Outlaws and Peace Officers

by Stephen Brennan

  By this time Grattan Dalton was feebly trying to get to his horse. He passed the body of Connolly, whom he had killed, faced toward his pursuers and tried to fire. He, too, fell before Kloehr’s Winchester, shot through the throat, dropping close to the body of Connolly.

  Emmett Dalton was now the only one of the band left alive. He was as yet unwounded, and he got to his horse. As he attempted to mount a number of shots were fired at him, and these killed the two horses belonging to Bob Dalton and Bill Powers, who by this time had no further use for horses. Two horses hitched to an oil wagon in the street were also killed by wild shots. Emmett got into his saddle, but was shot through the right arm and through the left hip and groin. He still clung to the sack of money they had taken at the First National Bank, and he still kept his nerve and his wits even under such pressure of peril. He might have escaped, but instead he rode back to where Bob was lying, and reached down his hand to help him up behind himself on the horse. Bob was dying and told him it was no use to try to help him. As Emmett stooped down to reach Bob’s arm, Carey Seaman fired both barrels of his shotgun into his back, Emmett dropping near Bob and falling upon the sack, containing over $20,000 in cash. Men hurried up and called to him to throw up his hands. He raised his one unhurt arm and begged for mercy. It was supposed he would die, and he was not lynched, but hurried away to a doctor’s office nearby.

  In the little alley where the last scene of this bloody fight took place there were found three dead men, one dying man, and one badly wounded. Three dead horses lay near the same spot. In the whole fight, which was of course all over in a few moments, there were killed four citizens and four outlaws, three citizens and one outlaw being wounded. Less than a dozen citizens did most of the shooting, of which there was considerable, eighty bullet marks being found on the front of the Condon bank alone.

  The news of this bloody encounter was instantly flashed over the country, and within a few hours the town was crowded with sightseers who came in by train loads. The dead bandits were photographed, and the story of the fight was told over and over again, not always with uniformity of detail. Emmett Dalton, before he was sent to the penitentiary, confessed to different crimes, not all of them hitherto known, which the gang had at different times committed.

  So ended in blood the career of as bloody a band as might well be discovered in the robber history of any land or time of the world. Indeed, it is doubtful if any country ever saw leagues of robbers so desperate as those which have existed in America, any with hands so red in blood. This fact is largely due to the peculiar history of this country, with its rapid development under swift modern methods of transportation. In America the advance to the westward of the fighting edge of civilization, where it meets and mingles with savagery, has been more rapid than has ever been known in the settlement of any country of the world. Moreover, this has taken place at precisely that time when weapons of the most deadly nature have been invented and made at a price permitting all to own them and many to become extremely skilled with them. The temptation and the means of murder have gone hand in hand. And in time the people, not the organized law courts, have applied the remedy when the time has come for it. Today the Indian Nations are no more than a name. Civilization has taken them over. Statehood has followed territorial organization. Presently rich farms will make a continuous sea of grain across what was once a flood of crime, and the wheat will grow yellow, and the cotton white, where so long the grass was red.

  CHAPTER IX.

  EVOLUTION OF A TRAIN ROBBER

  By Edgar Beecher Bronson

  Life was never dull in Grant County, New Mexico, in the early eighties. There was always something doing—usually something the average law-abiding, peace-loving citizen would have been glad enough to dispense with. To say that life then and there was insecure is to describe altogether too feebly a state of society and an environment wherein Death, in one violent form or another, was ever abroad, seldom long idle, always alert for victims.

  When the San Carlos Apaches, under Victoria, Ju, or Geronimo, were not out gunning for the whites, the whites were usually out gunning for one another over some trivial difference. Everybody carried a gun and was more or less handy with it. Indeed, it was a downright bad plan to carry one unless you were handy. For with gunning—the game most played, if not precisely the most popular—everyone was supposed to be familiar with the rules and to know how to play; and in a game where every hand is sure to be “called,” no one ever suspected another of being out on a sheer “bluff.” Thus the coroner invariably declared it a case of suicide where one man drew a gun on another and failed to use it.

