When he was asked about Setton’s appearance before the magistrate,

he answered that he had accompanied him to Downs’ but did not force

him to make an affidavit. He added that John Mason had received

a message from the Governor of Natchez to the effect that if he

produced a witness who would turn state’s evidence it would “tend

to clear him of his guilt;” hence, their anxiety to have Setton

make a declaration.

After hearing Thomas Mason’s version of the subjects that had been

discussed by the preceding witnesses, the Commandant, who evidently

had been informed that day that the Masons had also maneuvered

further north, asked him whether or not he knew a man named Mosique

and the two Duff brothers while in Illinois. He answered he had

heard of them and understood that one of the brothers had been

killed by Indians. His answers to other questions were to the

effect that he knew nothing of the robbing of a negro in St. Louis,

of a man named Lecompte, and of a stolen negro woman who had been

sold to a priest named Manuel. The officer then asked him whether

or not he was aware that the Masons were accused of these crimes,

“but the witness continued to profess he had never heard of them.”

The fifth prisoner was Marguerite Douglas, wife of John Mason. She

swore she had been married eight years. She answered that to her

“keen regret” she had heard of the robberies of which her husband

and the other Masons were “so falsely accused.” Her knowledge of

these acts, she swore, was based solely on hearsay. Among other

things, she said Setton told her that robbing the Baker boat proved

as easy “as robbing some old woman.” She also swore she knew

nothing about the paper money found in their possession and could

not account for the money and goods discovered among her personal

belongings other than by suggesting that in packing up so hurriedly

she may have placed some of Setton’s personal property in her bag.

Samuel Mason Jr., in his testimony stated that he was eighteen

years old and that he had lived with his parents all the time until

about three months previous. He said his father and brothers had

left his mother at Bayou Pierre--between Natchez and Vicksburg--and

were away for the purpose of establishing a new home, and that she

was now ill and living with her daughter, Mrs. Philip Briscoe.

The Commandant remarked to him: “You ought to speak the truth for

you have a mother, who, it is reported, is a good and honorable

woman, and you ought not to be mixed up in the wickedness of your

father and brothers, who, it is said, are guilty of many thefts

and robberies.” The answers he gave to the few questions asked him

agreed with those given by his father.

Magnus Mason, the last of the prisoners, was called upon January

24. He stated he was about sixteen years old and was born “in

Kentucky on the south side of Green River.” (The others had claimed

Pennsylvania as their native state.) In answer to questions he

stated that he had lived “part of his time with his father in

Kentucky and part with his mother in Bayou Pierre near Natchez.” He

declared his father had spent practically all of the past two years

away from home trying “to discover men who were committing the

robberies.”«28»

The next witness was Dr. Richard Jones Waters, the man on whose

recommendation the passport had been granted to Samuel Mason. Dr.

Waters said he first met Mason in 1791 or 1792 at “Red Banks on the

Ohio,” (now Henderson, Kentucky) which was after he (Dr. Waters)

had settled in New Madrid. He had been traveling in America and on

his return, coming to the Ohio River, engaged Charles Lafond, a

merchant, and two other men who were on their way to New Orleans,

to take him down as far as New Madrid. When the boat reached the

Falls of the Ohio (Louisville) Lafond, hearing that he intended to

remain there a few days, asked permission to let the boat proceed

to Red Banks, where Lafond expected to dispose of some of the goods

on board. The permission was granted on condition that Lafond,

without fail, wait for him there. In due time he (Dr. Waters)

reached Red Banks and then met Samuel Mason for the first time.

Mason claimed that Lafond had gone fishing a few days before and,

in the meantime, started his boat south. He (Dr. Waters) did not

know whether or not Lafond and his boat ever reached New Orleans,

and not until recently, had he suspected foul play.

A year after this, continued Dr. Waters, he was traveling down the

Ohio River, stopped at Red Banks and, to his surprise, met Samuel

Mason again. Mason asked him to come to the house to prescribe for

Mrs. Mason who was sick in bed. The doctor complied and the result

was a trade in which Mason bought seventy dollars worth of medicine

and merchandise, paying forty dollars in meat and giving him a

demand note for thirty dollars on Felic Concer, of New Madrid.

