jrbakerjr  Genealogy   
 
 
 
 
 
The Youngers' Fight For Freedom
By Warren C. Bronaugh
 
Complete Book - Transcribed
Page Two of Four
Chapters 11 - 20 On This Page

 

CHAPTER 11.

 

Northward Again.

ARMED with the most of these documents I went to Kansas City and from there to St. Paul about the middle of June, 1889, accompanied by Col. E. F. Rogers, a distinguished Union veteran of the Civil War, and Capt. Stephen C. Reagan, a prominent Confederate veteran. Both of these gentlemen were residents of

Kansas City and, though of opposite political faiths, in full sympathy with the mission on which we set out.

Col. Rogers was born in Shelby county, Kentucky, in 18'30. He removed with his parents to Hendricks county, Indiana, in 1836, where he received a common school education. In 1857 he removed to Bates county, Missouri.

Col. Rogers says:

"I was a Republican, hence had no political friends there. In 1860, after the election of Abraham Lincoln to the presidency, the cry of 'War! War!' was heard in the front and in the rear, on the left and on the right. I was against a conflict between my own people, and believed the ties binding Christians together,

and the fraternal feeling with Masons, were too strong to permit of war between neighbors, but on April 12, 1861, the signal gun at Fort Sumter was fired and resounded to the uttermost parts of the earth.

"Being a descendant of a military ancestry and knowing I had always been protected by the United States government, that had been attacked, I at once chose the side of Washington, Jackson, Douglas, Lincoln, Grant and the innumerable host standing between danger and the Stars and Stripes."

Col. Rogers remained with the Federal army, as an officer, from June 27, 1861, until after the bloody battle of Lone Jack, Missouri, August 16, 1862. There he was shot squarely through the breast and permanently disabled.

He lay in the same room with Maj. Foster and brother, both of whom were desperately wounded, and declares that his life was saved by Cole Younger.

In 1863 Col. Rogers moved to Kansas City.

The following year he was elected president of the Common Council there, and in 1867 was appointed United States assessor. He was compelled to resign the assessorship in 1869 on account of ill health.

The Younger family were well known by Col. Rogers before the war. In speaking of Cole he says : "Not a blot stained his character.

His father was the highest type of a genuine good man, and was most respected by those who knew him best."

Col. Rogers relates the following war reminiscence:

"During the winter of 18£0-61, my regiment was stationed at Harrisonville,  Missouri, and some time during that winter one of the citizens gave a ball. Cole and a Captain Walley of our regiment attended the dance. This Captain Walley engaged the company of a young lady to dance with him during the evening.

When he went to her for the next dance she told him she had decided to take Mr. Younger for that particular dance. Capt. Walley was greatly enraged. He went to Cole and said, 'I'll make no disturbance here, Mr. Younger, but I'll kill you the first opportunity I get.' Now we all knew that the captain was a vicious man and not afraid of blood. Younger felt that there was but one course left for his safety, to leave home. Taking that step led to others.

IRA BARTON, Sheriff of Rice County, Minnesota, who took charge of the Youngers after their capture.

"But he never lost the courage and manly principles of a gentleman. For I heard him raise his voice against insults by cowardly Confederates to our wounded at Lone Jack, Missouri, and declare that he would protect the Union soldiers against insult at the cost of his life."

This was the same Capt. Walley who soon afterwards murdered Cole's father, H. W. Younger. Retaliation for the murder was the first of the son's desperate exploits.

Arriving at St. Paul, we promptly called upon Gov. Marshall, who had been apprised of our coming. At the conclusion of our visit to him, we proceeded to Stillwater and were granted an interview with the Youngers. They suggested that we again confer with Marshall, and we did so the next day. At this meeting that gentleman advised us to go, first, to Faribault, the county seat of Rice county, in which also Northfield, the scene of the raid and tragedy of 1876, is situated. Faribault is about fifty miles southwest of St. Paul and is the home of Judge Mott, a leading citizen and jurist, to whom we carried a letter of introduction from Gov. Marshall.

Calling at his residence, Judge Mott met us at the door and invited us in. He was a tall, slim man, with courtly manners and a benevolent countenance. Upon presentation, he opened and read our credentials and heartily shook hands with us the second time. We three Missourians felt that we had found another friend worthy of our confidence and admiration.

"This letter," said the genial judge, when he had perused its contents, "reminds me of the fact that I haven't kept good faith with my wife." The speaker paused a moment, and Reagan, Rogers and I wondered what he meant by that rather irrelevant remark.

Then Judge Mott continued: "During the three months of the Younger brothers' trial and imprisonment in the county jail at Faribault our people, strangely enough, became attached to them. The conduct of the prisoners was so  excellent, their manners were so pleasant, and their intelligence so marked that they easily won over to themselves many persons who had been their bitter enemies and who had clamored for revenge. On returning home, after the Youngers had been convicted and life sentences had been passed upon them, my wife asked me the result of the trial. I told her, and also added that it was my purpose to use my influence toward having them released. And now, to know that, after thirteen long years, I have not kept my promise."

While in Faribault our party stopped at the Brunswick Hotel, and Judge Matt told us that he would arrange for twenty-five of the leading citizens of his home town to call on us the following morning. They did so, and we left there that day with twenty-three letters recommending the pardon of the Youngers.

Amongst these letters was the following, dated at Faribault, Minnesota, June 22, written by Judge Mott, and addressed to Gov. Marshall.

"My wife reminded me last night of an incident I had forgotten, i. e., when I came home from court in 1876 and told her of the sentences of the Younger boys, I remarked, 'If they continue to behave for ten years as well as they have here in jail and during their arraignment and sentence, I pledge myself to join a movement for their release.'

"I now trust that Gov. Merriam may see his way clear to send them all home rejoicing, to their friends, after these weary years to them. The clamor that their pardon might evoke can only emanate from a spirit of revenge, unworthy of our civilization. We have vindicated the power and majesty of the law, let us now manifest its mercy; for executive clemency,

in all deserving and proper cases, is as much a part of the machinery of law as the indictment, the verdict of the jury, or the sentence of the court; and it is not the crowning glory of all to say, 'Go and sin no more?'

"It does not seem that our Governor can hesitate to send poor Robert home at once, to die among his friends. If you think my opinion of any value, you are at liberty to show this letter to Gov. Merriam, who, I know, has nerve enough to stand the nine days' howl that might follow a pardon.

"I have met with great pleasure Col. Rogers, Reagan and Bronaugh, from Kansas City -they are true gentlemen, every one."

CHAPTER 12.

 

Three Kinds of People.

A FTER our visit to Faribault we decided to make a vigorous canvass, lasting three or four weeks, soliciting letters in other parts of Minnesota. Northfield was left severely alone, for we thought it useless to make any attempt in that quarter, though in after years sentiment changed there considerably.

In this canvass we had many experiences, both amusing and exasperating. Hundreds of citizens seemed to regard us as meddlesome intruders and fit subjects for a lunatic asylum, or a cell under the same roof with the  "rough riders" of Stillwater. We did not resent this feeling. It was but natural. We understood full well the unpopularity of our mission, even though it were one of mercy. Minnesota men and women are but human. They had cause for grievance and revenge. The wrong that had been done them rankled deep in their hearts. It would have done the same in ours. However, we obtained, on this tour, a hundred and sixty-three letters favoring a pardon.

In the course of our Minneapolis canvass, we called at the office of George A. Pillsbury, whose fame as a miller, a multimillionaire, and a philanthropist was national, to say the least.

Upon entering we stated that we were upon a mission of mercy. Instantly and rather abruptly Mr; Pillsbury remarked: "I have no money for you, but you can have anything else you desire." It was not uncommon for people to call on the great miller seeking financial aid for church and charitable enterprises, to which he usually gave with a liberal hand, and he mistakenly sized us up as some delegation in search of money. He was reported to have given twenty thousand dollars annually to Baptist missions. We told him we had not come for money, but to secure, if possible, a letter of recommendation from him for the pardon of the Youngers.

This was like touching a match to a keg of powder. Mr. Pillsbury flew into an uncontrollable passion and paced the floor, hurling anathemas upon the Youngers and not even sparing their friends and sympathizers.

"Me write a letter to the Governor, asking him to pardon the Youngers!" he exclaimed.

"Why, I would head a mob to hang them! They deserve it! Never, never, will I lend my aid to liberate them!"

