a stock of groceries which they owned there. Both men were well armed, having three navy revolvers and a shot-gun.
When this news was transmitted to me by telegraph, I decided that this man Cousins must be Barton, and that Hillary Farrington might possibly be at Lester's Landing, as they said. I therefore telegraphed to William, who I knew would be in St. Louis that day, en route to Verona, that he had better take Connell and Galway back to Lester's to capture Hillary, while Cottrell and Marriott undertook the arrest of Levi and Barton at Durham's. I also sent a dispatch to Cottrell to take no steps for their arrest until after William should have captured Hillary.
William, having previously thoroughly examined the contents of the store at Lester's, knew that they were not worth over two hundred dollars, and he telegraphed me to that effect, suggesting that it was improbable that Hillary should run so much risk for so small a sum. On learning this fact, I coincided with him, and ordered him to go on to Verona, as I had originally intended. I desired that he should keep the Durham place carefully watched until the arrival of the other Farrington, who, I believed, would soon join the rest of the party; then, in case he arrived, we should get all three together; but, if the other two should show any signs of moving off, they could be taken at any time.
Mr. O'Brien obtained requisitions from the Governor of Tennessee on the Governor of Missouri for the three men, and I felt that success was only delayed a day or two at most.
CHAPTER VIII
A determined Party of Horsemen. – The Outlaws surrounded and the Birds caged. – A Parley. – An affecting Scene. – The burning Cabin. – Its Occupants finally surrender.
While the telegrams were flying back and forth on Tuesday, the twelfth, Cottrell and Marriott were busily engaged. Early that morning Mr. Stone came to Verona, and told them that he had learned that Farrington and Cousins intended to leave Durham's for the Indian Territory the next day. The news was doubtless authentic, Stone having heard it from Smothers, who had said that Farrington had told him so himself. It was clearly impossible to wait for William's arrival, as, by that time, the men might be safely hidden in the wild country to the westward. Instant action was absolutely necessary, and Cottrell so informed Mr. Purdy, who soon gathered a force of eight men. Very little would have been needed to obtain even a larger number of recruits, for, had Mr. Purdy and the detectives publicly told the story of the men whom they wished to capture, there would have been plenty of eager volunteers, all anxious to aid in ridding the country of such a band of outlaws. It was not deemed advisable, however, to summon a large posse, lest the news might spread so fast as to reach the ears of the criminals before the detectives could surround them; on this account only a few reliable men were let into the secret, and they left town singly and in pairs to avoid observation, having a rendezvous outside.
Just before starting, Mr. Purdy received a dispatch from the general land agent, ordering him to Pearce City instantly, as several purchasers of land were awaiting him there; although he tried to have his visit postponed one day, he was unsuccessful, his orders being imperatively repeated by telegraph, and so he was unable to accompany the detectives and citizens on their expedition to Durham's. The party of eight met the detectives outside the town, and they were joined on their way by three others, who lived on the road. They were all substantial business men or farmers, but they were accustomed to a life in the saddle, and they had all borne arms during the war on one side or the other. In spite of their present peaceful occupations they were not a body who could be trifled with, and it was evident that any gang of desperadoes would find their match in these cool, determined, law-abiding men.
A few miles from Verona they met a young lady riding a large brown mule, but none of the men in the party knew her. Cottrell felt sure, however, that she was Durham's sister, and that she was riding Farrington's mule. The descriptions he had received of the girl from Stone and Wisbey coincided exactly with her appearance, while the mule could not be mistaken. He therefore sent a man back to watch her, lest she should have taken alarm at so large a cavalcade of armed men. She rode on to Verona, however, without showing any signs of uneasiness, and the scout soon overtook the party.
On arriving one mile from Wisbey's, Marriott went on to Stone's house with six men, while Cottrell went to Wisbey's with the other five. Stone and Wisbey soon gathered a number of the neighbors, among whom was John Ellis, who owned the house and land where the Durhams were living; he was a very highly respected citizen, and was not at all displeased at the idea of getting rid of his semi-disreputable tenants. The management of the affair was then unanimously voted to Cottrell, and the party rode rapidly toward the Durham house. It was situated at the edge of a clearing, with underbrush and woodland close to it on three sides, so that great caution was necessary, lest the villains should see them approaching, and escape into the woods. At a reasonable distance from the house, therefore, the party divided, a part, under Marriott's direction, dismounting and making their way to the rear of the house on foot. When sufficient time had elapsed to enable the latter party to surround the house, Cottrell, with the remainder, dashed up to the front of the house and spread out, so as to make sure that no one should escape. As they approached, a man, who proved to be Jim Durham, appeared on the porch and asked what they wanted; to which Cottrell replied that he wanted the men in the house.
The words had hardly passed his lips ere Barton sprang into the open doorway with a navy revolver leveled at Cottrell; but, seeing that the latter, as well as several others, had him covered, he shut the door quickly and started for the back of the house. By this time, however, the cordon of guards had drawn close around, and, as he emerged at the rear, he found himself confronted by half a dozen determined men, who ordered him to surrender. He then hastily tried to close the back door also, and pointed his revolver through the crack; but the discharge of several shots, which struck close to him, caused him to withdraw his pistol and tightly close the door. It was evident that the birds were caged at last, and it was now only a question of time when they would be taken; as it was only one o'clock in the afternoon, there were still four hours of daylight to conduct the siege.
Jim Durham, when he saw the rifles and revolvers of so large a force pointed at him, was thoroughly frightened, and he begged piteously that they would not shoot him. Cottrell placed his men behind trees, fences, and other protections, so as to be safe from any attempt to pick them off by the men in the house, and yet to guard every means of exit from the place; he then called Jim Durham out and searched him, finding nothing but a single-barreled pistol. He then sent Jim to the door of the house to summon the men inside to surrender, telling them that he was determined to have them – alive if possible, but if not, dead.
They refused to surrender, saying that they would kill any man who should approach the house. When Durham brought back their answer, Cottrell sent word that he would give them five minutes in which to decide whether they would yield peaceably or be burned out and shot to death. Just then Mrs. Durham, the mother of the Durham boys, begged Cottrell to allow her to go speak to Farrington and Barton, as she believed she could induce them to surrender. Accordingly, she went to the front window and implored them not to have the house burned down, as all her household goods would be destroyed. They replied that they might as well die inside as to come out and be shot down. Cottrell sent back word that they should be treated like all other prisoners if they would pass out their arms and surrender quietly; but if they tried to fight or resist, they would surely be killed.
As they still refused, Jim Durham was sent to barricade the doors with fence rails, so that they should not be able to rush out unexpectedly. He whined and complained that the men inside would shoot him, but he was obliged to go, and though they did threaten him, he was able to crawl up and lay the rails without getting within range. The house was a solid log cabin, with only two doors and very few windows, so that it was possible to approach it in one or two directions without exposure to a fire from within. When the doors had been securely barricaded, Cottrell ordered him to get on the roof, which was a common shingle roof, and set fire to the house. Mrs. Durham was carrying on at a great rate, first begging Farrington to surrender, and then praying to Cottrell not to burn her property. John Ellis, to whom the house belonged, gave full permission to burn it, and a fire was built in the open air to make brands to set it afire.
Mrs. Durham was allowed to make one more appeal to the ruffians inside, but they would not listen to her entreaties. They asked her, however, what kind