The Project Gutenberg eBook, The Border and the Buffalo, by John R. Cook

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JOHN R. COOK.

The Border and the Buffalo

AN UNTOLD STORY OF THE
SOUTHWEST PLAINS


The Bloody Border of Missouri and Kansas.
The Story of the Slaughter of the
Buffalo. Westward among
the Big Game and
Wild Tribes.

A STORY OF MOUNTAIN AND PLAIN

BY
JOHN R. COOK


MONOTYPED AND PRINTED
By CRANE & COMPANY
TOPEKA, KANSAS
1907


Copyrighted January, 1907,
By John R. Cook.
All rights reserved.


The Border and the Buffalo

BY

JOHN R. COOK


Especially dedicated to my crippled wife, who patiently assisted and encouraged me to write this book; and to Sol Rees, Mortimer N. Kress ("Wild Bill"); also, that noble band of Buffalo hunters who stood shoulder to shoulder and fought Kiowas, Comanches, and Staked Plains Apaches, during the summer of 1877 on the Llano Estacado, or the Staked Plains of Western Texas and Eastern New Mexico, whose memories will ever pleasantly abide with

The Author


INTRODUCTION.

In presenting these Reminiscences to the reader the author wishes to say that they were written and compiled by an uneducated man, who is now 63 years of age, with no pretensions to literary attainments, having a very meager knowledge of the common-school branches. In placing these recollections in book form there is an endeavor all along the line to state the facts as they occurred to me. The tragic deaths seen by the author in dance-hall and saloon have been omitted, in this work. But to that band of hardy, tireless hunters that helped, as all army officers declared, more to settle the vexed Indian question in the five years of the greatest destruction of wild animals in the history of the world's hunting, the author especially devotes that portion of the book pertaining to the buffaloes. The incidents connected with the tragic death of Marshall Sewall will be appreciated, I trust, by all lovers of fair play. Thomas Lumpkins met his death in a manner that could be expected by all old plainsmen. There were so many tragic incidents that occurred during the author's experience after leaving New Mexico, that it was difficult for him to segregate one event from another, in order to prepare a presentable book,—one that could be read in every home in the land without shocking the finer sensibilities of the reader. And it is the sincere hope and desire of the author that this design and object have been accomplished.

JOHN R. COOK.


CONTENTS

Page
[Chapter I.]1
Boyhood in Territory of Kansas, 1857.—Day Fort Sumter was Fired on.—First Confederate Army at Independence, Missouri.—Search for Guns.—A Glimpse of Quantrill.—Guerrillas and the Money Belt.—My Uniform.—Quantrill at Baxter Springs.
[Chapter II.]27
Early Settlements of Southeast Kansas.—Texas Cattle Fever Trouble.—The Osage Indians and Firewater.—Poor Mrs. Bennett.—How Terwilligjer's Cattle Stampeded.—Why the Curtises Moved On.—The Odens Murder Parker.—Parker was Avenged.—Jane Heaton and Her Smith & Wesson Revolver.—What Became of the Benders.
[Chapter III.]45
A Trip to New Mexico.—Prospecting Around the Base of Mount Baldy.—My Experience with a Cinnamon Bear.—Wail of the Mountain Lion.—Tattooed Natives, Bound for the Texas Panhandle.—I Lanced a Buffalo.—Loaned My Gun and Suffered.
[Chapter IV.]59
"Lost"—"Alone at Night in the Wilds"—"I Quicksanded in the Canadian."—The Beaver Played in the Water.—Second Day and Night it Snowed.—The Wolves Serenade Me.—Was Getting Snowblind—Third Night Out, Suffered in Body and Mind.—Following Morning, Found Adobe Walls.—And the Good Samaritans were There.
[Chapter V.]81
We Move.—Acres of Buffalo.—Indian Scare—Killed Two Bear.—First Wedding in the Panhandle.—At Last—Fort Elliot.—Meet Romero and Son.—The Great Buffalo-slayer.—What Gen. Sheridan Said.—The Great Slaughter Began.
[Chapter VI.]116
Two Hundred and Three Killed at One Time.—How We Skinned Buffalo.—I saw a Panther.—Cyrus saw a Bear.—I Killed an Eagle.—A Great, Moving Mass of Buffalo.—I Kill a Cougar.—Hickey, the Hide-buyer.—Cyrus Meets a Bear.—The Wounded Panther.—The Weird Night Watch.—Left Alone.—On Meat Straight, Fourteen Days.
[Chapter VII.]151
Hides Bound for the Railroad.—I Go Into Partnership.—We Start North.—Grand Wild Animal Show.—The Wichita Mountains.—Wrong-wheel Jones.—I Killed Eighty-eight Buffalo.—I was Verdigris-Poisoned.—Traded Eagle Feathers for Pony.—Back South for a Winter's Hunt.
[Chapter VIII.]180
Indian Rumors.—Nigger Horse Runs Away.—A Close Midnight Call.—A Comanche Shoots at Me.—Rankin Moore Kills His Horse.—Diabolical Deeds.—Killing and Scalping of Sewall.—We Dug His Grave with Butcher-knives.—The Pocket Cañon Fight.—Hosea.—They Scatter Like Quails.—Plains Telegraphy.
[Chapter IX.]213
The Warrior's Last Ride.—Muffled Feet.—Bit off More Than We Could Chew.—The Cunning Warriors Tricked Us.—We Carried Water in My Boots.—Captain Lee Captures Their Camp.—How Lumpkins was Killed.—The Sewall Gun Hoodooed the Comanches.—The Blood-curdling Yell, and We were Afoot.—They Sure Waked Us Up.—Gathering the Clams.
[Chapter X.]246
The Staked Plains Horror.—A Forlorn Hope.—The Fate of the Benders.—Captain Nolan and His Troopers.—Quana Parker.—Rees, the Hero of the Hour.
[Chapter XI.]274
Water at Last.—"Yes, Sah"—"Take Him, Sah."—Drinking Horse-blood—They Had Given Up to Die.—Rees Said, "Find Carr."—He was Lying in the Shade of His Horse.—It was Rees and the Three Men.—We Ignited Soap-Balls.—Twenty Years in Prison.—We are All Here.—We Gather up some Horses.—Last Great Slaughter of the Buffalo.—Our Kangaroo Court, Always in Session.—Judge ("Wild Bill") Kress on the Bench.
[Chapter XII.]297
Sol Rees.—Dull Knife Raid, 1878.—His Night Ride from Kirwin to the Prairie Dog.—Elected Captain of the Settlers.—Single-handed Combat with a Warrior on the Sappa.—Meeting Major Mock and U. S. Soldiers.—Sworn in as Guide and Scout.—On a Hot Trail.—The Four Butchered Settlers on the Beaver.—Finds Lacerated, Nude Girl.—On the Trail.—Finds Annie Pangle's Wedding Dress.—Overtook Played-out Warrior.—Hurry to Ogalalla.—Lost the Trail.—Goes to New Mexico.—Meets Kit Carson's Widow.—Down with Mountain Fever.—Living at Home in Quiet.
[Chapter XIII.]315
Mortimer N. Kress ("Wild Bill").—His Heroic Example at the Battle of Casa Amarilla.—His Unselfish Generosity.—His Sublime Fortitude in the Hour-of Distress.—He Stood as a Buffer between Savagery and Civilization.—He is Geography Itself.
[Chapter XIV.]334
M. V. Daily.

MISCELLANEOUS STORIES OF BUFFALO LAND.
[Stampede of the Wheel-Oxen],329
[Favorite Hunting-Grounds],339
[The Unseen Tragedy],344
[Bellfield and the Dried Apples],346
[An Incident of Ben Jackson's Experience],348

LIST OF ILLUSTRATIONS.

[ John R. Cook], Frontispiece
Page
[ The Oldest Inhabitant], 57
[ Cook Serenaded by Wolves], 71
[ Nigger Horse and His Horse], 181
[ Comanche Medicine Man], 192
[ Indians Killing Buffalo in Texas], 197
[ An Apache Family], 218
[ Pocket Cañon Fight], 225
[ Staked Plains Fight], 236
[ Mrs. Alice V. Cook], 295
[ John Nelson Crump], 296
[ Wayne Solomon Rees], 297
[ Sol Rees], 298
[ Fight of Sol Rees with Indian], 302
[ Mortimer N. ("Wild Bill") Kress], 315
[ Alene Kress], 315
[ Mart. Dailey], 324
[ Spring of the Shining Rock], 352

THE BORDER AND THE BUFFALO.


CHAPTER I.

Boyhood in Territory of Kansas, 1857.—Day Fort Sumter was Fired On.—First Confederate Army at Independence, Missouri.—Search for Guns.—Glimpse of Quantrill.—Guerrillas and the Money Belt.—My Uniform.—Quantrill at Baxter Springs.

I was born in Mount Gilead, Ohio, on the 19th of December, 1844. Father moved his family to Lawrence, Kansas, in the spring of 1857. That summer we occupied the historical log cabin that J. H. Lane and Gaius Jenkins had trouble over,—resulting in the tragic death of the latter. Shortly prior to the killing of Jenkins, we moved to Peru, Indiana, where we remained until the latter part of March, 1861, when the family returned to Kansas. Myself and oldest brother traveled overland by team and wagon. We had three head of horses. We left the State line of Indiana at Danville, and crossed the Mississippi to Hannibal, Missouri, the day that General Beauregard fired on Fort Sumter. And the War of the Rebellion was on. As we were driving up a street, in the evening of that great day, an old gentleman standing at the gate in front of a cottage hailed us and asked where we were going. "To Kansas," was brother's reply.

The old gentleman walked out to where we had stopped, and said: "Boys, you are goin' into a peck of trouble. Gineral Buregard cannonaded Fort Sumter to-day, and is at it yit. Boys, I'd turn round and go back to whar ye come frum."

Brother said: "No, Uncle, we could never think of such a thing. Our father and mother are now at Lawrence, Kansas, and we must go to them."

He replied: "That place you are going to will be a dangerous place. There has already been a power of trouble out thar whar you are goin', and thar's bound to be a heap more; and all over the nigger, too. I own nineteen of 'em, but if it would stop the spillin' of blood I would free every one of 'em to-night."

This old gentleman had a kind, pleasant-looking face, wore the typical planter's hat, and seemed to take a fatherly interest in us; directed us to a certain farm house on our road where we could get accommodations for the night. And we passed on, having for the first time in our lives seen and talked with the owner of human chattels.

