The Moore Messenger. (Moore, Okla.), Vol. 1, No. 22, Ed. 1 Saturday, April 10, 1909 Page: 3 of 8
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Avenging of Joseph Dain
By GEO. T. PARDY C=
John Wilson Murray in a New Sort of Case.
N a cold, dark winter's
O night in March, 1875,
two men itolo quietly
along in the black shadow
of tho house walls in
Y'onge street. Toronto,
Canada. Each of the mid-
night prowlers took an op-
posite side of the thor-
oughfare. Thev slipped
swiftly nnd soflly out to
the corner of Bloor street
where the city limits end-
ed in those days.
On a corner of Yonge and Uloor
streets lived the Dains, rich drovers
and butchers. The family consisted of
Mrs. Daln 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 and he opened his
•■yea to see a tall figure dimly percep
tible in the gloani, standing beside
his bed, rifling the pockets of his
trousers In which he had a 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
tho bed he clinched with the intrud-
er and a short but desperate grapple
followed. Exerting all Ills strength
the robber broke away and fled down
tho stairs with Dain in hot pursuit.
Tho waiting man swung the door
wide open to allow his partner free
ogress, slammed it shut again In
I Iain's face, and the two burglars sped
out through the darkness, separating
as they fled and running in opposite
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 on the outside of the house
hail run swiftly across Yonge street.
Kate 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 fhe scene and took
the captured burglar to the lockup.
Daln was carried indoors, attended to
by surgeons and rallied considerably
after the operation, although it was
not expected that he would recover
irom the effects of his terrible wound.
Tho 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 ho recog-
nized the prisoner as Charles Leavitt,
a desperate American burglar and
thief. BufTalo was his home town, but
the police there knew him so well that
he seldom dared to visit tho place.
Looking carefully over the overcoat
found in the captive's possession.
Murray discovered the mark of a
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 ia 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 where he was kept, pend-
ing the outcome of the case, anil had
been informed of a conditional par-
don and the case going against hint.
He was what is known as a "bad
man" in every sense of the epithet.
Three times in his career he had es-
caped from prison and had shot and
killed a deputy on one occasion. He
had a brother, Charles Meagher of
Cleveland, also a thief, burglar, and
desperate, resourceful crook. He had
many friends; and Frank Meagher,
then a line looking, well-educated
chap of 28, was highly respected and
much admired among the denizens of
the underworld for his daring and
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
after midnight on June 20, and went
direct to the Jail. A train left at 4:115
in the morning and it was Murray's
intention to get away on it with
Meagher. It was about three in the
morning when he arrived at the jail
he knew an attempt would be made to
rescue him. From the fact that he
had gained possession of a revolver'
and club, it was easy to surmise that
some of his friends were scheming to
aid him. He tnought of that 4:35
train, and turned to the sheriff.
"Just open that gate," he said, crisp-
ly; "I want to speak to him."
"Don't, don't," implored the sher-
iff. "He'll kill you sure! Remember,
I warn you."
Murray looked at him grimly.
"Open that gate," he said. "I'm go-
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 tho
prisoner's voice rang out, sharp, teuse
and replete with deadly menace:
"Stop right there, Murray; don't
you come near ine!"
Murray halted. Tho shining bar-
rel of the revolvor, gripped iu the
inan spoke Murray's hands were
empty, hi* revolver lying useless In
The prisoner was first to break tho
tension. "Murray." he said suddenly,
but wtthout shifting his eyes. "I have
no fit clothes. I'm a gentleman, and
I won't go to Canada looking like a
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'll
wait until you get one."
A look of satisfaction crossed
Meagher's stern features. Murray,
wati'Ung him, knew that he was play-
ing f'C delay, and became more than
ever determined to take him on that
4:35 train. Meagher leaned forward
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 again turned his atten-
tion to Murray.
There-* going to be trouble," aiM
Meagher was wearing leg Irons, as
well as handcuffs. Murray placed him
in the middle, and examined the
chambers of his revolver. Muncie al 1 *" • troubled w.th cramps in the
so Inspected his six shooter, and the stomach for six years. I tried many
two sat awaiting developments. | kind# of medicine, also was treated
"You want to remember one thing by three doctors.
Frank." said Murray to Ills prisoner "They aaid that I had nervous dys-
if there's any break made somebody j pcpgja. I took the medicine for two
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-
er would keep his word.
An hour passed. Suddenly the front
door of the car swung open and lied
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-
ers. Murray and his companion were
standing erect, alert and threatening.
"Good morning, gentlemen," said
years, then I got sick again and gave
up all hopes of getting cured.
"I saw a testimonial of a man whose
case was sim.'lar to nine, being cured
b* Peruna, so thought I would give it
a trial. I procured a bottle at once,
and commenced taking it.
