The Texhoma Times. (Texhoma, Okla.), Vol. 5, No. 30, Ed. 1 Friday, April 9, 1909 Page: 3 of 12
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I
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 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. Thev slipped
swiftly and softly out to
the corner of Rloor street
where the city limits end-
ed In those days.
On a corner of Yonge and Bloor
streets lived the Dains, rich drovers ,
and butchers. The family consisted of
Mrs. Dain and her three sons, Joseph,
James and Major. The latter were
wealthy business men and carried
targe sums of inoney on their persons
tor cattle buying.
Upstairs Joseph Dain was sleeping
soundly In his room, his trousers ly-
tng on the chair beside his. bed. A
slight noise, a faint creaking, awoke
him from slumber and 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 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
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
Daln'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
Daiii 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
Jhad run swiftly across Yonge street.
Tate willed that he should trip over
the extra overcoat he was carrying
And fall headlong. Before he could
iregain his feet he was seized by a
passing baker on his way to work,
who held him until a policeman made
!hls appearance oft 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
mot expected that he would recover
ifrom the effects of his terrible wound.
The officer selected by the Toronto
authorities for the task of running
<lown Dain's murderous assailant was
■John Wilson Murray, formerly of the
United State secret service force and
mow 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
«tead, 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
lie seldom dared to visit the place.
Looking carefully over the overcoat
Sound 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
lor life. He submitted doggedly to
Ills 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,
tut 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 be
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-
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 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 fine looking, well-educated
chap of 28, was highly respected and
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
after midnight on June 20, and went
direct to the jail. A train left at 4; 35
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 thought 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 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
man spoke. Murray's hands were
empty, his revolver lying 41801683 in
his pocket.
The prisoner was first to break the
tension. "Murray," he said suddenly,
but without shifting his eyes, "1 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 haB 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,
watching him, knew that he was play-
ing for 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. Munclo made no reply, and
the prisoner again turned his atten-
tion to Murray.
"I've got nothing against you, Mur-
ray," he said. "But don't come a step
nearer nie."
Murray reflected. He h&lf 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 m tv comr
ocrr the notfEY mm mr
"There's going to be trouble," said
Murray, significantly.
Meagher was wearing leg irons, as
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-
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
TO PREPARE GOOD CUSTARDS.
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 tlei 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
duty is, all right," he said pathetically,
"but I ain't anxious to be shot like a
dog, or see anyone else murdered,
either."
Murray was losing patience. It was
evident that the sheriff would not try
to get Meagher, and also that the
prisoner was playing for time, and
the purpose of it probably was that
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 hlB 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 advis-
ing the sheriff to quit making a noise.
"You just shut up, sheriff, and leave
this to me," 6houted 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
Inch closer."
Murray paused and stared unflinch-
ingly at the outlaw. He knew that
never In bis life had death loomed
nearer than at that moment. Meagh-
er's eye was cold and hard, yet as It
glared at him he fancied that be could
read something of curiosity in Its mur-
derous, merciless depths. Neither
More 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
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
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
office. Meagher spat contemptuously
at the sheriff, swore at Muncie, and
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-
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
from thence alighted Red Jim Car-
roll, Joe Dubuque, and two other well-
known crooks. Murray and Muncie
hastily boarded the train with their
prisoner between them. As the cars
began to move, a third carriage drove
furiously up to the station, but tlio
occupant! did not emerge, probably
seelug that they had missed the train.
Red Jim Carroll and his three com-
panions, however, had climbed aboar.i
In safety.
Murray's quick eye caught sight of
them entering another car, and he
nudged iMuncie with his elbow.
"Did you see those fellows?" he
asked. Muncie nodded.
Directions for the Making of Various
Kinds of Flavoring.
Gelatine custards are boiled cus-
tards, chilled and stiffened with gela-
tine. When delicately flavored and
served with rich cream they are de-
licious and wholesome. For a coffee
jelly, prepare a boiled custard with
two cups of milk, two egg yolks and
two tablespoonfuis of sugar. While It
is hot add two tablespoonfuis of gela-
tine that has been dissolving In a little
cold water. Stir Into the custard, also
two or three teaspoonfuls of coffee ex-
tract, or enough to suit the taste. Set
the custards away to cool until ready
to serve. Just as they are becoming
hard, the whipped whites of the ega;s
may be stirred through them, and weJI
brusque order in Murray's resolute j beaten in. They are an Improvement,
tones. Carroll stopped and eyed the | but not essential. ' To prepare coffee
threatening muzzles of two rovolv-, extract pour about a tablespoonful of
ers. Murray and his companion were boiling water over one or two tea
standing erect, alert and threatening, j spoonfuls of powdered coffee and
"Good morning, gentlemen," said j squeeze it through muslin, repealing,
Carroll. if necessary, two or three times. It
"Are you In search of trouble, Jim?" j should be very strong to make a godd
demanded Murray. dessert.
Carroll grinned. "Not me," he de j Flavorings of wine, vanilla, orange,
clared. "Will you let me speak to j lemon, almond, etc., may be used Iti-
Frank?" j stead of coffee. Preserved ginger cot
"You may speak to him from where j in Uny strips and boiled with the cus-
you are,'' conceded Murray. '1111,1 18 sometimes used as a flavoring.
Meagher, mindful of Murray's Bin- j ?n,!y ,,no^h shoul(> be U8«' t0 Slve,
lster threat, remained quietly in his
seat. When his guards first rose to
their feet he had started half up, but
remembering the caution gtven 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 latter'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
delicate flavor.
The gelatine custards are like blanc
mange, the only difference being the
egg yolks, which turn them from
white to yellow.
