XIV.

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THE LAND OF THE FAIR GOD.

Captain David L. Payne was a born frontiersman. He left his home in Grant County, Indiana, in 1856, at the age of 20 years. He started west to fight the Mormons, and got as far as Doniphan County, Kansas. Here he found plenty of excitement and joined the Free Soil party. Five years later, when the border was aflame with fire and steel, he was among the first to enlist in the Union army. He served with distinction throughout the war. In 1865 he was honorably discharged at Ft. Leavenworth, with the rank of major. After this he went to Pueblo de Taos, New Mexico, and joined a party under Kit Carson, in an expedition against the Apaches. And after this he was known as the “Cimarron Scout.”

I first met him in the Black Hills in 1876. He was then talking of Oklahoma, called by the Indians The Land of the Fair God. He claimed that the government had no title to the land. The next I noticed of him was in 1880, when he organized a band of raiders to invade Oklahoma and open it for settlement. His first company was thirteen strong. They went as far south as Fort Russell, on the Cimarron, leaving Arkansas City, April 30. They were captured and taken out by United States soldiers. But the brave pioneer was not to be daunted. His followers increased and they hovered upon the banks of the Arkansas River, awaiting the action of a dilatory congress at Washington until the country was thrown open to settlement, April 22, 1889.

Payne was like many other pioneers. He saw the land of promise, but dared not enter therein and live. Fate reserved this boon for others, while death decreed the brave soul should explore another bourne than this. While sitting at a breakfast table in Wellington, Kansas, December, 1884, he suddenly expired. Others may have felt as much interest in the opening of Oklahoma as Payne, but certainly none others devoted so much time and energy to the accomplishment of this work as he. He began the movement at a time when it was very unpopular, hence was the object of much unfavorable criticism and abuse, but he did not allow this to daunt him, and continued to surround himself with a class of followers who had the nerve to stand for the right.

On the opening day the people came. They represented every part of the Union—from the granite hills of Maine to the flowery borders of California, and from the northern lakes to the gulf. They formed one of the most cosmopolitan communities ever assembled in the United States, and as if by common consent all sectional prejudices were laid aside in one common interest of beginning life anew. When the shadows of night fell around and about them on that memorable day, Guthrie, the territorial capital, was a tented city. The rush for lands and lots was over; and men sat quietly about their bivouac fires discussing the exciting events of the day. It was a triumph for American manhood and education; that the day passed off peaceably, and a triumph for which Oklahomans may well feel proud when the turbulence of the times are considered. Practically there was no law save that administered by the United States military, until the organic act was effected, May 2, 1890, when Geo. W. Steele was appointed governor.

At the first session of the Territorial Legislature, a bill was introduced to remove the capital to Oklahoma City. When it was about to be placed upon its passage Arthur Daniels, the Speaker of the House, seized the bill and started on a run for the Santa Fe depot, where a special engine was waiting. Nearly all the members of the legislature started in pursuit, firing their revolvers at the fleeing speaker. He safely eluded them; and as the term of the legislature expired by law that night, the capital was saved to Guthrie.

Hammers and saws could be heard night and day. Men were building a city. In an incredible short space of time, palatial residences, business blocks and church spires rose upon what, a short time since, had been a barren plain. They had added another dot on the map.

The administration of Governor Steele was soon followed by the appointment of Governor A. J. Seay, an heroic figure on the federal side during the war of the rebellion, an able and kindly man whom history will revere. He was just the man for the times, for he always had a pleasant word or sound advice when occasion offered. He had the happy faculty of always looking at the bright side of life, and when speaking invariably put his audience in a good humor, as at the close of his term of office, in an address he said he always took an interest in the scriptural saying, “If a man die, shall he live again?” The crowd saw the point and gave a cheer for the retiring old hero so beloved by all.

About this time E. D. Nix was appointed United States marshal of the Territory. To Marshal Nix and his faithful deputies belong the credit of the suppression of outlawry in Oklahoma. At the time he was appointed in May, 1903, the country was overrun by a banditti that rivaled the noted James and Younger brothers, in Missouri. There was no safety for life or property outside the larger towns. Trains were held up, banks were looted, stores robbed, and travelers were murdered upon the highway.

To the young marshal, then only thirty years of age, it meant a long and bitter fight ahead, costing the lives of ninety-one deputy marshals, and over one and one-half million dollars to the government.

It was a fight to the death, but the young marshal was equal to the emergency, and the emergency confronted him. One by one the desperate bands were either captured or went down beneath the unerring aim of the faithful deputies; who were all skilled frontiersmen.

These men were inured to hardships, many had been on the cattle trails, and had burned cartridges in more than one Indian fight, some had been marshals of Abilene, Dodge City and other frontier towns in their days of lawlessness.

The time will come when men will paint them, write verses about them, as they deserve to be written about. These men who bared their breasts to outlaw’s bullets, as did deputies Bill Tighlman, W. W. Painter, John Hixon, Heck Thomas, Ed Kelley, Chris Madson, Wm. Banks, Frank Canton, John Hale, Frank Rhinehart and many others and to the heroic dead, such as Tom Houston, Lafe Shadley, Dick Speed, Jim Masterson and nearly a hundred others who fell as nobly as any soldier upon the battlefield in country’s cause, for it was in country’s cause in which they fell. The graves of these dead heroes should be decorated, as they will be in time when Oklahomans stop long enough in their monied pursuits to give thought to services rendered by these noble lives.


Chief Big Foot (page 91).

A bushwhacking war was waged by the outlaws for more than three years. As soon as one leader bit the dust there was another to take his place. They were in bands of from ten to twenty and had their rendezvous in the dark forests of the Chickasaw Indian nation, the Grand River hills of the Osage Indian country or the Glass Mountains in the extreme west of Oklahoma. Often they would meet at a given point, do some daring act of train robbery, then scatter like quails with an agreed place of meeting; perhaps a hundred and fifty miles away. They were like the Insurgents of Cuba. No organized force could reach them. They knew every bridle path in the woods, or trail on the plains. Nothing prevailed but an Indian mode of warfare; but by long perseverance Marshal Nix’s force conquered.

Bill Dalton was killed, Bill Doolin, Arkansan Tom, Tulsa Jack, George Newcomb, and Buck Weightman, alias, “Red Rock,” all noted outlaw leaders in time bit the dust, while Bill Raidler fell “bleeding at every pore” from a shotgun in the hands of Marshal Heck Thomas.

Tearing open his shirt and looking at his bleeding breast as full of small holes as the lid of a pepper box, Raidler exclaimed, “Heck you damned scoundrel, haven’t you any more respect for me; than to shoot me with bird shot,” “Only used them for packing, my dear boy, only packing, you will find plenty of buck shot among them,” said Heck, as he slipped the cold steel cuffs on Raidler’s wrists.


                                                                                                                                                                                                                                                                                                           

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