CHAPTER VIII

A determined Party of Horsemen. – The Outlaws surrounded and the Birds caged. – A Parley. – An affecting Scene. – The burning Cabin. – Its Occupants finally surrender.

While the telegrams were flying back and forth on Tuesday, the twelfth, Cottrell and Marriott were busily engaged. Early that morning Mr. Stone came to Verona, and told them that he had learned that Farrington and Cousins intended to leave Durham's for the Indian Territory the next day. The news was doubtless authentic, Stone having heard it from Smothers, who had said that Farrington had told him so himself. It was clearly impossible to wait for William's arrival, as, by that time, the men might be safely hidden in the wild country to the westward. Instant action was absolutely necessary, and Cottrell so informed Mr. Purdy, who soon gathered a force of eight men. Very little would have been needed to obtain even a larger number of recruits, for, had Mr. Purdy and the detectives publicly told the story of the men whom they wished to capture, there would have been plenty of eager volunteers, all anxious to aid in ridding the country of such a band of outlaws. It was not deemed advisable, however, to summon a large posse, lest the news might spread so fast as to reach the ears of the criminals before the detectives could surround them; on this account only a few reliable men were let into the secret, and they left town singly and in pairs to avoid observation, having a rendezvous outside.

Just before starting, Mr. Purdy received a dispatch from the general land agent, ordering him to Pearce City instantly, as several purchasers of land were awaiting him there; although he tried to have his visit postponed one day, he was unsuccessful, his orders being imperatively repeated by telegraph, and so he was unable to accompany the detectives and citizens on their expedition to Durham's. The party of eight met the detectives outside the town, and they were joined on their way by three others, who lived on the road. They were all substantial business men or farmers, but they were accustomed to a life in the saddle, and they had all borne arms during the war on one side or the other. In spite of their present peaceful occupations they were not a body who could be trifled with, and it was evident that any gang of desperadoes would find their match in these cool, determined, law-abiding men.

A few miles from Verona they met a young lady riding a large brown mule, but none of the men in the party knew her. Cottrell felt sure, however, that she was Durham's sister, and that she was riding Farrington's mule. The descriptions he had received of the girl from Stone and Wisbey coincided exactly with her appearance, while the mule could not be mistaken. He therefore sent a man back to watch her, lest she should have taken alarm at so large a cavalcade of armed men. She rode on to Verona, however, without showing any signs of uneasiness, and the scout soon overtook the party.

On arriving one mile from Wisbey's, Marriott went on to Stone's house with six men, while Cottrell went to Wisbey's with the other five. Stone and Wisbey soon gathered a number of the neighbors, among whom was John Ellis, who owned the house and land where the Durhams were living; he was a very highly respected citizen, and was not at all displeased at the idea of getting rid of his semi-disreputable tenants. The management of the affair was then unanimously voted to Cottrell, and the party rode rapidly toward the Durham house. It was situated at the edge of a clearing, with underbrush and woodland close to it on three sides, so that great caution was necessary, lest the villains should see them approaching, and escape into the woods. At a reasonable distance from the house, therefore, the party divided, a part, under Marriott's direction, dismounting and making their way to the rear of the house on foot. When sufficient time had elapsed to enable the latter party to surround the house, Cottrell, with the remainder, dashed up to the front of the house and spread out, so as to make sure that no one should escape. As they approached, a man, who proved to be Jim Durham, appeared on the porch and asked what they wanted; to which Cottrell replied that he wanted the men in the house.

The words had hardly passed his lips ere Barton sprang into the open doorway with a navy revolver leveled at Cottrell; but, seeing that the latter, as well as several others, had him covered, he shut the door quickly and started for the back of the house. By this time, however, the cordon of guards had drawn close around, and, as he emerged at the rear, he found himself confronted by half a dozen determined men, who ordered him to surrender. He then hastily tried to close the back door also, and pointed his revolver through the crack; but the discharge of several shots, which struck close to him, caused him to withdraw his pistol and tightly close the door. It was evident that the birds were caged at last, and it was now only a question of time when they would be taken; as it was only one o'clock in the afternoon, there were still four hours of daylight to conduct the siege.

