Meantime Bob and Emmett Dalton had held up the First National Bank, ordering cashier Ayres to hand out the money, and terrorizing two or three customers of the bank who happened to be present at the time. Bob knew Thos. G. Ayres, and called him by his first name, "Tom," said he, "go into the safe and get out that money—get the gold, too." He followed Ayres into the vault, and discovered two packages of $5,000 each in currency, which he tossed into his meal sack. The robbers here also poured out the silver, and having cleaned up the bank as they supposed, drove the occupants out of the door in front of them. As they got into the street they were fired upon by George Cubine and C. S. Cox; but neither shot took effect. Emmett Dalton stood with his rifle under his arm, coolly tying up the neck of the sack which held the money. They then both stepped back into the bank, and went out through the back door, which was opened for them by W. H. Shepherd, the bank teller, who, with Tom Ayres and B. S. Ayres, the bookkeeper, made the bank force on hand. J. H. Brewster, C. H. Hollingsworth and A. W. Knotts were in the bank on business, and were joined by E. S. Boothby; all these being left unhurt.

The firing became general as soon as the robbers emerged from the two bank buildings. The first man to be shot by the robbers was Charles T. Gump, who stood not far from the First National Bank armed with a shotgun. Before he could fire Bob Dalton shot him through the hand, the same bullet disabling his shotgun. A moment later, a young man named Lucius Baldwin started down the alley, armed with a revolver. He met Bob and Emmett, who ordered him to halt, but for some reason he kept on toward them. Bob Dalton said, "I'll have to kill you," and so shot him through the chest. He died three hours later.

Bob and Emmett Dalton now passed out of the alley back of the First National Bank, and came into Union street. Here they saw George B. Cubine standing with his Winchester in his hands, and an instant later Cubine fell dead, with three balls through his body. Near him was Charles Brown, an old man, who was also armed. He was the next victim, his body falling near that of Cubine, though he lived for a few hours after being shot. All four of these victims of the Daltons were shot at distances of about forty or fifty yards, and with rifles, the revolver being more or less uncertain at such ranges even in practiced hands. All the gang had revolvers, but none used them.

Thos. G. Ayres, late prisoner in the First National Bank, ran into a store near by as soon as he was released, caught up a Winchester and took a station near the street door, waiting for the bandits to come out at that entrance of the bank. Here he was seen by Bob Dalton, who had gone through the alley. Bob took aim and at seventy-five yards shot Ayres through the head. Friends tried to draw his body back into the store, but these now met the fire of Grattan Dalton and Powers, who, with the crippled Broadwell, were now coming out of their alleyway.

T. A. Reynolds, a clerk in the same store, who went to the door armed, received a shot through the foot, and thus made the third wounded man then in that building. H. H. Isham, one of the owners of the store, aided by M. A. Anderson and Charles K. Smith, joined in the firing. Grattan Dalton and Bill Powers were shot mortally before they had gone more than a few steps from the door of the Condon bank. Powers tried to get into a door when he was shot, and kept his feet when he found the door locked, managing to get to his horse in the alley before he was killed by a second shot. Grattan Dalton also kept his feet, and reached cover back of a barn about seventy yards from Walnut Street, the main thorough-fare. He stood at bay here, and kept on firing. City marshal Connolly, carrying a rifle, ran across to a spot near the corner of this barn. He had his eye on the horses of the bandits, which were still hitched in the alley. His back was turned toward Grattan Dalton. The latter must have been crippled somewhere in his right arm or shoulder, for he did not raise his rifle to his face, but fired from his hip, shooting Connolly down at a distance of about twenty feet or so.

There was a slight lull at this point of the street fight, and during this Dick Broadwell, who had been wounded again in the back, crawled into concealment in a lumber yard near by the alley where the horses were tied. He crept out to his horse and mounted, but just as he started away met the livery man, John J. Kloehr, who did some of the best shooting recorded by the citizens. Kloehr was hurrying thither with Carey Seaman, the latter armed with a shotgun. Kloehr fired his rifle and Seaman his shotgun, and both struck Broadwell, who rode away, but fell dead from his horse a short distance outside the town.

Bob and Emmett Dalton, after killing Cubine and Brown and shooting Ayres, hurried on to join their companions and to get to their horses. At an alleyway junction they spied F. D. Benson climbing out of a window, and fired at him, but missed. An instant later, as Bob stepped into full view of those who were firing from the Isham store, he was struck by a ball and badly wounded. He walked slowly across the alley and sat down on a pile of stones, but like his brother Grattan, he kept his rifle going, though mortally shot. He fired once at Kloehr, but was unsteady and missed him. Rising to his feet he walked a few paces and leaned against the corner of a barn, firing two more shots. He was then killed by Kloehr, who shot him through the chest.

By this time Grattan Dalton was feebly trying to get to his horse. He passed the body of Connolly, whom he had killed, faced toward his pursuers and tried to fire. He, too, fell before Kloehr's Winchester, shot through the throat, dropping close to the body of Connolly.

