Tales from the Morgue

July 3, 1985 The M'Ros Killing

August 7, 1895 John Wesley Hardin Charged With Threatening Mrs. M’rose’s Life

August 20, 1895 John Wesley Hardin Shot - Abrupt End of a Bad Man’s Career

He Was Bad 08/21/1895

A Brief Sketch of J.W. Hardin’s Eventful Career.

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“YOU BEAT FOUR SIXES.”

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And Captain Sellman Did It – Last Words of John Wesley – A Conflict of Authority. Out on a Ten Thousand Dollar Bond, Henry Brown’s Testimony – Further Investigation this Morning.

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The people of El Paso breathed a sigh of relief yesterday morning when they read in the TIMES the story of the killing of John Wesley Hardin at the Acme Monday night by John Sellman. Some said it looked like murder, but all agreed that it was what they had been expecting. Three out of every four persons met said Captain Sellman had done the proper thing in killing Hardin and taking no chances, while the fourth would admit that Hardin’s death was a good thing for El Paso, but they thought he should have been given “a showing for his white ally.”

The taking of testimony was resumed by Justice Howe yesterday afternoon and the following additional testimony was taken:

Henry S. Brown testified: “I am in the grocery business in El Paso with Lambert. I dropped in the Acme last night a little before 11 o’clock and met Hardin and several other parties. Hardin offered to shake me the dice I agreed and shook first. He shook back and said he’d bet me a quarter on the result he could beat me. We both had our quarters up and we were shaking dice. I heard a shot fired, saw a flash and Hardin fell at my feet at my left side. I heard three or four shots fired. I then left, went out the back door and don’t know what occurred afterward. When the first shot was fired, Hardin was against he bar facing it as near as I can say, his back was toward the direction the shot came from I did not see him make any effort to get his six shooter. The last words he spoke before the first shot was fired were: “Four sixes to beat,” and were addressed to me. For a moment or two he had not spoken to any one but me. I had had no idea any one was quarreling there from anything I heard. – H.S. BROWN.

We the undersigned practicing physicians hereby certify that we have examined the gunshot wound on the person of John Wesley Hardin, deceased, and it is our opinion that the wound causing his death was caused by a bullet wound, that the bullet entered near the base of the skull posteriorly and came out at the corner of the left eye. –S.G. SHERARD, W.N. VILIS, ALWARD WHITE.

While Mr. Brown was being examined by the county attorney Mr. O.B. Patterson entered the court room and announced that he was there as attorney for Mr. Sellman and he objected to the county attorney asking the witness leading questions instead of allowing him to make his plan statement. Mr. Patterson also stated that he had issued a warrant for the arrest of Sellman, who would have a preliminary hearing in the recorder’s court.

At this point the prisoner left the court room and was arrested on the street by Officer Chaudoin and taken to the city hall where Recorder Patterson gave him a hearing and accepting the testimony published in the TIMES yesterday morning fixed Mr. Sellman’s bail at $10,000, which was promptly given with Messrs. W.J. Fewel and A.A. Howard as sureties. When Justice Howe learned that Mr. Sellman was out on bond, he declared that the bond was void; that bail could not be allowed in murder cases while the preliminary hearing was pending and he said he would notify the sheriff to arrest Mr. Sellman. The sheriff was notified and he consulted his attorney Judge Edwards, who said he would not, under the circumstances, advise the sheriff to arrest Sellman a second time, though he thought the sheriff had a perfect right to do so, but as everybody knew that Mr. Sellman would never think of leaving the city, there was no occasion to put him in jail. And thus the matter stands. At 9 o’clock this morning Recorder Patterson will resume his investigation into the case as will also Justice Howe.

“FOUR SIXES TO BEAT.”

According to Mr. Brown, who was throwing dice with Hardin when he was killed, Hardin had just made his throw and shoved the box toward Brown with the remark “You have four sixes to beat,” when there was a deafening report and Hardin fell at Brown’s feet. Constable John Sellman had beat the four sixes and John Wesley Hardin was no more. It is understood, however, that Shorty Anderson was in the saloon at the time, and that he will testify that when Constable Sellman entered the door Hardin saw him in the glass back of the bar and attempted to pull his pistol but failed as the gun seemed to be caught in his breeches in some way.

Mr. Stevens, the proprietor of the saloon, who is very much mortified over such an occurrence taking place in his house, was setting back in the little ante room a adjoining the bar, talking to Shorty Anderson when the shooting occurred, but his position did not command a view of the bar, so he could not see what movement Hardin might have made. One man stated that he saw Sellman and Hardin chatting together in the saloon card room at 8 o’clock and that he heard them make an engagement to go out on a lark together. But several parties who were sitting out in front of the saloon say that Mr. Sellman came out of the saloon angry and said that Hardin had threatened to chase him around the block if he (Sellman) was there when Hardin came out of the saloon. And as John Sellman is not one of the running kind he notified his son to keep out of the trouble and he sat calmly down to await its coming. It is strange if Hardin did not see any signs of his impending doom – the doom which he has been courting so assiduously since he came to this city last October.

