Chapter XIX

Bad Men of Texas--_The Lone Star State Always a Producer of

Fighters_--_A Long History of Border War_--_The Death of Ben Thompson_.

A review of the story of the American desperado will show that he has

always been most numerous at the edge of things, where there was a

frontier, a debatable ground between civilization and lawlessness, or a

border between opposing nations or sections. He does not wholly pass

away with the coming of the law, but his home is essentially in a new

and undeveloped condition of society. The edge between East and West,

between North and South, made the territory of the bad man of the

American interior.

The far Southwest was the oldest of all American frontiers, and the

stubbornest. We have never, as a nation, been at war with any other

nation whose territory has adjoined our own except in the case of

Mexico; and long before we went to war as a people against Mexico, Texas

had been at war with her as a state, or rather as a population and a

race against another race. The frontier of the Rio Grande is one of the

bloodiest of the world, and was such long before Texas was finally

admitted to the union. There was never any new territory settled by so

vigorous and belligerent a population as that which first found and

defended the great empire of the Lone Star. Her early men were, without

exception, fighters, and she has bred fighters ever since.

The allurement which the unsettled lands of the Southwest had for the

young men of the early part of the last century lay largely in the

appeal of excitement and adventure, with a large possibility of worldly

gain as well. The men of the South who drifted down the old River Road

across Mississippi and Louisiana were shrewd in their day and

generation. They knew that eventually Texas would be taken away from

Mexico, and taken by force. Her vast riches would belong to those who

had earned them. Men of the South were even then hunting for another

West, and here was a mighty one. The call came back that the fighting

was good all along the line; and the fighting men of all the South, from

Virginia to Louisiana, fathers and sons of the boldest and bravest of

Southern families, pressed on and out to take a hand. They were

scattered and far from numerous when they united and demanded a

government of their own, independent of the far-off and inefficient head

of the Mexican law. They did not want Coahuila as their country, but

Texas, and asked a government of their own. Lawless as they were, they

wanted a real law, a law of Saxon right and justice.

Men like Crockett, Fannin, Travers and Bowie were influenced half by

political ambition and half by love of adventure when they moved across

the plains of eastern Texas and took up their abode on the firing line

of the Mexican border. If you seek a historic band of bad men, fighting

men of the bitterest Baresark type, look at the immortal defenders of

the Alamo. Some of them were, in the light of calm analysis, little

better than guerrillas; but every man was a hero. They all had a chance

to escape, to go out and join Sam Houston farther to the east; but they

refused to a man, and, plying the border weapons as none but such as

themselves might, they died, full of the glory of battle; not in ranks

and shoulder to shoulder, with banners and music to cheer them, but each

for himself and hand to hand with his enemy, a desperate fighting man.

The early men of Texas for generations fought Mexicans and Indians in

turn. The country was too vast for any system of law. Each man had

learned to depend upon himself. Each cabin kept a rifle and pistol for

each male old enough to bear them, and each boy, as he grew up, was

skilled in weapons and used to the thought that the only arbitrament

among men was that of weapons. Part of the population, appreciating the

exemptions here to be found, was, without doubt, criminal; made up of

men who had fled, for reasons of their own, from older regions. These in

time required the attention of the law; and the armed bodies of

hard-riding Texas rangers, a remedy born of necessity, appeared as the

executives of the law.

The cattle days saw the wild times of the border prolonged. The buffalo

range caught its quota of hard riders and hard shooters. And always the

apparently exhaustless empires of new and unsettled lands--an enormous,

untracked empire of the wild--beckoned on and on; so that men in the

most densely settled sections were very far apart, and so that the law

as a guardian could not be depended upon. It was not to be wondered at

that the name of Texas became the synonym for savagery. That was for a

long time the wildest region within our national confines. Many men who

attained fame as fighters along the Pecos and Rio Grande and Gila and

Colorado came across the borders from Texas. Others slipped north into

the Indian Nations, and left their mark there. Some went to the mines of

the Rockies, or the cattle ranges from Montana to Arizona. Many stayed

at home, and finished their eventful lives there in the usual

fashion--killing now and again, then oftener, until at length they

killed once too often and got hanged; or not often enough once, and so

got shot.

