Captured and tried
John Barclay Armstrong
On January 20, 1875, the Texas Legislature authorized
Governor Richard B. Hubbard to offer a $4,000 reward for Hardin's arrest. An
undercover Texas Ranger named Jack Duncan intercepted a letter sent to Hardin's
father-in-law by Hardin's brother-in-law, Joshua Robert "Brown" Bowen. The letter mentioned that Hardin was
hiding out on the Alabama-Florida border using the name "James W. Swain". In his autobiography, Hardin admitted
that he had "adopted" this
alias from Brenham, Texas, Town Marshal Henry Swain, who had married a cousin
of Hardin's named Molly Parks.
In March 1876, Hardin wounded a man, in Florida, who had
tried to mediate a quarrel between him and another man. In November 1876, in
Mobile, Alabama, Hardin was arrested briefly for having marked cards. In
mid-1877, two former slaves of his father's, "Jake" Menzel and Robert Borup tried to capture Hardin in
Gainesville, Florida. Hardin killed one and blinded the other.
On August 24, 1877, Rangers and local authorities confronted
Hardin on a train in Pensacola, Florida. He attempted to draw a .44 Colt
cap-and-ball pistol but it got caught up in his suspenders. The officers
knocked Hardin unconscious. They arrested two of his companions, and Ranger
John B. Armstrong killed a third, a man named Mann, who had a pistol in his
hand. Hardin claimed that he was captured while smoking his pipe and that
Duncan found Hardin's pistol under his shirt only after his arrest.
Trial and
imprisonment
Hardin was tried for Webb's killing, and on June 5, 1878,
was sentenced to serve 25 years in Huntsville Prison. In 1879, Hardin and 50
other convicts were stopped within hours of successfully tunneling into the
prison armory. Hardin made several attempts to escape. On February 14, 1892,
during his prison term, he was convicted of another manslaughter charge for the
earlier shooting of J.B. Morgan and given a two-year sentence to be served
concurrently with his unexpired 25-year sentence.
Hardin eventually adapted to prison life. While there, he
read theological books, becoming the superintendent of the prison Sunday
School, and studied law. He was plagued by recurring poor health, especially
when the wound he had received from Sublett became re-infected in 1883, causing
him to be bedridden for almost two years. In 1892, Hardin was described as 5.9
feet (1.8 m) tall and 160 pounds (73 kg), with a fair complexion, hazel eyes, dark
hair, and wound scars on his right knee, left thigh, right side, hip, elbow,
shoulder, and back. On November 6, 1892, during Hardin's stay in prison, his
first wife, Jane, died.
While in prison, he wrote an autobiography. He was well
known for fabricating or wildly exaggerating stories about his life. He claimed
credit for many murders that cannot be corroborated. Hardin wrote that he was
first exposed to violence in 1861 when he saw a man named Turner Evans stabbed
by John Ruff. Evans died of his injuries and Ruff was jailed. Hardin wrote, "... Readers you see what drink and
passion will do. If you wish to be successful in life, be temperate and control
your passions; if you don't, ruin and death is the result."
After prison
On February 17, 1894, Hardin was released from prison,
having served seventeen years of his twenty-five-year sentence. He was forty
years old when he returned to Gonzales, Texas. Later that year, on March 16,
Hardin was pardoned, and, on July 21, he passed the state's bar examination,
obtaining his license to practice law. According to a newspaper article in
1900, shortly after being released from prison, Hardin committed negligent
homicide when he made a $5 bet that he could "at the first shot" knock a Mexican man off the soapbox
on which the man was "sunning"
himself, winning the bet and leaving the man dead from the fall and not the
gunshot.
On January 9, 1895, Hardin married a 15-year-old girl named
Callie Lewis. The marriage ended quickly, although it was never legally
dissolved. Afterward, Hardin moved to El Paso, Texas.
