Chapter I

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THE

STORY OF THE OUTLAW

_A STUDY OF THE WESTERN DESPERADO_

WITH HISTORICAL NARRATIVES OF FAMOUS OUTLAWS;

THE STORIES OF NOTED BORDER WARS;

VIGILANTE MOVEMENTS AND ARMED

CONFLICTS ON THE FRONTIER

BY

EMERSON HOUGH

NEW YORK

THE OUTING PUBLISHING COMPANY

1907

COPYRIGHT, 1905, BY

THE CURTIS PUBLISHING COMPANY

COPYRIGHT, 1907, BY

EMERSON HOUGH

Entered at Stationers' Hall, London, England

_All Rights Reserved_

THE OUTING PRESS

DEPOSIT, N. Y.

The Story of the Outlaw

[Illustration: From a painting by John W. Norton

PLUMMER'S MEN HOLDING UP THE BANNACK STAGE

(_See page 119_)]

PREFACE

In offering this study of the American desperado, the author constitutes

himself no apologist for the acts of any desperado; yet neither does he

feel that apology is needed for the theme itself. The outlaw, the

desperado--that somewhat distinct and easily recognizable figure

generally known in the West as the "bad man"--is a character unique in

our national history, and one whose like scarcely has been produced in

any land other than this. It is not necessary to promote absurd and

melodramatic impressions regarding a type properly to be called

historic, and properly to be handled as such. The truth itself is

thrilling enough, and difficult as that frequently has been of

discovery, it is the truth which has been sought herein.

A thesis on the text of disregard for law might well be put to better

use than to serve merely as exciting reading, fit to pass away an idle

hour. It might, and indeed it may--if the reader so shall choose--offer

a foundation for wider arguments than those suggested in these pages,

which deal rather with premises than conclusions. The lesson of our

dealings with our bad men of the past can teach us, if we like, the best

method of dealing with our bad men to-day.

There are other lessons which we might take from an acquaintance with

frontier methods of enforcing respect for the law; and the first of

these is a practical method of handling criminals in the initial

executive acts of the law. Never were American laws so strong as to-day,

and never were our executive officers so weak. Our cities frequently are

ridden with criminals or rioters. We set hundreds of policemen to

restore order, but order is not restored. What is the average policeman

as a criminal-taker? Cloddy and coarse of fiber, rarely with personal

heredity of mental or bodily vigor, with no training at arms, with no

sharp, incisive quality of nerve action, fat, unwieldy, unable to run a

hundred yards and keep his breath, not skilled enough to kill his man

even when he has him cornered, he is the archetype of all unseemliness

as the agent of a law which to-day needs a sterner upholding than ever

was the case in all our national life. We use this sort of tools in

handling criminals, when each of us knows, or ought to know, that the

city which would select twenty Western peace officers of the old type

and set them to work without restrictions as to the size of their

imminent graveyards, would free itself of criminals in three months'

time, and would remain free so long as its methods remained in force.

As for the subject-matter of the following work, it may be stated that,

while attention has been paid to the great and well-known instances and

epochs of outlawry, many of the facts given have not previously found

their way into print. The story of the Lincoln County War of the

Southwest is given truthfully for the first time, and after full

acquaintance with sources of information now inaccessible or passing

away. The Stevens County War of Kansas, which took place, as it were,

but yesterday and directly at our doors, has had no history but a

garbled one; and as much might be said of many border encounters whose

chief use heretofore has been to curdle the blood in penny-dreadfuls.

Accuracy has been sought among the confusing statements purporting to

constitute the record in such historic movements as those of the

"vigilantes" of California and Montana mining days, and of the later

cattle days when "wars" were common between thieves and outlaws, and the

representatives of law and order,--themselves not always duly

authenticated officers of the law.