Some neighbors came to the house where we stayed that night, and in earnest fireside talk conveyed the idea that there would be no war; for, said they, when the North finds out that we are in earnest they will not fight us.

My brother, being four years older than I, took part in the evening's talk, and told them that it was but fair to leave the negro out of the question, and to consider the Union as our forefathers left it to us, and that he did not think that twenty-odd millions of people would consent to have the Union of our forefathers dismembered.

The next day, as we were passing through a densely timbered region, an old negro came out from behind a large tree near the wagon-track. His wool was white as snow; his head was bared, and, holding in one hand an apology for a hat, he gave us a courteous bow, and said: "Please, Mars, is we gwine to be free?" (Their underground telegraph was already bringing word from South Carolina to Missouri.)

My brother, being more diplomatic than I could or would have been at the time, said to him, "Why, you surprise me, Grandpop. You look fat and sleek and I know you have more freedom this minute than I have."

Passing on up the State road that leads through Independence, in Jackson county, I could not help but notice the change that had come over my brother. All along the route we had passed over we would talk about and comment on places we passed, objects we viewed, and anything amusing he would make the most of, to have the time pass as pleasantly as we could. But now his face had taken on a more serious look. He seemed at times to be more concerned than I ever remembered him to be before. Twelve miles before arriving at Independence, he said to me:

"John, I will do all of the talking from this on, when we meet anyone, or when in presence of anybody."

He afterwards told me the reason he had suggested this to me was, that the man of the house where we had stayed the night before had told him that a large Confederate army was being recruited at Independence; that the blockade was in force, and that all people bound for Kansas were forbidden to pass on through to that State. My brother did not wish to be caught on any contradictory statements that I might make.

We had traveled only about three miles after charging me to not talk, when suddenly five men on horseback rode up behind us, and, slowing down, engaged in conversation with my brother. I listened very attentively to the following dialogue:

"Whar you-uns goin' to?"

"To Kansas."

The speaker said: "We air too, purty soon. Me and this feller was out thar four year ago," pointing to one of the party, and meaning the border troubles of 1856. "We're goin' after Jim Lane and a lot more of the Free-State Abolitionists. What place you goin' to?"

"Lawrence."

"Why, that's a Abolition hole. You a Abolition?"

"Abolition? What is that?" my brother asked.

"Why, do you believe in free niggers?"

"I don't know enough about the subject to talk about it."

"Whar did ye come frum?"

"Indiana."

One of the others said, "Thar is whar I come frum."

The first spokesman said: "I come frum Arkansaw ten year ago, to the Sni hills."

Whereupon my brother asked, "What stream is this we are approaching?"

The first spokesman said, "This here crick is the Blue," and added, "you-uns'll never git to Kansis."

My brother shifted his position in the wagon-seat so as to face the speaker, and asked, "Why do you say that?"

"Oh, because the provost marshal will stop ye when ye git to town," meaning Independence.

My brother's name was Ralph Emerson, the family all calling him "Em" or "Emerson."

I said, "Emerson, I want a drink of water."

Just as he crossed the stream he stopped the team, took a tin cup that we carried along, and got down and handed me up a cup of water; and the five horsemen rode on.

As they were leaving us, the first spokesman said, "We'll see ye up town, boys."

As we were passing up the main street in Independence, we were aware that we were very much observed. This being the very earliest period of the war, there were no Confederate uniforms, but in order to distinguish an enlisted man from a civilian each soldier had a chevron of white muslin sewed diagonally across his left arm. The strip was about two inches wide and five or six inches long. These soldiers were to compose a portion of what was afterwards known as the famous flower of the Southwestern Army, C. S. A.

When we arrived about the central part of the town, we were halted. The man who halted us had on his left arm, in addition to the white chevron, one of red, just above the white one, on which were some letters, but I do not remember what they were. He had a cavalryman's saber and a Colt's revolver on his person. After halting us, he called to two other men, saying, "Come and search this wagon."

Just as the men were climbing into the wagon we were asked where we were going.

"To Kansas," said my brother.

"Go ahead—search that wagon," said the man who halted us.

Pretty soon one of the searchers said, "Sargent, here is a box of guns on their way to that d—d Abolition country."

I laughed in spite of myself.

To diverge a little: My father had been a cabinet-maker in his earlier life, and he had purchased a nice set of cane-seat chairs while we lived in Indiana. They were put together with dowel pins, and he thought as we boys had no load he would take them apart and pack them in a box, and we would haul them to Kansas. It so happened that the box he made to pack the chairs in did very much resemble a gun box, and I was forcibly reminded of the similarity in October, 1862, when my company was opening some gun boxes at Lawrence to arm ourselves with, when we were now sure-enough soldiers.

The sergeant ordered Emerson to turn the team around. One of the horses was tied behind the wagon. He was a large bay gelding, and as the team swung around on a haw pull, I noticed "Charlie," the horse, had been untied from the wagon and was being led through the crowd. In an instant I was off of the wagon, wound my way through the crowd, jerked the halter-strap out of the fellow's hands that was leading "Charlie," and with a bound I was astride of as fine a horse as was in all Missouri. The crowd set up a yell, but it had more of the cheer in it than that fearful Rebel yell we dreaded to hear in after years.

The crowd was now so dense around the wagon that the way had to be cleared for us to follow the sergeant, who was leading the way to the Provost Marshal's office. I cannot remember of ever being the center of so much attraction as we were that day.

Arriving at the Provost office, we were ordered inside. I tied "Charlie" by one of his mates, and accompanied my brother inside, where we were seated. On the opposite side of a table or desk from where we were was seated a large, florid-faced gentleman about sixty years of age. He had a frank, open countenance, wore gold-rimmed glasses, and was twirling a gold-headed cane in his hands. The sergeant saluted him, and said:

"Colonel, these boys are smuggling guns through to Kansas."

The Colonel replied: "That is a very serious business, indeed."

My brother arose and said: "Colonel, that is all a mistake. That box contains nothing but a set of cane-seat chairs, together with strips of carpet and the necessary wrappings to keep the varnish from being scratched and the furniture from being defaced."

The old Colonel, as they called him, arose, and, walking to the door, asked: "Sergeant, where are those guns?"

"In a box in that wagon by the door," came the answer.

"Have the box put on the sidewalk here and opened," which was done, and found to contain just what Emerson had told them.

The Colonel came close to where we were sitting and asked where we came from, and being answered, he asked to what particular part of Kansas we were going to. Emerson said we were going to Lawrence, but as the Shawnee Indians could now sell their lands we expected to purchase land of them in Johnson county.

"Sergeant," said the Colonel, "see that these boys are safely conducted outside of our lines on the road to Kansas City," and said to us, "That is all."

We went to the wagon, my brother driving the team and I bringing up the rear on "Charlie."

Coming around a bend and seeing our flag floating over Kansas City, I hurrahed, when my brother stopped me and made me tie the horse to the wagon and get up on the seat beside him. He said to me very sharply: "Young man, wait until you are out of the woods before you crow. Wait until we get to Lawrence—then we will be all right."

Poor boy! little did I think then what was in store for our country and him, and that he would be the sacrifice our father and mother had laid upon their country's altar. He barely escaped with his life at the sacking of Olathe, to be finally wholly deceived, surprised and shot down by a volley from Quantrill's bushwhackers at Baxter Springs, Oct. 6, 1863,—twenty-seven bullets crashing through his body. Of this, more extended mention will be made hereafter.

We drove that afternoon and evening through Kansas City and Westport, and arrived at the old Shawnee Mission late in the evening, having crossed the Missouri border in the evening twilight, and were once again on Kansas soil, whose eighty thousand and odd square miles of territory had given, would yet, and did give more lives for liberty and Union than any other State in the Union according to her population.

The next day in the afternoon we drove up Massachusetts street, in Lawrence. We noticed the absence of the circular rifle-pits—one at the south end of the street, the other near the Eldridge House; but we noticed the presence of men in blue uniforms. Then we noticed our father, and in a few moments our family were united. Father and mother had been very solicitous about us. Such men as E. R. Falley, S. N. Wood and others telling father that if we ever got through Missouri at all it would be a miracle, on account of the blockade. All Lawrence was up and preparing to answer back the fatal shot that Beauregard had fired. And the flag we already loved so well took on a new meaning to me.

The next day our family moved down through Eudora and on out to Hesper, where, just over the line in Johnson county, my father purchased two hundred acres of Shawnee Indian land, on Captain's creek. On this land my father, mother, a sister and two little brothers lived during the Slaveholders' Rebellion; and after the Quantrill raiders passed our house that memorable August night in 1863, to do at Lawrence what the world already knows, that mother and sister carried from the house, boxes and trunks so heavily laden with household goods to a cornfield, that when the excitement and danger were over they could not lift them, when they found the Ruffians did not return that way.

Before drifting these chapters to the early settlements of southern Kansas, and finally to the mountains and plains of the Southwest, the author deems it pertinent and relevant to follow more or less the Kansas and Missouri border, and on down through Indian Territory and Arkansas, from 1862 to 1865, the final ending of the rebellion, which found me at Little Rock, Arkansas. One incident occurred during the winter of 1861 that gave me my first glimpse of a Missouri guerrilla. My brother Emerson was teaching school at Hesper. One afternoon, one of the scholars left a bright-red shawl on the playground at recess. The road from Lawrence to Olathe ran through this playground. I was seated near a window at the south side of the school-room, in plain view of the road and shawl, when I noticed three men traveling east. One of them dismounted and picked up the shawl, and, mounting his horse, the three rode on. I called my brother's attention to the fact. He went to the door and called to the men, saying, "Bring back that shawl." They looked back and said something to him that he did not understand, and rode on, one of them putting the shawl over his shoulder. My brother dismissed the school, and, going to the nearest house, procured a horse and overtook them at the Bentley ford, on Captain's creek, and brought back the shawl. The words that Turpin of Olathe and his Missouri pals used when my brother overtook them were afterward remembered by one of these desperadoes as he was lying on the floor of a shack on the west side of the public square in Olathe, his life ebbing away from mortal gunshot wounds from Sheriff John Janes Torsey, of Johnson county. My brother, stooping over him, asked the dying bushwhacker if he remembered him. "Yes," came the feeble answer, "and I am sorry I said what I did to you when you came after the shawl last winter."

