CHAPTER VII

THE EVOLUTION OF A TRAIN ROBBER

Life was never dull in Grant County, New Mexico, in the early eighties. There was always something doing—usually something the average law-abiding, peace-loving citizen would have been glad enough to dispense with. To say that life then and there was insecure is to describe altogether too feebly a state of society and an environment wherein Death, in one violent form or another, was ever abroad, seldom long idle, always alert for victims.

When the San Carlos Apaches, under Victoria, Ju, or Geronimo, were not out gunning for the whites, the whites were usually out gunning for one another over some trivial difference. Everybody carried a gun and was more or less handy with it. Indeed, it was a downright bad plan to carry one unless you were handy. For with gunning—the game most played, if not precisely the most popular—every one was supposed to be familiar with the rules and to know how to play; and in a game where every hand is sure to be "called," no one ever suspected another of being out on a sheer "bluff." Thus the coroner invariably declared it a case of suicide where one man drew a gun on another and failed to use it.

This highly explosive state of society was not due to the fact that there were few peaceable men in the country for there were many of them, men of character and education, honest, and as law-abiding as their peculiar environment would permit. Moreover, the percentage of professional "bad men"—and this was a profession then—was comparatively small. It was due rather to the fact that every one, no matter how peaceable his inclinations, was compelled to carry arms habitually for self-defence, for the Apaches were constantly raiding outside the towns, and white outlaws inside. And with any class of men who constantly carry arms, it always falls out that a weapon is the arbiter of even those minor personal differences which in the older and more effete civilization of the East are settled with fists or in a petty court.

The prevailing local contempt for any man who was too timid to "put up a gun fight" when the etiquette of a situation demanded it, was expressed locally in the phrase that one "could take a corncob and a lightning bug and make him run himself to death trying to get away." It is clearly unnecessary to explain why the few men of this sort in the community did not occupy positions of any particular prominence. Their opinions did not seem to carry as much weight as those of other gentlemen who were known to be notably quick to draw and shoot.

I even recall many instances where the pistol entered into the pastimes of the community. One instance will stand telling:

A game of poker (rather a stiff one) had been going on for about a fortnight in the Red Light Saloon. The same group of men, five or six old friends, made up the game every day. All had varying success but one, who lost every day. And, come to think of it, his luck varied too, for some days he lost more than others. While he did not say much about his losings, it was observed that temper was not improving.

This sort of thing went on for thirteen days. The thirteenth day the loser happened to come in a little late, after the game was started. It also happened that on this particular day one of the players had brought in a friend, a stranger in the town, to join the game, When the loser came in, therefore, he was introduced to the stranger and sat down. A hand was dealt him. He started to play it, stopped, rapped on the table attention, and said:

"Boys, I want to make a personal explanation to this yere stranger. Stranger, this yere game is sure a tight wad for a smoothbore. I'm loser in it, an' a heavy one, for exactly thirteen days, and these boys all understand that the first son of a gun I find I can beat, I'm going to take a six-shooter an' make him play with me a week. Now, if you has no objections to my rules, you can draw cards."

Luckily for the stranger, perhaps, the thirteenth was as bad for the loser as its predecessors.

Outside the towns there were only three occupations in Grant County in those years, cattle ranching, mining and fighting Apaches, all of a sort to attract and hold none but the sturdiest types of real manhood, men inured to danger and reckless of it. In the early eighties no faint-heart came to Grant County unless he blundered in—and any such were soon burning the shortest trail out. These men were never better described in a line than when, years ago, at a banquet of California Forty-niners, Joaquin Miller, the poet of the Sierras, speaking of the splendid types the men of forty-nine represented, said:

"The cowards never started, and all the weak died on the road!"

Within the towns, also, there were only three occupations: first, supplying the cowmen and miners whatever they needed, merchandise wet and dry, law mundane and spiritual, for although neither court nor churches were working overtime, they were available for the few who had any use for them; second, gambling, at monte, poker, or faro; and, third, figuring how to slip through the next twenty-four hours without getting a heavier load of lead in one's system than could be conveniently carried, or how to stay happily half shot and yet avoid coming home on a shutter, unhappily shot, or, having an active enemy on hand, how best to "get" him.

