The Pistoleer (42 page)

The law of the time wouldn’t permit a murder defendant to take the stand on his own behalf, and most of the witnesses who could have testified for Hardin were either dead or on the dodge from the law themselves—or had been run out of Comanche County by the vigilantes. There really wasn’t much Hardin’s lawyers could do to defend him. The only thing he had going for him was the state’s own poor skill at prosecuting him. Because Hardin wasn’t the only one to shoot Charles Webb, the prosecution set out to prove a conspiracy to murder. They claimed that Hardin and Jim Taylor and others decided to murder Webb because he intended to serve state warrants on them. But the prosecution’s own witnesses had to admit that Webb had been the first to shoot—and even though the state claimed he’d done so only when it became obvious that Hardin and his friends were about to gun him down, their argument sounded thin to me.

He was convicted of second-degree murder and sentenced to twenty-five years with hard labor in the state penitentiary at Huntsville. The judge denied his lawyers’ motion for a new trial, and they immediately filed an appeal with the state Court of Criminal Appeals. He was ordered back to jail in Austin until the appeals court ruled on his case.

We took him back the same way we’d brought him—chained down in the wagon and guarded by all of Company 35. A gang of hard cases trailed us out of Comanche at a distance. The first time we set up camp for the night, some of those jackasses hid out in the trees and kept hollering stuff like “We got you a new necktie right here, Wes!” and “You’re gonna get what your brother got, Hardin you son of a bitch!” Hardin had forty pounds of iron hanging all over him and looked as spooked as you’d expect any man to under such circumstances. Every time Reynolds sent men out to try and catch the night-callers, they’d shut up and move to another part of the woods. Then as soon as our boys got back to camp they’d start up again. Reynolds finally ordered us to fire a few carbine rounds into the trees in the direction the voices came from, but even that didn’t quiet them down for long. It wasn’t only Hardin whose nerves got put on edge that night. The next day they followed us till about noon before finally turning back.

D
uring his first few weeks in the Austin jail he somehow managed to shape a couple of pieces of tin into keys—one for his cell and one to the lock on the runaround, the big barred cage around the cells. Somebody—we always suspected Manning Clements—had slipped him a six-inch piece of hacksaw blade, and every night, after letting himself out of the runaround, he’d go to work cutting on the bars of the jail’s back window. The other prisoners knew what he was doing, of course, since you can’t keep such a thing a secret in a jail, and one of them sold him out to the jailers for an extra ration of supper. When we examined the bars of the back window, we saw that two of them were nearly cut through. Another night of hard sawing with the little bitty blade—we found it hid in his mattress lining—and he’d of been out. After that, we kept a guard posted at the runaround door day and night, and another posted directly under the back window. “I don’t hardly blame you for trying to escape, Wes,” Reynolds told him, “but if you’d got out that window, the jail-yard guards would of shot you down like a dog in the street.” Hardin answered, “That’d be better than dying like a rat in a cage.” He had a point, you ask me.

I
was on guard in the visiting room one time when his wife and children came to visit. His face was bright as a harvest moon, he was so happy to see them. But she looked tired. There were lines in her cheeks and dark circles under her eyes, like she hadn’t slept good in a long time. The children were respectful but standoffish. Hardin tried hard to sound encouraging. He told her to be brave and strong and so forth. She mostly whispered, and it was hard to tell from her face what she might of been saying. I did hear her say, “Of course not—there’s nothing to give up
to
!” Said it sharp, and for a second he looked at her like she’d cussed him. When they left, he stared at the door like he was looking at something long ago and far away. I know for a fact he wrote her just about every day he was waiting to hear from the appeals court. I guess she probably had a lot of good reasons for not writing him back near as often.

I
never did understand the workings of the appeals court—why it could be so fast to rule in some cases and took so damn long in others. Like the difference between the time it took them to decide Hardin’s case and how fast they decided Brown Bowen’s.