This intemperate talk was continued for several minutes and we Missourians felt badly embarrassed.

The singular part of it was the fact that Col. Rogers had presented to Mr. Pillsbury a very polite note of introduction from a prominent Baptist minister in Kansas City, who had formerly been the millionaire's pastor. Pillsbury, himself, was a strict member and supporter of that denomination.

At the first opportunity Col. Rogers reminded Mr. Pillsbury of his ungenerous and extravagant utterances. How unreasonable, how un-Christianlike it was to harbor such revengeful feelings against even the humblest of God's creatures! And then Col. Rogers, with wonderful adroitness, quoted from memory passage after passage of Scripture, showing the inconsistency of Mr. Pillsbury's attitude and sentiments as a brother Baptist.

The famous millionaire was deeply affected. The shafts from the Missourian's Biblical arsenal had pierced his armor. He did not wholly surrender, but was well-nigh conquered.

"Gentlemen,' he said, "I beg your pardon,

I was perhaps too hasty in my utterances, and I regret it. I will assure you that, while I can not consistently give you a letter recommending the pardon of the Youngers, I shall never again raise my voice to oppose it."

From the Pillsbury office, Messrs. Rogers, Reagan, and myself proceeded to the residence of Senator Washburn. He was one of the most famous men in Minnesota and had a national reputation as a leader in the Republican party. He was what is politically termed a "wheel-horse" or a "war-horse."

At the moment we were ushered into the sitting-room of his elegant mansion by a maidservant! the Senator was entertaining a party of friends to dinner. We could see them seated at a brilliant and sumptuous table in the dining-room, some considerable distance from ourselves.

When the pompous old senator came into the room, where we were waiting, he coldly clasped hands with Col. Rogers, who, in as short a sentence as possible, made known the object of our visit.

Washburn then caught him by the arm and stepped with him toward the front door, hardly deigning to notice Reagan and myself, who followed after. Reaching the door the old senator said to us in a most insolent manner:

."When you have business with me, call at my office. I don't receive men here on business.'

As Washburn turned to re-enter the door, Col. Rogers, a scarred veteran of bloody battles for the Union, and every inch a gentleman, resented the insult in language not to be forgotten by Washburn.

"Senator," said Rogers, with withering scorn, "we pass better men than you on the streets of Kansas City every day and don't speak to them."

I regret to make mention of this matter at all, and only do it to show how utterly boorish some people can be, though they occupy exalted position in public life and society. Had we been a party of outlaws ourselves, with knives and pistols strapped at our girdles, it is doubtful whether our reception by the insulting

old Senator could have been more disagreeable, not to say hostile. But I am happy in the assurance that all Minnesota people are not like him.

As I have stated above, our little party, in making this epistolary campaign, had a variety of experiences, some of them of a pleasant nature, while others were embarrassing and humiliating.

I shall never forget the cordial and generous manner in which one of Minnesota's greatest and most lamented men received and treated us, in striking contrast to the boorish, if not brutal, reception accorded us by Washburn.

The gentleman to whom I refer was the late United States Senator Cushman K. Davis. As we approached his handsome residence we saw him sitting on his front porch, enjoying a cigar. We were still somewhat flurried by our recent unhappy experience, especially with Washburn, and I must confess to our timidity and trepidation.

Mr. Davis was one of the most distinguished men in the United States and a national figure in Republican politics. We were utter strangers to him and had no idea of his sentiments and views on the subject so dear to us. Our visit to him might turn out to be as unwelcome as it was to Washburn. However, it occurred to us that he could not very well overreach the rudeness of the old war-horse.

The moment Senator Davis espied us he came forward and met us at least half way down the walk leading from the porch. Upon making ourselves known to him, he cordially shook hands with us and invited us to seats under the trees, the weather being quite warm. Stepping into the house, he returned with a box of fine cigars, which he passed around.

He then ordered a pitcher of delicious lemonade. All this was done in the most gracious manner possible and put us entirely at our ease. Mr. Davis suggested that his wife would be pleased to meet us, and she soon joined the party for a few minutes in the yard. She was most delightful in her manner and conversation.

But there was yet to come the trying moment with Mr. Davis when we should make known to him our business.

Much to our relief, however, when we had stated our mission to him he immediately replied that he had been giving the subject considerable thought and had arrived at the conclusion that clemency should be extended to the Youngers. "I feel disposed, gentlemen," said he, "to grant your request," and when a little later we bade him goodbye, we carried away with us an autograph letter, couched in strong terms, recommending a pardon.

When Senator Davis died but a comparatively short time ago, Minnesota lost one of her grandest and noblest men, and one who was an honor to all Americans. He combined the gifts and qualities of a brilliant orator, student, and a broad-gauged statesman. He was true to every trust reposed in him, whether of small significance or large import. His modesty, simplicity, and sincerity were among his most charming traits of character.

Green be the turf above the last resting place of Cushman Kellogg Davis.

CHAPTER 13.

 

Merriam's Refusal.

With these additional documents we set out for a conference with Gov. William R. Merriam, to whom our letters and petitions were to be formally presented. The personnel of the party was as follows:

Gov. William R. Marshall, ex-Warden A. J. Reed, who had had charge of the Youngers the first ten years of their incarceration; ex-Sheriff Ira Barton, of Rice county; Col. F. E. Rogers and Capt. S. C. Reagan, of Kansas City, Missouri; Mrs. L. W. Twyman, of Jackson county, Missouri, an aunt of the boys; their sister, Miss Retta Younger, and myself.

This was rather an imposing array and there seemed to be some hope that gratifying results would be our reward.

Gov. Merriam, with whom due appointment had been made, received us courteously and cordially at the executive mansion. Capt. Reagan, a cultured gentleman and fluent talker, was assigned to make the speech presenting the documents. Capt. Reagan was at his best and his effort was creditable alike to himself and to the occasion. Then the remaining members of the delegation spoke in rotation, Miss Younger being the last to make an appeal.

There was nothing affected or theatrical in this.. Every word welled up from the depths of her soul, her voice trembled with emotion and tears stood in her eyes. She appealed to the Governor, who sat in his chair, stolidly, but paying close attention, that if he could not see fit to pardon Cole and Jim, to grant release

to Bob, the youngest of all, whose life was already ebbing away on the swift tide of consumption. This plea was one of the most impressive I have ever heard, and it seemed that no soul could be so hard as to resist it.

Our suspense was now of exceedingly short duration. Cool, calm, cold, and collected, the chief executive of the great commonwealth of Minnesota, with the power of liberty or confinement- death or life at his command-arose and said:

"I can not pardon these men. My duty to the state and my personal prejudice against them make it impossible."

This emphatic decision of Gov. Merriam seemed to be a death-blow to the whole undertaking. It dazed us. After such long years of labor and sacrifice the action of the chief executive was almost overwhelmingly depressing.

The pleading, the toil, and even the tears of friends, interceding for the prisoners, had availed naught.

The deep-seated prejudice of one man, armed with autocratic power at this supreme moment, had cruelly dashed to pieces our fondest hopes and expectations. In the midst of it all, however, I still determined to keep up the fight.

In the year 1884 I had made promise and pledge that I would be faithful and unfaltering as long as there was a single ray of hope-as long as there was left one avenue by which to reach the conscience of the authorities and people of Minnesota.

Messrs. Rogers and Reagan-brave, true men, who had had many a hard lesson in the school of disappointment--came to the conclusion that further effort would be futile.

"What do you propose to do now?" said they to me.

"Well, gentlemen," I replied, "I propose to stay here and try to obtain a pardon for Bob, at least."

My friends, Rogers and Reagan, returned at once to their homes in Kansas City, while I still held the fort in the far north.

A few days later I received a telegram from Col. Rogers, at Kansas City, requesting me to meet Maj. William Warner at the West Hotel, in Minneapolis, at 10 o'clock the next morning.

In company with Governor Marshall and ex-Warden Reed I did so. After a conference with Warner it was decided that he should get Judge Ray, of Minneapolis, whom he had succeeded as Commander-in-Chief of the Grand Army of the Republic, to call on Gov. Merriam. Both Warner and Ray did this and made most eloquent appeals for pardon of the Youngers, but these touching appeals were made all in vain. Merriam could not be moved.

CHAPTER 14.

In the Hospital at Stillwater.

IT WAS now determined to seek the release of Bob Younger. There was an opinion prevalent in Minnesota that his illness was only feigned-that it was a cunning dodge to enlist public sympathy in order to get him out of prison. After events proved how cruelly unfounded was this suspicion.

