Make them pay

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Make them pay

By
‘the Cowboy’ Jim Gray

On March 15, 1888, the Lyons (Kansas) Prohibitionist published a sensational story of murder and survival. Rice County Sheriff Sheldon Stoddard had heard plenty. Armed with a requisition from Kansas Governor Martin, the sheriff boarded a train to present the warrant to the governor of Colorado for the arrest of A.C. Myers and Frank West. To bring readers up-todate on the affair, a detailed account of treachery and murder was reproduced from the September 12, 1876, Sterling Gazette.

The ordeal began Monday morning, September 11, 1876, when Eli T. Patten stumbled his way to the home of J.B. Hope, seven miles southeast of Sterling, Kan. Patten was a horrible sight, covered in blood with a lead pistol ball lodged in the back of his head and another in his right cheek. He told a harrowing story of being shot in the back of the head while sleeping in a wagon. His friend Archibald Douglas awoke to find the muzzle of a pistol pointed his way. He begged for his life to no avail, and was shot to death. Patten feigned death while two men dragged Douglas into the weeds. When they returned for Patten, one of the men saw him breathe and shot Patten a second time in the side of the face. They took his vest, hat, boots and pants, leaving him for dead in only a shirt and underpants.

Patten was taken to Sterling where he telegraphed for help from Wichita. His wounds were dressed, and even though the lead balls were not extracted, he guided a party of men to find Douglas’ body.

Patten had worked for Myers in the panhandle of Texas on “the Palo Duro.” Patten claimed that while working for Myers, he participated in taking a band of horses from some Mexicans who had in turn stolen them on “a raid into Texas.” When he wanted to leave, Myers wouldn’t pay him, so he took a share of the stolen horses. For that reason, Myers had tracked him to Great Bend in Barton County, Kan., where Myers was deputized to capture Patten.

Patten said he had only recently met Douglas before Myers had them thrown in jail in Wichita, Kan.

An unnamed officer came from Great Bend to investigate. Because Patten was the object of the original warrant, he was placed under guard while the officer rode to the scene of the murder, but in the officer’s absence, Patten escaped. In his wounded condition, he nevertheless walked along the railroad tracks for over 60 miles before he was rearrested east of Newton, Kan.

“The prisoner went very reluctantly to Great Bend, fearing that he would be mobbed.”

After being committed to jail, Dr. Baird extracted the lead balls that had been fired by a Navy revolver. The balls were “flattened as if they had been shot against an ironclad.” Patten was rather proud of the way his skull had held up to the impact.

Patten was less than a model prisoner, continually causing trouble. At his trial on Sept. 18, 1876, he was found guilty of selling stolen stock and sentenced to four years in prison. With shackles restricting his hands and feet, he told the editor of the Sterling Gazette, “When I get out, I shall take the law into my own hands and do some settling.”

Patten was pardoned after 18 months. All this time Myers and West remained at large. Patten returned to his boyhood home in Paola in the Louisburg area. For the next 14 years, his life was devoted to finding Myers and West.

From the Texas Panhandle, Patten traced the men who had turned his life into one of misery to Durango, Colo. Unfortunately, he became very ill and was delayed in returning to Kansas for several months. With money running low, he had to find work to pay traveling expenses.

In early March 1888, Patten told his story to Sheriff Stoddard and the long arm of the law was set in motion. Myers was arrested at Durango, where he had become a wealthy man in the mining business. West was living in Englewood, Ill., and later gave himself up. Both men claimed they were not fugitives and had never tried to conceal their whereabouts.

The case was taken before the Supreme Court of Kansas and initially continued with both Myers and West being released on bond. After being continued several times, The Hutchinson News reported in July 1889 that Patten had failed to appear for the most recent hearing.

“It is freely talked here today that Patten has been heavily rewarded by Myers and West or their friends, and that he will not appear against them at all.”

After a couple of continuances, nothing more was found on the case.

Four years later, a telling notice was found in the Louisville (Kan.) Herald.

“Eli T. Patten is back from his travels and is visiting the scenes of his youth. Mr. Patten has been from Panama to China and Japan and Alaska.”

It would appear that Eli Patten made good on his vow to “do some settling,” and in his own way, make them pay on The Way West.