My next sight of a guerilla was in the summer of 1862, at Eudora. A German named Henry Bausman kept a road-house just north of the Wakarusa bridge, on the Lawrence road. He kept beer, pies, cakes, bologna sausage, and cheese to sell to travelers. His son Henry was about my age, and I thought a good deal of him, and when I would make the seven-mile ride from home to Eudora for the mail, I would cross the bridge and have a few moments chat with young Henry. On this particular occasion we were in the garden, not twenty steps from the road, when we saw a man approaching from the timber from the direction of Lawrence. It was the man that terrorized the border—Charles William Quantrill. But we did not know it at the time. He dismounted, tied his horse to a hitching-rack in front of the house, and went inside. Henry said to me:

"John, I believe that fellow is some kind of a spy. He has passed here several times in the last year, always going the same way. Let's go inside and see him."

When we came into the front part of the house where Bausman kept his beer and eatables, Quantrill was sitting on a bench with his back against the wall. He would look towards the living-room in the house, then toward the front entrance, and two different times he got up and walked to the door, looking up and down the road. He had on two revolvers; his overshirt was red, and he wore a sailor's necktie. After he left and had crossed the bridge going through Eudora, I got on my pony and started for home. When Quantrill got to the old stage line he turned towards Kansas City, I crossing the trail going on southeast to my home.

How did I know it was Quantrill? Only by the general description afterwards.

In the month of August, 1863, at Fort Scott, Kansas, Henry brought me the first published news of the Lawrence massacre. Henry being a poor reader, I read to him the account of the horrible butchery, after which he said:

"Oh if we only knew that that was him at our house last summer how easy we might have saved all this bloody work, for he must have been planning this terrible deed; and just to think my father had two guns loaded leaning against the wall at the head of the bed he and mother sleeps in. We could have killed him so easy and saved the town." Henry was my good German comrade, for we were then both soldiers in the same company.

Early in August, 1862, a gentleman, Booth by name, came into our neighborhood buying steers and oxen to be used in hauling military supplies to New Mexico over the old Santa Fé Trail. The train was being outfitted at the old outfitting post near Westport. My father sold Mr. Booth several head of cattle and he added to this purchase many more in the neighborhood, but could not get near as many as he wanted. He got my father's permission to help him drive the cattle to the outfitting station.

We started the cattle from my father's farm the afternoon of the 16th day of August, 1862, and drove them to Lexington, about four miles from home, on the old Kansas City & Topeka stage line. There was a large hotel there and we put up for the night, turning the cattle in a lot or corral and putting our horses in the stable. We went to the house and were standing on the front porch facing the stage road when suddenly Mr. Booth said: "Johnny, come with me, quick!" and passing through the house and on out and into the barn, and as I followed him in he said "shut the door."

He was nervous and excited. He took off his revolver belt and unbuttoning his clothes as if he was going to disrobe he took from his waist a broad soft belt, saying: "Here, get this around your waist quickly; unbutton your pants and get the belt next to your body." After all was arranged as he wished, he had me take my coat from my saddle and put it on, he saying "I know it is very warm, but please wear it for a while." Then he said: "Now, Johnny, you are a young farmer lad and would not be suspected of having any money. But I would. There is over three thousand dollars in that belt. Now don't say a word about it."

We had no sooner got back to the porch than it was made plain to me what had caused Mr. Booth's quick actions. Looking down the stage line towards Monticello we saw approaching about twenty-five mounted men.

They came up within a hundred and fifty steps of us and halted and for quite a little bit seemed to be holding a council.

Presently three of the party came on up to the hotel. Mr. B. accosted them with "How do you do, gentlemen?" The courtesies of the day passed when one of the three asked "are you the proprietor?" Getting a negative answer, another one asked if he could tell them how far it was to Lanesfield on the Santa Fé trail, and what direction it was. Mr. B. said "perhaps this boy can tell you."

I stepped to the corner of the house and told them it was about twelve miles in this direction, pointing toward the place. They asked "What creek is that we crossed back yonder?" I answered Kill creek. One of them said "I thought so when we crossed it, but was not sure." Another said, "then that is the way we want to go up that west prong;" and saying good-by they rode back to their companions and all turned south and rode over the unsettled prairie toward Lanesfield.

One of the three men I noticed in particular; he had red hair, short scrubby beard and the scar of a recently healed wound under his left ear. I saw this same man's lifeless body in December, 1863, in the Boston Mountains in Arkansas.

That evening after it had become dark Mr. Booth and I took some blankets and went northwest from the house some distance to a swale and lay down in the prairie grass to sleep. Mr. B. told me in the morning he had had a bad night of it and had not been able to sleep but little; but I, a growing husky farmer boy, was sound asleep in a jiffy. Mr. Booth said he would give the world if he could sleep like I did. He awoke me in the early dawn and we went to the house.

After breakfast we saddled our horses, turned the cattle out and grazed them down to Kill creek; then after watering them and grazing them a few moments longer we drove them past Monticello and made our noon stop in some scattering sumac where grass was good and plentiful. We ate our lunch that had been put up at the Lexington hotel and that evening drove to an old Shawnee Indian's on Mill creek and put up for the night.

The next day, when we were about five miles from the outfitting post, we met a second lieutenant with twenty-five soldiers sent out to look for Mr. Booth. Just at that period of the war there was an unusual stir along the border. Lots of the guerrillas from north Missouri had worked their way south to the Sni hills; those from the two Blues were active and the troops at Independence (Union troops now) were kept busy chasing the bushwhackers.

When the lieutenant met us he said "Hello, Mr. Booth! How are you? We got uneasy about you and they sent me to look you up."

"What is the news?" asked Mr. B. (It seemed that he and the officer were former acquaintances.)

"Well," said the lieutenant, "the devil is to pay! We've been getting the worst of it for the present; the president has called for more troops; your uncle Jim was killed a few days ago by the Youngers; Quantrill is going to raise the black flag. Bill Anderson, Spring River Baker, Pony Hill, Cy Gordon, and all the guerrilla leaders swear they will make the people over the border earn the title of 'Bleeding Kansas.'"

That settled the matter for me. I had been importuning my father for the past six months to give his consent for me to enlist in the army; but he would say, "wait a bit; let us watch. Maybe we will all have to turn out. We will see,—you are very young for a soldier." But this lieutenant's running talk had decided me. I would go in the army as soon as I got back home.

Mr. Booth told the officer about the mounted men we saw at Lexington. "Yes," said the lieutenant, "that is why I was sent this way; those fellows crossed the Missouri at Lee's Summit three nights ago and went west between Kansas City and Independence; but we never heard of it until about midnight last night. They were headed off by Pennick's men from getting to the Sni hills; but I can't see how or why they would go so far west before turning south. But they were thought to be west of here. Some think that George Tod is their leader."

Here Mr. Booth spoke to me, asking, "Johnny, are you afraid to start back home alone?"

I said "No, sir; I don't think anybody would harm a boy." I took the money belt from my waist and handed it to Mr. Booth, who took from a purse in his pocket a ten-dollar bill and a two-dollar Clark and Gruber bill. Handing them to me he said, "you are riding a splendid horse. He is as tough as a pine knot. Now you ride back to the old Shawnee Indian's, have him feed your horse and get you all you want to eat; you can then ride to your father's by 2 o'clock to-night." He bade me good-by, saying, "I hope your folks will come out of this trouble without harm."

Poor Booth! We learned that the gray matter oozed from his brain the following October, in Johnson county, Missouri, he having been shot in the temple by the Youngers.

I arrived home a few minutes after the old Seth Thomas clock struck twelve, August 19th, and on the following 2d day of September I enlisted in what was known in its organization as Company E, Twelfth Kansas Infantry, Charles W. Adams Colonel, son-in-law to Senator James H. Lane.

On the following 24th day of December I was 17 years old. I enlisted at Lawrence, was sworn into the service by James Steele of Emporia, who was my first captain. One of the conditions of oath was that I would accept such bounty, pay, rations and clothing as were or would be by law provided for volunteers. Yet in 1864 I had to skirmish around pretty lively and provide the ration part myself.

After being sworn in I was sent into a room adjoining and put on my first uniform. There was a near-sighted, cross-eyed fellow in this room who had charge of affairs. There was a long table piled with clothing. It was the worst lot of shoddy that ever came from a factory. At this time I was small, even for my age. I had to take a pair of pants that were many sizes too large. Then we hunted over the pile of pea-jackets and got the smallest one, and it was just too much of a fit.

Then my hat! Oh, such a hat! It was black, high crown, about a four-inch rim, a green cord around it, a brass bugle on the front, and it had a large fluffy black feather plume from the band up and angling over the crown.

That day I had a daguerreotype picture of myself taken, and when the artist showed it to me I felt so big that President Lincoln's overcoat would not have made me a pair of mittens.

Shoes came next, and I got a fit. Then came a knapsack and haversack. The knapsack I loaded up with two suits of underclothes and a fatigue blouse. Then came a pair of dog-hair blankets; and when I strapped the whole outfit on my back I must have looked like Atlas carrying the world.

I now started for home on a three days' leave of absence. That evening I boldly walked into the kitchen where my mother was preparing the evening meal. At sight of me she threw up both of her hands, exclaiming "Great Cæsar!"

I said, "No mother, I am neither Cæsar nor Brutus, but I am a Union soldier."

One could have taken two seamless grain sacks, cut the bottom out and run a gee-string through and made equally as good-fitting a pair of pants as I had on.

On returning to Lawrence I found the recruiting camp up the river a little way from town. It was near the Kansas river and close by a big spring that I remembered of being at many times during the summer of 1857. After staying at this camp a few days we marched south to a block-house on the Osage river, twelve miles north of Fort Scott, Kansas. This block-house was called at the time Fort Lincoln. From there we marched back to Paola, where my regiment was mustered into the service; and a few days afterward the wounded from the Prairie Grove battle passed through Paola to the Leavenworth hospital.

My regiment was formed out along the border by companies and battalions, my company going to Shawneetown after it had been raided and sacked.

In February we were in Fort Scott. In April I was put on detached duty; was assigned to C Company, Third Wisconsin Cavalry, with headquarters on the Drywood, in Jasper county, Mo., and for months we rode the border from Balltown to Spring river, being in the native heath of Pony Hill, and finally ending his career. Lexington's men suffered in proportion to the killings and robberies they committed, and Cy Gordon made himself scarce.

I was back to my company in August and at 3 A. M., October 7th, 1863. Henry Bausman, our drummer boy, beat the long roll so vigorously that we were in line, some in stocking-feet, some bareheaded. We were ordered to get three days' rations, hard-tack and bacon, and hurry to Baxter Springs, where, the day before, Quantrill with four hundred bushwhackers had surprised and deceived the little garrison and killed 65 soldiers and seven commissioned officers—my brother included in the list.

