Legends of the Old West - OUTLAWS Ep. 4 | John Wesley Hardin: “The End In El Paso”

Episode Date: February 16, 2022

The Texas Rangers arrest John Wesley Hardin and drag him back to Texas to stand trial for murder. Hardin goes to prison, suffers family tragedies during his sentence, and prepares for a new career as ...a lawyer. After his release, he moves to El Paso and becomes entangled with some shady characters, and the entanglement leads to the end of John Wesley Hardin. Join Black Barrel+ for ad-free episodes and bingeable seasons: blackbarrel.supportingcast.fm/join To advertise on this podcast, please email sales@advertisecast.com For more details, visit our website www.blackbarrelmedia.com and check out our social media pages. We’re @OldWestPodcast on Facebook, Instagram and Twitter. This show is part of the Airwave Media podcast network. Please visit AirwaveMedia.com to check out other great podcasts like Ben Franklin’s World, Once Upon A Crime, and many more. Learn more about your ad choices. Visit megaphone.fm/adchoices

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Starting point is 00:00:43 Ou allez sur rakuten.ca pour en avoir plus pour votre argent. C'est R-A-K-U-T-E-N. The two Texas Rangers made an unlikely pair. One was the classic vision of a Ranger. He was Lieutenant John Armstrong, and he was described as an old-school Texas lawman. His partner for this assignment was Special Ranger Jack Duncan. Duncan was a veteran detective, but from Chicago. They would have to make it work as teammates because they'd been handed the mission that half the lawmen in Texas wanted. They were going to find and arrest John Wesley Harden. Harden had spent nearly a decade avoiding capture, but after he helped murder Deputy Sheriff Charles Webb, there was no place left to hide in his home state.
Starting point is 00:01:45 He and his wife and daughter fled to New Orleans and then across the Gulf of Mexico to Florida. They'd settled in Gainesville, and then Jacksonville, and then finally the tiny town of Pollard, Alabama, on the border between Florida and Alabama. They ended up in Pollard because two private detectives nearly caught Harden in Jacksonville. The detectives were never heard from again, and it's presumed they were killed by Harden. The greater Harden family had relatives in Pollard, so Harden placed his wife Jane, their daughter Molly, and their new son John Wesley Jr. in the care of the relatives. He traveled 60 miles south to the area around Pensacola, Florida Wesley Jr., in the care of the relatives. He traveled 60 miles south to the area
Starting point is 00:02:26 around Pensacola, Florida, and worked in the lumber business. And despite his travels and the use of the name Swain instead of Hardin, the Texas Rangers still learned his rough location. In mid-August 1877, Texas Governor R.B. Hubbard signed an extradition order, and Lieutenant Armstrong and Detective Duncan boarded a train in Austin. They arrived in Alabama on August 20th and split up. Armstrong went to Montgomery to pick up the arrest warrant for Hardin, alias Swain. Duncan went to Pollard and used his skills as a detective to begin the hunt for Hardin. It took no time at all to learn the whereabouts and routines of the most wanted man in Texas. As a podcast network, our first priority has always been audio and the stories we're able to share with you.
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Starting point is 00:04:10 shows without taking up too much time from all the other work we do to bring you even more great content. And it's not just us. Shopify powers 10% of all e-commerce in the U.S. Shopify is also the global force behind Allbirds, Rothy's, and Brooklinen, and millions of other entrepreneurs Thank you. All lowercase. Go to Shopify.com slash R-E-A-L-M now to grow your business, no matter what stage you're in. Shopify.com slash Realm. From Black Barrel Media, this is Legends of the Old West. I'm your host, Chris Wimmer. In this season, we're telling the stories of two outlaws, John Wesley Hardin and Henry Plummer. This is Episode 4, John Wesley Hardin, The End in El Paso.
