CHAPTER XXV.AFTER GADSHILL.

CHAPTER XXV.AFTER GADSHILL.

The bold act of brigandage at Gadshill aroused the whole country. The outlaws had become formidable. Missouri and Arkansas were alike interested, and the citizens of both states were ready to make personal sacrifices to aid in the capture of such daring brigands. But who were the robbers? A question not easy to answer with any assurance of correctness. Some said at once that it was the Jameses and the Youngers and their associates. Geo. W. Shepherd, one of Quantrell's most daring Guerrillas in Missouri, and one of those who separated from him when he went to Kentucky, was an intimate friend of the Jameses in the old Guerrilla times. After the war Shepherd emigrated to Kentucky and married at Chaplin, Nelson county, where he settled down. After Russellville, circumstances pointed to him as one of the persons implicated in the robbery. He was arrested, carried to Logan county and tried. The proof was of such a character that he was found guilty of aiding and abetting the robbers, and was sentenced to the penitentiary for a term of three years. At the expiration of his sentence he returned to Chaplin and learned that during his incarceration his wife had obtained a divorceand married another man. Shepherd had paid $600 on the house and lot which he found his ex-wife and husband occupying. But he left them there and took his departure from Kentucky. At the time of the Gadshill affair he was somewhere in Missouri. But there is not a particle of evidence to connect him with the robbery.

Bradley Collins was a noted desperado in those days, who figured in Texas and the Indian Territory as one of the worst outlaws in the business. He also rode at times with the Jameses and the Youngers. John Chunk was another daring outlaw who infested Texas and the Indian Territory, and often came into Missouri and co-operated with the brigands of that state.

Sid Wallace, afterwards hanged at Clarksville, Arkansas, was another noted outlaw between the years 1866 and 1874. He, too, was a "friend" of the Jameses. Cal Carter, Jim Reed, John Wes. Hardin, Sam Bass, Bill Longley, Tom Taylor and Jim Clark, all notorious in Texas and the Nation, often joined the Missouri outlaws and hunted with them. Indeed, it appears that there was a regularly organized band of brigands ramifying through the states of Missouri, Kansas, Colorado, Arkansas, the Indian Territory and Texas. This banditti was composed of the most desperate and daring men who had ever placed themselves beyond the pale of the law in this country.

Whatever doubts might once have existed concerningthe personality of the bandits of Gadshill, they have all vanished in the light of subsequent events. Jesse and Frank James, some of the Youngers and their associates, were undoubtedly the men who rode to Gadshill. The fellows seemed to have had a bit of classical humor in their composition in selecting a place so named as the scene of such an exploit.

It seemed to have created a conviction in the minds of those in authority, also, that the Jameses were the leaders. Governor Woodson, of Missouri, offered a reward to the full extent of the law's provisions. Governor Baxter, of Arkansas, communicated to Governor Woodson his desire to aid in the capture of the outlaws, and also offered a reward. The express company offered a heavy reward for the capture of the bandits, and the United States authorities took an active interest in the movement set on foot to break up the formidable banditti. Stimulated by the prospect of gain, the detectives all over the country became active in the pursuit. The citizens, too, were on the move, and it seemed that the auguries all pointed to a speedy annihilation of this formidable gang which infested the West.

Meanwhile another outrage was committed almost on the line of retreat from Gadshill, which still further agitated the public mind.

During the afternoon of the 11th of February, 1874, five men, splendidly mounted and well armed, rode into the town of Bentonville, Benton county,Arkansas. Their entrance was quiet. They rode to the store of Craig & Son; dismounted and entered the store; made prisoners of the proprietors and clerks at the muzzle of pistols, and proceeded to rifle the cash box. Fortunately for the firm of Craig & Son, they had made a deposit that day and the robbers only obtained about one hundred and fifty dollars in money. They helped themselves to about one hundred dollars' worth of goods; warned the proprietors and clerks not to give the alarm until they had passed out of town; went out; mounted their horses and rode away in the most nonchalant manner. In a saloon adjacent, there were more than twenty men who were uninformed as to what was taking place in the store of Messrs. Craig & Son, until after the robbers had departed. Pursuit was made, but the bandits escaped.

The weeks following the Gadshill outrage were busy ones with the detectives. A carefully planned campaign against the marauders was at once instituted and prosecuted with great vigor. Allan Pinkerton, the American Vidocq, was employed by the express company to hunt the robbers down. The United States Government ordered the Secret Service force into the field, and the police and constabulary forces of Missouri and Arkansas, under orders from the Governors of the respective states, were acting in concert with the forces of detectives called into service by the General Government and the express company.

The brigands were successfully tracked through the wilds of southern Missouri, and their trail led into the hill country of St. Clair county, and across Jackson county on beyond the Missouri river. No doubt was left upon the minds of the man-hunters as to the personalty of the Gadshill robbers. The James Boys and some of the Youngers were certainly engaged in it. The Youngers, at least John and Jim, had returned to Roscoe, St. Clair county, "flush with cash." The detectives were on their tracks. To the force was added Ed. B. Daniels, a courageous young man of Osceola, who was thoroughly acquainted with the country. The detective force in St. Clair county was under the direction of one of Allan Pinkerton's picked men, Captain W. J. Allen, whose real name was Lull. With him was a St. Louis "fly cop," well known, and distinguished for his shrewdness and daring, who for the time had assumed the name of Wright. Daniels was extremely serviceable as a guide.

