Show Avenging of Joseph Dain = 1 I By GEO T PARDY i John Wilson Murray in a New Sort of Case N a cold dark winters night In March 1S7B O two men stole quietly along In the bluck shadow of the house walls In Yonge street Toronto Cnuniln Each of the midnight mid-night prowlers took un opposite op-posite side of the titer oughfare They slipped swiftly and softly I out to the corner of IHoor street where the city limits ended end-ed In those das On a corner of Yongo und Bloor streets lived tho Dales rich drovers and butchers Tho faintly consisted of Mrs Daln and her three sons Joseph Jnines and Major lima latter wore wealthy business men mid carried largo sums of money on their persons for cattlo buying Upstairs Joseph Damn was slopping soundly In his room his trousers 1 lying ly-ing on the chair beside his bed A slight noise a faint creaking awoke him from slumber and ho opened his eyes to sec a tall figure dimly perceptible percep-tible In tho gloms standing beside his bed rifling the pockets of his trousers In which ho had a largo amount of money A powerful active man of fearless disposition Daln was quick to realize the situation and acton act-on his first Impulse Springing from tho bed he clinched with tho Intruder Intrud-er and a short hut desperate grapple followed Exerting nil his strength the Bobber broke away and fled down tho stairs with Dahl in hot pursuit Tho waiting man swung the door wide open to allow his partner free egress slammed It shut again In Dalns face and the two burglars sped out through the darkness separating as they fled and running In opposite directions Heedless of tho menacing challenge Daln sprang toward the speaker when a shot rang through the frozen air and ho reeled and fell to the ground with a bullet In his abdomen Pocket lug the smoking weapon the burglar resumed his former pace and passed out of sight In the meantime he who had stood as sentry on the outside of the house dad run swiftly across Yonge street Fate willed that he should trip over the extra overcoat he was carrying and fall headlong Before he could regain his feet ho was seized by a passing baker on his way to work who held him until a policeman made his appearance on the scene and took the captured burglar to the lockup Daln wnij o carried Indoors attended toby to-by surgeons and rallied considerably after the operation although it was not expected that he would recover from the effects of his terrible wound The officer selected by the Toronto authorities for the task of running down Dalns murderous assailant was John Wilson Murray formerly of the United State secret service force and now In the employ of tho Canadian government Murrays first step was to visit the captured burglar In tho lockup His wide experience In the criminal world stood him in good stead for at the first glance he recog sized the prisoner as Charles leavltt a desperate American burglar and thief Buffalo was his homo town but tho police there knew him so well that he seldom dared to visit the place Looking carefully over tho overcoat found In the captives possession Murray discovered the marl of a Cleveland tailor He at once started for the city In question and looking up Leavltts American record found that one of his Intimate friends was Frank Mealier of Cleveland a skilled burglar burg-lar clover crook and one of the ablest and worst rough ones at largo Leavltt was tried convicted and sentenced to Kingston penitentiary for life He submitted doggedly to I his fate and sternly refused to give i any Information which might have lei to the arrest of his comrade Daln did not die Immediately but lived over one year and a day According to English and Canadian law a man cannot can-not be convicted of murder and hanged If his victim lives for one year and one day after the crime Is committed Daln dragged out a Un coring existence of agony for a couple of months over tho year and then died Hernia resulted from the mullet wound In his abdomen and flmUlj killed him Under the circumstances Meagher If found could be i punished but would not suffer the extreme penalty pen-alty of tho law Arriving In Indianapolis Mnrraj visited the penitentiary In compan with Detective Muncie of Cleveland who knew Meagher well and they Identified Armstrong as Meagher thus making assurance doubly sure The next step was to arrange for the removal of Meagher to Canada Murray Mur-ray went to Terre Haute anti secured tho services of Daniel