HARDIN’S HISTORY

John Wesley Hardin was born in Comanche county in 1851. “I met him,” said Deputy Sheriff J.O. Jones yesterday, “In 1874 at Comanche, Texas. His father was a Baptist minister, a good man who was held in high esteem by the people of Comanche. The wild, lawless acts of his son broke the good old gentleman’s heart and hurried him to his grave. John Wesley came to Comanche with a gang of about seventeen alleged cowboys with a herd of cattle that afterward proved to have been stolen in another county. Hardin and his crowd had the town of Comanche corralled during the year 1874. They would come in and “shoot up” the town nearly every night. They would enter stores, take what they wanted and offer to pay the merchant in bullets. Young Hardin was recognized as the most reckless young dare devil in that section. He was as quick as lightning with his gun and a dead shot. He took sides with the Taylor boys. The factions were scattered over the counties of Dewitt, Gonzales and Comanche and Hardin was the leader of the Comanche county Taylor faction. Every time any of the two factions came together there was a killing and Hardin devoted himself to hunting down the Sutton people with the ardor of an enthusiastic sportsman chasing down the fox, and there is no telling how many men he killed. The feud resulted in the killing of between 35 and 40 men. About the middle of February, 1874, Deputy Sheriff Webb of Brown county rode into the town of Comanche armed with a warrant for the arrest of one of Hardin’s men. The officer left his horse at a stable and entering the back door of the principal saloon of the place, he saw Hardin and his gang in the saloon and started to pass on through but Hardin walked up to him and asked: “Have you a warrant for anybody here?” Webb replied that he did have such a warrant, and then Hardin asked what he intended to do with it. “I intend to execute it,” responded the plucky officer. With the remark, “I guess you won’t,” Hardin drew his gun and commenced shooting and Webb also had his gun out at work. Webb was killed but I think one of Hardin’s men did the killing. This act made Hardin an outlaw and a fugitive from justice. Still he defied capture and succeeded in making several more killings before he was caught in 1876. He was then tried, convicted and sent to the penitentiary for twenty-five years, and was pardoned by governor Hogg in February, 1894. John Wesley’s doings since then you are acquainted with. But he had a brother Joe who was lynched by the people of Comanche soon after the killing of Webb in 1874 because he was John Wesley’s brother. Joe Hardin was a lawyer and land agent, and it is stated he had in his possession seals of thirteen counties which he used in making out bills of sale for stolen cattle, etc.”

Mr. Jones speaks in highest terms of praise of the father and later of John Wesley Hardin. The widow of Joe Hardin, a most estimable lady, married Wood Pierce, a well known horseman of Austin. Hardin was a second cousin of Mrs. J.L. Whitmore and Mrs. Frank Powers of the city. His son, who is about 18 years old and lives on a ranch somewhere near San Antonio, is a fine young man; sober and industrious, inheriting all the virtues of his mother and none of the vices of his father. The wife of Hardin died while he was in the penitentiary. Alderman Whitmore says that when not under the influence of drink Hardin was a fine fellow; that he knew his faults and honestly intended to mend his ways and become a good citizen. Mr. Whitmore thought a great deal of him and often lectured him with wholesome advice and endeavored to persuade him to leave El Paso. Hardin was engaged in writing the history of his life and about 350 sheets of his manuscript was found in his room. He told a friend the other day that he would complete his history today.

The funeral of his deceased was conducted from the Star Stable undertaking parlors yesterday afternoon, Rev O.J. Oxley officiating. The remains were laid to rest in Concordia Cemetery.

AFTER THE SMOKE

When Undertakers Powell and Ross undressed Hardin they found his body covered with the scars of old wounds as follows: Two old gun shot wounds close together on right side just above hip bone; gun shot wound on inside of left thigh midway between the knee and groin and a similar wound on inside of right thigh; gun shot wound on back of right elbow; large knife cut wound just below rib on left side besides numerous small scars. Hardin’s death is just what was expected. When drinking he was overbearing and abusive and believed rightly that the people feared him. Officer Chipman voiced the sentiments of all the peace officers when he said yesterday:

“When I read in the TIMES this morning that Hardin was dead I drew a long, deep breath of relief. Every day I feared I would be called into some saloon to arrest Hardin and run the risk of being killed. I never felt better when I saw him dead and I do not think Hardin ever looked better.”

The reporter heard but on single expression of regret yesterday at the death of Hardin. Nearly everybody agreed that it would have been foolish for Captain Sellman to have taken any chances.

Posted by Trish Long on September 11, 2009 at 11:08 AM | Permalink | Comments (4) | TrackBack (0)

September 10, 2009

John Wesley Hardin Shot - Abrupt End of a Bad Man’s Career

May 2, 1895 El Paso Has Lost Her Nerve

July 3, 1985 The M'Ros Killing

August 7, 1895 John Wesley Hardin Charged With Threatening Mrs. M’rose’s Life

Around Town 08/11/1895

J.W. Hardin plead guilty to carrying a pistol in the recorders court yesterday and was find $25.