At this time Gov. Marshall notified me to meet him at the Union Station in St. Paul, when he said we would proceed to Northfield to see Col. Phillips, president of the bank, which in 1876, had been raided by the Missouri bandits. Marshall, however, reconsidered this proposition and went there alone, leaving me in St. Paul.

At Northfield he and Col. Phillips had a private conference, in reference to the pardon, which lasted until after midnight. Phillips still doubted that Bob was really ill. He, like many other persons, feared he was being imposed upon. But the bank president, evidently wishing to deal with the matter fairly and in a careful, business-like manner, submitted a proposition to engage a reputable physician to be chosen by himself - send him to Stillwater, and there have him make a thorough physical examination of Bob. Should he concur with the prison physician, and this examination result in clearing away all doubt as to the patient's true condition; and also show conclusively that he was actually near unto death, he would then at once and cheerfully give a letter recommending pardon.

Gov. Marshall, personally knowing the facts in the case, and having implicit confidence in Col. Phillips, integrity of purpose, readily accepted the proposal.

Doctor Ogden, a young surgeon and physician. though reared in Northfield, now resided in St. Paul and had a fine reputation professionally and as a citizen. He was selected as the medical examiner by Phillips.

In company with Marshall I called on Dr. Ogden at his office in Wabesha street, and was at once favorably impressed with him. He accepted the proposition placed before him and said he would be pleased to act in the capacity desired.

Upon the arrival of Dr. Ogden and myself at Stillwater, Dr. Pratt, the prison physician, arranged a meeting with Ogden at the penitentiary hospital. The two physicians made an exceedingly careful and minute examination of the young convict. At its conclusion I sent a telegram to Col. Phillips, announcing the result of the diagnosis, which was, that Bob was fatally ill and had but a short time to live. The final summons might come at any moment, and yet he might linger several weeks. Under the most favorable conditions, however, his life could not possibly be prolonged beyond sixty or seventy days. Dr. Ogden urged that he be pardoned in order that he might have his wish gratified not to die within the prison walls.

In addition to this recommendation, Dr. Ogden, whose interest in the matter had become much heightened, wrote a letter to Phillips, recommending a pardon for Cole and Jim.

Two weeks later, in July, 1889, Marshall and I presented additional letters to Gov.. Merriam. To our surprise we found that his attitude had not changed, unless it was that his determination not to grant my request had become more firmly settled.

Turning to us, Merriam declared with an emphasis that could not be  misunderstood: "I would not pardon the Youngers, even if Mrs. Heywood should come to life again and make the request."

The widow of the murdered Northfield bank cashier, it should be stated, had remarried a year or so after her husband's tragic death, and had died some years later.

What next should be done? Merriam was as merciless as an avenging Nemesis. Every resource at our command had been exhausted to mollify him.

Just then the idea of a last resort occurred to me. With all the earnestness I could muster and in absolute good faith, there in the presence of the Governor, I offered myself as a hostage for thirty days, to occupy Cole Younger's cell in the state prison, if the Youngers might be given a leave of absence for that length of time to visit their old home in Jackson county, Missouri.

As a matter of fact I did not relish. the idea of spending even a few hours behind the bars at Stillwater, but I had reached a point of desperation and was ready and willing to make even an unreasonable sacrifice for the sake of the freedom of my unfortunate friends.

I also volunteered to raise a solvent bond of one hundred thousand dollars, or even a million dollars, as a guarantee of their good citizenship in the future, if they should be. pardoned.

I insisted that the boys would go further now to protect a bank than they did in 1876 to rob one.

To more heavily reinforce these propositions of mine the noble Gov. Marshall, on this same occasion, offered himself as a hostage. But these offers were rejected.

CHAPTER 15.

 

The Messenger of Death.

IN 1888 William R. Merriam was elected Governor of Minnesota by a majority of 18,ODO. After having served two years, he was renominated by the Republicans in 189D for a second term. The Democrats nominated Mr. Wilson as his opponent in the race. Merriam, for various reasons, seemed to have become unpopular, and there was a tolerably fair prospect that Wilson would win.

He did make a gallant campaign and was defeated at the polls in November by the small margin of about six hundred votes. The Younger agitation, however, had little, if indeed, anything to do with the result, though at other times it cut a figure in local political affairs.

Poor Bob Younger I The time soon came when no more appeals to Merriam or any other earthly power would be needed in his behalf.

His friends had made a strenuous fight for his release, but their entreaties were all in vain. One day, in his dark prison, he heard the summons of the pitying angel, calling him into the green pastures and beside the still waters of eternal peace and rest and his emancipated spirit took its heavenward flight.

Bob Younger died in the hospital department of the Stillwater penitentiary Monday evening, September 16, 18'89. Had he lived until the twenty-ninth of the following month, he would have been thirty-four years old. His death had been expected for a number of weeks, and yet when the end did come it proved no less a shock to the loving sister and devoted brothers than his numerous friends.

Monday afternoon he told his brothers that the end was near and desired them to remain with him. At nine o'clock Deputy Westby entered the hospital and Bob asked him to remain. As death approached, Bob whispered a few words occasionally or turned his eyes with affection unspeakable upon the dear sister, and the last words he spoke embodied a request that they would not weep for him. No words can fitly describe the faithful devotion or the tireless attention of the brothers. The latter had been excused from the regular duties for the last few days, and by day and night they had watched at the bedside of their dying brother.

The remains were taken to undertaking rooms and embalmed and placed in a plain, rich casket, bearing a silver plate with the inscription, "At Rest." The chapel was draped in mourning, and the funeral services were conducted by Chaplain J. H. Albert. Appropriate music was rendered and at the close of the services, the inmates were given the privilege of viewing the body. Many an eye grew dim as it looked for the last time upon the well known features, grown so wan and pale, and many an honest heart beat faster under the striped jackets in earnest, sincere sympathy with the bereaved relatives. The pallbearers were selected from among the oldest of Bob's friends, and with one exception were life members.

Very reverently and lovingly did they fulfill this last sad office. Mr. Albert read the fourteenth chapter of St. John - those beautiful words' of comfort spoken by our Saviour which have brought peace to so many troubled hearts. The chaplain's remarks were brief and dealt mainly with Bob's life and character as known by all with whom he had come in contact during the thirteen years of his imprisonment. Mr. Albert said in part:

"There are many things upon which we differ and there are also many other things upon which we agree. A little reflection will show that in the main we agree as to the fundamental principle of life and death. I look upon your faces this afternoon and see many characteristics in common and yet also many differences.

But there is one thing upon which we all unite and that is death. We know that we cannot live forever, and the time will come when a few words will be said over our dead bodies and we will be laid away. Knowing then that we all must die, how much ought we to consider it. Yet how many go on day after day, paying no attention to it. This is the height of folly. But on the other hand, it is the worst kind of cowardice to live in the constant fear of death.' The real way is this: We should recognize it as a fact and keep the fact in sight that death is the end of life. We should view it like the man does who is going to emigrate to a far country. He gets his goods in order, settles all property questions, and prepares himself in every possible way for his journey and new home. And this is what we should do. We should get together what we will need in another world. When we are called to look down upon the cold remains of a loving brother, then are we better fitted to

receive these things. Unconsciously we call to our minds the traits of character of the departed one that we would like to keep alive.

What was it in his life that was best, that we admired most? As I look at this inanimate clay I can recall many characteristics which we would like to possess. I will take the liberty to name one or two of them. One of them is this: A firmness of purpose or will. This was very noticeable in his last bitter struggle with death. Everything tended to discourage him and yet his firm will rose above it all and no one ever heard him make complaint. Another characteristic was a strict regard for the truth; and again, his honesty both as regarded his duties, and also in regard to other people. He was never heard to slander any one or speak ill of them. If there was anything he abhorred, it was a hypocrite, and no inmate ever stood higher in the opinion of the officers than he. He had their entire confidence.

This is worthy of our remembrance.

When we, too, come to pass away, we should like for this to be said of us. His reading and thoughts were always of a purer, higher kind.

Several times I have gone past his cell and found him writing, and upon questioning him I would find that it was to little nephews and of an advisory nature. I will speak also of religion. Bob never spoke to me of it, but if you ask my opinion, I would say that. though he never openly professed religion or joined the church, yet I can say from an experience of over two years that he had the fundamental truths of religion firmly implanted in his heart.

