The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1876-12-21
A MURDERER'S FATE.

Borderdale was a backwoods village
composed of some fifty cabins, log tav-
ern, store and grocery, but no church.
Forty years ago | squatted there, car
rying with me moderate stock of Coke
and Blackstone-not enough to glut the
market-and "set up shop" in shanty
that took considerable cheek to call an
Office.
There being no other lawyer within a
circuit of thirty miles, l had the field to
myself. But, though the law was there
in theory, there was very little of it in
practice. Men generally settled their
own disputes; and Judge Lynch disposed
of most of the criminal business, leaving
very little Of it for the circuit Judge.
My shingle had swung six months
without attracting client My legal
stock was growing musty, and there was
danger of its getting understandable if
customers didn't come soon.
One appeared at last-a plain, honest
looking settler, whose case, briefly stated
was this:
He had bought and paid for quarter.
section of land, for which he held gov
ernment patent. Near fine spring of
water on it, he had built cabin for his
family, whom he had left behind at their
old home till he should hav, their new
one ready. While he was gone to bring
them, which required journey of some
weeks, Jim Brawley, a lawless character,
who claimed Iy squatter title, an adjacent
tract, whose boundaries fuctuated with
the changes of his fancy, taking advan-
tage of my clients absence, entered on his
premises and fenced off a portion, includ-
ing the house and spring, whereof Jim
now kept possession.
what shall do?' my client asked.
Pitch the rascal out, neck and heels, !"
I would have answered, had the intruder
been another than Jim Brawley. But
Jim Brawley was the terror Of the settle
ment. He had killed three men in
quarrels provoked by himself, and had
been acquitted, each time on the ground
of self-defence. His tactics were to
taunt his adversary into some aggressive
movement, then to whip out his pistol and
blaze away. trusting to jury of his peers
to justify the act.
Longingl ly as l had looked forward to
my first case, l must confess should
have preferred its being against differ
ent person. The chances were that jim
would try to force a quarrel on me, in
which [ should be compelled either to
submit to gross insult, or expose my life
to peril. But whatever my misgivings,
felt that L could not, in hsnor, decline
the proffered case.
/ got down Chitty, and drew up as
good declaration in ejectment as
could, and then looked about for some one
to serve it. But nobody seemed inclined
to undertake "a duty so perilous; so it
devolved upon myself. 1t was at this point
the trouble, if trouble there was to be, was
likely to begin, and l resolved to be pre-.
pared. had an excellent revolver, which
had purchased before leaving home, at
the advice of friends who knew the char.
aeter of the community I was about to
cast my lot with; l had never yet carried
it, but thought it well enough, on the
present occasion, to put it in my pocket.
felt good deal nervous on approach.
ing the cabin where Jim was supposed tC
lie intrenched, and mo,e so still as
knocked at the door. No response came
and knocked again. Still no answer.
tried the latch but it was fastened. II
was plain that Jim was absent. | lost nc
time in lacking the copy to the door
which knew was legal service; after
which hurried away, not little relieved
in mind.
A few hours afterwards, on entering
the apartment of the village tavern, which
served for office, barroom and parlor,
saw Jim Brawley standing at the counter
talking excitedly to crowd he was il
the act of treating.
'Hellol-you' he accosted me, "come
up an take nip like man. arter which
I've got a couble o words to say to yor
about that thar lyin dockyment you'v,
been and nailed to my door,"
Jim's favorite mood of getting up
quarrel, was by an invitation to drink o.
which he would take no refusal.
4 do not wish to drink I sale
quietly.
BY jingo, you shall drink' roaret
Jim, pouring out a glass of whisky, anC
approaching me with it in his hand.
l repeated my refusal
'Ef you don't swaller every drop O. tina
I'll throw it in your facet
| l made no reply, and the ruffian mad
movement as if to execute his threat,
knocked up his hand, and the liquor wa
dashed in his face.
In an instant he had his hand in hi
pocket. | knew he was coming and wa
too quick for him. My pistol was drawn
cooked and leveled before he could with
draw his hand. His eye quailed. sa,
that the man at heart was coward, an,
that | had only to preserve my GOODNESS
He had slain his victims by getting tn
start, which he was very expert in doini
This time he had been baffied He stoo
with his hand in his pocket, evidentl
fearing to draw it out, lest | should fir
at the first movement.
'H-hold on, strangerP he faltered, hi
features pale and quivering; this ain
fair sleddin'. You've got the draw o
me. Fite fair, an I'm yourn.'
I'll fight you fair said, determine
/ to expose his cewardice to the bottom.
wall, what dye call fair?' he asked.
Come | answered, Let each lay hi
pistol on this table, one standing on eac
side; neither party to touch his weapo
till the word is given, then both to seiz
and fire.
That would be delib'rit murderr b
! whined.
"A man who has committed three Q
, them ought not to stickle at that sal
sneeringly.
I-I-guess I'll send a friend to 70
tomorrow TO range the perliminaries,
: stammered Jim, sneaking out amid th
jeers OF those present. His prestige wa
; gone, and that night he followed it. H
was seen no more in that community
J The ejectment case went by default, th
rightful owner having resumed possessio
4 long before.
More than five years afterwards, ha
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