Voorhees of that city one of tho best criminal lawyers law-yers in tho Hoosier state Ho informed In-formed Voorhees that tho state of In dlana had l a criminal serving a sentence sen-tence for a crime committed suhse quent to the commission of a far graver crime In Canada and that ho wanted to take him back at once to pay the penalty of his prior deed I Voorhees took the case and accom pained Murtay to Indianapolis where a fine point of law had to be argued Tho prisoner was In the IndIan apolls Jail where ho was Vent pond Ing I the outcome of tho case and had been 1 Informed of a conditional pardon par-don and the case going against him He was what Is known as a bad man i In tnory sense of the epithet Three times In his career he had escaped es-caped from prison and had shot and killed a deputy on one occasion He had a brother Charles Meagher of Cleveland also a thief burglar and desperate resourceful crook Ho had many friends and Frank Meaghor then n fine looking well educated chap of 28 was highly respected nnd much admired among the denizens of the underworld for his daring and l cleverness Murray was certain that tho chances were nil In favor of complete plans having been made to rescue Ills inn Ho had nil of his papers ready after midnight on June 20 and went direct to the Jail A train left 1 nt 135 III tho morning and It was Murrays utcntlon to got away on It with leagher It was about three In the nornlug when he arrived nt tho Jail he knew an attempt would bo made to rescue him From the fact that ho had gained possession of a revolver and club It was easy to surmise that some of his friends were scheming to I aid him Ho thought of that 435 train m and turned t 1 to the sheriff Just open that gate he said crisply crisp-ly I I want to speak to him Dont dont Implored tho sheriff sher-iff Hell kill you sure Hcmombcr I warn jon Murray looked at him grimly 1 Open that gate ho said Im going go-ing In there Yielding to tho power of the others determined will the sheriff threw open tho gale and Murray without the slightest trace of nervousness stepped Inside and walked upstairs When ho reached tho first landing the prisoners voice rang out sharp tense and replete with deadly menace Stop right there Murray dont you come near mo Murray halted The shining barrel bar-rel of tho revolver gripped In tho man spoke Murrays hands wore empty his revolver lying usoless In his pocket The prisoner was first to break tho tension Murray ho said suddenly but without shifting his eyes I have no fit clothes Im n gentleman and I wont go to Canada looking like n pauper Murray smiled languidly Tho sheriff sher-iff has a suit of clothes for you Frank ho said Jltn a pretty fair suit but If It Isnt good enough Ill wait until you get one A look of satisfaction crossed Moaghors stern features Murray watching him know that he was play lug for delay and became more than over determined to take him on that 4I5 1 train Meagher leaved forward and hurled n torrent of Insulting oaths nt Detective Mnncle possibly hoping that ho might create a diversion by picking ex quarrel with the Cleveland officer Munclo made no reply and the prisoner again turned his attention atten-tion to Murray Ive got nothing against you Murray Mur-ray ho said But dont come u stop nearer me Murray reflected He halt turned his buck nnd 1 sat down on the stair If Meaghor had looked away for n moment ho could have slipped out his gun from his pocket Hut tho prisoners prison-ers eye never swerved Murray yawned listlessly and turned his back altogether upon him Its like this Frank ho remarked quietly I dont want to get hurt any Lt Th IIi II I j I 1 I f a i t 1 I J11k1 II J HURRAY ORDERED Jtat TV comr i OflT Tile nOttEY WflfltEffE JTVOD accompanied by Detective Lou Mat clc Mr Sheriff said Murray I have come for Meaghcr Hero are my papers pa-pers Im afraid were going to have a lot of trouble with that fellow remarked re-marked the sheriff wjio was greatly excited Whats wrong with Meagher Inquired In-quired Murray lies tinned hes got up to the fourth floor tho top tier of cells and says he will kill any one who goes near him responded the sheriff In agitated accents wiping the perspiration perspira-tion from his forehead I tell you lies a desperate man Mr Murray and hell keep Ills word Thattv your business said Murray Mur-ray Kindly produce tho prisoner Come down Meagher piped tho sheriff in trembling tones Measlier spat viciously and bombarded