Hardin Writes Card 08/11/1895

J.W. Hardin Writes a Card.

Yesterday morning John Wesley Hardin, accompanied by United States Deputy Marshal Scarborough, called at the TIMES office, where Mr. Hardin wrote the following card for publication:

“TO THE PUBLIC”

“I have been informed that on the night of the 6th, while under the influence of liquor, I made a talk against George Scarborough, stating that I had hired Scarborough to kill M’rose. I do not recollect making any such statement and if I did the statement was absolutely false, and it was super-induced by drink and frenzy.

JOHN WESLEY HARDIN.

The above card is published at the request of Mr. Scarborough, for whom it was written.

John Sellman Sends a Bullet Through His Brain 08/20/1895

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Was “Coming Smoking”

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Abrupt End of a Bad Man’s Career- The Tragedy at the Acme Saloon Last Night. Testimony of Those Who saw It – He Was Angry Because Young Sellman Arrested Mrs. M’rose.

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John Wesley Hardin met his fate last night. He was shot and killed by Constable John Sellman.

According to Mr. Sellman’s statement he met Hardin yesterday afternoon in front of the Acme saloon and Hardin commenced abusing his (Sellman’s) son for arresting the M’rose woman a few weeks ago. Sellman protested against the abuse and Hardin threatened to make him run out of town. Later in the evening the two men met in the saloon and the talk was renewed. Then Sellman told Hardin if he wanted to fight to go outside and get in the road. Hardin retorted that he would come out soon and that when he did come he would come smoking. Sellman went outside and waited until 11 o’clock when a friend came along and asked him to go in and take a beer. As Sellman entered the saloon Hardin saw him, whirled around and made a movement as if to reach his hand to his hip pocket. In an instant Sellman’s gun was out and spitting fire and lead. The first bullet went crashing through Hardin’s head and without uttering a word he fell back from the bar where he had been standing shaking dice with Henry Brown for 25 cents a throw. As Hardin was falling Sellman fired two more shots and fired a fourth after he was down. The first shot did the work. It entered the left eye and came out at the back of the head. One bullet entered the side and another took effect in the left arm, while the fourth was a miss.

In a few seconds the saloon was crowded with people and Justice Howe was summoned to hold an inquest. Captain Frank Carr reached the scene of the tragedy in a few seconds after the shooting and he found two guns, Colt’s forty-ones, but there was no sign of the mail shirt that rumor always clothed Hardin in. Hardin’s remains were taken to the city hall and after the inquest were turned over to Undertaker Powell.

THE CORONER’S INVESTIGATION.

At the investigation held by Justice Howe in the Acme saloon last night the following testimony was taken:

FRANK PATTERSON

My name is Frank Patterson; I am a bartender at present at the Acme saloon. This evening at about 11 o’clock J.W. Hardin was standing in the Acme saloon with Henry Brown shaking dice and Mr. Sellman walked in the door and shot him. E.L. Shackelford was also in the saloon at the time the shooting took place. Mr. Sellman said something as he came in the door. Hardin was standing with his back to Mr. Sellman. I did not see him face around before he fell or make any motion. All I saw was that Mr. Sellman came in the door, said something and shot, and Hardin fell. Don’t think Hardin ever spoke. The first shot was in the head. Some shots were fired after he was down. – F.F PATTERSON

M.E. WARD

My name is M.E. Ward. I am a railroad man. About 9 o’clock tonight me and Mr. Sellman were standing talking in front of the Acme Saloon and his son, John, came up while we were standing there talking and he told his son that Hardin was in there and said Hardin had been making his cracks about what he’d do and said that Hardin said, when he (Hardin) came out that door he’d come out a smokin’. Mr. Sellman said he was ready for him whenever he came out. I talked to young John Sellman a good while. I then went over to the Oxford saloon and came back in a few minutes. I met young John in front of Lewis’ barber shop on the sidewalk; I saw Mr. Shackelford and Mr. Sellman go in the Acme saloon. While I was talking to young John the shooting came off. Mr. Sellman told me this evening in young John’s presence that Hardin had threatened to kill him. He (Sellman) also told me that either Hardin or he would not get home alive. He expected Hardin to try to kill him. At the first shot young John Sellman ran into the saloon. After four shots were fired I started in the saloon; I met John Sellman holding his father’s arm and going out of the saloon as I walked in the saloon I saw Mr. Hardin lying there and saw Frank Carr take two guns off him. That’s all I know. – M.E. WARD

MR. SHACKELFORD

My name is E.L. Shackelford – am in the general brokerage business.

