第2章

MY INITIATION AND CRIME

Guilty! This word, so replete with sadness and sorrow, fell on my ear on that blackest of all black Fridays, October 14, 1887.

Penitentiary lightning struck me in the city of Leavenworth, Kansas. I was tried in the United States District Court; hence, a United States prisoner.

The offense for which I was tried and convicted was that of using the mails for fraudulent purposes. My sentence was eighteen months in the penitentiary, and a fine of two hundred dollars. I served sixteen months, at the end of which time I was given my liberty. During the period I was in prison I dug coal six months in the penitentiary coal mines, and was one of the clerks of the institution the remainder of the term. Getting permission to have writing material in my cell, I first mastered short-hand writing, or phonography, and then wrote my book: "A Kansas Hell; or, Life in the Kansas Penitentiary." My manuscript being in short-hand, none of the prison officials were able to read it, and did not know what I was doing until I obtained my liberty and had my book published.

This, no doubt, will be the proper place to give some of my antecedents, as well as a few of the details of the crime for which I was sent to the penitentiary. I spent my youth and early manhood at Indianola, Iowa, from which place I removed to Nebraska. After residing for some time in Columbus, of that State, I was appointed by the governor to assist in organizing the Pawnee Indian Reservation into a county. When organized it was called Nance County, being named for Hon. Albinus Nance, then governor of the State. I held the position of county clerk of that county for four consecutive years. During this time I organized the Citizens' Bank. I was its cashier at first, and, later on, its president. I had a lucrative business and was doing well. My wife's health failed her; she became consumptive. My family physician advised a removal to the South. I closed out my business at a great sacrifice, and came to Atchison, Kansas. Here I located, and made it my future home. Soon after my arrival I commenced the publication of a daily newspaper, known as the "Times."In the county in which I located I found one of the worst and most corrupt political rings on the face of the earth. This combination had controlled the politics of the county for almost a quarter of a century. Soon I became involved in a terrific newspaper war with the members of this political organization. An election of county and State officials was soon to take place. In order to test the strength of the contending elements, in my newspaper, I presented the name of Hon. W. D. Gilbert as a candidate for district judge in opposition to the ring candidate. A sharp fight ensued. Mr. Gilbert was elected by an overwhelming majority. This was the first time for twenty-five years that this ring had been defeated. The members of it were very sore. Looking upon me as the principal spirit, I was the object toward which they directed all their shafts of spite.

Some time before this an insurance company had been organized in the city of Atchison. I was invited to become its president. I examined the books of the corporation, and found it to be organized according to the laws of Kansas; that the company had a charter from the State, and also certified authority to issue policies of insurance, granted by the State insurance commissioner. I accepted the presidency on condition that the company was simply to have the use of my name, and that I was not expected to give any of my time to the company, as I was otherwise engaged. I was editor of a daily newspaper, and could not attend to anything else. While this company was doing business a printed circular was used, stating that the corporation had one hundred thousand dollars PAID up capital. This circular was sent out through the mails over the State advertising the business. It was charged this circular was fraudulent; that the company did not have that amount of capital paid in. My name was attached to this printed circular. For this, I was indicted in the United States District Court, on the charge of using the mails for fraudulent purposes. The advertised capital of this corporation was SUBSCRIBED, but not all paid in, as it was not needed in the business of the company. After indictment I was arrested, and gave bonds for my appearance at the next term of court, which was held soon after.

Not being able to secure the attendance of all my witnesses, my attorney wrote the prosecuting attorney asking his consent that my case becontinued. The request was granted. When the case was called, my attorney appeared and introduced a motion to continue the case, filing affidavits necessary in such cases. The prosecuting attorney having given his consent, there was no doubt in the minds of those interested as to the continuance of the case. For some cause best known to himself, the judge would not grant the continuance, and forced me to trial without having a single witness. It was my intention to have some fifty witnesses subpoenaed, to prove that the insurance company of which I was president was not a fraud. Not being allowed to have my witnesses, I was, under the instructions of the court, which were, indeed, exceedingly pointed, found guilty, and sentenced to eighteen months' imprisonment and to pay a fine of two hundred dollars. The political ring now triumphed for a brief period. In order to prove conclusively to the reader that this was a piece of spite work, I have only to state that I was the only one of all the officers of that company that was ever tried for running a bogus insurance company. Why was it that I was the only one sent to the penitentiary when there was the secretary, treasurer, and six directors equally as guilty as myself?