  This highly explosive state of society was not due to the fact that there were few peaceable men in the country for there were many of them, men of character and education, honest, and as law-abiding as their peculiar environment would permit. Moreover, the percentage of professional “bad men”—and this was a profession then—was comparatively small. It was due rather to the fact that every one, no matter how peaceable his inclinations, was compelled to carry arms habitually for self-defense, for the Apaches were constantly raiding outside the towns, and white outlaws inside. And with any class of men who constantly carry arms, it always falls out that a weapon is the arbiter of even those minor personal differences which in the older and more effete civilization of the East are settled with fists or in a petty court.

  The prevailing local contempt for any man who was too timid to “put up a gun fight” when the etiquette of a situation demanded it, was expressed locally in the phrase that one “could take a corncob and a lightning bug and make him run himself to death trying to get away.” It is clearly unnecessary to explain why the few men of this sort in the community did not occupy positions of any particular prominence. Their opinions did not seem to carry as much weight as those of other gentlemen who were known to be notably quick to draw and shoot.

  I even recall many instances where the pistol entered into the pastimes of the community. One instance will stand telling:

  A game of poker (rather a stiff one) had been going on for about a fortnight in the Red Light Saloon. The same group of men, five or six old friends, made up the game every day. All had varying success but one, who lost every day. And, come to think of it, his luck varied too, for some days he lost more than others. While he did not say much about his losings, it was observed that temper was not improving. This sort of thing went on for thirteen days. The thirteenth day the loser happened to come in a little late, after the game was started. It also happened that on this particular day one of the players had brought in a friend, a stranger in the town, to join the game, When the loser came in, therefore, he was introduced to the stranger and sat down. A hand was dealt him. He started to play it, stopped, rapped on the table for attention, and said:

  “Boys, I want to make a personal explanation to this yere stranger. Stranger, this yere game is sure a tight wad for a smoothbore. I’m loser in it, an’ a heavy one, for exactly thirteen days, and these boys all understand that the first son of a gun I find I can beat, I’m going to take a six-shooter an’ make him play with me a week. Now, if you has no objections to my rules, you can draw cards.”

  Luckily for the stranger, perhaps, the thirteenth was as bad for the loser as its predecessors.

  Outside the towns there were only three occupations in Grant County in those years, cattle ranching, mining and fighting Apaches, all of a sort to attract and hold none but the sturdiest types of real manhood, men inured to danger and reckless of it. In the early eighties no faint-heart came to Grant County unless he blundered in—and any such were soon burning the shortest trail out. These men were never better described in a line than when, years ago, at a banquet of California Forty-niners, Joaquin Miller, the poet of the Sierras, speaking of the splendid types the men of forty-nine represented, said:

  “The cowards never started, and all the weak died on the road!”

  Within the towns, also, there were only three occupations: f
irst, supplying the cowmen and miners whatever they needed, merchandise wet and dry, law mundane and spiritual, for although neither court nor churches were working overtime, they were available for the few who had any use for them; second, gambling, at monte, poker, or faro; and, third, figuring how to slip through the next twenty-four hours without getting a heavier load of lead in one’s system than could be conveniently carried, or how to stay happily half shot and yet avoid coming home on a shutter, unhappily shot, or, having an active enemy on hand, how best to “get” him.

  Thus, while plainly the occupations of Grant County folk were somewhat limited in variety, in the matter of interest and excitement their games were wide open and the roof off.

  Nor did all the perils to life in Grant County lurk within the burnished grooves of a gun barrel, according to certain local points of view, for always it is the most unusual that most alarms, as when one of my cowboys “allowed he’d go to town for a week,” and was back on the ranch the evening of the second day. Asked why he was back so soon, he replied:

  “Well, fellers, one o’ them big depot water tanks burnt plumb up this mawnin’, an’ reckonin’ whar that’d happen a feller might ketch fire anywhere in them little old town trails, I jes’ nachally pulled my freight for camp!”