When I came down the street this evening I had understood from some parties that Mr. Hardin had made some threats against Mr. Sellman who had formerly been in my employ and was a friend of mine and I came over to the Acme saloon where I met Mr. Sellman. At the time I met Mr. Sellman he was in the saloon with several other parties and was drinking with them. I told him I understood there was occasion for him to have trouble and having heard the character of the man with whom he would have trouble I advised him as a friend not to get under the influence of liquor. We walked out on the sidewalk and came back into the saloon, I being some distance ahead of Mr. Sellman, walking toward the back of the saloon. Then I heard shots fired. I can’t say who fired the shots as I did not see it. I did not turn around but left immediately. The room was full of powder smoke and I couldn’t have seen anything anyhow. – E.L. SHACKELFORD

SELLMAN TESTIFES.

My name is John Sellman. I am constable of Precinct No. I, El Paso county, Texas. Mr. Ward and my son John were told by me this evening that Hardin had said my son John had arrested his woman and he would hold me responsible and he would make me __ like a wolf all around the block. Hardin told me that this evening. I told him (Hardin) that if he wanted to fight to get out in the middle of the street and I’d fight him. I told him if he got away with me it was all right; my son only did his duty in arresting his __ and if he had it in for me to get out in the middle of the road and we’ll fight it out. I’ll give you a square fight. He said, no, I don’t want to fight you; I’d rather fight your son. He said my son “was a __ __ __ and pulled my woman without any occasion.” I told him I’d as soon he’d have a racket with me as with my son. He said if nothing else would do he’d get out in the middle of the road with me and make me __ like a wolf. I said he’d be the first man that ever did. About 11 o’clock I came into the Acme Saloon to take a drink with Mr. Shackelford. Shackelford said to come in and take a drink with him but not to go to getting drunk. I told him I would not get drunk for I expected trouble. That Hardin had said he would make me _ and if he tried it he’d have to fight. Immediately after Shackelford and me took a drink Hardin threw his hand on his gun and I grabbed mine and went to shooting. He threw his hand back on a gun on his hip pocket before I pulled and went to shooting. – JOHN SELLMAN

POLICEMAN SELLMAN.

My name is J.M. Sellman; I am on the night police force of the city of El Paso. My father came to me about half past nine and told me Hardin had threatened to kill him and that he wanted me to stay around outside; that Hardin had threatened to do up the whole police force before he left town. He would make him (father) __ all around the block. He told me and Mr. Ward to stay outside and not to mix in it at all. Pretty soon Mr. Carr came down the street and my father told him that he (my father) and Hardin had had some words; told him the circumstances. Mr. Carr then told me to stay around here in case there was any trouble. I staid outside with Mr. Ward close on to 11 o’clock. About half past ten Mr. Shackelford came along and when I first saw him he and my father came out of the saloon. They talked a few minutes and went back in the saloon. I don’t remember the conversation they had. I then sat down in a doorway two or three doors below the saloon, and in a short time after my father and Mr. Shackelford re-entered the saloon, I heard a shot, I then ran in the saloon and saw Hardin lying on the floor and my father shooting. I grabbed his arm and said: “Don’t shoot any more, he’s dead.” I think he shot one or two shots as I came in. I am not sure, I then took my father by the arm and went down the street with him. I left him at the Palace saloon and came back and found Mr. Carr. Under Mr. Carr’s directions Mr. Fink was notified and he came up. – J.M. SELLMAN

The investigation was adjourned until 2 o’clock this afternoon as Mr. Brown and several other witnesses could not be found last night. The testimony of Mr. Patterson would indicate that Mr. Sellman shot Hardin in the back of the head, but as the bartender would naturally give his attention to the men who were just entering the house, he would naturally not see any movement the men already standing at the bar might make.

Several parties say that Hardin had a talk with Chief Fink and promised he would never cause the officers any trouble. He sent Mrs. M’rose to Phoenix a few days ago, but when she reached Deming she wired back to him this message:

“I feel that you are in trouble and I’m coming back.”

She did return but left again Friday. Hardin has a cousin in Lordsburg, N.M., name Mat Hardin. He has three children, one a boy 18 years old living on a ranch near San Antonio. It is reported that Hardin has killed seventeen men. He was sent to the state penitentiary under a twenty five years sentence for killing a sheriff at Comanche, Texas, and served seventeen years and was pardoned about two years ago. While in prison he studied law and was admitted to the bar on securing his liberty. Hardin came to El Paso during the trial of the Miller-Frazier conspiracy case from Pecos and succeeded in keeping in trouble with the officer. Last winter he held up a “crap” game in the Gem and got away with the boodle. He was very quarrelsome and overbearing when drinking and he was drinking hard yesterday. When his person was searched last night $96 were found in his pockets. He claimed to be writing a history of his life.

Officer Sellman, who killed Hardin, has been an officer on the border for many years, and is a man who was never known to back out of a fight. Nearly two years ago he killed Deputy United States Marshal Bass Outlow in self-defense in this city.

Several weeks ago Hardin’s woman, Mrs. M’rose, wanted to shoot Policeman Sellman, a son of the constable, and young Sellman arrested her, which greatly incensed Hardin, who rushed madly to his fate the first time he got to drinking, Hardin met the same fate as all bad men who come to El Paso looking for a fight.

