Ohio man, but moved to Kansas in the early Free Soil days. He was a friend and champion of old John Brown and a colonel of volunteers in the civil war. He had served in the legislature of Kansas, and was a good type of the early and adventurous pioneer.

"Whether or not suspicion attached to Judge Botkin for his conduct in this matter, he himself seems to have feared revenge, for he held court with a Winchester at his hand and a brace of revolvers on the desk in front of him, his court-house always surrounded with an armed guard. He offended men in Seward county, and there was a plot made to kill him. A party lay in wait along the road to intercept Botkin on his journey from his homestead--every one in Kansas at that time had a 'claim'--but Botkin was warned by some friend. He sent out Sam Dunn, sheriff of Seward county, to discover the truth of the rumor. Dunn went on down the trail and, in a rough part of the country, was fired upon and killed, instead of Botkin. Arrests were made in this matter also, but the sham trials resulted much as had that of Brennan. The records of these trials may be seen in Seward county. It was murder for murder, anarchy for anarchy, evasion for evasion, in this portion of the frontier. Judge Botkin soon after this resigned his seat upon the bench and went to lecturing upon the virtues of the Keeley cure. Afterwards he went to the legislature--the same legislature which had once tried him on charges of impeachment as a judge!

"These events all became known in time, and lawlessness proved its own inability to endure. The towns were abandoned. Where in 1889 there were perhaps 4,000 people, there remained not 100. The best of the farms were abandoned or sold for taxes, the late inhabitants of the two warring settlements wandering out over the world. The legislature, hoodwinked or cajoled heretofore, at length disorganized the county, and anarchy gave back its own to the wilderness.

"I have indicated that the trial of the men guilty of a.s.sa.s.sinating my friends and of attempting to kill myself in the Hay Meadow butchery was one which reached a considerable importance at the time. The crimes were committed in that strange portion of the country called No Man's Land or the Neutral Strip. The accused were tried in the United States court at Paris, Texas. I myself drew the indictments against them. There were tried the Cooks, Chamberlain, Robinson and others of the Hugoton party, and of these six were convicted and sentenced to be hung. These men were defended by Colonel George R. Peck, later chief counsel of the Chicago, Milwaukee & St. Paul Railway. With him were a.s.sociated Judge John F.

Dillon, of New York; W. H. Rossington, of St. Louis; Senator Manderson, of Nebraska; Colonel Robert G. Ingersoll, and others. The Knights of Pythias raised a fund to defend the prisoners, and spent perhaps a hundred thousand dollars in all in this undertaking. A vast political 'pull' was exercised at Topeka and Washington. After the sentence had been pa.s.sed, the case was taken up to the United States Supreme Court, on the ground that the Texas court had no jurisdiction in the premises, and on the further grounds of errors in the trial. The United States Supreme Court, in 1891, reversed the Texas court, on an error on the admission of evidence, and remanded the cases. The men were never put on trial again, except that, in 1898, Sam Robinson, meantime pardoned out of the penitentiary in Colorado, where he had been sent for robbing the United States mails at Florissant, Colorado, returned to Texas, and was arrested on the old charge. The men convicted were C. E. Cook, Orrin Cook, Cyrus C. Freese, John Lawrence and John Jackson.

"The Illinois legislature pet.i.tioned Congress to extend United States jurisdiction over No Man's Land, and so did the state of Indiana; and it was attached to the East District of Texas for the purposes of jurisdiction. Congressman Springer held up this bill for a time, using it as a club for the pa.s.sage of a measure of his own upon which he was intent. Thus, it may be seen that the tawdry little tragedy in that land which indeed was 'No Man's Land' in time attained a national prominence.

"The collecting of the witnesses for this trial cost the United States government over one hundred thousand dollars. The trial was long and bitterly fought. It resulted, as did every attempt to convict those concerned in the b.l.o.o.d.y doings of Stevens county, in an absolute failure of the ends of justice. Of all the murders committed in that bitter fighting, not one murderer has ever been punished! Never was greater political or judicial mockery.

"I had the singular experience, once in my life, of eating dinner at the same table with the man who brutally shot me down and left me for dead.

J. B. Chamberlain, the man who shot me, and who thought he had killed me, came in with a friend and sat down at the same table in a Leavenworth, Kansas, restaurant, where I was eating. My opportunity for revenge was there. I did not take it. Chamberlain and his friend did not know who I was. I left the matter to the law, with what results the records of the law's failure in these matters has shown.

