The Oklahoma Labor Unit (Oklahoma City, Okla.), Vol. 1, No. 42, Ed. 1 Saturday, April 10, 1909 Page: 3 of 8
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Avenging of Joseph Dain
I By GEO. T. PARDY I
John Wilson Murray in a New Sort of Case.
N ft cold, dark winter's
O night in March, 1875,
two men stole quietly
along in the black shadow
of the house walls in
Yonge street. Toronto,
Canada. Each of the mid-
night prowlers took an op-
posite side of the thor-
oughfare. They slipped
swiftly and softly out to
the corner of Floor street
where the city limits end-
ed in those days.
On a corner of Yonge and Bloor
streets lived the I)ains, rich drovers j
and butchers. The family consisted of
Mrs. Dain and her three sons, Joseph,
James and Major. The latter were
wealthy business men and carried
large sums of money on their persons
for cattle buying.
Upstairs Joseph Dain was sleeping
soundly in his room, his trousers ly-
ing on the chair beside his bed. A
slight noise, a faint creaking, awoke
him from slumber ami he opened his
eyes to see a tall figure dimly percep-
tible in the gloam, standing beside
his bed, rifling the pockets of his
trousers in which he had ft large
amount of money. A powerful, active
man of fearless disposition, Dain was
quick to realize the situation and act
on his first impulse. Springing from
the bed he clinched with the intrud-
er and a short but desperate grapple
followed. Exerting all his strength
the robber broke away and fled down
the stairs with Dain in hot pursuit.
The waiting man swung the door
wide open to allow his partner free
egress, slammed it shut again in
Dain's face, and the two burglars sped
out through the darkness, separating
as they fled and running in opposite
directions.
Heedless of the menacing challenge
Dain sprang toward the speaker, when
a shot rang through the frozen air,
and he reeled and fell to the ground
with a bullet in his abdomen. Pocket-
ing the smoking weapon the burglar
resumed his former pace, and passed
out of sight.
In the meantime he who had stood
as sentry 011 the outside of the house
had run swiftly across Yonge street.
Fate willed that he should trip over
the extra overcoat he was carrying
and fall headlong. Before he could
regain his feet he was seized by a
passing baker on his way to work,
who held him until a policeman made
his appearance on the scene and took
the captured burglar to the lockup.
Dain was carried indoors, attended to
by surgeons and rallied considerably
after the operation, although it was
not expected that he would recover
from the effects of his terrible wound.
The officer selected by the Toronto
authorities for the task of running
down Dain's murderous assailant was
John Wilson Murray, formerly of the
United State secret service force and
now in the employ of the Canadian
government. Murray's first step was
to visit the captured burglar in the
lockup. His wide experience in the
criminal world stood him in good
stead, for at the first glance he recog-
nized the prisoner as Charles Leavitt,
a desperate American burglar and
thief. Buffalo was his home town, but
the police there knew him so well that
he seldom dared to visit the place.
Looking carefully over the overcoat
found in the captive's possession,
Murray discovered the mark of a
Cleveland tailor.
He at once started for the city In
question, and looking up Leavitt's
American record found that one of
his intimate friends was Frank
Meagher of Cleveland, a skilled burg-
lar, clever crook and one of the ablest
and worst "rough ones" at large.
Leavitt was tried, convicted and
sentenced to Kingston penitentiary
for life. He submitted doggedly to
his fate and sternly refused to give
any information which might have led
to the arrest of his comrade. Dain did
not die immediately, but lived over
one year and a day. According to
English and Canadian law, a man can-
not be convicted of murder and
hanged if his victim lives for one
year and one day after the crime is
committed. Dain dragged out a lin-
gering existence of agony for a couple
of months over the year and then
died. Hernia resulted from the bullet
wound in his abdomen and finally
killed him. Under the circumstances
Meagher, if found, could be punished,
but would not suffer the extreme pen-
alty of the law.
Arriving in Indianapolis, Murray
visited the penitentiary in company
with Detective Muncie of Cleveland,
who knew Meagher well, and they
identified Armstrong as Meagher,
thus making assurance doubly sure.
The next step was to arrange for the
removal of Meagher to Canada. Mur-
ray went to Terre Haute and secured
the services of Daniel Voorhees of
that city, one of the best criminal law-
yers in the Hoosier state. He in-
formed Voorhees that the state of In-
diana had a criminal serving a sen-
tence for a crime committed subse-
quent to the commission of a far
graver crime in Canada, and that he
wanted to take him back at once to
pay the penalty of his prior deed.
