The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-31
ROTK|N FEATURE
IN HOUGH'S BOOK
Former Salt Laker Figures
Large in "The Story of
the Outlaw"
REAL AND SHAM BAD MEN
rsTIMATEs OF DESPERADoEs OF
THE COUNTRY.

fudge Theodosius BOtkin, known 10
cit lake and Utah as lawyer. Fourth OF
1,,Iv orator and Republican spellbinder.
ID at present United States consul at
port Louis. Mauritius. has a prominent
lice in THE Story of the Outlaw" by
emerson Hough, Just published by the
outing company of New York.
Tudae Botkin comes into the book in
his iudicial capacity. He il not listed
.r,onr Americas most notorious des-
,,aradoes" Of whom the book purports TO
Give and. in the main, does give, ''un-
Srai1Idiced estimates. The chapter IN
TIrbich Judge BOtkin appears is devoted
"a The county seat war between HugOtoh
md Woodsdale in Stevens county, Kan,
- iSS2 and later when Judge BOtkin was
an tba bench. The part that has 10 do
win Rotkin is told by Herbert NJ. Ton
~ of Flora, Ill, then OF Woodsdale.
Tonney begins ms ndrraIlNe ny saying
IT do not have to swear to the truthful
,ese IF my story, for I have already
dome so in many courts and under the
denomination OF some of the ablest
LAWYERS in the country. He continues
20 Ealing his story of how he and sew
arsI companions in SheriffS posse were
surprised at night by Hugoton partisans,
rIaced i'm line and shot down deliberately.
An were killed except Ionney, VINO was
wounded and left for dead. but escaped
during the night. Tonney gives his story
If the iawlessness that continued in en-
counrers between the rival partisans and
ef the delay in the legal proceedings fol-
lowing the murders Col. :. n. WOOD,
founder OF Woodsdale. had succeeded in
securing the office of sheriff for John
N Cross Of WOOdsdaie, although Hugo
ton held the county seat. Cross was
killed at Hay Meadows when Tonney
escaped. Wood was involved in litigation
growing out of the feeling between the
towns Coming to BOtkin's part in the
matter Tonney says;
Assassination of Wood.
The trial Jagged. Wood was once
more under bond 10 appear at HugOtOn,
before the court of his enemy, Judge
ROtkin. and among many other of mis-
Hug1t0n enemies. On the day that Col.
Wood was 10 go for his trial, June y,
1891. he drove up in a buggy In the
vehicle with him were his wife and a
Mrs Perry Carpenter. Court was held
in the Methodist church. At the time of
Woods arrival the docket had been
called and a number of cases set for
trial, including one against Wood for
arson-there was no crime in the cal
cndaT of which one town did not accuse
the other. and, indeed. of which the cit
liens of either were not guilty.
Wood left the two ladies sitting in the
buggy, near the door. and stepped up &c
the clerks desk to look over some papers.
As he went in, ne passed, leaning against
the door, one Jim Brennan, a deputy Of
Hugoton who did not seem 10 notice
him. Brennan was a friend Of &. Z.
Cook, then under conviction for the Hay
Meadows massacre. Brennan stood talk
ing TO Mrs Wood and Mrs. Carpenter.
smiling and apparently pleasant. Gel.
Wood turned and came down towards the
door, again passing close to Brennan, but
not speaking to him. He was almost
uDOn the point of climbing TO his seat
i'm the buggy. when Brennan. without a
word and without any sort of warning.
u l. L.
back Wood wheeled around, and Bren-
nan shot him the second time. through
the right side. Not a word had been
spoken by any one. Wood now started
TO run around the corner of the house.
His wife, realizing now what was hap
pening, Sprang from the buggy seat and
followed to protect him Brennan fired
a third time, but missed. Mrs. Wood,
reaching her husbands side. threw her
arms around his neck. Brennan. COM
ing close up, fired a fourth shot, this
time through Woods head. The MUIR
dered man fell heavily, literally in his
Wifes arms. and for the moment IL was
thought both were killed. Brennan drew
second revolver. and so stood over
Woods corpse. refusing to surrender TO
any one but the sheriff of Morton county.
Botkin the Judge.
THE presiding judge at this trial was
TheOdOsus Botkin, a figure of peculiar
eminenCe in Kansas at that time. Bot
kin gave Brennan into the custody of the
sheriff of Morton county. He was re-
moved from the county. and il need
hardly be stated that when he was at
last brought back for trial it was found
impossible to empanel jury, and he was
set free No one was ever punished for
this cold-blooded murder.
Whether or not suspicion attached TO
Judge BOtkin for his conduct in this mat
ter, he himself seems to have feared re-
venge, for he held court with Winches-
ter at his hand ana a brace of revolvers
on the desk in front of him. his court
house always surrounded with an armed
guard. He offended men in Seward
county and there was d plot made to
kai him. A party lay in wait along the
road TO intercept BOtkin on his journey
from his homestead-every one in Kansas
al that time had a 'Claim'-but Botkin
was warned by some friend. He sent Oul
sam Dunn. sheriff of Seward county, tC
discover the truth of the rumor. Dunn
part Of the country, was fired upon and
killed, instead Of Botkin. Arrests were
made in this matter also. but the sham
trials resulted much as had that of Bren-
nan. The records Of these trials may be
seen in Seward county. 1t was murder
for murder, anarchy for anarchy, evasion
for evasion, in this portion of the from
tier
Judge Botkin soon after this resigned
his seat upon the bench and went lectur-
ing upon the virtues of the Kelley cure
afterwards he went to the Legislature
the same legislature which had once tried
hin on charges of Impeachment as {
Judge"
Tonney drops Botkin at this point and
continues his story of the Stevens county
war.
His Salt Lake Career.
Botkin came to Salt Lake as a Repub,
lcsn spellbinder in the campaign of 1860
He was one of the best the party had
After the close of the campaign BotkiI
opened a law office in Salt Lake. but hi,
practice was not extensive. He contin
Ted to make patriotic speeches and cam
paign talks, thus forming connections
with the Republican payroll now and
then. He got on II for two months
straight by receiving an appointment a.
reading clerk of the state senate in 1908
and later in that year was appointed
through Senators Smoot and Sutherlan,
As consul at Port Louis, Mauritius, wher
ne is now. Botkin is a Civil war veteran
ana man of presence, large and portly
When he was in Salt Lake he relates
"reminiscences of his Kansas days once Il
while. but as far as known he neve
IIeterred to the incidents touched on Il
Mr. Houghs book
Like Mr.. Hough's other books On tn
west. THE Story of the Outlaw make
no pretension to polished literary styl
ana has little of it, but IT is filled witt
interesting matter. The author live
twenty-five wears in the west and write
inuefStandfngly. He knows his men an