"Of those who were tried for these murders, J. B. Chamberlain is now dead. C. E. Cook, who was much alarmed lest the cases might be reinstated in the year 1898, claims Quincy, Illinois, as his home, but has interests in Florida. O. J. Cook is dead. Jack Lawrence is dead.

John Kelley is dead. Other actors in the drama, unconvicted, are also dead or nameless wanderers. As the indictments were all quashed in 1898, Sam Robinson, whose whereabouts is unknown, will never be brought to trial for his deeds in the Hay Meadow butchery. He was not tried at Paris, being then in the Colorado penitentiary. His friend and partner, Bert n.o.bel, who was sent to the penitentiary for seven years for partic.i.p.ating in the postoffice robbery, was pardoned out, and later killed a policeman at Trinidad, Colorado. He was tried there and hanged.

So far as I know, this is the only legal punishment ever inflicted upon any of the Hugoton or Woodsdale men, who outvied each other in a lawlessness for which anarchy would be a mild name."

Chapter XVI

Biographies of Bad Men--_Desperadoes of the Deserts_--_Billy the Kid, Jesse Evans, Joel Fowler, and Others Skilled in the Art of Gun Fighting_.

The desert regions of the West seemed always to breed truculence and touchiness. Some of the most desperate outlaws have been those of western Texas, New Mexico, and Arizona. These have sometimes been Mexicans, sometimes half-breed Indians, very rarely full-blood or half-blood negroes. The latter race breeds criminals, but lacks in the initiative required in the character of the desperado. Texas and the great arid regions west of Texas produced rather more than their full quota of bad white men who took naturally to the gun.

By all means the most prominent figure in the general fighting along the Southwestern border, which found climax in the Lincoln County War, was that historic and somewhat romantic character known as Billy the Kid, who had more than a score of killings to his credit at the time of his death at the age of twenty-one. His character may not be chosen as an exemplar for youth, but he affords an instance hardly to be surpa.s.sed of the typical bad man.

The true name of Billy the Kid was William H. Bonney, and he was born in New York City, November 23, 1859. His father removed to Coffeyville, on the border of the Indian Nations, in 1862, where soon after he died, leaving a widow and two sons. Mrs. Bonney again moved, this time to Colorado, where she married again, her second husband being named Antrim. All the time clinging to what was the wild border, these two now moved down to Santa Fe, New Mexico, where they remained until Billy was eight years of age. In 1868, the family made their home at Silver City, New Mexico, where they lived until 1871, when Billy was twelve years of age. His life until then had been one of shifting about, in poverty or at best rude comfort. His mother seems to have been a wholesome Irishwoman, of no great education, but of good instincts. Of the boy's father nothing is known; and of his stepfather little more, except that he was abusive to the stepchildren. Antrim survived his wife, who died about 1870. The Kid always said that his stepfather was the cause of his "getting off wrong."

The Kid was only twelve years old when, in a saloon row in which a friend of his was being beaten, he killed with a pocket-knife a man who had previously insulted him. Some say that this was an insult offered to his mother; others deny it and say that the man had attempted to horsewhip Billy. The boy turned up with a companion at Fort Bowie, Pima county, Arizona, and was around the reservation for a while. At last he and his a.s.sociate, who appears to have been as well saturated with border doctrine as himself at tender years, stole some horses from a band of Apaches, and incidentally killed three of the latter in a night attack. They made their first step at easy living in this enterprise, and, young as they were, got means in this way to travel about over Arizona. They presently turned up at Tucson, where Billy began to employ his precocious skill at cards; and where, presently, in the inevitable gambler's quarrel, he killed another man. He fled across the line now into old Mexico, where, in the state of Sonora, he set up as a youthful gambler. Here he killed a gambler, Jose Martinez, over a monte game, on an "even break," being the fraction of a second the quicker on the draw. He was already beginning to show his natural fitness as a handler of weapons. He kept up his record by appearing next at Chihuahua and robbing a few monte dealers there, killing one whom he waylaid with a new companion by the name of Segura.

[Ill.u.s.tration: BILLY THE KID Said to have slain twenty-two men in his short career. Killed when twenty-one years old by Sheriff Pat F. Garrett]

The Kid was now old enough to be dangerous, and his life had been one of irresponsibility and lawlessness. He was nearly at his physical growth at this time, possibly five feet seven and a half inches in height, and weighing a hundred and thirty-five pounds. He was always slight and lean, a hard rider all his life, and never old enough to begin to take on flesh. His hair was light or light brown, and his eyes blue or blue-gray, with curious red hazel spots in them. His face was rather long, his chin narrow but long, and his front teeth were a trifle prominent. He was always a pleasant mannered youth, hopeful and buoyant, never glum or grim, and he nearly always smiled when talking.

