Outlaws and Peace Officers

by Stephen Brennan

  The defense called several others, the tenor of whose evidence was but a repetition of the foregoing. No attempt was made to show that Wild Bill had ever seen the prisoner.

  The prisoner was called upon to make a statement. He came down from the stage into the auditorium of the theatre, and with his right hand in the bosom of his shirt, his head thrown back, in a harsh, loud, and repulsive voice, with a bulldog sort of bravado, said: “Well, men, I have but a few words to say. Wild Bill threatened to kill me if I crossed his path. I am not sorry for what I have done. I would do the same thing over again.” The prisoner then returned to his place on the stage.

  The prosecution then adduced testimony to prove that Wild Bill was a much abused man; that he never imposed on any one, and that in every instance where he had slain men he had done so either in the discharge of his duty as an officer of the law or in self-defense.

  The case having been placed in the hands of the jury, the theatre was cleared, with the understanding that the verdict should be made known in the saloon where the murder was committed. The prisoner was remanded to the house where he had been imprisoned during the night. At nine o’clock the following verdict was read to the prisoner:

  Deadwood City, Aug. 3, 1876—We, the jurors, find the prisoner, Mr. John McCall, not guilty.

  The prisoner was at once liberated, and several of the model jurymen who had played their parts in this burlesque upon justice, and who had turned their bloodthirsty tiger loose upon the community indulged in a sickening cheer which grated harshly upon the ears of those who heard it. The first vote taken by the jury resulted in eleven for acquittal and one for conviction, and the single man who desired justice was so intimidated by his fellow-jurors that he was induced to sanction the iniquitous verdict. It was even proposed by one of the jurymen that the prisoner be fined fifteen or twenty dollars and set free.

  After the inquest the body of the deceased was placed upon a litter made of two poles and some boards; then a procession was formed, and the remains were carried to Charley Utter’s camp, across the creek. Charles Utter, better known as Colorado Charley, had been the intimate friend of the deceased for fifteen years, and with that liberality which is a feature among mountaineers, had always shared his purse with him. Charley was much affected by the death of his friend, and incensed at the villain who had murdered him. A tepee was pitched at the foot of one of the giant trees which rise so majestically above Charley’s camp. Preparations were at once made for the funeral. At the time appointed a number of people gathered at the camp—Charley Utter had gone to a great deal of expense to make the funeral as fine as could be had in that country. Under the tepee, in a handsome coffin, covered with black cloth and richly mounted with silver ornaments, lay Wild Bill, a picture of perfect repose. His long chestnut hair, evenly parted over his marble brow, hung in waving ringlets over the broad shoulders; his face was cleanly shaved excepting the drooping moustache, which shaded a mouth that in death almost seemed to smile, but in life was unusually grave; the arms were folded over the stilled breast, which enclosed a heart that had beat with regular pulsation amid the most startling scenes of blood and violence. The corpse was clad in complete dress-suit of black broadcloth, new underclothing, and white linen shirt; beside him in the coffin lay his trusty rifle, which the deceased prized above all other things, and which was to be buried with him in compliance with an often expressed desire.

  Upon a large stump at the head of the grave the following inscription was deeply cut:

  “A brave man; the victim of an assassin—J. B. Hickok (Wild Bill,) aged 48 years; murdered by Jack McCall, Aug. 2, 1876.”

  CHAPTER V

  THE TEXAS RANGERS, HOW THE LAW GOT INTO THE CHAPARRAL

  By Fredric Remington

  “You have heard about the Texas Rangers?” said the Deacon to me one night in the San Antonio Club. “Yes? Well, come up to my rooms, and I will introduce you to one of the old originals—dates ‘way back in the ‘thirties’—there aren’t many of them left now—and if we can get him to talk, he will tell you stories that will make your eyes hang out on your shirt front.”

  We entered the Deacon’s cozy bachelor apartments, where I was introduced to Colonel “Rip” Ford, of the old-time Texas Rangers. I found him a very old man, with a wealth of snow-white hair and beard—bent, but not withered. As he sunk on his stiffened limbs into the armchair, we disposed ourselves quietly and almost reverentially, while we lighted cigars. We began the approaches by which we hoped to loosen the history of a wild past from one of the very few tongues which can still wag on the days when the Texans, the Comanches, and the Mexicans chased one another over the plains of Texas, and shot and stabbed to find who should inherit the land.

