Early
Law Enforcement
They Didn't all meet face to face.
By Ray Haueter - former
UPOA Historian,
UPOA President 1970 - 1971, now deceased
By
popular request, we reprint Ray's stories of Early Law Enforcement for
your pleasure
NOTE: The following information was obtained from a number
of sources, some of which are "Guns and the Gunfighters," by the editors
of GUNS AND AMMO, "The Gunfighters," by TIME-LIFE books, "The Gunfighter,
Man or Myth?" by Joseph G. Rosa, the Grand County, Utah records, and Utah
State Historical Society.
*****************
As the stranger left the livery stable he saw an empty street,
suddenly vacated by the townspeople who had been warned of his coming.
His steps were slow and measured as he advanced toward the center
of town, his eyes searching deep into each shadow for possible hiding places.
His arms hung loosely from his sides, slightly brushing the two low-slung
six guns on his hips. The nervous twitch of a muscle in his jaw revealed
a tenseness in the man not obvious to the casual observer.
As the people watched from behind closed doors and shuttered
windows, the swinging doors of the saloon were parted by a tall, well-dressed
cowboy who quickly crossed the board walk and stepped into the dusty street,
facing the figure slowly moving to meet him.
Hardly twenty fee separated the two men as they came to a halt.
"You knew I'd be comin' for you" said the dusty stranger as his
hands moved ever so slightly toward the deadly guns he wore.
"Yes . . . I've been waitin'" replied the cowboy, his fingers
spread like talons over his ivory-handled Colt.
The stranger looked at him coldly as he said, "Maybe you should
have kept riding." Then, in a low voice he added, "I'm goin' to kill
you for what you did to my brother."
The cowboy's voice never faltered as he snarled, "Sayin' what
you aim to do and being able to do it are dogs of a different color . .
. fill your hand!"
As the cowboy spoke, his hand was grasping the handle of his
gun, bringing it clear of the holster and thumbing back the hammer as it
came level with the stranger's belt buckle.
As quick as his draw had been, it was not fast enough to match
the speed of the stranger. His right-hand gun seemed to leap into
his hand. As a finger of flame spurted from the barrel, a hole suddenly
appeared near the left breast of the cowboy.
Shoved backward by the shock of the bullet, the cowboy fell to
the ground as his gun discharged harmlessly into the sky.
There was a moment of silence as the stranger looked down upon
the lifeless body lying in the dust of the street, while a wet, darkening
pool spread slowly in the dirt.
Silently, the stranger turned, retracing his steps to the livery
stable, as the first of the townspeople ventured out of their hiding places
to see the results of the gun play that had erupted in their town.
As the stranger rode away, behind him he could hear the excited
voices of those grouped around the body of the fallen cowboy.
Such are the stories that have become part of the western scene.
Movies have portrayed the gunfighter as a daring, bold and brave warrior,
much like the portrayal of the Knights of the Round Table. Early
writers such as Ned Buntline and Stuart Lake, who made a hero out of an
ordinary lawman called Wyatt Earp, gave their eastern readers the violence
and romance they desired and painted a picture of the west that, in most
instances, did not exist.
The fight at the O.K. Corral has become a movie classic with
different versions appearing in over eight movies, when in reality, it
was a classic example of confusion caused by a set of events that had occurred
long before the fight erupted . . . a stagecoach holdup, several beatings
of cowboys in the town, and an argument over a woman between Wyatt Earp
and Sheriff John Behan, who was also a friend of the Clantons.
These events set the stage for the final showdown in Tombstone,
Arizona, on October 26, 1881, at the O.K. Corral, when Wyatt, Virgil and
Morgan Earp, in company with Doc Holliday, engaged in a gun fight with
Ike and Billy Clanton, Tom and Frank McLaury, and Billy "The Kid" Claiborne.
Tom and Frank were killed and also Billy Clanton. Two Earp brothers,
Morgan and Virgil, were wounded.
Arguments over the shooting still exist, although a court ruled
that the killings were justifiable homicide.
The fight at the Corral was not the end, but rather the beginning,
of a period of time during which Virgil Earp was shot gunned from ambush
and never did recover fully from its effects. This shooting occurred
on November 28, 1881, as he walked out of the Oriental saloon.
In March of 1882, Morgan was shot and killed while playing pool
in a local billiards parlor. The shot that killed him was fired through
a window from a dark street.
Wyatt, after moving his family to California, returned to Arizona,
and in company with Doc Holliday and some friends, went looking for the
killers. It is known that three men were eventually killed during
that time. Wyatt also claimed to have killed "Curly" Bill Brochus,
a gunslinger from Tombstone, but it was never fully documented. However,
Brochus disappeared from Tombstone during that period of time and was never
seen again.