His whole life here and his recognized purity of conversation go to prove it. There are many other characteristics which I could speak of, but I must pass on."

Mr. Albert then addressed a few words of comfort directly to Miss Retta Younger and her brothers, Cole and Jim, and closed by reading the beautiful twenty-third Psalm. The Rev. Thomas M. Cobb, now presiding elder of the Lexington, Missouri, district of the Southwest Missouri Conference. served most gallantly throughout the Civil War as a member of the famous Confederate brigade commanded by Gen. F. M. Cockrell, now on the Interstate Commerce Commission. At the close of the war Mr. Cobb entered the ministry and has attained distinction in that calling. His son, Thomas M. Cobb, Jr., a brilliant young man, died of smallpox while serving in the Philippines. His body was cremated and the ashes sent home.

Thos. M. Cobb took great interest in Bob Younger's spiritual welfare and addressed to him from Lexington, Missouri, the following letter, in August, 1889:

"My dear sir :-Although a total stranger to you, I venture to write you a friendly letter. I am informed that you are hopelessly ill, that there is no possible chance for your recovery. In this sad hour, I beg to assure you of my personal sympathy and prayers. Your brothers know of me and can tell you something of my past life and present occupation. I was a Confederate soldier for four years, fought and suffered for the same cause that they did. I am now a Methodist minister and have been since the close of the Civil War. Earnestly desiring the salvation of all men, I feel a special concern for those who fought for the same cause that I did. As I see it, there is no hope for your pardon, so you must die in prison. I dare not apologize for nor in .any way palliate, the crimes of which you are guilty. The deeds have been done and there is no way of undoing them. But God is merciful and always willing to forgive and save. Although you are a condemned criminal and must die in prison, the blessed Savior is near and is ever willing to grant you pardon and peace. He was indeed the friend of publicans and sinners, received them, talked with them and saved them. Even the thief on the cross was not beyond His mercy.

In the last hour He took away his sin and received him into Paradise. He is the same yesterday; today, and forever.. I beg you to look to Him, make a full and honest confession of your sins, and cast yourself upon His mercy. Bless His holy name, He will not turn you away, for He is both able and willing to save to the utmost all who come to Him.

"And now, my dear sir, I beg to assure you that I am your friend and brother and that I shall pray daily and earnestly for your salvation. Don't lay this aside without thought, but begin at once to make peace with God and get ready for that event which must surely come.

"Give my kindest regards to your loving sister and to your brothers, Cole and Jim. "May God in his mercy deal tenderly with you all."

CHAPTER 16.

 

Hal Reid's Tribute.

Mr. Hal Reid, the well-known playwright and actor, was a warm personal friend of the Younger brothers and visited Bob on his deathbed. Shortly afterward he wrote the following sketch of the last scene, which may justly be considered a classic if its kind:

"Hello, Bob;"

"How-dye ?"

"First-rate; how are you coming on, Bob?"

"Badly, I'm not feeling well at all. I guess I'll finish my sentence before long."

"Oh, don't talk that way, Bob. You are all right. Some Governor will come along one of these days and think you boys have suffered long enough and pardon you sure."

"'Hope deferred'-you know the rest; besides you remember what McGill, when he was Governor, told Cole?"

"Yes, I do. He said in the presence of Deputy Westby and you and me, that you boys had suffered long enough and he ought to turn you out."

"Well, you see how they have done it."

"That's no criterion. Bob, McGill was a poor little 'fice' of a political error, with a string for a backbone and has sunk into well deserved obscurity. Sometime a governor of nerve will come along and do what he thinks is right."

"If it ever does happen, it must be soon or it will do me no good. Well, I must get on to the steward's office; good-bye."

"Good-bye, Bob."

Then down the long, stone-floored, ironwalled corridor of Stillwater Prison Bob Younger slowly and painfully walked until the clank of the iron door hid him from my view for the last time in life.

Accompanied by Deputy Warden Westby, I then went to the little corner of the west corridor, cut off by a railing, to make a place for Jim Younger to run the postoffice. Jim was there, tilted back in a chair, softly picking a guitar, which, as we approached, he laid aside, and rising, offered us seats.

"How-dye, Jim," said I, extending my hand. "Very well, Hal. How have you been?"

"Oh, all O. K. Say, Jim, did Harrison give you your commission as postmaster?"

"No, I am a Democrat and I wanted to resign, and go home to Missouri when we got a Republican President, but the deputy here won't accept my resignation, so I guess I'll have to stay."

"That's so, Jim, we can't get along without you now, but if I was Governor I would send you boys home before to-morrow night."

"Say, Deputy, how is Bob, honest now, how is he? He comes around here by your permission and makes a great out at joking and such, but I'm sure it's all put on to make me feel good."

"He is some better, Jim, but he is not strong, you know."

"Deputy, do you think Bob'll die?"

Jim Younger's voice trembled, his strong frame shook, and the look in his eyes was one of pain - of heart pain - of agony.

"Frank Hall, the steward of the hospital, is doing all he can, Jim, and so is Dr. Pratt.

We'll try to pull him through," evasively answered the deputy, and as Jim turned away, a tear splashed on the letters lying on his little desk.

We went on to the library and there sat Cole, his kindly face sad and worn. He took my hand and his first question was: "Have you seen Bob?"

"Yes, Cole."

"What do you think?"

"He's not well, Cole."

"I know that, but do you think he will die?"

His face worked convulsively, his hands trembled, and his fingers picked nervously at each other. I had not the heart to answer, and he continued:

"You see, Bob's the youngest, and Jim and I remember when he used to play around with gourds and the like of that, and we've all been here together so long that I-that Jim"-here his voice broke down and he turned away.

Presently he said: "I wish I could go instead, I am the oldest. Bob might live until some governor would let him go home. I am an old man and won't live very long anyway."

I wish to say right here that I am not aiming to make any excuse for the Youngers none at all - and I knew them too many weary hours and too well to make heroes of them.

I know, too, that they had cause - good cause -to do some of what they did so, and that their sixteen long years in prison has made them broken down, repentant men, and that sixteen years behind prison walls will pay any man's debt to God or man. I would not want better neighbors than Cole or Jim Younger,

or a better friend than either would now make.

One night on the stage, while playing in my piece of La Belle Marie, I had to use during the action of the playa newspaper, and the property man had placed one on the desk used in the office scene of the second act. My eye fell upon the headline:

"BOB YOUNGER DEAD."

I stopped short. The lines I was speaking died upon my lips, and my thoughts flew to the cold stones, the iron bars, and the agonies of Stillwater. Little did the audience know why the "villain" so suddenly ended his tirade.

I was brought to action by hearing my line thrown from the prompt entrance, and the play proceeded.

Later on I investigated Bob's last hours, and I give the story as told by an eye-witness:

Bob lay in the hospital, wasted to a mere shadow. All day long he had talked of birds and flowers and the grass and brooks and freedom. Along toward evening he roused up and said to Frank Hall :

"Doctor, raise me up; let me see the grass and the trees out yonder. You don't know how I have stood holding on to the iron bars, and longed to be out on the hill there to lie on the grass, to lie in the clover, and just to know for a moment or two that I was in the free air.

Why, doctor, I'd a gone out there and I'd a come back, just to the minute. You can believe a dying man. I'd a come back."

"Yes, Bob, I know, and I wanted to let you go, and we went to the warden, but he didn't dare do it; the newspapers would have cut us up about it; they don't know how ill you are. We couldn't do it."

Just then Cole came in, and without a word sat beside the iron cot, and shook with sobs.

"Don't do that, Cole! Don't do that! You see I'll be better off. I'll be free anyway. Thank God, they can't lock a man's soul up. They can't hold that with lock and key."

Just then a robin flew on the stone casing and plumed himself and sang.

"Cole, do you hear that?"

"What, Bob?"

"That bird; do you remember the mockingbirds in Missouri? Don't you, Cole?"

"Yes, ·Bob."

"Well, that bird brought mother back to me.

I could see her going to the well, and the birds on the trees and feeding around the door.

"Where's Deputy Westby? I want him."

The deputy was sent for and came.

"Well, Bob, how are you?"

"I'm at the end of my sentence, Deputy. In a few minutes I'll be pardoned out, and some way or other, Deputy, I think my soul will rest a while over yonder on that hill, the one we can see from the window. It has longed so to be there that I think - I think - Jim where's Jim?"