Voorhees took the case and accom-
panied Murray to Indianapolis, where
a fine point of law had to be argued.
The prisoner was in the Indian-
apolis jail, where he was kept, pend-
he knew an attempt would be made to
rescue him. From the fact that he 1 ^ wstw
lia.l gained possession of a revolver j w'atl^ljuK hlm km,w tilat he was play
anil club, it was easy to surmise that ^ for je]ay .llul became more than
some of his friends were scheming to ^ pvp[. lietormine,i (0 take him on that
aid him. He thought of that 4:35 4:35 train. Meagher leaned forward
ing the outcome of the case, and had
been informed of a conditional par-
don and the case going against him.
He was what is known as a "bad
man" in every sense of tlu epithet.
Three times in his career he had es- «. . ....... « v. - .
caped from prison and had shot ami train, and turned to the sherifF.
killed a deputy on one occasion. He i "Just open that gate,' he said, crisp-
had a brother, Charles Meagher of | ly; 'I want to speak to him."
Cleveland, also a thief, burglar, and I "Don't, don't," implored the slier-
desperate, resourceful crook. He had iff. "He'll kill you sure! Remember,
many friends; and Frank Meagher, j 1 warn you."
then a fine looking, well-educated : Murray looked at him grimly,
chap of 28. was highly respected und j Open that gate," he said. "1 m go-
man spoke Murray's hands were
empty, his revolver lying useless in
his pocket.
The prisoner was tirst to break the
tension. "Murray." ho said suddenly,
but without shifting his eyes. "I have
no fit clothes. I'm a gentleman, and
I won't go to Canada looking like a
pauper."
Murray smiled languidly. "The sher-
iff has a suit of clothes for you,
Frank," he said. "It's a pretty fair
suit, but if it isn't good enough, i'Jl
wait uutil you get one."
A look of satisfaction crossed
Meagher's stern features. Murra>
much admired among the denizens of
the underworld for his daring and
cleverness.
Murray was certain that the
chances were all in favor of complete
plans having been made to rescue his
man. He had all of his papers ready j
after midnight on June 20, and went
direct to the jail. A train left at 4:35 j
in the morning and It was Murray's i
intention to get away on it with
Meagher, it was about three in the ,
morning when he arrived at the jail 1
ing in there."
Yielding to the power of the other's
determined will, the sheriff threw
open the gate and Murray, without
the slightest trace of nervousness,
stepped Inside and walked upstairs.
When he reached the first landing the
prisoner's voice rang out, sharp, tense
and replete with deadly menace:
"Stop right there. Murray; don't
you come near me!"
Murray halted. The shining bar-
rel of the revolver, gripped in the
and hurled a torrent of insulting oaths
at Detective Muncie, possibly hoping
that he might create a diversion by
picking a quarrel with the Cleveland
officer. Muncie made no reply, and
the prisoner agalu turned his atten-
tion to Murray.
"I've got nothing against you. Mur-
ray," be said. "But don't come a step
nearer me."
Murray reflected. He half turned
his back and sat down on the stair.
If Meagher had looked away for a
moment he could have slipped out his
gun from his pocket. But the prison-
er's eye never swerved. Murray
yawned listlessly and turned his back
altogether upon him.
"It's like this, Frank," he remarked,
quietly. "I don't want to get hurt any
HURRAY ORDERED mil 7V COME
EEOtfEY WHERE HE JE00D.
accompanied by Detective Lou Mun-
cie.
"Mr. Sheriff," said Murray, "I have
come for Meagher. Here are my pa-
pers."
"I'm afraid we're going to have a
lot of trouble with that fellow," re-
marked the sheriff, who was greatly
excited.
"What's wrong with Meagher?" in-
quired Murray.
"He's armed, he's got up to the
fourth floor, the top tier of cells, and
says he will kill any one who goes
near him," responded the sheriff in
agitated accents, wiping the perspira-
tion from his forehead. "I tell you
he's a desperate man. Mr. Murray,
and he'll keep his word."
"That's your business," said Mur-
ray. "Kindly produce the prisoner."
"Come down, Meagher," piped the
sheriff, In trembling tones.