No one man can have lived through the entire time of the American

frontier; and any work of this kind must be in part a matter of

compilation in so far as it refers to matters of the past. In all cases

where practicable, however, the author has made up the records from

stories of actual participants, survivors and eye-witnesses; and he is

able in some measure to write of things and men personally known during

twenty-five years of Western life. Captain Patrick F. Garrett, of New

Mexico, central figure of the border fighting in that district in the

early railroad days, has been of much service in extending the author's

information on that region and time. Mr. Herbert M. Tonney, now of

Illinois, tells his own story as a survivor of the typical county-seat

war of Kansas, in which he was shot and left for dead. Many other men

have offered valuable narratives.

In dealing with any subject of early American history, there is no

authority more incontestable than Mr. Alexander Hynds, of Dandridge,

Tennessee, whose acquaintance with singular and forgotten bits of early

frontier history borders upon the unique in its way. Neither does better

authority exist than Hon. N. P. Langford, of Minnesota, upon all matters

having to do with life in the Rocky Mountain region in the decade of

1860-1870. He was an argonaut of the Rockies and a citizen of Montana

and of other Western territories before the coming of the days of law.

Free quotations are made from his graphic work, "Vigilante Days and

Ways," which is both interesting of itself and valuable as a historical

record.

The stories of modern train-robbing bandits and outlaw gangs are taken

partly from personal narratives, partly from judicial records, and

partly from works frequently more sensational than accurate, and

requiring much sifting and verifying in detail. Naturally, very many

volumes of Western history and adventure have been consulted. Much of

this labor has been one of love for the days and places concerned, which

exist no longer as they once did. The total result, it is hoped, will

aid in telling at least a portion of the story of the vivid and

significant life of the West, and of that frontier whose van, if ever

marked by human lawlessness, has, none the less, ever been led by the

banner of human liberty. May that banner still wave to-day, and though

blood be again the price, may it never permanently be replaced by that

of license and injustice in our America.

CONTENTS

CHAPTER PAGE

I THE DESPERADO 1

II THE IMITATION DESPERADO 14

III THE LAND OF THE DESPERADO 22

IV THE EARLY OUTLAW 35

V THE VIGILANTES OF CALIFORNIA 74

VI THE OUTLAW OF THE MOUNTAINS 98

VII HENRY PLUMMER 105

VIII BOONE HELM 127

IX DEATH SCENES OF DESPERADOES 137

X JOSEPH A. SLADE 145

XI THE DESPERADO OF THE PLAINS 154

XII WILD BILL HICKOK 167

XIII FRONTIER WARS 187

XIV THE LINCOLN COUNTY WAR 196

XV THE STEVENS COUNTY WAR 227

XVI BIOGRAPHIES OF BAD MEN 256

XVII THE FIGHT OF BUCKSHOT ROBERTS 284

XVIII THE MAN HUNT 292

XIX BAD MEN OF TEXAS 313

XX MODERN BAD MEN 340

XXI BAD MEN OF THE INDIAN NATIONS 371

XXII DESPERADOES OF THE CITIES 393

ILLUSTRATIONS

FACING PAGE

Plummer's Men Holding Up the Bannack Stage (_Frontispiece_)

The Scene of Many Little Wars 12

Types of Border Barricades 36

The Scene of Many Hangings 138

How the Rustler Worked 164

Wild Bill Hickok's Desperate Fight 172

John Simpson Chisum 198

Men Prominent in the Lincoln County War 218

The "Women in the Case" 222

The McSween Store and Bank 240

Billy the Kid 258

"The Next Instant He Fired and Shot Ollinger Dead" 272

Pat F. Garrett 294

A Typical Western Man-Hunt 302

The Old Chisum Ranch 330

The Old Fritz Ranch 358

A Border Fortress 358

"Afterward" 398

Chapter I

The Desperado--_Analysis of His Make-up_--_How the Desperado Got to Be

Bad and Why_--_Some Men Naturally Skillful with Weapons_--_Typical

Desperadoes_.

Energy and action may be of two sorts, good or bad; this being as well

as we can phrase it in human affairs. The live wires that net our

streets are more dangerous than all the bad men the country ever knew,

but we call electricity on the whole good in its action. We lay it under

law, but sometimes it breaks out and has its own way. These outbreaks

will occur until the end of time, in live wires and vital men. Each land

in the world produces its own men individually bad--and, in time, other

bad men who kill them for the general good.

