Recollections of a Pioneer

by J. W. Gibson

After meeting Fish I went on, and on Third Street I met two policemen. They asked me to go into a saloon and have a drink. I went in and took a toddy and while there one of them slipped a Colt's navy in my hand and told me to protect myself. I felt much safer with such and old acquaintance with me, for I did not know when some of my old war enemies might undertake to make trouble for me.

Two indictments were pending against me—one for horse stealing and one for an assault upon Fish with intent to kill. I went about my affairs until court convened. On the morning the case was called Fish and Lemons were both present. I went in and sat down very close to them and where I could look directly in their faces. Neither of them would look at me, but kept their eyes upon the floor or wandering about the court room. My counsel, Judge Tutt, took a change of venue and the cases were sent to Platte City.

Judge Parker gave me an order upon Fish for my money and my guns. Brother William, who had returned from the west, went with me to get them. We got the money and one gun. Fish said the other gun had been taken to Easton by one of his deputies and that he would get it for us later. In a few days William and I went back for the other gun and on our way to the court house met Fish, hurrying away to catch a train, so he said. When we asked him about the gun he said he would not stop to talk to us as he was in a great hurry. William told him he would stop, that he came for that gun and intended to have it. Fish insisted that he did not have time to get it for us. William said, "time or no time, we will have that gun and have it now!" So we turned him round and marched him to the court house and got the navy and told him he might then go to his train.

Court convened in Platte City in May. I felt sure that neither Fish nor Lemons would appear against me. Fish had said that he had found a man that would shoot and that he had taken desperate chances in attempting to arrest me. I knew he was afraid of his shadow and that Platte County was the scene of many of his misdeeds during the war. As for Lemons, and the horse stealing charge, I felt equally sure there would be no prosecution, but on the day court convened I went down prepared for trial. I reached Platte City the day before the case was to be called. I met the sheriff of that county and told him about my case. He asked me who the sheriff of Buchanan County was, and when I told him he said Fish would never come to Platte County; that he had done too much mischief there during the war, hanging and robbing gray-haired men.

Next morning when court opened I walked inside the bar and directly in front of the judge. No one knew me. The judge opened his docket and commenced calling over the cases. In a few moments he called my case and no one answered. He called the second time and I arose and said, "the defendant is present and ready for trial." "Where is he?" asked the judge. "I am the man," said I. The judge then asked where my counsel was. I told him I had none; that Judge Tutt of St. Joseph had promised to look after my cases, but he had not yet arrived. The judge then told the sheriff to go to the front door and call the prosecuting witnesses three times. The sheriff did so but no one answered. The cases were dismissed and I was released from my heavy bonds and went out of the court room a free man, much to the satisfaction of my good friends, Matt Evans, Bennett Reece, Ham Ray, Tom Finch and others who had gone along as witnesses.

The cases were dismissed in May, 1867. I came home from Platte City and from that day to this have never heard of them. Lemons said his horse was taken from the stable at twelve o'clock, broad daylight. The truth is that at ten o'clock the night before he claimed his horse was taken, and while I was not in the country, that same man, with others, led away from my place eleven head of horses and mules and no member of my family ever saw them again. I never thought of calling them to account for it. It was war times, and, after the war was over, I felt too thankful to have escaped with my life ever to attempt to hold the conduct of any man during that period against him.

I went to work at whatever I could find to do to make an honest living. All my toil and hardship on the plains, by which I had accumulated a comfortable fortune before the war, had been spent in vain, and I had to begin anew and under very trying conditions. I asked nothing but to be let alone, and it now looked as if this wish of my heart might be gratified.