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"Gunplay" Maxwell Historical Accounts

 

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Salt Lake Tribune, May 31, 1898

Maxwell Full of Gossip. He Talks About Everything, but Refuses to Identify the Dead Man.

Provo, May 30 -- Maxwell, the prisoner, continues in his social mood and talks a “blue streak,” telling anything but the truth, it is supposed. He is without doubt the sharpest and brightest criminal local officers ever handled.

Butch Cassidy in 1893Deviating from his usual talk, however, he today, apparently with all truthfulness, talked to the officers on some subjects. He was shown a picture of the outlaw, “Butch" Cassidy, from the rogues’ gallery and said: “That is a good picture of him.” He says positively the man killed for Cassidy in the mountains some time ago is not Cassidy.

Sheriff C.W. Allred and County Attorney J.W. Warf of Carbon were hereto identify the dead robbery, but can not do so positively. Allred is inclined to the belief that he is Jones, an outlaw of South Dakota, and both say he is too tall and heavy for Jack Moore, although bearing a close resemblance to Moore.

Mr. Warf said; “I’ve played slough many a time with Maxwell,” and from other experiences with him, says, “He is the smoothest man of that character I have ever heard of.” Ward has a photograph of the supposed Cassidy, taken thirty-six hours after death and cannot be said that this one bears a very close resemblance to the one Maxwell pronounces good of the bandit. Mr. Warf, however, says there is not the least doubt but that they have the man who terrorized the mountains under the name of “Butch" Cassidy dead and buried. To a Tribune man he recited all the facts brought forth at the inquest and made the above statement.

“Charley” Taylor, and old-time acquaintance of Maxwell talked privately with the prisoner for two hours this afternoon, but when seen afterward would not say that he had learned anything further.

 

Maxwell will be arraigned before the District court tomorrow morning.

The prisoner still refuses to disclose his partner’s identity. He said, “ No the man has a wife and family, and when he does not return to them in a certain length of time they will think he died a natural death, and there is no need of having them think anything else.”

Sheriff Storrs interviewed Maxwell today and he admitted that “a man” had promised to meet him with horses at the mouth of Hobble Creek canyon. He would not, of course, say who the man was. The Sheriff discredits the statement.

When shown the Ogden department of The Tribune this morning, relating to his being seen there a week ago, he said: “It’s a mistake. I haven’t been in Ogden since 1887.”

There are new surmises as to the dead robber’s identity. The latest is that he is Pete Nealson of Joseph City, Sevier county, which is the name on the rifle he carried. The Sheriff is inclined to this belief, and will follow it up.

Eastern Utah Advocate, August 26, 1909

C.L. Maxwell is Killed By Deputy Sheriff Johnstone. Coroner's Jury Finds That Officer Shot outlaw In Self Defense. As When The Missourian's Mother-In-Law Died, "No Complaint, Everyone Satisfied"

C.L. Maxwell, bank robber, ex-convict, outlaw and man of many aliases, was shot and instantly killed at Price about 5 o’clock last Monday afternoon by Edward Johnstone, a deputy sheriff. The tragedy occurred on the street, about half-way between the Sixty-Six (old Senate) saloon and the county court house, on the north side of the tracks of the Denver and Rio Grande railroad. Maxwell's body is being interred at Salt Lake City today. An embalmer came here Tuesday at the instance of Sam C. King, the attorney who represents Mrs. Maxwell or Mrs. Seaman, as the dead man was known for the past year or so. At the inquest on Tuesday morning Johnstone was exonerated, the testimony showing that he shot Maxwell in self-defense. Justice Nelms of Price precinct conducted the inquest, the jury being George G. Frandsen, ex-Bishop John Potter and Peter Anderson. There were in all twelve witnesses to give testimony. The greatest regret expressed is that the killing should have taken place at Price.

Maxwell Pulls His Automatic

Maxwell arrived in Price Monday morning, coming here from Spring Glen. It soon developed that he was “sore on himself” and everybody else. He and Deputy Sheriff Johnstone met at the Oasis saloon. Later Special Agent Thomas Burge of the Denver and Rio Grande passed the place, when Maxwell spoke to Johnstone, saying that Burge was the man he [Maxwell] was after, prefacing his remark with an oath and vile epithet against Burge. Little attention was paid to the matter by Johnstone or others present. Later Maxwell wanted Johnstone to accompany him to the Sixty-Six saloon, but this Johnstone declined to do, when Maxwell began to banter Johnstone about being ashamed to go on the street with him.

