, 1905-02-04
THRILLING INCIDENT OF EARLY
DAYS RECALLED BY REPRINT
FROM COOKS BOOK.
Capture of Man Who Wantonly Killed
Youth Belonging To His Grading
Man To Iowa and Arrested Him
After Wounding Him.

comprises chapter KILN of Hands
Life in the Mountains and On the
Plains compiled by John w. Cook
from the "reminiscences by General d.
j. Cook. chief of the Rocky Mountain
Detective association, and reprinted
by The Republican by permission OF
the author. 1t tells of ar arrest made
by Mr.. n. X. Boswell of this city, one
of the first settlers in Albany county
and one of our most honored citizens:
Charley Maxwell, a bright-faced and
well-dispositioned lad, was shot down
in a cold and cruel way by one John
Kelly, a contractor on the Union Pa
ciic railroad, near Fort Steele, Wyo.,
in 1868. while the railroad was build
ing through that country. He vas a
Colorado boy, and his parents had per
mitted him to go away from home 70
secure work. and he had taken a place
tractors stock. The boy owned an eX-
cellent pony, which was almost his en-
tire property, and he was naturally
very fond of it. One day the Cheyenne
Indians came along and stole it, and
left him quite in despair at his loss.
dis grief was SO intense as to have an
effect upon the railroad workmen, and
their sympathy grew to be so strong
that they determined to buy him an
other pony. By clubbing together suf-
ficielt none was raised for this pur-
pose. The animal being procured,
young Maxwell decided one day to re-
turn to Colorado, and demanded a set
Element with his employer. Kelly was
a rich man, worth perhaps no less than
500 900, but he was about as small a
specimen of manhood as was ever per-
mitted to live in the western country,
where such characters as a rule are
not tolerated long at a time. When
the boy asked to be paid for his SER
! vices Kelly coolly handed him the
amount due, less the cost of the pony
! with the purchase of which he had had
nothing to do, mind you-saying that
he would deduct the amount paid for
the animal from the boys pay. Max
well vas indignant, but helpless. He
could only appeal for his just dues.
This he did when opportunity offered,
and. seeing Kelly in a bank one day.
went in and asked him for the balance
which he thought should be to his
credit. Kelly turned upon him with
wrath and poured a stream Of profan-
ity upon him, exclaiming as he went
out of the bank:
I'll teach you, you - little -
of a -, to ask me for money!"
He passed out of sight for the time,
and Maxwell thought no more of the
matter until he saw Kelly coming
down the street with a rifle thrown
across the shoulder. He was then un-
certain as to the mans purpose and
made no attempt to get away. Pass
ing down the street on the opposite
side from the boy, he said nothing un-
til directly across from him, when he
threw his gun across the wheel of a
wagon for a rest, and, taking deliber-
ate aim at Maxwell, shot him down in
his tracks. The boy fell bleeding,
crying:
20, Mr.. Kelly, o have shot me;
please let me live. will not bother
you again"
Kelly loaded his gun and walked
across the street, saying in response to
the lads utterances:
Il don't think you WILL responded
Kelly as he placed the muzzle of the
weapon to the boys ear; not if |
know what l am about. No, you won't
ask me for any more money in a pub
lie bank. I'll warrant you don't"
AS he spoke the last words the trig- |
ger was pulled, n the top of the
writhing boys head was blown almost
of by the bullet which went crashing
through it.
The men around were most of them
employees of Kelly's, to which fact
alone is doubtless due his escape from
lynching at the time. He was arrest
ed and imprisoned at Fort Steele, but
soon escaped from there and disap-
peared. Kelly's home was in Council
Bluffs, Ia, and thitherward he wendell
his way. In Omaha he was arrested,
but contrived to get out of Jail, wheth-
er by the use of money is o known.
In Council Bluffs the program was re-
peated, and the fellow after that was
allowed to go free for over two years.
In 1870 Maxwell's father decided to
make a last effort to have his sons
murder avenged, and he placed the
matter before Mr.. N. X. Boswell Of
the Rocky Mountain Detective associa-
ton of Laramie, to whom he related
the facts. saying he was pool and able
to pay but little, and appealing to MI.
humanity. Mr.. Boswell un-
dertook the case, and never did a de.
tective work more assiduously, or with
more skill, OR display greater tenacity
IF purpose or more downright courage (
han did Boswell on this case. The
story would. indeed, be told except :,
or the detectives work; but as it is, ]
t is just beginning. l.
Mr.. Boswell Boon learned the place $