There are bad Chinamen, bad Filipinos, bad Mexicans, and Indians, and

negroes, and bad white men. The white bad man is the worst bad man of

the world, and the prize-taking bad man of the lot is the Western white

bad man. Turn the white man loose in a land free of restraint--such as

was always that Golden Fleece land, vague, shifting and transitory,

known as the American West--and he simply reverts to the ways of

Teutonic and Gothic forests. The civilized empire of the West has grown

in spite of this, because of that other strange germ, the love of law,

anciently implanted in the soul of the Anglo-Saxon. That there was

little difference between the bad man and the good man who went out

after him was frequently demonstrated in the early roaring days of the

West. The religion of progress and civilization meant very little to the

Western town marshal, who sometimes, or often, was a peace officer

chiefly because he was a good fighting man.

We band together and "elect" political representatives who do not

represent us at all. We "elect" executive officers who execute nothing

but their own wishes. We pay innumerable policemen to take from our

shoulders the burden of self-protection; and the policemen do not do

this thing. Back of all the law is the undelegated personal right, that

vague thing which, none the less, is recognized in all the laws and

charters of the world; as England and France of old, and Russia to-day,

may show. This undelegated personal right is in each of us, or ought to

be. If there is in you no hot blood to break into flame and set you

arbiter for yourself in some sharp, crucial moment, then God pity you,

for no woman ever loved you if she could find anything else to love, and

you are fit neither as man nor citizen.

As the individual retains an undelegated right, so does the body social.

We employ politicians, but at heart most of us despise politicians and

love fighting men. Society and law are not absolutely wise nor

absolutely right, but only as a compromise relatively wise and right.

The bad man, so called, may have been in large part relatively bad. This

much we may say scientifically, and without the slightest cheapness. It

does not mean that we shall waste any maudlin sentiment over a

desperado; and certainly it does not mean that we shall have anything

but contempt for the pretender at desperadoism.

Who and what was the bad man? Scientifically and historically he was

even as you and I. Whence did he come? From any and all places. What

did he look like? He came in all sorts and shapes, all colors and

sizes--just as cowards do. As to knowing him, the only way was by trying

him. His reputation, true or false, just or unjust, became, of course,

the herald of the bad man in due time. The "killer" of a Western town

might be known throughout the state or in several states. His reputation

might long outlast that of able statesmen and public benefactors.

What distinguished the bad man in peculiarity from his fellowman? Why

was he better with weapons? What is courage, in the last analysis? We

ought to be able to answer these questions in a purely scientific way.

We have machines for photographing relative quickness of thought and

muscular action. We are able to record the varying speeds of impulse

transmission in the nerves of different individuals. If you were picking

out a bad man, would you select one who, on the machine, showed a

dilatory nerve response? Hardly. The relative fitness for a man to be

"bad," to become extraordinarily quick and skillful with weapons, could,

without doubt, be predetermined largely by these scientific

measurements. Of course, having no thought-machines in the early West,

they got at the matter by experimenting, and so, very often, by a

graveyard route. You could not always stop to feel the pulse of a

suspected killer.

The use of firearms with swiftness and accuracy was necessary in the

calling of the desperado, after fate had marked him and set him apart

for the inevitable, though possibly long-deferred, end. This skill with

weapons was a natural gift in the case of nearly every man who attained

great reputation whether as killer of victims or as killer of killers.

Practice assisted in proficiency, but a Wild Bill or a Slade or a Billy

the Kid was born and not made.

Quickness in nerve action is usually backed with good digestion, and

hard life in the open is good medicine for the latter. This, however,

does not wholly cover the case. A slow man also might be a brave man.

Sooner or later, if he went into the desperado business on either side

of the game, he would fall before the man who was brave as himself and a

fraction faster with the gun.