One morning, when near the residence of Theodoric Snuffer, a short distance from Roscoe, these three men were suddenly surprised by John and James Younger, who rode up behind them in the road. They were at Snuffer's house, and saw the detectives pass, and started out with the avowed purpose of capturing them. Approaching the three men in the rear, they raised their double-barrel shot-guns, and with an oath commanded them to hold up their hands and drop their pistols. Taken thus, at adisadvantage, the detectives complied, and dropped their belts of pistols in the road. James Younger dismounted to secure them, while John remained on horseback with a double-barrel gun covering them. For a moment he lowered his gun. That moment was fatal. Captain Lull drew a concealed Smith & Wesson revolver from his bosom, and fired. The ball took effect in John Younger's neck, severing the left jugular vein. In the very agonies of death, as he fell from his horse to die, John Younger raised a pistol and fired, the ball taking effect in the left arm and side of Captain Lull. Two more shots were fired, probably by James Younger, before Allen, or rather Lull, fell. James Younger then commenced firing at Ed. B. Daniels. That gentleman also had a concealed pistol, returned the fire and inflicted a slight flesh wound on the person of James Younger. But his fate was sealed. A fatal bullet crashed through the left side of the neck, and Daniels fell, and soon afterward expired. This tragedy excited and alarmed the whole country. It was no longer possible for James Younger to remain in the country. He took the pistols which his dead brother, John, had worn, and departed for the house of a friend in Boone county, Arkansas, where he was soon joined by Cole and Bob.

Wright, who was riding a short distance in advance of Captain Lull and Ed. Daniels, hearing the summons of the Younger Brothers, turned, and at a glance saw the situation, and, putting spurs to hishorse, dashed away. Although he was fired upon and pursued a short distance by James Younger, he managed to escape unharmed, aided as he was by a very fleet horse.

The hunters for the Jameses met with no better luck. One of the darkest tragedies which ever disgraced the state of Missouri followed the efforts of the detectives to capture the shrewdest and most daring outlaws who have yet appeared in this country. There is an air of mystery about this terrible episode which makes it all the more thrilling. The full details of this crime are reserved for another chapter.

CHAPTER XXVI.WHICHER'S RIDE TO DEATH.

The James Boys were believed to have been the projectors and leaders of the Gadshill enterprise. Soon after that event they returned to Clay county. Traces of their trail through Southern Missouri were soon discovered. The description given of two of the five travellers who took breakfast at Mrs. Cook's on Current river, and lodged at Mr. Mason's house in Texas county, answered well for Frank and Jesse James. The detectives caught at every clue. The James Boys were at Gadshill beyond a doubt. And so the brigand hunters passed into Clay county.

Meanwhile the James Boys and other members of the gang were resting in the vicinity of Kearney, in Clay county, at the residence of Dr. Samuels. Among those known to have been there were Jim Cummings and Clell Miller, Jim Anderson, a brother of Bill Anderson, of Centralia notoriety, and Bradley Collins, a Texas desperado. The sheriff of Clay county thought Arthur McCoy was probably at that time with the Jameses. On the 9th day of March, Jesse James spent a portion of the day in Kearney. The gang had several horses shod a few days before at a country blacksmith shop in that vicinity.

Wednesday, March 10, 1874, arrived at Liberty,the county seat of Clay county, Missouri, J. W. Whicher, from what place it mattered not to the citizens of Liberty. This man was in the very vigor of a matured manhood. He was just twenty-six years of age, lately married to an estimable and accomplished young lady, a resident of Iowa City.

Whicher was intelligent, shrewd and daring. He was selected by his chief, Allan Pinkerton, who is acknowledged as a consummate judge of human nature, as the fittest instrument to execute the most dangerous enterprise which he had ever yet undertaken.

Immediately on arriving at Liberty, Whicher called at the Commercial Savings Bank to see Mr. Adkins, its president. To him he made known his errand into that section. At the same time he deposited in the bank some money and papers. Mr. Adkins was not able to give Whicher all the information which he desired, and sent him to Col. O. P. Moss, ex-sheriff of Clay county, for further information.

When he opened his plans to Moss, that gentleman advised him not to go. He gave him a terrible account of the prowess of the desperadoes; told him of their shrewdness and of their merciless nature when excited by the presence of an enemy, and warned him that he need not hope to secure such wary men by stratagem. Col. Moss was earnest in his efforts to dissuade Whicher from making the rash attempt.

