The Gethering

Introduction

During my younger years I was fortune to meet some of the old time law men from the late 1890’s. One of them happened to live not far up the way from me and was an acquaintance of my step-father. When I was a teenager I gut the grass in the old man’s yard and would rack the leaves from his trees in the winter time.

He dearly loved to talk for he had no kinfolks that I ever heard about and he told me a lot of stories of the old days in the Territory before Oklahoma became a state.

Talking with him is when I remember of hearing of the gathering of outlaws. It was after the lawmen started working together to stop crime for before if a bad man did not cause trouble in your town you did not bother with him. Even had the bad man was a down to earth outlaw.

The use of the telegraph was the start of the down fall of the robbers and outlaws wanted for killing and such things. The old man had been a posse man on several occasions and a deputy marshal on two other times.

The old man had been a law officer at Ada Oklahoma before he retired and moved south to Idabel, Oklahoma to live near his son. Several times he would comment on the two outlaws that lived down the street near where I lived at. He said at one time they had robbed banks and other people in the old days.

The Gathering novel is based on his tales and several that my father mentioned to me in later years.

U.S. DEPUTY MARSHALS

Of the old west

The Deputy Marshals worked directly under the United States Marshal in their respective courts. When all of Indian Territory was under the Western District of Arkansas the Deputy Marshals were assigned to designated areas. Care normally was taken not to cross into another deputy’s area. Later when Indian Territory was divided into several districts, the deputies were assigned areas within the districts. The Deputy Marshals usually worked in teams made up of two or three men. They were Deputy Marshals, posse men or guards, who could be anyone that was brave enough to take the job. Numbers brought safety but also took away from their pay. Very few Deputy Marshals worked alone for their chances of survival were slim to none. The outlaws tried to gain advantage over the Deputy Marshals by forming gangs, which gave them protection with the size of the gang dictated by the number of robberies or the amount of money, or goods they could steal.

A wagon drawn by horses served as headquarters, hospital, office, supply storage, kitchen, jail or transportation for the wounded. These wagons were easily identified by the steel rings they bore along their sides which were used to shackle the prisoners. A wounded prisoner was allowed to ride in the wagon but normally all healthy prisoners were marched alongside of the wagon. Very few stores could be found in Indian Territory to purchase food or supplies so most of the wagons hauled enough supplies to serve the prisoner and lawmen’s needs while they were in the field.

In 1878, some 20,000 whites moved into Indian Territory, most of them having very little respect for the United States Government. The citizens of the Indian Nations often gave shelter and food to the outlaws, warning them when the marshal’s force was in the area. This made the role of the Deputy Marshal very difficult and dangerous. The Deputy Marshals carried warrants for arrest which were signed by the court judge given to the Marshal then assigned to the Deputy Marshal that could best serve it. At times the Deputies carried blank warrants signed by the judge to be filled in when necessary. These warrants were general used on whiskey traders and the ones that they caught with the whiskey in wagons.

The Indian police in each nation worked with the federal court system to report crimes that intruders were committing. The deputies were encouraged to bring in their prisoners alive. A person arrested, having a warrant to stand trial was worth two dollars while a dead prisoner was worthless, unless he had a reward on his head. In a few cases the Judge placed a dead or alive order which allowed the Deputy to be paid when the body was brought in. In most cases the big dollar, dead or alive warrants were paid by state agencies, railroads or wealthy persons having family members killed. In a few cases the deputies were forced to pay for the burial of their dead prisoners when the families would not claim their bodies. If a bootlegger tried to resist arrest rather than be taken before a judge, it was usually to the Deputy Marshal’s best interest to leave them lay after killing them than take them back to Ft. Smith, Arkansas. Maybe this accounted for a few of the dead bodies that the newspapers reported being found in the countryside. Normally a warrant issued for murder or rape carried a dead or alive order. The murder or rapist knew what his fate would be when taken before Judge Parker. The arrest usually ends in a shoot-out which the outlaw or Deputy Marshal would be killed. If the Deputy Marshal was killed in the line of duty, no restitution was paid and his burial was at the expense of his wife or family.