To undertake to give even the most superficial study to a field so vast

as this would require a dozen times the space we may afford, and would

lead us far into matters of history other than those intended. We can

only point out that the men of the Lone Star state left their stamp as

horsemen and weapon-bearers clear on to the north, and as far as the

foot of the Arctic circle. Their language and their methods mark the

entire cattle business of the plains from the Rio Grande to the

Selkirks. Theirs was a great school for frontiersmen, and its graduates

gave full account of themselves wherever they went. Among them were bad

men, as bad as the worst of any land, and in numbers not capable of

compass even in a broad estimate.

Some citizens of Montgomery county, Texas, were not long ago sitting in

a store of an evening, and they fell to counting up the homicides which

had fallen under their notice in that county within recent memory. They

counted up seventy-five authenticated cases, and could not claim

comprehensiveness for their tally. Many a county of Texas could do as

well or better, and there are many counties. It takes you two days to

ride across Texas by railway. A review of the bad man field of Texas

pauses for obvious reasons!

So many bad men of Texas have attained reputation far wider than their

state that it became a proverb upon the frontier that any man born on

Texas soil would shoot, just as any horse born there would "buck." There

is truth back of most proverbs, although to-day both horses and men of

Texas are losing something of their erstwhile bronco character. That

out of such conditions, out of this hardy and indomitable population,

the great state could bring order and quiet so soon and so permanently

over vast unsettled regions, is proof alike of the fundamental sternness

and justness of the American character and the value of the American

fighting man.

Yet, though peace hath her victories not less than war, it is to be

doubted whether in her own heart Texas is more proud of her statesmen

and commercial kings than of her stalwart fighting men, bred to the use

of arms. The beautiful city of San Antonio is to-day busy and

prosperous; yet to-day you tread there ground which has been stained red

over and over again. The names of Crockett, Milam, Travis, Bowie, endure

where those of captains of industry are forgotten. Out of history such

as this, covering a half century of border fighting, of frontier travel

and merchandising, of cattle trade and railroad building, it is

impossible--in view of the many competitors of equal claims--to select

an example of bad eminence fit to bear the title of the leading bad man

of Texas.

There was one somewhat noted Texas character, however, whose life comes

down to modern times, and hence is susceptible of fairly accurate

review--a thing always desirable, though not often practical, for no

history is more distorted, not to say more garbled, than that dealing

with the somewhat mythical exploits of noted gun fighters. Ben Thompson,

of Austin, killer of more than twenty men, and a very perfect exemplar

of the creed of the six-shooter, will serve as instance good enough for

a generic application. Thompson was not a hero. He did no deeds of war.

He led no forlorn hope into the imminent deadly breach. His name is

preserved in no history of his great commonwealth. He was in the opinion

of certain peace officers, all that a citizen should not be. Yet in his

way he reached distinction; and so striking was his life that even

to-day he does not lack apologists, even as he never lacked friends.

Ben Thompson was of English descent, and was born near Lockhart, Texas,

according to general belief, though it is stated that he was born in

Yorkshire, England. Later his home was in Austin, where he spent the

greater part of his life, though roaming from place to place. Known as a

bold and skillful gun man, he was looked on as good material for a

hunter of bad men, and at the time of his death was marshal of police

at Austin. In personal appearance Thompson looked the part of the

typical gambler and gun fighter. His height was about five feet eight

inches, and his figure was muscular and compact. His hair was dark and

waving; his eyes gray. He was very neat in dress, and always took

particular pains with his footwear, his small feet being always clad in

well-fitting boots of light material, a common form of foppery in a land

where other details of dress were apt to be carelessly regarded. He wore

a dark mustache which, in his early years, he was wont to keep waxed to

points. In speech he was quiet and unobtrusive, unless excited by drink.

With the six-shooter he was a peerless shot, an absolute genius, none in

all his wide surrounding claiming to be his superior; and he had a

ferocity of disposition which grew with years until he had, as one of

his friends put it, "a craving to kill people." Each killing seemed to

make him desirous of another. He thus came to exercise that curious

fascination which such characters have always commanded. Fear he did not

know, or at least no test arising in his somewhat varied life ever

caused him to show fear. He passed through life as a wild animal,

ungoverned by the law, rejoicing in blood; yet withal he was held as a

faithful friend and a good companion. To this day many men repel the

accusation that he was bad, and maintain that each of his twenty

killings was done in self-defense. The brutal phase of his nature was no

doubt dominant, even although it was not always in evidence. He was

usually spoken of as a "good fellow," and those who palliate or deny

most of his wild deeds declare that local history has never been as fair

to him as he deserved.

