The Tupelo journal., 1902-10-24

treat; the pursuing posse of citizens
time and again coming into contact
with the bandits and exchanging shots
with them. The raiders were handi-
capped in their retreat by the wound
ed whom they were ~endeavoring to
carry along with them, and, finally,
in n thick wood, the posse succeeded
in surrounding them. A battle en-
sued, in which three of the members
of the gang were killed and the three
Younger brothers were captured.
Jesse James and the remainder OF the
outlaws succeeded in making good
their escape.
The Youngers All Ounde
All of the three Younger boys had
been wounded in the series of battles
that had marked their retreat, and
to this day carry bullets fired at
them by the plucky citizens. The
prisoners were brought speedily to
trial and, on November 81, 1876,
pleaded guilty to the charge of muir
der in the first degree, this plea. it is
said, having been entered into in or
der to escape conviction by a jury,
which would nave involved the in
Fiction of the death penalty. Ehe
brothers were sentenced to the Still
water penitentiary to serve a life sem
tence.
Futile Effort for Pardon.
In 1889 an effort was made to Sc
cure an unconditional pardon for the
brothers, it being pleaded in support
of this effort that it had not been
proven hat either of the brothers
had fired the shot that killed Cashier
Haywood and a further plea for mer-
cy was based upon the ground that
Bob Younger was dying of con-
sumption. superintendent of Census
William r. Merriam, who then occu-
pied the gu%bernatorial chair, refused
to accede to the request for a pardon,
there still being a very strong senti-
ment against the brothers in North
fleld and Rice county. Shortly after
this Robert Younger died in prison.
Still Further Efforts.
Frequent attempts were made to Sc
cure pardons for the remaining broth
ers, the petition being signed by lead
ing men in all walks of life, both
citizens of this state and of Missouri.
Among those who made especial eff
fort to secure the granting of a par
don was Senator Stephen b. Elkins,
of West Virginia, who, it is said, had
known the brothers well in the DAYS
before the war. 1t is also related
that the senator's life was saved.
during the civil war, through the eff
forts of Cole Younger. Elkins had
been captured by Quantrell's gueril-
las and had been sentenced to be shot,
but Younger connived at his escape
from the gang and succeeded in re-
storing him to his regiment.
Their Parole Finally Secured.
All efforts at securing an uncondi-
tlonal pardon having failed, a bill was
introduced in the state legislature in
1901, empowering the state board of
pardons to grant paroles to life pris-
oners who had served 25 years OF
more. The bill was hard fought, but
finally passed both branches of the
legislature and was sent to Gov. Van
SAINT for his signature. The gov
ernor had three days within which to
sign or veto the bill, failing which
the act would become a law without
his signature. Before the three davs
had expired the house recalled the
bill and did not return it to the gov
ernor until the time for approval had
elapsed. The state pardoning board.
however, of which the chief Justice of
the state is a member, decided that
the bill had become a law without the
signature of the governor, and, on
July 10, 1901, upon recommendation
of the board of prison commission
ers, a parole was granted to Coleman
and James Younger, and on July IA
they were released.
Suffered Much From Ola
Under the terms of the parole, the
brothers were not to leave the state.
and since their release they have been
engaged in business of various sorts.
James Younger has suffered much
from old wounds, and several months
ago an operation was performed for
the removal of a rife ball from his
back.