Starting point is 00:05:27 Hardin had been running from the law since the age of 15 when he murdered a former slave. He'd narrowly avoided capture several times and had escaped at least twice after being arrested. Now, at age 24, with a wife and two children, he was truly on the run, but he was still a free man. His wife and kids stayed with relatives in Pollard, Alabama, while he worked in the lumber business in a town called Millview near Pensacola. Millview was only 60 miles south of Pollard. It was a quick train ride from Pensacola to Pollard, and Hardin made frequent trips home to see his family. In the spring of 1877, around the same time he went to work in Millview, Hardin received word that his father, the Reverend James Hardin, had died. John Wesley was devastated, but he was helpless to do anything for his family back in Texas. Lawmen of every type of badge were
Starting point is 00:06:20 scouring the state to find him. Angry mobs had ropes at the ready and were eager for a hanging party. No, Hardin was stuck in Florida, but he was about to receive a lesson that exemplified the expression, the long arm of the law. The Texas Rangers had intercepted mail between Hardin and various family members. Between the communications and the tips that came in from people who hoped to earn reward money, the Rangers finally confirmed that Hardin was living in Florida. They also learned that his family was living in Pollard, and that Hardin and his wife Jane had welcomed a third child to the family, a daughter named Jenny. On August 20, 1877, Texas Ranger John
Starting point is 00:07:08 Armstrong and Special Ranger Jack Duncan arrived in Alabama. Armstrong retrieved an arrest warrant from the state capitol in Montgomery, and Duncan put his detective skills to work in Pollard. Duncan met someone whom he believed to be an acquaintance of Hardin. Duncan tricked the person into telling him that Hardin was living near Pensacola, Florida. Armstrong met Duncan in Pollard with the arrest warrant, and they arranged a special train to take them to Pensacola on August 23rd. When they arrived, they quickly learned that Hardin was planning to be there that day to buy groceries and other supplies for Jane and the children. He planned to return to Pollard that evening, so the rangers had to work fast.
Starting point is 00:07:53 Armstrong and Duncan partnered with the sheriff of Escambia County and his deputy, and they deputized 20 more men to help with the effort. They wanted to capture Harden when he boarded the train at Pensacola Station. Just as expected, Harden and three friends boarded the train in the afternoon and took seats in the sleeping car. The lawmen boarded the same car. They walked in from opposite ends, and Harden recognized the local county sheriff and his deputy. Harden joked with them about gambling, as he had done in the past. But the sheriff's mood quickly turned serious. He told Harden that he was under arrest. And at that point, all hell broke loose. The lawmen and Harden's friends pulled
Starting point is 00:08:38 their guns. Bullets tore through the train car. One of Harden's friends died in the crossfire. bullets tore through the train car. One of Harden's friends died in the crossfire. Harden tried to pull his pistol, but it got tangled in his suspenders. The sheriff pistol-whipped Harden and knocked him out. Lieutenant Armstrong ordered the engineer to fire up the engine and make haste for Pollard because he didn't have an arrest warrant or an extradition order that was valid in Florida. They needed to get Hardin to Alabama as soon as possible to make sure the arrest was legal. The train lurched into motion and made the short trip to Pollard. Hardin probably slept most of the way. The county sheriff later said he hit Hardin with such force he was afraid he'd killed him.
Starting point is 00:09:22 But Hardin survived, and the brute force did the trick. John Wesley Harden had finally been captured, and it looked like he wouldn't be able to get out of this one. In his autobiography, Harden wrote about the moment. That was one time I wanted to die but could not. I remembered how my own brother and relatives had been led out of the courthouse in Comanche, bareheaded and barefooted, and hung by a mob. I felt as if a similar fate awaited me, so I wanted to die now, but could not. A similar fate did await him many years in the future,
Starting point is 00:10:03 but first he had to pay the price for a killing spree that lasted nearly 10 years. Newspapers all over Texas trumpeted Hardin's arrest. Many referred to him as a notorious desperado. Hardin went to jail in Montgomery, Alabama to await transport to Texas. The extradition experienced delays because of paperwork problems, but after a series of courtroom hearings and the arrival of new paperwork from Texas, Hardin was cleared for travel and loaded onto a train for Austin. All this time, Hardin had refused to acknowledge his true identity, but by the time the train reached Decatur, Alabama, Harden gave up. When Lawman and the prisoner checked into a hotel, Harden signed the guest register with his full name, John Wesley Harden. In a letter to Jane written from Decatur, Harden told her of a moment when he was very nearly able to escape.