Thompson's first killing was while he was a young man at New Orleans,

and according to the story, arose out of his notions of chivalry. He was

passing down the street in a public conveyance, in company of several

young Creoles, who were going home from a dance in a somewhat

exhilarated condition. One or two of the strangers made remarks to an

unescorted girl, which Thompson construed to be offensive, and he took

it upon himself to avenge the insult to womanhood. In the affray that

followed he killed one of the young men. For this he was obliged to flee

to old Mexico, taking one of the boats down the river. He returned

presently to Galveston, where he set up as a gambler, and began to

extend his reputation as a fighting man. Most of his encounters were

over cards or drink or women, the history of many or most of the border

killings.

Thompson's list grew steadily, and by the time he was forty years of age

he had a reputation far wider than his state. In all the main cities of

Texas he was a figure more or less familiar, and always dreaded. His

skill with his favorite weapon was a proverb in a state full of men

skilled with weapons. Moreover, his disposition now began to grow more

ugly, sullen and bloodthirsty. He needed small pretext to kill a man if,

for the slightest cause, he took a dislike to him. To illustrate the

ferocity of the man, and his readiness to provoke a quarrel, the

following story is told of him:

A gambler by the name of Jim Burdette was badly whipped by the

proprietor of a variety show, Mark Wilson, who, after the fight, told

Burdette that he had enough of men like him, who only came to his

theater to raise trouble and interfere with his business, and that if

either he or any of his gang ever again attempted to disturb his

audiences that they would have him (Wilson) to deal with. The next day

Ben Thompson, seated in a barber shop, heard about the row and said to

a negro standing by: "Mack, d--n your nigger soul, you go down to that

place this evening and when the house is full and everybody is seated,

you just raise hell and we'll see what that ---- is made of." The

program was carried out. The negro arose in the midst of the audience

and delivered himself of a few blood-curdling yells. Instantly the

proprietor came out of the place, but caught sight of Thompson, who had

drawn a pair of guns and stood ready to kill Wilson. The latter was too

quick for him, and quickly disappeared behind the scenery, after his

shotgun. There was too much excitement that night, and the matter passed

off without a killing. A few nights thereafter, Thompson procured some

lamp-black, which he gave the gambler Burdette, with instructions to go

to the theater, watch his chance, and dash the stuff in Wilson's face.

This was done and when the ill-fated proprietor, who immediately went

for his shotgun, came out with that weapon, Thompson fell to the ground,

and the contents of the gun, badly fired at the hands of Wilson, his

face full of lamp-black, passed over Thompson's head. Thompson then

arose and filled Wilson full of holes, killing him instantly. The

bartender, seeing his employer's life in danger, fired at Thompson

wildly, and as Thompson turned on him he dodged behind the bar to

receive his death wound through the counter and in his back. Thompson at

the court of last resort managed to have a lot of testimony brought to

bear, and, with a half dozen gamblers to swear to anything he needed, he

was admitted to bail and later freed.

He is said to have killed these two men for no reason in the world

except to show that he could "run" a place where others had failed. A

variation of the story is that a saloon keeper fired at Thompson as he

was walking down the street in Austin, and missing him, sprang back

behind the bar, Thompson shooting him through the head, through the bar

front. Another man's life now meant little to him. He desired to be

king, to be "chief," just as the leaders of the desperadoes in the

mining regions of California and Montana sought to be "chief." It meant

recognition of their courage, their skill, their willingness to take

human life easily and carelessly and quickly, a singular ambition which

has been so evidenced in no other part of the world than the American

West. It is certain that the worst bad men all over Texas were afraid

of Ben Thompson. He was "chief."

Ben Thompson left the staid paths of life in civilized communities. He

did not rob, and he did not commit theft or burglary or any highway

crimes; yet toiling and spinning were not for him. He was, for the most

part, a gambler, and after a while he ceased even to follow that calling

as a means of livelihood. Forgetting the etiquette of his chosen

profession, he insisted on winning no manner how and no matter what the

game. He would go into a gambling resort in some town, and sit in at a

game. If he won, very well. If he lost, he would become enraged, and

usually ended by reaching out and raking in the money on the table, no

matter what the decision of the cards. He bought drinks for the crowd

with the money he thus took, and scattered it right and left, so that

his acts found a certain sanction among those who had not been

despoiled.

