Chapter XV

The Stevens County War--_The Bloodiest County Seat War of the

West_--_The Personal Narrative of a Man Who Was Shot and Left for

Dead_--_The Most Expensive United States Court Case Ever Tried_.

In the month of May, 1886, the writer was one of a party of

buffalo-hunters bound for the Neutral Strip and the Panhandle of Texas,

where a small number of buffalo still remained at that time. We traveled

across the entire southwestern part of Kansas, below the Santa Fé

railroad, at a time when the great land boom of 1886 and 1887 was at its

height. Town-site schemes in western Kansas were at that time

innumerable, and a steady stream of immigration was pouring westward by

rail and wagon into the high and dry plains of the country, where at

that time farming remained a doubtful experiment. In the course of our

travels, we saw one morning, rising before us in the mirage of the

plains, what seemed to be a series of crenelated turrets, castles peaked

and bastioned. We knew this was but the mirage, and knew that it must

have some physical cause. But what was a town doing in that part of the

world? We drove on and in a few hours found the town--a little, raw boom

town of unpainted boards and tents, which had sprung up almost overnight

in that far-off region. The population was that of the typical frontier

town, and the pronounced belief of all was that this settlement was to

be the commercial metropolis of the Southwest. This little town was

later known as Woodsdale, Kansas. It offered then no hint of the bloody

scenes in which it was soon to figure; but within a few weeks it was so

deeply embroiled in war with the rival town of Hugoton as to make

history notable even on that turbulent frontier.

Mr. Herbert M. Tonney, now a prosperous citizen of Flora, Illinois, was

a resident of that portion of the country in the stirring days of the

land boom, and became involved to an extent beyond his own seeking in

this county seat fight. While serving as an officer of the peace, he was

shot and left for dead. No story can serve so well as his personal

narrative to convey a clear idea of the causes, methods and results of a

typical county seat war in the West. His recountal follows:

"I do not need to swear to the truthfulness of my story, for I have

already done so in many courts and under the cross-examination of some

of the ablest lawyers in the country. I have repeated the story on the

stand in a criminal case which cost the United States government more

money than it has ever expended in any similar trial, unless perhaps

that having to do with the assassination of President Lincoln. I can say

that I know what it is to be murdered.

"In March, 1886, I moved out into southwestern Kansas, in what was later

to be known as Stevens county, then a remote and apparently unattractive

region. In 1885 a syndicate of citizens of McPherson, Kansas, had been

formed for the purpose of starting a new town in southwestern Kansas.

The members were leading bankers, lawyers, and merchants. These sent out

an exploration party, among which were such men as Colonel C. E. Cook,

former postmaster of McPherson; his brother, Orrin Cook, a lawyer; John

Pancoast, J. B. Chamberlain, J. W. Calvert, John Robertson, and others.

They located a section of school lands, in what was later known as

Stevens county, as near the center of the proposed county as the range

of sand dunes along the Cimarron river would permit. Others of the party

located lands as close to the town site as possible. On August 3, 1886,

Governor Martin issued a proclamation for the organization of Stevens

county. It appeared upon the records of the State of Kansas that the new

county had 2,662 _bona-fide_ inhabitants, of whom 868 were householders.

These claimed a taxable property, in excess of legal exemptions,

amounting to $313,035, including railroad property of $140,380. I need

not state that the organization was wholly based upon fraud. An election

was called for September 9, and the town of Hugoton--at first called

Hugo--was chosen.

"There can be competition in the town-site business, however. At Mead

Center, Kansas, there resided an old-time Kansas man, Colonel S. N.

Wood, who also wanted a town site in the new county. Wood's partner,

Captain I. C. Price, went down on July 3 to look over the situation. He

was not known to the Hugoton men, and he was invited by Calvert, the

census taker, to register his name as a citizen. He protested that he

was only a visitor, but was informed that this made no possible

difference; whereupon, Price proceeded to register his own name, that of

his partner, those of many of his friends, and many purely imaginary

persons. He also registered the families of these persons, and

finally--in a burst of good American humor--went so far as to credit

certain single men of his acquaintance with large families, including

twenty or thirty pairs of twins! This cheerful imagination on his part

caused trouble afterwards; but certain it is that these fictitious

names, twins and all, went into the sworn records of Hugoton--an unborn

population of a defunct town, whose own conception was in iniquity!