bom-barded tho speaker with a volley of virulent oaths Come up here and get me ho roared Ill kill tho first man that sets foot on these stairs Now you can see how it is for yourself appealed tho sheriff to Murray Mur-ray f rayAU I know Is that there sits Meagh er and I want him replied that Inexorable In-exorable gentleman Hero are my documents so do your duty The unhappy sheriff thus caught between be-tween the devil and the deep sea swore frantically I know what my duty Is all right he said pathetically but I aint anxious to be shot like a dog or see anyone else murdered either Murray was losing patience It was evident that tho sheriff would not try to get Meagher and also that the I I prisoner was playing for time and I the purpose of it probably was that hand ot a ruffian whoso unerring aim had sent more than ono human soul to tho great Judgment Seat In tho past was covering him with fatal accuracy ac-curacy The spirit of death was hov orlng In tho air Murrays voice had lost none of Its habitual coolness as he answered the desperados challenge Theres no need for getting excited Frank he said Im not coming up I Just want tQ talk to you bo that everybody wont hear Meagher hail risen to his feet and stood at the top of tho stair looking down upon the man just below him Tho sheriff grew suddenly valorous Come down Meagher or Ill shoot ho cried shrilly I Shoot blast you responded Meaghor vigorously Id rather bo shot here than hung in Canada There was a moments silence and Murray heard Detective Muncie advising advis-ing tho sheriff to quit making a noise You just shut up sheriff and leave this to me shouted Murray FrankIe Frank-Ie continued addressing tho prisoner you know you wont boJumg Daln lived over a year Yon know youvo got to come You might kill me but youd have to go all the same While speaking Murray mounted the steps slowly until ho stood within with-in ten feet of Meagher who pointed the revolver full In his face Stop ho commanded harshly Stay where you are Dont move an Inch closer Murray paused and stared unflinchingly unflinch-ingly at the outlaw Ho knew that never In his life had death loomed nearer than at that moment Moagh ors eyo was cold and hard yet as It glared at him ho fancied that Tie could read something of curiosity In its murderous mur-derous merciless depths Neither r more than you do but Im not anymore r any-more afraid than you arc There was no response Murrays mind worked swiftly The prisoners silence was uncanny Perhaps he might shoot or bring tho club down with splintering force on the back of ids head Still the detectlvo sat without with-out moving gazing steadily down the stairs Finally Mwigher spoke softly soft-ly I almost In a whisper Youre a game fellow Murray ho said Ill not go with Muncie but Ill go with yon If you get me that suit of clothes He stopped down and surrendered the club and gun into Murrays hands amid they walked side by side Into tho office Meagher spat contemptuously r at tho sheriff swore at Muncie and glanced at tho clock It was Just four and n smile flitted over his face Ho donned the suit of clothes Murray slipped tho handcuffs on him and nc companlcd by Muncie captor and captured cap-tured entered a closed carriage which was driven nt a gallop to tho railroad station As tho party alighted the train was making ready to go A second carriage drove up and from thence alighted Hed Jim Carroll Car-roll Joe Dubuque and two other well known crooks Murray and Munclo hastily boarded the train with their prisoner between them As the cars began to move a third carriage drovo furiously up to the station but tho occupants did not emerge probably seeing that they had missed the train Red Jim Carroll and his three companions com-panions however had climbed aboard In safety Murrays quick eyo caught sight of them entering another car aud ho nudged Munclo with his elbow Did you see those fellows t ho asked Muncie nodded L Tlierofl going to oo trouble tall Murray significantly Meagher was wearing leg Irons all well as handcuffs Murray placed blot lu the middle mid examined the clinnithrH of his revolver Munclo also al-so Inspected his six shooter and lave two tat awaiting developments You want to remember one liming rnuK said Murra to his prisoner If 1 theres any break made somebody Is going to got killed before wok Meagher did not reply but a onllce gleam lit tho depths ot his somber yes He comprehended lhu meaning of the threat