There were unknown numbers of potential bad men who died mute and

inglorious after a life spent at a desk or a plow. They might have been

bad if matters had shaped right for that. Each war brings out its own

heroes from unsuspected places; each sudden emergency summons its own

fit man. Say that a man took to the use of weapons, and found himself

arbiter of life and death with lesser animals, and able to grant them

either at a distance. He went on, pleased with his growing skill with

firearms. He discovered that as the sword had in one age of the world

lengthened the human arm, so did the six-shooter--that epochal

instrument, invented at precisely that time of the American life when

the human arm needed lengthening--extend and strengthen his arm, and

make him and all men equal. The user of weapons felt his powers

increased. So now, in time, there came to him a moment of danger. There

was his enemy. There was the affront, the challenge. Perhaps it was male

against male, a matter of sex, prolific always in bloodshed. It might be

a matter of property, or perhaps it was some taunt as to his own

personal courage. Perhaps alcohol came into the question, as was often

the case. For one reason or the other, it came to the ordeal of combat.

It was the undelegated right of one individual against that of another.

The law was not invoked--the law would not serve. Even as the quicker

set of nerves flashed into action, the arm shot forward, and there

smote the point of flame as did once the point of steel. The victim

fell, his own weapon clutched in his hand, a fraction too late. The law

cleared the killer. It was "self-defense." "It was an even break," his

fellowmen said; although thereafter they were more reticent with him and

sought him out less frequently.

"It was an even break," said the killer to himself--"an even break, him

or me." But, perhaps, the repetition of this did not serve to blot out a

certain mental picture. I have had a bad man tell me that he killed his

second man to get rid of the mental image of his first victim.

But this exigency might arise again; indeed, most frequently did arise.

Again the embryo bad man was the quicker. His self-approbation now,

perhaps, began to grow. This was the crucial time of his life. He might

go on now and become a bad man, or he might cheapen and become an

imitation desperado. In either event, his third man left him still more

confident. His courage and his skill in weapons gave him assuredness and

ease at the time of an encounter. He was now becoming a specialist. Time

did the rest, until at length they buried him.

The bad man of genuine sort rarely looked the part assigned to him in

the popular imagination. The long-haired blusterer, adorned with a

dialect that never was spoken, serves very well in fiction about the

West, but that is not the real thing. The most dangerous man was apt to

be quiet and smooth-spoken. When an antagonist blustered and threatened,

the most dangerous man only felt rising in his own soul, keen and stern,

that strange exultation which often comes with combat for the man

naturally brave. A Western officer of established reputation once said

to me, while speaking of a recent personal difficulty into which he had

been forced: "I hadn't been in anything of that sort for years, and I

wished I was out of it. Then I said to myself, 'Is it true that you are

getting old--have you lost your nerve?' Then all at once the old feeling

came over me, and I was just like I used to be. I felt calm and happy,

and I laughed after that. I jerked my gun and shoved it into his

stomach. He put up his hands and apologized. 'I will give you a hundred

dollars now,' he said, 'if you will tell me where you got that gun.' I

suppose I was a trifle quick for him."

The virtue of the "drop" was eminently respected among bad men.

Sometimes, however, men were killed in the last desperate conviction

that no man on earth was as quick as they. What came near being an

incident of that kind was related by a noted Western sheriff.

"Down on the edge of the Pecos valley," said he, "a dozen miles below

old Fort Sumner, there used to be a little saloon, and I once captured a

man there. He came in from somewhere east of our territory, and was

wanted for murder. The reward offered for him was twelve hundred

dollars. Since he was a stranger, none of us knew him, but the sheriff's

descriptions sent in said he had a freckled face, small hands, and a red

spot in one eye. I heard that there was a new saloon-keeper in there,

and thought he might be the man, so I took a deputy and went down one

day to see about it.

"I told my deputy not to shoot until he saw me go after my gun. I didn't

want to hold the man up unless he was the right one, and I wanted to be

sure about that identification mark in the eye. Now, when a bartender is

waiting on you, he will never look you in the face until just as you

raise your glass to drink. I told my deputy that we would order a couple

of drinks, and so get a chance to look this fellow in the eye. When he

looked up, I did look him in the eye, and there was the red spot!