"Price located a section of government land on the north side of the

sand hills, eight miles from Hugoton, and this was duly platted for a

town site. Corner lots were selling at Hugoton for $1,000 apiece, and

people were flocking to that town. The new town was called Woodsdale,

and Colonel Wood offered lots free to any who would come and build upon

them. Settlers now streamed to Woodsdale. Tents, white-topped wagons and

frail shanties sprung up as though by magic. The Woodsdale boom

attracted even homesteaders who had cast in their lot with Hugoton. Many

of these forgot their oaths in the land office, pulled up and filed on

new quarter sections nearer to Woodsdale. The latter town was jubilant.

Colonel Wood and Captain Price, in the month of August, held a big

ratification meeting, taunting the men of Hugoton with those thirty

pairs of twins that never were on land or sea. A great deal of bad blood

was engendered at this time.

"Soon after this Wood and Price started together for Garden City. They

were followed by a band of Hugoton men and captured in a dugout on the

Cimarron river. Brought back to Hugoton, a mock trial was held upon them

and they were released on a mock bond, being later taken out of town

under guard. A report was printed in the Hugoton paper that certain

gentlemen of that town had gone south with Colonel Wood and Captain

Price, 'for the purpose of a friendly buffalo hunt.' It was the

intention to take these two prisoners into the wild and lawless region

of No Man's Land, or the Panhandle of Texas, there to kill them, and to

bring back the report that they were accidentally killed in the buffalo

chase. This strange hunting party did go south, across No Man's Land

and into the desert region lying around the headwaters of the Beaver.

The prisoners knew what they were to expect, but, as it chanced, their

captors did not dare kill them. Meantime, Woodsdale had organized a

'posse' of twenty-four men, under Captain S. O. Aubrey, the noted

frontier trailer, formerly an Indian scout. This band, taking up the

trail below Hugoton, followed and rescued Wood and Price, and took

prisoners the entire Hugoton 'posse.' The latter were taken to Garden

City, and here the law was in turn set at defiance by the Woodsdale men,

the horses, wagons, arms, etc., of the Hugoton party being put up and

sold in the court to pay the board of the teams, expenses of

publication, etc. Colonel Wood bought these effects in at public

auction.

"By this time, Stevens county had been organized and the Hugoton 'pull'

was in the ascendency. A continuance had been taken at Garden City by

the Hugoton prisoners, who were charged with kidnapping. The papers in

this case were sent down from Finney county to the first session of the

District Court of Stevens county. The result was foregone. Tried by

their friends, the prisoners were promptly discharged.

"The feeling between the two towns was all the time growing more bitter.

Cases had been brought against Calvert, the census-taker, for perjury,

and action was taken looking toward the setting aside of the

organization of the county. The Kansas legislature, however, now met,

and the political 'pull' of Hugoton was still strong enough to secure a

special act legalizing the organization of Stevens county. It was now

the legislature against the Supreme Court; for a little later the

Supreme Court declared that the organization had been made through open

fraud and by means of perjury.

"Naturally, trouble might have been expected at the fall election. There

were two centers of population, two sets of leaders, two clans,

separated by only eight miles of sand hills. There could be but one

county seat and one set of officers. Here Woodsdale began to suffer, for

her forces were divided among themselves.

"Colonel Wood, the leader of this community, had slated John M. Cross as

his candidate for sheriff. A rival for the nomination was Sam Robinson,

who owned the hotel at Woodsdale, and had invested considerable money

there. Robinson was about forty years of age, and was known to be a bad

man, credited with two or three killings elsewhere. Wood had always been

able to flatter him and handle him; but when Cross was declared as the

nominee for sheriff, Robinson became so embittered that he moved over to

Hugoton, where he was later chosen town marshal and township constable.

Hugoton men bought his hotel, leaving Robinson in the position of

holding real estate in Woodsdale without owning the improvements on it.

Hence when the town-site commissioners began to issue deeds, Robinson

was debarred from claiming a deed by reason of the hotel property having

been sold. Bert Nobel, a friend of Robinson's, sold his drug store and

moved over with Robinson to Hugoton. Hugoton bought other property of

Woodsdale malcontents, leaving the buildings standing at Woodsdale and

taking the citizens to themselves. The Hugoton men put up as their

candidate one Dalton, and declared him elected. Wood contested the

election, and finally succeeded in getting his man Cross declared as

sheriff of Stevens county.

