“I don’t want you smoking cigarettes in here.”
“I don’t use tobacco.”
“I don’t want you punching holes in those sacks with your boots.”
“I will be careful. Shut that door good when you go out.”
I had not realized how tired I was. It was well up in the afternoon when I awoke. I was stiff and my nose had begun to drip, sure sign of a cold coming on. You should always be covered while sleeping. I dusted myself off and washed my face under a pump and picked up my gun sack and made haste to the Federal Courthouse.
When I got there I saw that another crowd had gathered, although not as big as the one the day before. My thought was: What? Surely they are not having another hanging! They were not. What had attracted the people this time was the arrival of two prisoner wagons from the Territory.
The marshals were unloading the prisoners and poking them sharply along with their Winchester repeating rifles. The men were all chained together like fish on a string. They were mostly white men but there were also some Indians and half-breeds and Negroes. It was awful to see but you must remember that these chained beasts were murderers and robbers and train wreckers and bigamists and counterfeiters, some of the most wicked men in the world. They had ridden the “hoot-owl trail” and tasted the fruits of evil and now justice had caught up with them to demand payment. You must pay for everything in this world one way and another. There is nothing free except the Grace of God. You cannot earn that or deserve it.
The prisoners who were already in the jail, which was in the basement of the Courthouse, commenced to shout and catcall through little barred windows at the new prisoners, saying, “Fresh fish!” and such like. Some of them used ugly expressions so that the women in the crowd turned their heads. I put my fingers in my ears and walked through the people up to the steps of the Courthouse and inside.
The bailiff at the door did not want to let me in the courtroom as I was a child but I told him I had business with Marshal Cogburn and held my ground. He saw I had spunk and he folded right up, not wanting me to cause a stir. He made me stand beside him just inside the door but that was all right because there were no empty seats anyway. People were even sitting on windowsills.
You will think it strange but I had scarcely heard of Judge Isaac Parker at that time, famous man that he was. I knew pretty well what was going on in my part of the world and I must have heard mention of him and his court but it made little impression on me. Of course we lived in his district but we had our own circuit courts to deal with killers and thieves. About the only outlaws in our country who ever went to Federal Court were “moonshiners” like old man Jerry Vick and his boys. Most of Judge Parker’s customers came from the Indian Territory which was a refuge for desperadoes from all over the map.
Now I will tell you an interesting thing. For a long time there was no appeal from his court except to the President of the United States. They later changed that and when the Supreme Court started reversing him, Judge Parker was annoyed. He said those people up in Washington city did not understand the bloody conditions in the Territory. He called Solicitor-General Whitney, who was supposed to be on the judge’s side, a “pardon broker” and said he knew no more of criminal law than he did of the hieroglyphics of the Great Pyramid. Well, for their part, those people up there said the judge was too hard and highhanded and too long-winded in his jury charges and they called his court “the Parker slaughterhouse.” I don’t know who was right. I know sixty-five of his marshals got killed. They had some mighty tough folks to deal with.
The judge was a tall big man with blue eyes and a brown billy-goat beard and he seemed to me to be old, though he was only around forty years of age at that time. His manner was grave. On his deathbed he asked for a priest and became a Catholic. That was his wife’s religion. It was his own business and none of mine. If you had sentenced one hundred and sixty men to death and seen around eighty of them swing, then maybe at the last minute you would feel the need of some stronger medicine than the Methodists could make. It is something to think about. Toward the last, he said he didn’t hang all those men, that the law had done it. When he died of dropsy in 1896 all the prisoners down there in that dark jail had a “jubilee” and the jailers had to put it down.
I have a newspaper record of a part of that Wharton trial and it is not an official transcript but it is faithful enough. I have used it and my memories to write a good historical article that I titled, You will now listen to the sentence of the law, Odus Wharton, which is that you be hanged by the neck until you are dead, dead dead! May God, whose laws you have broken and before whose dread tribunal you must appear, have mercy on your soul. Being a personal recollection of Isaac C. Parker, the famous Border Judge.
But the magazines of today do not know a good story when they see one. They would rather print trash. They say my article is too long and “discursive.” Nothing is too long or too short either if you have a true and interesting tale and what I call a “graphic” writing style combined with educational aims. I do not fool around with newspapers. They are always after me for historical write-ups but when the talk gets around to money the paper editors are most of them “cheap skates.” They think because I have a little money I will be happy to fill up their Sunday columns just to see my name in print like Lucille Biggers Langford and Florence Mabry Whiteside. As the little colored boy says, “Not none of me!” Lucille and Florence can do as they please. The paper editors are great ones for reaping where they have not sown. Another game they have is to send reporters out to talk to you and get your stories free. I know the young reporters are not paid well and I would not mind helping those boys out with their “scoops” if they could ever get anything straight.
When I got in the courtroom there was a Creek Indian boy on the witness stand and he was speaking in his own tongue and another Indian was interpreting for him. It was slow going. I stood there through almost an hour of it before they called Rooster Cogburn to the stand.
I had guessed wrong as to which one he was, picking out a younger and slighter man with a badge on his shirt, and I was surprised when an old one-eyed jasper that was built along the lines of Grover Cleveland went up and was sworn. I say “old.” He was about forty years of age. The floor boards squeaked under his weight. He was wearing a dusty black suit of clothes and when he sat down I saw that his badge was on his vest. It was a little silver circle with a star in it. He had a mustache like Cleveland too.
Some people will say, well there were more men in the country at that time who looked like Cleveland than did not. Still, that is how he looked. Cleveland was once a sheriff himself. He brought a good deal of misery to the land in the Panic of ’93 but I am not ashamed to own that my family supported him and has stayed with the Democrats right on through, up to and including Governor Alfred Smith, and not only because of Joe Robinson. Papa used to say that the only friends we had down here right after the war were the Irish Democrats in New York. Thad Stevens and the Republican gang would have starved us all out if they could. It is all in the history books. Now I will introduce Rooster by way of the transcript and get my story “back on the rails.”
MR. BARLOW: State your name and occupation please.
MR. COGBURN: Reuben J. Cogburn. I am a deputy marshal for the U.S. District Court for the Western District of Arkansas having criminal jurisdiction over the Indian Territory.
MR. BARLOW: How long have you occupied such office?
MR. COGBURN: Be four years in March.
MR. BARLOW: On November second were you carrying out your official duties?