Death
An El Paso lawman, John Selman Jr., arrested Hardin's
acquaintance and part-time prostitute, the "widow"
M'Rose (or Mroz), for "brandishing a
gun in public". Hardin confronted Selman and the two men argued. Some
accounts state that Hardin pistol-whipped the younger man. Selman's 56-year-old
father, Constable John Selman Sr. (himself a notorious gunman and former
outlaw), approached Hardin on the afternoon of August 19, 1895, and the two men
exchanged heated words.
That night, Hardin went to the Acme Saloon where he began
playing dice; his last words were "Four
Sixes to Beat". Shortly before midnight, Selman Sr. entered the
saloon, walked up to Hardin from behind, and shot him in the head, killing him
instantly. As Hardin lay on the floor, Selman fired three more shots into him.
Hardin was buried the following day in Concordia Cemetery, in El Paso.
Selman Sr. was arrested for murder and stood trial. He
claimed self-defense, stating that he witnessed Hardin attempting to draw his
pistol upon seeing him enter the saloon, and a hung jury resulted in his being
released on bond, pending a retrial. However, before the retrial could be
organized Selman was killed in a shootout with US Marshal George Scarborough on
April 6, 1896, during an argument following a card game.
Reburial controversy
A century later, on August 27, 1995, there was a
confrontation between two groups at the site of Hardin's grave. One group,
representing several of Hardin's great-grandchildren, sought to relocate his
body to Nixon, Texas, to be interred next to the grave of his first wife, Jane.
The other group, consisting of locals from El Paso, sought to prevent the move.
At the cemetery, the group representing Hardin's descendants presented a
disinterment permit for the body, while the El Pasoans presented a court order
prohibiting its removal. Both sides accused the other parties of seeking the
tourist revenue generated by the location of the body. A subsequent lawsuit
ruled in favor of keeping the body in El Paso.
Known contacts with
the law
Hardin had numerous confirmed clashes with the law:
January 9, 1871: Arrested by Constable E.T. Stakes
and 12 citizens in Harrison County, Texas, on a charge of four murders and one
horse theft. It is alleged that Hardin was an accomplice in the killing of
ex-Texas State Policeman and Waco Texas Town Marshal Laban John Hoffman on
January 6, 1871. Hardin claimed not to have been involved in Hoffman's murder.
January 22, 1871: Hardin killed Texas State Police
officer Jim Smalley and escaped. Up to November 13, 1872, the Grand Jury of
Freestone County, Texas had not filed an indictment against Hardin for
Smalley's killing.
August 6, 1871: In Abilene, Dickinson County, Kansas,
Charles Couger was killed in the American House Hotel. Hardin, aka "Wesley Clemens", was found
guilty by a coroner's jury of the killing.
October 6, 1871: Texas Special Policemen Green
Paramore and John Lackey were killed and wounded, respectively, by Hardin in
Gonzales, Texas.
July 26, 1872: Texas State Policeman Sonny Speights
was wounded in the shoulder by Hardin in Hemphill, Texas
September 1872: Hardin surrendered to Sheriff Reagan,
but escaped in October 1872.
November 19, 1872: Hardin mysteriously escaped from
the sheriff of Gonzales County, Texas, despite a guard of six men. A reward of
$100 was offered for his re-capture.
June 17, 1873: Hardin assisted in the escape of his
brother-in-law, outlaw Joshua "Brown"
Bowen, from the Gonzales County, Texas, jail. Bowen had been charged with the
December 17, 1872, killing of Thomas Holderman. After Bowen's execution in the
summer of 1878, Hardin was implicated in Holderman's death as well.
July 18, 1873: Hardin killed Dewitt County Texas ex-Deputy
Sheriff Morgan and later killed Dewitt County Sheriff Jack Helm.
August 26, 1873: Cuero Texas Sherriff D.J. Blair
prevented a gunfight between two well-armed parties, one of which was headed by
John Hardin and the other headed by Capt. Joe Tomlinson.
October 1873: Hardin was indicted in Hill County,
Texas, for the 1870 death of Benjamin Bradley, but was never tried.
