USA > Colorado > History of the State of Colorado, Volume III > Part 22
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Intelligence of this frightful discovery soon spread to all the settlements. Officers of the law were summoned, an inquest held and a verdict returned that these men met their death at the hands of Alfred Packer. A warrant for his arrest on the charge of murder was issued, but before it could be served, Packer made his escape from the sheriff of Saguache, and nothing more was heard of him until March, 1883, nearly ten years afterward, when one of the original Utah party named "Frenchy," being in a house at Fort Fetterman, Wyoming Territory, heard voices of men through a thin partition which separated the rooms, and at once recognized one of them as Packer's. Keeping his own counsel, he communicated the fact to General Adams, then holding the position of United States Postoffice Inspector, that Packer was at Fort Fetterman, under the assumed name of John Schwartze. He was soon arrested by the sheriff of that county, and held for Adams, who immediately went to the post, and brought him back to Denver, where he was lodged in the jail of Arapahoe County. Here Packer made to Adams another rambling confession, that was not credited.
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Packer was taken from Denver by the sheriff of Hinsdale County. On arriving at Gunnison he was lodged in the jail of that town by order of Judge M. B. Gerry, because of its greater security. On the 28th of March, 1883, he was taken to Lake City for trial at the April term of the district court. The testimony against him was very full and conclusive, and on the 13th of April, the jury returned a verdict of premeditated murder. Counsel for the defense Mr. - Heims and A. J. Miller (counsel for the State being Messrs. J. C. Bell and J. W. Mills), gave notice of a motion for a new trial, but it was overruled. They then asked for an order to the clerk to prepare a transcript of the record, that it might be taken to the Supreme Court, which was granted. Judge Gerry sentenced Packer to be hanged on the 19th of May following.
This desperate criminal, the perpetrator of five murders, was only thirty-four years of age, and notwithstanding the enormity of his crime still lives, owing to the blunders of our State legislature in amending certain sections of the criminal code.
On the 7th of May his counsel carried the case to the Supreme Court. On the 11th, Chief-Justice W. E. Beck handed down a decision, upon another appeal, which in effect wrought a stay of pro- ceedings in Packer's case, and prevented the execution of Judge Gerry's righteous sentence. The cause was that of "Albert Garvey, plaintiff in error, vs. the people of Colorado, defendants in error," which came to the court on an appeal for reversal of a decision by Victor A. Elliott, Judge of the District Court, who had sentenced Garvey to imprisonment for life on the charge of having murdered George Wolf in Weld County, May 23d, 1880. Counsel for the prisoner, Messrs. Wells, Smith and Macon, argued that the law under which Garvey was tried and convicted, that went into effect March ist, 1881, was ex post facto, inasmuch as it curtailed the privilege of the old law relating to murders, that was in effect when the crime was com- mitted, and that the new law had no saving clause covering crimes committed while the old law was in effect, and during which Garvey's
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crime was committed. Judge Beck's opinion, in substance, was that any murder committed prior to taking effect of the provision of the penal code March Ist, 1881, was not amenable under the new section, by which the privilege of the accused to enter a plea of "guilty" and thus escape the hazard of being convicted of murder in the first degree, had been annulled.
Not only Packer, but several other assassins thereby escaped the penalty which they justly deserved.
On reading this opinion, Packer's attorneys immediately applied for and were granted a writ of supersedeas, made returnable in December. Intelligence of the fact having reached Lake City, some apprehension was entertained by the authorities that the indignation of the people would result in the lynching of the prisoner. The gallows for the legal execution had been erected and preparations made for that event, and it would not have been difficult had they been so inclined, to take Packer out and hang him, but the good sense and law abiding spirit of the community restrained it from taking any violent measures. It is not often, however, that frontier ideas of justice are thwarted by sen- timents of this nature, and it is greatly to the credit of the people that respect for even ill considered law was allowed to overcome their desire for unlawful vengeance.
The case was not reached by the Supreme Court until October, 1885, Meanwhile, Packer had lain in jail awaiting the result. He was broken in body and mind by the long confinement. A new trial was had at Gunnison, August 2d, 1886, and a verdict of guilty returned on each count in the indictment, and he was sentenced to forty years' imprisonment in the State Penitentiary at Canon City, and is there now.