But when he arrived at New Madrid he learned that Concer had left

for parts unknown. In 1798, however, Mason paid the note. He then

saw nothing more of Mason until March, 1800, when he met him and

his son Thomas and a man by the name of Smith who said they had

come to New Madrid for drugs. They purchased some medicine from

him for Mrs. John Mason and other members of the family and paid

for it with merchandise which they claimed they had bought from

a store boat. A few days later Samuel Mason called again, not to

buy medicine but to ask his assistance in procuring a passport

for land on Spanish territory. This he was, at first, unwilling

to give, for, although he knew nothing unfavorable concerning the

family, he was not assured of their character. After the old man

had pleaded with him and declared that although rumor had done all

the Masons great injustice he would never regret the endorsement of

his character, he procured a passport, giving to the clerk at the

time a history of his acquaintance with Mason. A few days afterward

Thomas Mason informed him that he was obliged to go to Kentucky to

straighten out some business affairs before he settled on the land

that would be granted them. He entrusted Thomas Mason with “some

valuable papers for delivery at the Falls of the Ohio.” These

papers reached their destination but much later than Thomas had

promised. No explanation of the delay was offered or demanded.

The record of the proceedings shows that January 26 was devoted

by the officials to inspecting the belongings of the Masons and

approximating their value. The saddles and pistols referred to by

Setton were found as described by him. There was also discovered

some “twenty twists of human hair of different shades which do

not seem to have been cut off voluntarily by those to whom the

hair belonged.” These and a number of other evidences were laid

aside by the inspectors. The belongings were estimated at about

six hundred dollars in value. The silver and paper money amounted

to seven thousand dollars, much of which, however, “appears to be

counterfeit.”

The next day Francois Derousser, a citizen of New Madrid, came

forward, stating that he had an important declaration to make

concerning the prisoners. He explained that he was a native of

Illinois and that in 1791, when he and his family were coming down

the Ohio River and had reached a point near Red Banks, where they

happened to make a landing, a man--the one he now recognized among

the prisoners as Samuel Mason--stepped up to him and, pushing a

gun against his stomach, threatened to shoot him if he did not

follow. He was led into a hut, where several persons were sitting.

Immediately after entering, Samuel Mason shouted: “This is the man

who stole my horses and slaves and sold them to the Indians,” and,

looking around for a rope, Mason seemed to be making preparations

to hang him at once. He finally convinced Mason that he could not

possibly have been guilty of the thefts.

After keeping him in chains all night, continued Derousser, Mason

permitted him to leave, but while he was making some repairs on

his boat to resume his trip, Mason came to him and persuaded him

to remain two months and work with the Mason boys. Mason promised

him a certain quantity of linen, calico, and bed covers for his

services and, needing these badly for his family, he accepted the

proposition. At the end of the specified time the promised goods

were given to him; but three hours after he had received them and

while on his way to his boat, Samuel Mason and a Captain Bradley

overtook him and robbed him of all the goods. That night he

managed to return to his boat and with the aid of Eustache Peltier

succeeded in cutting the ice from around it. He started down the

river, and after much suffering from cold and hunger he and his

family finally landed at New Madrid, where they had lived ever

since.

Eustache Peltier appeared before the Commandant, confirmed the

declaration made by Derousser, and added that he had heard that a

certain Lafond, “an European merchant with an emporium of goods

in New Orleans,” had stopped at the Mason’s house near Red Banks

one night about the time he and Derousser made their escape, but

neither the merchant nor the boat in which he traveled had been

heard from since.

Pierre Billeth, another citizen of New Madrid, declared that he

knew some facts bearing on the Masons and felt it his duty to

report them. He related to the Commandant that during an excursion

in August, 1798, on the Cumberland River, near the mouth, he heard

a negro woman belonging to Samuel Mason tell Rees Jones and James

Downs that her master had forced her to help dispose of the body

of one of his victims. She declared that Mason after stabbing and

robbing the man had commanded her to help tie a rope around his

neck and drag the body to the Ohio, where they threw it in to the

water. This same woman had been stolen by Mason and later sold at

public auction by Sheriff James Downs, then of Kaskaskia, to Father

Manuel, a priest, who lived near St. Genevieve.