"It was now proposed to issue bonds for a double line of railroad

across this county, such bonds amounting to eight thousand dollars per

mile. At this time, the population was largely one of adventurers, and

there was hardly a foot of deeded land in the entire county. In the

discussion over this bond election, Robinson got into trouble with the

new sheriff, in which Robinson was clearly in the wrong, as he had no

county jurisdiction, being at the time of the altercation outside of his

own township and town. Later on, a warrant for Robinson's arrest was

issued and placed in the hands of Ed Short, town marshal of Woodsdale.

Short was known as a killer, and hence as a fit man to go after

Robinson.[I] He went to Hugoton to arrest Robinson, and there was a

shooting affair, in which the citizens of Hugoton protected their man.

The Woodsdale town marshal, however, still retained his warrant and

cherished his purpose of arresting his man.

[Footnote I: This man, Ed. Short, later came to a tragic end. A man of

courage, as has been intimated, he had assisted in the capture of a

member of the famous Dalton gang, one Dave Bryant, who had robbed a Rock

Island express train, and was taking him to Wichita, Kansas, to jail. On

the way Short had occasion to go into the smoker of the train, leaving

the prisoner in charge of the express messenger, whom Short had

furnished with a revolver. By some means Bryant became possessed of this

revolver, held up the messenger, and was in the act of jumping from the

swiftly moving train, when Short came out of the smoker. Catching sight

of Short, Bryant fired and struck him, Short returning the fire, and

both falling from the train together, dead.]

"On July 22 of this year, 1888, Short learned that Sam Robinson, the two

Cooks, and a man by the name of Donald, together with some women and

children, had gone on a picnic down in the Neutral Strip, south of the

Stevens county line. Short raised a 'posse' of four or five men and

started after Robinson, who was surprised in camp near Goff creek. There

was a parley, which resulted in Robinson escaping on a fast horse, which

was tied near the shack where he was stopping with his wife and

children. Short, meantime, had sent back word to Woodsdale, stating that

he needed help to take Robinson. Meantime, also, the Hugoton men,

learning that Short had started down after Robinson, had sent out two

strong parties to rescue the latter. A battle was imminent.

"It was at this time that I myself appeared upon the scene of this

turbulent and lawless drama, although, in my own case, I went as a

somewhat unwilling participant and as a servant of the law, not

anticipating consequences so grave as those which followed.

"The sheriff of the county, John M. Cross, on receiving the message from

Short, called for volunteers, which was equivalent to summoning a

'posse.' He knew there was going to be trouble, and left his money and

watch behind him, stating that he feared for the result of his errand.

His 'posse' was made up of Ted Eaton, Bob Hubbard, Rolland Wilcox, and

myself. At that time I was only a boy, about nineteen years of age.

"We had a long and hard ride to Reed's camp, on Goff creek, whence Short

had sent up his message. Arriving there, we found Reed, who was catching

wild horses, together with a man by the name of Patterson and another

man, but Short was not in sight. From Reed we learned that Robinson had

gotten away from Short, who had started back, leaving word for Mr.

Cross, should he arrive, to return home. A band of men from Hugoton, we

learned later, had overtaken Short and his men and chased them for

twenty-five miles, but the latter reached Springfield, Seward county,

unharmed.

"Robinson, who had made his escape to a cow camp and thence to Hugoton

upon a fresh horse, now met and led down into the Strip one of the first

Hugoton 'posses.' Among them were Orrin Cook, Charles Cook, J. W.

Calvert, J. B. Chamberlain, John Jackson, John A. Rutter, Fred Brewer,

William Clark, and a few others. Robinson was, of course, the leader of

this band.

"After Sheriff Cross asked me to go down with him to see what had become

of Ed Short, I went over and got Wilcox and we rode down to the

settlement of Voorhees. Thence we rode to Goff creek, and all reached

Reed's camp about seven or eight o'clock on Wednesday morning, July 25,

1888. Here we remained until about five o'clock of that afternoon, when

we started for home. Our horses gave out, and we got off and led them

until well on into the night.

"At about moonrise, we came to a place in the Neutral Strip known as the

'Hay Meadows,' where there was a sort of pool of standing water, at

which settlers cut a kind of coarse hay. There was in camp there, making

hay, an old man by the name of A. B. Haas, of Voorhees, and with him

were his sons, C. and Keen Haas, as well as Dave Scott, a Hugoton

partisan. When we met these people here, we concluded to stop for a

while. Eaton and Wilcox got into the wagon-box and lay down. My horse

got loose and I was a few minutes in repicketing him. I had not been

lying down more than twenty minutes, when we were surprised by the

Hugoton 'posse' under Robinson. The latter had left the trail, which

came down from the northeast, and were close upon us. They had evidently

been watching us during the evening with field-glasses, as they seemed

to know where we had stopped, and had completely surrounded us before we

knew of their being near us.