BILLY THE KID AND EDWARD KELLY.
During the administration of General Lew Wallace as Governor of New Mexico, in the leisure of which it is said that he wrote the now celebrated, certainly the very widely circulated book "Ben-Hur, a Tale
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of the Christ," the people of the Territory, especially the inhabitants of Lincoln County, were kept in constant turmoil by the acts of large bands of thieves, cut-throats and outlaws, chief of whom was a remark- able character known all over the border as "Billy the Kid." In the broad annals of frontier life, filled as they are with the outrages of lawless men perpetrated in Colorado and elsewhere, there was not one whose deeds of blood and successful evasion of punishment, attracted so much interest and horror as the short but marvelous career of the mere youth who forms the subject of this sketch. Although a part of the annals of New Mexico, I am persuaded to attach an outline here because it was said at the time, although perhaps without foundation in truth, that "the Kid" had been a resident of Denver, and for the further reason which is well established, that one of the prominent criminal lawyers of that city was engaged as his counsel. In the course of our narrative it will appear that this boy of twenty-six-at the time of his death,-drenched his trails with gore, and for a long time eluded all attempts to capture him, and finally met a singularly tragic fate.
"Billy the Kid," whose real name was William Bonney, was born in New York City, bred in the streets of that metropolis as a newsboy, bootblack, and irreclaimable young desperado from the time he could range its busy avenues. How he acquired even the rudiments of an education, is not explained, but it is a fact that he somehow and some- where learned to read, write and cipher, and, possessed of a bright intellect, seems to have made good use of his opportunities. An autograph letter before me as these sheets are penned, shows a clear, round, steady hand, perfect orthography and faultless grammar, with a readiness of expression, correctness of punctuation, and conservative thought which is surprising in one who led the life which he pursued. Of its authenticity there is no manner of doubt.
Notwithstanding his cruel and murderous nature, there were evidences of much finer and better instincts, that under happier influences of moral training and association might have developed a bright and useful citizen.
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Shortly after his birth, his father died, and a few years later his widowed mother settled in Kansas, where she at length married a man named Antrim. In due course they moved to Lincoln County, New Mexico, where Billy took employment as a cowboy herder for one of the large owners of range cattle. When he had reached maturity his stepfather died, when the mother, widowed a second time, went back to her old home in Kansas, leaving Billy, who had become one of the rough and tough wild riders of the cattle ranges, with all that the term implies, that repressed the good, and developed all the devilishness of his nature. When the Lincoln County war broke out which caused the authorities so much trouble and resulted in the wanton sacrifice of many lives, he became the chief of a faction of outlaws. He could ride the wildest horses, and shoot with unerring accuracy. Bold, brave, desperate and fearless, he, though but a slender stripling, became the most dangerous leader of the most dreaded gang in the Territory. Even after the troubles subsided, he still carried the spirit of revenge against a prominent cattle baron named Chisum, whom he hated with fierce malignity, seeking an opportunity to take his life. Though several times arrested he always contrived to escape. The Denver lawyer already mentioned. then practicing in Santa Fé, who had defended him in court on several occasions, was one of the few for whom he cherished a devoted attachment. At length he with several others was "run to earth" by Pat Garrett, sheriff of Lincoln County, in a mud house near Stinking Springs. Garrett with a strong posse sur- rounded the hut, laid siege to it, and finally starved them out. They were apprehended and taken to Santa Fé for safe keeping in the jail at that place. The rougher element of Santa Fé threatened to lynch them. The attorney appealed to the authorities for a strong guard to be put about the jail, but it was denied, whereupon he collected a number of volunteers and placing himself at their head took the matter of safe keeping into his own hands. His posse remained until mid- night when, discovering no signs of an attack, they went home. They had no sooner disappeared, than the lynchers appeared upon the scene.
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The attorney stood there alone with his Winchester rifle, reinforced by thirty-five cartridges, threatening to shoot any and all intruders. The lynchers retreated to a safe distance and opened fire, but being pro- tected by the thick walls he was not harmed. The exchange of shots was kept up until morning, when the mob dispersed.