  But a cowboy is the subject of this story—Kit Joy. His genus, and striking types of the genus, have been cleverly described, especially by Lewis and by Adams (some day I hope to meet Andy) that I need say little of it here. Still, one of the cowboy’s most notable and most admirable traits has not been emphasized so much as it deserves: I mean his downright reverence and respect for womanhood. No real cowboy ever wilfully insulted any woman, or lost a chance to resent any insult offered by another. Indeed, it was an article of the cowboy creed never broken, and all well knew it. So it happened that when one day a cowboy, in a crowded car of a train held up by bandits, was appealed to by an Eastern lady in the next seat:

  “Heavens! I have four hundred dollars in my purse which I cannot afford to lose; please, sir, tell me how I can hide it.”

  Instantly came the answer:

  “Shucks! Miss, stick it in yer sock; them fellers has nerve enough to hold up a train an’ kill any feller that puts up a fight, but nary one o’ them has nerve enough to go into a woman’s sock after her bank roll!”

  Kit Joy was a cowboy working on the X ranch on the Gila. He was a youngster little over twenty. It was said of him that he had left behind him in Texas more or less history not best written in black ink, but whether this was true or not I do not know. Certain it is that he was a reckless daredevil, always foremost in the little amenities cowboys loved to indulge in when they came to town such as shooting out the lights in saloons and generally “shelling up the settlement”—which meant taking a friendly shot at about everything that showed up on the streets. Nevertheless, Kit in the main was thoroughly good-natured and amiable.

  Early in his career in Silver City it was observed that perhaps his most distinguishing trait was curiosity. Ultimately his curiosity got him into trouble, as it does most people who indulge it. His first display of curiosity in Silver was a very great surprise, even to those who knew him best. It was also a disappointment.

  A tenderfoot, newly arrived, appeared on the streets one day in knickerbockers and stockings. Kit was in town and was observed watching the tenderfoot. To the average cowboy a silk top hat was like a red flag to a bull, so much like it in fact that the hat was usually lucky to escape with less than half a dozen holes through it. But here in these knee-breeches and stockings was something much more bizarre and exasperating than a top hat, from a cowboy’s point of view. The effect on Kit was therefore closely watched by the bystanders.

  No one fancied for a moment that Kit would do less than undertake to teach the tenderfoot “the cowboy’s hornpipe,” not a particularly graceful but a very quick step, which is danced most artistically when a bystander is shooting at the dancer’s toes. Indeed, the ball was expected to open early. To every one’s surprise and disappointment, it did not. Instead, Kit dropped in behind the tenderfoot and began to follow him about town—followed him for at least an hour. Every one thought he was studying up some more unique penalty for the tenderfoot. But they were wrong, all wrong.

  As a matter of fact, Kit was so far consumed with curiosity that he forgot everything else, forgot even to be angry. At last, when he could stand it no longer, he walked up to the tenderfoot, detained him gently by the sleeve and asked in a tone of real sympathy and concern: “Say, mistah! ‘Fo’ God, won’t yo’ mah let yo’ wear long pants?”

  Naturally the tenderfoot’s indignation was aroused and expressed, but Kit’s sympathies for a man condemned to such a juvenile costume were so far stirred that he took no notice of it.

  Kit was a typical cowboy, industrious, faithful, uncomplaining, of the good old Southern Texas breed. In the saddle from daylight till dark, riding completely down to the last jump in them two or three horses a day, it never occurred to him even to growl when a stormy night, with thunder and lightning, prolonged his customary three-hour’s turn at night guard round the herd to an all-night’s vigil. He took it as a matter of course. And his rope and running iron were ever ready, and his weather eye alert for a chance to catch and decorate with the X brand any stray cattle that ventured within his range. This was a peculiar phase of cowboy character. While not himself profiting a penny by these inroads on neighboring herds, he was never quite so happy as when he had added another maverick to the herd bearing his employer’s brand, an increase always obtained at the expense of some of the neighbors.