By daybreak we were en route for Baxter Springs, riding in Government wagons drawn by six-mule teams. We arrived there long after night, and learned that sixty-five bodies had been buried in one trench, and the bodies of the commissioned officers we had not met on our road down were buried separately about fifty feet from the trench, under some blackjack trees. Henry, a colored soldier, who had been my brother's cook and camp-keeper, piloted me out to my brother's grave. My heart for a time seemed like stone; not a tear, not a sigh, but as I stood looking down at that mound of fresh earth I realized that "war is hell" long before I ever heard that General Sherman said it was.

My brother was in temporary command at Baxter Springs at the time he was killed, and the circumstances of his killing were among the most cowardly, brutal, and treacherous incidents in the annals of a so-called civilized warfare. The little garrison was composed of the most of C Company and a portion of L Company of the Third Wisconsin cavalry and A Company of the First regiment of negro troops that were raised west of the Missouri river.

Baxter was established as a way or change station between Fort Scott, Kansas, and Fort Gibson, I. T. It lies in the extreme southeast part of Kansas. Here the dispatch bearers and messenger riders changed horses between points.

My brother had certain trees blazed on the brush and timbered side of the garrison, and stakes set with little flags on them on the prairie side, which took in about eight or ten acres of ground. He had issued an order against firing guns inside these lines unless so ordered. About the time this order was made, a Union lady came in from the Shoal creek country and told my brother that Quantrill was gathering his guerrillas together in the hills of southern Jasper for the purpose of striking another hard blow. This time he would capture General Blunt and destroy his escort while the General was en route from Fort Scott, Kansas, to Fort Smith, Arkansas, where he was to make his headquarters. This lady said that it was Quantrill's intention to first capture Baxter Springs the day Blunt would arrive. They were to get possession of Baxter before Blunt arrived and attend to him when he came.

My brother at once sent a message to Fort Scott, notifying the authorities of the intent. He also sent a messenger to Carthage, Mo., asking for immediate reinforcements. The messenger that started to Scott was never seen or heard from, and it is only fair to presume that he was captured and taken to some lonely spot and killed. The messenger to Carthage got through, but the next day after my brother was killed the word came back, "No troops to spare."

The fates were at work. The very day this horrible massacre occurred the Neosho river was nearly out of its banks on account of unusually heavy rains to the west. Johnny Fry, a messenger rider, on his way from Fort Gibson to Fort Scott with an important message, was being pursued by Cy Gordon and five Creek Indians. He was some 300 yards in advance of them when he came to the river, and as his horse was taking him ashore on the north side of the stream Gordon and his Creeks had dismounted and were shooting at him from the south bank. He came on into Baxter unharmed, related the incident to my brother and several others, and said in closing that he had gotten his pistols wet when he swam the river, and wanted to shoot them empty, clean and reload them, before going on to Fort Scott. My brother said: "All right, Johnny; after dinner we will go outside the lines and fire them off. We will shoot at a mark; I'll take my own along, for I want to clean them up too."

They took a Third Wisconsin man along to tally. Blunt was not expected for several days, according to the information this little garrison had received.

The Third Wisconsin man stuck the five-spot of diamonds on a black oak tree just outside the lines and nearly in sight of the water at the Spring river ford. The ground was paced off and the firing at target had proceeded until my brother had one shot left and Johnny two, when like a clap of thunder from a clear sky the guerrillas rode up out of the Spring river ford carrying our flag and dressed in our uniforms, stripped from the bodies of Union soldiers they had killed along the border. By this time they were sixty paces from the three men and moving on in column of fours. The tally man, standing where he had a view of the whole line, noticed that only about half of them were dressed in our uniform, and Johnny Frey's suspicions being aroused he said "Run, boys, for your lives; they are guerrillas!" "No," said my brother, "that's the militia from Carthage."

But the Third Wisconsin man took his pistol from its scabbard and threw it on the ground in front of him and begged for his life, and they spared it. He told us afterward that they seemed to ignore his presence; but halted, fired a left-oblique volley of about twenty shots at Johnny and my brother. The shots brought both men to the ground. Johnny rose on his knees with both hands gripped to his pistol, and fired. As he did so he fell back, dead. My brother, getting to his feet, fired his last shot, when he too fell forward on his face.

About fifty of these devils incarnate clustered around their bodies. Turning my brother over face upwards one of them called to another that was farther back in the line, saying, "Come here, Storey! Here is your man, by God! We've got him." This fellow came up, dismounted, and drawing a heavy bowie-knife whacked my brother a blow over the front part of the skull, cutting a gash about five inches long.

The Third Wisconsin man had been herded inside this group around these quivering bodies. He saw them rifle Johnny's pockets and take my brother's uniform; then he was ordered to go to the rear and mount one of the extra horses.

Their firing had alarmed the camp, and as they charged up along the northern side of it they were met with a spirited irregular fire from the darkies, and as they swung around the western angle the Third Wisconsin boys took a turn at them and they passed on out of range on the open prairie and marched up the trail, our flag at the head of column in fours dressed as Union soldiers. Is it any wonder that Blunt's advance thought they were the troops from Baxter coming out to give them a fraternal reception?

Blunt had nooned that day at Brushy, four miles from Baxter, and coming down the trail riding in an ambulance and his big gray horse tied behind barebacked, everybody unsuspecting, the Third Wisconsin band getting ready to play a patriotic tune, nearly all of the men that Blunt had being raw recruits, not knowing nor thinking of harm. Is it any wonder, I repeat, that Quantrill made the shambles he did in such an amazing short time? And does it not seem strange that Jack Splain would be lying on the ground badly wounded and Quantrill placing a pistol to his face telling him that when he got to hell he should tell them that Quantrill was the last man he saw, and fired in his face, and that Splain lived to tell it at Grand Army reunions? Was she not a heroine when Mrs. McNary picked up her dead husband's gun that day and killed a bushwhacker at Baxter Springs?

Gen. Blunt's escort was demoralized; but he mounted his horse and with ten men fairly cut his way through the guerrillas and got safely to the garrison, where he established his headquarters in my brother's tent. When my brother's body was brought in for burial it was found he had received twenty-seven bullets in his body. He had gained a notoriety along the border. Among other things he had killed a guerrilla near Westport who carried a dead list, and among the names not yet crossed out were those of Captain Hoyt, Chief of the Red Legs; John Jones, sheriff of Johnson county, Kansas; Doctor Beech, of Olathe, Kansas; and R. E. Cook, my brother. Unfortunately, this list was published at the time, together with the details of the fight between the Border Ruffians and my brother. So he was a particular mark for vengeance and revenge. When it was also known that he was an officer of "nigger" troops, and being recognized when the guerrillas rode onto them, they wreaked their vengeance with revenge.

As I sat by the camp-fire listening to the story of the finding of the body of that brave, generous, kind-hearted and loyal boy, it was then that my pent-up grief came home to me. Those in the garrison were not willing to take chances, that first evening after the attack, to look on the timbered side for dead or wounded friends. So the next morning a strong party went out; they found Johnny's body where it fell, and it was rigid. And, remarkable to say, my brother's body was not yet rigid. He was found in a clump of hazel brush sixty yards from where he had fallen. And the mute evidence of the trails he had made through the blood-stained grass, to where he was found and both hands with broken hazel brush gripped in them, seemed to indicate to those who found the body that life had not been extinct until near morning. Johnny Fry had six wounds, all mortal. But when the soldiers washed my brother's body after bringing him to the garrison, preparatory to dressing him for burial, they found, besides the knife wound, twenty-seven bullet wounds.

Reader, would you call that war? No; it was murder, pure and simple.

I could not go home and tell this story to my dear little old Irish mother, whose God was the Lord; but I did, if anything, worse. When my brother was killed he was wearing a soft white hat which fitted his head rather tightly, and when the guerrilla turned him face upward and called to Storey, his hat was still on and nearly in the position in which he wore it. So when this fiend delivered the knife-stroke, he cut through the hat a gash nearly six inches long, running from near the center of the crown diagonally across the forehead on the left side.

On the morning of the 10th day of October, I was called to General Blunt's tent, where he informed me he would give me a furlough to take home the effects of my brother. He also gave me an order on the quartermaster at Fort Scott for my brother's horse, that had carried the first messenger to Scott after the disaster.

As I was packing up the things I wished to take home, he handed me a package of papers that had been taken from my brother's desk. At the time, I had the hat alluded to in my hands to put in the box I was packing. He noticed the hat, and said: "Let me see that hat."

I laid it in his hands and he asked me why I wanted to take it. I said, "General, the man that struck that cruel lick is named Storey, and if he is not killed in this war the civil law will hang him when peace is restored. And that hat will be a good witness, and I may want it."

"Y-e-s," he said in a drawling way; "that's all right."

I was not yet eighteen years old, and did not really foresee the effect it would have on my mother. When she gazed on the grewsome sight of that blood-stained and gashed hat, she stood mutely looking for a moment; then placing both hands over her heart uttered a deep sigh and was staggering backwards, when I caught her in my arms and led her to a lounge in another room. She survived the ordeal and passed on in 1891 to that Beulah Land she loved so well to sing about, and her last words were, "I will soon be drinking at the fountain."

It has been said that all is fair in love and war; and that the end justifies the means. I have an abiding respect for the Confederate soldier who did his duty in the light in which he saw it at that time. Yes, I have an admiration for him. He was an American, and did he not fight on with a dogged perseverance even after the backbone of rebellion broke at Gettysburg, a victim of a hopeless and mistaken course, staying with his forlorn hope to the end, and as a rule accepting the results? Yes; all true soldiers have a profound respect for the enemy that will meet him in the open, his true colors and garb in evidence, the honest tell-tale of who and what he is. This is not only true in a military sense, but it is true in a moral and political sense. But fiends incarnate, who respect neither moral, civil, nor military law, should be hunted like cougars. But, be it said to the credit of the Confederacy, these border freebooters had no legal status. Such was the position of Quantrill and his followers. Go to Aubrey, Olathe, Shawneetown, Lawrence, Centralia, Mo., Rossville, Ark., and the hundreds of lonely ravines and hollows along the Missouri border, where death reaped a greater harvest in the period of four years from '61 to '65 by murder in guerrilla warfare than any like area since time began.