Starting point is 00:11:05 He convinced Armstrong to take his handcuffs off after they checked into the hotel room. Armstrong agreed and after doing so, turned his back to Harden for a split second. Harden had the opportunity to grab Armstrong's pistol out of his holster, but Duncan shouted for Armstrong to watch out. Harden said he laughed at the notion of grabbing the gun and killing both Rangers, but he admitted later that that was exactly what he was planning to do. Years later, Special Ranger Jack Duncan wrote about the trip from Decatur to Memphis, Tennessee, where they would switch trains on the way to Austin. Harden kicked and cursed and swore and didn't ever give up to us until we got to Memphis with him. We had to carry him into the smoker on the road home
Starting point is 00:11:52 because hardly nobody would stay in the car. He was so abusive with his language. The trains did not run as fast as they do now, so we were several days on the road. We would have to get off the train to get meals, and sometimes Harden would get the sulks and would not come back, so we would have to carry him on board. On August 26th, a crowd gathered at the Memphis train depot waiting for the arrival of the train now known to be carrying John Wesley Harden. The celebrity contingent missed its connection
Starting point is 00:12:24 and had to put Harden in jail until they could catch a train the next day. While in jail, Harden was somehow able to acquire a pocket knife, and he smuggled it on board the train the next day by hiding it in his coat sleeve. Duncan spotted the knife the next morning once the trade started rolling and grabbed it and then threw it out the window. Harden allegedly broke down in tears. He was desperately afraid of lynch mobs, but his captors assured him he would be safe in their custody.
Starting point is 00:12:56 And by that point, the train trip had become a traveling circus. As word spread that John Wesley Harden had been captured, each train depot on the line became a gathering spot. People crowded the tracks to catch a glimpse of the notorious outlaw. It was the same treatment that the Younger Brothers received in Minnesota 11 months earlier after the failed Northfield raid. On Harden's train, Rangers Duncan and Armstrong paid special attention to new passengers
Starting point is 00:13:27 to make sure they weren't part of a mob or part of a rescue effort. On August 28, 1877, the train finally arrived in Austin. A massive crowd waited at the depot. There were so many people that Hardin, who was handcuffed, chained, and shackled, had to be lifted over the mob and carried to the jail. Authorities were concerned about two types of mobs, a mob of Hardin haters who wanted to kill him, and a mob of Hardin supporters who wanted to rescue him. From now on, he would be under a heavy guard of Texas Rangers. under a heavy guard of Texas Rangers.
Starting point is 00:14:11 Newspapers all over Texas reported Harden's capture and the day-to-day happenings leading up to his trial. Harden granted interviews to a few reporters where he claimed he was innocent of the murder of Deputy Sheriff Charles Webb, but he was apparently unaware that there was now a backlog of murder indictments against him. Even if a jury found him not guilty of Webb's murder, he would face another trial for another killing. Hardin was nowhere close to being a free man anytime soon, if ever. On September 19, 1877, Sheriff Wilson of Comanche County, the county where Charles Webb was murdered, arrived in Austin to escort Hardin back to Comanche for trial. A crowd of up to 2,000 people gathered outside the Travis County Jail to catch a glimpse of the most famous outlaw in Texas.
Starting point is 00:15:00 Hardin was loaded into the back of a wagon in handcuffs and ankle shackles and then seated and chained to a chair. A contingent of 20 Texas Rangers rode along with Sheriff Wilson to ensure the prisoner arrived safely in Comanche, roughly 160 miles away. Along the way, hundreds of people lined the roads to gawk at Harden. They flocked to the campsites that the Rangers set up each night on the way, hundreds of people lined the roads to gawk at Hardin. They flocked to the campsites that the rangers set up each night on the way to Comanche. In town, authorities were getting nervous. A district judge approved the formation of a local militia to ensure Hardin's previous threat to murder their state senator and burn down the town was not carried out after he arrived. On Monday, September 24th, Hardin was led into the Comanche County Courthouse.
