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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