men informed of this design, eight of them collected at Stone's cabin to defend the premises. That night they were attacked, but the ruffians, unable to dislodge the free state men in the log house, soon left for Fort Scott with the threat that they would return with re-inforcements and cannon the following evening, and if the premises were not vacated, would seize and hang every man found on them. The free state men increased their number the next day, to sixty, and prepared a warm reception for the enemy. But the latter returned only in small force the following night, and, on approaching the pickets of the free state men, retired. Southwood left before his allotted time expired, and Stone was moved into his former house. Here the free state men guarded him the first night, and the next day informed his pro-slavery neighbors that, as they could not guard him all the time, they would hold them responsible for his protection from disturbance. This the pro-slavery men carefully attended to; for they well knew that any wrong done Mr. Stone would be followed by fearful retaliation upon them.

A few weeks after this and similar occurrences, the United States court, under Judge Williams, opened at Fort Scott. The grand jury indicted most all the free state men in that vicinity for various offenses, some under the rebellion act, and others for theft or robbery. Upon an indietment under the rebellion act, Messrs. Davis, Bone and Hoffnagle were arrested and taken to Fort Scott, where they were thrust into prison, and treated with great indig nity. Montgomery raised a party of men to rescue them. He first sent Dr. Kimberland, to ask the liberation of the prisoners on bail, who, upon making the request, was informed that the crime with which the prisoners were charged was of such magnitude, that personal security could not be taken, but the Court would require the deposit of $800, in hard cash, for the recognizance of each. Not willing to entrust so much money with the pro-slavery

gentry at Fort Scott, the Doctor declined to make the deposit. Meantime, Montgomery had arrested a pro-slavery man, informed him of his project, and let him go. Knowing that in this way news of his design would soon be communicated to the Fort, Dr. Kimberland was again sent, with instructions to renew his application for bail, whenever he should be assured that the Court was informed of the intended attack. He waited in the court-room all day, and began to despair of the news having any effect, or of its being received at all. But later in the afternoon, as he was urging his application by alluding to the intended rescue in an allegorical way, a messenger entered the room, whispered something in the Judge's ear, and retired. In a moment all was changed. Judge Williams soon arose, delivered his opinion that it was unconstitutional and unheard of to refuse the prisoners bail, and thereupon discharged them upon their own recognizance. One was sent home on a horse that evening, and the other, who was sick, was conveyed home next morning in a carriage.

Indictment against free state men followed indictment, and arrest followed arrest; some for theft, because they sought to regain their own property; others for the usurpation of claims, because they sought to reinstate themselves in the homes from which they had been forcibly expelled. They were taken to Fort Scott, thrust into prison, and required to give $100 as a "backer," to some pro-slavery lawyer, to take charge of their case. When tried, the verdiet would invariably be against their interest, and a heavy cost thrust upon them. In one instance, where a free state man shot a pro-slavery man in self-defence, before he even had a show of trial, his property and that of his father-inlaw were seized by the sheriff and publicly sold at auction, in Fort Scott, to satisfy the widow of the deceased.

The war having subsided in Northern and Middle Kansas, and peace and order having been there restored, the Border Ruffians of the worst character had congregated at

Fort Scott. G. W. Clark, the Indian agent, and murderer of Barber, Brocket, who fled from Leavenworth to escape justice, Titus, who had rendered himself illustrious at the sacking of Lawrence, Hamilton, a Southerner, who was emulous of Border Ruffian fame, and others of similar character, had taken up their quarters in Southern Kansas. They would there drink, gamble and carouse; occasionally sally out, rob, insult, and plunder the free state settlers.

The latter, finding that there was no justice to be had from the United States Court at Fort Scott, but rather long, harrassing and costly trials, while they themselves were subject to indignities and abuse, determined to organize a court of their own as an offset to the one at the Fort, with a view of burlesqueing the United States Court, and at the same time administering impartial justice in the adjustment of difficulties. Dr. Gillpatrick, of Osawattomie, was constituted Judge under the cognomen of "John Brown," and the court had all the ordinary attendants of a judicial body. Its demeanor was very grave and procedure regular. It measured its fees and penalties by its contemporary at Fort Scott, but its decisions were more in accordance with justice than the latter. The Sheriff, Captain Abbott, from the Wakarusa, with a well selected posse, carried out its mandates and gave it a practical existence. In one instance a free state man by the name of Beason made complaint that some fellows were in the act of butchering his hogs. The court immediately ordered the arrest of the robbers, and for them and the stolen property to be brought before that body. In a very short time three criminals were introduced with the several hogs which they had butchered. Their trial was conducted in the most grave and solemn manner. The slaughtered swine were retained, to defray the expenses of the court, while the robbers were required to make ample restitution to the owners in money. This they first refused to do; but finding that the court would not be trifled

with, one of them sold his claim, and with the money made the required restitution.

It was, in a short time, decreed by the court at Fort Scott that the Squatter Court should be arrested and broken up. Accordingly Marshal Little was dispatched upon this errand with seventy men. He halted the troops about onefourth of a mile from the Court, while Little advanced until he met Montgomery and others, with whom he held a conversation. The object of the court was explained and its proceedings narrated. Little apparently sanctioned the conduct of the squatters and left, informing them, if he should return, he would advance under the show of a white flag.

In a few days, at the head of about two hundred troops, the Marshal again made his appearance, held a parley with the free state men, and haughtily demanded the surrender of the Court within thirty minutes, declaring that unless his demand was complied with he would fire upon them; to which the Court replied that they would accept the alternative of a fight, rather than surrender. Captain Abbott, commanding the free state forces, ordered ten men to go out some thirty yards from the log house in which the Court had taken shelter, and conceal themselves among the trees. As the troops under Little advanced, these men fired upon them and rushed towards them; whereupon the troops beat a hasty retreat. One man and a horse were wounded which was the only loss sustained.

Anticipating another attack, and rumors being rife to that effect, the free state men increased their defense and dispatched messengers for help. Colonel Wm. A Phillips, then Adjutant-General of the Territorial Militia, soon arrived and took command of the forces, now numbering about two hundred armed men. General Lane followed him next day. Colonel Phillips, at the head of his command, started to capture Fort Scott; but learning that a large force of United States troops from the north were

there, he abandoned the movement and countermarched to Sugar Mound. General Lane organized a regiment of troops, appointed Captain Shore, of Prairie City, Colonel, and Mr. Williams, of Osawattomie, Lieutenant-Colonel. On the evening of the same day he disbanded it, ordering all the men to return to their homes, except the companies of Captains Montgomery and Baynes, who were to keep the field, and protect the citizens. He organized, at the same time, a lodge of the secret society, whose object was the destruction of the Lecompton Constitutional measure. He returned to Lawrence and made a pompous report to the Legislature.