  Through the veil of tobacco smoke the ancient warrior spoke his sentences slowly, at intervals, as his mind gradually separated and arranged the details of countless fights. His head bowed in thought; anon it rose sharply at recollections, and as he breathed, the shouts and lamentations of crushed men—the yells and shots—the thunder of horses’ hoofs—the full fury of the desert combats came to the pricking ears of the Deacon and me.

  We saw through the smoke the brave young faces of the hosts which poured into Texas to war with the enemies of their race. They were clad in loose hunting-frocks, leather leggings, and broad black hats; had powder horns and shot-pouches hung about them; were armed with bowie knives, Mississippi rifles, and horse pistols; rode Spanish ponies, and were impelled by Destiny to conquer, like their remote ancestors, “the godless hosts of Pagan” who “came swimming o’er the Northern Sea.”

  “Rip” Ford had not yet acquired his front name in 1836, when he enlisted in the famous Captain Jack Hayes’s company of Rangers, which was fighting the Mexicans in those days, and also trying incidentally to keep from being eaten up by the Comanches.

  Said the old Colonel: “A merchant from our country journeyed to New York, and Colonel Colt, who was a friend of his, gave him two five-shooters—pistols they were, and little things. The merchant in turn presented them to Captain Jack Hayes. The captain liked them so well that he did not rest till every man jack of us had two apiece.

  “Directly,” mused the ancient one, with a smile of pleasant recollection, “we had a fight with the Comanches—up here above San Antonio. Hayes had fifteen men with him—he was doubling about the country for Indians. He found ‘sign,’ and after cutting their trail several times he could see that they were following him. Directly the Indians overtook the Rangers—there were seventy-five Indians. Captain Hayes—bless his memory!—said, ‘They are fixin’ to charge us, boys, and we must charge them.’ There were never better men in this world than Hayes had with him,” went on the Colonel with pardonable pride; “and mind you, he never made a fight without winning.

  “We charged, and in the fracas killed thirty-five Indians—only two of our men were wounded—so you see the five-shooters were pretty good weapons. Of course they wa’n’t any account compared with these modern ones, because they were too small, but they did those things. Just after that Colonel Colt was induced to make bigger ones for us, some of which were half as long as your arm.

  “Hayes? Oh, he was a surveyor, and used to go out beyond the frontiers about his work. The Indians used to jump him pretty regular; but he always whipped them, and so he was available for a Ranger captain. About then—let’s see,” and here the old head bobbed up from his chest, where it had sunk in thought—“there was a commerce with Mexico just sprung up, but this was later—it only shows what that man Hayes used to do. The bandits used to waylay the traders, and they got very bad in the country. Captain Hayes went after them—he struck them near Lavade, and found the Mexicans had more than twice as many men as he did; but he caught them napping, charged them afoot—killed twenty-five of them, and got all their horses.”

  “I suppose, Colonel, you have been charged by a Mexican lancer?” I inquired.

  “Oh yes, many times,” he answered.

  “What did
you generally do?”

  “Well, you see, in those days I reckoned to be able to hit a man every time with a six-shooter at one hundred and twenty-five yards,” explained the old gentleman—which no doubt meant many dead lancers.

  “Then you do not think much of a lance as a weapon?” I pursued.

  “No; there is but one weapon. The six-shooter when properly handled is the only weapon—mind you, sir, I say properly,” and here the old eyes blinked rapidly over the great art as he knew its practice.

