Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-11-04
TALES OF BORDER JUSTICE
How Burl Marlboro Guaranteed Con-
demned Prisoners Appearance.

demned Prisoners Appearance.
OF all Squires' whose virtues should
survive the past, Pat Tompkins stands
pre-eminent. Back in the early
eighties, and prior, Squire" Pat Tomp-
kin's Court was held at Red River
Station, an outfitting post just 43 miles
from a railroad, in the heart Of the
cattle country. Thus circumstanced,
the Squire" was law unto himself,
and felt that he was responsible to
the state and to Providence for the
welfare of the wayward knights Of the
lasso. With a fatherly instinct he
exercised a supervision over his con-
stituents, and would, not infrequently,
send an admonition to some high-spir-
tied youth who gave evidence Of a
strong: desire to get beyond the pale.
"Oficer Of the Court" ne would re-
mark to the Constable. "tell Tom
Scruggs / hear'n Of him maxim Deacon
Gill Davis cuss Parson Farmer at the
pint of a six-shooter, and I don't low
to hold him guiltless at his next ap-
pearance."
While breaches of the peace COM
mitted along the outer edges Of the
"Squire's" district might be regarded
with considerably leniency, woe betide
the bold spirit that exhibited wanton
hilarity within the precincts Of the
"Squire's" office. Summoning the
culprit before him, he would say:
Young man, you have sinned against
God and man, and in my sight, God
blast We! Now give the Constable $40
and go back to the ranch"
Among the cowboys Of that section
was Will Mann, a rollicking young fell
low with a good education and affable
manners. His many accomplishments
and his genial disposition made him
a general favorite. Still William was
not above suspicion. It was noticed
that he frequently took trips without
The formality Of saying goodby to his
associates, and upon his return could
give no satisfactory account Of HIM
self. After a while 1t was noticed too,
that one or more range horses" dis
appeared about the same time that
Mann did, but they failed to show up
again upon his return. He was watch
ed, and finally caught, dead to rights,
with one of John Campbelrs best COW
ponies. E.
OF course he was taken before
Squire" Tompkins, to be dealt with
according to law. The "Squire's" au-
thority was limited to acquitting the
prisoner or holding him over to await
the action of the next grand jury.
But, believing that the law was
either to acquit or hang, the Squire"
examined the witness closely. being OF
the opinion that mans life hung up
on his decision! There were no law
yers present to cross examine, brow
beat or squabble over technicalities. 1t
was a simple inquiry into a vital fact,
by tender-hearted man who would
rather have given up all he had than
sentence a man to death but who
would Just as assuredly give up all he
had rather than not sentence to death,
IL he thought 1t was his duty to do so.
Having finished with the prosecuting
witnesses, he called upon the prisoner to
testify. Mann could offer nothing In
extenuation. Whereupon the Squire
commanded: "Wm. Mann, stand up"
The prisoner arose. william Mann,
I have heard the testimony in this
case and find you guilty. I do now,
therefore, by the authority invested IN
me, sentence you to hang in thirty
days. Have you anything to say why
you shouldn't hang, and may God be
merciful to you, sinner" The de-
fendant did not seem to be very much
alarmed at his prospects. Still he was
not defiant, nor did he, by word or act,
exhibit to the Court any signs OF
amusement. Presently he arose, and
in a subdued voice, said: May 1t
please the Court, 1 have nothing to say,
excepting 1t looks pretty tough that
you will hang a fellow without CIV
ing him a chance to tell his old moth
er good-by."
"Pris'ner Of the bar, give bond for
yer appearance, and you can tell the
old lady good-by."
The young man looked appealingly
into the faces of those who crowded
the dark little courtroom. 'The ST.
lence was becoming oppressive, when
Burl Yarboro, a cattle king and one OF
the shrewdest men along the Red Riv-
er arose and said: Squire, I'll go
this young mans bond"
I'm agreeable, Burl. Take this here
pencil and write 1t out"
Yarboro took the pencil and labor
iously filled a sheet Of paper with his
writing. Then he tore the page to
pieces and wrote another; then anoth-
er and another, but each page was
destroyed as soon as written. Final
ly, he looked up and declared:
Squire. I can't write a bond, but I'm
hi on promissory notes"
EYER note is as good as this here
Court wants, Burl. Fill out a note
Again the pencil scratched along
the soiled paper. After long walt the
Court was handed the following:
Red River Station, Texas,
August 10, 1881.
Thirty days after date we or either
of us promise to return to Squar
Thomkins and be hung for hoss steal
ing. Negoshible and Pay'ble at the
fust national bank, Montague, Texas.
one hang William Mann
"Burl Yarboro."
Squire" Tompkins closely scanned
the paper for several minutes and
then remarked: "This Is a good note;
as good as this here Court wants,
Burl but remember you're putin
lo ~ hnaa thief W