All the witnesses having been examined, and the declarations and

proclamations heard, the Commandant January 29, 1803, ordered an

itemized account of the cost of the trial, including the expenses

incurred in making the arrest at Little Prairie. The account

rendered shows that the largest single item was for “the sergeant

and nineteen militiamen for seventeen days’ guard and sentinel

watch of prisoners, at one piaster per day, three hundred and forty

piasters.” Twenty-two men, besides the officers, were employed in

making the arrest and bringing the prisoners to New Madrid, for

which they received one hundred and seventy-six piasters. Another

item reads, “irons and cuffs made for prisoners, eight piasters.”

The total expense is given as one thousand fifty-three piasters, or

about one thousand dollars.

The last entry is dated January 31, 1803, and, like all the

others, is presented in monotonous legal phraseology. It ends

with the statement that: “We [the Commandant] hereby direct that

the proceedings of this trial, originally set down in writing on

ninety-one sheets of paper written on both sides, as well as the

pieces of evidence tending to conviction, together with seven

thousand piasters in U. S. banknotes, be forwarded to the Honorable

Governor General by Don Robert McCoy, Captain of the Militia, whom

we have charged to conduct the prisoners, Mason and consorts, to

New Orleans with the view of their trial being continued and

finished, if it so please the Honorable Governor General.”

And here ends the record of the preliminary trial of the Masons.

Captain McCoy, having been appointed to conduct the prisoners to a

higher court, made his preparations and in due time started for New

Orleans.

Mason and Harpe--Double-Cross and Double Death

Out of the mass of perjury and counter-accusations brought out at

this examination only one thing was clear--that is that Mason and

his gang, as far as testimony and confession went, were not guilty

of any crime on the Spanish side of the Mississippi. Whatever

crimes they may have committed it was essential to their present

safety to locate them on the American or eastern side of the river.

The Spanish authorities had no power to punish them for violations

of law on American territory, but the Spanish Intendant Salcedo at

New Orleans had the power under the comity existing between the

Spanish and American governments to deliver them up to the American

authorities. The New Madrid court, therefore, ordered the prisoners

to be transferred to New Orleans and brought before the intendant.

At that point in the march of events fate took relentless grip on

Samuel Mason and Little Harpe, alias Setton, for their crimes.

The way of atonement was as swift as its end was to be terrible.

It might be quickly summarized, but there is the better way of

pursuing the astonishing and dramatic story through the faded

records and old scraps of publications of those times, thus

getting into actual touch with the persons and with the primitive

conditions under which this strange duel of two master criminals

was fought out. Each feared the other; Mason, perhaps, not knowing

his antagonist. The grim headsman was silently stalking both. In

the language of crime fate was double-crossing both.

From New Madrid to New Orleans was a distance of about nine hundred

miles and to travel it by boat in those days required more than two

weeks. It was as if it had been decreed that Mason should make a

farewell tour through a part of the country in which he had become

so execrated. New Orleans was then the capital of the Spanish

province of Louisiana, the seat of the highest court, and had been

for more than three-quarters of a century the most important town

on the Mississippi.

In 1803 New Madrid was a frontier settlement about fourteen years

old. It was a military post occupied by a small force of soldiers

and a town with a population of about eight hundred who were

French, American, Canadian, and Spanish, or an extraction of these

peoples. New Madrid remained under Spanish rule until 1804 when,

as a part of the province of Louisiana, it became a part of the

territory of Louisiana acquired by the United States.«29»

If an official account of what followed Mason’s trial at New

Madrid was kept it may now exist among the archives in old Madrid

in Spain and may contain data relative to the transfer of the

prisoners. At any rate, Captain McCoy and his guard evidently

started for New Orleans early in February, 1803. It is more likely

that, as a matter of economy and convenience, they traveled down

the Mississippi in a flatboat. The records show that some of the

goods found in the possession of the Masons were carried along as

evidence.

There is neither written history nor oral tradition telling of

Captain McCoy’s departure for New Orleans or how he held his

prisoners on board during the trip. At least one very probable

scene, however, presents itself, and in it John Setton is the

central figure. Samuel Mason was then the most widely known bandit

in the Mississippi Valley. But in the eyes of the law Setton now

suddenly became the most important character of all the outlaws.