"The first I heard was Cross exclaiming, 'They have got us!' At that

time there was shooting, and Robinson called out, 'Boys, close in!' He

called out to Cross, 'Surrender, and hold up your hands!' Our arms were

mostly against the haystacks. Not one of us fired a shot, or could have

done so at that moment.

"Sheriff Cross, Hubbard, and myself got up and stood together. We held

up our hands. They did not seem to notice Wilcox and Eaton, who were

lying in the wagon. Robinson called out to Cross, 'Give up your arms!'

"'I have no arms,' replied Cross. He explained that his Winchester was

on his saddle and that he had no revolver.

"'I know better than that,' said Robinson. 'Search him!' Some one of the

Hugoton party then went over Cross after weapons, and told Robinson that

he had no arms.

"'I know better,' reiterated Robinson. The others stood free at that

moment, and Robinson exclaimed, 'Sheriff Cross, you are my first man.'

He raised his Winchester and fired at Cross, a distance of a few feet,

and I saw Cross fall dead at my side. It was all a sort of trance or

dream to me. I did not seem to realize what was going on, but knew that

I could make no resistance. My gun was not within reach. I knew that I,

too, would be shot down.

[Illustration: THE McSWEEN STORE AND BANK; PROMINENT IN THE LINCOLN

COUNTY WAR]

"Hubbard had now been disarmed, if indeed he had on any weapon. Robinson

remarked to him, 'I want you, too!' and as he spoke he raised his

Winchester and shot him dead, Hubbard also falling close to where I

stood, his murderer being but a few feet from him.

"I knew that my turn must come pretty soon. It was Chamberlain who was

to be my executioner, J. B. Chamberlain, chairman of the board of county

commissioners of Stevens county, and always prominent in Hugoton

matters. Chamberlain was about eight feet from me, or perhaps less, when

he raised his rifle deliberately to kill me. There were powder burns on

my neck and face from the shot, as the woman who cared for me on the

following day testified in court.

"I saw the rifle leveled, and realized that I was going to be killed.

Instinctively, I flinched to one side of the line of the rifle. That

saved my life. The ball entered the left side of my neck, about

three-quarters of an inch from the carotid artery and about half an inch

above the left clavicle, coming out through the left shoulder. I felt no

pain at the time, and, indeed, did not feel pain until the next day. The

shock of the shot knocked me down and numbed me, and I suppose I lay a

minute or two before I recovered sensation or knew anything about my

condition. It was supposed by all that I was killed, and, in a vague

way, I agreed that I must be killed; that my spirit was simply present

listening and seeing.

"Eaton had now got out of the wagon, and he started to run towards the

horses. Robinson and one or two others now turned and pursued him, and I

heard a shot or so. Robinson came back and I heard him say, 'I have shot

the ---- ---- ---- who drew a gun on me!'

"Then I heard the Hugoton men talking and declaring that they must have

the fifth man of our party, whom they had not yet found. At this time,

old man Haas and his sons came and stood near where I was and saw me

looking up. The former, seeing that I was not dead, asked me where I

had been shot. 'They have shot my arm off,' I answered him. At this

moment I heard the Hugoton men starting toward me, and I dropped back

and feigned death. Haas did not betray me. The Hugoton men now lit

matches and peered into the faces of their victims to see if they were

dead. I kept my eyes shut when the matches were held to my face, and

held my breath.

"They finally found Wilcox, I do not know just where, but they stood him

up within fifteen feet of where I was lying feigning death. They asked

Wilcox what he had been doing there, and he replied that he had just

been down on the Strip looking around.

"'That's a damned lie!' replied Robinson, the head executioner. As he

spoke, he raised his Winchester and fired. Wilcox 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 Wilcox 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

Wilcox, 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 circumstances. 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 assembled 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 massacre 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 passed, 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 massacre. Brennan stood

talking to Mrs. Wood and Mrs. Carpenter, smiling and apparently

pleasant. Colonel Wood turned and came down towards the door, again

passing 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 assassinating 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 associated 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 passed, 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 petitioned 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 passage 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 bloody 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 Nobel, who was sent to the penitentiary for seven years for

participating 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."

The Story of the Outlaw: A Study of the Western Desperado · 第 15 / 22 章