"I have taken nineteen bottles, and
am entirely cured. I believe Peruna
Is all that is claimed for it."—Mrs. J.
C. Jamison, 61 Marchant St., Watson-
SNAP FOR JIMMIE.
"I've got nothing against you. Mur , CarroM
ray," he said. "But don't come a step ( '..Ar(,you ,n gearch o( ,rouble, Jim?"
nearer me. ' demanded Murray.
Murray reflected. He half turned | carron grinned. "Not me." he ile-
itis hack and sat down on the stall j 0|are(| "Will you let me speak to
if Meagher had looked away for a j,<riu,k?"
moment he could have ^ ! "You may speak to him from where
you are.' conceded Murray.
gun from his pocket. Hut the prison-
er's eye never swerved. Murray
yawned listlessly and turned his back
altogether upon lilm.
"It's like this, Frank." he remarked,
quietly. "I don't want to get hurt any
Meagher, mindful of Murray's sin-
ister threat, remained quietly in his
sent. When his guards first rose to
their fset he had started half up. hut j
remembering tho caution given him j
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 lie cursed Red Jim and
the hitter'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
"I want to pass Frank a couple of
hundred dollars," was the reply.
"Take yrtur money to hell with you,"
roared Meagher, apparently moved to
a frenzy of rage by tho failure of tho
plot to rescue lilra.
Keeping Red Jltn covered, Murray I
ordered him to reach no lower than |
his breast pocket with his 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 nnd see a friend dragged
"Sometimes the worst comes to the
worst, Frank," said Carroll, with an
odd touch of quiet dignity, "and peo-
ple can't help themselves. This man
| Murray is a gentleman. He'll take no
advantage of you and give you a fair
Thus speaking, Red Jim tossed the
money at Murray's feet. "Y'ouil have
to excuse my not handing it to you,'
he said, apologetically.
"Good-by, Jim," was Murray's sig-
Carroll hesitated, glanced again at
tiie leveled revolvers, and nodded.
"Good-by, Mr. Murray," he said.
"Good-by. Frank. Good-by, Mr.
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-
"Oh, Jimmie, our pa's been appoint-
"Good! Now I won't have ter put
any stamps en do letters 1 sends
MUST BELIEVE IT.
Every Reader Will Concede the Truth
of This Statement.
One who suffers with backache or
any form of kidney trouble wants a
lasting cure, not
merely a temporary
benefit. Profit by
the example of
Rev. J. M. Suffleld.
of 2179 S. 8th St.,
Lincoln, Nebr., who
confirms a report
of his cure after
several years. "I
told in a state-
ment made for pub-
lication In 1900 how
Doan's Kidney Pills
had relieved mo
after other reme-
dies had failed."
said Rev. Suffleld. "I have no hesita-
tion In confirming that statement now.
I have used Doan's Kidney Pills at
various times and they have never
Sold by all dealers. 50 cents a box.
Foster-Mllburn Co., Buffalo, N. Y.
An Eye for Business.
White—Why are you so anxious to
lend that friend a dollar whenever he
asks It? He only spends the money in
drinks and cigars.
Hlack—Oh, he always pays It back!
White—But there must be some
other reason for your ready generosity.
Black—Well, there is. He always
r.pends half of the money on me.—
That for more than fifteen years
Hunt's Cure has been working on the
afflicted. Its mission is to cure skin
d when it pulled out again Red Jim | troubles, particularly thoseofanltch-
stood on tho station platform, waving
Hurray ordered m re comr
oirr the notiEY where he
accompanied by Detective Lou Mun-
"Mr. Sheriff," said Murray, "I have
come for Meagher. Here are my pa-
"I'm afraid we're going to have a
lot of trouble with that fellow," re-
marked the sheriff, who was greatly
"What's wrong with Meagher?" in-
"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 Ills forehead. "1 tell you
he's a desperate man, Mr. Murray,
and he'll keep his word.'"
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
more than you do, but I'm not any
more afraid than you are."
There was no response. Murray's
a final good-by.
Murray and his prisoner went
through to Buffalo, thence to Lewls-
ton on the Niagara river, and thence
by boat to Toronto. As tho 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. "I 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
lng character. Its success is not ou
account of advertising, but because it
surely does the work. One box Is
guaranteed to cure any case.
mind worked swiftly. The prisoner's j possession of him, and all his captor's
assurances to the contrary failed to
I Having landed his prisoner safely
! in the Toronto jail, where he was held
for trial. Murray realized that it would
| be necessary to obtain the evidence
I <if Meagher's confederate, I.eavitt, in
' order to convict the former. Leavitt,
however, was sentenced for life, and,
silence was uncanny. Perhaps he
might shoot or bring the club down
with splintering forco on the back of
his head. Still the detective sat, with-
out moving, gazing steadily down the
stairs. Finally Meagher spoke soft-
ly, almost In a whisper.