The Southwestern border at this time offered but few opportunities for making an honest living. There were the mines and there were the cow ranches. It was natural that the half-wild life of the cow punchers would sooner or later appeal to the Kid. He and Jesse Evans met somewhere along the lower border a party of punchers, among whom were Billy Morton and Frank Baker, as well as James McDaniels; the last named being the man who gave Billy his name of "The Kid," which hung to him all his life.

The Kid arrived in the Seven Rivers country on foot. In his course east over the mountains from Mesilla to the Pecos valley he had been mixed up with a companion, Tom O'Keefe, in a fight with some more Apaches, of whom the Kid is reported to have killed one or more. There is no doubt that the Guadalupe mountains, which he crossed, were at that time a dangerous Indian country. That the Kid worked for a time for John Chisum, on his ranch near Roswell, is well known, as is the fact that he cherished a grudge against Chisum for years, and was more than once upon the point of killing him for a real or fancied grievance. He left Chisum and took service with J. H. Tunstall on his Feliz ranch late in the winter of 1877, animated by what reason we may not know. In doing this, he may have acted from pique or spite or hatred. There was some quarrel between him and his late a.s.sociates. Tunstall was killed by the Murphy faction on February 18, 1878. From that time, the path of the Kid is very plain and his acts well known and authenticated. He had by this time killed several men, certainly at least two white men; and how many Mexicans and Indians he had killed by fair means or foul will never be really known. His reputation as a gun fighter was well established.

d.i.c.k Brewer, Tunstall's foreman, was now sworn in as a "special deputy"

by McSween, and a war of reprisal was now on. The Kid was soon in the saddle with Brewer and after his former friends, all Murphy allies.

There were about a dozen in this posse. On March 6, 1878, these men discovered and captured a band of five men, including Frank Baker and Billy Morton, both old friends of the Kid, at the lower crossing of the Rio Penasco, some six miles from the Pecos. The prisoners were kept over night at Chisum's ranch, and then the posse started with them for Lincoln, not taking the Hondo-Bonito trail, but one _via_ the Agua Negra, on the east side of the Capitans; proof enough that something b.l.o.o.d.y was in contemplation, for that was far from any settlements.

Apologists of the Kid say that Morton and Baker "tried to escape," and that the Kid followed and killed them. The truth in all probability is that the party, sullen and b.l.o.o.d.y-minded, rode on, waiting until wrath or whiskey should inflame them so as to give resolution for the act they all along intended. The Kid, youngest but most determined of the band, no doubt did the killing of Billy Morton and Frank Baker; and in all likelihood there is truth in the a.s.sertion that they were on their knees and begging for their lives when he shot them. McClosky was killed by McNab, on the principle that dead men tell no tales. This killing was on March 9, 1878. The murder of Sheriff William Brady and George Hindman by the Kid and his half-dozen companions occurred April 1, 1878, and it is another act which can have no palliation whatever.

The Kid was now a.s.suming prominence as a gun fighter and leader, young as he was. After the big fight in Lincoln was over, and the McSween house in flames, the Kid was leader of the sortie which took him and a few of his companions to safety. The list of killings back of him was now steadily lengthening, and, indeed, one murder followed another so fast all over that country that it was hard to keep track of them all.

The killing of the Indian agency clerk, Bernstein, August 5, 1878, on a horse-stealing expedition, was the next act of the Kid and his men, who thereafter fled northeast, out through the Capitan Gap, to certain old haunts around Fort Sumner, some ninety miles north of Roswell, up the Pecos valley. Here a little band of outlaws, led by the Kid, lived for a time as they could by stealing horses along the Bonito and around the Capitans, and running them off north and east. There were in this band at the time the Kid, Charlie Bowdre, Doc Skurlock, Wayt, Tom O'Folliard, Hendry Brown and Jack Middleton. Some or all of these were in the march with stolen horses which the Kid engineered that fall, going as far east as Atacosa, on the Canadian, before the stock was all gotten rid of.

Middleton, Wayt, and Hendry Brown there left the Kid's gang, telling him that he would get killed before long; but the latter laughed at them and returned to his old grounds, alternating between Lincoln and Fort Sumner, and now and then stealing some cows from the Chisum herd.