  “Then, of course, the rifle has its use. Under Captain Jack Hayes sixty of us made a raid once after the celebrated priest-leader of the Mexicans—Padre Jarante—which same was a devil of a fellow. We were very sleepy—had been two nights without sleep. At San Juan every man stripped his horse, fed, and went to sleep. We had passed Padre Jarante in the night without knowing it. At about twelve o’clock next day there was a terrible outcry—I was awakened by shooting. The Padre was upon us. Five men outlying stood the charge, and went under. We gathered, and the Padre charged three times. The third time he was knocked from his horse and killed. Then Captain Jack Hayes awoke, and we got in a big casa. The men took to the roof. As the Mexicans passed we emptied a great many saddles. As I got to the top of the casa I found two men quarrelling.” (Here the Colonel chuckled.) “I asked what the matter was, and they were both claiming to have killed a certain Mexican who was lying dead some way off. One said he had hit him in the head, and the other said he had hit him in the breast. I advised peace until after the fight. Well—after the shooting was over and the Padre’s men had had enough, we went out to the particular Mexican who was dead, and, sure enough, he was shot in the head and in the breast; so they laughed and made peace. About this time one of the spies came in and reported six hundred Mexicans coming. We made an examination of our ammunition, and found that we couldn’t afford to fight six hundred Mexicans with sixty men, so we pulled out. This was in the Mexican war, and only goes to show that Captain Hayes’s men could shoot all the Mexicans that could get to them if the ammunition would hold out.”

  “What was the most desperate fight you can remember, Colonel?”

  The old man hesitated; this required a particular point of view—it was quality, not quantity, wanted now; and, to be sure, he was a connoisseur. After much study by the Colonel, during which the world lost many thrilling tales, the one which survived occurred in 1851.

  “My lieutenant, Ed Burleson, was ordered to carry to San Antonio an Indian prisoner we had taken and turned over to the commanding officer at Fort McIntosh. On his return, while nearing the Nueces River, he spied a couple of Indians. Taking seven men, he ordered the balance to continue along the road. The two Indians proved to be fourteen, and they charged Burleson up to the teeth. Dismounting his men, he poured it into them from his Colt’s six-shooting rifles. They killed or wounded all the Indians except two, some of them dying so near the Rangers that they could put their hands on their boots. All but one of Burleson’s men were wounded—himself shot in the head with an arrow. One man had four ‘dogwood switches’ [Arrows] in his body, one of which was in his bowels. This man told me that every time he raised his gun to fire, the Indians would stick an arrow in him, but he said he didn’t care a cent. One Indian was lying right up close, and while dying tried to shoot an arrow, but his strength failed so fast that the arrow only barely left the bowstring. One of the Rangers in that fight was a curious fellow—when young he had been captured by Indians, and had lived with them so long that he had Indian habits. In that fight he kept jumping around when loading, so as to be a bad target, the same as an Indian would under the circumstances, and he told Burleson he wished he had his boots off, so he could get around good”—and here the Colonel paused quizzically. “Would you call that a good fight?”

  The Deacon and I put the seal of our approval on the affair, and the Colonel rambled ahead.

  “In 1858 I was commanding the frontier battalion of State troops on the whole frontier, and had my camp on the Deer Fork of the Brazos. The Comanches kept raiding the settlements. They would come down quietly, working well into the white lines, and then go back a-running—driving stolen stock and killing and burning. I thought I would give them some of their own medicine. I concluded to give them a fight. I took two wagons, one hundred Rangers, and one hundred and thirteen Tahuahuacan Indians, who were friendlies. We struck a good Indian trail on a stream which led up to the Canadian. We followed it till it got hot. I camped my outfit in such a manner as to conceal my force, and sent out my scouts, who saw the Indians hunt buffalo through spyglasses. That night we moved. I sent Indians to locate the camp. They returned before day, and reported that the Indians were just a few miles ahead, whereat we moved forward. At daybreak, I remember, I was standing in the bull-wagon road leading to Santa Fe and could see the Canadian River in our front—with eighty lodges just beyond. Counting four men of fighting age to a lodge, that made a possible three hundred and twenty Indians. Just at sunup an Indian came across the river on a pony. Our Indians down below raised a yell—they always get excited. The Indian heard them—it was very still then. The Indian retreated slowly, and began to ride in a circle. From where I was I could hear him puff like a deer—he was blowing the bullets away from himself—he was a medicine-man. I heard five shots from the Jagers with which my Indians were armed. The painted pony of the medicine-man jumped ten feet in the air, it seemed to me, and fell over on his rider—then five more Jagers went off, and he was dead. I ordered the Tahuahuacans out in front, and kept the Rangers out of sight, because I wanted to charge home and kind of surprise them. Pretty soon I got ready, and gave the word. We charged. At the river we struck some boggy ground and floundered around considerable, but we got through. We raised the Texas yell, and away we went. I never expect again to hear such a noise—I never want to hear it—what with the whoops of the warriors—the screaming of the women and children—our boys yelling—the shooting, and the horses just a-mixin’ up and a-stampedin’ around,” and the Colonel bobbed his head slowly as he continued.