"Here, Bob, right here, brother."

"Cole - Jim - Deputy - Deputy, you've been good to us all, and to me, and I thank you; you're a kind good man, all the boys like you, and - and God bless you."

Here Bob Younger raised the deputy's hand and kissed it.

"Don't think I'm foolish, Deputy, you-are -good-very-good."

Slowly, more laboriously, came the dying man's breath. He raised up slightly and said:

"Cole, bring me a drink. Wait, I want to whisper to you."

Cole bent his head and as their tears mingled Bob whispered some name.

"Tell her," he said aloud, "tell her I died thinking of her."

A moment more, a long sigh, and then, death.

A convict no more, angel or devil, which?

Who shall dare say? Who shall say that his repentance was not accepted? Who shall say that Christ's atoning blood had not washed him "white as snow?"

CHAPTER 17.

 

A Change of Administration.

In 1890 Miss Retta Younger arrived at my home from Stillwater, conveying a message from her brothers, Cole and Jim, for me to come to Minnesota at once. About the same time I received a letter from Gov. Marshall, making the same request. I immediately took the train for St. Paul, a distance of five hundred miles, and conferred with both Republicans and Democrats - friends of the Youngers - as to the pardon proposition. This was previous to Merriam's second election. When it became known that he was to serve two years longer, all thought of pushing our undertaking, in which he should have anything to do, was abandoned. In fact, he had stated to us in a previous conference that it was needless expense and waste of time on our part to trouble him further.

At the expiration of Merriam's second term, Governor Lind succeeded him and served one term. I did not look for anything from Lind. H was generally conceded that he had no sympathy with this liberation scheme. But while he was let severely alone I was allowing no grass to grow under my feet.

Not to mention the unselfish and hearty encouragement I had already received from my friends in this state, I was gratified and made hopeful by the self-sacrificing and sincere spirit shown by so many of the citizens of Minnesota.

Save for the helping hand extended me by these people, all my efforts would have been vanity of vanities and this, one of the most cherished ambitious enterprises of my career, would have been numbered with the long list of life's failures.

In 1894 the Honorable Knute Nelson was elected Governor to succeed Lind, and was inaugurated in 1895. After a brief service as chief executive, Nelson was elected to the United State Senate and Lieutenant-Governor D. M. Clough, became Governor.

The following year I again circulated the Edwards' Petition at the General Assembly of Missouri, in behalf of the Youngers, and was happy in securing to it the signatures of nearly every member of that body. Besides all these, I had received hundreds more of letters from influential men in various parts of the country, all of which were addressed to Gov. D. M. Clough.

Maj. William Warner, the then United States Attorney for the Western District of Missouri; famous throughout the country as an orator and as a veteran of the Civil War, and former Commander-in-Chief of the Grand Army of the Republic, furnished the following letter:

"Learning that an application will be made to you in the near future for the pardon of Cole Younger and James Younger, now in the penitentiary of your state, I write you this letter.

"Without questioning the justice of the sentence or palliating in the least the crime for which these parties were sent to the penitentiary, I am convinced that the nineteen years. they have served, taking into consideration their uniform good behavior, that it would be a proper use of the executive clemency should

the pardon now be granted. They were young men during the war, and their acts after its close may be largely attributable to the occurrences during the Civil War. A pardon granted them would, as I believe, meet the approval of our citizens."

Honorable Webster Davis, of Kansas City, noted as an orator and lecturer, as the author of a successful volume on the Boer War, and as Assistant Secretary of the Interior, under President McKinley, sent this strong endorsement:

"As chief executive of Kansas City, Missouri, I write you to request that you pardon Coleman and James Younger from the Minnesota state penitentiary. They have been confined there for some nineteen years and have, I understand, conducted themselves well as prisoners. They have many friends and acquaintances in the State of Missouri who are anxious to see them pardoned; believing that they have been punished sufficiently. These friends are, also, good, law-abiding citizens of the State of Missouri, and they feel that, should you pardon them, they would conduct themselves in the future as law abiding citizens. I hope that you will grant the request. I am satisfied that you would not regret it in the future."

Honorable David DeArmond, one of the most distinguished members from Missouri, wrote:

"I join with many others in respectfully petitioning you to pardon Coleman and James Younger, now confined in the penitentiary of your state.

"I know personally that very many most excellent people-upright, moral, Christian citizens of this state - earnestly hope that executive clemency may be extended to these prisoners under life sentence.

"They believe and I believe that if released, the Youngers will lead lives of peace and good order, and that society can not gain by their longer continued confinement, and will not suffer, in the least particular, from their speedy discharge.

"The Youngers are most respectably connected, and many earnest pleas addressed to you for their pardon come from men as law abiding and worthy as are to be found in the United States.

"I sincerely hope you may find it consistent with your sense of duty to exercise the pardoning power in favor of these men who have been so long imprisoned, and I assure you that the act of mercy will win the lasting gratitude of thousands who are always on the side of law and order."

Honorable Charles G. Burton, of Nevada, Missouri, a prominent Republican and ex-member of congress from the Fifteenth district, wrote in strong terms as follows:

"I have been asked to join with others in soliciting the pardon of Coleman and James Younger, now confined in the penitentiary of your state. I do so without hesitation. In asking the exercise of executive clemency, I attempt no excuse or palliation for the crime committed. There was no excuse, neither were there any palliating circumstances. If the death penalty had been inflicted immediately following the conviction, no one could have denied its justness. But in accordance with the wisdom of your civilization, as made manifest in your law, they were incarcerated in the . penitentiary. The object of the punishment inflicted was to reform the convicted if possible, and to strike terror to all who might be inclined to follow in their footsteps.

"Both of these purposes have been accomplished in a great measure. The continued imprisonment of these men can result in no good to them nor be of any benefit to the state. Impressed with the belief that, if pardoned, they will devote the remainder of their lives to their own and the betterment of their fellowmen,

I unite with others, citizens of this state, in asking your pardon of them."

Hon. Lon V. Stephens, then State Treasurer of Missouri, and later Governor, gave me the following letter:

"I have felt the pulse of the people of Missouri, during the last five years, on the subject of the pardon of the Younger brothers, who are now confined in the Minnesota state prison. I have talked with several hundred people on this subject, Republicans as well as Democrats, and the sentiment is unanimous in favor of

this pardon. If you can see your way clear to issue it, it will be an  act that humanity will endorse and which will be appreciated by the good people of this state. Hon. W. C. Bronaugh, who has taken an interest in this matter, is one of the most prominent citizens of this state. There is no honor that he might wish at the hands of our people, he could not get. He has for years devoted his time and means toward the pardon of the Younger brothers. I commend him to your confidence and esteem."

Among these letters, bearing date in this year, was one from Hon. S. B. Elkins, now United States Senator from West Virginia.

Though a Republican partisan of unmistakable type, Senator Elkins took hearty interest in my movement for the release of the Youngers, because of an incident which occurred during the Civil War, in which his life was saved by Cole Younger.

Sometime in October, 1862, Quantrell and his band were in camp near Big Creek, in Cass county, Missouri, where they held under arrest, as a spy, Steve Elkins, a young Missouri school teacher. The fate of the prisoner was apparently sealed, for he was intensely hated by several of the more bloodthirsty guerillas.

Cole Younger, with a squad of men, two miles away, heard that Elkins was under arrest and at once galloped over to Quantrell and interceded for the prisoner, who had been his friend and schoolteacher before the war.

The guerilla chieftain listened patiently to Younger's statement and announced that he would release Elkins. The latter was placed in charge of Cole, who escorted him quite a distance from the camp and directed him which way to make his escape, toward either Harrisonville or Kansas City.

Elkins never forgot the kindly deed, and his rescue from what would have been certain death, and after Cole's pardon was granted the senator sent to his benefactor a check for one hundred dollars. April 3, 1896, Senator Elkins addressed me the following note from Washington, D. c.:

"You must pardon me for not replying sooner to your letter of March 5th, but I have been so very busy that I had not time to give it proper attention.

"Complying with your request, I enclose herewith a letter, addressed to Gov. Clough, which may be of service to you." The following is the letter:

"I learn that there is an effort being made to secure the pardon of the Younger boys, under life sentence for murder in your state penitentiary. "I knew these boys when they were children in Missouri before the war. They come of a good family. I knew their father and mother and they were good people, and these boys gave promise of making good men.