Posted by Trish Long on September 10, 2009 at 03:21 PM | Permalink | Comments (2) | TrackBack (0)

September 09, 2009

John Wesley Hardin Charged With Threatening Mrs. M’rose’s Life

May 2, 1895 El Paso Has Lost Her Nerve

July 3, 1985 The M'Ros Killing

Around Town 08/07/1895

Mr. Hardin had two pistols about his person when he was arrested last night, which caused an officer to remark that Recorder Patterson would get the bond money.

Excitement Last Night 08/07/1895

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John Wesley Hardin Charged With threatening Mrs. M’rose’s Life

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At about 8 o’clock last evening, Mrs. M’rose, the widow of the late Martin M’rose, went before Justice Harvey and swore out a warrant for the arrest of John Wesley Hardin, on the charge of threatening to kill her, and for frightening her nearly to death. She said that Hardin had her on her knees praying to him to spare her life, nearly the entire afternoon.

Mr. Hardin and Mrs. M’rose have rooms in the Herndon lodging house, over the Tribune office, on East Overland street, and according to lodgers in the house, Hardin, who is Mrs. M’rose’s attorney got very angry with her for leaving her room and going out somewhere in the city Monday night.

Last evening as Bro. Lowe of the Tribune, having completed his day’s labor, was balancing his cash. Mrs. M’rose rushed through his office exclaiming that Hardin was trying to kill her, and hid in the back yard. Colonel Lowe is an admirer of sensational drama in its proper place, but not caring to have his office transformed into a stage for blood curdling theatricals, he warned the lady to skip out into the alley and he proceeded to shut up shop. In he meantime the landlady and lodgers of the Herndon house had quit the building without waiting on the order of their going, and were hunting hiding places. They created quite a commotion on Overland street. It was then that Mrs. M’rose swore out the warrant for Hardin’s arrest. Officers Carr, Chaudoin and Sellman found Mr. Hardin in the Acme saloon and he promptly submitted to arrest when Captain Carr read him his warrant. Chief Fink had instructed the officers not to accept bail and to this Mr. Hardin objected. He did not care to lie in jail when he was able to give a cash bond. This was finally arranged and he gave bond in the sum of $100.

Mr. Hardin’s arrest created quite a sensation on the streets at the time it was made. Many persons looked on from a distance, expecting to witness a killing. Hardin was so worried about something Monday night that he took a number of drinks. He expressed himself as not pleased with Officer Scarborough and intimated that he would tell something about the killing of M’rose. Yesterday, however, he explained the matter to Mr. Scarborough and apologized for any harsh language he might have used.

Posted by Trish Long on September 09, 2009 at 12:02 PM | Permalink | Comments (0) | TrackBack (0)

September 08, 2009

The M'rose Killing

May 2, 1895 El Paso Has Lost Her Nerve

Around Town 07/02/1895

The case of John Wesley Hardin, gambling case, was called in the county court yesterday, and he forfeited his bond for not putting in an appearance

The M'rose Killing 07/03/1895

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Victory Queen, Tells His Story To The Public

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The unfortunate was Buried Sunday Afternoon – Testimony at the Investigation – The People of Juarez Very Bitter

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The killing of Martin M’rose by Officers Scarborough, Milton and McMahon Saturday night was the talk of the town Sunday and yesterday. Public opinion condemned the killing. In his rounds Sunday the reporter heard only one person – and he was an officer – speak in commendation of the action of the killing; but all spoke openly in condemnation of it, and in Juarez felling ran high against the here officers. Many conservative people in El Paso declined to express an opinion, saying they were not willing to commend or censure the officers without having been present when the tragedy was enacted to see just how it happened.

Sunday morning Justice Howe gave Officers Scarborough, Milton and McMahon a preliminary hearing and the testimony of the different witnesses was all in perfect accord with the statement of Deputy Marshal Scarborough, published in the TIMES Sunday morning. His statement on the stand was the same as his statement published Sunday. Officer J.D. Milton, in substantiation of Mr. Scarborough’s evidence, testified as follows:

“I am a special ranger of the state. Some time ago I was notified by J.D. Walker, sheriff of Eddy county, New Mexico, that Martin M’Rose was wanted there for theft of Cattle. There were several cases against him. I was then instrumental in having M’Rose arrested in Juarez. I was chief of police of the city. Afterwards M’rose was releases while I was away on a trip. He was released because the extradition papers were not made out right. On my return to El Paso I wired Sheriff Walker to find out if M’rose was still wanted, finding that he was, Mr. Scarborough and myself undertook to capture him. Scarborough made arrangements with M’Rose to come over to this side and meet somebody, whom M’Rose wanted to see. Knowing M’Rose to be very desperate man from general reputation we got McMahon to assist us so we would have no trouble, if possible, in arresting him, thinking he would give up quicker to a larger number. Scarborough told us Saturday that M’Rose would be over Saturday night. We went to the place where he was to cross the river and Scarborough placed McMahon and myself along side of the trail where he was to come up the Santa Fe dump, so we could get the drop on M’rose. Scarborough came along the trail with M’rose following him and stopped on the dump. At that instant McMahon and myself arose and yelled to M’Rose: “Throw up your hands and consider yourself under arrest.” I told him the second time to throw up his hands. All of us told him to throw up his hands, but instead of throwing up his hands he pulled his pistol, and either him or Scarborough fired. I thought he would kill Scarborough or some of us, and that was the reason I fried. I shot him once.