Jim Durham, when he saw the rifles and revolvers of so large a force pointed at him, was thoroughly frightened, and he begged piteously that they would not shoot him. Cottrell placed his men behind trees, fences, and other protections, so as to be safe from any attempt to pick them off by the men in the house, and yet to guard every means of exit from the place; he then called Jim Durham out and searched him, finding nothing but a single-barreled pistol. He then sent Jim to the door of the house to summon the men inside to surrender, telling them that he was determined to have them – alive if possible, but if not, dead.

They refused to surrender, saying that they would kill any man who should approach the house. When Durham brought back their answer, Cottrell sent word that he would give them five minutes in which to decide whether they would yield peaceably or be burned out and shot to death. Just then Mrs. Durham, the mother of the Durham boys, begged Cottrell to allow her to go speak to Farrington and Barton, as she believed she could induce them to surrender. Accordingly, she went to the front window and implored them not to have the house burned down, as all her household goods would be destroyed. They replied that they might as well die inside as to come out and be shot down. Cottrell sent back word that they should be treated like all other prisoners if they would pass out their arms and surrender quietly; but if they tried to fight or resist, they would surely be killed.

As they still refused, Jim Durham was sent to barricade the doors with fence rails, so that they should not be able to rush out unexpectedly. He whined and complained that the men inside would shoot him, but he was obliged to go, and though they did threaten him, he was able to crawl up and lay the rails without getting within range. The house was a solid log cabin, with only two doors and very few windows, so that it was possible to approach it in one or two directions without exposure to a fire from within. When the doors had been securely barricaded, Cottrell ordered him to get on the roof, which was a common shingle roof, and set fire to the house. Mrs. Durham was carrying on at a great rate, first begging Farrington to surrender, and then praying to Cottrell not to burn her property. John Ellis, to whom the house belonged, gave full permission to burn it, and a fire was built in the open air to make brands to set it afire.

Mrs. Durham was allowed to make one more appeal to the ruffians inside, but they would not listen to her entreaties. They asked her, however, what kind of a looking man Cottrell was, and what he wanted to arrest them for. Cottrell was standing near enough to hear the question, and after Mrs. Durham had described his appearance, he told them that he wanted them for an express robbery; that he would treat them kindly if they should yield peaceably; but if they should refuse this, his last offer, he should set fire to the house and shoot them down as they ran out. He said he had no wish to kill them, but that he was determined they should not escape; rather than allow them to get away, he would have them shot on sight; but they would be protected and brought to trial if they would surrender.

To this they replied that they intended killing some of their besiegers first, anyhow. Finding further parley useless, therefore, Cottrell gave the order to burn the building, and Durham was forced to carry the embers and brands to burn his own premises. Just at this time, the young girl, whom they had met riding a mule toward Verona, rode up to the house and asked what was the matter. As Cottrell had surmised, this was Miss Durham, and she was very much frightened at what she saw.

The afternoon sun was buried in a deep bank of clouds, so that the twilight was rapidly drawing on, there being just enough light to show the barricaded doors, the deserted porch, and the determined men scattered around, with shot-guns and rifles pointed at the low log cabin, above which a frightened man stood out in bold relief against the sky, tearing off the shingles and piling them upon a glowing flame at his feet. Everything was now hushed in deathly silence, and it needed no explanation for any one to understand that a bloody tragedy was about to occur if that flame should be allowed to envelop the building. It was now the prison of its two occupants, but only a short time would elapse before it would be their tomb.