Thus, while plainly the occupations of Grant County folk were somewhat limited in variety, in the matter of interest and excitement their games were wide open and the roof off.

Nor did all the perils to life in Grant County lurk within the burnished grooves of a gun barrel, according to certain local points of view, for always it is the most unusual that most alarms, as when one of my cowboys "allowed he'd go to town for a week," and was back on the ranch the evening of the second day. Asked why he was back so soon, he replied:

"Well, fellers, one o' them big depot water tanks burnt plumb up this mawnin', an' reckonin' whar that'd happen a feller might ketch fire anywhere in them little old town trails, I jes' nachally pulled my freight for camp!"

But a cowboy is the subject of this story—Kit Joy. His genus, and striking types of the genus, have been cleverly described, especially by Lewis and by Adams (some day I hope to meet Andy) that I need say little of it here. Still, one of the cowboy's most notable and most admirable traits has not been emphasized so much as it deserves: I mean his downright reverence and respect for womanhood. No real cowboy ever wilfully insulted any woman, or lost a chance to resent any insult offered by another. Indeed, it was an article of the cowboy creed never broken, and all well knew it. So it happened that when one day a cowboy, in a crowded car of a train held up by bandits, was appealed to by an Eastern lady in the next seat,—

"Heavens! I have four hundred dollars in my purse which I cannot afford to lose; please, sir, tell me how I can hide it."

Instantly came the answer:

"Shucks! miss, stick it in yer sock; them fellers has nerve enough to hold up a train an' kill any feller that puts up a fight, but nary one o' them has nerve enough to go into a woman's sock after her bank roll!"

Kit Joy was a cowboy working on the X ranch on the Gila. He was a youngster little over twenty. It was said of him that he had left behind him in Texas more or less history not best written in black ink, but whether this was true or not I do not know. Certain it is that he was a reckless dare-devil, always foremost in the little amenities cowboys loved to indulge in when they came to town such as shooting out the lights in saloons and generally "shelling up the settlement,"—which meant taking a friendly shot at about everything that showed up on the streets. Nevertheless, Kit in the main was thoroughly good-natured and amiable.

Early in his career in Silver City it was observed that perhaps his most distinguishing trait was curiosity. Ultimately his curiosity got him into trouble, as it does most people who indulge it. His first display of curiosity in Silver was a very great surprise, even to those who knew him best. It was also a disappointment.

A tenderfoot, newly arrived, appeared on the streets one day in knickerbockers and stockings. Kit was in town and was observed watching the tenderfoot. To the average cowboy a silk top hat was like a red flag to a bull, so much like it in fact that the hat was usually lucky to escape with less than half a dozen holes through it. But here in these knee-breeches and stockings was something much more bizarre and exasperating than a top hat, from a cowboy's point of view. The effect on Kit was therefore closely watched by the bystanders.

No one fancied for a moment that Kit would do less than undertake to teach the tenderfoot "the cowboy's hornpipe," not a particularly graceful but a very quick step, which is danced most artistically when a bystander is shooting at the dancer's toes. Indeed, the ball was expected to open early. To every one's surprise and disappointment, it did not. Instead, Kit dropped in behind the tenderfoot and began to follow him about town—followed him for at least an hour. Every one thought he was studying up some more unique penalty for the tenderfoot. But they were wrong, all wrong.

As a matter of fact. Kit was so far consumed with curiosity that he forgot everything else, forgot even to be angry. At last, when he could stand it no longer, he walked up to the tenderfoot, detained him gently by the sleeve and asked in a tone of real sympathy and concern: "Say, mistah! 'Fo' God, won't yo' mah let yo' wear long pants?"

Naturally the tenderfoot's indignation was aroused and expressed, but Kit's sympathies for a man condemned to such a juvenile costume were so far stirred that he took no notice of it.