But it was of no avail. Whicher had received what he regarded as positive evidence that the Jameses were the leaders of the Gadshill bandits, and, further, that they were now at home, near Kearney. Stimulated by the hope of "catching his game," and securing the large rewards, Whicher, who seems to have been destitute of any sense of fear, made his arrangements to go that very evening to the Jameses' place of retreat. Disguised in the garb of a farm laborer, with an old carpet bag swung on a stick, Whicher took the evening train for Kearney, and there made inquiries for work on a farm. He did not tarry long at the station, but soon started out toward the Samuels place.

Poor Whicher! he little thought that his fate was already determined upon by those whose destiny he was seeking to determine. But so it was.

There was a friend of the Jameses in Liberty that day—a fellow named Jim Latche, who had been expelled from Texas on account of his worthless qualities as a citizen and dangerous attributes as a criminal. Latche had met the James Boys, and had made a raid with them, on one occasion, down in Texas. He had been resting at their retreat for a few days, and was probably on a scout for them that day. At any rate, he was in Liberty when Whicher arrived. He observed his movements, because Whicher was a stranger; saw him go to the bank and make a deposit; waited while he conferred with Mr. Adkins, and then, tracked him to Col. Moss'office. He came to the conclusion that Whicher was a detective; and when afterward he saw that the detective had changed his clothes, he was convinced that he was right. Latche hastened away to give a report of what he had heard and observed.

When Whicher arrived at Kearney the Jameses knew of it, and suspected the truth concerning his mission. It was in the evening. Jim Anderson, Jesse James and Bradley Collins were in waiting on the roadside, about half a mile from the Samuels residence. Soon after Whicher came along. He was carrying a carpet-sack. Jesse James came out of their concealment alone, and met Whicher in the road.

"Good evening, sir," said Whicher.

"Where in h—ll areyougoing?" responded the other.

"Well, it's a rude response, but I will not answer as rudely again. I am seeking work. Can you tell me where I can get some work on a farm?"

"No, not much, you don't want any, either, you d—d thief. Old Pinkerton has already given you a job that will last you as long as you live, I reckon."

And Jesse laughed a cold, hard laugh that meant death. Of course Whicher was helpless, for the other had him under cover of a pistol from the moment he came in sight. But Whicher was dauntless and wary, and, without exhibiting the least trepidation, he said:

"Who do you take me to be? What have I to dowith Pinkerton or his business? I am a stranger in the country and want something to do. I don't see why you should keep that pistol pointed at me. I don't know you, and have never done you any wrong."

"Oh, d—n it, you are the kind of a dog that sneaks up and bites, are you? You will carry in the James Boys, will you? You are a nice sneaking cur, ain't you? Want work, do you? What say you, my sneak? Eh?"

The tantalizing manner of Jesse James did not disconcert the detective. He answered these taunts with perfect coolness:

"I don't understand you, sir. I am no cur, and know nothing of the James Boys. I addressed you politely, and you did not return the same. I said I wanted some employment, and you taunt me for it. I must bid you good evening."

With this, Whicher made a step forward. His progress was arrested by the harsh voice of Jesse James.

"You shall die if you move out of your tracks! Keep up your hands!"

Whicher realized by this time that his chance of escape was small, for he knew that Jesse James stood before him, and he had quickly made up his mind that he would sell his life dearly. He was cool, active and expert with the pistol; his right hand was almost involuntarily seeking to grasp his weapon. But Jesse James evidently had him at a great disadvantage.Instantly realizing this, he changed his purpose.

"Well, this is a singular adventure, I declare. Now, why you should make such a mistake concerning me is more than I can imagine. You are surely making sport of me. I tell you I know nothing of the persons of whom you speak, and why should you interrupt me? Let me go on, for I must find a place to stop to-night, anyhow."

Jesse James laughed outright. "What," said he, "were you doing at Liberty to-day? Why did you deposit money in the bank? What business did you have with Adkins and Moss? Where are the clothes you wore? Plotting to capture the James Boys, eh?" and Jesse laughed aloud, and Jim Anderson and Fox, another confederate of the Boys, came from their concealment, with pistols in hand. Poor Whicher saw this, and for the first time he fully realized the helplessness of his position.

"Betrayed," he thought, almost said.

Jesse James said, in a cold, dry tone: "Young man, we want to hear no more from you. We know you. Move but a finger and you die now. Boys," he said, addressing Anderson and Fox, "I don't think it best to do the job here. It wouldn't take long, but for certain reasons I don't think this is the place. Shall we cross the river to-night?" The others answered they would, if it was his pleasure.

All this time Whicher had stood still; not a muscle moved, and not a single wave of pallor had coveredhis features. He knew what they meant by "the job," and made up his mind to improve any incident, however slight, to have revenge on his murderers.

But there were no favorable incidents for him. He had been tried and condemned in a court from which he could not appeal. At what time the sentence would be executed he could not tell.

"Boys, relieve him of his burden and weapons," said Jesse James.

Quick as thought, Whicher's hand was thrust into the bosom of his coat. It was too late. Fox and Anderson sprang upon him, while Jesse James placed the muzzle of his pistol against his temple. To struggle was useless. He was compelled to yield, for just then Brad Collins and Jim Latche joined the others. The case of the detective was hopeless. In an instant they had disarmed him; he had brought only one Smith & Wesson pistol. Then the desperadoes felt of his hands, and laughed at his pretensions as a farm-laborer.