To know what nerve it required to perform these acts of audacity, one

must know something of the frontier life, which at no corner of the

world was wilder and touchier than in the very part of the country where

Thompson held forth. There were hundreds of men quick with the gun all

about him, men of nerve, but he did not hesitate to take all manner of

chances in that sort of population. The madness of the bad man was upon

him. He must have known what alone could be his fate at last, but he

went on, defying and courting his own destruction, as the finished

desperado always does, under the strange creed of self-reliance which he

established as his code of life. Thus, at a banquet of stockmen in

Austin, and while the dinner was in progress, Thompson, alone, stampeded

every man of them, and at that time nearly all stockmen were game. The

fear of Thompson's pistol was such that no one would stand for a fight

with him. Once Thompson went to the worst place in Texas, the town of

Luling, where Rowdy Joe was running the toughest dance house in America.

He ran all the bad men out of the place, confiscated what cash he needed

from the gaming tables and raised trouble generally. He showed that he

was "chief."

In the early eighties, in the quiet, sleepy, bloody old town of San

Antonio, there was a dance hall, gambling resort and vaudeville theater,

in which the main proprietor was one Jack Harris, commonly known as

Pegleg Harris. Thompson frequently patronized this place on his visits

to San Antonio, and received treatment which left him with a grudge

against Harris, whom he resolved to kill. He followed his man into the

bar-room one day and killed Harris as he stood in the semi-darkness. It

was only another case of "self-defense" for Thompson, who was well used

to being cleared of criminal charges or left unaccused altogether; and

no doubt Harris would have killed him if he could.

After killing Harris, Thompson declared that he proposed to kill Harris'

partners, Foster and Simms. He had an especial grudge against Billy

Simms, then a young man not yet nineteen years of age, because, so it is

stated, he fancied that Simms supplanted him in the affections of a

woman in Austin; and he carried also his grudge against the gambling

house, where Simms now was the manager. Every time Thompson got drunk,

he declared his intention of killing Billy Simms, and as the latter was

young and inexperienced, he trembled in his boots at this talk which

seemed surely to spell his doom. Simms, to escape Thompson's wrath,

removed to Chicago, and remained there for a time, but before long was

summoned home to Austin, where his mother was very ill. Thompson knew

of his presence in Austin, but with magnanimity declined to kill Simms

while he was visiting his sick mother. "Wait till he goes over to

Santone," he said, "then I'll step over and kill the little ----."

Simms, presently called to San Antonio to settle some debt of Jack

Harris' estate, of which as friend and partner of the widow he had been

appointed administrator, went to the latter city with a heavy heart,

supposing that he would never leave it alive. He was told there that

Thompson had been threatening him many times; and Simms received many

telegrams to that effect. Some say that Thompson himself telegraphed

Simms that he was coming down that day to kill him. Certainly a friend

of Simms on the same day wired him warning: "Party who wants to destroy

you on train this day bound for San Antonio."

Friends of Thompson deny that he made such threats, and insist that he

went to San Antonio on a wholly peaceful errand. In any case, this

guarded but perfectly plain message set Simms half distracted. He went

to the city marshal and showed his telegram, asking the marshal for

protection, but the latter told him nothing could be done until Thompson

had committed some "overt act." The sheriff and all the other officers

said the same thing, not caring to meet Thompson if they could avoid it.

Simms later in telling his story would sob at the memory of his feeling

of helplessness at that time. The law gave him no protection. He was

obliged to take matters in his own hands. He went to a judge of the

court, and asked him what he should do. The judge pondered for a time,

and said: "Under the circumstances, I should advise a shotgun."

Simms went to one of the faro dealers of the house, a man who was known

as bad, and who never sat down to deal faro without a brace of big

revolvers on the table; but this dealer advised him to go and "make

friends with Thompson." He went to Foster, Harris' old partner, and laid

the matter before him. Foster said, slowly, "Well, Billy, when he comes

we'll do the best we can." Simms thought that he too was weakening.