The first camp-fires of the slaveholders' rebellion were kindled on Kansas soil, five years before P. G. T. Beauregard fired the shot on Fort Sumter that was heard around the world, and saddened every home in our land. The horde of Border Ruffians that had bent every energy from 1856 and 1857 to fasten the system of human slavery in Kansas Territory having dismally failed, after leaving a trail of blood and carnage behind them, "silently folded their tents" and recrossed the border. But when actual hostilities came in 1861 on a national scale, the spirit of revenge came to the front and Kansas must suffer. Men of desperate character from Kentucky, Mississippi and Louisiana came out, and up to join the Missourians to help them even up with Kansans for their failure to make Kansas a Slave State.

And what a field for operations! At that time the border on both sides of the line was sparsely settled, from Kansas City to the Indian Territory and to the Arkansas line, thus affording many quiet hiding-places between depredations committed.

After being home a few days I returned to Fort Scott, to learn that my company had marched to Fort Smith, Ark. I was placed in a stragglers' camp to await the time that Colonel Tom Moonlight was to take us down the western border of Arkansas to Fort Smith. He mounted us on a fresh supply of horses that were going down to fill vacancies. There were nearly one hundred of us, artillerymen, cavalrymen and infantrymen, going to join our respective commands. Moonlight was given a free lance. The only condition was to keep on and near the left flank of a large transportation train bound for Fort Smith, Ark. It is needless to say that on the trip down the border and over the Boston Mountains several old scores were evened up. We arrived at Fort Smith in late December, and on January 1, 1864, my regiment was reunited, except H Company, and kept so until the close of the war. Its history is briefly written in marches, counter-marches, foraging expeditions, the Shreveport campaign and fighting guerrillas—all this was the order of the times.

We were mustered out of service at Little Rock, Ark., June 30th, 1865, and finally discharged, paid off, and disbanded at Lawrence, Kansas, July 20th.

I was not twenty years old, without a scar or scratch, but brought from cypress and alligator swamps of the south a case of malarial fever that tenaciously stayed in my system for four months. I believe I could make a safe two-to-one bet that no mortal on earth ever drank as much boneset tea during that time as I did. My mother, backed by every old lady in the neighborhood, insisted that it was the only remedy to get the bile off my stomach and the ague out of my system.


CHAPTER II.

Early Settlements of Southeast Kansas.—Texas Cattle Fever Trouble.—The Osage Indians and Firewater.—Poor Mrs. Bennett.—How Terwilliger's Cattle Stampeded.—Why the Curtises Moved On.—The Odens Murder Parker.—Parker Was Avenged.—Jane Heaton and Her Smith & Wesson Revolver.—What Became of the Benders.

In 1867 I went to Labette county, and located on 160 acres of land three miles from where the notorious Bender family committed their horrible murders in 1873. Shortly after locating, together with all of the settlers on Timber Hill creek, I got mixed up in the Texas cattle fever trouble that broke out along the Indian Territory border.

At the time the trouble was on an old man and his son who was about 35 years old had taken up a claim on Big Hill creek down near the Montgomery county line, and had established a trading-post and were selling whisky to the Osage Indians, who had recently ceded their lands and were preparing to move south and west to their present reserve.

Milt Adams, James Bennett and myself were delegated to wait on the old man Curtis and son to tell them to quit selling liquor to the Osage Indians. They both denied ever selling them any at all. But we had the indisputable evidence from the best of sources that they had. I said: "Look here, you see that cabin down there on the prairie? That is the extreme frontier cabin that a white man lives in the border. That's John Bennett's home. And that was his wife, who, day before yesterday, was compelled to stand over a hot cook stove, in a little cluttered up room, and cook meat and bake nearly half a sack of flour into biscuits for a party of drunken Osage Indians that got their whisky here and went straight from here to Bennett's. You both know that in point of personal valor when sober the Osage is a coward, and cowards have to get drunk to be dangerous. Of course the worst injury Mrs. Bennett received was fright, and now that poor woman is prostrate and the Timber and Big Hill settlements will hold you fellows responsible for it."

A man by the name of Terwilliger had a large corral on Cherry creek near its junction with the Nipawalla, or Drum creek, and on the western border of our settlement. He was grazing about 600 head of long-horned Texas cattle. He had repeatedly been requested to move his cattle farther west, beyond the danger-line, but paid no heed to the wish of the settlers. The day that Mr. Curtis and son were advised "to seek other parts," which they did, that same night, some one rode along the east side of Terwilliger's corral, where 600 steers were lying down chewing their cuds, and threw a big cat over the fence plump on a steer.

Ugh-ee! Woof! and the ground fairly trembled. The stampede was on. The eight-rail staked and double-ridered fence was no barrier. Some of the rails were carried 200 feet from the fence. And most of the cattle were twenty-five miles southwest by noon the next day when their herders caught up with them.

It was suspected that the son of a Methodist circuit rider delivered the cat to the steer, his father having supplicated the Sunday before, "that we might be spared from the dreadful scourge of the Texas fever."

This fever was fatal to domestic cattle, but did not seem to affect the native cattle of Texas either at home or on the drive northward. And since the long-horned breeds have become nearly extinct, by crossing and recrossing of breeds, Texas fever is scarcely heard of now. But in early times in southern Kansas eternal vigilance from July to the first killing frost was the price of milk. Had the settlers not been vigilant those days the children along the border would have cried for milk; for Kansas had not yet made any dead-line legislation against Texas cattle.

During the latter part of the winter of 1869, the two Oden brothers killed young Parker over a claim dispute. The killing took place at the house on the disputed claim near the mouth of Onion creek, on the west side of the Verdigris river, in Montgomery county, which was not yet organized. Osage township, the one I lived in in Labette county, was the nearest judicial point to the place of the killing. A mob gathered and surrounded the Oden house near the scene of the murder, as it afterwards proved to be. The mob's purpose was to give the Odens a trial, with Judge Lynch on the bench. But when inky darkness came on, the Odens slipped by the guards and went to, and surrendered to the Justice of the Peace, Wm. H. Carpenter, of Osage township.

I was township constable at the time. Their revolvers, four in number, were handed to me. Subpœnas were given to me to serve on witnesses for the defense, in the neighborhood where the deed was perpetrated. I deputized Henry Waymire to take charge of Bill Oden during my absence; also, Mahlon King, the son of a Methodist minister, to go with me to Onion creek and help to guard and protect Tom Oden, whom we took with us, by his own and also by his brother's request. Tom had told us, which proved to be true, that if he went home alone he might be killed; that his wife was in delicate health, and that he was anxious to see her and allay her fears about him.

We left the residence of the Justice of the Peace about four in the afternoon. It was twenty-five miles southwest to where we were to go. When darkness came on we were on a treeless prairie, taking a course for a trading-post near the mouth of Pumpkin creek, where we arrived about ten o'clock at night. We found about twenty-five men who had congregated there before we reached the post. We had tied a large woolen scarf around the neck, face, and head of our volunteer prisoner, and passed him off for one of my deputies. One of the witnesses that I was to subpœna was a clerk at this trading-post. I dismounted, went inside, and handed a copy of the subpœna to the clerk, took a look at the crowd, and was starting out, when one of the party asked me where the Odens were. My reply was, "Under a strong guard at Timber Hill." I was then asked who the other two fellows were outside. I answered, "Two deputy constables." I was then asked to take a glass of whisky. I replied that "I never drank," which was the second misstatement I had made to them. That was an ominous-looking crowd. I learned afterwards that my first lie had saved Tom Oden's life for a time, and perhaps Mahlon King's and my own. Had the prisoner not given himself up to the majesty of the law? And was he not entitled to a fair trial by the law? And would it not have been inexcusable cowardice had we not defended him to the last?

After leaving the traders we soon came to the Verdigris river, which was more than half bank-full, and was sparsely settled on both sides to the Indian Territory line. Near the mouth of Onion creek we left our horses at an old negro's on the east bank of the river and called up Mr. Phelps, who lived on the west bank eighty rods down the river. At this time I did not know Mr. Phelps was to be the main witness for the State against the Odens. Tom Oden said to me, when we arrived opposite Mr. Phelps's, that "Old Phelps keeps a skiff, and if you will call him up we can cross here; then it is only a mile down home, with a plain road all the way." Then he added: "I'd rather not let the old man know who I am at present, and if I was to call for him he might recognize my voice."

I hallooed twice, and the response was, "What is wanted?" I answered, "There are three of us here from the Timber Hills, and we wish to cross the river." He remarked: "It is now nearly midnight. Can't you go to the house a little way down the river and wait till morning? Then I'll row you over." I told him our business was urgent, and that "we must cross at once." He said, "all right; I'll soon be there."

When Mr. Phelps came down the bank he set a lantern in the bow of the boat. He did not use oars, but sat in the stern and paddled across, and, as he neared our side, let the boat drift to the bank, bow up stream.

I caught the gunwale at the bow and said to the prisoner, who yet had his head and face muffled, "Rogers, you get in first."

Mr. Phelps said, "I can't take but two of you at once."

I said, "Mahlon, you get in here, then, near the bow."

Mr. Phelps then asked me to hold the lantern up high, as he believed he could make the other bank at a place he wished to land better than if they took the lantern with them. The river here was about 200 feet wide, and very deep, with a strong current.

The boat had not gotten more than ten feet from the shore, when Oden shifted his position suddenly, which tilted the boat violently and threw Mr. Phelps into the river. I called to Mahlon King to throw me the bow-line, but he caught up the line and leaped towards shore, the bank at that place being a gradual slope towards shore. He made a few strokes, and found footing.

Phelps, being in the stern of the boat when tilted out, was farther out in the stream; for he had backed out to swing the bow around; and when pitched out he was in deep and pretty swift water. There were some long overhanging limbs just below him, which, on account of the swollen condition of the stream, nearly reached the water. Mr. Phelps was calling for help.

I dropped the lantern, jerked both six-shooters out of their scabbards, dropped them on the ground, ran down the stream about thirty feet, plunged in, and swam out under the branches, just in time to catch Mr. Phelps by his coat-sleeve with my right hand, at the same time holding on to a sweeping limb with my left hand. Soon we were ashore, paddle and all, for he had hung onto it while struggling in the water.

Here we were, three of us, wet as drowned rats, and Tom Oden, a cold-blooded murderer, dry as a powder-horn.