Hardin had been in jail for months already when his brother-in-law was finally extradited from Alabama on a warrant for murder in Texas. He was put in a cell not too far from Hardin’s, and it was real clear there was no love lost between them. Whenever they saw each other in the runaround, Wes would damn near snarl at him, and Bowen was always bad-mouthing Hardin to the other prisoners. The way I heard it, they held each other to blame for getting caught by the law.

Bowen was a cocky sonbitch who figured there wasn’t a way in the world he would be convicted. “Ain’t no witnesses,” he said. “It’s my word against a dead man’s.” A few weeks later he got taken to Gonzales for trial, and as it turned out, there
had
been a witness. A young fella named Mac Billings had seen Bowen commit the murder—he’d shot a passed-out drunk for some reason nobody knew. The jury stepped out of the room for a few minutes and came back with a hanging verdict.

When Bowen was returned to Austin while his case was appealed, he wasn’t near so brash as before. He licked his lips a lot and looked to be in a constant sweat. He spent a whole day talking to his lawyer—and then the two of them announced to reporters that the man who’d really committed the murder Bowen was convicted of was John Wesley Hardin. Bowen claimed he hadn’t said so before because he wanted to protect his sister’s husband—and he hadn’t expected to be found guilty. He said Mac Billings had lied to cover for Hardin.

Neal Bowen, Brown’s father, came to Austin to beg Hardin to confess to the killing and save his son’s neck. Hardin told him he wouldn’t make a false statement—and that a true one wouldn’t help Brown in the least. Bowen stomped out of the jail with a face like a storm cloud. I heard they never talked to each other again.

In early May Brown Bowen’s appeal was denied, and we took him to Gonzales to be hanged. Over three thousand spectators turned out on the appointed day. He once again declared that Hardin was the guilty party, not himself. Then he was hooded and his legs bound together and the trap was triggered. The hangman wasn’t too good at his work, though, because I counted to thirteen-Mississippi before Bowen finally stopped twitching.

I never felt a bit sorry for Brown Bowen, but I couldn’t help thinking how hard things must have been for Jane. Her whole family had come to hate her husband, and they cut all ties with her when she refused to turn her back on him. She went to live with Hardin’s mother.

F
our months after Bowen’s hanging, the court denied Hardin’s appeal. In its written opinion, it made reference to “the enormity of the crimes of John Wesley Hardin,” which sounded to me like they’d denied the appeal as much because of
who
he was as for what he’d done. Reynolds thought the same thing. “The court ain’t sure if he killed Charlie Webb in self-defense or not,” the lieutenant said, “but they know damn well he’s Wes Hardin and has killed plenty others, and that’s enough for them to shut the iron doors on him.”

We took him back to Comanche for formal sentencing, then set out with him and three other prisoners in a wagon once again flanked front and rear with a heavy guard detail. At Fort Worth we put them aboard a train—a prison car with barred windows and double-thick, double-locked doors—and headed for Huntsville. Every station on our route was jammed with gawkers, with people praying for him and people cursing his damned soul. The depot at Palestine was so crowded, people were jostling and shoving each other off the platform. We later heard a young boy lost his foot when he fell on the tracks as we went rumbling by.

H
e got to Huntsville early one morning in October. There were a lot of eyeballs on him when the prison wagon came into the main yard and the guards took out him and three others, including a bank robber and a boy who’d killed a fella in a fight over a girl at a church picnic. Wes was shackled to a blacksmith who’d got two years for trying to kill a storekeeper who kicked his dog, and the smitty looked about to piss his pants, he was so scared to be in prison with the likes of us. Two years!—hell, that’s nothing. A man ought be able to do two years on his goddamn
toes.
I’d already been inside for seven years and had thirteen to go. A lot of the cons were doing thirty, forty,
fifty
years. An old boy named Weeks was pulling ninety-nine years
and a day.
He’d got the sentence from a smart-ass judge in Houston. “Could of been worse,” Weeks liked to say. “Shitfire, it could of been
life.
” That smitty, though, he couldn’t bear up: before he’d been in the walls two months he dove off the second tier and smashed his head like a melon on the stone floor.