Kit was a typical cowboy, industrious, faithful, uncomplaining, of the good old Southern Texas breed. In the saddle from daylight till dark, riding completely down to the last jump in them two or three horses a day, it never occurred to him even to growl when a stormy night, with thunder and lightning, prolonged his customary three-hour's turn at night guard round the herd to an all-night's vigil. He took it as a matter of course. And his rope and running iron were ever ready, and his weather eye alert for a chance to catch and decorate with the X brand any stray cattle that ventured within his range. This was a peculiar phase of cowboy character. While not himself profiting a penny by these inroads on neighboring herds, he was never quite so happy as when he had added another maverick to the herd bearing his employer's brand, an increase always obtained at the expense of some of the neighbors.

One night on the Spring round-up, the day's work finished, supper eaten, the night horses caught and saddled, the herd in hand driven into a close circle and bedded down for the night in a little glade in the hills, Kit was standing first relief. The day's drive had been a heavy one, the herd was well grazed and watered in the late afternoon, the night was fine; and so the twelve hundred or fifteen hundred cattle in the herd were lying down quietly, giving no trouble to the night herders. Kit, therefore, was jogging slowly round the herd, softly jingling his spurs and humming some rude love song of the sultry sort cowboys never tire of repeating. The stillness of the night superinduced reflection. With naught to interrupt it, Kit's curiosity ran farther afield than usual.

Recently down at Lordsburg, with the outfit shipping a train load of beeves, he had seen the Overland Express empty its load of passengers for supper, a crowd of well-dressed men and women, the latter brilliant with the bright colors cowboys love and with glittering gems. To-night he got to thinking about them.

Wherever did they all come from? How ever did they get so much money? Surely they must come from 'Frisco. No lesser place could possibly turn out such magnificence. Then Kit let his fancy wander off into crude cowboy visions of what 'Frisco might be like, for he had never seen a city.

"What a buster of a town 'Frisco must be!" Kit soliloquized. "Must have more'n a hundred saloons an' more slick gals than the X brand has heifers. What a lot o' fun a feller could have out thar! Only I reckon them gals wouldn't look at him more'n about onct unless he was well fixed for dough. Reckon they don't drink nothin' but wine out thar, nor eat nothin' but oysters. An' wine an' oysters costs money, oodles o' money! That's the worst of it! S'pose it'd take more'n a month's pay to git a feller out thar on the kiars, an' then about three months' pay to git to stay a week. Reckon that's jes' a little too rich for Kit's blood. But, jiminy! Wouldn't I like to have a good, big, fat bank roll an' go thar!"

Here was a crisis suddenly come in Kit's life, although he did not then realize it. It is entirely improbable he had ever before felt the want of money. His monthly pay of thirty-five dollars enabled him to sport a pearl-handled six-shooter and silver-mounted bridle bit and spurs, kept him well clothed, and gave him an occasional spree in town. What more could any reasonable cowboy ask?

But to-night the very elements and all nature were against him. Even a light dash of rain to rouse the sleeping herd, or a hungry cow straying out into the darkness, would have been sufficient to divert and probably save him; but nothing happened. The night continued fine. The herd slept on. And Kit was thus left an easy prey, since covetousness had come to aid curiosity in compassing his ruin.

"A bank roll! A big, fat, full-grown, long-horned, four-year-old roll! That's what a feller wants to do 'Frisco right. Nothin' less. But whar's it comin' from, an' when? S'pose I brands a few mavericks an' gits a start on my own? No use, Kit; that's too slow! Time you got a proper roll you'd be so old the skeeters wouldn't even bite you, to say nothin' of a gal a-kissin' of you. 'Pears like you ain't liable to git thar very quick, Kit, 'less you rustles mighty peart somewhar. Talkin' of rustlin', what's the matter with that anyway?"

A cold glitter came in Kit's light blue eyes. The muscles of his lean, square jaws worked nervously. His right hand dropped caressingly on the handle of his pistol.

"That's the proper caper, Kit. Why didn't you think of it before? Rustle, damn you, an', ef you're any good, mebbe so you can git to 'Frisco afore frost comes, or anywhere else you likes. Rustle! By jiminy, I've got it; I'll jes' stand up that thar Overland Express. Them fellers what rides on it's got more'n they've got any sort o' use for. What's the matter with makin' 'em whack up with a feller! 'Course they'll kick, an' thar'll be a whole passle o' marshals an' sheriffs out after you, but what o' that? Reckon Old Blue'll carry you out o' range. He's the longest-winded chunk o' horse meat in these parts. Then you'll have to stay out strictly on the scout fer a few weeks, till they gits tired o' huntin' of you, so you can slip out o' this yere neck o' woods 'thout leavin' a trail.