Starting point is 00:15:54 He was dressed in a dark suit and a white high-collared shirt, and still handcuffed and shackled. He was clean-shaven except for a small mustache. After the prosecuting attorney found an error in the indictment and didn't want to risk Harden getting off on a technicality, they adjourned, corrected the error, and reconvened on Friday, September 28th. A jury selected from a pool of 60 men was seated, and a witness list was provided to the court. All the pieces were in place for Harden to finally stay in trial, and it only took two days. Harden pled not guilty to the murder of Deputy Sheriff Webb. Throughout Friday and Saturday, witnesses testified for and against Harden.
Starting point is 00:16:36 Witnesses testified that Harden, his friend Jim Taylor, and his cousin Bud Dixon conspired and plotted to kill Webb. When Webb realized the danger, he drew his pistol in self-defense. Then Harden shot Webb in the face, and Taylor and Dixon finished him off. A spectator at the trial said Harden sat with an indifferent, fearless countenance, and stared intently at witness after witness who offered damning evidence of his guilt. The jury took just an hour and a half to come back with a verdict. Harden was found guilty of murder in the second degree. The jury recommended Harden serve 25 years of hard labor in the prison at Huntsville.
Starting point is 00:17:20 Harden is said to have cried when the verdict was read, but in a later interview declared that his trial was as fair as he could expect it to be. Harden claimed that he did nothing to contest the charges against him in court for fear he would provoke a lynch mob, and he wasn't confident the Rangers would be able to protect him. Harden's lawyer immediately filed a motion for a new trial, which was denied, and he pledged to
Starting point is 00:17:46 file an appeal. In the meantime, Harden would have to return to jail in Austin to wait for a judge to hear his appeal. Things were looking pretty bleak for Harden. He was now 25 years old and facing his next 25 years in prison, if he lived long enough to serve his sentence. It was a long road to Austin, and his greatest fear was tracking him. A mob formed in Comanche and followed the prisoner and his escort of Texas Rangers for a full day with one goal in mind, to hang John Wesley Harden. Fortunately for Harden, by the second day, the mob realized the Rangers were not going to allow that to happen, so they returned to Comanche. Harden made it to Austin without a scratch and settled in to wait for the appeals process to run its course. While he waited,
Starting point is 00:18:39 he was indicted for the murder of J.B. Morgan, the man in Cuero who demanded that Harden buy him a bottle of champagne and then ended up dead. But Harden got lucky when the prosecuting attorney opted to charge him with manslaughter instead of murder. Harden received a two-year sentence, but it would be served at the same time as his 25-year sentence, so it didn't add any extra time to his incarceration. 25-year sentence, so it didn't add any extra time to his incarceration. Hardin still held out hope that he wouldn't receive any time at all. He learned that his appeal would be heard the following spring in May 1878. The appellate court heard his case, took about two weeks to render its decision, and then denied his appeal. John Wesley Hardin was going to prison. In September of 1878, a year after he'd been found guilty,
Starting point is 00:19:37 Hardin returned to Comanche for official sentencing. The judge agreed with the jury's recommendation and remanded Hardin to the state prison in Huntsville, Texas for 25 years of hard labor. Hardin was now inmate number 7109, but he had no intention of rotting away in prison. Within days of his arrival, he began planning his escape. And on November 1st, he and nine other inmates started digging a tunnel that would lead to the prison armory where about 40 rifles were stored. They hoped to tunnel up through the floorboards of the armory, grab the guns, and take over the prison.
Starting point is 00:20:16 Nineteen days later, they had successfully tunneled to a spot under the armory and were preparing to break through the floor when a fellow inmate turned them in. Harden and the others received 39 lashes and stints in solitary confinement. Harden spent 15 days in a darkened cell, chained to an iron ball, with only bread and water to survive. But he still wasn't chastened. But he still wasn't chastened. The following year, Harden attempted another escape and was again turned in by a fellow inmate. He received another 39 lashes and was sent back to solitary.
