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P.O. Box 19423
Lenexa,
KS 66285
913-708-5119
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The Stevens County War |
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"The murder of Sheriff Cross occurred in 1888. The
militia were withdrawn within about thirty days thereafter. Both towns
continued to break the law -- in short, agreed jointly to break the law.
They drew up a stipulation, it is said, under which Colonel Wood was to
have all the charges against the Hugoton men dismissed. In return, Wood
was to have all the charges against him in Hugoton dismissed, and was to
have safe conduct when he came up to court. Not even this compounding of
felony was kept as a pact between these treacherous communities.
"The trial lagged. Wood was once more under bond to
appear at Hugoton, before the court of his enemy, Judge Botkin, and among
many other of his Hugoton enemies. On the day that Colonel Wood was to go
for his trial, June 23, 1891, he drove up in a buggy. In the vehicle with
him were his wife and a Mrs. Perry Carpenter. Court was held in the
Methodist church.
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Kansas Militia, 1899
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At the time of Wood's arrival, the docket had been
called and a number of cases set for trial, including one against Wood for
arson -- there was no crime in the calendar of which one town did not
accuse the other, and, indeed, of which the citizens of either were not
guilty.
"Wood left the two ladies sitting in the buggy, near
the door, and stepped up to the clerk's desk to look over some papers. As
he went in, he passed, leaning against the door, one Jim Brennan, a deputy
of Hugoton, who did not seem to notice him. Brennan was a friend of C. E.
Cook, then under conviction for the Hay Meadows massacre. Brennan stood
talking to Mrs. Wood and Mrs. Carpenter, smiling and apparently pleasant.
Colonel Wood turned and came down towards the door, again passing close to
Brennan but not speaking to him. He was almost upon the point of climbing
to his s/at in the buggy, when Brennan, without a word and without any
sort of warning, drew a revolver and shot him in the back. Wood wheeled
around, and Brennan shot him the second time, through the right side. Not
a word had been spoken by any one. Wood now started to run around the
corner of the house. His wife, realizing now what was happening, sprang
from the buggy-seat and followed to protect him. Brennan fired a third
time, but missed. Mrs. Wood, reaching her husband's side, threw her arms
around his neck. Brennan coming close up, fired a fourth shot, this time
through Wood's head. The murdered man fell heavily, literally in his
wife's arms, and for the moment it was thought both were killed. Brennan
drew a second revolver, and so stood over Wood's corpse, refusing to
surrender to any one but the sheriff of Morton county.
"The presiding judge at this trial was Theodosius
Botkin, a figure of peculiar eminence in
Kansas
at that time. Botkin gave Brennan into the custody of the sheriff of
Morton county. He was removed from the county, and it need hardly be
stated that when he was at last brought back for trial it was found
impossible to empanel a jury, and he was set free. No one was ever
punished for this cold-blooded murder.
"Colonel S. N. Wood was an Ohio man, but moved to
Kansas
in the early Free Soil days. He was a friend and champion of old John
Brown and a colonel of volunteers in the civil war. He had served in the
legislature of
Kansas,
and was a good type of the early and adventurous pioneer.
"Whether or not suspicion attached to Judge Botkin
for his conduct in this matter, he himself seems to have feared revenge,
for he held court with a Winchester at his hand and a brace of revolvers
on the desk in front of him, his court-house always surrounded with an
armed guard. He offended men in Seward county, and there was a plot made
to kill him. A party lay in wait along the road to intercept Botkin on his
journey from his homestead -- every one in
Kansas
at that time had a 'claim' -- but Botkin was warned by some friend. He
sent out Sam Dunn, sheriff of Seward county, to discover the truth of the
rumor.
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"Dunn went on down the trail and,
in a rough part of the country, was fired upon and killed, instead of Botkin. Arrests were made in this
matter also, but the sham trials resulted much as had that of Brennan. The
records of these trials may be seen in Seward county. It was murder for
murder, anarchy for anarchy, evasion for evasion, in this portion of the
frontier. Judge Botkin soon after this resigned his seat upon the bench
and went to lecturing upon the virtues of the Keeley cure. Afterwards he
went to the legislature -- the same legislature which had once tried him
on charges of impeachment as a judge!
"These events all became known in time, and
lawlessness proved its own inability to endure. The towns were abandoned.
Where in 1889 there were perhaps 4,000 people, there remained not 100. The
best of the farms were abandoned or sold for taxes, the late inhabitants
of the two warring settlements wandering out over the world. The
legislature, hoodwinked or cajoled heretofore, at length disorganized the
county, and anarchy gave back its own to the wilderness.