Wes was the big attraction, of course, and he damn well knew it. Even with the shackles on him he walked like a man used to getting attention. Most new fish would turn away real quick when you looked them in the eye as they crossed the main yard on the way over to Processing, but not him. He wasn’t about to be rattled by a bunch of yardbirds. Some of the hardrocks hollered to him that they aimed to find out just how tough he was. He just looked at them and spit between his teeth.

A con who clerked in Processing said they had to use nearly two full pages to record all the scars he had on him. After he was washed down, he was given his skunk suit and his mustache was shaved off and his hair was cut down to the scalp like the rest of us. He was brought into the row just before lockdown that evening and put in a cell with Snake Miller. Snake was the only con on the row who usually celled alone. The rest of us kept our distance from him. He was crazy as a moonstruck dog and liked to kill things with his hands.

Right after lights out, we heard the scuffle in their cell. Didn’t neither one let a holler through the whole thing, but we could hear them thumping and cussing and grunting hard. The row guards heard it as clear as we did, but they weren’t about to put a stop to it. Hell, that’s
why
they’d put Wes in there in the first place. Snake Miller was their favorite way to soften up any new fish who came on the row thinking too much of hisself. The loudest sound of the fight was the last one—there was a kind of wet crunch and everything got quiet. Next morning when they took the padlocks off the doors and opened the cells, they found Snake on the floor with his busted head still leaking blood on the stones. Pieces of hairy scalp were stuck to the door bars. Wes had some lumps and scratches but looked spruce compared to Snake. Smiley and Groot were the row guards—real sons of bitches—but they laughed when Wes said Miller must of been trying to break out by using his head. They had Snake carried over to the hospital. A couple of days later the morning orderly found him with his throat cut.

W
es got assigned to the wheelwright shop, which is where I worked, and where we got to know each other. I was from Liberty County, and it turned out we had some common acquaintances in East Texas.

He hadn’t been there two months before he had a plan for breaking out. It was a good plan except for one thing—he had to bring ten other cons in On it. That was a mistake and I tried to tell him so. “The place is crawling with rats who’ll sell you out for a tiny piece of cheese,” I told him. But he wouldn’t believe cons wouldn’t stick together in trying to escape. “In or out, Red?” he said. I knew better, I truly did, but of course I was in.

What we did was dig a tunnel from under the wheelwright shop to the prison armory, about seventy yards away. Every evening, the guards—including the saddle bosses, the horseback guards who took convict work gangs to the fields every day—stored their weapons in the armory before going to supper. We figured to cut our way through the armory floor, arm ourselfs, get the drop on all the guards, shoot anybody who resisted, and set loose every con in the place—all except for the rape fiends, of course.

The shop had all the tools we needed. Working in three shifts of four men each, we broke through the floor in the rear room of the shop, dug down about seven feet, and tunneled straight at the armory. The tunnel was just big enough for one man at a time, and each man in a shift would work for an hour before being spelled by somebody else. The man in the tunnel always took a handful of empty flour sacks and payed out a strong cord behind him. Whenever he’d fill a sack, he’d tug on the cord and the men keeping watch up in the shop would pull the sack out and dump the dirt in one of the privies behind the building.

It was pitch-dark down there, so we had to work by feel. Some of the boys were scared shitless of working so confined under the ground—but they forced theirselfs to do their share. They’d come out breathless and white-eyed, hands shaking, and make jokes about learning the mole’s trade. I admit I was one of them. Every time a clod of dirt fell on me I’d think the tunnel was giving way and I’d have to lock my jaws to keep from screaming with the fear of being buried alive. There ain’t been much in my life to spook me like being in that damn tunnel. But hell, it ain’t nothing a man won’t do to try to set hisself free.