  “One of my men didn’t know a buck from a squaw. There was an Indian woman on a pony with five children. He shot the pony—it seemed like you couldn’t see that pony for little Indians. We went through the camp, and the Indians pulled out—spreading fanlike, and we a-running them. After a long chase I concluded to come back. I saw lots of Indians around in the hills. When I got back, I found Captain Ross had formed my men in line. ‘What time in the morning is it?’ I asked. ‘Morning, hell!’ says he—it’s one o’clock!’ And so it was. Directly I saw an Indian coming down a hill near by, and then more Indians and more Indians—till it seemed like they wa’n’t ever going to get through coming. We had struck a bigger outfit than the first one. That first Indian he bantered my men to come out single-handed and fight him. One after another, he wounded five of my Indians. I ordered my Indians to engage them, and kind of get them down in the flat, where I could charge. After some running and shooting they did this, and I turned the Rangers loose. We drove them. The last stand they made they killed one of my Indians, wounded a Ranger, but left seven of their dead in a pile. It was now nearly nightfall, and I discovered that my horses were broken down after fighting all day. I found it hard to restrain my men, they had got so heated up; but I gradually withdrew to where the fight commenced. The Indian camp was plundered. In it we found painted buffalo-robes with beads a hand deep around the edges—the finest robes I have ever seen—and heaps of goods plundered from the Santa Fe traders. On the way back I noticed a dead chief, and was for a moment astonished to find pieces of flesh cut out of him; upon looking at a Tahuahuacan warrior I saw a pair of dead hands tied behind his saddle. That night they had a cannibal feast. You see, the Tahuahuacans say that the first one of their race was brought into the world by a wolf. ‘How am I to live?’ said the Tahuahuacan. ‘The same as we do,’ said the wolf; and when they were with me, that is just about how they lived. I reckon it’s necessary to tell you about the old w
oman who was found in our lines. She was looking at the sun and making incantations, a-cussing us out generally and elevating her voice. She said the Comanches would get even for this day’s work. I directed my Indians to let her alone, but I was informed afterwards that that is just what they didn’t do.”

  At this point the Colonel’s cigar went out, and directly he followed; but this is the manner in which he told of deeds which I know would fare better at the hands of one used to phrasing and capable also of more points of view than the Colonel was used to taking. The outlines of the thing are strong, however, because the Deacon and I understood that fights were what the old Colonel had dealt in during his active life, much as other men do in stocks and bonds or wheat and corn. He had been a successful operator, and only recalled pleasantly the bull quotations. This type of Ranger is all but gone. A few may yet be found in outlying ranches. One of the most celebrated resides near San Antonio—“Big-foot Wallace” by name. He says he doesn’t mind being called “Big-foot,” because he is six feet two in height, and is entitled to big feet. His face is done off in a nest of white hair and beard, and is patriarchal in character. In 1836 he came out from Virginia to “take toll” of the Mexicans for killing some relatives of his in the Fannin Massacre, and he considers that he has squared his accounts; but they had him on the debit side for a while. Being captured in the Meir expedition, he walked as a prisoner to the city of Mexico, and did public work for that country with a ball-and-chain attachment for two years. The prisoners overpowered the guards and escaped on one occasion, but were overtaken by Mexican cavalry while dying of thirst in a desert. Santa Anna ordered their “decimation,” which meant that every tenth man was shot, their lot being determined by the drawing of a black bean from an earthen pot containing a certain proportion of white ones. “Big-foot” drew a white one. He was also a member of Captain Hayes’s company, afterwards a captain of Rangers, and a noted Indian-fighter. Later he carried the mails from San Antonio to El Paso through a howling wilderness, but always brought it safely through—if safely can be called lying thirteen days by a water hole in the desert, waiting for a broken leg to mend, and living meanwhile on one prairie wolf, which he managed to shoot. Wallace was a professional hunter, who fought Indians and hated “greasers”; he belongs to the past, and has been “outspanned” under a civilization in which he has no place, and is today living in poverty.