Whicher Meets His Fate.

Whicher Meets His Fate.

Whicher Meets His Fate.

Confident in the belief that he had been betrayed by one of the two gentlemen to whom he had applied at Liberty, Whicher made up his mind that he would make no whining petition to the murderers. If he had known the exact state of the case he would not have gone to Kearney, and if he had gone he would have been better prepared to encounter the Boys. But fate had ordained it otherwise, and another victim to the long, long catalogue of nameswhich Jesse James had written in blood was the outcome of it all.

Darkness had fallen upon the fair scenes of nature while these things were happening. The cool March winds whistled dismally through the yet naked forest trees. The stars came out and looked coldly from the empyrean, but there was purity in their beams, and no blood marks on their twinkling discs. It was meet that the tragedy which was about to take place should be enacted in the hours of gloomy night, and at a time when all without was comfortless and dreary.

Whicher was bound securely, and a gag was placed in his mouth that he might call for no aid or deliverance. The desperadoes placed hum upon a horse, in the still hours of the night, and rode away. His legs were tied securely under the horse's belly, and his arms were pinioned with strong ropes. Jesse James, Bradley Collins and Jim Anderson were the executioners. In silence himself, Whicher, during that long, lonely ride heard the three discussing their bloody deeds with a thrill of horror, for they had told him what his fate was to be.

About three o'clock on the morning of the 11th of March, the drowsy ferryman at Blue Mills, on the Missouri river, was roused to wakefulness by the shouts of men on the north side, who signified their desire to cross over.

"Be in a hurry," cried the belated travelers. "We are after horse thieves and must cross quick if we catch them."

Thus appealed to the ferryman crossed the river to the northeastern shore, where the horse thief hunters awaited him.

When they came down to the boat, they said to the ferryman:

"We have caught the thief, and if you want to keep your head on your shoulders you had better put us across the river very quick."

So persuaded, the ferryman obeyed. They were soon on the south side of the river. The ferryman observed that one of the men was bound and gagged. It was poor Whicher on his way to his execution. The very stars shone piteously through a veil of mist, and the winds sighed sadly as the strange group moved off on the Independence road. But neither the helpless condition of their victim, nor the sad aspect of nature in the solemnity of the hours of darkness could evoke a spark of pity in the sered hearts of Whicher's executioners.

They rode away in the darkness. Just how they executed their purpose only the red-handed outlaws and the merciful God knows.

The next morning an early traveler on the road from Independence to Blue Mills, about half way between the places, in a lonely spot, saw a ghastly corpse with a bullet-hole through the forehead and another through the heart. It was all that remained of Whicher.

CHAPTER XXVII.A NIGHT RAID OF DETECTIVES.

After Whicher's melancholy fate, Allan Pinkerton had motives aside from those of gain for pursuing to the death the celebrated border bandits, Frank and Jesse James. In one year, three of the most courageous and trusted men in the employ of the distinguished detective had been sent out after the Missouri outlaws, and were carried back cold in death, after conflicts with the desperadoes. Whicher and Lull and Daniels were asleep in gory beds. And yet Frank and Jesse James, and their followers and allies, were free as the winds that blow, to come and go as interest or caprice might dictate to them. While this condition of affairs continued, Pinkerton must have felt that his reputation as a skillful entrapper of criminals suffered.

About the first of the year 1875, the great detective commenced a campaign against the renowned brigands which was meant to be finally effective. The most elaborate and careful preparations were made. Nothing was left undone which could in any way contribute to the success of the undertaking. The utmost secrecy was observed in every movement.

Several circumstances seemed to favor the detectives.Many of the most respectable citizens of Clay county had grown weary of the presence in their midst of persons of the evil reputation of the Jameses, and entered with alacrity and zeal into the scheme inaugurated for the capture of the Boys. Among those of the citizens most prominent in the movement which had for its design the annihilation of the band of which Jesse James was supposed to be the chief leader, were several of the old neighbors and acquaintances of the James and Samuels families.

With these citizens, Mr. William Pinkerton, who had gone from Chicago to Kansas City, to direct the movements of the detective forces, opened communication. A system of cipher signals was adopted, and communications constantly passed between the different persons engaged in the undertaking. The citizens in the neighborhood of Kearney were watchful, and keenly observed every movement in the vicinity of the residence of Dr. Samuels, and daily transmitted the results to their chief, who had established temporary headquarters at Kansas City.

It was known to some of the immediate neighbors of Dr. Samuels that Frank and Jesse James were at home. They had been seen occasionally at the little railway station of Kearney, which is three miles distant from the residence which had been, and was still claimed, as the home of the outlaws. Near neighbors, in casually passing, had seen them about the barnyards. All these things had been faithfully reported to the chief detective at Kansas City.

