The third brother, after serving the specified period in what is called the Penitentiary, took his way south, where he was again committed for robbery, and sentenced to five years' confinement in the Louisiana State Prison. At the expiration of that period he started for home, but when near the island of Sixty-six, on the Mississippi, he concluded to take a trunk and jump overboard. This feat he accomplished successfully; but unluckily for him, it was in the same year in which so many outlaws were put to death by the citizens, and having connected himself with a band who were at that time flooding the river with counterfeit coin, negro-stealing, and indulging in all manner of villany, he was taken by a company, and with about forty others put to death, some being shot, and others tied up in sacks and thrown into the Mississippi.
The fifth brother was now in the Ohio Penitentiary, the fourth in the Indiana State Prison, but the eldest brother was released from confinement, and returned to Cincinnati. His long confinement, however, seems to have had no very beneficial effect, for in a few months he was again convicted of petit larceny, and sentenced to serve in the chain gang. Here he conducted himself so well as to gain the unqualified commendation of one of the drivers, who in consequence treated him indulgently. About this period, there was much excitement, caused by the frequency of night robberies, and no trace of the thieves could be found, by which they could be detected. The most vigilant means were used, and many were sent to the jails and penitentiary, but still the robberies went on. Among those committed at this period, was the fifth brother, who for a short period had enjoyed his liberty. The eldest brother served out his time in the chain gang, and after being liberated, suddenly disappeared; and, which surprised many, the driver of the chain gang disappeared at the same time. A day or two after their disappearance, a drover from Kentucky, who had been at Cincinnati, and was on his way home, was taken from his horse, robbed, his throat cut, and left for dead upon the road side. They had, however, merely severed the windpipe, and on being discovered, he was able to give such information as led to the detection of the driver and his friend, the convict. They were arrested, and identified by the mangled drover; and the citizens, knowing the desperate character of the elder brother, who had served an apprenticeship in their own State Prison, gave them a trial according to "Lynch" custom, and hung them both. Thus ended the life of the eldest of the brothers—the third who had suffered the penalty of death for their crimes.
The suspicions of the people were excited by this occurrence, and a train of investigation set on foot which left no doubt but that the recent robberies were committed by the chain driver and his gang. At night they were freed from their chains, allowed to prowl about and plunder, and brought their spoils to the prison, where it could easily be stowed away without suspicion. We believe that we are quite within the mark, if we attribute one-eighth of the robberies committed in large cities, to the police, or perpetrated with their connivance. Many, we hesitate not to say, are done by men whom the public believe to be in prison. It has become a proverb, "Set a thief to catch a thief," and the public seem to have acquiesced that thus it shall ever be. There is an allowed and constant connection between the criminal and the officer engaged in suppressing crime, but whether it be necessary and unavoidable, or the best disposition possible, deserves some consideration. The hangman is in general only a little more fortunate than his culprit. The leader of a band of Regulators is commonly more ferocious, and as lawless as the victim against whom his fury is directed. The lawyer unscrupulously pockets a fee, which he knows has been obtained by the plunder of the citizen. Not a few of them hang about our jails, prying into the means of the prisoners, and divide with them the spoil, sheltering themselves from communicating any disclosures they make under their judicial privileges. But if justice be the end of the law, why should the communications of a prisoner to his counsel be held sacred? If the case be undefensible otherwise, why should it be defended, unless it be to give a fee to the lawyer, at the expense of justice? With all deference to the legislators of our country, and to the gentlemen of the legal profession, this seems a privilege not to be envied: to know that you are assisting to defraud, but debarred by custom from disclosing it; to know that the culprit is guilty, and deserves punishment or restraint, but to send him forth again upon society to commit further crime.
Our readers may be anxious to know what became of the other two brothers, the fourth and fifth. At this moment we believe they are both in the State Prison. Now how was the ruin of this once respectable family accomplished? Why did the fate of the elder not deter the younger from crime? Were they merely drawn along by the contagion of ill-example, or were there more potent influences at work in their destruction? And why did punishment and penitentiaries do so little in their reformation? The greater part of their lives were passed within their walls, cut off from the influence of evil, but we see no sanitory effect. We will not answer these questions directly, but in the course of this work will supply the reader with materials to answer them for himself. We have every reason to believe that the eldest and the second were entangled in the meshes of The Secret Band of Brothers, in a manner from which there was no escape. They are ever on the look-out for any individual who has forfeited his character, and who promises by his ingenuity or dexterity to be a fit tool for their purposes. Their agents are to be found in all the professions, in the magistracy, and in the prisons and penitentiaries; sometimes, under the vail of hypocrisy, assuming a fair exterior at the time they are engaged in all manner of villany; at other times, when their influence in any place is in the ascendency, openly showing their real character. Men can be found in many of our towns so notoriously profligate, that not one individual in the place could be found that would say they were honest men, yet through solicitation, party spirit, and sometimes through fear, they are elected to official stations. It is one of the leading objects of the Secret Band, to have as many of the brotherhood in the magistracy as possible, and neither money nor importunity are spared to effect their object. They know what they are about: they are too sagacious to suppose that a thief will catch a thief; that a gambler will suppress gambling, or a drunkard promote temperance; and it would be well that those who really desire any of these objects, were equally "wise in their generation."
CHAPTER XIV.
The spring of 1833 found me travelling through the Choctaw nation, which, at that time, with the exception of the government posts, was a wilderness. Fort Towson, Duxborough, Jonesborough, Lost Prairie, Horse Prairie, Pecan Point, and several other places throughout this wild and newly settled country, were crowded with every kind and description of people from the states, from, the government agents and contractors to the wild and mysterious refugee—the latter being very numerous, and having settled upon the south side of Red river, to evade the pursuit of the United States' officer of justice, that portion then being considered within the boundaries of Texas. The whole region was one of peculiar debasement in all respects. As might be suspected, seasoned as it was with such a population, drunkenness, debauchery, and murder walked abroad, hand in hand, day and night. Human life was valued no higher than the life of an ox or a hog, and the heart of the settlement was cold, and palsied to the most remote touch of feeling, and hardened to the recital of brutalities and crimes of the most indescribable enormity. Men talked of their evil doings, their deep, revolting guilt, with the most impudent freedom, and laughed and chuckled over them as though they were the best jokes in the world!
It was in one of the Texan settlements, in this rude, wicked tract of country, that an incident came to my knowledge, quite by accident, which I will relate. The settlement contained some seventy to eighty people, men, women, and children, white and black. I was taking a stroll with one of the settlers among the cabins and huts, he being familiar with the occupants of each, their habits and history. When we passed a spot worth notice, he gave me the character of the owner, his wealth, &c., and although all about the settlement wore an appearance of the most abject poverty, I was surprised to find the wealth which many of the inhabitants of so desolate, dreary, and forbidding a place possessed. We finally came to a small log cabin, at the extreme end of the settlement, apparently about twenty feet in length by eighteen deep, a story and a half high.
"Who lives here?" said I.