I had not the slightest suspicion at the time that Oden tilted the boat intentionally, hoping to drown Mr. Phelps in order to get rid of a damaging witness against the Odens. Replacing my pistols in their holsters, I got in the boat in front of Mr. Phelps and said, "Now, Rogers, get in and we will try it again, and be very careful and sit still."

Whether he thought, by my getting in the boat instead of King, that my suspicions were aroused and that I might shoot him in another attempt to tilt the boat, I am unable to say.

We went on to Oden's cabin, after crossing, and before a large open fireplace dried our clothing, and got a few cat-naps before daylight. All the time and throughout the entire day until we started back, Tom Oden was in an adjoining room with Mrs. Oden.

I left King at the house, and rode to different cabins that forenoon, hunting for the witnesses I had subpœnas for.

I could not help but notice that a pall had fallen over the people. Expressions of lament, and the high esteem in which Parker had been held by the entire community,—this, together with their outspoken condemnation, from men who had grown to manhood on the frontier, boded no good for the Odens. And I felt that the brand of Cain and the seal of death had been placed upon them.

When I came back to the Oden cabin I got King and Oden together and gave them my impressions; and Oden said, "Yes, there are men in this country that want us put out of the way." Meaning himself and his brother.

I said, "We must still carry out our deception and claim him as belonging in our party." Accordingly, we planned to leave for Timber Hill at four o'clock. I walked up to Mr. Phelps's, and got him to set me back across the river.

From there I went to the old darky's and got the three horses, and went down the river a mile and a half to where the other two men had crossed the river, quite at the mouth of Onion creek.

After mounting I said: "Now, boys, you two keep right up the river, pass the old darky's, and head so as to cross Pumpkin creek half-way between the Verdigris and the trading-post." (Before alluded to.) "I will strike straight from here to the post."

Then I said to King, "You know the course to the mouth of Wild Cat; keep straight on it, and if I am not there by the time you are, go to old Mr. McCarmac's on Big Hill and wait for me."

They started up the river. I rode out of the timber and brush that skirted the river and headed straight across the prairie for the trading-post.

When a little less than a mile from the place I came in sight of it and noticed a large crowd of men outside the store. I put my horse in a lope, galloped up to them and dismounted, saying, "Hello, boys."

This place was known as the Gokey Store. One of the Gokeys came up and shook hands with me (we were quite well acquainted), and he said: "So it was you that passed here last night. I just got in to-day with a load of freight and learned of the trouble just before you came in sight. Where are the other two men?" (He had been told that there were three of us passed his place the night before.)

I told him: "I do not know where they are, but I left them opposite the mouth of Onion creek."

Gokey took me to one side and informed me that there were about twenty of the crowd had provisioned a wagon and were going to Timber Hill to be at the preliminary hearing of the Odens, which was to be held at a log school-house in our township, about one and one-fourth miles south of the justice's residence.

I omitted to state that when the Odens came up to surrender, they brought with them a young man by the name of Powell as witness for the defense. He was the only eye-witness to the killing of Parker, beside the Odens.

When I left the Gokey store, a few minutes after arriving there, the queer feeling of impending danger and trouble came over me, and that serious trouble might yet occur while those two prisoners were still in our charge.

Shortly after crossing the ford at the north and south trail, I struck off across a trackless prairie for the mouth of Wild Cat creek. I found on arriving there that King and Oden had crossed and were only a short distance ahead of me. It had become quite dark when I caught up with them. I said, "Look here, Oden, from this on we will have to use the utmost caution for your safety, while you are in my charge. So when we get to Big Hill you two fellows take the hill road and hurry on to Carpenter's, and I'll keep up the creek bottom trail to the school-house and bring some more deputies with me to Carpenter's;" which I did.

I arrived at Carpenter's after midnight with seven men whom I knew could be depended upon in any emergency. There were now at Justice Carpenter's the two Odens, young Powell, their witness, eight deputies and myself.

The time for the trial had been set for 2 P. M. the next day.

When we arrived at the school-house, just before proceedings commenced, we beheld a motley-looking crowd. There were about thirty of the Timber Hill and about fifteen of the Big Hill settlers. Added to these were the twenty-odd men from near the scene of the murder, twenty-five miles away.

There were men dressed in the garb of homespun butter-nut, a cloth made on the hand-looms of the day. Some were yet wearing their old army uniforms, the well-known sky-blue trousers, navy-blue blouse, with brass buttons with the American eagle upon them, the blue overcoat with the long or short cape,—a distinction between an ex-cavalryman and ex-infantryman. Others were there togged out in the then up-to-date store clothes and "biled" shirt. The horses were tied to wagons in front of the school-house, on the open prairie and to trees in the rear. Camp-fires were burning in different places, on each side and behind the house.

These men were walking arsenals. Nearly all were each carrying two six-shooters, and among them were rifles of many different patterns. One man could be seen with a long-barreled Hawkins rifle, while his neighbor carried an army Enfield, one a Springfield, and one man an old brass-band American musket. Some had the Gallagher, some the Spencer, and some carried Sharp's carbine.

Not a man was there through idle curiosity, but either to kill the Odens or see fair play. It was learned afterward that the twenty men who had come up from Gokey's had held a council just before they came to the school-house and decided that, in killing the Odens on that trip, they might have to kill others and at the same time sacrifice some of their own lives. They decided not to use one bit of testimony they had for the State. Simply let the whole thing go by default and bide their time.

So the trial came off—or rather, the hearing. Bill Oden, the first witness after young Powell had given his forced-by-threat testimony, stated to the jury that it was very unfortunate that he had killed the young man; that he only intended to disable him so that he could do no harm; had struck with the handspike a harder lick than he had intended.

Tom Oden said that Parker had murder in him when he came to the cabin; that he tried to reason with him, to no purpose; that had his brother not struck him with the spike before he shot the second time,—he claimed Parker had shot at his brother once; but Powell afterward stated that was false; that he, Parker, might have killed all of them. And all this time not a protest; while on the other hand, the Odens had made out a clean case of self-defense. The jury brought in, from under the boughs of an oak tree out in the wood, a verdict, "Guilty of an excusable homicide." Thus closed one of the greatest farces of a trial, in jurisprudence.

A few days after the Odens returned home they were literally bullet-riddled by a determined party of men, some thirty in number, starting from Chetopa and augmenting until Gokey's trading-post was reached.

Unintentionally, in the killing of the Odens, young Powell was shot through the bowels. He then swam the Verdigris river and escaped them, as he thought, at the time. He did not know that they held him blameless for his part in the Oden affair; but the mob, if such it could be called, had heard from his mother his own story to her of the killing of Parker, which was cold-blooded and cruel; also, the threat that if he did not tell the story of the killing as they told him to, they would kill him too. They told him that his mother was a poor woman who could not well spare him. Young Powell was possessed of very ordinary intellect, neither self-assertive nor self-reliant, and just such a subject as Tom Oden's magnetism could control.

Some of the party that came out from Chetopa, not knowing the Odens or Powell personally, fired on Powell as he started to run, when they came up to where he and Bill Oden happened to be as they were together at the time. But as soon as the mistake was noticed he was allowed to get away and the same party rendered him valuable assistance afterward.

I met young Powell in Chetopa, early in 1870. He told me that, as they were walking over the prairie toward home the next day after the trial, Tom Oden told him he had tried to drown Phelps the night he tilted the boat, but as Phelps had not come forward and testified against him it was just as well that he was not in the Verdigris river for fish-bait.

The following year, Montgomery county was organized, and her legal machinery was set and ready to grind.

That summer, a man by the name of Sam Heaton dropped into our neighborhood; went just over the line and took up a claim that the present site of Cherryvale is on. Leaving his wife, household goods and some lumber on the claim, Heaton, with four yoke of oxen and a large wagon, started to a saw-mill near Humboldt, about four days' journey, for more lumber. During his absence the covetous eye of a man named Soaper fell on the claim, and he ordered Mrs. Heaton to move off the land, stating to her that he was the first settler on it, and that his building material was on the ground near the southwest corner. Mrs. H. did not move.

The next day Soaper and a party of several men came and moved everything they had there at the time, except the tent she was in and what it contained, including herself, just over the line onto the next claim north. Mrs. Heaton stood in the door of her tent with a Smith & Wesson revolver in her hand, and refused to budge.

The men rode away, telling her they would be back in the morning and move her.

She mounted her pony that night and rode to Carpenter's, and stated her case. Carpenter came to where I was at work, on my own place, the next morning, and informed me what had happened. We soon gathered ten settlers together, mounted and galloped across that six miles of virgin prairie, laughing and joking like a lot of school-boys out for a lark, Mrs. Heaton riding along with us in the lead, her Smith & Wesson hanging to its belt around her waist.

In point of real value, for permanent home-making, we, perhaps, had crossed a dozen as good or better claims that could be had for the taking; for they were unoccupied portions of the public domain. But Heaton had selected the particular claim in question and "squatters' rights" was the slogan of the times. The moral law of every frontier settlement is held inviolate and will brook no interference. Besides, custom made propriety. And it was customary for a would-be settler to take any unoccupied piece of the public domain, to the extent of one hundred and sixty acres, that he wanted. Heaton had taken his claim in due form; for the day he located it I was with him. His headquarters were at my house, where he and his wife were camped while he was looking the country over for a home.

Heaton and myself were at every corner of the 160 that day. We were both riding horses fully sixteen hands high. The grass was not over eighteen inches high; the ground was fairly level; the tract was not cut up with ravines or draws. We both had excellent eyesight; there was not at that time a wagon-trail on it. Soaper nor anyone else had a vestige of lumber on the place the day he said he had. He simply lied, as his own conscience compelled him to afterward admit, after he had been the means of bringing two communities to the verge of a feud with bloodshed.

We all galloped to the tent, dismounted, and carried all the things back onto the claim and piled them up neatly by the tent. Then three of the men fell to and helped Mrs. Heaton get a mid-forenoon meal, while the rest of us rode diagonally across the claim to where Soaper had his lumber. We found thirty-two boards, one inch thick, one foot wide and twelve feet long, of native lumber, from a saw-mill over on the Neosho river, twenty-eight miles away. We wrote out a trespass notice, fastened it to a board, and returned to the tent, where shortly an early dinner was announced.

On our way down, in crossing a prong of Cherry creek, a two-year-old spike buck white-tail deer jumped up, not more than thirty steps in front of us. John Oliphant whipped out one of his six-shooters and placed a ball in the back of its head where the neck joined on. It was quick action. He claimed he shot more at random than with deliberation. But it got the deer. We drew the carcass and Milt Adamson carried the deer in front of him to the tent.