"I dropped my glass and jerked my gun and covered him, but he just

wouldn't put up his hands for a while. I didn't want to kill him, but I

thought I surely would have to. He kept both of his hands resting on the

bar, and I knew he had a gun within three feet of him somewhere. At last

slowly he gave in. I treated him well, as I always did a prisoner, told

him we would square it if we had made any mistake. We put irons on him

and started for Las Vegas with him in a wagon. The next morning, out on

the trail, he confessed everything to me. We turned him over, and later

he was tried and hung. I always considered him to be a pretty bad man.

So far as the result was concerned, he might about as well have gone

after his gun. I certainly thought that was what he was going to do. He

had sand. I could just see him stand there and balance the chances in

his mind.

"Another of the nerviest men I ever ran up against," the same officer

went on, reflectively, "I met when I was sheriff of Dona Aña county, New

Mexico. I was in Las Cruces, when there came in a sheriff from over in

the Indian Nations looking for a fugitive who had broken out of a

penitentiary after killing a guard and another man or so. This sheriff

told me that the criminal in question was the most desperate man he had

ever known, and that no matter how we came on him, he would put up a

fight and we would have to kill him before we could take him. We located

our man, who was cooking on a ranch six or eight miles out of town. I

told the sheriff to stay in town, because the man would know him and

would not know us. I had a Mexican deputy along with me.

"I put out my deputy on one side of the house and went in. I found my

man just wiping his hands on a towel after washing his dishes. I threw

down on him, and he answered by smashing me in the face, and then

jumping through the window like a squirrel. I caught at him and tore the

shirt off his back, but I didn't stop him. Then I ran out of the door

and caught him on the porch. I did not want to kill him, so I struck him

over the head with the handcuffs I had ready for him. He dropped, but

came up like a flash, and struck me so hard with his fist that I was

badly jarred. We fought hammer and tongs for a while, but at length he

broke away, sprang through the door, and ran down the hall. He was going

to his room after his gun. At that moment my Mexican came in, and having

no sentiment about it, just whaled away and shot him in the back,

killing him on the spot. The doctors said when they examined this man's

body that he was the most perfect physical specimen they had ever seen.

I can testify that he was a fighter. The sheriff offered me the reward,

but I wouldn't take any of it. I told him that I would be over in his

country some time, and that I was sure he would do as much for me if I

needed his help. I hope that if I do have to go after his particular

sort of bad people, I'll be lucky in getting the first start on my man.

That man was as desperate a fighter as I ever saw or expect to see. Give

a man of that stripe any kind of a show and he's going to kill you,

that's all. He knows that he has no chance under the law.

"Sometimes they got away with desperate chances, too, as many a peace

officer has learned to his cost. The only way to go after such a man is

to go prepared, and then to give him no earthly show to get the best of

you. I don't mean that an officer ought to shoot down a man if he has a

show to take his prisoner alive; but I do mean that he ought to remember

that he may be pitted against a man who is just as brave as he is,

and just as good with a gun, and who is fighting for his life."

[Illustration: THE SCENE OF MANY LITTLE WARS

More men have been killed in this street than in any other in America]

Of course, such a man as this, whether confronted by an officer of the

law or by another man against whom he has a personal grudge, or who has

in any way challenged him to the ordeal of weapons, was steadfast in his

own belief that he was as brave as any, and as quick with weapons. Thus,

until at length he met his master in the law of human progress and

civilization, he simply added to his own list of victims, or was added

to the list of another of his own sort. For a very long time, moreover,

there existed a great region on the frontier where the law could not

protect. There was good reason, therefore, for a man's learning to

depend upon his own courage and strength and skill. He had nothing else

to protect him, whether he was good or bad. In the typical days of the

Western bad man, life was the property of the individual, and not of

society, and one man placed his life against another's as the only way

of solving hard personal problems. Those days and those conditions

brought out some of the boldest and most reckless men the earth ever

saw. Before we freely criticize them, we ought fully to understand them.

The Story of the Outlaw: A Study of the Western Desperado · 第 1 / 22 章