Meagher spat viciously and bom-
barded the speaker with a volley of
virulent oaths. "Come up here and
get me," he roared. "I'll kill the first
man that sets foot on these stairs."
"Now you can see how it is for
yourself," appealed the sheriff to Mur-
ray.
"All I know is that there sits Meagh-
er and I want him," replied that in-
exorable gentleman. "Here are my
documents, so do your duty.
The unhappy sheriff, thus caught be-
tween the devil and the deep sea,
swore frantically. "I know what my
hand of a ruffian whose unerring aim
had sent more than one human soul
to the great Judgment Seat in the
past, was covering him with fatal ac-
curacy. The spirit of death was hov-
ering in the air.
Murray's voice had lost none of its
habitual coolness as he answered the
desperado's challenge. "There's no
need for getting excited, Frank," he
said. "I'm not coming up. I just want
to talk to you so that everybody won't
hear."
Meagher had risen to his feet and
stood at the top of the stair, looking
down upon the man just below him.
The sheriff grew suddenly valorous.
"Come down, Meagher, or I'll shoot,"
he cried, shrilly.
"Shoot, blast you," responded
Meagher, vigorously. "I'd rather be
shot here than hung In Canada."
There was a moment's silence, and
Murray heard Detective Muncie ad vis
"There's going to be trouble," said
Murray, significantly.
Meagher was wearing leg Irons, as I
well as handcuffs. Murray placed him !
in the middle, and examined the
chambers of his revolver. Muncie al-
so inspected his six shooter, and the
two sat awaiting developments.
"You want to remember one thing,
Frank." said Murray to his prisoner
"If there's any break made somebody
is going to get killed before we do."
Meagher did not reply, but a sullen
gleam lit the depths of his somber
eyes. He comprehended the meaning
of the threat and knew that the speak- j
er would keep his word.
An hour passed. Suddenly the front
door of the car swung open and Red |
Jim Carroll entered with his three >
companions behind him.
"Halt there, Jim!" came the
brusque order In Murray's resolute
tones. Carroll stopped and eyed the
threatening muzzles of two revolv- j
ers. Murray and his companion were
standing erect, alert and threatening.
"(Jood morning, gentlemen," said
Carroll.
"Are you In search of trouble, Jim?"
lcmanded Murray.
Carroll grinned. "Not me " he da-
clared. "Will you let me speak to
Frank?"
"You may speak to him from where ,
you are," conceded Murray.
Meagher, mindful of Murray's sin- j
Ister threat, remained quietly In his
seat. When ills guards first rose to
their feet he had started half up, but
remembering the caution given him
in time, sunk back again. When Car-
roll came to a halt at Murray's com-
mand the prisoner's face grew black
with rage, and he cursed Red Jim and
the letter's companions for a set of
cowardly curs. Red Jim's hand slid
to his pocket, but stopped half way
when Murray ordered him to desist.
"What are you reaching for?" asked
Murray suspiciously.
'i want to pass Frank a couple of
hundred dollars," was the reply.
"Take your money to hell with you,"
roared Meagher, apparently moved to
a frenzy of rage by the falluro of the
plot to rescue him.
Keeping Red Jim covered, Murray
ordered him to reach no lower than
Ills breast pocket with Ills hands, and
to count out the money where he
stood. Meagher again shouted that
he would not accept the money of a
cowardly gang of dogs that would
stand by and see a friend dragged
away.
"Sometimes the worst comes to the
worst, Frank," said Carroll, with an
odd touch of quiet dignity, "and peo
pie can't help themselves. This man
Murray is a gentleman. He'll take no |
advantage of you and give you a fair
show."
Thus speaking, Red Jim tossed the
money at Murray's feet. "You'll have
to excuse my not handing It to you,"
he said, apologetically.
"Good-by, Jim," was Murray's sig-
nificant response.
Carroll hesitated, glanced again at
the leveled revolvers, and nodded.
"Good-by, Mr. Murray," he said.
"Good-by, Frank. Good-by, Mr.
Muncie."
He backed out of the doorway, pre-
ceded by his three pals, and closed
the door. Murray picked up the mon-
ey and gave It to his prisoner. Pres-
ently the train stopped at a junction,
and when It pulled out again Red Jim
stood on the station platform, waving
a final good-by.
