The Story of the Outlaw Part 1

The Story of the Outlaw.

by Emerson Hough.

PREFACE

In offering this study of the American desperado, the author const.i.tutes himself no apologist for the acts of any desperado; yet neither does he feel that apology is needed for the theme itself. The outlaw, the desperado--that somewhat distinct and easily recognizable figure generally known in the West as the "bad man"--is a character unique in our national history, and one whose like scarcely has been produced in any land other than this. It is not necessary to promote absurd and melodramatic impressions regarding a type properly to be called historic, and properly to be handled as such. The truth itself is thrilling enough, and difficult as that frequently has been of discovery, it is the truth which has been sought herein.

A thesis on the text of disregard for law might well be put to better use than to serve merely as exciting reading, fit to pa.s.s away an idle hour. It might, and indeed it may--if the reader so shall choose--offer a foundation for wider arguments than those suggested in these pages, which deal rather with premises than conclusions. The lesson of our dealings with our bad men of the past can teach us, if we like, the best method of dealing with our bad men to-day.

There are other lessons which we might take from an acquaintance with frontier methods of enforcing respect for the law; and the first of these is a practical method of handling criminals in the initial executive acts of the law. Never were American laws so strong as to-day, and never were our executive officers so weak. Our cities frequently are ridden with criminals or rioters. We set hundreds of policemen to restore order, but order is not restored. What is the average policeman as a criminal-taker? Cloddy and coa.r.s.e of fiber, rarely with personal heredity of mental or bodily vigor, with no training at arms, with no sharp, incisive quality of nerve action, fat, unwieldy, unable to run a hundred yards and keep his breath, not skilled enough to kill his man even when he has him cornered, he is the archetype of all unseemliness as the agent of a law which to-day needs a sterner upholding than ever was the case in all our national life. We use this sort of tools in handling criminals, when each of us knows, or ought to know, that the city which would select twenty Western peace officers of the old type and set them to work without restrictions as to the size of their imminent graveyards, would free itself of criminals in three months'

time, and would remain free so long as its methods remained in force.

As for the subject-matter of the following work, it may be stated that, while attention has been paid to the great and well-known instances and epochs of outlawry, many of the facts given have not previously found their way into print. The story of the Lincoln County War of the Southwest is given truthfully for the first time, and after full acquaintance with sources of information now inaccessible or pa.s.sing away. The Stevens County War of Kansas, which took place, as it were, but yesterday and directly at our doors, has had no history but a garbled one; and as much might be said of many border encounters whose chief use heretofore has been to curdle the blood in penny-dreadfuls.

Accuracy has been sought among the confusing statements purporting to const.i.tute the record in such historic movements as those of the "vigilantes" of California and Montana mining days, and of the later cattle days when "wars" were common between thieves and outlaws, and the representatives of law and order,--themselves not always duly authenticated officers of the law.

No one man can have lived through the entire time of the American frontier; and any work of this kind must be in part a matter of compilation in so far as it refers to matters of the past. In all cases where practicable, however, the author has made up the records from stories of actual partic.i.p.ants, survivors and eye-witnesses; and he is able in some measure to write of things and men personally known during twenty-five years of Western life. Captain Patrick F. Garrett, of New Mexico, central figure of the border fighting in that district in the early railroad days, has been of much service in extending the author's information on that region and time. Mr. Herbert M. Tonney, now of Illinois, tells his own story as a survivor of the typical county-seat war of Kansas, in which he was shot and left for dead. Many other men have offered valuable narratives.

In dealing with any subject of early American history, there is no authority more incontestable than Mr. Alexander Hynds, of Dandridge, Tennessee, whose acquaintance with singular and forgotten bits of early frontier history borders upon the unique in its way. Neither does better authority exist than Hon. N. P. Langford, of Minnesota, upon all matters having to do with life in the Rocky Mountain region in the decade of 1860-1870. He was an argonaut of the Rockies and a citizen of Montana and of other Western territories before the coming of the days of law.

Free quotations are made from his graphic work, "Vigilante Days and Ways," which is both interesting of itself and valuable as a historical record.

The stories of modern train-robbing bandits and outlaw gangs are taken partly from personal narratives, partly from judicial records, and partly from works frequently more sensational than accurate, and requiring much sifting and verifying in detail. Naturally, very many volumes of Western history and adventure have been consulted. Much of this labor has been one of love for the days and places concerned, which exist no longer as they once did. The total result, it is hoped, will aid in telling at least a portion of the story of the vivid and significant life of the West, and of that frontier whose van, if ever marked by human lawlessness, has, none the less, ever been led by the banner of human liberty. May that banner still wave to-day, and though blood be again the price, may it never permanently be replaced by that of license and injustice in our America.