While we were eating and had nearly finished our meal of fried venison, corn-bread, boiled potatoes and browned gravy, Mrs. Heaton announced that "horsemen were approaching from the south." We all arose from the improvised table, stirred around, gathered up our horses that were grazing around the tent, and awaited developments. There were four of them. They rode quite up to us, when Soaper said:

"How do you do, men?"

"Fine, fi-fi-fine," said Ike Vancel, who had a slight impediment in his speech. "We j-j-jist had a belly-full of d-d-deer meat."

This seemed to put both parties, for the time, in a good humor. Vancel was an acknowledged wit, was a polite and courteous gentleman, a man of sound judgment, and one who liked to see fair play.

Soaper was the next to speak:

"I seen you men here, and thought, me and these friends of mine, that we would come over and tell you that I took this claim, and hauled lumber onto it four days before this other party did."

Carpenter said:

"I don't know anything about that part of it, but we, that are here, all do know that it was a dirty, cowardly deed for you and your gang to come here and hector and threaten just one lone woman that only weighs eighty-nine pounds. You fellows make yourselves scarce, and if this woman is molested again during her husband's absence there will not be enough left of you, Soaper, to make soap-grease."

They rode away, Soaper saying: "We'll settle this in the courts." Two weeks later we were all arrested at our homes, charged with "committing a breach against the peace and dignity of Montgomery county, Kansas." We were all rounded up at Justice Carpenter's house, having been served with warrants, one at a time, by one lone half-Swede Constable. Any one of us could have resisted him with impunity, so far as he was concerned. But the "process" was enough. We were law-abiding citizens.

Just as the last prisoner had arrived at Carpenter's, a lone horseman was seen approaching from the northeast. Our course to where we were going lay to the southwest. We waited for this horseman to come up to where we were, regardless of the protests of the constable, who insisted that "our trial was set for three o'clock that afternoon; that it was about ten miles to where we were to go, and we had no time to lose."

When the rider came up he proved to be a lawyer and a recent arrival from the east, hunting for a place to hang out a shingle. We had a short talk with him, and informed him of the cause of the gathering, whereupon he said:

"Go ahead, boys. I'll follow up and rob the dead."

This man was Bishop W. Perkins, afterward a member of Congress.

When we arrived at the place of trial, we found there a man by the name of Hartshorn, a lawyer, recently from Woodson county, who was to be the prosecuting attorney in the case. We were all a happy-go-lucky lot of prisoners; and when Hartshorn arose with a serious look on his countenance, read the complaint, and had expatiated on the gravity of the offense, we all arose and gave him three cheers.

"Bully for Hartshorn," said Ike Vancel.

The ridiculousness of the whole thing had appealed to the funny side of our natures. We called him "Old Essence of Ammonia," and yelled to him to "Give us another smell."

On the way down to the place, Perkins had volunteered to defend us. He now pitched in and handled a vocabulary of words that took us all by surprise. He juggled words and phrases in such rapid succession that he completely spellbound his hearers. He wound up by painting a word picture of frail little Mrs. Heaton, alone on a desolate prairie, about to be devoured by human wolves. When he closed, Vancel said: "I m-m-move that we adjourn," which we did, by getting on our horses and riding home.

Thus ended the second "legal farce" I had seen during the early settlement of southeastern Kansas.


I was in Denison, Texas, when the news of the Bender murders was heralded throughout the land, and that one of my old neighbors was in jail at Oswego, under suspicion of being implicated in those crimes. He was the only man in the neighborhood with whom I had had any personal trouble, and that was caused by his hogs and my fence,—his hogs not being allowed to run at large by law, and my fence not being hog-tight. And over that difficulty we had drifted apart, and seemed to cultivate a dislike for each other.

He was a Methodist preacher, of the old Peter Cartwright school; but had an inordinate love for liquor, and, periodically, he would get "as full as a goose," and about as silly. When sobering up he would be struck with the remorse of a guilty conscience, for the sin he had committed and the example he had set before the people. He was judged by his neighbors while in these melancholy moods, as being insincere, hypocritical and mysteriously secretive. Not all of us, for there were those of us who believed the old gentleman was conscientious in his religious preachings and teachings.

When I read the news of his arrest, I hastened to his relief, firmly believing in his innocence. And here the Golden Rule impressed itself upon my mind more than it ever did before. I believed that Parson King was as innocent of the crime as myself; but before I reached Oswego he had been vindicated and released from custody.

I went up into my old neighborhood where I had been one of the first settlers and had helped to build the first hewed log house that was built on the prairies of Labette county. A blight had been cast on the entire community. Not two miles from where I helped to build the house mentioned above, I gazed on the open graves of the Bender's victims. Personally, I think I was better known, and knew that people better in the first settlement of western Labette, eastern Montgomery, and southern Woodson, than any other man.

While John Harness, of Ladore, was suspected of being an accomplice of the crime, he undoubtedly was as innocent as his accusers were. 'Twas the same with Brockman, whom the Independence party hung to a tree on Drum creek until life was almost extinct; although Brockman was a cruel and inhuman man to his own family.

No, the Benders had no accomplices. But neighbor had distrusted neighbor, and some were standing aloof from others.

I sold farm machinery in that locality the summer of the spring that the Benders disappeared and the bodies of their victims were found. I was traveling for B. A. Aldrich, a hardware man of Parsons, Kan. I was from house to house, and became familiar with all the neighborhood stories, versions, and suspicions about the Bender murders.

What became of the Benders? Read on in this book under the caption of the "Staked Plains Horror" during the summer of 1877. Listen to the story as told to me, as the narrator and I were lying on our blankets, with our saddles for pillows, the night of the 20th of July, on the border of western Texas and eastern New Mexico. Then let the readers judge for themselves what became of the Benders. Yes, let them decide for themselves as to the truth or falsity of the story. I believed the story then, I believe it now.


CHAPTER III.

A Trip to New Mexico.—Prospecting Around the Base of Mount Baldy.—Experience with a Cinnamon Bear.—Wail of the Mountain Lion.—Tattooed Natives, bound for the Texas Panhandle.—Lanced a Buffalo.—Loaned My Gun and Suffered.

Early in the spring of 1874 I started for Santa Fé, New Mexico, stopping off at Granada, Colorado, for a short time. Granada was at that time the end of the Atchison, Topeka & Santa Fe Railroad. From Granada I went to Las Animas, and traveled over the Dry Cimarron route, through Rule cañon, on over the Raton mountains, through Dick Hooten pass, and on into Las Vegas, New Mexico, where I arrived in May. There I fell in company with the Eighth United States regulars, whose commanding officer was Major Alexander, and who gave me permission to travel with his command to Santa Fé. At Santa Fé I met a Dr. Strand, one of the notorious Star Route mail contractors at the time. We two, with an assayer, H. C. Justice, formed a company to prospect for gold in the Saint Mary's range, near the head-waters of the Picorice, Lumbay, and Bean creeks, all tributaries of the Rio Grande river.

Leaving Santa Fé, we packed up under the base of Baldy mountain, and struck camp near timber line, at the head of the North Picorice. Here we stayed several days, and prospected out different ways from camp.

It was now past midsummer. The mountains were grand! The scenery sublime and awe-inspiring! From our camp, at this place, we had only to climb a short distance to where we could look west and northwest across the Rio Grande and behold the San Juan range. Nearly due north of us were the towering Spanish Peaks; and on still further the Greenhorn mountains; and east of us the Pecos river. Still on south, down, over and beyond Santa Fé, the Placer Mountains loomed up as out of a desert. The whole formed a grand and imposing scene. Once this panoramic view is seen, it is never to be forgotten.

We were in a broken, distorted and chopped-up country. I was reminded of the story I had heard of the atheist and some cowboys, which I will here relate. A herd of cattle had been contracted for to be delivered at Taos, New Mexico. They were being driven up the Arkansas river from near where the Great Bend is. The atheist fell in with the outfit near old Fort Dodge. He was an excellent and interesting conversationalist, and after each day's drive, in the evenings around the camp-fire, the boys would get him started; he was always wound up. They gave him respectful hearings, which were always entertaining and interesting to them. He got to injecting his favorite doctrine from time to time in his talks; and finally, as they were approaching the mountains, he gave them a fine discourse upon "The beauties of nature," telling his hearers that "this was a world of chance; that it was an absurd idea that it had been made by Divine hands, as there was no such thing as a Supreme Being," etc.

When they got well up into the mountains they came one day to a place where Nature had seemed to do her best, by way of cañons, storm-scarred peaks, broken and castellated buttes, wild and yawning gorges or chasms; and as they were gazing, far and near, on the grand sublimity of the scene, the atheist remarked: "O, what magnificence! How beautiful! How remarkable! How unsurpassingly grand and awe-inspiring!" One of the cowboys drawled out—"Yes sir-ee. You've been preachin' no God to us fellers; but I'm right here to tell you that if there ain't any God now there has been one, sometime."

Near this camp there was a place where we could gather mountain dewberries and huckleberries at the same time. Not more than fifty feet away we could make snowballs and shy at the saucy magpies. We had grass in abundance for our saddle-horses and pack-burros. Our camp was at the margin of a clear, beautiful rivulet bordered with water-cress and fringed with quaking-asp. At night we tied our riding-horses to trees, and turned them loose in the daytime. Mr. Justice's mountain-climber was a free lance, the doctor's was hobbled, and mine had a bell on.

In the daytime the burros would graze off a hundred yards or more, but as twilight came on they would edge in toward camp. And all night long they would stay close to the camp-fire. This was instinct. They seemed to act on the principle that caution was the parent of safety. The loud, piercing, scream of the mountain lion had terrified their ancestry since Cortez had made the conquest of Mexico.

The second night we were at this camp we were awakened by the cries of one of these creatures, which appeared not more than 300 yards south of us. Just north of us was a sheer, almost perpendicular battlement of decomposed quartz rising some ten or twelve hundred feet higher than where we were. This weird, almost human cry would echo back to us. It was not a roar, but more like a cry of distress, which the brute kept up at intervals for nearly half an hour, without seeming to change position. At the first outcry we all got up. I "chunked up" our camp-fire, replenished it with dry fuel, and soon we had a big blaze. As the flames leaped up and the flitting shadows appeared among the scattering spruce and aspen along the little prong of the Picorice, together with the sound of the water-fall just above us, the neighing of my own horse, the closely huddled burros at the fireside, the long-drawn-out wail of the lion, the superstitious Mexican cook, crossing himself and muttering something about the Virgin Mary, made a show worth going a long ways to see and hear.