“After the shooting McMahon started to town for the sheriff and doctor. Bendy and Dwyer then came over to where we were. Deputy Sheriff Jones arrived shortly afterwards and picked up M’Rose’s pistol. M’Rose was lying right where he fell and the pistol was lying by his right hand. Deputy Sheriff Jones said the pistol was cocked when he picked it up. Dr. White also came to where we were. I could not say how many shots were fired. Scarborough and McMahon were both acting with me in arresting M’Rose. I saw M’Rose raise his gun to fire at Scarborough, but cannot say positive that he fired. I had a warrant for M’Rose’s arrest.”

Justice Howe put Messrs. Scarborough, Milton and McMahon under $500 bond each for their appearance before the grand jury.

Sunday afternoon M’Rose was buried by Undertaker Powell of the Star Stables. Not a soul accompanied the hearse to the cemetery. Billy Gulberson persuaded four young men to get in his back and go out to the cemetery to help lay the unfortunate to rest under the sod and when they reached the grave Mrs. M’Rose and J.W. Hardin were there.

Sunday a citizen of Juarez told Capt. Chas. Davis that M’Rose and a party of his friends had arranged to leave Juarez Saturday night to go down the river some distance and then cross over to this side and hold up the G.H. & S.A. train.

A reporter of the TIMES went over to Juarez yesterday to see Victor Queen and was informed by one of his friend that he had already furnished the following statement for the press:

QUEEN MAKES A STATEMENT.

“About six or eight days since George Scarborough began a systematic course of deception to inveigle Martin M’Rose to going across the river, on the pretense of getting a division of the community money that his wife had in her possession.

“Scarborough represented to M’Rose that Mrs. M’Rose was willing to divide the money, but was afraid to cross into Mexico. He also represented to M’Rose that he had arranged a meeting between them to take place in the middle of the railroad bridge. Mr. M’Rose advised with some friends on the subject and they one and all told him not to trust Scarborough, but Scarborough had so worked on his confidence that at the last moment he slopped way and kept his ill-fated appointment with his sacrificer. Scarborough represented to M’Rose that his wife had near $1400 of their money left and was willing to effect a settlement between them for one half of whatever M’Rose would receive from his wife, and in consideration for said one half of his share of the funds Scarborough was to arrange the settlement and see M’Rose through safely and back to Juarez from the middle of the bridge.

“After I missed M’Rose I started to hunt him up. I went to the Santa Fe street bridge, then toward the railroad bridge, just as the shooting began. A little while after the shooting two men came running over the railroad bridge.

“I stopped them and asked who was shooting; they were afraid to talk to me. I then went to the lower bridge and sent a policeman over and he returned and told me that it was a Mexican that was killed. I then started out to find M’Rose a second time, and when I got back up town I learned that it was my friend that was killed, so I went back and crossed the river to see if I could get to see him. On that trip I met the same two men who had crossed the bridge just after the shooting. They were making their way back to Mexico with two small sacks. I talked with them a few minutes and they said that when they crossed the river they would tell me how it happened. I came back with them and they took me to their house and gave me their version, which is as follows:

“We were taking over a few things to make a little money. When we were going up the track in the shade of the dump we saw some men coming, and laid down in some weeds as they might pass, but they stopped and talked for awhile, and then one of them, a tall, slim man, went towards the bridge.

In about half an hour he returned, followed by a big, heavy-set man who was walking fiver or six steps behind. When the first man got past the two that were in hiding he coughed twice and one of them that were crouching staggered and fell; at that moment the man in front, that went to the bridge, turned and ran back and as the big man tried to rise the tall man fired a shot into his breast, the big man fell back but sprang to his feet like a cat and pulled his gun. Then the fat man with the long gun let fly and the other two at the same time began firing, then the big man fell but kept trying to get up; then one of the men went towards the street car bridge, and another lighted some matches and found the dead man’s pistol and took it and laid it close to his hand on the ground. Then the man that was shot tried to rise again and the fat man put his foot on him and held him down till he died. The two men that were left were talking very fast, but there was not a word said by anyone until after the shooting. By this time there was a man coming with a light an we dragged our sacks away about one hundred yards and hid them and then crossed the bridge back into Mexico and in about two hours went back for our sacks and brought them back to Mexico.”

Now I propose to see what can be done among our friends to protect those two men against being sent to jail for smuggling, and if this can be don then they will be witnesses for the prosecution of these high handed murderess in the guise of government officers. – VICTOR QUEEN.

