The Passing of the Mogans.
A few years previous to the occurrences before given, two young men
arrived in the county and gave their names as Tom and Frank Page, being
brothers. I gave one of them, Frank, employment on my cattle ranch, but
soon became satisfied that he was not the right kind of a man, and
discharged him. Both remained in the section, accepting such employment
as they could obtain. One day a man came along and recognized the Page
brothers as men he had known in Nevada under a different name. Hearing
of this, they admitted that the name first given was an alias, and that
their true names were Mike and Frank Mogan. They were a quarrelsome pair
and posed as bad men, and were not long in involving themselves in
trouble and were shunned by the better class of citizens. In a case
against the younger of the two, Frank Mogan, a young lawyer, C. W.
Barnes, was employed as opposite counsel. This seemed to embitter both
men against Barnes and some threats were made against him. No attention
was paid to the matter by Barnes, but he kept a watch on them when in
their company.
Finally in the fall after the last lynching Mike came to town and in
order to pick a quarrel with Mr. Barnes, began to abuse his younger
brother, a boy of about 17 years. The boy went to his brother and told
him of Mogan's conduct. He was told that if he associated with such men
as Mogan he must suffer the consequences. The boy then went home, and
securing an old cap and ball revolver, came back to the street. Mogan
began on him again, and after suffering his abuse for some time, drew
the revolver and shot him through the chest. Mogan ran a short distance
and drawing his revolver, started back. Seeing that young Barnes was
ready for him, he turned off, walked a short distance, sank down and
died the next day. The affair created some excitement. The boy was
arrested but subsequently came clear.
At the time of the homicide I was out of town and knew nothing of the
shooting until late that night. The other Mogan brother, however,
affected to believe that I had given the revolver to the boy and had
told him to use it. I explained to him the absurdity of the charge,
proving to him that I was out of town. This appeared to make no
difference, he still holding a grudge against me for discharging him. He
made many threats against my life, all of which were borne to me. He
declared he would "kill me if he had to lay behind a sage brush and
shoot me in the back." Still I paid no apparent attention to the
threats, being satisfied he would never at any rate face me.
One evening I was called to the store of Hahne & Fried to attend to some
business. It was just after dark and while I was there I was notified by
a friend that a daughter of Judge Nichols had overheard Mogan tell one
of his friends that he had come to town to kill me and would not leave
until he had accomplished his purpose. This was going a little too far,
and I determined to settle the matter one way, or the other at our first
meeting. The test came sooner than I anticipated. On seeing me he
attempted to draw his gun but was too slow, and fell with more than one
bullet: through his body.
I sent for Sheriff Geo. Churchill and surrendered myself as a prisoner.
He told me to go home and if he wanted me he would send me word. The
committing magistrate, at my request, placed me under bonds to appear
before the Grand Jury. The announcement caused an uproar among the
throng with which the court-room was packed, and I was compelled to go
among them and explain that it was done at my especial request. I wanted
the matter to come up in the Grand jury room and so told the people. The
Oregonian published distorted and untruthful statements regarding the
affair, and attorneys from every part of the State volunteered their
services to defend me free of charge. I wrote to them, of course
thanking them, but told them I had no use for attorneys, as the matter
would never go beyond the Grand jury, and there it ended, the District
Attorney, Mr. McBride, proving my strongest witness.
I have gone somewhat into detail in this matter through no spirit of
bravado, for no one could deplore the necessity of my action more than
I. But to show to those who have never experienced frontier life the
dangers, difficulties and hardships through which one must pass. It may
be said that I should have had Mogan arrested for threatening my life.
To such I will say that under all the circumstances such a course would
only have still more embittered the situation and made the end
inevitable. Another thing, among frontiersmen the man who goes to law
for protection of that kind, makes of himself a pusillanimous object for
every vagabond to spit upon and kick. I was not "built: that way."