Emmett Dalton was now the only one of the band left alive. He was as yet unwounded, and he got to his horse. As he attempted to mount a number of shots were fired at him, and these killed the two horses belonging to Bob Dalton and Bill Powers, who by this time had no further use for horses. Two horses hitched to an oil wagon in the street were also killed by wild shots. Emmett got into his saddle, but was shot through the right arm and through the left hip and groin. He still clung to the sack of money they had taken at the First National Bank, and he still kept his nerve and his wits even under such pressure of peril. He might have escaped, but instead he rode back to where Bob was lying, and reached down his hand to help him up behind himself on the horse. Bob was dying and told him it was no use to try to help him. As Emmett stooped down to reach Bob's arm, Carey Seaman fired both barrels of his shotgun into his back, Emmett dropping near Bob and falling upon the sack, containing over $20,000 in cash. Men hurried up and called to him to throw up his hands. He raised his one unhurt arm and begged for mercy. It was supposed he would die, and he was not lynched, but hurried away to a doctor's office near by.

In the little alley where the last scene of this bloody fight took place there were found three dead men, one dying man and one badly wounded. Three dead horses lay near the same spot. In the whole fight, which was of course all over in a few moments, there were killed four citizens and four outlaws, three citizens and one outlaw being wounded. Less than a dozen citizens did most of the shooting, of which there was considerable, eighty bullet marks being found on the front of the Condon bank alone.

The news of this bloody encounter was instantly flashed over the country, and within a few hours the town was crowded with sightseers who came in by train loads. The dead bandits were photographed, and the story of the fight was told over and over again, not always with uniformity of detail. Emmett Dalton, before he was sent to the penitentiary, confessed to different crimes, not all of them hitherto known, which the gang had at different times committed.

So ended in blood the career of as bloody a band as might well be discovered in the robber history of any land or time of the world. Indeed, it is doubtful if any country ever saw leagues of robbers so desperate as those which have existed in America, any with hands so red in blood. This fact is largely due to the peculiar history of this country, with its rapid development under swift modern methods of transportation. In America the advance to the westward of the fighting edge of civilization, where it meets and mingles with savagery, has been more rapid than has ever been known in the settlement of any country of the world. Moreover, this has taken place at precisely that time when weapons of the most deadly nature have been invented and made at a price permitting all to own them and many to become extremely skilled with them. The temptation and the means of murder have gone hand in hand. And in time the people, not the organized law courts, have applied the remedy when the time has come for it. To-day the Indian Nations are no more than a name. Civilization has taken them over. Statehood has followed territorial organization. Presently rich farms will make a continuous sea of grain across what was once a flood of crime, and the wheat will grow yellow, and the cotton white, where so long the grass was red.



Chapter XXII

Desperadoes of the Cities—Great Cities Now the Most Dangerous Places—City Bad Men's Contempt for Womanhood—Nine Thousand Murders a Year, and Not Two Hundred Punished—The Reasonableness of Lynch Law.

It was stated early in these pages that the great cities and the great wildernesses are the two homes for bold crimes; but we have been most largely concerned with the latter in our studies of desperadoes and in our search for examples of disregard of the law. We have found a turbulence, a self-insistence, a vigor and self-reliance in the American character which at times has led on to lawlessness on our Western frontier.

Conditions have changed. We still revel in Wild West literature, but there is little of the wild left in the West of to-day, little of the old lawlessness. The most lawless time of America is to-day, but the most lawless parts of America are the most highly civilized parts. The most dangerous section of America is not the West, but the East.

The worst men are no longer those of the mountains or the plains, but of the great cities. The most absolute lawlessness exists under the shadow of the tallest temples of the law, and in the penetralia of that society which vaunts itself as the supreme civilization of the world. We have had no purpose in these pages to praise any sort of crime or to glorify any manner of bad deeds; but if we were forced to make choice among criminals, then by all means that choice should be, must be, not the brutal murderer of the cities, but the desperado of the old West. The one is an assassin, the other was a warrior; the one is a dastard, the other was something of a man.

A lawlessness which arises to magnitude is not called lawlessness; and killing more than murder is called war. The great industrial centers show us what ruthlessness may mean, more cruel and more dangerous than the worst deeds of our border fighting men. As for the criminal records of our great cities, they surpass by infinity those of the rudest wilderness anarchy. Their nature at times would cause a hardened desperado of the West to blush for shame.

One distinguished feature of city badness is the great number of crimes against women, ranging from robbery to murder. Now, the desperado, the bandit, the robber of the wildest West never made war on any woman, rarely ever robbed a woman, even when women mingled with the victims of a "stand and deliver" general robbery of a stage or train. The man who would kill a woman in the West could never meet his fellow in fair fight again. The rope was ready for him, and that right quickly.

But how is it in the great cities, under the shadow of the law? Forget the crimes of industrialism, the sweat-shops and factories, which undermine the last hope of a nation—the constitution of its women—and take the open and admitted crimes. One city will suffice for this, and that may be the city of Chicago.