At length the opportune time for striking a decisive blow was deemed to have arrived. Dispatches in cipher were sent to Chicago for reinforcements, and specific orders touching their movements after their arrival near the objective point, were given. The Kansas City division of the forces was held in readiness to co-operate with the force from the East. The citizens of Clay county, who had so zealously aided the detectives, received final instructions as to the part they were to take in the grandcoup, by which their county was to be forever relieved of the presence of the dangerous outlaws.

Extraordinary precautions had been taken to maintain a profound secrecy as to the movements and purposes of the detectives. No strange men had been seen loitering about Kearney. Everything which could possibly be done to allay suspicion on the part of the outlaws had been done. But the Jameses had friends everywhere in Western Missouri—keen, shrewd, vigilant men, who noted everything, and whose suspicions were aroused by the slightest circumstance. The very quiet which prevailed was ominous of approaching danger. Somehow, too, they had learned of the sending and receiving of cipher messages by a Clay county man, at Liberty. This made them doubly watchful.

The extensive preparations which had been made, and the necessity imposed upon them of waiting for a suitable opportunity to strike, had occupied much time, and it was not until the night of the 25th ofJanuary, that the detectives made the final attack.

Jesse and Frank had been seen near the Samuels place that very evening, and no doubt was entertained that they were at home.

The detective forces destined for the attack on what was facetiously termed "Castle James," were divided into small squads, and began to arrive in Clay county on the afternoon of the 24th, from the East. Coming after night, they were met by citizens of Clay county and conducted to places of shelter in the most quiet and secret manner. After nightfall on the evening of the 25th, a special train came up by Kearney, and on it came another detachment from Kansas City. These were met by citizens well acquainted, and conducted to the place of rendezvous.

Secretly as these movements had been conducted, the ever-vigilant Jesse had his suspicions aroused by some trivial circumstance, which would have escaped the attention of almost any other man. Convinced that some formidable movement was going on, designed to consummate his destruction, Jesse James, his brother, and another member of the band rode away from the Samuels house after nightfall that very evening, and at the hour when the detectives arrived in the vicinity of the place where they expected to capture them, the Jameses were riding in the cold, well on their way to the house of a friend, miles away.

The detectives had no intimation that their intendedvictims had taken the alarm and departed from the place. They were assured that the outlaws had been seen in the vicinity of their home at a late hour in the afternoon, and it was believed that they were there still.

The night was cold and dark. It was late—perhaps near midnight, when the detective force arrived at the farm-house. There were nine men selected from Pinkerton's force because of their shrewdness and courage, and several citizens of the vicinity who, like the detectives, were fully armed. The assailing forces took up their stations completely surrounding the house. Some balls of tow thoroughly saturated with kerosene oil and turpentine had been prepared, and the detectives carried with them some formidable hand-grenades to be used in the assault. Two of the assailants approached a window at the rear of the house. The slight noise made in opening the shutters and raising the sash aroused a negro woman, an old family servant, who was sleeping in the apartment. She at once set up a shout of alarm which speedily brought to the room Mrs. Samuels, her husband, and several members of the family, some of them young children.

Night Attack on the Samuels Residence.

Night Attack on the Samuels Residence.

Night Attack on the Samuels Residence.

Just then a lighted ball of tow and oil was thrown into the room. The place was instantly brilliantly illuminated. The inmates of course, having just been aroused from slumber, were greatly agitated at this unexpected assault. The situation was truly appalling. Another lighted ball was hurledinto the room. The younger members of the family cried out piteously as they fled aghast from the lurid flames that shot toward the ceiling. Mrs. Samuels quickly recovered her presence of mind, and began to give directions and personally to exert herself in the work of subduing the flames. She was permitted only a moment to engage in this employment. There was a sudden crash as a great iron ball struck the floor, followed in an instant by a terrific explosion. Instantly the room was filled by a dense cloudof smoke, through which the white flames of the fireballs gleamed with a lurid red hue as if tinged with blood. There was a wail of agony from within that pandemonium of midnight horrors which might well have called emotion to a heart of stone. The piteous moans of childhood in dying throes, were mingled with the deeper groans of suffering age, and the shriller cries of terrified youth. The work of the assailants in that particular line of attack was complete. And yet the noted outlaws did not appear. It was at once concluded that they were not present or they would have shown themselves under such circumstances. The attacking force did not wait to ascertain the result of the explosion of their terrible missile. They realized only that the game they sought had escaped them, and they retired from the place without caring to learn anything more about the consequences of their effort. They had failed, and that was all they felt interested in ascertaining.

When the smoke had cleared away and the fires which had been kindled about the house were extinguished, the extent of the execution done by the explosion was fully revealed. The spectacle presented was awful beyond any power of our pen to describe. There, lying on the floor, in a pool of blood, poured out from his own young veins, was the mangled form of an eight-year old son of Mrs. Samuels, in the very throes of death; Mrs. Samuels' right arm hung helpless by her side, having been almost completely torn off above the elbow. Dr. Samuelswas cut and bruised; the aged colored woman was wounded in several places; in fact, every member of the household was more or less injured. Blood was everywhere. Death was in the room; and pain and grief combined smote upon every soul in that stricken home.

