D. J.‏ ‎ Cook

“ Then he crept, panther-like, to where the unconscious man lay, and sent a rifle bullet crashing through his brain. Fearing, perhaps, that the wound was not of a deadly nature, or because, possibly, the victim in his dying struggles would alarm some one, the fiend grasped an axe and pounded McCain’s head into a mass of broken bone and oozing brain. The closeness of the gun when the shot was fired was such that the bullet passed entirely through McCain’s head and the bottom of the wagon, to still retain enough momentum to flatten itself on a stone. ”

“ Having procured their warrant, the two men drove out to O’Neal’s ranch, where they arrived late in the afternoon of the same day. They introduced themselves to the unsuspecting man as officers and told him their mission, but were, withal, so pleasant as not to create any suspicion that his arrest was merely a trap to secure the poor fellow for execution. He never dreamed what character of man he had to deal with in Griswold, and that hell-hound had coolly made up his mind to take his life, although he believed him not guilty, for a pitiful sum of money. ”

“ Cook and his officers have, since the time when he first settled in Colorado, traversed almost the entire barren plains and Rocky mountains from Northern Dakota to Southwestern Texas, climbing precipices, stage-coaching, horseback riding and walking; sleeping out for several nights in succession, subsisting for days on the scantiest supply of food, and often going from sixty to seventy-two hours without sleep; facing the worst of storms, and, indeed, enduring all the privations of frontier life, where there are few people, fewer accommodations and much that is trying upon mind and body. ”

“ Cook started to Pueblo with his prisoner, who was greatly frightened at the idea of going back to face the wrath of those whose confidence he had so grossly abused.
“They’ll hang me; they’ll hang me. I know they will.” Thus he pleaded.
“Well,” replied Cook, “you’ll doubtless deserve it. Didn’t I tell you if you didn’t get out of this country, and keep out, I would overtake you? Haven’t I been as good as my word? There is nothing left for you but to go back and stand trial. I’ll protect you while you are in my keeping. ”

“ The revelation of the crime, the obscurity of the victims, the length of time elapsing between the perpetration and the discovery, the mystery enveloping the deed with an apparently impregnable mantle, and the swift following detection and apprehension of the perpetrators, all combine to form the basis for one of the most interesting narratives ever found in criminal or detective literature. ”

“ But Chief Cook had learned more of the movements of the fugitives, even while remaining at home, than his officers who were on the ground knew. He had ascertained, in that mysterious way which has ever made his name a terror to evil-doers, that the men had turned their faces towards the rising sun and were making their way across the plains towards “the states.” Even while his officers were still out, he had laid plans to entrap the murderers and to secure their arrest by sending dispatches to all points on the plains where there was any chance of their stopping. ”

“ As good a detective as the best of his aides, he is a better commander and organizer than any of them. He is versatile and quick to see a point, and just as quick in adapting himself to circumstances. He knows when to smile, when to frown. He can drive steers, play faro or become a lawyer when circumstances demand. ”

“ Kelly stepped into the buggy, and the officers drove off, covering the mob with their pistols until well out of their range, leaving them gnashing their teeth and swearing, but in vain.
A fine prospect the officers had before them—very fine, indeed! A wounded man to take care of, and how badly wounded they did not know; a howling mob, headed by the brother of the prisoner, to follow them, and forty miles to the nearest railroad station, through a wild country, to them comparatively unknown. ”

“ The long and hard chase seemed about to be finished, as it was almost certain that Cook, being a dead shot, would either kill or seriously wound both of his men. His bead is perfect. The finger goes to the trigger; there is a quick, nervous pull—down goes the hammer and—“clack” goes the gun. It is a misfire, and the two men ride triumphantly on into the plains.
The real chase is only begun, for over the plains fly the swift steeds, pursuers and pursued. There are few parallel cases on record. For a distance of thirteen miles across the open country the two detectives chased the two criminals. ”