"During the war I think Cole Younger saved my life, and of course I feel kindly towards him and his brother. On this account I take the liberty of addressing you in their behalf. If you can see your way clear, under all the circumstances, to grant them executive clemency, it would greatly oblige me."

CHAPTER 18.

 

In the Presence of the Governor.

IN October, 1896, accompanied by H. A. Jones, a lawyer of Pleasant Hill, Missouri, and nephew of the Youngers, I again set out for St. Paul. Thence Mr. Jones and I went to Stillwater and had a conference with Warden Wolfer, and Cole and Jim Younger.

A few days thereafter, State Senator James O'Brien, State Auditor R. C. Dunn, Warden Wolfer, H. A. Jones and myself called on Gov. Clough at St. Paul, with this petition and these letters. Clough was a man of decided ability and well-deserved popularity. The delegation chosen to wait upon him was a strong one. The Minnesota members of it were quite as heartily in favor of the movements as were Mr. Jones and myself, and we were all hopeful of attaining the much-coveted end. The Governor received us with great suavity in his private office and listened patiently and attentively to the speeches made in behalf of the prisoners. Messrs. Dunn, Wolfer, and O'Brien were the spokesmen, and I can truthfully say their efforts were eloquent.

Every legitimate argument favoring a pardon was advanced. Warden Wolfer especially distinguished himself. His plea would have been creditable to any advocate at the bar.

Throughout it was lucid, strong and logical. This meeting was not devoid of dramatic features, especially at the close of the speeches, when the verdict was to be decided upon by one man-Gov. Clough.

The delegation remained seated in his office. The Governor arose from his chair and began walking up and down the floor. His hands were clasped behind him and his head was bent forward. Not a word escaped his lips. He looked like some tragedian treading the boards. And, indeed, he was an actor then and there in a scene surpassing many which are witnessed on the mimic stage. His soliloquy was not Hamlet's-"To be or not to be" -but his own-"To do or not to do."

The long suspense was painful to all in the room. Finally, Auditor Dunn could keep silence no longer.

"Dave Clough," he exclaimed, "sit down there and write that pardon out for the Youngers ! There will be only a nine days' howl over it by a lot of sore-heads and politicians. You know I have been an outspoken advocate and champion of the Youngers and everybody in Minnesota knows how I stood and still stand.

I have been elected Auditor three times and you know that at the last election I ran two thousand votes ahead of you."

This was apparently a clincher. None of us thought the Governor could withstand it, but would surely yield. He heard every word uttered by his friend, Dunn, in whose sincerity and honesty he placed absolute confidence.

The Governor was in a quandary. His desire was certainly to do what was best-what was right.

He walked and wavered and walked, revolving the great question in his mind. Personally he had much at stake, and then there were the people of Minnesota. He must not violate the trust and confidence they had placed in him by an unwise act of his own.

At length Gov. Clough found a refuge, and it must be acknowledged, a reasonable one, however disappointing it may have been to his petitioners. It lay in the fact that an amendment to the state constitution, creating a Board of Pardons, had been favorably voted on at the general election of 1896, and the Governor, in debating the momentous question placed before him, finally arrived at the conclusion that it should be left to this board.

This decision he firmly, but very considerately, announced to the delegation. He declined to put his signature to the petition for a pardon.

No one of our party questioned at that time Gov. Clough's sympathy. At heart he undoubtedly desired to favor us, but at the last moment he made up his mind otherwise.

Turning to us, he said: "Go home to Missouri, get another petition and have it addressed to the pardoning board."

Messrs. Wolfer and O'Brien suggested to me that I secure as many letters as possible, favoring 'official clemency, and have them ready to be seen by the board at the proper time.

Upon my return home I entered with renewed energy upon the task of soliciting letters in Missouri, Arkansas, Kentucky and Washington, D. C. In this my success was gratifying and went beyond my fondest expectations.

Men in various walks of life responded promptly and cheerfully. Veterans who had worn the blue mingled with those who had worn the gray in lending me assistance in what they considered a laudable enterprise.

"One touch of nature makes the whole world kin," and it may also be said that one stroke upon the chord of sympathy will vibrate in human hearts, though seas and mountains stand between.

CHAPTER 19.

 

A Memorable Year.

THE year 1897 is deeply engraved on my memory, for it was during that period that a supreme effort to secure clemency to Cole and Jim Younger was to be made. Their brother Bob, had long since passed away from all earthly pain and prison. He had paid not only the debts of transgression to the state but the debt of nature. which falls alike to all things mortal. A vast store of letters, and a powerful petition had been gathered for use in this campaign.

If legitimate influence were ever to accomplish anything, now was the accepted and opportune time to bring it to bear upon the proper authorities in Minnesota.

While my previous efforts had fallen short so far as my definite object was concerned, they had nevertheless been fruitful. The propaganda engaged in had opened the eyes of people blinded by prejudice and passion, and had aroused the sympathy of many whose hearts had been embittered by the tragic events of 1876.

With a large leather valise, packed full of precious documents, including a third petition from the General Assembly of Missouri, I left Kansas City for St. Paul, July 6, 189'7, again accompanied by H. A. Jones, of Pleasant Hill, Missouri, nephew of the Youngers. We reached the Minnesota capital the eve of July 7th,

too late to file these papers that day with the Board of Pardons. Wishing to maintain as much secrecy as possible as to our presence in St. Paul, we took due precaution to elude the ubiquitous newspaper reporter.

Perhaps it will not be inappropriate to reproduce here a few of these letters written by distinguished men in Missouri and elsewhere:

Gov. T. T. Crittenden, then Consul-General of the United States, wrote from the City of Mexico:

"To the Minnesota Board of Pardons: I am asked to write you a letter soliciting the pardon of the Youngers, now in your prison. I respectfully ask it. I was Governor of Missouri at the time the James gang was broken up and have some knowledge of the actions and crimes of the Youngers and James boys.

I do not justify or ameliorate anything either gang did. I applaud the activity of your people in pursuing, arresting and convicting the Youngers. I now beg their pardon on the grounds that they have paid a severe penalty; that they have been exemplary prisoners for twenty years; that they are now old and broken down; the law has been vindicated, and the few remaining years allotted to each, in freedom, would show that your great state was more merciful than vindictive."

James R. Waddill, of St. Louis, Union veteran, ex-Congressman, and Superintendent of Insurance for Missouri:

"At the request of their friends, and in perfect accord with my own feelings, from the standpoint of a Union soldier, which I was during the late war, I write you in behalf of a pardon for the Younger brothers. These men, now past middle age, returned to this, their native state, from the Confederate army at the close of the war and were so hostilely received at their old home that their lives were in constant danger, and they were forced to take to the woods. At the time of their return they were scarcely more than lads, with characters unformed; four years' experience in the wild life of Confederate cavalrymen, with the treatment accorded them on their return, prepared them for a reckless life, and they became highwaymen and desperadoes. The culmination of their criminal career was in your own state, with the result of a life sentence in your penitentiary.

They have been imprisoned now twenty years. Every report that comes to us concerning them is to the effect that they are entirely changed and reformed men.

I believe you will receive full confirmation of this statement from your penitentiary officials and the record of their prison life. Whatever of benefit can be attained for the state by penal servitude has certainly been realized; all the good that punishment can do in the case of these men has been accomplished. I believe that the time has come when it is wise-when both the requirements of wisdom and justice will be fully met by the exercise of the divine quality of mercy in granting full pardon to these men. I therefore add my voice to the many who will speak or write to you in behalf of their pardon; and I will be deeply grateful if you can see your way clear to set them free, and let. them return to a loving sister and their kindred here in their native state to spend the remaining days of their lives, and at the end to be laid away with their fathers. I believe this is just and right, and I therefore make this request."·

On July 6, 1897, United States Senator F. M. Cockrell wrote me from Washington City the following note:

"My Dear Mr. Bronaugh: I have written and mailed to The Honorable-The Board of Pardons for the State of Minnesota, St. Paul, Minnesota-a letter strongly urging the pardon of Cole and James Younger. It will reach St. Paul prior to July 12th, when the Board meets. I trust pardon will be granted to them.

With kindly remembrances and best wishes,

"Your friend,

"F. M. Cockrell."