Many of the deputies were enticed to the criminal side because of low pay and the high risk in their job. Some of the Deputy Marshals turned to a life of crime when they found the outlaws’ existence was better than their own. Two of the Dalton brothers were good examples of this. The brothers saw their oldest brother, Frank Dalton, killed in the line of duty as a Deputy Marshal. They chose to follow in his footsteps but charges from the court that they took money, caused them to change to a life of crime.

Coach 10 gauge shotgun

Part One

Fifty caliber Sharps

Chapter 1

Riding southeast from the BB connect ranch, which was just over the Kansas line, Joey could look towards the southwest at the edge of the Great Cross Timbers of Indian Territory. The forest had at one time stretched from north of the Kansas state line southward to within twenty miles of the Red River, which was the northern border of Texas. At times he could see far to the north or west large areas of grass land which appeared to be level ground however he knew from past experience that there was low rolling hills and gullies with some trees and brush in the gulley.

As noon time drew near Joey could see the salt plains off to the west and he angled Horse some towards the south to by pas the salt plains. He had heard that this time of the year the plains and the wind which blew over the plains would be unreasonably warm. Also the moisture would be evaporated from the wind as it passed over the salt plains.

He had stopped for coffee and warmed over stew about noon and to let Horse and Elvira rest some and catch up on the green grass. He had enjoyed the roast beef on fresh bread along with a slice of apple pie that the cook on the BB connect had gave him. It had been a good day with a few clouds to help keep the sunshine from being rather hot. It was getting over in the late afternoon when Joey saw the trundles of smoke rising from up ahead of him. As he rode closer he could see eight houses setting haphazardly around, three lean-to type sheds and six out houses. None of the lumber of which the buildings were built of had ever been painted and looked a dull gray in color.

The main road ran through the town and as Joey neared he could see several horses tied near a building with the sign above the door which had the word Eats painted in red, the only color in town. Several other buildings set near the road and one probably would have some supplies for sale however there were no signs.

Joey stopped near the tie rail and saw a young dark complexioned kid setting in the shade of the building and he asked, This place got a name?

The kid looked up and answered with, Some folks call it Newkirk. The kid stood up and Joey could see he was about four feet tall and might weigh near a hundred pounds. His hair hung down to his shoulders and he was wearing a worn out bowler hat with part of the brim missing, paints which had once been long and a stirrup of cloth holding the pants up. The shirt was so full of holes that there was more skin showing then material. Joey judged the kid’s age to be maybe ten or twelve years old.

Newkirk got a place to take care of my stock and put me up for the night?

The kid turned and pointed to the grass about a hundred yards away and said, Good grass over there and it makes a soft place to sleep on.

Joey chuckled and turned Horse towards the grassy area and rode over to where an Oak tree was standing. He then took the saddles and bridles from Horse and Elvira, put hobbles on the pair, and walked back to the building where the kid was leaning against the building. The kid had set back down on the upended nail keg, which was missing some stays, had a knife with half the blade missing, and was cutting the bark from a piece of tree limb. You want to make a dime? Joey asked.

The last man that said that cheated me out of the dime. The kid answered and he had never looked up at Joey.

I’ll give you the dime in advance if you will watch my things and come in the café to tell me if anyone goes near them.

The kid stopped what he was doing as he looked up at Joey and responded with, That’ll cost ya a quarter.

Joey stood there for a few seconds as if he was thinking on the proportion before he answered, Alright then. Joey reached into his vest pocket and came out with a shinny new quarter. He then tossed the coin to the kid, turned towards the front door of the café, and went inside to find the place was not really very clean. There were two long tables with benches down each side, dirt on the floor and heavy dust on the table which could be seen from the places dishes or cups had been scooted across the wooden table tops.

As Joey waited on his food to come he sipped on a cup of bitter coffee realizing that there was more chicory in the cup than actual coffee. He had noticed that there were stools at the counter which was not in the best condition to set in for two of them must have had a short leg because the stool set whopper jawed at an angle. The man brought the meal of the day which was a bowel of something that he had called stew and a chunk of corn pone. There looked as if there was very little corn meal in the bread but it had some kernels of corn which could be seen in the bread.

It did not take Joey long to eat all of the meal that he could stand for the taste was awful. He dropped a quarter on the counter and left the building. As he turned the corner the kid was setting on the keg and looking towards where the gear setting under the tree in the distance. The kid looked up and said, No one came near your things Mister.