“ A hundred times in his life Dave Cook has been placed in positions where another man, under the same circumstances, less shrewd or less courageous, would have been shot dead in his tracks or eternally disgraced. But he was ever the right man in the right place as a detective, and it is owing to this fact that he has passed thirty-five years of detective and official life on the frontier without being killed. He possesses the essential qualities of mind and body necessary to become a successful detective in a degree rarely equaled in one man. ”

“ Possessing some education, with an unbending will, a heart devoid of pity, a conscience knowing no regret and with those glittering eyes, transfixing the one who had dared to displease him, he was just what his ambition desired—the chief of a desperate band of banditti, whose pastimes were the cutting of throats and whose revels were in scenes of blood. ”

“ The horrible nature of the crime of murder seems to have never entered their minds. The only point which presented itself was the feasibility of their scheme. They were not anxious to kill, but they wanted Wall’s property, and after discussing various other plans for getting Wall out of the way, decided, as dead men tell no tales, to murder him in cold blood and take the sheep and whatever valuables might be found. ”

“ It was the 3d of December when Witherill was taken to Cañon, and the next morning news was received in Denver that he had been lynched to a telephone pole on Main street, within a stone’s throw of the penitentiary where he had spent fifteen years of his life.
The night of the tragedy was cold, dark and still. It was not until 6 o’clock that the information of Witherill’s arrival was obtained, and the fact was not assured until about midnight. All night the streets were alive with men, and the prospect of a lynching was the only subject of discussion. ”

“ Day was fading to chill and cheerless night when the train drew up at the platform. A wild rush ensued, but the police kept a passageway open, and the prisoners were soon landed in an omnibus that had been secured for the purpose, officers mounted the top and with Gen. Cook and his assistant detectives inside and an officer on the step, the omnibus started for the jail. Scarcely had the wheels revolved, ere the crowd by one great common impulse made a rush for the vehicle with cries of “a rope!” “a rope!” “hang them!” ”

“ All were crying for the apprehension of the criminals—the state, the county, the city, the people. But no one offered a reward. Calling his associates together, Gen. Cook spoke briefly to the point, without any flourish of rhetoric or waste of words. “Boys,” he said, “you know there has been a great crime committed here. The murderers are hardly known; of their whereabouts we are utterly ignorant. They must be brought to justice, and that is our work. There is no reward offered, but at this time we will not wait to ask for pay. ”

“ Sheriff of the capital county for years, he became the best known and most prominent official in the state by reason of his able administration of his duties, his wonderful detective achievements, and the fact that his arrests were made in every quarter. For the past ten or fifteen years criminals have felt that if Dave Cook was on their trail their escape was hopeless and their fears have proven well founded.
“As an executive officer, Gen. Cook possesses the highest ability. His iron will, level head and perfect coolness mark him as the one man for chief in this emergency. ”

“ Supper being over, dark was coming on, and the three men prepared for their ride, the terminus of which it was supposed would be for all in Denver. Griswold and Patrick had ridden out in a two-seated buggy, but they requested O’Neal to take a seat between them, and all three started off in quite a jovial mood. This joviality was soon increased, for the vehicle was well loaded down with whiskey and cigars, and the three men were soon laughing and joking and drinking with each other like old-time friends. ”

“ The terrible details of the McCain murder were discussed, and the spectacle of the grief-stricken wife weeping over her husband’s mangled remains was called to mind as demanding sure and speedy vengeance. Little knots of men assembled on street corners and in doorways recounting the infallible evidences of Witherill’s guilt, each man sitting in judgment upon the ex-convict. ”

“ The stages were stopped by these knights of the road, who soon became known as “road agents,” at places convenient to the hiding places of the highwaymen, who, safe behind protecting trees or bluffs, commanded a halt and compelled driver and passengers to hold up their hands while they should “go through” the coach and the people on board, one or two of the agents performing the search while others held their cocked guns loaded upon the terrified travelers, who were, as a rule, only too willing to escape with their lives and let their valuables go to enrich the stores of the brigands. ”