Shortly afterward "the Kid" was removed to Lincoln County, where he was tried and convicted of murder in the first degree. From his cell he wrote this letter to his defender, under date Messilla, April 25th, 1881:
"I would have written before this, but I could get no paper. My United States case was thrown out of court, and I was rushed to trial on my Territorial charge; was convicted of murder in the first degree, and am to be hanged on the 13th of May. Mr. A. J. Fountain was appointed to defend me, and has done the best he could for me. He is willing to carry the case further if I can raise the money to bear his expenses. The mare is about all I can depend on at present, so I hope you will settle that case right away and give him the money you get for her. If you do not settle the matter with Scott Moore, and have to go to court about it, either give him the mare or sell her at auction and give him the money. Please do as he wishes you to do in the matter. I know you will do the best you can for me in this. I shall be taken to Lincoln to-mor- row. Please write and direct care of Garrett, sheriff. Excuse bad writing. I have my handcuffs on. I remain as ever, Yours respectfully,
WILLIAM BONNEY."
During his subsequent confinement in jail, by his quiet, resigned and submissive demeanor, he gained the confidence of his guards to such an extent that in order to pass the time they indulged in card playing for mutual amusement. Billy was securely handcuffed and one of his legs fastened to a heavy iron ball by a stout chain. After a time he induced the guard to release one of his hands from the bracelets, to facilitate handling the cards. This concession was granted, and the game proceeded. The guard had a navy six-shooter in his belt, and a double barreled shot gun within reach, hence there could be no danger. This overweening confidence proved fatal. At tlie noon hour when all the attaches of the prison were at dinner, and just as Billy and his keeper had finished a game, the latter carelessly turned his head to look out the window when, swift as a lightning flash, Billy felled him to the floor, and before he could recover, jerked the pistol from his belt and
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shot him through the head. He then seized the shot gun and coolly awaited the coming of the deputy sheriff, Bob Olinger, who, attracted by the explosion, rushed to the spot. The cell was in the second story of the jail, and Billy had meantime reached the head of the stairway. As Olinger was about to ascend, he shouted, "Look out there, Bob!" and instantly discharged both barrels of the gun into his breast, killing him instantly. He then rushed down the stairway, and seizing the Winchester borne by the dead officer, clubbed it and broke it over his head, saying, "That is the gun you rounded me up with at Stinking Springs, but you'll never round up anybody else with it, for I am even with you and your gun."
Mexican guards rushed to the spot, but finding "the Kid" at liberty, well armed and desperate, so great was their terror of him, he had but to command to secure immediate obedience. He ordered one to bring a horse, and another to remove his ball and chain. The horse was saddled and led to the door, the chain taken off his leg. Mounting, he commanded the gates to be opened, then bidding them a polite adios, he darted away. Just as he reached the gate, however, the broncho bucked and threw him. Tearing off the saddle he mounted bareback, and digging his heels into the animal's side, quickly dis- appeared. He made directly for Pete Maxwell's ranch ; en route he dashed into a camp of Mexican herders employed by his deadly enemy Chisum; there were five of them. Killing four, he commanded the fifth to take this message to his master ; "You owe me $5,000 ; I have killed four of your men, and credited you with $50 each on account. I'll kill you next, when the account will be squared and I'll stand pat with the world."
He then rode on to Maxwell's where he had a sweetheart, a half- breed. He was quickly followed by Pat Garrett, the sheriff, who, with a large posse surrounded the house. Entering the unlighted building by a window, Garrett asked Maxwell if Billy was there. Answered in the affirmative, he secreted himself at the foot of a bed and awaited the next scene. Billy from an adjoining room hearing voices, seized his
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rifle and entered, asking his host, "Who is it?" A ray of moonlight entered the window and revealed his presence unmistakably to the crouching sheriff. Knowing with whom he had to deal, he instantly took aim and fired, when the terror of the frontier fell dead, a bullet through his heart.
Thus ended the life, at twenty-six years of age, of the most desperate and bloody minded civilized white man that ever cursed the border with his crimes, fit ending of a lawless and altogether dreadful career. He was wont to observe that he had lived but twenty-six years, and had killed a man for every year. The earth was well rid of him.