The following is the letter:

"I have heretofore declined to ask or to join in asking pardon for Cole and James Younger, confined in your penitentiary at Stillwater. "I believe the time has now come when the best interests of good government will be promoted by their pardon. They have served nearly two-thirds of the average term of life, Uncomplainingly, obediently and submissively. It is sufficient in length to act as a deterrent. I believe their reform is genuine, honest, and true, and will be exemplified in their words, actions, and general behavior if they are pardoned. They will be living examples of the reformatory power and influence of imprisonment for crime. I believe that now an overwhelming majority of the people of Missouri will justify and sustain their pardon and restoration to citizenship and liberty. They belong to an old and respected family in Missouri.

I knew their father and mother personally. They were most excellent, intelligent, worthy people, peaceable, quiet and law-abiding, and reared their children properly. Their inherited natures and dispositions were peaceable, law-abiding, humane and honorable. These traits will be exemplified in the actions of Cole and James if they are pardoned. I therefore earnestly hope you will feel justified in having pardon granted to each."

Hon. John F. Philips, a colonel in the Union army, ex-Congressman, and Judge of the United States District Court for the Western District of Missouri, wrote as follows to the Hon. Charles M. Start, Chief Justice of the Supreme Court of Minnesota, and member of the pardoning board:

"I beg to add my recommendation to that of other citizens of this state for the pardon of the Younger brothers. I have no other interest in this matter than that which springs from humanity and mercy. These unfortunate men and myself were on opposing sides during the war. I never had any sympathy with their acts of lawlessness. But my feeling is that the conduct of these men was largely the fruit of the bitter predatory war that prevailed here in Missouri. Thirty years and more have healed up its wounds among ·our our people and nearly all of its scars have been obliterated. Time has brought healing on its wings to our people. Surely the Younger brothers have suffered enough. They are now old men, and I think that Justice has presided long and well enough in this case, and that Mercy might now be admitted to sit by her side."

March 10, 1896, United States Senator George G. Vest dropped me the following note:

"My dear Sir: Yours of March 5th has just been received, and I enclose you the within letter, which I hope will be sufficient."

The following is the letter:

"·While I have not the slightest sympathy with lawlessness in any form, I have no hesitation in asking you to pardon Coleman and James Younger.

"It seems to me that all the ends of justice have been accomplished.

"That they have been made better men is evident from their. good conduct as prisoners, and that others have been deterred from like crimes, is shown by the infrequency of such offenses in late years, and the capture in every instance of the criminals by determined pursuit.

"Besides this, there is much extenuation for these men, in their personal history.

"Their father, whom I knew, kept a livery stable in Harrisonville, Cass county, Missouri, and was a staunch Union man. In 1861, Kansas troops, under Jennison, forcibly seized the horses in his stable, and shortly afterward the elder Younger was murdered.

"His sons, maddened by the outrage, joined Quantrell's band, and there learned the lesson which culminated in the crime which they are now expiating.

"They come from one of the best families in Missouri, and but for circumstances, would have been peaceable citizens. "I hope you can find it consistent with your sense of duty to pardon them."

Maj. James Bannerman, President of the Ex-Confederate Association, wrote to the board:

"It is with sincere pleasure I recommend the pardon of the Younger brothers, who, I understand, have served what is usually considered a lifetime term. I am fully satisfied that if reprieved their early training and the long time they. have had for reflection would be a safe guarantee of good citizenship in the future.

I know many of their relatives in this state who are honorable people, some holding positions of honor and trust.

"Missouri has by its legislature this winter established a home for the Federal and ex-Confederate soldiers, showing to our country that no feeling of bitterness existed in our glorious old state. This act of clemency on your part would confirm what our legislature has so nobly done, and wipe out forever the last vestige of

a punishment inflicted for a crime, the result of getting into the crooked road and evil ways during the terrible struggle of thirty-five years ago.

"The Han. John J. Crittenden, of Kentucky, in an address to a jury, said:

" 'When God in His eternal counsel received the thought of man's creation, He called to Him the three ministers that wait constantly on the throne-Justice, Truth, and Mercy and thus addressed them: "Shall we make man ?"

"Justice answered: "Oh, God, make him not, for he will trample upon my laws" Truth made answer also: "Oh, God, make him not for he will pollute the sanctuaries." Then Mercy, dropping upon her knees and looking up through her tears, exclaimed; "Oh, God, make him, I will watch over him with my care through the dark paths he may have to tread." Then God made man and said unto him, "Oh, man thou art the child of Mercy,

go thou and deal mercifully with thy brethren.' "

"The reprieve of those men would be acceptable to the people of  Missouri, regardless of the past."

Hon. Champ Clark, member of Congress from Missouri, wrote: "In common with hosts of law-abiding citizens of one of your sister states of the Great Valley, I have felt a deep interest in the unhappy, but, perhaps, deserved, fate of the Younger brothers, now in the prison at Stillwater. As one who feels that their crime, though great, has been expiated by their twenty years of prison life, I would beg to add my voice to the sound of those raised in asking for the pardon of these men. I have every reason to believe that they, even yet, if released, would live to be respected citizens of their native state. They show evidences of a desire to live a better life than was theirs in the past.

Feeling as I do that the ends of justice have been fully served, and that theirs has been a far-reaching example, I beg to ask that they be permitted to end their lives in their old home and among the friends of their early days."

Hon. Shepard Barclay, Judge of the Missouri Supreme Court, and a personal friend of Chief Justice Start, of Minnesota, wrote:

"Mr. W. C. Bronaugh, of Missouri, is about to submit to your honorable board an application for clemency toward the Youngers. who are serving a term of imprisonment in Minnesota. I am not sufficiently acquainted with your laws to know the proper limits of your discretionary power in such cases; but if it

be entirely appropriate, allow me to say. that I join with Mr. Bronaugh in requesting favorable consideration of the said application, believing that the interests of public justice would suffer no injury by the granting thereof at this time."

Hon. J. L. Bittinger, distinguished Missouri journalist, member of the Missouri legislature, and United States Consul to Montreal, Canada, wrote as follows:

"In common with a large number of Republicans in Missouri, I earnestly  recommend the pardon of Coleman and James Younger from your state prison. They have now been confined more than twenty years, certainly a punishment long and severe enough for almost any crime. From what I can learn of their conduct in this position I am satisfied they will emerge from prison to make good, law-abiding, and useful citizens. Their release will greatly gratify a very large number of people in this state, and be almost universally approved by all classes."

Hon. \V. S. Cowherd, member of Congress from the Fifth Missouri district, sent the following:

"I desire to add my request to the numerous ones I know you have already received, asking the pardon of Coleman and James Younger. As a boy, I knew them both. They were members of an honorable family in this county, and I have always believed that their crimes were the outgrowth of the war and the peculiar

conditions surrounding those who had taken part in the border warfare between this state and Kansas.

"I understand, as' prisoners, their record is without a blemish. They have now served what is more than the ordinary lifetime in the walls of the penitentiary and it seems to me that a pardon would be no more than meeting the dictates of mercy and humanity."

Hon. M.·E. Benton, member of Congress from the Fifteenth Missouri district, and

nephew of the great Thomas H. Benton, wrote:

"I respectfully recommend the pardon of Coleman and James Younger, who have been confined in your prison for twenty years. I do not discuss with you the guilt or innocence, or the amount of turpitude of these prisoners. I have always believed that a man should not serve in prison for a term less than five years nor more than fifteen years. Because, if less than five years he learns nothing that will be useful to him after his release. And if for more than fifteen years he loses hope and is heartless.

"I have served for a number of years as a prosecutor ~or the state, and as  attorney of the United States, and I have deliberately come to this conclusion. I believe now these men have been severely punished, and that it would be an act of mercy and humanity, to let them spend the remainder of their days as free men."

Gov. W. J. Stone, ex-Congressman, and now United States Senator from Missouri:

"I address you in the interest of the Youngers, now confined in the penitentiary. I desire to join with others in recommending their application for pardon to your honorable Board's most kindly consideration. I do not know either of the petitioners, but am acquainted with some of their relatives in this state. The Youngers here are in every respect reputable and worthy citizens. The conditions existing in this state during and immediately following the war were peculiar. They were without parallel in any other section, so far as I know. A great many terrible tragedies were enacted and all the worst impulses of a number of men were stirred into the most savage activity. I do not refer to this either to excuse or to extenuate any unlawful acts committed by the Youngers here or elsewhere, but to those familiar with the situation, it is not difficult to understand how men, naturally well disposed, and who ordinarily would develop into useful citizens, were led or driven into excesses which practically made them outlaws.