He was likely to turn state’s evidence, reveal many robberies that

were long standing mysteries, and thus convict not only Samuel

Mason and his family, but also point out clues that would lead to

the extermination of all river pirates.

The boat was necessarily crowded, for even under the most

encouraging circumstances room on a flatboat was limited. There

were about seventeen persons on board: Captain McCoy, the

interpreter, some five men who constituted the guard and crew,

the seven prisoners, and the three children. Setton was probably

chained in the most conspicuous place where he could be carefully

watched. This must have been done not only to prevent his escape,

but also to prevent Samuel Mason from trying to persuade him to

act in a plot against the crew, or to dictate to him a forthcoming

“confession.”

One can easily imagine that Captain McCoy and his men frowned

at Setton as they would at a chained sheep-killing dog. There

was nothing about him to attract them. On the contrary, he was

repulsive. Setton’s countenance, according to one writer, was

always downcast and fierce, his hair red, his face meager and

his stature below that of the average man. This combination gave

him, as Judge James Hall puts it, “a suspicious exterior.” He was

about thirty years of age and looked the part of a man who was too

much of a villain to smile and thereby try to hide some of his

villainy. To his captors he was nothing more than a vicious dog

whose life was being spared solely that he might later give Mason a

long-deserved, fatal bite.

They not only looked upon him as a thief and murderer, but also as

a fool not fit to live. If he were guilty of the crimes Mason laid

at his feet, then hanging was too mild a punishment for him. By the

same token, if guilty, he was a fool to permit a notorious outlaw

to dictate to him just what to confess and whom to implicate. And

if he were innocent of the crimes he was even a greater fool for

submitting to Mason’s demand and declaring in an affidavit that he,

not Mason, was the guilty man.

With Captain McCoy and his guards on one side, and Samuel Mason and

his family on the other, Setton stood alone between “the devil and

the deep blue sea.” He and Mason were figuratively and literally in

the same boat, but Mason had at least the consolation of knowing

that the members of his family on board were also with him in

sympathy and ready to obey his command, even though it led to

certain death.

Judged by their morals Samuel Mason and John Setton were very much

alike, but in their physical aspect they differed greatly. Mason

was then about fifty-five years old, possibly sixty. Swaney, the

old mail-carrier, who saw him often, described him to Guild: “He

weighed about two hundred pounds, and was a fine looking man.

He was rather modest and unassuming, and had nothing of the

raw-head-and-bloody-bones appearance which his character would

indicate.”

Henry Howe refers to him as “a man of gigantic stature and of more

than ordinary talents.” William Darby says: “Mason at any time of

his life or in any situation, had something extremely ferocious in

his look, which arose particularly from a tooth which projected

forwards, and could only be covered with his lip by effort.”

Regardless of the difference in their physical size and

physiognomy, and regardless of the extent of their guilt, both

men were held for the same crimes and were now on their way to

New Orleans to appear before the Spanish authorities. Less than a

dozen towns and forts were then scattered along the river and all

were small ones. As the boat slowly floated and sailed down the

wide stream between seemingly endless forest and jungle covered

shores, Mason had ample time to view the various places where he

had committed robberies, and to recall how successfully he had

carried out all his attempts. The scenes along the Mississippi

have undergone many changes since Mason’s day. Nevertheless, many

of the views have retained enough of their primitive grandeur to

create in the imagination a landscape of continuous virgin forests

and a vivid picture of what river life was in pioneer days. But,

by searching the old records pertaining to Mason’s career, one

discovers facts that could never have been foreseen by the wisest

prophet nor imagined by the wildest fictionist.

How and when Captain McCoy and his prisoners arrived at New Orleans

has not been ascertained, although an effort has been made to

find newspaper or other accounts giving details on the subject.