A less tragic but scarcely less interesting episode in which our young attorney figured, that also achieved national prominence, and is a very extraordinary example in its way of the small incidents that sometimes govern momentous events, is found in the killing of Jack Reardon by Edward M. Kelly at the Cerillos mining camp, eighteen miles from Santa Fé. By the singular combination of circumstances attending this tragedy, in New Mexico, at Washington and in the public journals throughout the country, it is placed among the notable occurrences of criminal life, and the devious courses not infrequently taken by justice under the manipulation of resolute lawyers, who never abandon their clients until the scaffold or the prison claims its own, and holds on with relentless grip.
These two miners quarreled, and each went for his gun to kill the other. Kelly being the quicker, slew his adversary. Engaging our attorney to defend him, the cause came on for trial in the Territorial court, but not until the last half of the last day of the current term, when, being without requisite witnesses, the attorney to make time and carry it over, consumed all the remaining hours by various motions, preliminary skirmishes and long winded arguments.
At the next term that was held at Las Vegas, it was again post- poned until the last day. At the noon recess the prosecutor turned the hands of the court clock back twenty minutes. The cause came on,
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testimony was taken, and at five minutes to twelve, midnight, the jury returned a verdict of murder in the first degree. The counsel for the prisoner bringing the fact of the turning back of the clock, to the notice of the court, argued that no legal judgment could be rendered, as the term had expired by limitation. It was overruled, and Kelly sen- tenced to death. An appeal to the Governor was made, to commute the sentence to imprisonment for life, but without avail. Notwithstanding the failure of all other expedients, the attorney for Kelly sent a lengthy telegram to Honorable Ben Brewster, Attorney-General of the United States, setting forth the main particulars, and asking for a respite of thirty days until a complete record could be prepared and forwarded by mail.
Now the Attorney-General's heart was bound up in his son Bennie, a remarkably bright and precocious little fellow, to whom, when absent from home he invariably sent affectionate messages by wire. On this occasion he happened to be at the White House in conference with the president. The telegram from New Mexico was sent to his house, it being long after office hours, and being addressed to Ben Brewster, it was opened by Bennie and his mother, under the impression that, as usual the fond father had transmitted loving greetings to his adored son. Reading it, and, his childish heart imbued with the spirit of mercy, he took a pencil and wrote at the bottom, "Papa, please give this poor fellow a chance," and reinclosing it, sent it to his father. On its receipt the Attorney-General glanced hastily over its contents, till his eye lighted upon little Bennie's postscript, when the stern dignity of the official and cabinet officer melted into sympathetic charity for the condemned. The result was an order by telegraph next day to New Mexico granting a respite for the time applied for, which reached the sheriff of Santa Fé just as he was about to lead his prisoner to the scaffold for execution. A large concourse of people had gathered about the gallows to witness the awful proceedings, but they were disappointed. The story of how it was brought about, was spread all over the land through the newspapers, creating intense interest. The
Jo Standy
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outcome of the matter ? Kelly's sentence was finally commuted to imprisonment for life in the United States prison at Fort Leavenworth. He is there now, and should he live eight years longer, will be a free man, under deductions of time for good behavior.
In the four cases set forth in this chapter there is well authen- ticated material for half a dozen thrilling romances, with truths at the bottom that need no florid coloring to stir the depths of the most imaginative writer.
The attorney in the two cases last recited, was Mr. Edgar Caypless, a criminal lawyer of Denver.
.
CHRONICLES
OF THE
Great Interior of Colorado.
EPITOMIZING THE
ORIGIN AND DEVELOPMENT OF SOCIETY, INDUSTRY AND COMMERCE IN THE COUNTIES OF ARAPAHOE, BOULDER, CLEAR CREEK, COSTILLA, DOUGLAS, EL PASO, FREMONT, GILPIN, LAKE, PUEBLO, HUERFANO AND JEFFERSON.
THE RECORD OF THIRTY YEARS-1859 TO 1890.
TO BE CONCLUDED IN VOLUME IV.
ARAPAHOE COUNTY.
EARLY ORGANIZATION AND GOVERNMENT-COURTS AND VIGILANCE COMMITTEES -SCHEDULE OF OFFI- CERS FROM 1859 TO 1890-BUILDING OF SCHOOLS, HOSPITALS, JAILS AND COURT HOUSE-COM- MENDABLE WORK OF THE COMMISSIONERS-OUTLYING SUBURBS AND FARMING SETTLEMENTS.