In those days there was an unforgiving spirit of bitterness throughout the state. There were feuds and vendettas, and men were hunted like wild beasts and shot. But all those days are now happily long since past. There is no vestige of that old bitterness remaining. The Youngers at Stillwater are almost the sole remaining reminders of that era, and all feeling against them has disappeared.

I believe I am safe in saying that our entire population regards their unhappy condition with real commiseration and would be rejoiced if their liberty should be restored.

I have no doubt they would return quietly to their old home in Missouri and remain law abiding citizens during the rest of their lives. I have heard many prominent men in different sections of the state, and of all political parties, express their hope that they might be pardoned, in which hope I personally share. I beg to ask the Honorable Board's patient and merciful consideration of their application. I will be greatly pleased if in the discharge of your duty you can see your way clear to release them."

CHAPTER 20.

 

The Board of Pardons.

ON July 8,189'7, I succeeded in filing these documents with the Board of Pardons. This board was composed of three members - Gov. Clough, Attorney-General Childs, and Chief Justice Start. These distinguished gentlemen convened in their official capacity in the Governor's office. Announcement of this meeting had previously been made in the newspapers, and public interest was thoroughly aroused, A motion of the pardon of the two Younger brothers would be brought up July 12th for consideration for it was known that the all-absorbing question and decided for or against them. Their fate was hanging in the balance, as also were the hopes of their adherents.

Farmers came into town from all the surrounding neighborhood and men in the city left their places of business to attend the meeting.

Northfield sent a large delegation, among which were a number of the most prominent and influential men in the state. It is needless to say that a majority of them were strenuously opposed to a pardon and they came to the capital to add their voice to the protest of others.

The Governor's office was crowded with eager visitors, and hundreds of people surged into and out of the building. Interest had reached a high pitch and the scene presented was one long to be remembered.

The board met promptly at 11 o'clock Monday  morning, July 12th. Gov. Clough, the chairman, was seated between Attorney-General Childs at his right and Chief Justice Start at his left. Gathered about them were noted men, some of whom were to make appeals for pardon, while others were to oppose it with all the power and eloquence at their command.

One of the most forceful and eloquent arguments was made by Judge James McCafferty, who left untouched no detail that could add strength to his effort. He made an especially effective point when he recited an instance of a terrible tragedy enacted in a Minnesota county.

A certain man living at a little town had murdered his wife, chopped her body into pieces, placed them in a box and put it under the floor for concealment. The night following the day of the diabolical deed he invited a number of his neighbors to a party at his house. These men and women, innocent of any knowledge or even suspicion of the ghastly crime, danced above the mutilated corpse of the wife, whose absence from the revel was cunningly explained by the guilty husband.  He himself was among the gayest of all that company.

Some days later a sickening stench from the premises attracted attention, investigation was made, the hidden body was found, and the murderer, who had fled in the meantime, was arrested, tried, convicted, and sentenced to the Stillwater penitentiary for life. After having served only eight years, a pardon was granted him by Gov. Merriam-the man who had so inconsistently refused to grant clemency to Bob Younger, who had served thirteen years in the same prison, and none of whose crimes had ever approached in atrocity this other one.

Col. Norrish, of Hastings, Minnesota, who had been a member of the board of prison officials; and Mayor Smith, of St. Paul, made stirring appeals for the pardon.

County Attorney A. L. Keyes and Mayor A. D. Keyes, of Faribault, appeared before the board and made earnest pleas against pardon.

In his remarks, Mayor Keyes said:

"There are three things we want to know, and Cole and Jim Younger can tell us about them better than anyone else. These three things are:

"First, was Frank James in the bank on the day of the robbery?

"Second, who was the last man who left the bank?

"Third, who was the man who rode the . buckskin horse?"

Gov. Clough here interposed and asked what these questions had to do with the matter. The James boys were not on trial.

Mr. Keyes explained that the last man to leave the bank on the day of the robbery was the man who killed Cashier Heywood, and the Younger brothers knew who that man was, said Keyes:

"These men come here and ask for a pardon on the grounds that they have reformed in mind and morals as well as in heart, and they are prepared to become good citizens, if they are released. We claim that it is not too much to ask that they shall remain where they are until they disclose the name of the man who

killed Heywood. It is not an element of good citizenship to conceal a murderer. Good faith on their part demands that they disclose the name of the man who killed Cashier Heywood, that the man may be brought back to Minnesota and punished. If the murderer was Frank James, as we are led to believe, then he has

never suffered anything for his crime. He has never even been imprisoned, and it is no more than right that he should suffer the penalty in some measure at least. If the Youngers are now the good citizens they claim to be, they would go on the stand and by telling the truth would assist the authorities of this state in bringing the Northfield murderer to justice."

Many affidavits were presented to, the board from eyewitnesses of the shooting of the Swede boy, Gustafson, and all stated that Cole Younger has that deed to answer for.

After the affidavits had been filed, charging that it was Cole Younger who shot the Swede at Northfield. there was a good deal said as to the credibility of the witnesses making these.

Attorney Baxter visited the vicinity of the killing the morning after it took place and talked with a number of persons residing in that neighborhood. None of them had seen the shooting. The verdict of the coroner's jury was as to the effect that Gustafson came to his death by a stray bullet, fired by an unknown party.

This was a strong point made in favor of Cole Younger, and certainly it was a welcome one to his supporters, for the opposition was making a stupendous effort to break down the defense.

Finally it came my turn to make a speech. I had never established a reputation in Missouri  or elsewhere as a "spell-binder." I had passed the most of my life in agricultural pursuits and knew far more about crops and cattle and hogs and horses than I did about oratory and rhetoric.

Realizing the magnitude of the task before me and my forensic limitations, I prepared my speech beforehand, assisted by Warden Wolfer.

I instructed the typewriter who took it down for dictation, to make the letters as large as a light-house, if she could. so that I might not lose my way. It was an imposing speech, on paper at least, and I set about to become more thoroughly familiar with it.

I retired to my room at the hotel, sat up until after 12 o'clock one night, and read that thing over thirty-seven times by· actual count.

When I arose, therefore, in that august presence and before that large assemblage, with my speech fluttering in my fingers, I experienced a strange and sudden attack of nostalgia. Plain people can it homesickness. But my whole heart was in the cause, and what I may have lacked in eloquence I made up in earnestness.

When the arguments, pro and con, had all been heard, the members of the board were ready to cast their votes. Judge Start, as had been feared, voted in the negative. It was generally understood that his associates favored pardon, but inasmuch as the vote had to be unanimous in order to be valid, Messrs. Clough and Childs made it so.

Contrary to expectations, the board late that night gave out a statement of its reasons for denying pardon. It is as follows:

"While under the law the Board of Pardons is not required to make a statement of its reasons in a case where a pardon is denied, it is, perhaps, just as well that the public should know· the grounds on which the Board based its refusal of a pardon to the Youngers. The petitioners in law and in fact were murderers.

This proposition was established by a plea of guilty and the final judgment of a court of competent jurisdiction. It is the exclusive province of the Legislature to prescribe as punishment for murder, either death or imprisonment.

"The Board of Pardons had no moral right to interfere with this punishment unless there are extenuating circumstances. The character of this crime renders it one absolutely without extenuating circumstances. Even the advocates of a pardon did not venture to suggest that the sentence was not just. No one claimed

that there was any injustice done here, and the only reason urged for a pardon meriting serious consideration was the fact of the early environment of the petitioners and that they are now reformed. Their parentage was good.

As to their environment, eleven long years passed after the close of the war, and instead of following the example of the men at Appomattox, who accepted in good faith the magnanimous terms offered by Grant, and returned to their homes and the peaceful pursuits of civil life, they became a part of a notorious band of outlaws. The plea that they should be pardoned on the ground of their early environment seemed to the Board to be wholly insufficient to warrant their pardon.

"The claim that they are reformed, conceding it to be a fact, if made the basis of their pardon, would require that every life convict who serves twenty-one years should be pardoned.

In short, if these petitioners were pardoned, as a matter of fairness, in the case of every person convicted of murder his sentence should be commuted to life imprisonment with the understanding hat if he conducted himself properly and. reformed, he should be set at liberty at the end of twentyone years. For the Board to adopt such a policy would be an arbitrary usurpation of irresponsible power which would prove a menace to life and a curse to the state. The highest public interests of the state imperatively required that the application be denied."

 

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