Murray and his prisoner went
through to Buffalo, thence to Lewis-
ton on the Niagara river, and thence
by boat to Toronto. As the steamer
passed old Fort Niagara, at the mouth
of the river, and glided out into Lake
Ontario, Meagher stood on the deck.
The American flag was flying over
Fort Niagara, and Meagher raised his
fettered hands and saluted It.
"Good-by, Old Glory, God bless you,"
he said, earnestly. "1 suppose It's the
last time I shall ever see that flag.
I d rather I was dying for it than for
what I am."
He gazed after the flag until it was
a mere speck against the skyline. The
idea that he could still be executed
for killing Dain had taken complete
possession of him, and all Ills captor's
assurances to the contrary failed te
cheer him.
Having landed his prisoner safely
his head. Still the detective sat, with- jn Toronto jail, where he was held
out moving, gazing steadily down the 1 for lrla, Murray realized that It would
stairs. Finally Meagher spoke soft- I ,)e neccssary to obtain the evidence
ly, almost in a whisper. ; ()f Meagher's confederate, Leavitt, in
"You're a game fellow, Murray," he I orjer to convict the former. Leavitt,
WORTH
MOUNTAINS
OF GOLD
During Change of Life,
says Airs. Chas. Barclay
Graniteville, Yt. — "I was passing
through theChangeof I.ifeand suffered
from nervousness
andother annoying
symptoms, and I
can truly say that
LydlaK.Plnknam's
Vegetable Com-
pound has proved
Worth mountains
of gold to me, as it
restored my health
and strength. I
never forget to tell
my friends what
J.ydiaE.Pinkham's
iVdlaj
Vegetable Compound has done for mo
during this trying period. Complete
restoration to health means so much
to me that for the sake of other suffer-
ing women 1 am willing to make my
trouble public so you majr publisr
ing women 1 am willing to make my
nay publisr
this letter." — Mus. "t'nas. Barclay,
R.F.D.,Graniteville, Vt.
No other medicine for woman's ills
has received such wide-spread and un-
qualified endorsement. No other med-
icine we know of has such a record
of cures of female ills as has Lydia K.
linkham's Vegetable Compound.
For more than 1(0 years it has been
curing female complaints such as
inflammation, ulceration, local weak-
nesses, fibroid tumors, irregularities,
periodic pains, backache, indigestion
and nervous prostration, and it is
unequalled for carrying women safely
through the period of change of life.
It costs but little to try Lydia E.
Pinkham's Vegetable Compound, and,
as Mrs. Harclaysays.it is "worth moun-
tains of gold to suffering womea
WEIGHT LIFTER.
not
"Is the baby strong?"
"Well, rather! You know what a
tremendous voice ho has?"
"Yes."
"Well, he lifts that Ave or six times
an hour!"
CHILD ATE CUTICURA OINTMENT.
8pread Whole Box of It on Cracker«
—Not the Least Injury Resulted.
moro than you do, but I'm not any
more afraid than you are."
There was no response. Murray's
mind worked swiftly. The prisoner's
silence was uncanny. Perhaps he
might shoot or bring the club down
with splintering force on the back of
said. "I'll not go with Muncie, but
I'll go with you. if you get me that
suit of clothes."
He stepped down and surrendered !
the club and gun into Murray's hands,
and they walked side by side into the I
office. Meagher spat contemptuously
at the sheriff, swore at Muncie, an.1
glanced at the clock. It was just four,
and a smile flitted over his face. He
donned the suit of clothes, Murray
slipped the handcuffs on him, and, ac-
ing the sheriff to quit making a noise, j companied by Muncie, captor and cap-
however, was sentenced for life, and, j
being dead in the eyes of the law, was
not competent to testify. Murray vis- ,
ited Leavitt at the Kingston peniten- I
tiary and learned that he yearned for
liberty, and was willing to become a
witness for the crown. On Murray's
recommendation, the government
commuted Leavitt's sentence to ten
years, thereby making liirn a compe-
tent witness.
Leavitt accordingly told the story
of the crime, in court, with the result
"You just shut up, sheriff, and leave tured entered a closed carriage which thnt \[,.aB|ier was sentenced to 18
this to me," shouted Murray. "Frank,
he continued, addressing the prisoner,
"you know you won't be hung. Dain
lived over a year. You know you've
got to come. You might kill me, but
you'd have to go all the same."