At this camp our daily routine was about as follows: Breakfast about 7 A. M. Old Mr. Justice, the mineralogist, would take his gun and fishing-tackle and start down the cañon to where two other little brooks came into the one on which we were camped. He, generally, was not absent more than two or three hours, when he would come back with a fine string of mountain trout. The Doctor and myself would leave camp just after breakfast, each carrying a stout tarpaulin pouch about the size of an army haversack hung over our shoulders regulation style. We carried a stone-hammer, a small pick, a hatchet, our guns, and lunch. We would take a certain direction for the hunting of specimens. Neither of us knew anything about mining or minerals. When we found anything that we thought might contain precious metals, we would take a chunk of it, number it, pasting a piece of paper on it, marking the spot where we found it with a corresponding number.

But it is safe to say that after one of these day cruises, we could not go back and find half the places where we had picked up specimens, especially when we were above timber-line around Old Baldy; for here we would zigzag around minor buttes, cross over gorges, up slopes, and down steep inclines, ever keeping in our mind the way back to camp, and a weather eye out for old Ephraim, or a cinnamon bear, whose territory we were then in. When the afternoon was pretty well gone we would head for camp, and never failed but once to strike it all right.

Arriving at camp, the assayer would mortar and pan out our specimens. The Mexican would soon have our hot coffee, frying-pan bread, some canned fruit, and our daily ration of trout, ready. Then supper was eaten. Mr. Justice would then handle the specimens in mining parlance. He would talk: "Pyrites of iron, porphyry, cinnabar, decomposed quartz, base metal, the mother lode, dips, spurs cross," and the Lord only knows what else,—which to me, a man with scarcely any education at all, was hopeless confusion; for, gold or no gold was the knowledge I was seeking. Then the Doctor would give an account of the day's events, a description of the route we had taken, and wind up with the opinion that "we were in a very rich mineral region." The horses brought in and tied, we would sit around the camp-fire and talk for awhile, then to bed.

Not a mosquito; no fleas; no flies; and such grand nights for sound sleep, under a pair of double blankets, with spruce boughs for a mattress to lie on.

We stayed at this particular place eight days, then broke camp and went to the head-waters of the Lumbay, about three miles away. Here we camped in the edge of a glade, where two branches of the stream proper converged. We were at this camp four days, and while here I shot my first bear, but did not kill him. He was on the opposite side of a cañon from me, and some forty yards away. I was on the brink of the cañon, which would be called a close cañon. It was about sixty feet across, with perpendicular walls, and was fully eighty feet deep at this place. The bear was in an opening of timber, and the ground was covered with a dense growth of mountain dewberries, which were then in their prime. The bear was about twenty yards from the opposite brink from which I was on. He was nearly upright; using his front paws, drawing the tops of the bushes to his mouth, stripping off the berries, leaves, and twigs, eating all ravenously as though he were hungry. His body was slightly quartering to me. He was wholly unconscious of my near presence. I had a 44 center-fire Winchester, the first magazine gun I had owned. I had practiced with it until it had gained my confidence completely as the gun. I raised the Winchester, took deliberate aim, thinking to give him a heart shot. At the crack of the gun he threw his right arm across his breast, under his left arm, and seemed to slap his left side, leaped forward, and as I gave him the next shot, he rose straight up, standing on his hind feet, and seemed to be looking straight at me. From that on I worked the breech-block as fast as I could until the magazine was empty.

By this time the bear was not more than ten or twelve feet from the brink of the cañon. I started up the stream on a run, and as I ran I was taking cartridges out of my belt and reloading the magazine. Our camp was less than a quarter of a mile above, and on the same side the bear was on, and the head of the cañon proper was just a little way below the camp. My rapid firing had attracted the attention of my companions in camp, and they were hurrying down the cañon on the opposite side. When we got opposite each other, I said, "Wait; don't go down there or you will get into a fight with a wounded cinnamon." They all turned and came back, and as we met at the head of the cañon, I explained how the situation was when I left.

Mr. Justice said:

"All right. Now let's all get in line and keep abreast and go, step by step, as easy as we can, and look carefully, and if we should meet or find him, we ought surely to be able to down him before he can injure any of us."

I was placed on the side next to the cañon, the same being on my right, Mr. Justice on my left about twenty feet from me, the Mexican next, and Doctor Strand on the extreme left. By this time I had got myself pulled together. That I had "buck ager" and "bear fright" together, goes without saying; for had I taken the second thought I should have known that it was physically impossible for a bear to have crossed that cañon, at or near there, and that I could have stood where I fired my first shot and shot the other thirty-two cartridges at him, if he had stayed in sight, with all impunity. My first shot was a cool, deliberate, dead aim, and I shall always believe that a small berry twig had deflected the bullet.

We started our line of march and search, and had proceeded cautiously about two hundred yards, when Mr. J. stopped and said, "Wope!" His quick eye had noticed some bushes shaking straight ahead of him. "Boys," he said, "we are close onto him; be very careful and make no bad shot; they are desperate creatures when wounded; Doctor, you and the Mexican [whose name was Manuel] stay here and Cook and I will go a little further."

We went about thirty-five yards and came to a large log or fallen tree. Mr. Justice and I were then not above two paces apart. He whispered to me saying, "I'll cautiously get up on this trunk, where I can get a good view." As he straightened himself up, he looked in the direction that he had seen the bushes moving. He raised his rifle, took a deliberate aim and fired. He had killed "my bear," the ball entering the butt of the left ear and going into the brain. Upon examining the carcass it was found that I had made seven hits, but only one that would have proved fatal.

From this camp we moved on down the Lumbay to the mouth of the cañon, some seven or eight miles. We cut our own trail as we went. I generally went ahead on foot and with a squaw-ax lopped off such limbs as would strike our packs. It was a slow, tedious transit. We had to pass through a timber-fall for nearly two miles, where there had been a tornado and the trees had uprooted, and in many places piled one on top of another, crossed and interlocked in such a formidable barricade that we could not pass through; in which case we would zigzag back and work our way around. We met several such obstacles that day, and went only five miles from early morning till late in the evening. We camped on a mountain spur, tired out, arriving at the mouth of the cañon the next day.

About noon we met a party of Greasers, fifteen in number, who lived down in the valley of the Lumbay. Manuel's father was a member of the party. They had not seen each other for more than a year. When they met they hugged and kissed each other, a custom among the peon classes. We learned that a mountain lion had been killing their sheep, and they had gathered together to hunt it to its death, but so far had failed to stalk him, and were going back home.

From this camp, down the cañon, it was fifteen miles to the Mexican town of Lumbay, and a clear open trail all the way except now and then a tree that had fallen across it.

At this camp I saw the evidence of preceding generations of more than 200 years before. It was in the form of an acequia or irrigation ditch, and this ditch, to reach and water the fertile valley of the Lumbay, had followed from just a few rods above the head of the cañon, a sinuous, tortuous course, around the heads of gorges and fairly clinging to the face of perpendicular walls a distance of forty-five miles. This statement about the length of the ditch I want my readers to take as hearsay. But I personally saw enough of it to be convinced that it was a wonderful piece of engineering skill.

We prospected here three days, then broke camp for the valley proper, where we camped near a Catholic church. Here we saw a type of humanity that for downright superstition beats anything I ever heard of. During the season, if a cloud would appear and lightning and thunder accompanied it, they would hang an image of Christ in an exposed place, to appease the wrath of the storm king, hoping to avert a hail-storm. When there was an excessive drought they would fire off old muskets, beat drums and blow horns to bring rain. I saw this same thing done at Las Vegas. Many of the women were tattooed on face, neck, breast and arms, for indiscretions. In the rear of this church were two large piles of crosses. The timbers in them nearly as large as a railroad tie. When doing penance these superstitious beings of the peon class were compelled by their priests to shoulder these crosses and march around the church for a given length of time, according to the gravity of the sin committed. Another mode of punishment was for the penitent to walk bare-kneed on beans strewn on hard ground.

At this place was a water grist-mill of the most primitive kind. Also, was to be seen here the forked wood plow. The mode of grain-threshing was to place the bundles of grain on the ground in a circle and chase a band of goats around over the grain in a circle, until their feet had hulled the grain from the straw. While at this camp we feasted on roasting-ears, melons, string beans, cabbage, onions, and potatoes.

While here we all suddenly recovered from the "gold fever." The Apache Indians had gone on the war-path, and were terrorizing the people south of Santa Fé. We moved down to Santa Fé, sold our burros, and dissolved partnership. I then left Santa Fé, and went to Casa La Glorieta, and early in October I left Casa La Glorieta for the Panhandle of Texas.

In those days it was the custom of the Mexicans to go each fall to border New Mexico and Texas on "meat hunts." They would organize parties consisting of from fifteen to twenty-five men, never taking any women along, and they would take from four to ten wagons with from two to four yoke of oxen to the wagon. There would be from ten to fifteen lance horses, and each lancer would be armed with a lance-blade about fourteen inches long, fastened by sinews to a staff seven to eight feet long.

There was generally some elderly man in charge of each outfit. They were usually gone from six weeks to three months on these hunting trips, and would return with great loads of jerked dried buffalo meat, which found a ready sale.

While at La Glorieta, New Mexico, I became acquainted with Antonio Romero, whose family was among the higher class of Mexicans. He had had some dealing with my uncle, General Robert Mitchell, who had been Territorial Governor of New Mexico. Upon finding out that I was a relative of the general's, Romero invited me to partake of the hospitality of his home. His English was meager, but we could understand each other by engaging in a tedious conversation. He, upon learning that I wished to get to Fort Elliott, in the Panhandle of Texas, informed me that he and his son, two sons-in-law, and some neighbors, were going on a meat hunt and would be glad to have me accompany them; that we would go as far east as the "Adobe Walls," in the Panhandle of Texas, and that it was not far from there to Fort Elliott.

We left Romero's ranch on the 10th of October, 1874. We followed the old Santa Fé Trail to Bernal Springs, and from there followed a trail slightly southeastward, and came to the South Canadian river at old Fort Bascom, which had recently been abandoned as a military garrison, and was then being used as the headquarters for a large cattle ranch. Here we overtook another meat-hunting party from Galisteo, about eight miles below Bascom. Four lancers rode out from the Galisteo outfit and lanced two range steers. Others of their party went to the place of killing and got the meat.