Chapter I

The Desperado--_a.n.a.lysis of His Make-up_--_How the Desperado Got to Be Bad and Why_--_Some Men Naturally Skillful with Weapons_--_Typical Desperadoes_.

Energy and action may be of two sorts, good or bad; this being as well as we can phrase it in human affairs. The live wires that net our streets are more dangerous than all the bad men the country ever knew, but we call electricity on the whole good in its action. We lay it under law, but sometimes it breaks out and has its own way. These outbreaks will occur until the end of time, in live wires and vital men. Each land in the world produces its own men individually bad--and, in time, other bad men who kill them for the general good.

There are bad Chinamen, bad Filipinos, bad Mexicans, and Indians, and negroes, and bad white men. The white bad man is the worst bad man of the world, and the prize-taking bad man of the lot is the Western white bad man. Turn the white man loose in a land free of restraint--such as was always that Golden Fleece land, vague, s.h.i.+fting and transitory, known as the American West--and he simply reverts to the ways of Teutonic and Gothic forests. The civilized empire of the West has grown in spite of this, because of that other strange germ, the love of law, anciently implanted in the soul of the Anglo-Saxon. That there was little difference between the bad man and the good man who went out after him was frequently demonstrated in the early roaring days of the West. The religion of progress and civilization meant very little to the Western town marshal, who sometimes, or often, was a peace officer chiefly because he was a good fighting man.

We band together and "elect" political representatives who do not represent us at all. We "elect" executive officers who execute nothing but their own wishes. We pay innumerable policemen to take from our shoulders the burden of self-protection; and the policemen do not do this thing. Back of all the law is the undelegated personal right, that vague thing which, none the less, is recognized in all the laws and charters of the world; as England and France of old, and Russia to-day, may show. This undelegated personal right is in each of us, or ought to be. If there is in you no hot blood to break into flame and set you arbiter for yourself in some sharp, crucial moment, then G.o.d pity you, for no woman ever loved you if she could find anything else to love, and you are fit neither as man nor citizen.

As the individual retains an undelegated right, so does the body social.

We employ politicians, but at heart most of us despise politicians and love fighting men. Society and law are not absolutely wise nor absolutely right, but only as a compromise relatively wise and right.

The bad man, so called, may have been in large part relatively bad. This much we may say scientifically, and without the slightest cheapness. It does not mean that we shall waste any maudlin sentiment over a desperado; and certainly it does not mean that we shall have anything but contempt for the pretender at desperadoism.

Who and what was the bad man? Scientifically and historically he was even as you and I. Whence did he come? From any and all places. What did he look like? He came in all sorts and shapes, all colors and sizes--just as cowards do. As to knowing him, the only way was by trying him. His reputation, true or false, just or unjust, became, of course, the herald of the bad man in due time. The "killer" of a Western town might be known throughout the state or in several states. His reputation might long outlast that of able statesmen and public benefactors.

What distinguished the bad man in peculiarity from his fellowman? Why was he better with weapons? What is courage, in the last a.n.a.lysis? We ought to be able to answer these questions in a purely scientific way.

We have machines for photographing relative quickness of thought and muscular action. We are able to record the varying speeds of impulse transmission in the nerves of different individuals. If you were picking out a bad man, would you select one who, on the machine, showed a dilatory nerve response? Hardly. The relative fitness for a man to be "bad," to become extraordinarily quick and skillful with weapons, could, without doubt, be predetermined largely by these scientific measurements. Of course, having no thought-machines in the early West, they got at the matter by experimenting, and so, very often, by a graveyard route. You could not always stop to feel the pulse of a suspected killer.

The use of firearms with swiftness and accuracy was necessary in the calling of the desperado, after fate had marked him and set him apart for the inevitable, though possibly long-deferred, end. This skill with weapons was a natural gift in the case of nearly every man who attained great reputation whether as killer of victims or as killer of killers.

Practice a.s.sisted in proficiency, but a Wild Bill or a Slade or a Billy the Kid was born and not made.

Quickness in nerve action is usually backed with good digestion, and hard life in the open is good medicine for the latter. This, however, does not wholly cover the case. A slow man also might be a brave man.

Sooner or later, if he went into the desperado business on either side of the game, he would fall before the man who was brave as himself and a fraction faster with the gun.

There were unknown numbers of potential bad men who died mute and inglorious after a life spent at a desk or a plow. They might have been bad if matters had shaped right for that. Each war brings out its own heroes from unsuspected places; each sudden emergency summons its own fit man. Say that a man took to the use of weapons, and found himself arbiter of life and death with lesser animals, and able to grant them either at a distance. He went on, pleased with his growing skill with firearms. He discovered that as the sword had in one age of the world lengthened the human arm, so did the six-shooter--that epochal instrument, invented at precisely that time of the American life when the human arm needed lengthening--extend and strengthen his arm, and make him and all men equal. The user of weapons felt his powers increased. So now, in time, there came to him a moment of danger. There was his enemy. There was the affront, the challenge. Perhaps it was male against male, a matter of s.e.x, prolific always in bloodshed. It might be a matter of property, or perhaps it was some taunt as to his own personal courage. Perhaps alcohol came into the question, as was often the case. For one reason or the other, it came to the ordeal of combat.