There is, however, an unpublished official letter in Spanish, in

the Mississippi Department of Archives and History, which shows

that upon Captain McCoy’s arrival in New Orleans the record of the

proceedings of the trial held at New Madrid was submitted to the

Governor General of Louisiana and his Secretary of War. These two

Spanish officers, after going over the proceedings, concluded that

since the evidence taken did not prove that Mason had committed any

crime on the Spanish side, the prisoners should be handed over to

the Americans. In due time, therefore, they ordered them sent to

Natchez.

The official letter referred to is dated New Orleans, March 3,

1803. It was written by Vidal, the Secretary of War, approved

by Manuel Salcedo, the last Spanish governor of Louisiana, and

forwarded to Governor Claiborne. It briefly reviews the trial and

points out to the Governor of the Mississippi Territory that the

case falls under American and not Spanish jurisdiction.

Governor Claiborne, in all probability, answered this communication

and requested that the Masons be turned over to him, for Captain

McCoy and his men, taking the prisoners and some of their

stolen property, left New Orleans the latter part of March for

Natchez. What occurred when their boat stopped near Point Coupee,

Louisiana--some two hundred and forty miles above New Orleans and

about one hundred miles below Natchez--is told in the following

news item quoted in full from _The Western Spy_, published at

Cincinnati, May 4, 1803:

“Extract of a letter from the Reverend John Smith to a gentleman

in this town, dated Point Coupee, March 28, 1803.

“‘You no doubt have received the account of old Sam Mason’s arrest,

with three or four of his sons, some other villains, a woman and

three children, about thirty miles below New Madrid, by Captain

McCoy, the king’s interpreter and a small party. Captain McCoy has

since taken them to New Orleans in irons, but as no crime could be

charged upon them as being committed in the Spanish Government, the

Governor General ordered them to be taken to Natchez and delivered

to our Government. The day before yesterday as they were passing

this place the mast of their vessel broke, a part of the men were

sent on shore to make a new one, and the rest were left to guard

the prisoners. In a short time they threw off their irons, seized

the guns belonging to the boat and fired upon the guard. Captain

McCoy hearing the alarm ran out of the cabin, old Mason instantly

shot him through the breast and shoulder; he with the determined

bravery of a soldier, though scarcely able to stand, shot him in

the head. Mason fell and rose, fell and rose again, and although

in a gore of blood, one of his party having shot a Spaniard’s arm

to pieces, he drove off McCoy’s party and kept possession of the

boat till evening, when, discovering a superior force they left the

boat, the woman and children following with great precipitation.

There is a party of Caroles [sic] after them and it is supposed

they will succeed in taking them. The commandant at this place

has offered one thousand dollars for taking old Mason dead or

alive. They will be pursued with the utmost diligence by a set of

determined fellows.’”

Mason escaped March 26, 1803. The report of his flight spread

fast. The same facts that were published in _The Western Spy_

were sent out from Natchez as a news item, dated April 2, and

printed with less detail in various papers, among them _The

Tennessee Gazette_ of April 27, _The Kentucky Gazette_ of May 3,

and _The Palladium_ of May 5. In the same news item appears a

brief statement to the effect that Governor Claiborne had received

“official information of the arrival at New Orleans of the French

Prefect for the Colony of Louisiana.”

Mason hoped, as already stated, that by showing he had committed

no crimes on the Spanish side of the Mississippi he would not be

punished by the Spanish authorities. He evidently did not foresee

the possibility of their turning him over to the Americans. At

any rate, the French were taking possession (in form at least) of

Louisiana, and since they had never been implicated in any strained

relations with the states relative to the free navigation of the

Mississippi, Mason was now in equal danger of pursuit on either

side. By choice or circumstance he risked the American side. Two

months after his thrilling escape from the boat he was seen about

fifteen miles northeast of Natchez. This is shown in a report dated

Natchez, June 6, 1803, published in _The Palladium_ July 14, from

which weekly it was copied by various other papers:

“On Tuesday last the notorious Samuel Mason and several of his

party, all well armed, were seen on the Choctaw trace near Cole’s

Creek. Two detachments of the militia of Jefferson County were

immediately ordered out by his excellency, the Governor, in pursuit

of them. We have not yet been informed of the result of this

expedition.”

The Outlaws of Cave-in-Rock Historical Accounts of the Famous Highwaymen and River Pirates · 第 14 / 23 段