It is deemed advisable to state at the outset, that this sketch is not designed to include the annals of the city of Denver, the capital of Arapahoe County, and of the State. That has been reserved for more elaborate treatment in our Fourth Volume. However, the city is so great a part of the county, it is difficult to wholly separate them. The main object is to present the early beginnings of government here, under the different and often conflicting authorities claiming exclusive jurisdiction, together with a consecutive list of county officers from 1859 to 1890, the places where its busi- ness was transacted, the initiation and consummation of measures for the erection of public buildings-jails, hospitals and court house, with brief mention of outlying towns and settlements. So far as I am advised, no such connected account as is here given has previously been compiled, and it will be useful for reference if nothing else. To reach the facts, long and diligent search has been made of the old and almost forgotten records, but even here it has not been possible to obtain all the data required. When those failed, resort was had to those who either held office in early times, when such matters as we were in quest of were not fully set forth, or possessed memoranda to supply the missing links.
The history of Arapahoe is that of a remarkably well ordered and, for the most part, an honestly administered government. As a rule our commissioners have been guided by laudable resolves to eschew jobbery, extravagance and corrupt practices; paying out the public revenues only for legitimate purposes, avoiding unnecessary expenses, keeping the credit up to the highest standard, maintaining their warrants at · par, borrowing no money, and permitting no rascality in the execution of contracts. It is entirely safe to assume that no county of its population anywhere in the American Union has had less cause to complain of mal-administration than this. In confirmation we shall present certain facts and figures.
Arapahoe County takes its name from the tribe of Indians, that for the last hundred years before our epoch roamed over and claimed as its own property, the greater part of its area. As one of the alleged counties of Kansas Territory in 1858-'59 it embraced nearly all of the present State of Colorado. By the government survey in 1861, its boundary lines were restricted to a tract thirty miles in width by one hundred and sixty in length, thus forming a right angled parallelogram. It extends from the
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Kansas line on the east, to within twelve miles of the base of the Rocky Mountains on the west. Under the changes made in 1889 it is bounded as follows: North by Weld, Morgan, Washington and Yuma Counties, east by Kansas, south by Kit Carson, Lincoln, Elbert and Douglas, and west by Jefferson and Boulder. With an area of 4,800 square miles, Arapahoe is nearly four times larger than Rhode Island, more than twice as large as Delaware, and has about the same area as Connecticut. It is watered by the South Platte River, Cherry Creek, the Box Elder, Kiowa, Bijou and their tributaries in the west, by the Badger and Beaver in the center and the Arickaree or Middle Fork of the Republican and South Fork of the Republican in the eastern part. It is chiefly an agricultural and pastoral region, stockgrowing having been its principal industry until a few years ago, when most of those therein engaged were compelled by the rapid influx of farming settlers to seek more distant ranges for their stock. By the census of 1890 the population of this county was 131,802, being an increase of 93,158 over that of 1880. This population is mainly grouped near the western boundary, where Denver, the county seat, and also the State Capital, has 126,000 inhabitants. This includes, of course, the environs, several of which have separate municipal organizations, but are virtually integral parts of the metropolis, and will be undoubtedly, at some time in the not remote future, incorporated within its limits.
The first county officers were Edward W. Wynkoop, Hickory Rogers and H. P. A. Smith, commissioners appointed by Governor J. W. Denver of Kansas Territory in the fall of 1858, to institute local government in the county of Arapahoe over which Kansas claimed jurisdiction. While en route to Cherry Creek, these commissioners fell in with Richard E. Whitsitt, General William Larimer, William H. H. Larimer, Jr., Charles A. Lawrence, M. M. Jewett and Folsom Dorsett, at the Arkansas Crossing, where now stands the city of Pueblo. The Whitsitt party had left Leavenworth October 3d, 1858. The meeting of these travelers proved an event of great historical importance. They journeyed together to the banks of Cherry Creek, reaching the town of Auraria, located on the west side, in November, when, finding a town organization already established, they moved over to the east side, founded the Denver Town Company and proceeded to lay out the present city on the practically abandoned site of St. Charles.
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