It was the undelegated right of one individual against that of another.

The law was not invoked--the law would not serve. Even as the quicker set of nerves flashed into action, the arm shot forward, and there smote the point of flame as did once the point of steel. The victim fell, his own weapon clutched in his hand, a fraction too late. The law cleared the killer. It was "self-defense." "It was an even break," his fellowmen said; although thereafter they were more reticent with him and sought him out less frequently.

"It was an even break," said the killer to himself--"an even break, him or me." But, perhaps, the repet.i.tion of this did not serve to blot out a certain mental picture. I have had a bad man tell me that he killed his second man to get rid of the mental image of his first victim.

But this exigency might arise again; indeed, most frequently did arise.

Again the embryo bad man was the quicker. His self-approbation now, perhaps, began to grow. This was the crucial time of his life. He might go on now and become a bad man, or he might cheapen and become an imitation desperado. In either event, his third man left him still more confident. His courage and his skill in weapons gave him a.s.suredness and ease at the time of an encounter. He was now becoming a specialist. Time did the rest, until at length they buried him.

The bad man of genuine sort rarely looked the part a.s.signed to him in the popular imagination. The long-haired bl.u.s.terer, adorned with a dialect that never was spoken, serves very well in fiction about the West, but that is not the real thing. The most dangerous man was apt to be quiet and smooth-spoken. When an antagonist bl.u.s.tered and threatened, the most dangerous man only felt rising in his own soul, keen and stern, that strange exultation which often comes with combat for the man naturally brave. A Western officer of established reputation once said to me, while speaking of a recent personal difficulty into which he had been forced: "I hadn't been in anything of that sort for years, and I wished I was out of it. Then I said to myself, 'Is it true that you are getting old--have you lost your nerve?' Then all at once the old feeling came over me, and I was just like I used to be. I felt calm and happy, and I laughed after that. I jerked my gun and shoved it into his stomach. He put up his hands and apologized. 'I will give you a hundred dollars now,' he said, 'if you will tell me where you got that gun.' I suppose I was a trifle quick for him."

The virtue of the "drop" was eminently respected among bad men.

Sometimes, however, men were killed in the last desperate conviction that no man on earth was as quick as they. What came near being an incident of that kind was related by a noted Western sheriff.

"Down on the edge of the Pecos valley," said he, "a dozen miles below old Fort Sumner, there used to be a little saloon, and I once captured a man there. He came in from somewhere east of our territory, and was wanted for murder. The reward offered for him was twelve hundred dollars. Since he was a stranger, none of us knew him, but the sheriff's descriptions sent in said he had a freckled face, small hands, and a red spot in one eye. I heard that there was a new saloon-keeper in there, and thought he might be the man, so I took a deputy and went down one day to see about it.

"I told my deputy not to shoot until he saw me go after my gun. I didn't want to hold the man up unless he was the right one, and I wanted to be sure about that identification mark in the eye. Now, when a bartender is waiting on you, he will never look you in the face until just as you raise your gla.s.s to drink. I told my deputy that we would order a couple of drinks, and so get a chance to look this fellow in the eye. When he looked up, I did look him in the eye, and there was the red spot!

"I dropped my gla.s.s and jerked my gun and covered him, but he just wouldn't put up his hands for a while. I didn't want to kill him, but I thought I surely would have to. He kept both of his hands resting on the bar, and I knew he had a gun within three feet of him somewhere. At last slowly he gave in. I treated him well, as I always did a prisoner, told him we would square it if we had made any mistake. We put irons on him and started for Las Vegas with him in a wagon. The next morning, out on the trail, he confessed everything to me. We turned him over, and later he was tried and hung. I always considered him to be a pretty bad man.

So far as the result was concerned, he might about as well have gone after his gun. I certainly thought that was what he was going to do. He had sand. I could just see him stand there and balance the chances in his mind.

"Another of the nerviest men I ever ran up against," the same officer went on, reflectively, "I met when I was sheriff of Dona Ana county, New Mexico. I was in Las Cruces, when there came in a sheriff from over in the Indian Nations looking for a fugitive who had broken out of a penitentiary after killing a guard and another man or so. This sheriff told me that the criminal in question was the most desperate man he had ever known, and that no matter how we came on him, he would put up a fight and we would have to kill him before we could take him. We located our man, who was cooking on a ranch six or eight miles out of town. I told the sheriff to stay in town, because the man would know him and would not know us. I had a Mexican deputy along with me.

