CHAPTER XLIX.

A TRAGEDY ON THE UNION PACIFIC IN '68--JOHN KELLY'S COLD-BLOODED

MURDER OF CHARLEY MAXWELL, A COLORADO BOY--SHOT DOWN FOR ASKING FOR

DUES AND THE MURDER FINISHED AS THE BOY PRAYS FOR HIS LIFE--KELLY'S

ESCAPE--HE IS HUNTED DOWN BY DETECTIVE BOSWELL AND FOUND IN MISSOURI,

WHERE HE IS CAPTURED WITH THE AID OF A BULLET--PURSUIT BY A MOB OF

RAILROAD LABORERS.

Charley Maxwell, a bright-faced and well-dispositioned lad, was shot down

in a cold and cruel way by one John Kelly, a contractor on the Union

Pacific railroad, near Fort Steele, Wyo., in 1868, while the railroad was

building through that country. He was a Colorado boy, and his parents had

permitted him to go away from home to secure work, and he had taken a

place under Kelly as night herder of the contractor's stock. The boy owned

an excellent pony, which was almost his entire property, and he was

naturally very fond of it. One day the Cheyenne Indians came along and

stole it, and left him quite in despair at his loss. His grief was so

intense as to have an effect upon the railroad workmen, and their sympathy

grew to be so strong that they determined to buy him another pony, and

raised sufficient money for this purpose by clubbing together. The animal

being procured, young Maxwell decided one day to return to Colorado, and

demanded a settlement with his employer. Kelly was a rich man, worth

perhaps no less than a hundred thousand dollars, but he was about as small

a specimen of manhood as was ever permitted to live in this western

country, where such characters as a rule are not tolerated long at a time.

When the boy asked to be paid for his services Kelly coolly handed him the

amount due, less the cost of the pony--with the purchase of which he had

had nothing to do, mind you--saying that he would deduct the amount paid

for the animal from the boy's pay. Maxwell was indignant, but helpless.

He could only appeal for his just dues. This he did when opportunity

offered, and seeing Kelly in a bank one day, went in and asked him for the

balance which he thought should be to his credit. Kelly turned upon him

with wrath and poured a stream of profanity upon him, exclaiming as he

went out of the bank:

"I'll teach you, you d--d little s-- of a b--, to ask me for money!"

He passed out of sight for the time, and Maxwell thought no more of the

matter until he saw Kelly coming down the street with a rifle thrown

across his shoulder. He was then uncertain as to the man's purpose and

made no attempt to get away. Passing down the street on the opposite side

from the boy, he said nothing until directly across from him, when he

threw his gun across the wheel of a wagon for a rest, and, taking

deliberate aim at Maxwell, shot him down in his tracks. The boy fell

bleeding, crying:

"O Mr. Kelly, you have shot me; please let me live. I will not bother you

again."

Kelly loaded his gun and walked across the street, saying in response to

the lad's utterances:

"I don't think you will," responded Kelly as he placed the muzzle of the

weapon to the boy's ear; "not if I know what I am about. No, you won't ask

me for any more money in a public bank. I'll warrant you don't."

As he spoke the last words the trigger was pulled, and the top of the

writhing boy's head was blown almost off by the bullet which went crashing

through it.

The men around were most of them employés of Kelly's, to which fact alone

is doubtless due his escape from lynching at the time. He was arrested and

imprisoned at Fort Steele, but soon escaped from there and disappeared.

Kelly's home was in Council Bluffs, Iowa, and thitherward he wended his

way. In Omaha he was arrested, but contrived to get out of jail, whether

by the use of money is not known. In Council Bluffs the programme was

repeated, and the fellow after that was allowed to go free for over two

years.

In 1870 Maxwell's father decided to make a last effort to have his son's

murder avenged, and he placed the matter before Mr. N. K. Boswell, of the

Rocky Mountain Detective Association of Laramie City, to whom he related

the facts, saving he was poor and able to pay but little, and appealing to

Mr. Boswell's humanity. Mr. Boswell undertook the case, and never did a

detective work more assiduously, or with more skill, or display greater

tenacity of purpose or more downright courage than did Boswell on this

case. The story would, indeed, be told except for the detective's work;

but as it is, it is just beginning.

Mr. Boswell soon learned the place of residence of his man, and going to

Council Bluffs, there ascertained that Kelly was still contracting, and

that at that time he was engaged near Red Oak, on the line of the

Burlington and Missouri road, which was then being built in that section.