While speaking, Murray mounted
was driven at a gallop to the railroad | y0arg ln the penitentiary. When
station. As the party alighted the NIeagher heard his former ally testify
train was making ready to go. : jie Btooll ;,„d cursed him savagely.
arrlage drove up, and ..Vnn traitorous hound," he said.
world or the
Cuticura Thus Proven Pure and Sweet.
A New York friend of Cuticura
writes:
"My three year old son and heir,
after being put to bed on a trip across
the Atlantic, investigated the state-
room and located a box of graham
crackers and a box of Cuticura Oint-
ment. When a search was made for
the box, it was found empty and the
kid admitted that he had eaten the
contents of the entire box spread on
the crackers. It cured him of a bad
cold and I don't know what else."
No more conclusive evidence could
be offered that every ingredient of Cu-
ticura Ointment is absolutely pure,
sweet and harmless. It' it may be
safely eaten by a young child, none but
the most beneficial results can be ex-
pected to attend its application to
pected to attend its application to even
the tendered skin or youngest infant.
Putter Drug A Choni. Corp., Solo Props., lioston.
Speaking of Spooks.
Rasmus—What did der ghost say
ter you?
Rastus—How yer tink I know? I
never lurned de dead langulges.
Wise peoplo use llamlins Wizard Oil
to Htop pain because t hey know it always
makea good. Fooligh people try experi-
ments. Ask your druggists about it.
It's difficult to get a crooked man
Interested in the scenery along the
straight and narrow path.
IF YOU 1SF. II* I.I, III.IT.
Get Red Cross Hall Blue, the best Ball
Blue. Large 2 oz. package only 5 cents.
At the Butcher's.
"Is this meat dear?"
"No. ma'am, sheen!"
Lewis' Single Binder straight 5c cigar.
Made of extra uuality tobacco. You/
dealer or Lewis' Fuctory, Peoria, 111.
When a man gives more than a dol-
lar to charity he usually manages to
get caught ln the act.
ONLY ONE "BROMO Oi l NINE."
That In LA X ATI V K ItltoMO Ql ININK. I.<v> >k foi
tbo slgnnturn of I). W . (iltoVK. I'ned tbo WoriJ
over U Cure & Cold in Onu l>a>. 'J&c.
From the blackmailer's viewpoint,
keeping secrets is a paying business.
A second r
from thence alighted Red Jim Car-
roll, Joe Dubuque, and two other well-
known crooks. Murray and Muncie
the steps slowly, until he stood with- j hastily boarded the train with their
in ten feet of Meagher, who pointed
the revolver full in his face.
"Stop!" he commanded, harshly.
"Stay where you are. Don't move an
duty is, all right," he said pathetically, I inch closer."
"but I ain't anxious to be shot like a Murray paused and stared unflinch-
dog or see anyone else murdered. ] jngiy at the outlaw. He knew that
ettbur." • | never in his life had death loomed
Murray was losing patience. It was nearer than at that moment. Meagh-
evident that the sheriff would not try er's eye was cold and hard, yet as it „.,,h hiK
to get Meagher, and also that the j glared at him he fancied that he could nudged Muncie with his
prisoner was playing for time, and read something of curiosity In its mur- i
the purpose of tt probably wan that | derous,
merciless depths.
prisoner between them. As t
began to move, a third carriage drove
furiously up to the station, but the
occupants did not emerge, probably
seeing that they had missed the train.
Red Jim Carroll and his three coin
panions. however, had climbed aboard
in safety.
Murray's quick eye caught sight of
them entering another car, and
Ibffw.
Did you see those fellows?" he
Neither 1 asked. Muncie noddsd.
"You
"I'll kill you in this
next."
Leavitt was pardoned after Meagh-
er's conviction, on Murray's sugges-
tion that he would probably be killed
bv some of the other convicts, if com-
pelled to associate with them. When
last heard of he was living In Cleve-
land, and Meagher's threat of ven-
geance was still unfulfilled. But some
day they may meet—and then?
(Copyright, by W. G. Chopman.)
tCup> right In tirc-at Britain.)
Beware of Volubility.
He who knows little soon tells lt.-«
I German inuverb
"Guaran*
y^fcVl . ■ | |/nV jft- -.-jy
r
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Smith, H. W. The Oklahoma Labor Unit (Oklahoma City, Okla.), Vol. 1, No. 42, Ed. 1 Saturday, April 10, 1909, newspaper, April 10, 1909; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc107613/m1/3/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.