Whatever the crimes of the boys of ill-favored reputation, they afforded no justification for this terrible assault in which innocent childhood was made the victim for the deeds of others. And the people of the state, without any exceptions, condemned the deed as wholly unjustifiable. The detectives made haste to leave the country, and the citizens who had assisted them returned to their homes and kept counsel with themselves.

The dead boy was taken away, and in his little grave under the snow they left him lying, the sinless victim of sin, over whose untimely fate many hearts have swelled with emotions too big for utterance.

CHAPTER XXVIII.PROPOSED AMNESTY.

There can be no doubt that there was a heavy undercurrent of popular opinion in favor of the James Boys, generated by a conviction that they were the victims of cruel and uncalled-for persecution, brought upon themselves by their adhesion to a cause which was dear to the hearts of many thousands of the citizens of Missouri. Their later deeds were forgotten, while their former acts were remembered with admiration. Though the evidence seemed clear, which connected the Jameses and Youngers with innumerable daring robberies, yet many hundreds of good people refused to credit the reports, and offered their sympathy to the men whom they believed to be victims of vile slanders and unwarrantable persecutions.

The sympathy openly manifested for the boys came not from the reckless and vicious elements, but from influential persons all over the state. As late as 1875, there were thousands of respectable people in Missouri who had no sympathy with the movements set on foot by the legal authorities for the apprehension of the desperadoes, simply because they did not believe them to be robbers, and that the killing done by them was a justifiable punishmentinflicted on ancient enemies who richly deserved their fate.

The effect of the raid on the residence of Mrs. Samuels, the mother of Frank and Jesse James, was to create a diversion in favor of the boys. The tragedy of that event was of so horrible a nature, that public sentiment set in strongly against any further attempt to capture the boys by force. There was a strong sentiment in many quarters of the state in favor of trying a policy of conciliation toward the desperadoes. The reasons advanced in favor of this policy were numerous, and some of them possessed some weight. It was alleged that the state had already suffered the loss of considerable sums in pursuing them; that it was extremely doubtful whether their capture could ever be effected; that in consequence the good name of the state must be tarnished; that while the Jameses and Youngers were declared to be, and treated as outlaws, other bad men would commit crimes and shift the responsibility to the outlawed men; that the course pursued toward the Jameses and Youngers was a species of persecution, and finally it was plead that all this persistent hunting of these men was stimulated by the animosities of enemies, dating from the war time, and inasmuch as the United States Government had granted amnesty to its enemies for acts committed during the continuance of hostilities, that it was not right the state of Missouri should pursue with vindictive persecution any of its citizens for acts committed duringthe war, and their friends contended that the outlawry of these men grew out of their course in the period between 1861 and 1865.

These views and opinions in respect to the Jameses and Youngers assumed a formal shape in the early part of March, 1875, by the introduction in the Legislature of Missouri by the late General Jeff. Jones, then a member of the House of Representatives from Callaway county, of a bill, or preambles and resolution, offering amnesty for all past offenses to Jesse W. James, Thomas Coleman Younger, Frank James, Robert Younger and James Younger, on the condition that they should return to their homes and quietly submit to such proceedings as might be instituted against them for acts alleged to have been committed by them since the war.

The preambles and resolution offered by General Jones received the approval of Attorney-General John A. Hockaday, and of many other lawyers of acknowledged ability. General Jones supported the measure with great zeal and earnestness, and no little ability and eloquence.

As this measure was one of great importance to the subjects of this volume, we deem it necessary to give the essential parts of the document, as follows:

Whereas, By the 4th section of the 11th Article of the Constitution of Missouri, all persons in the military service of the United States, or who acted under the authority thereof in this state, are relieved from all civil liability and all criminal punishment for all acts done by them since the 1st day of January, A. D., 1861; and,Whereas, By the 12th section of the said 11th Article of said Constitution,provision is made by which, under certain circumstances, may be seized, transported to, indicted, tried and punished in distant counties, any Confederate under ban of despotic displeasure, thereby contravening the Constitution of the United Slates and every principle of enlightened humanity; and,Whereas, Such discrimination evinces a want of manly generosity and statesmanship on the part of the party imposing, and of courage and manhood on the part of the party submitting tamely thereto; and,Whereas, Under the outlawry pronounced against Jesse W. James, Frank James, Coleman Younger, Robert Younger and others, who gallantly periled their lives and their all in the defense of their principles, they are of necessity made desperate, driven as they are from the fields of honest industry, from their friends, their families, their homes and their country, they can know no law but the law of self-preservation, nor can have no respect for and feel no allegiance to a government which forces them to the very acts it professes to deprecate, and then offers a bounty for their apprehension, and arms foreign mercenaries with power to capture and kill them; and,Whereas, Believing these men too brave to be mean, too generous to be revengeful, and too gallant and honorable to betray a friend or break a promise; and believing further that most, if not all the offences with which they are charged have been committed by others, and perhaps by those pretending to hunt them, or by their confederates; that their names are and have been used to divert suspicion from and thereby relieve the actual perpetrators; that the return of these men to their homes and friends would have the effect of greatly lessening crime in our state by turning public attention to the real criminals, and that common justice, sound policy and true statesmanship alike demand that amnesty should be extended to all alike of both parties for all acts done or charged to have been done during the war; therefore, be itResolved by the House of Representatives, the Senate concurring therein:That the Governor of the State be, and he is hereby requested to issue his proclamation notifying the said Jesse W. James, Frank James, Coleman Younger, Robert Younger and James Younger, and others, that full and complete amnesty and pardon will be granted them for all acts charged or committed by them during the late civil war, and inviting them peaceably to return to their respective homes in thisstate and there quietly to remain, submitting themselves to such proceedings as may be instituted against them by the courts for all offenses charged to have been committed since said war, promising and guaranteeing to them and each of them full protection and a fair trial therein, and that full protection shall be given them from the time of their entrance into the state and his notice thereof under said proclamation and invitation.