In January, 1880, the Kid enlarged his list of victims by killing, in a very justifiable encounter, a bad man from the Panhandle by the name of Grant, who had been loafing around in his country, and who, no doubt, intended to kill the Kid for the glory of it. The Kid had, a few moments before he shot Grant, taken the precaution to set the hammer of the latter's revolver on an "empty," as he whirled it over in examination.

They were apparently friends, but the Kid knew that Grant was drunk and bloodthirsty. He shot Grant twice through the throat, as Grant snapped his pistol in his face. Nothing was done with the Kid for this, of course.

Birds of a feather now began to appear in the neighborhood of Fort Sumner, and the Kid's gang was increased by the addition of Tom Pickett, and later by Billy Wilson, Dave Rudabaugh, Buck Edwards, and one or two others. These men stole cattle now from ranges as far east as the Canadian, and sold them to obliging butcher-shops at the new mining camp of White Oaks, just coming into prominence; or, again, they took cattle from the lower Pecos herds and sold them north at Las Vegas; or perhaps they stole horses at the Indian reservation and distributed them along the Pecos valley. Their operations covered a country more than two hundred miles across in either direction. They had accomplices and friends in nearly every little _placita_ of the country. Sometimes they gave a man a horse as a present. If he took it, it meant that they could depend upon him to keep silent. Partly by friendliness and partly by terrorizing, their influence was extended until they became a power in all that portion of the country; and their self-confidence had now arisen to the point that they thought none dared to molest them, while in general they behaved in the high-handed fashion of true border bandits. This was the heyday of the Kid's career.

It was on November 27, 1880, that the Kid next added to his list of killings. The men of White Oaks, headed by deputy sheriff William Hudgens, saloon-keeper of White Oaks, formed a posse, after the fashion of the day, and started out after the Kid, who had pa.s.sed all bounds in impudence of late. In this posse were Hudgens and his brother, Johnny Hudgens, Jim Watts, John Mosby, Jim Brent, J. P. Langston, Ed. Bonnell, W. G. Dorsey, J. W. Bell, J. P. Eaker, Charles Kelly, and Jimmy Carlyle.

They bayed up the Kid and his gang in the Greathouse ranch, forty miles from White Oaks, and laid siege, although the weather was bitterly cold and the party had not supplies or blankets for a long stay. Hudgens demanded the surrender of the Kid, and the latter said he could not be taken alive. Hudgens then sent word for Billy Wilson to come out and have a talk. The latter refused, but said he would talk with Jimmy Carlyle, if the latter would come into the house. Carlyle, against the advice of all, took off his pistol belt and stepped into the house. He was kept there for hours. About two o'clock in the afternoon they heard the window gla.s.s crash and saw Carlyle break through the window and start to run. Several shots followed, and Carlyle fell dead, the bullets that killed him cutting dust in the faces of Hudgens' men, as they lay across the road from the house.

This murder was a nail in the Kid's coffin, for Carlyle was well liked at White Oaks. By this time the toils began to tighten in all directions. The United States Government had a detective, Azariah F.

Wild, in Lincoln county. Pat Garrett had now just been elected sheriff, and was after the outlaws. Frank Stewart, a cattle detective, with a party of several men, was also in from the Canadian country looking for the Kid and his gang for thefts committed over to the east of Lincoln county, across the lines of Texas and the Neutral Strip. The Kid at this time wrote to Captain J. C. Lea, at Roswell, that if the officers would leave him alone for a time, until he could get his stuff together, he would pull up and leave the country, going to old Mexico, but that if he was crowded by Garrett or any one else, he surely would start in and do some more killing. This did not deter Garrett, who, with a posse made up of Chambers, Barney Mason, Frank Stewart, Juan Roibal, Lee Halls, Jim East, "Poker Tom," "Tenderfoot Bob," and "The Animal," with others, all more or less game, or at least game enough to go as far as Fort Sumner, at length rounded up the Kid, and took him, Billy Wilson, Tom Pickett and Dave Rudabaugh; Garrett killing O'Folliard and Bowdre.

Pickett was left at Las Vegas, as there was no United States warrant out against him. Rudabaugh was tried later for robbing the United States mails, later tried for killing his jailer, and was convicted and sentenced to be hung; but once more escaped from the Las Vegas jail and got away for good. The Kid was not so fortunate. He was tried at Mesilla, before Judge Warren H. Bristol, the same man whose life he was charged with attempting in 1879. Judge Bristol appointed Judge Ira E.