"Have they found the body?" were the first words that fell from his lips, which he doubtless would not have uttered had I not caught him off his guard. I told him they had, which was false.
"You want to take me away with you and not let me see my wife and bid her good-bye?"
I informed him that I would, telling him that she could come to see him if she liked. He offered all manner of excuses to get back to his house. After I had listened awhile I gave him two minutes to get off the boat and take the road, which he did at once. I did not try to put the handcuffs on him alone, not wishing to give him any drop on me whatever.
I made him take the road ahead of me, and we started on our way for Jacksonville. After we had gone some two miles in the direction of Canyonville an old gentleman and his son overhauled us with a wagon, and I had the old man put the handcuffs on him, after which I allowed him to get into the wagon with the other two men and ride to Canyonville. When I put him in the little lock-up which they had there for such occasions and went and hunted up the constable and asked him to look after Barton until I would return. I could get no satisfaction from him, so I went to a merchant in town and related the whole circumstance to him and asked him to keep a watch or tell me of some one whom I could hire to look after him that I could rely upon. He assured me that he would look after a man, put him there to watch and then we would be sure that he would be safe. I then mounted my horse and was off for Buckley, who I found without difficulty, arrested him, and started on my way back to Canyonville.
He came so near admitting the crime that I was sure I had the two guilty men. I got back with my prisoner just in time to take the stage for Jacksonville. Leaving my horse at the livery stable, I instructed the liveryman to send him at once to Jacksonville and I would pay all charges. I handcuffed both prisoners and had them shackled together, put them in the stage and started to Jacksonville with them. I wired the sheriff that I had both of the guilty parties and would be at Jacksonville on the stage, which was due about six o'clock the next morning.
The sheriff and his deputies met us that morning at the edge of town. It had been noised around that I would be in and they were somewhat afraid of a mob, but we succeeded in getting to the jail all safe, and not until then had I the faintest idea that I had stepped beyond my official duty in arresting those men without a warrant and bringing them into another county.
These were the first white prisoners that I had ever had any experience with. I had taken so many Indian prisoners that never required any red tape, I naturally supposed that the same rule would be applicable in this case, but I got away with it just the same. That afternoon we took the young man off to himself, and when he was questioned by the district attorney and a certain doctor, whose name has slipped my memory, he admitted the whole affair, and told us just where to go to find McMahon's body. When he told us this the doctor drew a diagram of the ground. Buckley said we would find a tree a certain distance from the cabin that had been blown out by the roots, and in that hole we would find the body covered up with brush and chips thrown on top of the brush. After giving this valuable information we at once started out to hunt for the body.
It was now late in August and a little snow had fallen on the mountains in the fore part of the night. By the aid of the diagram we went to the ground after night, built up a fire and waited till morning. As soon as it was light enough to see, the doctor took the diagram out of his pocket, looked at it and said: "It should be near here." He then turned, and seeing a tree that had been blown over, said: "There is a tree that answers to the description." We walked to the tree and at once saw the toe of one of the dead man's boots protruding through the brush. The doctor when gathering wood the night before to build a fire, had walked almost over the body and had picked up two or three chips of wood from the brush which covered the body. We waited some time before the crowd came with the wagon. After they arrived the body was uncovered, loaded into the wagon and hauled to Jacksonville, arriving in time for the coroner to hold the inquest that afternoon, and the following day the body was buried.
The time having been set for the preliminary examination, Barton's wife and her father arrived in Jacksonville the day before the time set for the trial, and his father-in-law employed an attorney to conduct the case in court in his behalf. When Barton was brought into court he waived examination, but it was quite different with Buckley. When he was brought in for trial the judge asked him if he had counsel. He said he did not, nor did he want any, but the judge appointed a lawyer to take his case.
The lawyer took the prisoner off into a room in company with the deputy sheriff and they were gone about twenty minutes. When they returned the lawyer stated that the prisoner wished to plead guilty and receive his sentence so he could start in at once to work it out. Barton never had a trial, for he starved himself to death and died in jail. The jailor told me that for seventeen days he did not eat or drink but one spoonful of soup.