May 26, 1874: Hardin killed Brown County Deputy
Sheriff Charles Webb in Comanche, Texas.
November 1876: Hardin (under the alias of "Swain") and Gus Kennedy were
arrested in Mobile, Alabama, for having a deck of marked cards, and ordered to
leave town. A police Sgt was wounded in the arm.
August 1877: Reported to have been under indictments
in five Texas counties: Trinity County, Texas; Comanche County, Texas; Wilson
County, Texas (the last was in July 1873 for the killing of Sheriff Jack Helm)
on three separate murder charges; Navarro County, Texas; and Smith County,
Texas, on two separate charges of assault with intent to murder.
May 1, 1895: Hardin used a pistol to get back money
that he lost in gambling at El Paso's Gem Saloon. Hardin would later publish a
defense of his action.
July 1895: Fined $25 for gaming, relating to the May
1 incident, where he lost and took back $100 at the Gem Saloon. His gun was
confiscated.
Confirmed shootings
Prior to December 9, 1868: Hardin shot and mortally
wounded "Maje" (Major)
Holshousen near Moscow, Polk County, Texas.
January 5, 1870: Hardin killed Benjamin Bradley and
claimed to have brought about the "disappearance"
of a "Judge Moore." in Hill
County, Texas.
January 22, 1871: Hardin killed Texas State Policeman
John Smalley.
June 1, 1871: Hardin killed three Mexican cowboys in
Park City, Kansas.
July 20, 1871: Hardin was involved in the killing of
Mexican outlaw in Sumner City, Kansas.
August 6, 1871: Hardin killed Charles Couger in
Abilene, Kansas.
October 6, 1871: Hardin killed Texas Special
Policeman Green Paramore and wounded policeman John Lackey.
June 19, 1872: Hardin is wounded in a gunfight in
Willis, Texas.
July 26, 1872: Hardin wounded Texas State Policeman
Sonny Speights in Hemphill, Texas.
July 17, 1873: Hardin killed J.B. Morgan in Cuero,
Texas.
July 18, 1873: Hardin killed Dewitt Sheriff Jack Helm
in Albuquerque, Texas.
March 11, 1874: Hardin was involved in Jim Taylor and
William Taylor's killing of William Sutton and Gabriel Slaughter
May 26, 1874: Hardin killed Deputy Sheriff Charles Webb
in Comanche, Texas.
March 1876: Hardin shot and wounded W.C. Overbey in
Gainesville, Florida.
November 1876: Hardin and Joe Kennedy arrested for
having marked cards in Mobile Alabama; Mobile policeman Sgt Ryan was shot in
the arm.
Mid 1877: "Jake"
Menzel and Robert Borup tried to capture Hardin in Gainesville, Florida; Hardin
killed one and blinded the other.
1894: After his release from prison, Hardin won a
$5.00 bet when he used a pistol shot to knock a sleeping Mexican off a box (victim
was killed by the fall).
Unconfirmed claims
Hardin's autobiography is filled with statements which can
either not be confirmed independently from his book, or differ wildly from the
historical record:
Hardin claimed that after killing Maje, he shot three Union
soldiers of the U.S. 4th Cavalry Regiment at a creek crossing at Logallis
Prairie (now Nogalus Prairie, Trinity County, Texas). None of the military
records name Hardin as a suspect, nor do any facts agree with his claims.
Circumstantial evidence is that a murder was committed here, but the names and number
of victims is unknown.
In Pisgah, Texas Hardin claimed he shot a man's eye out to
win a bottle of whiskey in a bet.
Hardin said he shot one of the two soldiers killed in 1869
in "Richland Bottom", the
other having been shot by his cousin, Simpson "Simp" Dixson, a member of the Ku Klux Klan (and the Bob
Lee outlaw gang) who hated Union soldiers. Records indicate that a Sgt. J.F. Leonard
of Company B, 6th U.S. Cavalry, was wounded at Livingston, Texas, on May 7,
1869. "Simp" Dixson/Dickson
was killed by US soldiers In February 1870.