There was a big policeman, a Mexican by name of Coy, who was considered

a brave man and a fighter, and Simms now went to him and asked for aid,

saying that he expected trouble that night, and wanted Coy to do his

duty. Coy did not become enthusiastic, though as a matter of fact

neither he nor Foster made any attempt to leave the place. Simms turned

away, feeling that his end was near. In desperation he got a shotgun,

and for a time stationed himself near the top of the stair up which

Thompson would probably come when entering the place. The theater was up

one flight of stairs, and at the right was the customary bar, from which

"ladies" in short skirts served drinks to the crowd during the variety

performance, which was one of the attractions of the place.

[Illustration: THE OLD CHISUM RANCH BELOW ROSWELL, NEW MEXICO]

It was nervous work, waiting for the killer to come, and Simms could not

stand it. He walked down the stairway, and took a turn around the block

before he again ascended the stairs to the hall. Meantime, Ben Thompson,

accompanied by another character, King Fisher, a man with several

notches on his gun, had ascended the stairs, and had taken a seat on the

right hand side and beyond the bar, in the row nearest the door. When

Simms stepped to the foot of the stairs on his return, he met the

barkeeper, who was livid with terror. He pointed trembling up the stair

and whispered, "He's there!" Ben Thompson and King Fisher had as yet

made no sort of demonstration. It is said that King Fisher had decoyed

Thompson into the theater, knowing that a trap was laid to kill him. It

is also declared that Thompson went in merely for amusement. A friend of

the author, a New Mexican sheriff who happened to be in San Antonio, saw

and talked with both men that afternoon. They were both quiet and sober

then.

Simms' heart was in his mouth, but he made up his mind to die game, if

he had to die. Slowly he walked up the stairway. Such was Thompson's

vigilance, that he quickly arose and advanced toward Simms, who stood at

the top of the stairs petrified and unable to move a muscle. Before

Simms could think, his partner, Foster, appeared on the scene, and as he

stood up, Thompson saw him and walked toward him and said: "Hello,

Foster, how are you?" Slowly and deliberately Foster spoke: "Ben, this

world is not big enough for us both. You killed poor Jack Harris like a

dog, and you didn't as much as give him a chance for his life. You and I

can never be friends any more." Quick as a flash and with a face like a

demon, Thompson drew his pistol and jammed it into Foster's mouth,

cruelly tearing his lips and sending him reeling backward. While this

was going on, Simms had retreated to the next step, and there drew his

pistol, not having his shotgun in hand then. He stepped forward as he

saw Foster reel from the blow Thompson gave him, and with sudden courage

opened fire. His first shot must have taken effect, and perhaps it

decided the conflict. Thompson's gun did not get into action. Simms kept

on firing. Thompson reeled back against King Fisher, and the two were

unable to fire. Meantime the big Mexican, Coy, showed up from somewhere,

just as Foster had. Both Foster and Coy rushed in front of the line of

fire of Simms' pistol; and then without doubt, Simms killed his own

friend and preserver. Foster got his death wound in such position that

Simms admitted he must have shot him. None the less Foster ran into

Thompson as the latter reeled backwards upon Fisher, and, with the fury

of a tiger, shoved his own pistol barrel into Thompson's mouth in turn,

and fired twice, completing the work Simms had begun. The giant Coy

hurled his bulk into the struggling mass now crowded into the corner of

the room, and some say he held Ben Thompson's arms, though in the mêlée

it was hard to tell what happened. He called out to Simms, "Don't mind

me," meaning that Simms should keep on firing. "Kill the ---- of ----!"

he cried. Coy no doubt was a factor in saving Simms' life, for one or

the other of these two worst men in the Southwest would have got a man

before he fell, had he been able to get his hands free in the

struggling. Coy was shot in the leg, possibly by Simms, but did not

drop. Simms took care of Coy to the end of his life, Coy dying but

recently.

One of the men engaged in this desperate fight says that Coy did not

hold Thompson, and that at first no one was shot to the floor. Thompson

was staggered by Simms' first shot, which prevented a quick return of

fire. It was Foster who killed Thompson and very likely King Fisher, the

latter being hemmed in in the corner with Thompson in front of him. Coy

rushed into the two and handled them so roughly that they never got

their guns into action so far as known.