Bear River Tom Smith, who gained a reputation as a trouble shooter
for the Union Pacific Railroad during the unrest at Bear River City, Wyoming
in 1868, later became the Marshal of Abilene, Kansas.
Abilene was a tough town, where he carried two six shooters,
but enforced the law with his two fists. He later was appointed deputy
and under sheriff of the county.
On November 2, 1870, Tom, in company with another deputy, left
Abilene to arrest a man charged with murder. They found him living
in a dugout on Chapman Creek. His name was Andrew McConnell, and
he had a good friend named Moses Miles.
Miles was present when Tom told McConnell he was under arrest.
At that time, without warning, McConnell shot Smith in the chest.
Smith fired back and then wrestled McConnell to the ground. Miles
then came from behind and struck Smith on the head with his gun.
He then took an ax to Smith, almost cutting off his head. Smith's
deputy, who had not taken part in the fight, ran away to town for help.
Smith's killers were later convicted and sent to prison.
On April 15, 1871, James Butler Hickock was named Marshal of
Abilene.
"Wild Bill" Hickock served as marshal for eight months, ruling
Abilene with an iron hand and a fast gun. He was said to have been
one of the west's most dangerous gunfighters because of his coolness when
being shot at. This reputation alone, prevented many gun fights and
troubles in Abilene and the town became a law-abiding and peaceful place
to live.
In December, 1871, Bill was dismissed from his job, as "being
no longer needed."
Hickock ended up in the town of Deadwood, in Dakota territory,
in 1876. This was a mining town full of drifters, fortune hunters
and the usual collection of humanity.
One day, August 2, 1876, to be exact, while playing poker, a
drifter named Jack McCoy came up behind ìWild Billî and shot him
in the back of the head. He claimed that Hickock had killed his brother
in Kansas. He said he didn't dare meet Hickock face to face because,
"I didn't want to commit suicide."
Hickock held a poker hand at the time of his death, of aces and
eights. This became known as the "Deadman's Hand."
An outlaw named John Middleton joined the Belle Starr gang in
the Cherokee Nation, Indian Territory, around 1883 or 1884. He was
running from the law . . . two warrants in Arkansas charging Arson and
Larceny, and one from Texas, where he had gone to the home of a sheriff,
called him to the door, and shot him down. Belle was married to the
outlaw Sam Starr at the time, but took an instant romantic liking to Middleton.
Not long after joining the gang, Middleton was found near the
Poteau River in the Choctaw Nation with half of his head missing.
It was believed that Sam had ambushed Middleton after trailing him to the
river.
Belle then took up with a half-breed Indian named Blue Duck,
who, while on a drunken binge, had killed a farmer without provocation.
He had been sentenced to hang after being tried in Judge Parker's court,
but Belle managed to have his sentence commuted by President Cleveland.
During this period of time, Sam Starr was hiding from the law,
but made periodic attempts to get back to Belle at her home near Yonger's
Bend on the Canadian River. However, the Indian police were watching
for him, making it dangerous to show up at Belle's home. It seemed
his only way out was to surrender to the U. S. Marshal so the Indian police
couldn't touch him. This he did on October 11, 1886, when he rode
into Fort Smith to the federal court. Belle again hired attorneys
to get Sam out of jail while awaiting trial and he was released.
One day, Sam met one of the Indian police who had been a member
of a posse chasing him. He shot the policeman in the neck, who, as
he was falling, managed to shoot Sam in the chest, killing him.
In 1888, Belle married again. This time, to a Creek Indian
named Jim July, who was scheduled to be tried for stealing horses.
In February, 1889, Belle rode part of the way to Fort Smith with
him on his way to be tried. They parted company and Belle headed
for home. She never got there. She was found laying face down
near the Canadian River. She had been shot in the back with a load
of buckshot.
Her murder was never solved. There were several good suspects
who all had both motive and opportunity to kill her. No one was ever
charged.
Sheriff Jesse Tyler of Grand County, Utah, was in the Book Cliffs
near the Green River, looking for an outlaw named Tom Dilley. He
was accompanied by his deputies, Sam Jenkins, Herbert Day and a young man
named Mert Wade. What happened next is better explained by an eye witness
in the person of Herbert Day, who was only about fifty yards away when
the shooting occurred.
The Tyler posse had ridden only a short time when they discovered
a camp they believed was Indians. Tyler and Jenkins turned and went
toward it to investigate. They dismounted and approached the camp,
which was among some willows, leaving their rifles on the saddles, and
within a few yards of the outlaws Sheriff Tyler was heard to say "Hello
Boys." The reply made could not be heard by Deputy Day, but immediately
after it was made, Sheriff Tyler and Deputy Jenkins turned toward their
horses, evidently having discovered their mistake.