After some discussion, Johnstone agreed to accompany Maxwell. They had gotten across the railroad tracks from the Oasis, when Maxwell told Johnstone he (Johnstone) was really the man he was after, because of the latter’s having “turned him [Maxwell] up” on the Green River job and one at Kenilworth. At this time the men were ten feet apart, having become separated during their argument. Maxwell at the time drew his gun (an automatic), when Johnstone warned him to put it back in his scabbard. Instead of doing so, Maxwell fired on Johnstone, the ball passing through Johnstone’s shirt near the waistline and coming out through his coat at the breast pocket.

With this Johnstone fired, the ball grazing Maxwell's left shoulder. The second shot penetrated Maxwell’s heart, while the third struck him in the center of the right breast. Either one of the second or third shots was fatal. After the second shot Maxwell fell, dropping his gun and was in the act of trying to shoot again when Johnstone’s third bullet put him to the bad. Johnstone ran up and was going to wrest Maxwell’s gun from him, when the latter exclaimed, “Don’t shoot again, Johnstone, you have killed me!” Maxwell expired in less time than it takes to tell it. His body was then removed to the district court room at the court house.

During the wrangle in going from the Oasis towards the Sixty-Six saloon Maxwell assured Johnstone that if should kill the latter nothing would be done with him in Carbon county. There was much other talk along the same lines.

Maxwell Hiding at Spring Glen

The officers are aware of the fact that for three or four days previous to his coming to Price that Maxwell was in hiding around Spring Glen. This is taken to mean that he was planning the robbery of the paymaster at Kenilworth. Maxwell's principal grievance against Deputy Sheriff Johnstone is believed to be the fact that Johnstone became aware of the intention of Maxwell and others to rob Kenilworth and possibly the State Bank of Green River. These matters Maxwell threw up to Johnstone just previous to the shooting. Maxwell is was to have had a further hearing at Castle Dale within a few days for some trouble he recently had at Green River, and at which time there was considerable talk of a lynching. Not long since the dead man collected an alleged debt down near Green River, amounting to about thirty dollars, at the point of a sixshooter, but was cleared of the charge.

Dead Man Found to be Hop Fiend

Not until Maxwell's body was being prepared for burial did anyone suspect that he was a drug fiend. However his left arm from the wrist to the shoulder and around as far as he could reach with his right hand was punctured with a hypodermic syringe, while in his pockets was found a quantity of gum opium. This condition was not in evidence at the time he had a duel at Helper with Rendel, a railroad man, for at the time this portion of his body was exposed that the surgeon might dress his wounds. Among his other effects was a false moustache and a number of pawn tickets on Salt Lake City “three balls: business men. These tickets gave no indication of the goods pledged. Less than four dollars in silver was found on his person.  

Johnstone From Southern States

Deputy Sheriff Ed Johnstone first came to Utah from West Virginia about seven years ago, working about the Clear Creek mines for a time. He is the son of the late High Johnstone and brother-in-law of Mark Beatty, former manager of the Wasatch Store company at Clear Creek. His mother resides with Mrs. Beatty at Salt Lake City, while a younger brother is employed at Clear Creek.

Previous to coming to Utah, Johnstone was an officer in the South, being identified with the internal revenue service. Not long since he went through the strike troubles in Nevada, where he was shot and later spent some eight months in a hospital at Salt Lake City, coming here about two months since to do some special work for Sheriff Kelten in Carbon county.

He is about 35 years of age, modest and of a retiring disposition. He is one of the last men in the world that would be picked out for a gun fighter. While at Goldfield Johnstone identified to the sheriff there, at the latter’s request, Maxwell as an ex-convict. Maxwell was then going under the name H.O. Bliss. This was a grudge held against Johnstone by Maxwell.

From Wyoming to this Country

Maxwell came from the East to Wyoming twenty-five years ago. It is said that his parents were well-to-do people in Boston and that he left there after becoming involved in a saloon brawl which ended in the shooting of his companion, who died. He immediately entered upon a career of crime, and became identified with a gang of cattle thieves, who rode the ranged driving off cattle and gambled on the side.

He followed this life until the gang was broken up in 1892 and some of its members killed. Soon afterwards he was convicted of grand larceny in Wyoming and was sentenced to serve five years in the state prison. He began his sentence on July 5, 1893, but was released about three years later by the board of pardons. Then he came to Utah where he lived on the Uintah reservation. While in that country he married Ada Shaw of Verna. Mrs. Shaw’s daughter is now married to a soldier at Fort Douglas.

Three years ago he went to Goldfield, where he was employed by the mine owners as a spy against the strikers there. He joined the union, worked in the mines, attended the meetings of the union and then made a daily report to the mine owners. While he was there he was mixed up in the murder of Joseph Smith, a restaurant keeper, and was indicted. He turned state’s evidence in the case and was not prosecuted. Shortly afterward he returned to Carbon county. He celebrated his return by shooting up the town of Helper. In July, 1907, he attacked L.C. Reidel, a railroad man. Both men were seriously wounded but recovered. Maxwell was discharged after a hearing and nothing more was done in the case.