“ He was a man of daring, inured to danger, calm at the most critical times—a commander whose orders must be obeyed, who planned with wisdom and who executed with precision and dispatch. He was the leader of an organized band of horse thieves, highwaymen and murderers, who infested the western plains, with Denver as general headquarters, during the years 1867-’68. They made the railroad towns a convenience in disposing of their booty, but did not spend time in loafing about these places when there was other and more profitable business to attend to in other places. ”

“ Cook has ever made it a point to see that no prisoner should be taken from his hands by a mob, and none has ever been. He knew that he would be expected to get in at a certain time, and thought it more than probable that a mob would be organized by that time, for the purpose of taking Duggan from the officers and hanging him. To avert this fate Cook had caused the stage driver to double his speed and to come into Denver twelve hours ahead of time. ”

“ Newton was a woman of nerve, and she replied that whether she lived or not she wanted the murderer of her brother brought to justice.
Sending for Gen. Cook, who was then sheriff of Arapahoe county, she told him the story of the shooting so far as she was able. She lay on a bed in her room as she related the circumstances. Her face was as white as death from loss of blood, and her voice sank to a mere whisper as she attempted to make [Pg 256] the patient officer understand sufficiently well to pursue the murderer with some certainty of capturing him. ”

“ The detective of the Rocky mountains, and of the plains which stretch out to the great rivers in the middle of the continent, must be a man possessed not alone of a keen capacity for hunting down criminals, but must have the courage to face such criminal when taken, and to risk his life in hand-to-hand combat when his man is come upon. ”

“ Cook in the Britt and Hilligoss or Clodfelter and Johnson story, would be sufficient to use up an ordinary individual, and many would be entirely unable to endure it. Yet Gen. Cook has put in thirty-five years in just such service, ever mindful of the public welfare [Pg 442] and forgetful of his own comfort and quiet; ever anxious to bring the guilty to punishment and to free the country of the human vultures who prey upon it, regardless of his own private well-being, and in many cases without hope of reward or appreciation. ”

“ He took a change of venue from Denver to Evans, Weld county, and there, after the case was thoroughly tried, he was remanded to jail in Denver for a new trial. Eleven of the jurymen favored hanging, and the twelfth was for bringing in a verdict of manslaughter and sending him to the penitentiary for life. No one doubted the man’s guilt. The splendid chain of evidence which Gen. Cook had prepared left no room for doubt on that score. But the twelfth man was not a believer in hanging and held out to the last, causing the jury to go before the court with a disagreement report. ”

“ Franklin does not sell out for a song.” At this he made a lunge for a cocked revolver which Cook had laid on a table near by. But the keen-eyed officers were too quick for him. They had detected the purpose of the move and were ready. They did not propose to stand up to allow another professional murderer and desperado to shoot at them. They were not betting blood on even terms with outlaws. Cook caught his pistol with his left hand, and even while Franklin was fighting his way to it like a mad man, sent a ball whizzing through his very heart. ”

“ John Irvine’s ranch. There they hired a wagon and team for $20, and with that went into Pueblo, where they arrived at 3 o’clock on Thursday morning. As may be imagined, they were pretty well used up. They had put in about as hard a night as ever falls to the lot of mortals, walking at times, as they had to do, through slush and snow; riding on rough wagons, working the lever of the hand-car, and all the time going through the dark and facing the wind and sleet. Besides this, they had been compelled to bulldoze everybody, ranchmen and railroad men. ”

“ Thus ended the terrible series of tragedies which began with the shooting of Miles Hill at Golden on the night of the 22d of November. That the killings were justified no man who has ever lived on the frontier at such times as those were will deny. In all these affairs Gen. Cook and his officers were more or less concerned, but at all times doing all in their power both to bring offenders against the law to justice, and then to see that the laws were not violated when they were once secured. ”