As soon as their backs were turned, the outlaws shot them through
the back, the bullets coming out of their breasts, killing them almost
immediately.
Day was a witness, but not in a position to offer any assistance.
He and Wade rode to Thompson, Utah, to report the killings.
Some time before Tyler died in the Book Cliffs, he had been involved
in the shooting of an outlaw named "Flat Nose" George Curry, during
a gun battle on the Green River. This outlaw had been a good friend
of Harvey Logan, better known as "Kid Curry." Logan had been in Texas
when he received word of the death of "Flat Nose" and was said to have
left Texas to find the man who had killed him. Whether he was actually
looking for Jesse Tyler at the time of the shooting is not known.
Harvey Logan, alias "Kid Curry" was one of the west's most vicious
killers. He is known to have killed three sheriffs and two deputies,
as well as five other men during his life, and there are probably others
who have not been accounted for. None were killed in "face to face"
shoot-outs, as depicted in the movies.
Logan died near Glenwood Springs, Colorado, surrounded by a posse,
where he shot himself in the head June 9, 1904.
There were many gunfighters in the west. They were a deadly
group, living their lives looking over their shoulders and sitting with
their backs to the wall, where they could watch the doors and windows.
They were good with the tools of their trade and seldom, if ever, fought
with each other. The men they killed were generally not in a class
with themselves.
Of course, there are always exceptions to the rule. Some
cases in point: Johnnie Wilson and Roger King, both professional
gunmen, who got into an argument as to which draw was the fastest, the
cross draw or the draw from the right hip with the right hand. This
argument ended in the street, where Wilson's cross draw was a fraction
of second slower than Kings. Wilson died
Luke Short and Charley Storms, also two professional gunfighters,
became involved in an argument. Storms invited Short to meet him
in the street. Some historians say that Storms offered Luke the first
shot. Others say this is not so. They say that Storms had been
drinking hard all night and had quarreled with a number of people.
When he and Luke met on the street, it is said that Storms grabbed Short
by the sleeve, pulling his own gun at the same time. Luke Short pulled
his own gun, and pressing it against the body of Storms, shot him twice.
Storms died.
The professional gunman had a deep respect for others of his
trade. Only as a last resort, would he become involved in a shoot-out
with another gunfighter who was as good as he was. If he did . .
. chances are that they would kill each other.
John Wesley Hardin, another professional gunman, left the town
of Abilene to keep from meeting Wild Bill Hickock, after he had shot a
man for snoring in the next room. He said that if Wild Bill could
get the drop on him, he would kill him, just to add to his reputation.
Hardin is said to have killed forty-two men prior to the time he was standing
at the bar of the Acme Saloon in El Paso, Texas, on August 19, 1895, with
his back to the door. It was at this time, that a lawman named John
Selman, himself a noted gunfighter, stepped through the door of the saloon
and shot Hardin in the back of the head, killing him instantly.
Selman justified this shooting by claiming that Hardin could
see him in the mirror back of the bar and had reached for his gun.
John Selman, who had been an outlaw at one time, then turned
lawman, was known to have killed twenty men and was suspected in the death
of eleven more. He became involved in an argument with U.S. Marshal
George Scarborough over a card game. Approximately three months later,
they met in the Wigwam Saloon at El Paso. This was on April 6, 1896.
Both men, who had been drinking, left the saloon together, and a short
time later, shots were fired. Scarborough came back into the saloon
and told those present he had killed Selman. Selman was found dying
in the alley next to the saloon.
This may sound strange, but most gunfighters never looked for
trouble unless they were being paid or unless it was forced upon them.
Many men who died were those who challenged the gunfighter to try and gain
a reputation. Most lost because they could not match the skill of
the professional.
Very few gun fights were ever settled by a "quick draw."
Most participants already had a gun in their hand when the fight started.
Each man looked for that "edge" that would give him the advantage . . .
surprise . . . a hideout gun. Anything that kept them alive.
As the handgun was the most available weapon, it was the gun
most often used. However, if a fight was anticipated, the sawed-off
shotgun was the short range weapon favored by most.
In his book, THE GUNFIGHTER, MAN OR MYTH, Joseph G. Rosa said:
"The more deeply a historian delves into the activities of the
heroes and villains of the Old West, the clearer becomes the image of the
men behind the legend. All of them were flawed. Some had strength
of character, which tended to overshadow their faults and weaknesses; others
had few visible virtues and little to commend them. The qualities
they shared . . . pride, arrogance and indifference to human life . . .
and the destructive emotions that drove them . . . fear, anger, resentment
and jealousy . . . place them well and truly among men and not immortals."