Starting point is 00:21:03 He tried to escape at least two more times and was turned in each time and received the same punishment each time. Eventually, Harden conformed to the realities of prison life. Although escape was always on his mind, he worked in the prison woodshop and later in the boot shop. He also began to educate himself. He worked on his math and grammar and became especially interested in the law, and at some point it's believed Harden began preliminary work on his infamous autobiography. By his fifth year in prison, Harden had adjusted as best he could, and he bragged to Jane that he had not been punished for the past year, though that was due more to a long illness than a stretch of good behavior.
Starting point is 00:21:43 But prison life was still hard, and it became harder when John Wesley's mother, Mary Elizabeth, died in 1885 at the age of 58. The years continued to pass with a series of ups and downs. One of the bright spots was when his children, now aged 12, 10, and 8, began to write letters to him. But it wasn't long before tragedy struck again. In 1892, when Hardin was about halfway through his 25-year sentence, his wife Jane died after a long illness. She was just 36 years old. Hardin was devastated.
Starting point is 00:22:21 Some very dark weeks and months followed as Hardin grieved the loss of Jane, but he finally got some good news in 1893. Friends and allies all over Texas, including prison authorities, began to petition Governor James Hogg to pardon him. They believed Hardin had been reformed and had sufficiently paid his debt to society. The first application, filed in February of 1893, was rejected. But the following year, a second petition reached the governor's desk, and he signed it. So, on February 17, 1894, 40-year-old John Wesley Hardin walked out of Huntsville State Prison
Starting point is 00:23:04 after serving 15 years and five months of his 25-year sentence. With $5 in his pocket, Harden made his way back to Gonzales to be with his children. Without his wife Jane there to greet him, it was a bittersweet reunion. But against all odds, Harden had been given a chance to make a fresh start, and he planned to embrace it. The following year, Harden, a convicted murderer and once the most feared outlaw in Texas, passed the bar exam and became a lawyer. In 1895, after receiving his law license, Harden left Gonzalez and moved to El Paso to open a law practice. It looked like Harden really had turned his life around and become a new man, but looks can be deceiving.
Starting point is 00:23:53 When an El Paso police officer recalled the first time he laid eyes on Harden, the officer said Harden's dark side was evident. The officer said, said Harden's dark side was evident. The officer said, at a short distance, he gave the impression that he was smiling, but at close range, his face showed hardness, and a look into his eyes told you that Wes Harden was a bad man to fool with. El Paso Police Chief Jeff Milton agreed. He saw Harden confront a man who'd fooled with him. Milton said, Harden is the quickest man I ever saw in my life with a gun. Chief Milton was sure that Harden was eventually going to be a problem.
Starting point is 00:24:35 He said, We are booked for trouble with Harden. Sooner or later, somebody is going to have to kill him. He is dangerous beyond anything I realized. The trouble that Chief Milton feared began when Hardin took on a client named Martin. Martin was a Polish immigrant with a last name that I'm not even going to try to pronounce, and he had been indicted by a grand jury in New Mexico for livestock rustling and receiving stolen goods, amongst other charges. But Martin was no two-bit cattle rustler. He had turned livestock rustling into a profitable business, which included a butchering operation. To avoid arrest, Martin went to Old Mexico, where New Mexico lawmen had no jurisdiction.
Starting point is 00:25:24 Martin went to Old Mexico, where New Mexico lawmen had no jurisdiction. But thanks to the cooperation of Mexican authorities, Martin and his wife were arrested on a train en route to Mexico City. Hardin happened to be across the Rio Grande in Juarez at the time, and he was hired by Martin, but they got off to a rocky start. After Martin was released from jail in Juarez, and while he awaited extradition to New Mexico, he accused Harden, Chief Milton, and a New Mexico county sheriff of trying to extort $1,000 from him. But it wasn't Harden's interest in Martin's money that led to the trouble. It was Harden's interest in Martin's wife.