Whereas, By the 4th section of the 11th Article of the Constitution of Missouri, all persons in the military service of the United States, or who acted under the authority thereof in this state, are relieved from all civil liability and all criminal punishment for all acts done by them since the 1st day of January, A. D., 1861; and,

Whereas, By the 12th section of the said 11th Article of said Constitution,provision is made by which, under certain circumstances, may be seized, transported to, indicted, tried and punished in distant counties, any Confederate under ban of despotic displeasure, thereby contravening the Constitution of the United Slates and every principle of enlightened humanity; and,

Whereas, Such discrimination evinces a want of manly generosity and statesmanship on the part of the party imposing, and of courage and manhood on the part of the party submitting tamely thereto; and,

Whereas, Under the outlawry pronounced against Jesse W. James, Frank James, Coleman Younger, Robert Younger and others, who gallantly periled their lives and their all in the defense of their principles, they are of necessity made desperate, driven as they are from the fields of honest industry, from their friends, their families, their homes and their country, they can know no law but the law of self-preservation, nor can have no respect for and feel no allegiance to a government which forces them to the very acts it professes to deprecate, and then offers a bounty for their apprehension, and arms foreign mercenaries with power to capture and kill them; and,

Whereas, Believing these men too brave to be mean, too generous to be revengeful, and too gallant and honorable to betray a friend or break a promise; and believing further that most, if not all the offences with which they are charged have been committed by others, and perhaps by those pretending to hunt them, or by their confederates; that their names are and have been used to divert suspicion from and thereby relieve the actual perpetrators; that the return of these men to their homes and friends would have the effect of greatly lessening crime in our state by turning public attention to the real criminals, and that common justice, sound policy and true statesmanship alike demand that amnesty should be extended to all alike of both parties for all acts done or charged to have been done during the war; therefore, be it

Resolved by the House of Representatives, the Senate concurring therein:

That the Governor of the State be, and he is hereby requested to issue his proclamation notifying the said Jesse W. James, Frank James, Coleman Younger, Robert Younger and James Younger, and others, that full and complete amnesty and pardon will be granted them for all acts charged or committed by them during the late civil war, and inviting them peaceably to return to their respective homes in thisstate and there quietly to remain, submitting themselves to such proceedings as may be instituted against them by the courts for all offenses charged to have been committed since said war, promising and guaranteeing to them and each of them full protection and a fair trial therein, and that full protection shall be given them from the time of their entrance into the state and his notice thereof under said proclamation and invitation.

The above bill was introduced about the first of March, 1875, and was referred to the Committee on Criminal Jurisprudence, of which its author was a leading member. The bill was fully discussed in committee, and finally, through the influence of its author, a majority of the committee agreed to make a favorable report on the measure to the House of Representatives. Sometime towards the close of the session of the 28th General Assembly, the bill came up for its third reading in the House. General Jones made an earnest speech in advocacy of the measure. A member aroused a strong opposition to the measure from the very side of the house from which General Jones had hoped to obtain assistance in carrying it through. The member simply read a portion of a message transmitted by Governor Silas Woodson to the 27th General Assembly denouncing these same outlaws; and the Democratic Legislature of Missouri refused to pass the bill. Thus the stigma of outlawry remained upon them, and their hands were turned against every man.

CHAPTER XXIX.THE SAN ANTONIO-AUSTIN STAGE PLUNDERED.

It had been a lovely day. Nature had put on her richest habiliments of bloom and beauty. The sun shone with a genial warmth, and the air was soft and perfume-laden from the thousands of wild flowers exhaling the rich aroma from the wide prairies. It was an eminently respectable party who travelled from San Antonio on the stage that day. There were in the company the Right Rev. Bishop Gregg, of the Protestant Episcopal Diocese of Texas, and Mr. Breckenridge, president of the First National Bank of San Antonio; three ladies, and six other gentlemen, merchants of San Antonio—in all, eleven travellers, well provided with the means to get through the world without fear of famishing.

The stage was the regular four-horse, United States mail coach, running in the line between San Antonio and Austin, Texas.

The respectable party of eleven travellers had as pleasant a time as the crowded condition of the stage and the monotonous nature of the scenery could be expected to afford them. Of course the bright sunlight made the scenery appear at least cheerful.