"I have indicated that the trial of the men guilty of
assassinating my friends and of attempting to kill myself in the Hay
Meadow butchery was one which reached a considerable importance at the
time. The crimes were committed in that strange portion of the country
called No Man's Land or the Neutral Strip. The accused were tried in the
United States court at Paris,
Texas.
I myself drew the indictments against them. There were tried the Cooks,
Chamberlain, Robinson and others of the Hugoton party, and of these six
were convicted and sentenced to be hung. These men were defended by
Colonel George R. Peck, later chief counsel of the Chicago, Milwaukee &
St. Paul Railway. With him were associated Judge John F. Dillon, of New
York; W. H. Rossington, of St. Louis; Senator Manderson, of Nebraska;
Colonel Robert G. Ingersoll, and others. The Knights of Pythias raised a
fund to defend the prisoners, and spent perhaps a hundred thousand dollars
in all in this under- taking. A vast political 'pull' was exercised at
Topeka and Washington. After the sentence had been passed, the case was
taken up to the United States Supreme Court, on the ground that the
Texas
court had no jurisdiction in the premises, and on the further grounds of
errors in the trial. The United States Supreme Court, in 1891, reversed
the
Texas
court, on an error on the admission of evidence, and remanded the cases.
The men were never put on trial again, except that, in 1898, Sam Robinson,
meantime pardoned out of the penitentiary in
Colorado, where he had been
sent for robbing the United States mails at Florissant,
Colorado, returned
to
Texas,
and was arrested on the old charge. The men convicted were C. E. Cook,
Orrin Cook, Cyrus C. Freese, John Lawrence and John Jackson.
"The
Illinois
legislature petitioned Congress to extend United States jurisdiction over
No Man's Land, and so did the state of Indiana; and it was attached to the
East District of
Texas
for the purposes of jurisdiction. Congressman Springer held up this bill
for a time, using it as a club for the passage of a measure of his own
upon which he was intent. Thus, it may be seen that the tawdry little
tragedy in that land which indeed was 'No Man's Land' in time attained a
national prominence.
"The collecting of the witnesses for this trial cost
the United States government over one hundred thousand dollars. The trial
was long and bitterly fought. It resulted, as did every attempt to convict
those concerned in the bloody doings of Stevens county, in an absolute
failure of the ends of justice. Of all the murders committed in that
bitter fighting, not one murderer has ever been punished! Never was
greater political or judicial mockery.
"I had the singular experience, once in my life, of
eating dinner at the same table with the man who brutally shot me down and
left me for dead. J. B. Chamberlain, the man who shot me, and who thought
he had killed me, came in with a friend and sat down at the same table in
a Leavenworth,
Kansas,
restaurant, where I was eating. My opportunity for revenge was there. I
did not take it. Chamberlain and his friend did not know who I was. I left
the matter to the law, with what results the records of the law's failure
in these matters has shown.
"Of those who were tried for these murders, J. B.
Chamberlain is now dead. C. E. Cook, who was much alarmed lest the cases
might be reinstated in the year 1898, claims Quincy,
Illinois,
as his home, but has interests in Florida. O. J. Cook is dead. Jack
Lawrence is dead. John Kelley is dead. Other actors in the drama,
unconvicted, are also dead or nameless wanderers. As the indictments were
all quashed in 1898, Sam Robinson, whose whereabouts is unknown, will
never be brought to trial for his deeds in the Hay Meadow butchery. He was
not tried at Paris, being then in the
Colorado penitentiary. His friend
and partner, Bert Nobel, who was sent to the penitentiary for seven years
for participating in the post office robbery, was pardoned out, and later
killed a policeman at Trinidad,
Colorado. He was tried there and hanged.
So far as I know, this is the only legal punishment ever inflicted upon
any of the Hugoton or Woodsdale men, who out-vied each other in a
lawlessness for which anarchy would be a mild name.
Added August, 2007
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About the Author: Excerpted from the book The Story of the
Outlaw; A Study of the Western Desperado, by Emerson Hough (now in the public domain);
Outing Publishing Company, New York, 1907. This story is not verbatim as
minor clerical errors have been corrected.
About the Author: Emerson Hough (1857–1923).was an
author and journalist who wrote factional accounts and historical novels
of life in the
American
West. His works helped establish the Western as a popular genre in
literature and motion pictures.
For years, Hough wrote the feature "Out-of-Doors" for the Saturday
Evening Post and contributed to other major magazines.
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