"I put out my deputy on one side of the house and went in. I found my man just wiping his hands on a towel after was.h.i.+ng his dishes. I threw down on him, and he answered by smas.h.i.+ng me in the face, and then jumping through the window like a squirrel. I caught at him and tore the s.h.i.+rt off his back, but I didn't stop him. Then I ran out of the door and caught him on the porch. I did not want to kill him, so I struck him over the head with the handcuffs I had ready for him. He dropped, but came up like a flash, and struck me so hard with his fist that I was badly jarred. We fought hammer and tongs for a while, but at length he broke away, sprang through the door, and ran down the hall. He was going to his room after his gun. At that moment my Mexican came in, and having no sentiment about it, just whaled away and shot him in the back, killing him on the spot. The doctors said when they examined this man's body that he was the most perfect physical specimen they had ever seen.

I can testify that he was a fighter. The sheriff offered me the reward, but I wouldn't take any of it. I told him that I would be over in his country some time, and that I was sure he would do as much for me if I needed his help. I hope that if I do have to go after his particular sort of bad people, I'll be lucky in getting the first start on my man.

That man was as desperate a fighter as I ever saw or expect to see. Give a man of that stripe any kind of a show and he's going to kill you, that's all. He knows that he has no chance under the law.

"Sometimes they got away with desperate chances, too, as many a peace officer has learned to his cost. The only way to go after such a man is to go prepared, and then to give him no earthly show to get the best of you. I don't mean that an officer ought to shoot down a man if he has a show to take his prisoner alive; but I do mean that he ought to remember that he may be pitted against a man who is just as brave as he is, and just as good with a gun, and who is fighting for his life."

[Ill.u.s.tration: THE SCENE OF MANY LITTLE WARS More men have been killed in this street than in any other in America]

Of course, such a man as this, whether confronted by an officer of the law or by another man against whom he has a personal grudge, or who has in any way challenged him to the ordeal of weapons, was steadfast in his own belief that he was as brave as any, and as quick with weapons. Thus, until at length he met his master in the law of human progress and civilization, he simply added to his own list of victims, or was added to the list of another of his own sort. For a very long time, moreover, there existed a great region on the frontier where the law could not protect. There was good reason, therefore, for a man's learning to depend upon his own courage and strength and skill. He had nothing else to protect him, whether he was good or bad. In the typical days of the Western bad man, life was the property of the individual, and not of society, and one man placed his life against another's as the only way of solving hard personal problems. Those days and those conditions brought out some of the boldest and most reckless men the earth ever saw. Before we freely criticize them, we ought fully to understand them.

Chapter II

The Imitation Desperado--_The Cheap "Long-Hair"_--_A Desperado in Appearance, a Coward at Heart_--_Some Desperadoes Who Did Not "Stand the Acid."_

The counterfeit bad man, in so far as he has a place in literature, was largely produced by Western consumptives for Eastern consumption.

Sometimes he was in person manufactured in the East and sent West. It is easy to see the philosophical difference between the actual bad man of the West and the imitation article. The bad man was an evolution; the imitation bad man was an instantaneous creation, a supply arising full panoplied to fill a popular demand. Silently there arose, partly in the West and partly in the East, men who gravely and calmly proceeded to look the part. After looking the part for a time, to their own satisfaction at least, and after taking themselves seriously as befitted the situation, they, in very many instances, faded away and disappeared in that Nowhere whence they came. Some of them took themselves too seriously for their own good. Of course, there existed for some years certain possibilities that any one of these bad men might run against the real thing.

There always existed in the real, sober, level-headed West a contempt for the West-struck man who was not really bad, but who wanted to seem "bad." Singularly enough, men of this type were not so frequently local products as immigrants. The "bootblack bad man" was a character recognized on the frontier--the city tough gone West with ambitions to achieve a bad eminence. Some of these men were partially bad for a while. Some of them, no doubt, even left behind them, after their sudden funerals, the impression that they had been wholly bad. You cannot detect all the counterfeit currency in the world, severe as the test for counterfeits was in the old West. There is, of course, no great amount of difference between the West and the East. All America, as well as the West, demanded of its citizens nothing so much as genuineness. Yet the Western phrase, to "stand the acid," was not surpa.s.sed in graphic descriptiveness. When an imitation bad man came into a town of the old frontier, he had to "stand the acid" or get out. His hand would be called by some one. "My friend," said old Bob Bobo, the famous Mississippi bear hunter, to a man who was doing some pretty loud talking, "I have always noticed that when a man goes out hunting for trouble in these bottoms, he almost always finds it." Two weeks later, this same loud talker threatened a calm man in simple jeans pants, who took a shotgun and slew him impulsively. Now, the West got its hot blood largely from the South, and the dogma of the Southern town was the same in the Western mining town or cow camp--the bad man or the would-be bad man had to declare himself before long, and the acid bottle was always close at hand.