"An' Lord! but won't it be fun! 'Bout as much fun, I reckon, as doin' 'Frisco. Won't them tenderfeet beller when they hears the guns a-crackin' an' the boys a-yellin'! Le' see; wonder who I'd better take along?"

Scruples? Kit had none. Bred and raised a merry freebooter on the unbranded spoils of the cattle range, it was no long step from stealing a maverick to holding up a train.

With a man of perhaps any other class, a plan to engage in a new business enterprise of so much greater magnitude than any of those he had been accustomed to would have been made the subject of long consideration. Not so with Kit. Cowboy life compels a man to think quickly, and often to act quicker than he finds it convenient to think. The hand skilled to catch the one possible instant when the wide, circling loop of the lariat may be successfully thrown, and the eye and finger trained to accurate snap-shooting, do not well go with a mind likely to be long in reaching a resolution or slow to execute one.

So Kit at once began to cast about for two or three of the right sort of boys to join him. Three were quickly chosen out of his own and a neighboring outfit. They were Mitch Lee and Taggart, two white cowboys of his own type and temper, and George Cleveland, a negro, known as a desperate fellow, game for anything. It needed no great argument to secure the co-operation of these men. A mere tip of the lark and the loot to be had was enough.

The boys saw their respective bosses. They "allowed they'd lay off for a few days and go to town." So they were paid off, slung their Winchesters on their saddles, mounted their favorite horses, and rode away. They met in Silver City, coming in singly. There they purchased a few provisions. Then they separated and rode singly out of town, to rendezvous at a certain point on the Miembres River.

The point of attack chosen was the little station of Gage (tended by a lone operator), on the Southern Pacific Railway west of Deming, a point then reached by the west-bound express at twilight. The evening of the second day after leaving the Gila, Kit and his three compadres rode into Gage. One or two significant passes with a six-shooter hypnotized the station agent into a docile tool. A dim red light glimmered away off in the east. As the minutes passed, it grew and brightened fast. Then a faint, confused murmur came singing over the rails to the ears of the waiting bandits. The light brightened and grew until it looked like a great dull red sun, and then the thunder of the train was heard.

Time for action had come!

The agent was made to signal the engineer to stop. With lever reversed and air brakes on, the train was nearly stopped when the engine reached the station. But seeing the agent surrounded by a group of armed men, the engineer shut off the air and sought to throw his throttle open. His purpose discovered, a quick snapshot from Mitch Lee laid him dead, and, springing into the cab, Mitch soon persuaded the fireman to stop the train.

Instantly a fusillade of pistol shots and a mad chorus of shrill cowboy yells broke out, that terrorized train crew and passengers into docility.

Within fifteen minutes the express car was sacked, the postal car gutted, the passengers were laid under unwilling contribution, and Kit and his pals were riding northward into the night, heavily loaded with loot. Riding at great speed due north, the party soon reached the main travelled road up the Miembres, in whose loose drifting sands they knew their trail could not be picked up. Still forcing the pace, they reached the rough hill-country east of Silver early in the night, cached their plunder safely, and a little after midnight were carelessly bucking a monte game in a Silver City saloon. The next afternoon they quietly rode out of town and joined their respective outfits, to wait until the excitement should blow over.

Of course the telegraph soon started the hue and cry. Officers from Silver, Deming, and Lordsburg were soon on the ground, led by Harvey Whitehill, the famous old sheriff of Grant County. But of clue there was none. Naturally the station agent had come safely out of his trance, but with that absence of memory of what had happened characteristic of the hypnotized. The trail disappeared in the sands of the Miembres road. Shrewd old Harvey Whitehill was at his wits' end.