  One night on the Spring round-up, the day’s work finished, supper eaten, the night horses caught and saddled, the herd in hand driven into a close circle and bedded down for the night in a little glade in the hills, Kit was standing first relief. The day’s drive had been a heavy one, the herd was well grazed and watered in the late afternoon, the night was fine; and so the twelve hundred or fifteen hundred cattle in the herd were lying down quietly, giving no trouble to the night herders. Kit, therefore, was jogging slowly round the herd, softly jingling his spurs and humming some rude love song of the sultry sort cowboys never tire of repeating. The stillness of the night superinduced reflection. With naught to interrupt it, Kit’s curiosity ran farther afield than usual. Recently down at Lordsburg, with the outfit shipping a train load of beeves, he had seen the Overland Express empty its load of passengers for supper, a crowd of well-dressed men and women, the latter brilliant with the bright colors cowboys love and with glittering gems. Tonight he got to thinking about them.

  Wherever did they all come from? However did they get so much money? Surely they must come from ‘Frisco. No lesser place could possibly turn out such magnificence. Then Kit let his fancy wander off into crude cowboy visions of what ‘Frisco might be like, for he had never seen a city.

  “What a buster of a town ‘Frisco must be!” Kit soliloquized. “Must have more’n a hundred saloons an’ more slick gals than the X brand has heifers. What a lot o’ fun a feller could have out thar! Only I reckon them gals wouldn’t look at him more’n about onct unless he was well fixed for dough. Reckon they don’t drink nothin’ but wine out thar, nor eat nothin’ but oysters. An’ wine an’ oysters costs money, oodles o’ money! That’s the worst of it! S’pose it’d take more’n a month’s pay to git a feller out thar on the kiars, an’ then about three months’ pay to git to stay a week. Reckon that’s jes’ a little too rich for Kit’s blood. But, jiminy! Wouldn’t I like to have a good, big, fat bank roll an’ go thar!”

  Here was a crisis suddenly come in Kit’s life, although he did not then realize it. It is entirely improbable he had ever before felt the want of money. His monthly pay of thirty-five dollars enabled him to sport a pearl-handled six-shooter and silver-mounted bridle bit and spurs, kept him well clothed, and gave him an occasional spree in town. What more could any reasonable cowboy ask?

  But tonight the very elements and all nature were
against him. Even a light dash of rain to rouse the sleeping herd, or a hungry cow straying out into the darkness, would have been sufficient to divert and probably save him; but nothing happened. The night continued fine. The herd slept on. And Kit was thus left an easy prey, since covetousness had come to aid curiosity in compassing his ruin.

  “A bank roll! A big, fat, full-grown, long-horned, four-year-old roll! That’s what a feller wants to do ‘Frisco right. Nothin’ less. But whar’s it comin’ from, an’ when? S’pose I brands a few mavericks an’ gits a start on my own? No use, Kit; that’s too slow! Time you got a proper roll you’d be so old the skeeters wouldn’t even bite you, to say nothin’ of a gal a-kissin’ of you. ‘Pears like you ain’t liable to git thar very quick, Kit, ‘less you rustles mighty peart somewhar. Talkin’ of rustlin’, what’s the matter with that anyway?”

  A cold glitter came in Kit’s light blue eyes. The muscles of his lean, square jaws worked nervously. His right hand dropped caressingly on the handle of his pistol.

  “That’s the proper caper, Kit. Why didn’t you think of it before? Rustle, damn you, an’, ef you’re any good, mebbe so you can git to ‘Frisco afore frost comes, or anywhere else you likes. Rustle! By jiminy, I’ve got it; I’ll jes’ stand up that thar Overland Express. Them fellers what rides on it’s got more’n they’ve got any sort o’ use for. What’s the matter with makin’ ‘em whack up with a feller! ‘Course they’ll kick, an’ thar’ll be a whole passle o’ marshals an’ sheriffs out after you, but what o’ that? Reckon Old Blue’ll carry you out o’ range. He’s the longest-winded chunk o’ horse meat in these parts. Then you’ll have to stay out strictly on the scout fer a few weeks, till they gits tired o’ huntin’ of you, so you can slip out o’ this yere neck o’ woods ‘thout leavin’ a trail.

  “An’ Lord! but won’t it be fun! ‘Bout as much fun, I reckon, as doin’ ‘Frisco. Won’t them tenderfeet beller when they hears the guns a-crackin’ an’ the boys a-yellin’! Le’ see; wonder who I’d better take along?”