Attempt to Murder Ben in Babylon--He Shoots a Man and is
Arrested--Frightens the Witnesses and Prevents Perjury--Is Acquitted.
In the woods about Babylon were bands of thieves, who lived by plundering
the strangers that came within their power. Wild, desperate men were
these, who held human life of no greater account than so much earth. Ben's
place was frequented by these desperadoes, who were bent upon murder, or
anything else, for the sake of plunder. They found in Hogan, however, a
man who didn't know the meaning of fear, and who was determined to hold
his own against any odds. He gave them to understand that the first
outrage committed upon any patron of his house would be avenged with
interest.
"Understand, gentlemen," he said, "I will shoot down the first man who
undertakes to murder anybody coming out of this place!"
Finding the sort of man they had to deal with, the ruffians banded
together for the purpose of killing Hogan. Lots were drawn to see who
should perform this work, and the choice fell upon a fellow known as
"Scotty," and one Burke.
Waiting until midnight, the assassins entered the bar-room of Hogan's
place. There was nobody present but Ben himself and the barkeeper. The
moment his eye fell upon the men, Ben suspected mischief, and drawing out
two seven-shooters, he said quickly:
[Illustration: _HOGAN PLEADING HIS OWN CASE IN TIDIOUTE._]
"Gentlemen, you will oblige me by retiring at once. Go out, if you please,
as you came in; and the first one who attempts to turn about or to draw a
weapon will drop!"
This unexpected greeting knocked the plans of the conspirators into a
cocked hat. There was nothing to do but to obey, and so they backed out of
the room, looking very much crestfallen.
The next night Ben heard a loud knocking at the door, and as he went down
to answer the summons, he heard low voices outside.
"Who's to shoot first?" said one.
"You kill him," said a second.
This sort of conversation was not very cheerful to listen to, as the
midnight visitors had evidently called with the intention of committing
murder. Ben, however, quietly opened the door and discharged a couple of
shots, which put the fellows to flight.
These incidents are given to show that Hogan was constantly hounded by
desperadoes while in Babylon. They will explain, in part, the
circumstances which led up to a serious matter, in which Ben figured very
conspicuously. I shall proceed to narrate the facts in the case precisely
as they occurred.
A gang of twenty-five men entered into a compact to kill Ben Hogan at all
hazards. Under the direction of this gang, a man named Dwyer called at
Ben's place at midnight and wanted to engage in a fight. Hogan told him
that he did not want to fight, and tried to persuade him to leave the
house. Suddenly Dwyer seized hold of a tumbler and struck Ben upon the
head. In self-defense, Hogan then grappled with the man and threw him
down. He did not want to hurt him, but simply to prevent him from doing
any more injury.
At this point, the crowd outside rushed in. One man was knocked down with
a pitcher, and while a number of his assailants held Ben, Dwyer kicked him
repeatedly. Frightened at the noise, French Kate rushed into the bar-room.
She took in the situation at a glance. Ben, her lover, was being
assaulted--one man against a score. Kate dashed into the crowd, and with
the butt-end of a revolver, knocked two or three of the ruffians down.
Meantime, Ben reached around and succeeded in drawing his own revolver,
with which he began to shoot. He aimed wholly at random, having no other
idea than that of preserving his own life. Who fell he did not know.
The shots soon drove the crowd from the room. That same night, at a later
hour, an attempt was made to set fire to the house; but a single shot was
enough to end this game.
A drunken officer was sent to arrest Ben on the charge of murder. One of
the shots fired in the encounter had proved fatal. Hogan refused to
surrender himself to this fellow, who stood outside the house threatening
to shoot; but later, he gave himself up to other officers who came in
search of him.
The justice, after a hearing, was about to commit Ben for trial, but the
prisoner declared that he would not be locked up.
"For if I am," he added, "I shall be lynched. Let me take my chances
against these men, but don't take away from me all means of self-defense!"
This appeal had its effect, and a Mr. Shaw becoming security for the
prisoner, he was released.
The trial took place on the Monday following--the shooting occured on a
Saturday. Ben appeared in the dock, and before a single witness had been
called he arose and said:
"I want simply a fair trial, and nothing more. Let every man tell what he
knows about the shooting, but let him be careful not to perjure himself.
For I announce here that the first witness who goes upon that stand and
swears to what is false I will kill in just three seconds. That is all I
have to say, gentlemen!"
When Ben resumed his seat, the court room was as silent as a tomb. The
conspirators who were on hand to convict Hogan glanced at each other with
pale faces. They had agreed to swear to whatever should be necessary to
secure a verdict of guilty; but Ben's words had taken the backbone
completely out of them. They knew it was no vain threat which he uttered.
They knew that if they swore to what was false they would drop where they
stood.
So the first man who was called as a witness fainted from sheer fright.
None of the others had courage enough to go upon the stand. And the result
was, that there being no evidence of any kind against the prisoner, he was
acquitted.
Thus ended the trial, which, had it resulted differently, might have sent
a man to the gallows who simply defended himself against the brutal
attacks of a mob.