Juarez, Mexico, July 1, 1895

Consul Zayas says M’Rose was not a citizen of Mexico; that he did not even apply for citizenship. An another correction the TIMES wishes to make is that Mrs. M’Rose is not stopping at the Lindell, she is at the Wellington.

Officers Scarborough, Milton and McMahon are taking public criticism very quietly. They regret that the public should be so ready to criticize without fully understanding all the circumstances, but they say they are perfectly willing to wait until a thorough investigation vindicates them. The three have always been good and honest officers and feel that they can afford to await a full investigation.

Posted by Trish Long on September 08, 2009 at 12:40 PM | Permalink | Comments (0) | TrackBack (0)

September 04, 2009

Martin M'Rose Shot

May 2, 1895 El Paso Has Lost Her Nerve

Around Town 05/17/1895

The jury in the Hardin case returned a verdict yesterday afternoon finding the defendant guilty of unlawfully carrying a pistol and assessed his punishment at $25. The verdict was a surprise to the defense, who promptly filed a motion for a new trial.

Around Town 05/23/1895

In the district court yesterday the John Wesley Hardin case was continued until 10 o’clock this morning when the judge will hear a motion for a continuance.

Around Town 06/02/1895

In the county court yesterday Judge Hunter overruled a motion for a new trial in the Hardin case and the defendant gave notice of appeal.

Around Town 06/30/1895

John W. Hardin has sold his interest in the Wigwam saloon, and will devote himself to the task of writing his own biography. It will no doubt be an interesting book.

Martin M'rose Shot

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A Midnight-Tragedy at the Mexican Central Bridge

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The New Mexican Outlaw Shot Down By United States Deputy Marshals – When Ordered to Throw Up His Hands He Showed Fright – How It All Happened

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Martin M’rose, the outlaw, met his end last night at 11:30 o’clock. He was riddled with bullets but he died game.

At 11:30 o’clock last night a number of shots fired in quick succession were heard down near the Mexican Central bridge and a few minutes later the news was flying around the streets that Martin M’rose had been killed by officers on this side of the river near the Mexican Central bridge. Billy Gulberson took Justice Howe and R. White to the scene of the tragedy, and on the dump, 350 yards this side of the bridge, was found the dead body of M’rose pierced by eight bullets. Some of the wounds were made by pistol balls and some by buckshot. After Dr. White had made an examination of the body it was removed to the Star Stable undertaking establishment to be held until this morning when Justice Howe will hold and inquest.

Dr. White said the wound that proved fatal was evidently made by the first pistol fired, which was fired by Deputy Marshall George Scarborough.

M’rose was wanted in New Mexico on the charge of cow stealing, and Deputy United States Marshall J.D. Milton had a warrant for his arrest. It will be remembered that M’rose fled to Mexico where he was arrested and placed in the Juarez jail. An effort was made by the United States officers to extradite M’rose, but the Mexican officials declined to surrender him, when he swore allegiance to the Mexican government. His partner McQueen was with him, but his wife quit him and came to this side of the river. M’rose had made several threats that he would kill John Wesley Hardin, but said he was afraid to come to this side as the officers might get him.

STORY OF HIS KILLING.

The story of how M’rose happened to be on this said of the river and how he met his death was related tot he TIMES reporter last night by Deputy united States Marshall George Scarborough, who in substance said:

“For the last month M’rose has been sending messages to me to meet him in Juarez, and here is a letter (exhibiting the letter) he wrote me on the 24th of this month asking me to go over to Juarez and see him. I went over that evening and had a long chat with him and delivered a message to a party on this side for him. He wanted a party on this side to meet him in Juarez and they refused to do so. Again he sent for me and asked me make an appointment to meet him on this side of the river and Friday was agreed on, but as I was called away on business Friday the engagement was changed to tonight. This afternoon I went over to see him and he said he was afraid to come over to this side, and I told him if he was afraid then not to come over. He then said:

‘BY GOD I WILL GO’

He said he would meet me in the middle of the Mexican Central railroad bridge at 11 o’clock tonight. I arranged with J.D. Milton and F.M. McMahon to station themselves at a certain point, and when they received a signal from me for them to order M’rose and myself to throw up our hands. At the appointed hour I met M’rose in the middle of the bridge. He was waiting for me with a cocked receiver in his hand, and when I walked up to him he asked me to wait until he could uncock his gun, which he did with his back turned toward me. We sat down on the bridge and talked for about ten minutes. He remarked to me: ‘I’m d—n skittish about going across this river. They are watching for me on the other side.’ I told him he had better return to Juarez then; that there were no string on him. He wanted to know if I saw any one hanging around this end of the bridge and I told him I did not see anyone when I went on the bridge. He then jumped up and exclaimed: ‘By God, I’ll go over with you,’ and we started across. Reaching this side he jumped down on the embankment and I climbed down after him and told him to keep out of the light and under the shadow of the bridge. I led the way, walking about six feet in front of him. Even after reaching this side I told him if he was afraid then to climb back on the bridge and return to Juarez. This he declined to do. When we reached a spot about twenty-five feet from where Milton and McMahon were concealed we stopped and I gave the signal. Milton and McMahon called out to us to

“HANDS UP,”

but instead of obeying the command M’rose sprang to one side as quick as a cat, faced me and drew his pistol which he pointed at me, and I heard the ‘click click’ as it was cocked. I did not wait to hear any more, but commenced shooting. At my first shot M’rose fell, but he was immediately on his feet again coming toward me. Then Milton and McMahon opened on him and he fell. Of course I wanted to arrest M’rose, and there were plenty of other men after him, because there was a reward offered for him. I had been told he was a bad man, and he certainly died game.”

