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 ver

dict 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.

CHAPTER XLVI.

TROUBLES IN SOUTH-EASTERN KANSAS-CONTINUED.

The difficulties at Fort Scott continued during the winter. In February Johnson, who had suffered much from the Ruffians in that town, came to Montgomery for assistance. A writ was procured for the arrest of the offenders, and Montgomery, at the head of forty-three men, set out to execute it. Meantime some of the more timid free state men had sent a couple of messengers to the town to ask the authorities to voluntarily surrender up the culprits; this deputation Montgomery met when he reached the outskirts of the town, accompanied by some of the leading citizens of the place. To the demand of the persons of those for whom writs were held, they replied that if the prisoners. would be retained at Fort Scott for trial they would be surrendered up; but otherwise they would not, and that they should fight, every man of them, before yielding to the latter demand. Montgomery replied, "then fight, that is what we want," and immediately put his men in motion towards the town. Crawford and other Fort Scott gentry hurried back into the village. By the time Montgomery reached the principal street Crawford and Judge Williams met them, and reported that all the mauraders had left, and tendered the free state men the hospitalities of the place. The latter partook of a hearty breakfast and received a pledge from Judge Williams that the goods taken from