In looking over the ground, Mr. Boswell found that his man was engaged

three miles from Red Oak, but that to get a train it would be necessary to

drive forty miles, to the junction of the Missouri Pacific railroad,

through a thinly inhabited region. Mr. Boswell, however, arranged his

programme perfectly in advance, ascertained the time at which trains

passed the junction, and secured the services of a faithful man, the

sheriff of the county in which Kelly was at work, and together they drove

out to the point where Kelly was supposed to be engaged.

Mr. Boswell had never seen Kelly, but he carried such a complete

description of him that he knew he would recognize him at first glance.

Fortunately the officers came upon the fugitive alone. As they drove along

by the side of a railroad cut, they recognized him standing on the other

side of the cut. After observing the movements of the officers for a few

minutes, Kelly apparently decided in his own mind that they could bode no

good to him, and started to walk away from them. When they cried to him to

stop he only walked the faster, and soon he started to run, evidently

intending to reach a wagon and span of horses standing half a mile away

across the prairie. The officers then left their horses standing and

crossed the cut, finding Kelly at a dead run by the time they came up on

his side of the track. They again shouted to him to stop, and as he did

not obey the command, Boswell had his man send a shot after the fugitive.

With this he ran the faster.

Boswell again warned Kelly that if he did not stop he would shoot him

dead; but the fellow paid no heed, and only continued his run. He was fast

gaining upon the officers, and was evidently determined not to surrender.

Boswell decided to make a grand effort to bring his man down. The fellow

was running rapidly and the distance was great. Boswell is ordinarily a

dead shot, but at this time the great distance, and the fact that he had

only his pistol, were odds against him. He, however, stopped, and

deliberately squatting, placed his pistol on his knee. Almost

simultaneously with the report of the pistol Kelly stopped, threw up his

hands and exclaimed:

"My God, stop! You have wounded me. I will surrender!"

Going up they found Kelly lying upon the ground with a bullet hole through

his body, entering at the small of the back and passing out near the

navel. Seriously wounded as one would have supposed the fellow to be, shot

as he was, he scarcely bled at all, and he did not appear to be materially

disabled. The officers compelled him to go back with them. One of them

stepped the distance as they returned, and found that Boswell had shot two

hundred and twenty yards when he struck Kelly. They found their man

desperate, but apparently helpless. He swore with violent rage when first

taken, and asserted that he had been murdered in cold blood, saying that

he would not have been taken at all if his captors had not taken a

miserable advantage of him.

The officers were soon permitted to see for themselves how difficult, if

not impossible, it would have been for them to secure their man had they

come upon him at a less fortunate time than they did. The firing of the

pistols had attracted the attention of Kelly's work hands, who were

engaged near the scene of the shooting, and the officers had not gotten

Kelly to the carriage, when the laborers began to swarm around them. There

were no fewer than sixty of them, led by a brother of Kelly, who came

marching towards them, armed with sticks and stones, and swearing that

Kelly could not be taken away.

[Illustration: Arrest of John Kelly, young Maxwell's Murderer, in 1868, by

Detective Boswell.]

"We'll show you about that," responded Boswell. "We came for him and we

will take him. Keep your distance!"

As Boswell talked, the two officers leveled their guns at the crowd and

ordered them to not make a move. Kelly was told to get in the buggy, but

he declared that he was unable to do so. Boswell, still keeping his pistol

leveled at the crowd, told his fellow officer to shoot Kelly down on the

spot if he did not step into the vehicle immediately. The order had its

desired effect. Kelly stepped into the buggy, and the officers drove off,

covering the mob with their pistols until well out of their range, leaving

them gnashing their teeth and swearing, but in vain.

A fine prospect the officers had before them--very fine, indeed! A wounded

man to take care of, and how badly wounded they did not know; a howling

mob, headed by the brother of the prisoner, to follow them, and forty

miles to the nearest railroad station, through a wild country, to them

comparatively unknown. But Boswell is a man who never knew fear, who never

shirked a duty, however gloomy the outlook or dangerous the path to be

trod. He felt that his safety depended on the celerity of his movements,

and he decided to "get up and dust." His captive complained a great deal

at first at the pain occasioned by the jolting of the vehicle; but finding

that his groans occasioned no apparent compassion in the breast of his

captor, that it certainly did not cause him to slacken his speed, he at

last settled down into grim and sullen endurance, and the party drove on,

no one saying anything. Boswell's companion held the reins, Boswell kept

his arms in readiness to meet any sudden attack, and the prisoner

continually glanced about him for the friends which he felt confident

would come to his relief sooner or later.

Hands Up; or, Thirty-Five Years of Detective Life in the Mountains and on the Plains Reminiscences by General D. J. Cook, Chief of the Rocky Mountains Detective Association · 第 23 / 39 章