The stage was bowling along the well-beatenhighway, drawn by four fresh horses, which had been hitched to it about half an hour before sundown. They had gone from "the stand" perhaps as much as four miles, and it was getting quite dusky—daylight fading away in the west. The stage had reached a point about twenty-five miles west from Austin.

In the gathering gloom, the driver beheld what appeared to be six rancheros, wearing sombreros, approaching the road just before him. Such incidents were not infrequent on that part of the route, and the appearance of the six men did not at first create any feeling of disquiet in the mind of the Jehu. But as the party drew nearer, and he discovered that they were mounted on splendid "American horses," and not "mustangs," he thought it very singular, to say the least of it. He was an old stager on the plains, and not inclined to be "panicky," but he muttered, "I'll sware, them's queer fellers, anyhow." He did not have time to think very much about them, for in another moment two of the horsemen rode alongside the stage, with revolvers cocked, and commanded, with a great oath, "Halt!" Of course there was no alternative, for two more of the robbers had galloped in front of the foremost span of horses and checked the further progress of the stage team. The other two robbers had taken up a position on both sides of the stage—one at each post, and were pointing pistols at the passengers, and with horrible oaths telling them to "tumbleout" at once, or die. The astonished passengers—not even the Reverend Bishop—were just then ready to adopt the latter alternative, and very gracefully descended from the stage.

The passengers were formed into a group, which included the driver, and two of the bandits, with drawn revolvers, stood guard over them. The two horsemen in front dismounted and detached the lead-span of horses, and with the other two commenced their search for booty.

The trunks of the passengers were broken open, and every valuable thing which could be easily carried away was appropriated. The United States mail bags were then cut and the letters torn open. In this part of the stage-load they were quite successful, securing a large amount of bills in registered packages. One of the mail-bags was appropriated as a receptacle for the plunder. Having gone through the baggage and mail matter, the bandits turned their attention to the passengers. There was an animated dialogue carried on for a time, in the following style:

"Well, gentlemen and ladies, allow us to trouble you for the money and jewelry which you may have about you."

"Do you mean to rob us?" asked the Bishop.

"Oh, no! Don't use such ugly language. We just want to relieve you of a burden—that's all, old sock."

"You don't call that robbery?" asked the Bishop.

"Come, now, old coon! Dry up, or you'll not have an opportunity to ask any more nonsensical questions. Hand out your money!"

The Bishop reluctantly complied.

"Now that watch of yours!" they further commanded.

"What! Will you not allow me to keep my watch. It is a gift and dearly prized. You would not rob an humble minister of Christ of his timepiece, would you?" queried the Bishop.

"So, ho! You are a parson then, judging from the cut of your buckskins—or a priest—it makes no difference. Well, Christ didn't have any watch, and he didn't ride in stages either. He walked about to do his Father's will, and wasn't arrayed in fine clothes, and didn't fare sumptuously every day. What use has a preacher for a watch? Go and travel like the Master. Out with that watch! No more words—not one, mind you! We are not Christians, we are Philistines."

The Bishop was constrained to give up his watch—a valuable and much prized one.

"Anything more? Out with it."

The Bishop protested that he had nothing more of value about his person. They, however, made a personal examination before they were satisfied, one of them remarking:

"You can't depend on many of these long-faced canters, anyhow."

Then the robbers searched Mr. Breckenridge, andfrom him they obtained a plethoric pocketbook, containing one thousand dollars, and an elegant gold watch, and a very valuable diamond pin.

So they went from one to another of the passengers, until the eight gentlemen of the respectable party of travellers had been politely plundered. Then the turn of the ladies came.

"Hand out your pocketbook," said the leader to the first lady approached.

"Yes, sir, here it is," replied the frightened lady, handing him her money.

The robber took it, opened it, and examined the contents by the light of the stage lantern. Then he came back to the lady, and asked if that was all the money she had. She replied that it was. He then inquired where she was going. She told him to Houston.

"Here, madam, take your money. We regret the trouble we have given you."

So they went to the other two ladies, and from one they got a watch, some jewelry, and about one hundred dollars in cash. From another they received some valuable jewelry, and a considerable sum of money.

Their work was now completed. During the two hours they held the passengers under guard, they sometimes made jesting remarks, and at other times threatening ones. The least want of alacrity in obeying their orders was sure to subject the passengers to the direst threats. The robbers took withthem the lead-span of horses when they rode away.

The whole amount of cash taken from the passengers exceeded three thousand dollars, besides several gold watches, and considerable jewelry of value. The amount taken from the mail bags was several hundred dollars.

Who were the robbers? This question was inferentially answered sometime afterward, when, in a conflict with a Texas official, Jim Reed, a member of the gang, was mortally wounded, and confessed that he was one of the party, and that his associates were men from Missouri, noted as "brave boys." Who were so noted on the 7th day of April, 1874, at which time the stage robbery took place, but Frank and Jesse James, and the Younger Brothers? It is now the settled conviction of all who are acquainted with the facts, that the James Boys were there and "bossed the job."


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