Allegedly, Hardin killed a black man in Leon County, Texas.
In January 1870, Hardin claimed he killed a circus hand at
Horn Hill, Texas. A contemporary newspaper account did report a fight in Union
Hill, Texas, between circus "canvasmen"
and "roughs" who tried to
get in without paying, although the outcome did not conclude the way Hardin
claimed it did.
A few days later, Hardin killed a man in Kosse, Texas; there
are no contemporary newspapers to confirm this shooting. Author Charles
Adkins—in his 1970 book Texas, Guns & History—claimed the victim was named
Alan Comstock; however he did not furnish any references to back up his claim.
Hardin claimed that, following his January 1871 escape from
Stakes and Smalley, he killed a Mr. Smith, a Mr. Jones, and a Mr. Davis in Bell
County, Texas. No contemporary newspaper accounts from Bell County confirm
these additional killings.
In February 1871, Hardin claimed that a freedman, named Bob
King, attempted to cut a beef cow out of the herd. When he refused to obey
Hardin's demand to stop, Hardin hit him over the head with his pistol. That
same month, Hardin claimed to have been involved in a shooting incident in
which he wounded three Mexicans in an argument over a Three-card Monte card
game, pistol-whipping one man over the head, shooting one man in the arm, and
shooting the third man in the lung.
Hardin made the claim to have outdrawn "Wild Bill" Hickok. No contemporary newspaper accounts
confirm this, but another report suggests that it was Hickok who made Hardin
put up his guns.
Another claim was that he killed a man in Abilene, Kansas,
in the summer of 1871. No contemporary newspaper accounts with evidence of
such a killing exist, although a 1924 account does report a saloon shooting in
some respects similar to Hardin's version.
As noted above, Hardin claimed to have captured Abilene law
officer Tom Carson and other officers and humiliated them sans clothing.
Although Carson was a law officer, he did not have any interactions with Hardin
Hardin claimed that after killing Green Paramore in October
1871, he forced an African-American posse to flee after killing three of them.
There are no contemporary accounts to confirm this claim.
At an unknown date in May 1872, Hardin claimed those 45
miles outside Corpus Christie, Texas, he was followed by two Mexicans; that he
killed one and the other fled.
Hardin claimed that on June 19, 1872, in Willis, Texas, some
men tried to arrest him for carrying a pistol, "... but they got the contents instead". Hardin was
wounded in a gunfight around this time, but records indicate the fight occurred
with just one other man.
After being wounded by Sublett in August 1872, Hardin
claimed that in September he either killed or drove off one or two members of
the Texas State Police in Trinity, Texas. Hardin gave different versions of
the event at different times. Although during his career he had killed two and
wounded two of the Texas State policemen, these shootings did not occur in
Trinity County.
September 1873, in Brooksville, Hernando County, Florida, a
former slave named Allen May was shot and killed. A Savannah newspaper claimed
the killer was John Wesley Hardin on a cattle drive in central Florida but
offered no proof Hardin was involved.
In May 1874, while in Gainesville, Florida, Hardin confessed
to having knocked down a black man and shooting another during a disturbance
outside the Alachua County jail. A black prisoner named "Eli", was lynched when the jail was burned down by a
mob. Hardin claimed to have been part of the mob. No contemporary newspaper
accounts support this, except one suggesting that the first Alachua County jail
building suffered a ”demise".
Hardin claimed that on July 1, 1874, he drove off 17 Texas
Rangers who had been trailing him, and killed one of them. This alleged
shooting happened after a triple lynching of Hardin's cousin and two ranch
hands during the Sutton–Taylor Feud. He also claimed to have driven off another
group of men after killing one of them. There are no contemporary reports to
confirm these stories. However, on June 1, 1874, a Texas Ranger's company did
kill Hardin's cousins, Alexander Barekman and Alexander Anderson, in a gunfight
and claimed to have wounded Hardin as well. Hardin wrote about his cousins'
killings but does not confirm that he was wounded at all, and claimed to have
heard about their deaths later.
