The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-21

vember 80, and were in a little frame
shanty exposed on high spot of ground,
when the officers attacked us at $50 O'Clock
the morning of December l. Without
warning they began firing. The woman
who was in the house ran out with her lit
tie boy, followed by the girl who lived with
them, and hid in the graveyard 80 yards
away during the battle. Some officers were
behind big house sixty yards north, some
in big barn northeast and seven or eight
west of us in the timber. There were
thirty of them against four Of US. Their
bullets tore clear through the house. big
SO-12O calibre. as if it had been made of
paper. We were worse off than if we had
been in the open. The first shots wounded
two of US. got a bullet in the thigh that
lodged against the bone. Pat OMalley had
the big muscle OF his leg shot almost off.
A bullet tore through my vest and one
through my sleeve. That was too much
for me to stand there and be riddled,
and jumped to the window and opened on
the log house. couldn't see anybody; I
had TO judge from the smoke. Bullets
were cutting through the room at every
angle, and I yelled to Pat and Frank, my
brother, Run for the orchard! Morris and
I viii hold them while you go" At that
time every one of us had from three TO
half dozen holes torn through our
clothes by bullets which had not wounded
us and we couldn't stand such fire long.
pat went about twenty steps the air
and ground around him fairly sizzling with
bullets.
Then he dropped on one knee and drew
his Winchester on the barn. We had good
guns. too, and the barn offered no more
resistance than our house. In half a min
ute I saw the officers run out of the barn,
and in a few minutes we were doing all
the firing and then all was quiet. The
officers had skipped except three that were
killed.
Across the open prairie we went afoot
for three quarters of a mile and not a
shot was fred at US. We had lost our
horses, so we had to capture an Indian
wagon on the 3rd of December.
sam Baker found we were stopping at
a friends down below his place. He came
to see Us and we asked him to send word
to Marshal Bennett we would surrender.
He talked US out of it and offered AS
wagon and team to get us out of the
country. He went with US far enough 10
he sure we would not miss the road to
the rock quarry he told US 10 take Pat
and l were lying wounded on the bottom
of the wagon. Frank was driving and
none had guns when the twelve officers.
posted in the quarry. jumped out and or
dered US to surrender Morris O'MaIey
had gone back to Bakers to spend the
night. When he awoke in the morning the
officers were outside the house shooting
and calling on him 10 surrender. He looked
up and there stood Baker with a gun
drawn on him.
Il was indicted at Muskogee for robbing
five postofices, for highway robbery and
for seven assaults with intent to kill I !
was acquitted on all but one. the assault |
on the thirty officers at Spike ranch. |
The judge gave me five years. In the trial
for the Rock Island holdup I was kanga- !
rooed. The day Of the holdup I made the
deal for our surrender to Bob Motley in
the office Of Colonel Pitman, prosecuting /
attorney Of Pottawa tonne county. It was |
1:So o'clock and the holdup was at noon. |
had another witness who saw me in the |
hallway Of the prosecutors office. That |
night I reached my home at Tecumseh. |
where was seen by Ike Reafro. a real /
estate dealer, and r. D. Howe. an attor- |
ney besides my parents.
The only evidence against ne vas that /
of the express messenger who claims he /
recognized me in the man who ooened /
the safe. The black hairy mask worn by .
the train rohher, ha saws. fell forward as /
he stopped before he safe so ne could see /
the profile Of his face. Father Hale. Dud- /
ley Brown. merchant of Anadarko. At I
torney Gilbert and others VINO were lined /
up against :he fence testified that the f.
smallest Of the robbers was taller -han
me by an inch and a half and that he /
would weigh l55 pounds. Others described .
him as having dark hair and dark ewes.
Il am confident of new trial on ac- /
count of certain rulings Of the court. I |
have some of the hest lawyers in the terri
tory and plenty Of influential friends. /
talked law to JudEe Townsend for an hour I
and a half az the close Of the trial He al /
lowed the state 90 introduce evidence as - /
the contents Of kilograms and letters con-
corning the identity of jewelry. when the /
kilograms. primary evidence. should have /
been made exhibits. On the other hand 1
they would no- allow my diary - he IN 4
troduce5 in evidence. It contained a record .
of my movements and vas taken from me |
by the officers when I was captured. These |
points. Of course. VIII insure a new trial" /
BRAKEMAN IS INJURED