Many days passed in fruitless search. At last, riding one day across the plain at some distance from the line of flight north from Gage, Whitehill found a fragment of a Kansas newspaper. As soon as he saw it he remembered that a certain merchant of Silver came from the Kansas town where this paper was published. Hurrying back to Silver, Whitehill saw the merchant, who identified the paper and said that he undoubtedly was its only subscriber in Silver. Asked if he had given a copy to any one, he finally recalled that some time before, about the period of the robbery, he had wrapped in a piece this newspaper some provisions he had sold to a negro named Cleveland and a white man he did not know.

Here was the clue, and Whitehill was quick to follow it. Meeting a negro
on the street, he pretended to want to hire a cook. The negro had a job.
Well, did he not know some one else? By the way, where was George
Cleveland?

"Oh, boss, he done left de Gila dis week an' gone ober to Socorro," was the answer.

Two days later Whitehill found Cleveland in a Socorro restaurant, got the "drop" on him, told him his pals were arrested and had confessed that they were in the robbery, but that he, Cleveland, had killed Engineer Webster. This brought the whole story.

"'Foh God, boss, I nebber killed dat engineer. Mitch Lee done it, an' him an' Taggart an' Kit Joy, dey done lied to you outrageous."

Within a few days, caught singly, in ignorance of Cleveland's arrest, and taken completely by surprise, Joy, Taggart, and Lee were captured on the Gila and jailed, along with Cleveland, at Silver City, held to await the action of the next grand jury.

But strong walls did not a prison make adequate hold these men. Before many weeks passed, an escape was planned and executed. Two other prisoners, one a man wanted in Arizona, and the other a Mexican horse-thief, were allowed to participate in the outbreak.

Taken unawares, their guard was seized and bound with little difficulty. Quickly arming themselves in the jail office, these six desperate men dashed out of the jail and into a neighboring livery stable, seized horses, mounted, and rode madly out of town, firing at every one in sight. In Silver in those days no gentleman's trousers fitted comfortably without a pistol stuck in the waistband. Therefore, the flying desperadoes received as hot a fire as they sent. By this fire Cleveland's horse was killed before they got out of town, but one of his pals stopped and picked him up.

Instantly the town was in an uproar of excitement. Every one knew that the capture of these men meant a fight to the death. As usual in such emergencies, there were more talkers than fighters. Nevertheless, six men were in pursuit as soon as they could saddle and mount. The first to start was the driver of an express wagon, a man named Jackson, who cut his horse loose from the traces, mounted bareback, and flew out of town only a few hundred yards behind the prisoners. Six others, led by Charlie Shannon and La Fer, were not far behind Jackson. The men of this party were greatly surprised to find that a Boston boy of twenty, a tenderfoot lately come to town, who had scarcely ever ridden a horse or fired a rifle, was among their number, well mounted and armed—a man with a line of ancestry worth while, and himself a worthy survival of the best of it.

The chase was hot. Jackson was well in advance, engaging the fugitives with his pistol, while the fugitives were returning the fire and throwing up puffs of dust all about Jackson. Behind spurred Shannon and his party.

At length the pursuit gained. Five miles out of Silver, in the Piñon Hills to the northwest, too close pressed to run farther, the fugitives sprang from their horses and ran into a low post oak thicket covering about two acres, where, crouching, they could not be seen. The six pursuers sent back a man to guide the sheriff's party and hasten reinforcements, and began shelling the thicket and surrounding it. A few minutes later Whitehill rode up with seven more men, and the thicket was effectually surrounded. To the surprise of every one, a hot fire poured into the thicket failed to bring a single answering shot. Whitehill was no man to waste ammunition on such chance firing, so he ordered a charge. His little command rode into and through the thicket at full speed, only to find their quarry gone, gone all save one. The Mexican lay dead, shot through the head! Kit's party had dashed through the thicket without stopping, on to another, and their trail was shortly found leading up a rugged cañon of the Pinos Altos Range.

Whitehill divided his party. Three men followed up the bottom of the cañon on foot, five mounted flankers were thrown out on either side. At last, high up the cañon, Kit's party was found at bay, lying in some thick underbrush. It was a desperate position to attack, but the pursuers did not hesitate. Dismounting, they advanced on foot with rifles cocked, but with all the caution of a hunter trailing a wounded grizzly. The negro opened the ball at barely twenty yards' range with a shot that drove a hole through the Boston boy's hat. Dropping at first with surprise, for he had not seen the negro till the instant he rose to fire, the Boston boy returned a quick shot that happened to hit the negro just above the centre of the forehead and rolled him over dead.