and knew that tho apcak er would keep his word I An hour passed Suddenly tho front door of tin car swung open and lied Jim Carroll entered with his throe companions behind him Halt there Jim camo the brusque order In Murrays resolute tones Carroll stopped and eyed Uw threatening muzzles of two revolt em Murray 1 and his companion were standing erect alert and threatening Good morning gentlemen said Carroll Are you In search of trouble Jlmf demanded Murray Carroll grinned Not me ho dn clnred Will you lot mo speak to Frank 1 You may speak to him from where you are conceded Murray Meagher mindful ot Murrays sinister sin-ister threat remained quietly In bin seat When his guards first rose to their feet ho had started half up bat rcmembeilng the caution given him In time sunk back again When Carroll Car-roll came to u halt at Murrays command com-mand tho prisoners face grew black with rage and he cursed lied Jim and tho Tatters companions for a net ot cowardly curs lied Jims hand slid to his pocket but stopped half may when Murray ordered him to desist What are you reaching for asked Murray suspiciously I want to pass Frank a couple of hundred dollars was tho reply Take your money to hell with yon roared Meaghor apparently moved to a frenzy of rage by tho failure of tho plot to rescue him Keeping Ked Jim covered Murray ordered him to reach no lower than his breast pocket with his hands and to count out tho money where he stood Meagher again shouted that ho would not accept tho money of a cowardly gang of dogs that would stand by and see a friend dragged away Sometimes the worst comes to the worst Frank said Carroll with IU1 odd touch of quiet dignity and people peo-ple cant help themselves This man Murray Is a gentleman Hell take no advantage of you and give you a fair show Tints speaking RId Jim tossed the money at Murrays feet Youll have to excuse my not handing It to yon ho said apologetically Goodby Jim i was Murrays significant sig-nificant response Carroll 1 hesitated glanced again at the leveled revolvers and nodded Goodby Mr Murray ho said Goodby t Frank Goodby Mr Munclo Ho backed out of the doorway preceded pre-ceded by his three pals and closed the door Murray picked up tho mosey mos-ey and gave It to his prisoner Presently Pres-ently the train stopped at junction and when it pulled out again Roll Jim stood on the station platform waving a final goodby Murray and his prisoner wont through to Buffalo thenco to Lowlij ton on tho Niagara river and thence by boat to Toronto As tho steamer passed old Fort Niagara at tho mouth of tho river and glided out Into Lake Ontario Meagher stood on the deck Tho American Hag was flying over Fort Niagara and Meagher raised his fettered hands and saluted It Goodby Old Glory God bless you ho said earnestly I suppose Its the last time I shall ever see that flag Id rather I was dying for it than for what I am Ho gazed after the flag until It was a mere speck against the skyline The Idea that he could still be executed for killing Daln had taken complete I possession of him and all his captors assurances to the contrary failed to cheer him Having landed his prisoner safely In tho Toronto Jail where ho was held for trial Murray realized that It would bo necessary to obtain tho evidence of Meaghers confederate Leavltt iu order to convict the former LeavlU however was sentenced for lifeand being dead In the eyes of tho law was not competent to testify Murray visited vis-ited Leavitt at tho Kingston penitentiary peniten-tiary and learned that ho yearned for < + liberty and was willing to become a fJ witness for the crown On Murrays fi recommendation the government commuted Leavltts sentence to ten I years thereby making him a competent I ver compe-tent witness fl Leavltt accordingly told the story of the crime in court with tho result I i that Meagher was sentenced to IS years In the penitentiary When it Meagher heard his former ally testify he stood up and cursed him savagely I 1l You traitorous bound ho said Ill kill you In this world or the a I M next Leavltt was pardoned after Mcagh t ers conviction on Murrays suggestion sugges-tion that ho would probably bo killed by some of the other convicts If com t polled to associate with them When last heard of ho was living in Clove land and MpaghcrH threat of vengeance ven-geance was still unfulfilled But someday some-day they may moot and then 1 Copyright by W a Chapman Copyright in Great Britain |