Joey stood a minute, then squatted on his heels, before he ask, Is this only place to eat around here?

I eat over at Mistress Hardy for a dime a meal. Why you can’t stand Edmonds crap?

She the person looks after you?

No one looks after me. I look after myself. The kid answered as he started cutting some more of the bark from the tree limb.

Where are your folks at?

The kid looked back up at Joey and said, Mama died last year and Papa left two or three months ago heading down to the Washita Mountains to get gold. Ya want me to watch your things in the morning while ya eat?

Joey chuckled and answered, I won’t be eating in there again if I can help it. I might not be a good cook but I do think I can do a better job than Edmond. You want to have breakfast with me you should show up along about daylight.

Ya gona have a fire tonight? the kid asked.

I might but why you asking? Joey said as he squatted down in the shade of the building.

It would be nice to warm up during the night. I could keep the fire low for you and sleep near the fire. The kid answered as he shaved another peel from the limb.

What you going to charge me for that?

Nothing but I wouldn’t miss out on a good meal if you can cook like ya said ya can.

Well then I guess you can keep a fire going tonight and I will just cook you a lot better meal than Edmond does. Bring your blankets on over before dark because I don’t like anything moving around which ain’t supposed to be there moving. Joey said as he stood up and he turned heading back towards his campsite.

Joey checked the animals out and gathered some downed tree limbs from back in the trees. It took sometime getting enough wood for a fire because of the distance from the campsite. The wood near at hand had already been consumed by campfires. Joey then set down and leaned back on his saddle as he unfolded the book he was reading. He marveled at the way Louisa May Alcott could twist words around and make sense come from them. It wasn’t long before the kid came across the way behind the café and he had a rather large cloth pouch slung over his shoulder.

When the kid came to where the fire would be he dropped the pouch to the ground and looked towards Joey saying, Mind if I use your other saddle?

Joey nodded his head and replied, Go ahead.

The kid set down on the saddle which had been on Elvira and stared at Joey. After a few more minutes of reading Joey could see out of the corner of his eye that the kid was watching him. Joey closed the book and asked, Something you want to say or talk about?

What’s your name?

Joey Zackary. What’s yours?

John Whitmore. Everyone around here just calls me kid. There was more silence and after a few minutes the kid said, Where are ya going?

I’m going down to Bird Creek near Pawhuska.

Why you going down there, there is nothing but mostly Indians.

That is why I am going to Bird Creek because that is where my job will be. Joey answered as he got up and walked out to the nearest tree to take a pee.

After relieving his bladder he walked out to where Elvira had decided to lay down. He knelt near here front foot which was exposed and looked the shoe area on her hoof over real good. There was a bruised place in the frog area but would not cause her any problems. If she started limping they would have to stop for a few days. Since it was getting close to dark he knew he should pick out a good place to sleep away from the fire. Even this close to a settlement it might not be wise to let his guard down. He then went back to the saddle he had been leaning against and took his bedroll from behind the cantle.

Joey went to a grassy area, about fifty feet from the fire, and looked the ground over good for small rocks or ant beds which would cause him a problem sleeping. He finally was satisfied and rolled his bedroll out on the ground. He then took off his vest, folded it, and then he laid it at the head of the canvas sheet. Removing his pistol he set down and took off his boots laying the pistol belt near the vest. As he stretched out the sunlight was fading and the stars were popping out in the sky. Joey could see the kid setting near the fire and he asked, You got a blanket in that bag of yours?

The kid shuffled his feet some before he responded, No Sir I don’t have a blanket or even a piece of tarp.

Use the bedroll on the saddle there and put it back in the morning. Joey watched as the kid unlashed the bedroll on the saddle which was the saddle Elvira wore. That had been one of the best deals of his life in meeting Jeremiah Jones. Not only buying Elvira the mule from him but also in meeting Mister Jones in Kansas City and getting acquainted with his niece, Tilley and her fire red hair that was long and beautiful. He figured if he had not met Mister Jones he might not have the job of Deputy U.S. Marshal either.

Chapter 2

The predawn was slowly turning into the light of day as Joey rolled his bedding. The kid, John, was still sleeping and had a smile on his