In Chicago, in the past twenty-four years, very nearly two thousand murders have been committed; and of these, two hundred remain mysteries to-day, their perpetrators having gone free and undetected. In the past year, seventeen women have been murdered in Chicago, some under circumstances too horrible to mention. In a list of fifty murders by unknown parties during the last few years, the whole gamut of dastardly crime has been run. The slaughter list is appalling. The story of this killing of women is so repellant that one turns to the bloodiest deeds of Western personal combats with a feeling of relief; and as one does so one adds, "Here at least were men."

The story of Chicago is little worse, according to her population, than that of New York, of Boston, of any large city. Foot up the total of the thousands of murders committed every year in America. Then, if you wish to become a criminal statistician, compare that record with those of England, France or Germany. We kill ten persons to England's one; and we kill them in the cities.

In the cities it is unlawful to wear arms, and to protect one's self against armed attack is therefore impossible. In the cities we have policemen. Against real fighting men, the average policeman would be helpless. Yet, such as he is, he must be the sole fence against the bloody-minded who do not scruple at robbery and murder. In the labor riots, the streets of a city are avenues of anarchy, and none of our weak-souled officials, held in the cursed thrall of politics, seems able to prevent it. A dozen town marshals of the old stripe would restore peace and fill a graveyard in one day of any strike; and their peace would be permanent. A real town marshal at the head of a city police force, with real fighting men under him, could restore peace and fill a graveyard in one month in any city; and that peace would be permanent. If we wished the law, we could have it.

The history of the bloodiest lawlessness of the American past shows continual repetitions. First, liberty is construed to mean license, and license unrebuked leads on to insolence. Still left unrebuked, license organizes against the law, taking the form of gangs, factions, bandit clans. Then in time the spirit of law arises, and not the law, but the offended individuals wronged by too much license, take the matter into their own hands, not waiting for the courts, but executing a swifter justice. It is the terror of lynch law which has, in countless instances, been the foundation of the later courts, with their slow moving and absurdly inefficient methods. In time the inefficiency of the courts once more begets impatience and contempt. The people again rebel at the fact that their government gives them no government, that their courts give them no justice, that their peace officers give them no protection. Then they take matters into their hands once more, and show both courts and criminals that the people still are strong and terrible.

The deprecation of lynch law, and the whining cry that the law should be supported, that the courts should pass on the punishment, is in the first place the plea of the weak, and in the second place, the plea of the ignorant. He has not read the history of this country, and has never understood the American character who says lynch law is wrong. It has been the salvation of America a thousand times. It may perhaps again be her salvation.

In one way or another the American people will assert the old vigilante principle that a man's life, given him by God, and a man's property, earned by his own labor, are things he is entitled to defend or have defended. He never wholly delegates this right to any government. He may rescind his qualified delegation when he finds his chosen servants unfaithful or inefficient; and so have back again clean his own great and imperishable human rights. A wise law and one enforced is tolerable. An unjust and impure law is intolerable, and it is no wrong to cast off allegiance to it. If so, Magna Charta was wrong, and the American Revolution earth's greatest example of lynch law!



Conclusions parallel to these are expressed by no less a citizen than Andrew D. White, long United States Minister to Germany, who, in the course of an address at a prominent university of America, in the year 1906, made the following bold remarks:

"There is a well-defined criminal class in all of our cities; a class of men who make crime a profession. Deaths by violence are increasing rapidly. Our record is now larger than any other country of the world. The number of homicides that are punished by lynching exceeds the number punished by due process of law. There is nothing more nonsensical or ridiculous than the goody-goody talk about lynching. Much may be said in favor of Goldwin Smith's quotation, that 'there are communities in which lynch law is better than any other.'

"The pendulum has swung from extreme severity in the last century to extreme laxity in this century. There has sprung up a certain sentimental sympathy. In the word of a distinguished jurist, 'the taking of life for the highest crime after due process of law is the only taking of life which the American people condemn.'

"In the next year 9,000 people will be murdered. As I stand here to-day I tell you that 9,000 are doomed to death with all the cruelty of the criminal heart, and with no regard for home and families; and two-thirds will be due to the maudlin sentiment sometimes called mercy.

"I have no sympathy for the criminal. My sympathy is for those who will be murdered; for their families and for their children. This sham humanitarianism has become a stench. The cry now is for righteousness. The past generation has abolished human slavery. It is for the present to deal with the problems of the future, and among them this problem of crime."

Against doctrine of this sort none will protest but the politicians in power, under whose lax administration of a great trust there has arisen one of the saddest spectacles of human history, the decay of the great American principles of liberty and fair play. The criminals of our city are bold, because they, if not ourselves, know of this decay. They, if not ourselves, know the weakness of that political system to which we have, in carelessness equaling that of the California miners of old—a carelessness based upon a madness of money equal to or surpassing that of the gold stampedes—delegated our sacred personal rights to live freely, to own property, and to protect each for himself his home.

THE END