Later, Hardin and Mac Young were supposedly stopped near
Bellville, Texas, by a posse under Sheriff Charles Langhammer of Austin on
suspicion of being horse thieves. Hardin pulled his guns on Langhammer but did
not shoot him, fleeing instead; Young was arrested and fined $100 for having a
concealed pistol.
Hardin claimed to have been involved in the killing of two
Pinkerton agents on the Florida–Georgia border sometime between April and
November 1876, after a gunfight with a "Pinkerton Gang" who had been
tracking him from Jacksonville, Florida. This confrontation is pure fiction,
as the Pinkerton Detective Agency never pursued Hardin. However, in March 1876
it was alleged Hardin, a.k.a. "Swain",
who had wounded W.C. Overbey, who had tried to act as a mediator between Hardin
and another person.
Hardin claimed that in a saloon on election night in
November 1876, he and a companion, Jacksonville policeman Gus Kennedy, were
involved in a gunfight with Mobile policemen in whom one person was wounded and
two killed. He further claims that he and Kennedy were arrested and later
released. This appears to be another case of an exaggerated encounter. Hardin
and Kennedy were simply arrested and driven out of town for cheating at cards.
Again Hardin's version does not fit with contemporary records which tell that
nobody was killed and the only person injured was a Mobile policeman Sgt Ryan
who was shot in the arm.
Hardin claimed to have met two notorious fellow outlaws
during his life: in 1870, he supposedly gambled with Bill Longley. It is
possible they met after both were sentenced for their crimes, Hardin receiving
25 years and Longley execution. Longley, who boasted of having killed as many
men as Hardin, was outraged at the different degrees of sentencing. After being
sentenced in September 1878, Hardin supposedly met Johnny Ringo, a fellow
convict, in an Austin, Texas jail; in fact, Ringo had been acquitted and freed
in May 1878.
At least two other relatives of Hardin were also killers:
James "Gip"
Hardin—his brother—killed Deputy Sheriff John Turman March 28, 1898, for which
he served a jail term.
"Deacon"
Jim Miller (outlaw)—a cousin by marriage—killed Officer Ben C. Collins August
1, 1906 and was later lynched April 16, 1909.
One relation was a law officer killed in the line of duty:
James Burch killed October 10, 1897
Legacy
The memorable circumstances and the sheer number of Hardin's
life events, real or exaggerated, made him a legend of the Old West and an icon
of American folklore. His autobiography was published posthumously in 1925 by
Bandera publisher, historian, and journalist J. Marvin Hunter, who founded both
the Frontier Times magazine and the Frontier Times Museum.
Firearms and effects
Hardin's weapons of choice, and several of his personal
effects, have been well documented and auctioned to private collectors. Court
records show that Hardin carried a Colt "Lightning"
revolver at the time of his death. He also carried an Elgin watch when he was
shot and killed. The revolver and the watch had been presented to Hardin in
appreciation for his legal efforts on behalf of Jim Miller at Miller's trial
for the killing of ex-sheriff George "Bud"
Frazer. The Colt, with a .38-caliber “2+1⁄2"
barrel, is nickel-plated, with blued hammer, trigger, and screws. It
features mother-of-pearl grips, and the back-strap is hand-engraved "J.B.M. TO J.W.H.". This gun
and its holster were once sold at auction for $168,000. Another Colt revolver
(known as a .41-caliber "Thunderer"),
which was owned by Hardin and used by him to rob the Gem Saloon, was sold at
the same auction for $100,000.
In 2002, an auction house in San Francisco, California,
auctioned three lots of John Wesley Hardin's personal effects. One
lot—containing a deck of his playing cards, a deck of his business cards, and a
contemporary newspaper account of his death—sold for $15,250. The bullet that
killed Hardin sold for $80,000.
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