Starting point is 00:26:02 It was Hardin's interest in Martin's wife. Martin's wife Beulah was an attractive, buxom, hard-drinking, gun-loving, former prostitute who also loved to gamble. Beulah was known for her hot temper and her colorful vocabulary. She and Hardin were made for each other, and they quickly began an affair. One day, Beulah was arrested on the street for being drunk and disorderly and for carrying a firearm. The arresting officer was a young man named John Selman Jr. When Hardin heard of the arrest, he was enraged and confronted Selman Jr. They argued, but separated before any real damage could be done. Later that day, Selman Jr.'s father, John Selman Sr., found hardened.
Starting point is 00:26:54 John Selman Sr. was a notorious character. He'd been a Confederate soldier, then a lawman, then the leader of a gang of rustlers during the Lincoln County War in New Mexico, then a fugitive in Mexico, and now, finally, he was a constable in El Paso. He was not one to back down or to shy away from a fight. According to witnesses, a drunken Harden and Selman Sr. nearly came to blows when Harden threatened to kill both Selmans. Harden then declared that he would take on
Starting point is 00:27:24 the entire El Paso Police Department, and Selman Sr. decided to act. That night, August 19, 1895, Harden was in the Acme Saloon rolling dice with a local grocer named Henry Brown. After his roll, Harden picked up the dice, handed them to Brown, and said, you have two sixes to beat. Those were the last words of 42-year-old John Wesley Harden. A moment later, John Selman Sr. walked up behind Harden with his Colt.45 and shot Harden in the back of the head. Selman then fired several more shots to make sure he'd done the job thoroughly. Selman then fired several more shots to make sure he'd done the job thoroughly.
Starting point is 00:28:10 At about 11 o'clock that night, John Wesley Harden died on the floor of the Acme Saloon. Two months later, Selman was charged with Harden's murder. When the case went to trial in February 1896, the jury was deadlocked and couldn't deliver a verdict. Selman was free to go. But two months after that, eight months after he killed Harden, John Selman Sr. was shot and killed by a U.S. Marshal after the two men got into a fight during a card game. The man who killed John Wesley Harden died almost the same way. Harden admitted to killing more than 25 men. The real number could
Starting point is 00:28:48 be less, but it could also be more. Some estimates put it higher than 40. By even the most conservative count, Hardin was one of the deadliest men in American history. There will never be a truly accurate account of Hardin's life. He didn't spend significant time in big cities or big towns where newspapers could easily track his exploits. And obviously, that was for good reason. He was wanted for murder by the time he was 15. He wasn't followed by reporters or biographers, and his autobiography is an infamous combination of truth, embellishment, hubris, and outright fabrication. Hardin famously said he never killed anybody who didn't need killing. In the end, he was counted as one of that number.
Starting point is 00:29:36 John Wesley Hardin is buried in Concordia Cemetery in El Paso, Texas. in El Paso, Texas. Next time on Legends of the Old West, we'll begin the mysterious and complicated story of Henry Plummer. This one has been requested several times. Plummer was a Montana lawman and a Montana outlaw, and he may have been both at the same time. We'll wade into the controversial life of Henry Plummer
Starting point is 00:30:05 next week on Legends of the Old West. And members of our Black Barrel Plus program don't have to wait week to week for new episodes. They receive the entire season to binge all at once with no commercials. Sign up now through the link in the show notes or on our website, blackbarrelmedia.com. Memberships begin at just $5 per month. This series was researched and written by Michael Byrne. Original music by Rob Valliere. I'm your host and producer, Chris Wimmer. If you enjoyed the show, please leave us a rating
Starting point is 00:30:43 and a review on Apple Podcasts or wherever you're listening. Check out our website, blackbarrelmedia.com for more details and join us on social media. We're at Old West Podcast on Facebook, Instagram, and Twitter. This show is part of the Airwave Media Podcast Network. Please visit airwavemedia.com to check Thanks for listening.

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