"You're a game fellow, Murray," he
said. "I'll not go with Muncie, but
Meagher had risen to his feet and I I'll go with you, if you get me that ! being dead in the eyes of the law, was
stood at the top of the stair, looking j suit of clothes." | |lot competent to testify. Murray vis-
down upon the man just below him. | jje stepped down and surrendered I Leavitt at the Kingston peniten-
The sheriff grew suddenly valorous. the club and gun into Murray's hands, I tiary and learned that he yearned for
and they walked side by side into the | liberty, and was willing to become a
office. Meagher spat contemptuously j witness for the crown. On Murray's
at the sheriff, swore at Muncie, and j recommendation. the government
glanced at the clock. It was just four, ! c ommuted Leavitt's sentence to ten
and a smile flitted over his face. He j years, thereby making him a compe-
donned the suit of clothes, Murray
slipped the handcuffs on him, and, ac-
companied by Muncie, captor and cap-
tured entered a closed carriage which
was driven at a gallop to the railroad
station. As the party alighted the
train was making ready to go.
A second carriage drove up, and
"And It's awfully impolite to inter-
rupt one who Is talking, Isn't it,
"Except when a woman is describ-
ing clothes, my dear, and then it Is
polite to constantly ejaculate 'How
lovely!' or 'How ridiculous!' as the
case may be."—Kansas City 'limes.
Important to Mothers.
Examine carefully every bottle of
CASTORIA a safe and sure remedy for
Infants and children, and see that it
! In Use For Over .'JO Years.
The Kind You Have Always Bought
Give Him Time.
"Do you cultivate the muses?"
"No—I'm a stranger in town, and
only know a few people, so far."
Dyspepsia and constipation are avoidable
miseries—take Garfield Tea, Nature's Herb
Samson was the first actor on record
to bring down the house.
"That's your business," said Mur-
irisoner." | Meagher, vigorously. I d rather be
shot here than hung In Canada."
Come down, Meagher, or I'll shoot,"
he cried, shrilly.
"Shoot, blast you," responded
ray. "Kindly produce the pri
''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-
"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
duty is. all right." he said pathetically,
"but I ain't anxious to be shot like a
dog, or see anyone else murdered,
Murray was losing patience. It was
evident that the sheriff would not try
to get Meagher, and also that the j glared at. him he fancied that lie could nudged Muncie with his e,bow.
prisoner was playing for time, and j read something of curiosity in its mur-j "Did you see those fellows?"
the purpose of it probably was that | derous, merciless depths. Neither ask ml. Muncie nodded.
There was a moment's silence, ami
Murray heard Detective Muncie advis-
ing the sheriff to quit making a noise.
"You just shut up, sheriff, and leave
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
the steps slowly, until he stood with-
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
Murray paused and stared unflinch-
ingly at the outlaw. He knew that
never in his life had death loomed
nearer than at that moment. Meagh-
er's eye was cold and hard, yet as it
from thence alighted Red Jim Car-
roll, Joe Dubuque, and two other well- |
known crooks. Murray and Muncie j
hastily boarded the train with their !
prisoner between them. As the cars i
began to move, a third carriage drove
furiously up to the station, but the
| occupants did not
j seeing that they had
; Red Jim Carroll and his three cora-
| panions, however, had climbed aboard
i Murray's quick eye cs-ught sight of
I them entering another car. and h
I tent witness.
Leavitt accordingly told the story
I of the crime, In court, with the result
that Meagher was sentenced to 18
1 years in the penitentiary. When
! Meagher heard his former ally testify
j he stood up and cursed him savagely.
"You traitorous hound," he said.
I'll kill you in this world or the
Leavitt was pardoned after Meagh-
er's conviction, on Murray's sugges-
tion that he would probably be killed
by some of the other convicts, if com-
! npiipd to associate with them. When
IS &£. « heard of he was living 1„ Cleve-
land, and Meagher s threat of ven-
geance was still unfulfilled. But some
day they may meet—and then?
(Copyright, by W. G. Chapman.)
(Copyright in Great Britain..)
Beware of Volubility.
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Simms, P. R. The Moore Messenger. (Moore, Okla.), Vol. 1, No. 22, Ed. 1 Saturday, April 10, 1909, newspaper, April 10, 1909; Oklahoma City, Oklahoma. (gateway.okhistory.org/ark:/67531/metadc109099/m1/3/: accessed October 15, 2018), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.