his men feigned to be Indians, in order to draw the proslavery men out, as the latter were in the habit of seizing Indians whenever they came into that vicinity to hunt, and flogging them. Failing to call the pro-slavery men out in this way, they entered Burnet's house, but found no one, except women and children, in it. They resolved to wait, knowing that the ruffians would soon gather as the presence of free state men in the neighborhood was-known. Shortly the pro-slavery men began to drop in, one and two at a time, who were severally seized as they came, disarmed and placed under guard until twenty-one were thus held. At last Burnet appeared, who, first informed by a woman of what was going on, declared that he would fight rather than surrender. But on his approach a single man went out, disarmed and brought him in prisoner. They then broke the captured guns, took $250 in money, provided themselves with good horses, liberated their prisoners and returned.

Montgomery next marched upon some invaders, encamped on Bull Creek; but at his appearance they fled. Thence he, with ten men, crossed into Missouri after negroes, but their presence and mission being discovered, and being pursued, they were so closely pressed that they seized sixteen good horses, escaped to Kansas and visited Lawrence. Here, in accordance with the advice of prominent free state men, he determined to go home and keep quiet. On his way thither, when about one mile beyond the Wakarusa, he suddenly met two of Geary's United States militia, one of whom immediately seized his horse by the bridle. Montgomery, with the agility of a panther, leaped from his saddle upon the opposite side of the horse; snatched his revolver from the holster, and with his person shielded by the horse leveled it upon his assailant, who was in the act of raising his musket. The soldier, with his hand grasping his weapon, dared not level it, knowing that a ball would pierce his heart the moment he should make the at

tempt. Thus they eyed each other for a moment, when, without saying a word, the militia turned, passed on and left Montgomery to pursue his journey unmolested.

During the winter of '56 and '57 the pro-slavery men held the claims and appropriated to their own use the stock that the free state men had left. They kept up their military organization and committed some depredations the ensuing spring.

Early in the summer of 1857 new free state immigrants began to pour into that section of the Territory, and many of those driven off the fall previous, began to return. Thus the free state element in that locality continued to increase all summer.

As might be expected, a conflict soon ensued between the two parties. The returned free state men first undertook to gather up their stock, which they had been compelled to abandon the fall previous; but those who now held it refused to give it up; whereupon the former, being the stronger, took it. They next banded themselves together for the repossession of their claims. The first difficulty of this kind was the restoration of Mr. Stone, who had been driven off the fall previous, to his claim, now occupied by Southwood, a Methodist preacher of the Church South. The free state men built Stone a little cabin near the one in which Southwood lived, and moved his family into it, that he might await the opening of the land office, when he could properly prosecute his right to the claim. A difficulty soon arose between the two families about a well of water, which led to an assault by Mrs. Southwood upon Mrs. Stone. The aggravating circumstances attending this attack, together with the conduct of the former's husband, exasperated the free state men of the neigborhood, insomuch that they gave Southwood orders to leave the premises by a named time. The pro-slavery men, notified of this order, prepared to remove Mr. Stone by an armed force of two hundred men the day before the time allowed Southwood. The free state

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

the next day informed

guarded him the first night, and 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 indictment 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 indignity. 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