Deputy Sheriff Jones was soon on the scene after the shooting and he found M’rose’s pistol lying cocked at his side. An empty shell in the gun showed he had fired one shot before yielding to death. It is difficult to say how many shots were fired, but M’rose had eight ugly wounds in his side and breast. In his pocket was a sealed letter addressed to “Miss Beula M’rose, El paso, Texas,” which will be opened at the inquest as it may throw some light on the object of M’rose’s visit to this side of the river.

Mrs. M’rose is at the Lindell but the reporter would not disturb her at such a late hour last night to inform her of her husband’s death.

Posted by Trish Long on September 04, 2009 at 11:03 AM | Permalink | Comments (0) | TrackBack (0)

September 03, 2009

The John Wesley Hardin Case

Around Town 05/07/1895

Yesterday Sheriff Simmons arrested J.W. Hardin on an indictment from the grand jury charging him with carrying concealed weapons. Mr. Hardin gave bond in the sum of $100.

Around Town 05/10/1895

Yesterday morning Sheriff Simmons arrested J.W. Hardin on an indictment from the grand jury charging him with robbery. Mr. Hardin promptly gave bond in the sum of $1,500 on his own recognizance with E.J. Symes and E.J. Bridges as sureties.

The Hardin Case 05/16/1895

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His Life Was Threatened – Witnesses On the Stand

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The case of the State of Texas versus J.W. Hardin, charged with unlawfully carrying a pistol, was called for trial in the county court yesterday. After some delay the following jury was empanelled: G.B. Westlake, J. Cadawallander, Tom Smith, O.L. Wallden, A.J. Stevens and F. Moore.

County Attorney Storms was assisted by J.R. Harper in the prosecution, while Jay Good conducted the defense assisted by the defendant himself who is also a lawyer.

Chas. F. Jones the first witness called to the stand testified as follows: “I know defendant by sight. I saw him in the club rooms over the Gem saloon between 12 and 1 o’clock on the morning of May 2. I saw him display a gun and demand a certain amount of money. After getting the money he went out, but soon returned and challenged the people in the room to trot out if they did not like his play, and as no one trotted out I guess they liked the play, I was sitting at an other table watching a game.”

Mr. Good – Were you playing at the game?

Witness – No sir, I was broke.

Attorney Storms – Did you get broke there?

Witness – No sir, I have been broke ever since Cleveland has been president of the United States. I was only there watching the game. I went up to the club rooms with the “push.”

Mr. Good – I do not understand you. What was the push?

Mr. Good – Oh, it was Justice Howe and the other fellows.

The witness then, in answer to a question from the county attorney, went on to say that he saw the defendant shove a pistol in the face of Phil Baker who was conducting a game of “craps.” The witness showed how the parties were standing at the table and continuing his testimony recited a conversation which took place between defendant and Phil Baker.

Judge Hunter ruled that this conversation had nothing to do with the case.

Mr. Hardin – That is true your honor, but the county attorney has brought out his conversation and unless it is properly explained and the whole truth brought out the minds of the jurors will be poisoned, and it is only right that the matter be gone into fully, unless you exclude from the jury what has already been told.

Judge Hunter – I will say to the jury that they must no consider what my be said about what was said.

Mr. Hardin stated that it was not his intention to deny that he carried a gun.

George Tipton testified that he was in the club rooms over the Gem on the morning of the 2nd of May. He saw defendant there and saw him have a pistol in his hand, saw him point it at Phil Baker and then saw him put it in his pocket and leave the room.

Phil Baker testified: “I know defendant by sight, saw him in the Gem club rooms on the occasion mentioned. I saw him with a pistol which he stuck in my face. It looked pretty large. He took it from his hip pocket.

On cross examination Baker said he could not swear that defendant stuck the pistol in his face.

The state here rested its case and the defense introduced a large bulk of testimony to prove that Mr. Hardin’s life had been threatened by the M’rose men with whom he had a difficulty in Juarez some weeks ago, and who Mr. Hardin believes would not hesitate to shoot him should the opportunity offer itself.

Major Teel, E.J. Bridges and others testified that they believe the defendant’s life was in danger and that they had warned him to look out for himself. Argument will be made in the case this morning.

Posted by Trish Long on September 03, 2009 at 01:25 PM | Permalink | Comments (0) | TrackBack (0)

September 02, 2009

John Wesley Hardin's Say

May 2, 1895 El Paso Has Lost Her Nerve