PBOTKAI, HINUS
HOUSeWTFl
Cook dried fruits on lop of the fur-
nace.
Boil beans in the furnace, browning
them the last half hour in the oven.
When using the oven put all In It
a frenzy of rage by the failure of the I it will hold, meats, potatoes, apples,
plot to rescue htm. puddings, etc.
Keeping Red Jim covered, Murray Never mix a French dressing until
ordered him to reach no lower than ready for use. The vinegar and «il
his breast pocket with his hands, and w111 separate.
to count out the money where he ! Save the water in which potatoes
stood. Meagher again shouted that i have been boiled and use it to wash
he would not accept the money of a tarnished brass. It will come out ^s
cowardly gang of dogs that would bright as new.
stand by and see a friend dragged ^ delicious salad may be made of
away : grape fruit, pulp, white grapes and
"Sometimes the worst comes to the i s,a!ks. o£ romaine, dressed with oil
worst, Frank," said Carroll, with an j an^ v,n,eS*r 811,1 sweetened si ghtly
odd touch of quiet dignity, "and peo- To «ke,oId 8,alns fr°m nia,„bU>'
pie can't help themselves. This man °nf «m °f W"ds «nd oxgall and a
Murray is a gentleman. He'll take no | la f a «ln turpentine. and as much
advantage of you and give yea a fair ful'era ™ th as will make 'a paste.
' and rub It on the stains. Leave it on
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 j cheap variety Is poorly backed.
for a few days and then wil)e off.
In selecting velours or tapestry 'of
any description, look at the backing. It
you find a loose cotton weave, you
may be sure that It will soon weai
out. The backing of good tapestry is
smooth and well finished, whereas the
the leveled revolvers, and nodded
"Good-by, Mr- Murray," he said.
"Good-by, Frank. Good-by, Mr.
Muncie."
lie 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 gilded out into Lake
Ontario, Meagher stood on ^he deck.
The American flag w'as flying ove?
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 Bkyline. The
idea that he could still be executed
for killing Dain had taken complete
possession of him, and all his captor's
assurances to the contrary failed to
cheer him.
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
of Meagher's confederate, Leavitt, In
order to convict the former. ^Leavitt,
however, was sentenced for life, and,
being dead in the eyes of the law, was
not competent to testify. Murray vis-
ited Leavitt at the Kingston peniten-
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 teD
years, thereby making him a compe-
tent witness.
Leavitt accordingly told the story
of the crime, in court, with the result
that Meagher was sentenced to 18
years in the penitentiary. When
Meagher heard his former ally testify
he stood up and cursed him savagely.
"You traitorous hound," he said.
"I'll kill you In this world or the
next."
Leavitt was pardoned after Meagh-
er's conviction, on Murray's sugges-
tion thut he would probably be killed
by 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. Chapman.)
(Copyright In Great Britain.)
Apple Cream Pie.
Line a deep pie plate with a rich
puff paste, having an extra rim of the
paste around the edge. For tfie
filling stew three tart apples cored but
not pared, then sift them and a'dd
while hot one-fourth cup of butter
Beat the yolks of three eggs with one
halt cup of sugar, add the grated rind
of one lemon, also juice, then the
stiffly beaten whites of the eggs, and
stir this mixture thoroughly with the
apple. Add more sugar if needed
Pour the mixture Into the pie plate
lined with the paste and bake about
one-half hour. Whip one-half pint
cream stiff, sweeten it slightly and pile
it on top when ready to serve, *
Caramel Ice Cream. 4
Foundation for Ice cream—One
quart milk, heated in double boiler.
Add two cups of sugar, four eggs, four
tablespoons flour. Boil until thick and
flavor with vanilla. Strain and cool.
Just before freezing add one quart
cream. Strain.
Caramel Ice Cream—Use above
foundation. To the hot milk add one-
half cup sugar, burned (to bivn add
enough water to make syrup over a
very hot flre), then the rest of the
sugar and ingredients follow.
After Cooking Onions.
To remove the smell of onions,
wash the pan thoroughly In the usual
way and wipe dry with a dish cloth.
Next sprinkle with salt, set on the
stove and allow It to brown, shaking
the pan well from time to time. Rinse
again in clean water, to which a lump
of washing soda has been added, when
all taste and smell of onion will have
disappeared.
Meat Balls.
One pound of hamburger steak, one
cup bread crumbs, one-half cup grated
cheese two eggs beaten until light,
one tablespoon chopped parsley, salt
and pepper; mix in balls size of an
egg, then drop In soup stock, and boil
ten minutes, and then add two beaten
eggs, one spoon grated cheese, and
stir in lastly for thickening; serve.
Salad and Cold Duck.
A delicious salad may be prepared
from cold duck. Mince the meat fine,
adding a small quantity of stuffing to
It. Season highly with salt and pep-
per, stir in a little minced celery, and
cover with mayonnaise or some sim-
ilar dressing. Serve on a bed of let-
tuce leaves.
. Good Sandwich Filling.
French candied fruits minced and
moistened slightly with pineapple or
orange Juices are a favorlto saudwlch
filling.
Washing a Pongee Dress.
In doing up « pongee dress, do not
Beware of Volubility.
He who knows little goon tells It.— j iprlnkle It after it is dry, as It will cer
German proverb. 1 luiuly spot.
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Fischer, J. S. The Texhoma Times. (Texhoma, Okla.), Vol. 5, No. 30, Ed. 1 Friday, April 9, 1909, newspaper, April 9, 1909; Texhoma, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metapth353164/m1/3/?q=led+zeppelin: accessed June 12, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.