Approaching from another direction, Shannon was first to draw Taggart's file. Taggart was lying hidden in the brush; Shannon standing out in the open. Shot after shot they exchanged, until presently a ball struck the earth in front of Taggart's face and filled his eyes full of gravel and sand. Blinded for the time, he called for quarter, and came out of the brush with his hands up and another man with him. Asked for his pistol, Taggart replied:

"Damn you, that's empty, or I'd be shooting yet."

Meantime, Whitehill was engaging Mitch Lee. In a few minutes, shot through and helpless, Lee surrendered.

It was quick, hot work!

All but Kit were now killed or captured. He had been separated from his party, and La Fer was seen trailing him on a neighboring hillside.

At this juncture the sheriff detailed Shannon to return to town and get a wagon to bring in the dead and wounded, while he started to join La Fer in pursuit of Kit.

An hour later, as Shannon was leaving town with a wagon to return to the scene of the fight, a mob of men, led by a shyster lawyer, joined him and swore they proposed to lynch the prisoners. This was too much for Shannon's sense of frontier proprieties. So, rising in his wagon, he made a brief but effective speech.

"Boys, none of our men are hurt, although it is no fault of our prisoners. A dozen of us have gone out and risked our lives to capture these men. You men have not seen fit, for what motives we will not discuss, to help us. Now, I tell you right here that any who want can come, but the first man to raise a hand against a prisoner I'll kill."

Shannon's return escort was small.

But once more back in the hills of the Pinos Altos, Shannon found a storm raised he could not quell, even if his own sympathies had not drifted with it when he learned its cause. His friend La Fer lay dead, filled full of buckshot by Kit before Whitehill's reinforcements had reached him, while Kit had slipped away through the underbrush, over rocks that left no trail.

La Fer's death maddened his friends. There was little discussion. Only one opinion prevailed. Taggart and Lee must die.

Nothing was known of the prisoner wanted in Arizona, so he was spared.

Taggart and Lee were put in the wagon, the former tightly bound, the latter helpless from his wound. Short rope halters barely five feet long were stripped from the horses, knotted round the prisoners' necks, and fastened to the limb of a juniper tree. Taggart climbed to the high wagon seat, took a header and broke his neck. The wagon was then pulled away and Lee strangled.

With Cleveland, Lee, and Taggart dead, Engineer Webster and La Fer were fairly well avenged. But Kit was still out, known as the leader and the man who shot La Fer, and for days the hills were full of men hunting him. Hiding in the rugged, thickly timbered hills of the Gila, taking needed food at night, at the muzzle of his gun, from some isolated ranch, he was hard to capture.

Had Kit chosen to mount himself and ride out of the country, he might have escaped for good. But this he would not do. Dominated still by the fatal curiosity and covetousness that first possessed him, later mastered him, and then drove him into crime, bound to repossess himself of his hidden treasure and go out to see the world, Kit would not leave the Gila. He was alone, unaided, with no man left his friend, with all men on the alert to capture or to kill him, the unequal contest nevertheless lasted for many weeks.

There was only one man Kit at all trusted, a "nester" (small ranchman) named Racketty Smith. One day, looking out from a leafy thicket in which he lay hid, saw Racketty going along the road. A lonely outcast, craving the sound of a human voice, believing Racketty at least neutral, Kit hailed him and approached. As he drew near, Racketty covered him with his rifle and ordered him to surrender. Surprised, taken entirely unawares, Kit started to jump for cover, when Racketty fired, shattered his right leg and brought him to earth. To spring upon and disarm Kit was the work of an instant.

Kit was sentenced to imprisonment at Santa Fe. A few years ago, having gained three years by good behavior, Kit was released, after having served fourteen years.

However Kit may still hanker for "a big, fat, four-year-old, long-horned bank roll," and whatever may be his curiosity to "do 'Frisco proper," it is not likely he will make any more history as a train robber, for at heart Kit was always a better "good man" than "bad man."