Marries Widow in San Francisco

After the Helper trouble Maxwell went back to Nevada and later to San Francisco, where he married Mrs. Bessie Hume under the name of Seaman, the woman being the widow of a canner in Alaska and possessed of considerable property in California and elsewhere. On their honeymoon Maxwell became acquainted with at Reno, Nev. with E.R. Burker, ex-convict and all round confidence man. A “duel” ensued with pistols, but in the meantime they had robbed Mrs. Seaman of considerable jewelry. Later most of the jewelry was recovered in pawnshops. Maxwell visited Salt Lake City after the jewelry was recovered. He made a gunplay in a barroom there, but it didn’t “buy him anything.” Nothing was done either towards the Maxwell's arrest. About a year ago Maxwell went back to San Francisco and effected a reconciliation with his wife, whom he brought to Ogden, and which place they have called home since. While Mrs. Maxwell remained there the outlaw made numerous trips to Carbon county and elsewhere on “mining business.”

Maxwell was one of two robbers who held up a bank at Springville in (?1908?), when his accomplice was killed and one of two officers wounded. Maxwell was captured and sentenced to eighteen years in the state prison. Five years later he assisted the prison guards in defeating a jail delivery and was rewarded for his action with a pardon. Since that time Maxwell has been implicated in a number of holdups and robberies. He has to his credit one stage holdup in Nevada. He has also passed hundreds of dollars worth of bogus checks. He escaped prosecution in nearly every case and was never convicted.

Women Scrapping Over The Estate

Sheriff Kelter went in on the same train Tuesday evening that carried Maxwell's remains, returning last night to Price. While there he turned over to Mrs. Seaman the pawn tickets for diamonds found on Maxwell and the other small effects. Preparations were being made to bury the body at 6 o’clock last evening.

Sam C. King represents Mrs. Ada Shaw Maxwell and there promises to be a fight over the dead man’s small possessions, consisting of some personal property in the shape of mining stocks, some mining claims in Nevada, and others on the Colorado river and elsewhere.

Deputy Sheriff Johnstone went in to Salt Lake City this morning to visit his mother and other relatives.

Mark P. Braffet Talks About His Bodyguard

During this turbulent period which marked the strike of the cola miners employed by the Utah Fuel company in 1903 there were riots and considerable property damage was threatened by the strikers. The Utah Fuel company maintained a corps of men, sworn in as special deputy sheriffs for the protection of their property, and of the strikebreakers who were rushed into the coal camp from the agricultural section, and from outside the state.

Mark P. Braffet, attorney for the Utah Fuel company, was one of the officials who was detailed to duty at the scene of the strike, to protect the company’s interests in the courts of Carbon county. Braffet’s life was threatened on a number of occasions, and a special deputy sheriff was detailed to act as his personal escort and bodyguard. This bodyguard was Maxwell, who was selected because of his fearlessness when firearms were the media of the exchange of personalities.

“There is always a kind of halo thrown about the head of a dead desperado or outlaw,” says Braffet. “I do not want to be considered in any sense as weaving of such a halo about an outlaw's head, nor to be considered as sanctioning the acts in the turbulent life of Maxwell. At the same time I do not like to say unpleasant things about the dead. Of course Maxwell was an outlaw. He was in more or less trouble in Eastern Utah for many years, wherever he went. I know nothing of the his history prior to his appearance there, but understood that he had a record earlier than that.

Maxwell was employed in the guard service by the Utah Fuel company during the big strike of 1903, and he always rendered loyal service to his employers. He was a most energetic man, and if his energies had been directed towards a legitimate end he would have been a big man and a good one.

“His reputation was so infernally unsavory, though, that even for his good service to his employers I cannot attempt to justify his conduct. The days of his service as a guard were filled with trouble and turbulence, and on a great many occasions he showed that he possessed an iron nerve and an indomitable will. He had no fear of the law nor of any man. He possessed many of the qualities that go to makeup an ideal officer, and for some time after these troubles he settled down wit the apparent intention of becoming a good citizen.

“But Maxwell always had an idea that personal differences should be settled with sixshooters, and in no other way, and his views along this line were somewhat bigoted. He was a hard drinker at times, and when in his cups was a bad customer. He was very much inclined to make enemies when he was drinking and he generally went out to adjust his grievances along the lines of primary principles, without giving an opportunity of explanation. Maxwell was a bad man in may respects, but was a good servant.”

 

 

Added September, 2007

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