On seeing the situation, Miss Durham asked to be allowed to speak to the men, as she said she knew they would listen to her. On Cottrell's refusal to hold any more parley with them, she burst into tears, threw her arms around his neck, and implored him to let her speak to Barton just once, if only for five minutes. Finally, seeing that most of his party wished to give the girl a chance to speak to her sweetheart, Cottrell said that she could have three minutes to obtain their arms; if they surrendered immediately, the fire should be put out; but, if they should still refuse, their last chance of saving the house and their lives would be gone. Miss Durham then went to the window, and talked with the men in the most imploring manner, urging them not to sacrifice themselves, as they would surely do if they remained in the burning house. Her entreaties did not seem to affect them at first; and, as the flames were then beginning to gather strength, Cottrell ordered her to come away from the house, and leave them to their fate. She made one more appeal, and Barton handed her a navy revolver; then Farrington did the same, and she brought them to Cottrell, saying that they would surrender if they could be sure that their lives would be spared. Cottrell told her to go back and get the rest of their arms, and assure them that they should be taken to Tennessee for trial. She soon returned with another revolver and a shot-gun, and said that the men would come out. Cottrell therefore removed the rails, opened the front door, and called them out – Barton coming first, and then Farrington. The latter proved to be Hillary, not Levi, as he had called himself. It was not known why he had used his brother's name, but it was supposed that Hillary had taken his name to enable him to prove an alibi in case he should be arrested.

Cottrell's party first secured the prisoners with ropes, and then assisted Jim Durham to extinguish the fire on the roof; the latter was quite rotten, and it had burned so slowly that very little damage had been done. The prisoners were thoroughly searched, but nothing of any consequence was found upon them, the total of their funds being less than three dollars. A prolonged search through the house revealed nothing of importance, except the fact that it was quite an arsenal for arms, there being found six navy revolvers, two double-barreled shot-guns, and a Spencer repeating rifle. The siege had lasted nearly three hours, and, another hour having been spent in searching the house and saddling their animals, it was nearly dark by the time they started for Verona. Farrington and Barton were carefully tied upon the horse and mule respectively, and, after thanking the neighboring farmers for their assistance, Cottrell took the road back, accompanied by the eleven men who belonged in and about Verona. The greatest care was taken that the prisoners should have no opportunity for escape, and they were informed that any attempt to get away would be the signal for riddling them with bullets.

While riding along, Cottrell learned from Barton that the party had been very lucky in finding the two men in the house, since their usual custom had been to spend the days in the woods, coming in only at night to sleep. On this occasion, however, the weather was so cold that they were spending the day indoors.

When asked why they had not surrendered before, they both made the same reply, namely: that they believed the posse of citizens intended either to shoot them immediately, or to hang them after a trial by lynch law.

On arriving in Verona early in the evening, the prisoners were securely tied up with ropes, and Cottrell alternated during the night with Marriott in watching them. A blacksmith was also called up, and shortly after midnight he completed two pair of leg shackles, with which they were fastened together. My men were greatly fatigued, having ridden a large number of miles every day for a week, and the excitement of the affair added, of course, to their prostration, but they resolutely paced the floor in alternate four-hour watches, determined that no possible loophole for escape should again be afforded to such daring villains as these two.

The result of the expedition was, of course, transmitted to me in telegraphic cipher at once; but the arrest was kept secret for the time, in order to prevent a knowledge of it coming to Levi Farrington, who was still at large. According to Barton, Levi was concealed somewhere in Tennessee, but this statement was proof positive that he was not in Tennessee at all, since Barton's object in telling anything about him was evidently intended to mislead us; hence, no faith was put in his story, and other steps were taken to capture Levi.

William arrived in Verona on the morning after the fight, and he prepared to return with the prisoners to St. Louis by the noon train. It was supposed that Levi Farrington was also on his way to the rendezvous at Durham's farm, and that he would probably approach by the direct road through Douglas County. Cottrell and Marriott were left, therefore, to attend to Levi and the old lady, whose whereabouts were still uncertain. William saw most of the citizens engaged in the affair, and heartily thanked them for their aid; being questioned as to whether they should receive the reward of one thousand dollars offered by the express company for the capture of the two Farringtons and Barton, he informed them that he considered them entitled to it, and that he should recommend its payment, but that the matter would be decided by the officers of the company. I may here anticipate events somewhat to state that the company paid the citizens and farmers a liberal amount for their services in capturing the robbers, and a settlement was made which was satisfactory to all parties.

William left Verona about noon of the day he arrived, taking Hillary Farrington and Barton with him, under guard of Galway and Connell. On arriving in St. Louis, he separated the prisoners in order to induce Barton to confess; and, after a long conversation, in which he showed Barton how conclusive was the evidence against all three of the men, he obtained a very full confession, of which the greater part is here given exactly as it was taken down from Barton's lips.