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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, 2007Compiled and
edited by
Kathy Weiser/Legends
of America, updated July,
2010.
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