Leaving the fallen men at the rear of the theater, Simms now went down

stairs, carrying Foster's pistol, with two chambers empty (the shots

that killed Thompson) and his own gun. He saw Thompson's brother Bill

coming at him. He raised the gun to kill him, when Phil Shardein, then

city marshal, jumped on Thompson and shielded him with his body,

calling out, "Don't shoot, Billy, I've got him." This saved Bill

Thompson's life. Then several shots were heard upstairs, and upon

investigation, it was found that Coy had emptied his pistol into the

dead body of Thompson. He also shot Fisher, to "make sure the ---- were

dead."

Thus they died at last, two of the most notorious men of Texas, both

with their boots on. There were no tears. Many told what they would or

could have done had Ben Thompson threatened them. This closing act in

the career of Ben Thompson came in the late spring of 1882. He was then

about forty-three years of age.

King Fisher, who met death at the same time with Thompson, was a good

disciple of desperadoism. He was a dark-haired, slender young man from

Goliad county--which county seems to have produced far more than its

share of bad men. He had killed six men and stolen a great many horses

in his time. Had he lived longer, he would have killed more. He was not

of the caliber sufficient to undertake the running of a large city, but

there was much relief felt over his death. He had many friends, of

course, and some of these deny that he had any intention of making

trouble when he went into the theater with Ben Thompson, just as friends

of the latter accuse King Fisher of treachery. There are never lacking

men who regard dead desperadoes as martyrs; and indeed it is usually the

case that there are mixed circumstances and frequently extenuating ones,

to be found in the history of any killer's life.

Another Goliad county man well known around San Antonio was Alfred Y.

Allee, who was a rancher a short distance back from the railway. Allee

was decent when sober, but when drunk was very dangerous, and was

recognized as bad and well worth watching. Liquor seemed to transform

him and to make him a bloodthirsty fiend. He had killed several men, one

or two under no provocation whatever and when they were defenseless,

including a porter on a railway train. It was his habit to come to town

and get drunk, then to invite every one to drink with him and take

offense at any refusal. He liked to be "chief" of the drinking place

which he honored with his presence. He once ordered a peaceful citizen

of San Antonio, a friend of the writer, up to drink with him, and when

the latter declined came near shooting him. The man took his drink,

then slipped away and got his shotgun. Perhaps his second thought was

wiser. "What's the use?" he argued with himself. "Somebody'll kill Allee

before long anyhow."

This came quite true, for within the week Allee had run his course. He

dropped down to Laredo and began to "hurrah" that town also. The town

marshal, Joe Bartelow, was a Mexican, but something of a killer himself,

and he resolved to end the Allee disturbances, once for all. It is said

that Allee was not armed when at length they met in a saloon, and it is

said that Bartelow offered his hand in greeting. At once Bartelow threw

his arm around Allee's neck, and with his free hand cut him to death

with a knife. Whether justifiable or not, that was the fashion of the

homicide.

Any man who has killed more than twenty men is in most countries

considered fit to qualify as bad. This test would include the little

human tiger, Tumlinson, of South Texas, who was part of the time an

officer of the law and part of the time an independent killer in Texas.

He had many more than twenty men to his credit, it was said, and his

Mexican wife, smilingly, always said that "Tumlinson never counted

Mexicans." He was a genius with the revolver, and as good a rifle shot

as would often be found. It made no difference to him whether or not a

man was running, for part of his pistol practice was in shooting at a

bottle swinging in the wind from the bough of a tree. Legend goes that

Tumlinson killed his wife and then shot himself dead, taking many

secrets with him. He was bad.

Sam Bass was a noted outlaw and killer in West Texas, accustomed to ride

into town and to take charge of things when he pleased. He had many

thefts and robberies to his credit, and not a few murders. His finish

was one not infrequent in that country. The citizens got wind of his

coming one day, just before he rode into Round Rock for a little raid.

The city marshal and several others opened fire on Bass and his party,

and killed them to a man.

It was of such stuff as this that most of the bad men and indeed many of

the peace officers were composed, along a wide frontier in the early

troublous days following the civil war, when all the border was a

seething mass of armed men for whom the law had as yet gained no

meaning. To tell the story of more individuals would be to depart from

the purpose of this work. Were these men wrong, and were they wholly

and unreservedly bad? Ignorance and bigotry will be the first to give

the answer, the first to apply to them the standards of these later

days.

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